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.
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.
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.
Richmond, VA
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Richmond, VA
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See how Richmond's density bonus law rules stack up against other locations.
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