AFFORDABLE DWELLING UNITS

Richmond, Va., City Code ch. 30, art. VI, div. 10.1

in effect

Richmond, Va., City Code § 30-691 Intent statement.

Sec. 30-691. - Intent statement. Pursuant to the general purposes of this chapter and the provisions of Code of Virginia, § 15.2-2305, and in furtherance of the purpose of providing affordable shelter for all residents of the City, the intent of this division is to provide for a voluntary affordable housing dwelling unit program that addresses housing needs, promotes a full range of housing choices, and encourages the construction and continued existence of housing affordable to low and moderate income citizens by providing for increases in density and other incentives to the applicant in exchange for the applicant providing such affordable housing. The provisions of this division are intended to be applied in accordance with affordable dwelling unit program administrative provisions adopted by the City Council. (Code 2004, § 114-691; Code 2015, § 30-691; Code 2020, § 30-691; Ord. No. 2007-187-203, § 1, 9-10-2007)

Richmond, Va., City Code § 30-691.1 Applicability.

Sec. 30-691.1. - Applicability. (a) Generally. Subject to the limitations and provisions set forth in Section 30-691.2, the provisions of this division shall be applicable to any site or portion thereof developed or to be developed for purposes of dwelling units as defined in Section 30-1220. For purposes of these provisions, a site may include a single lot, a combination of contiguous lots, or a combination of lots that are contiguous except for intervening streets or alleys, when such combination of lots is to be developed under the same ownership and/or control pursuant to an overall development plan. (b) Program is voluntary. Participation in the affordable dwelling unit program shall be at the sole discretion of the applicant, and an applicant's decision not to apply under the program shall not affect the applicant's ability to obtain density increases pursuant to other applicable provisions of this Code. (c) Qualifying affordable dwelling units. For purposes of this division, affordable housing is affordable dwelling units that qualify for application of the density bonus features set forth in this division and shall be dwelling units that are affordable for purchase by households whose income is no more than 80 percent of the area median income in the Richmond-Petersburg Metropolitan Statistical Area and affordable for rental by households whose income is no more than 60 percent of the area median income in the Richmond-Petersburg Metropolitan Statistical Area, except as such percentages of the area median income may be adjusted with the approval of the City Council for purposes of avoiding potential economic loss by the owner or applicant as provided in Chapter 16, Article II. (d) Dwelling units to be developed under current zoning. If a site is proposed to be developed pursuant to the current zoning classification of the site, and no rezoning, special use permit or community unit plan is proposed to change the type or density of dwelling units or the lot sizes permitted to be developed on the site, the current zoning district regulations shall be used as the basis upon which the eligible density bonus features and number of qualifying affordable dwelling units are applied. (e) Dwelling units to be developed pursuant to rezoning. In the case of a site that is proposed to be developed subject to approval of a change in the zoning classification of the site, the zoning district regulations resulting after such change in the zoning classification shall be used as the basis upon which the eligible density bonus features and qualifying number of affordable dwelling units are applied. (f) Dwelling units to be developed pursuant to special use or community unit plan. Nothing contained in this division shall be construed to prohibit an applicant from voluntarily providing affordable dwelling units as part of a special use permit or community unit plan application. (Code 2004, § 114-691.1; Code 2015, § 30-691.1; Code 2020, § 30-691.1; Ord. No. 2007-187-203, § 1, 9-10-2007; Ord. No. 2008-40-60, § 1, 3-24-2008)

Richmond, Va., City Code § 30-691.2 Density bonus features and qualifying affordable dwelling units.

