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Portsmouth, VA Zoning Overlays & Bonuses: Density Bonus Law (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Maximum density bonus
20% above district maximum
Features needed for max bonus
2 Group A or 4 Group B features
Eligible districts
Commercial, industrial, special, D1, UR-M
Review process
Use Permit, Site Plan, or Zoning Permit

Summary

Portsmouth allows up to a 20 percent density bonus above the district maximum for new commercial, industrial, D1, and UR-M development that provides qualifying resilient site and building features under Sec. 40.2-310.

(a)Development providing resilient site and building features in accordance with the provisions of this section shall be eligible for bonuses shown in Table 40.2-310(1) and including:(i)A total density bonus of up to a maximum of 20 percent beyond the maximum allowable gross residential density;

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 65).

Full Breakdown

Sec. 2-310(A) creates the Resilient Site and Building Bonuses program to promote sustainable development addressing climate change, stormwater runoff, and sea level rise. Subsection (A)(1)(a)(i) authorizes a total density bonus of up to a maximum of 20 percent beyond the maximum allowable gross residential density for development that provides qualifying features. 2-310(1) scales the bonus to the number of features: providing one feature from Group A, or two from Group B, earns up to a 10 percent density increase; providing two Group A features, or four Group B features, unlocks the full 20 percent.

2-310(2)'s menu, covering energy generation, recycling and waste reduction, stormwater management, and certified green building performance such as LEED or Energy Star. The bonus is available only to new development in the commercial, industrial, special, Downtown (D1), and UR-M zoning districts, and Sec. 2-310(C)(2) limits the D1 district bonus to building height or gross residential density alone. A developer must submit a written bonus request with the development application, and the bonus is reviewed during whichever process applies: a Use Permit (Sec. 2-533), a Zoning Text/Map Amendment (Sec. 2-532), a Site Plan, or a Zoning Permit (Sec. 2-530). Sec. 2-310(2) expressly says otherwise.

Violations & Fines

There is no separate penalty provision because the density bonus is optional; a project that claims bonus density without documenting the required number of Table 40.2-310(2) features will have the bonus denied at Use Permit, Site Plan, or Zoning Permit review, and any bonus features tied to an approved Use Permit can only be modified by City Council.

Frequently Asked Questions

How much extra density can a Portsmouth project earn?
Sec. 40.2-310(A)(1)(a)(i) caps the resilient development density bonus at 20 percent beyond the maximum allowable gross residential density, reached by providing two Group A (or four Group B) qualifying features from Table 40.2-310(2).
Which Portsmouth zoning districts qualify for the density bonus?
Sec. 40.2-310(C)(1) limits eligibility to new development in the commercial, industrial, special, Downtown (D1), and UR-M zoning districts, and the D1 district bonus is restricted to height or residential density only.
How does a developer apply for Portsmouth's density bonus?
Sec. 40.2-310(D) requires a written bonus request submitted with the development application, reviewed during whichever approval applies, a Use Permit, a Zoning Text/Map Amendment, a Site Plan, or a Zoning Permit.

Sources & Official References

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