Richmond, VA Zoning Overlays & Bonuses: Density Bonus Law (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.
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?
How long must units stay affordable?
Sources & Official References
Other rules in Richmond
Compare Richmond to another location·View the Virginia zoning overlays & bonuses overview
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