Sec. 30-691.2. - Density bonus features and qualifying affordable dwelling units. The following modifications to applicable zoning district requirements shall be known as density bonus features, and shall be permitted as means to enable increased density of development when affordable dwelling units are provided on a site. In a case where a density bonus feature to be applied to a site is less than the maximum percentage authorized by this section, the percentage of affordable dwelling units or the percentage of floor area devoted to affordable dwelling units necessary to qualify for such bonus feature shall be reduced proportionately, as rounded to the nearest whole percentage. (1) Sites located in R, RO and HO districts. a. Single-family detached dwellings. The minimum required lot area, lot width and side yard width applicable to single-family detached dwellings shall be reduced by up to 20 percent, provided that not less than 11 percent of the total number of single-family detached dwellings developed on the site, including the optional density increase, are affordable dwelling units, and provided further that in no case shall the lot area be less than 3,000 square feet, nor shall the lot width be less than 25 feet, nor shall any side yard be less than three feet in width. b. Single-family attached dwellings. In districts where maximum permitted average density is applicable to single-family attached dwellings, such density shall be increased by up to 20 percent, provided that not less than 11 percent of the total number of single-family attached dwellings developed on the site, including the optional density increase, are affordable dwelling units. c. Two-family detached dwellings. The minimum required lot area, lot width and side yard width applicable to two-family detached dwellings shall be reduced by up to 20 percent, provided that not less than 11 percent of the total number of two-family detached dwellings developed on the site, including the optional density increase, are affordable dwelling units, and provided further that in no case shall the lot area be less than 3,600 square feet, nor shall the lot width be less than 27 feet, nor shall any side yard be less than three feet in width. d. Two-family attached dwellings. The minimum required lot area and lot width applicable to two-family attached dwellings shall be reduced by up to 20 percent, provided that not less than 11 percent of the total number of two-family attached dwellings developed on the site, including the optional density increase, are affordable dwelling units, and provided further that in no case shall the lot area be less than 2,600 square feet, nor shall the lot width be less than 23 feet. e. Multifamily dwelling lot area. In districts where a minimum required lot area per dwelling unit is applicable to multifamily dwellings, the following shall apply: 1. Where 23 or fewer multifamily dwelling units are permitted on a site before application of any density bonus feature, the permitted number of such units shall be increased by up to 15 percent, provided that not less than nine percent of the total number of multifamily dwelling units developed on the site, including the optional density increase, are affordable dwelling units. 2. Where 24 or more multifamily dwelling units are permitted on a site before application of any density bonus feature, the permitted number of such units shall be increased by up to ten percent, provided that not less than six percent of the total number of multifamily dwelling units developed on the site, including the optional density increase, are affordable dwelling units. f. Multifamily dwelling floor area ratio. In districts where a maximum floor area ratio is applicable to multifamily dwellings, the permitted floor area shall be increased by up to ten percent, provided that not less than six percent of the total multifamily floor area developed on the site, including the optional floor area increase, is devoted to affordable dwelling units. (2) Sites located in UB and B-1 districts; dwelling use floor area. The maximum permitted floor area devoted to dwelling use shall be increased by up to 20 percent, provided that not less than 11 percent of the total dwelling use floor area, including the optional floor area increase, is devoted to affordable dwelling units. (3) Sites located in B-2 and B-3 districts. a. Dwelling use floor area. The maximum permitted floor area devoted to dwelling use shall be increased by up to 20 percent, provided that not less than 11 percent of the total dwelling use floor area, including the optional floor area increase, is devoted to affordable dwelling units. b. Building height. The maximum permitted building height shall be increased by 12 feet when at least ten percent of the floor area permitted for dwelling use in the building is devoted to affordable dwelling units. (4) Sites located in the B-4 district; dwelling use floor area. The maximum permitted floor area applicable to dwelling use shall be increased by up to ten percent, provided that not less than six percent of the total dwelling use floor area, including the optional floor area increase, is devoted to affordable dwelling units. (Code 2004, § 114-691.2; Code 2015, § 30-691.2; Code 2020, § 30-691.2; Ord. No. 2007-187-203, § 1, 9-10-2007)

Richmond, Va., City Code § 30-691.3 Calculation of numbers of dwelling units.

Sec. 30-691.3. - Calculation of numbers of dwelling units. In the case of density bonus features for an increase in average density of single-family attached dwellings on a site or an increase in the number of multifamily dwelling units on a site, the following rules shall apply in the calculation of numbers of dwelling units: (1) Number of dwelling units permitted before application of bonus feature. When calculation of the number of dwelling units permitted on a site before application of the density bonus feature results in a fractional number, the permitted number of dwelling units shall be the lower whole number. (2) Number of additional dwelling units or affordable dwelling units. When calculation of the number of additional dwelling units resulting from application of the density bonus feature results in a fractional number, or when calculation of the number of affordable dwelling units necessary to qualify for such bonus feature results in a fractional number, the number of additional dwelling units or number of affordable dwelling units shall be the nearest whole number. (Code 2004, § 114-691.3; Code 2015, § 30-691.3; Code 2020, § 30-691.3; Ord. No. 2007-187-203, § 1, 9-10-2007)

Richmond, Va., City Code § 30-691.4 Distribution and physical compatibility of affordable dwelling units.

