James City County, VA Zoning Overlays & Bonuses: Density Bonus Law (2026)
Key Facts
- Absolute density ceiling
- 12 units/acre including bonuses
- Base density range
- 6-10 units/acre by project size/height
- Bonus cap
- extra 20% above base density
- Bonus mechanism
- points from section 24-549 table
- Anti-circumvention rule
- project phases counted as one development
Summary
In James City County's R-5 Multifamily Residential District, section 24-307 caps overall net density at 12 units per acre but lets the Board of Supervisors approve density bonuses above the base rate for developers who go beyond minimum zoning standards, capped at an extra 20 percent through a points-based bonus table.
(c)Density bonuses. In order to encourage attractive architectural and site designs which are harmonious with adjoining property, to encourage the preservation of open space within and around higher density development, to encourage preservation and restoration of historic sites and to encourage developers to go beyond the minimum standards of the zoning ordinance, the board of supervisors may approve density bonuses as specified in the density bonus item options table in section 24-549 of this chapter. Density bonuses shall not exceed a maximum of an additional 20 percent above the net density that would otherwise be permitted and in no case shall exceed 12 units per acre, in accordance with the following: Bonus increase from base net density Required density bonus points from list ... Greater than ten percent above the base density, up to and including 20 percent above the base density 2
Full Breakdown
Section 24-307 sets the baseline density math for the R-5 Multifamily Residential District: a base net density schedule tied to project size and building height, ranging from 6 to 10 units per acre depending on whether a project has 1-100, 101-200, or more than 200 units and whether buildings are under three stories or three stories and taller, with an absolute ceiling of 12 units per acre including any bonus. Subsection (c) lets a developer exceed the base rate by earning density bonus points from the density bonus item options table in section 24-549, a mechanism the ordinance says exists to encourage attractive architectural and site design, preserve open space around higher-density development, and encourage preservation and restoration of historic sites.
The points translate directly into allowed density: zero bonus points keeps a project at the base density, one point unlocks up to ten percent above base, and two points unlocks up to 20 percent above base, which is also the ordinance's absolute cap on how far bonuses can push density above what would otherwise be permitted. Subsection (d) closes an obvious workaround by barring a developer from subdividing a property to circumvent the density limits, requiring the phases of one project to be evaluated together rather than piecemeal. The Board of Supervisors administers approval of the bonus as part of its rezoning and site plan review authority for R-5 development.
Violations & Fines
Building beyond the 12-units-per-acre ceiling, or claiming a density bonus without the points required by section 24-307(c), is a zoning violation subject to section 24-22. It is a misdemeanor with a fine of $10.00 to $1,000.00, a separate offense for each 30-day period of continued noncompliance, and the Board of Supervisors or county attorney can pursue an injunction to halt construction or force units to be removed from the plan.
Frequently Asked Questions
How much density can a multifamily project get in the R-5 district?
How do I qualify for a density bonus?
Can a developer phase a project to get around the density cap?
Who approves a density bonus request?
Sources & Official References
Other rules in James City County
Compare James City County to another location·View the Virginia zoning overlays & bonuses overview
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