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

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified May 2026

Key Facts

Mechanism
Special use permits
Typical bonus
Up to 50% density
Income target
Below 80% AMI
State framework
Va. Code §15.2-2304

Summary

Richmond Chapter 44 allows discretionary density bonuses through the special use permit process for projects providing affordable housing, exceeding base zoning by up to 50% in density when serving households below 80% area median income.

In furtherance of the purpose of providing affordable shelter for all residents of the Commonwealth, the governing body of any county where the urban county executive form of government or the county manager plan of government is in effect, the Counties of Albemarle and Loudoun, and the Cities of Alexandria, Charlottesville, Fairfax, and Falls Church may by amendment to the zoning ordinances of such locality provide for an affordable housing dwelling unit program. The program shall address housing needs, promote a full range of housing choices, and encourage the construction and continued existence of moderately priced housing by providing for optional increases in density in order to reduce land costs for such moderately priced housing. Any project that is subject to an affordable housing dwelling unit program adopted pursuant to this section shall not be subject to an additional requirement outside of such program to contribute to a county or city housing fund. Any local ordinance of any other locality providing optional increases in density for provision of low and moderate income housing adopted before December 31, 1988, shall continue in full force and effect.

Source: Va. Code §15.2-2304View official code

Full Breakdown

Unlike California's mandatory state density bonus law, Virginia operates under Dillon's Rule, so Richmond's bonus authority comes from Chapter 44 and individual proffer agreements rather than a uniform state framework. Va. Code §15.2-2304 enables affordable dwelling unit ordinances in localities with adopted programs, but Richmond has not enacted a fully mandatory inclusionary program. Instead, developers seeking rezonings or special use permits commonly proffer affordable units, parkland, or infrastructure in exchange for density above by-right limits. The Maggie Walker Community Land Trust and other partners assist in long-term affordability stewardship.

Violations & Fines

Failure to deliver proffered affordable units violates the conditions of the special use permit and exposes the developer to civil penalties up to $1,000 per unit per day plus potential rezoning revocation.

Frequently Asked Questions

Is the bonus program mandatory?
No. Richmond's bonus framework is incentive-based and project-specific. Council approves bonuses through rezonings or special use permits rather than as automatic by-right entitlements.
How long must units stay affordable?
Typical proffers require affordability terms of 30 years, though land trust partnerships can extend that period to 99 years through ground lease structures.

Sources & Official References

Other rules in Richmond

All Richmond rules

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