Sec. 30-691.4. - Distribution and physical compatibility of affordable dwelling units. Affordable dwelling units intended to qualify for density bonus features shall comply with the following criteria. For purposes of this section, dwelling unit type shall be construed to mean any of the dwelling uses defined in Article XII of this chapter that are permitted on the site, and including the number of bedrooms contained therein. (1) Distribution. Affordable dwelling units of the given dwelling unit type shall be located on a site so as to be interspersed among the market rate dwelling units of the same dwelling unit type on the site, and shall not be concentrated together or otherwise separated from market rate dwelling units. (2) Physical compatibility. The exterior appearance of affordable dwelling units shall be similar to and compatible with the typical exterior appearance of market rate units of the same dwelling unit type on the site by provision of similar architectural style and similar exterior building materials, finishes and quality of construction, except as may be adjusted with the approval of the City Council's designee for purposes of avoiding potential economic loss by the owner or applicant as provided in Chapter 16, Article II. (3) Dwelling unit types and sizes. The number of market rate dwelling units of a given dwelling unit type on the site shall be not less than the number of affordable dwelling units of the same dwelling unit type. The floor area of affordable dwelling units shall comprise not less than 80 percent of the typical floor area of market rate dwelling units of the same dwelling unit type, provided that no affordable dwelling unit bedroom shall contain less than 100 square feet of floor area. (Code 2004, § 114-691.4; Code 2015, § 30-691.4; Code 2020, § 30-691.4; Ord. No. 2007-187-203, § 1, 9-10-2007; Ord. No. 2008-40-60, § 1, 3-24-2008)

Richmond, Va., City Code § 30-691.5 Phasing of development.

Sec. 30-691.5. - Phasing of development. On any site where dwelling units are to be developed in phases, affordable dwelling units intended to qualify for density bonus features shall be developed in accordance with the following provisions: (1) Phasing plan. A phasing plan describing the phasing of construction of affordable dwelling units and market rate dwelling units shall be submitted with the site plan. (2) Certificates of use and occupancy. Certificates of use and occupancy shall not be approved for more than 50 percent of the market rate dwelling units constructed on the site until certificates of use and occupancy are approved for at least 50 percent of the affordable dwelling units constructed on the site. Certificates of use and occupancy shall not be approved for more than 80 percent of the market rate dwelling units constructed on the site until certificates of use and occupancy are approved for 100 percent of the affordable dwelling units constructed on the site. (Code 2004, § 114-691.5; Code 2015, § 30-691.5; Code 2020, § 30-691.5; Ord. No. 2007-187-203, § 1, 9-10-2007; Ord. No. 2024-314, § 2(30-691.5), 12-9-2024)

Richmond, Va., City Code § 30-691.6 Other incentives.

Sec. 30-691.6. - Other incentives. (a) Fee reduction. Applicants participating in the affordable dwelling unit program shall be eligible for a reduction of those development fees specified in this chapter that are otherwise applicable, to the extent that such fees shall be reduced by a percentage amount equal to the percentage of affordable dwelling units provided. (b) Expedited consideration. Applications proposing the development of affordable dwelling units pursuant to this program shall be given expedited consideration relative to other applications proposing residential development. (Code 2004, § 114-691.6; Code 2015, § 30-691.6; Code 2020, § 30-691.6; Ord. No. 2007-187-203, § 1, 9-10-2007)

Richmond, Va., City Code § 30-691.7 Site plan.

Sec. 30-691.7. - Site plan. (a) Site plan required. In addition to site plan requirements that may otherwise be applicable in the district in which the site is located, a site plan shall be required as set forth in Article X of this chapter for all affordable dwelling units intended to qualify for density bonus features authorized by this division. (b) Indication of affordable dwelling units on plans. All affordable dwelling units intended to qualify for density bonus features authorized by this division shall be indicated on plans accompanying the site plan, together with such additional information as necessary to determine compliance with the provisions of this division. (c) Approval of site plan. No site plan for a site that includes any of the density bonus features authorized by this division shall be approved by the Director of Planning and Development Review until the Affordable Dwelling Unit Program Administrator has provided written certification to the Director that the program criteria necessary to qualify for such density bonus features are met. (Code 2004, § 114-691.7; Code 2015, § 30-691.7; Code 2020, § 30-691.7; Ord. No. 2007-187-203, § 1, 9-10-2007; Ord. No. 2009-221-2010-9, § 1, 1-25-2010; Ord. No. 2024-314, § 2(30-691.7), 12-9-2024)

Richmond, Va., City Code § 30-691.8 Certification of affordable dwelling unit program applicability.

Sec. 30-691.8. - Certification of affordable dwelling unit program applicability. In order for any of the density bonus features authorized by this division to be applicable to a site, the requirements of the affordable dwelling unit program administrative provisions established by the City Council shall be met. The Zoning Administrator shall not approve any application for a building permit, certificate of use and occupancy or certificate of zoning compliance that includes any of the density bonus features authorized by this division until the affordable dwelling unit program administrator has provided written certification to the Zoning Administrator that the program criteria necessary to qualify for such density bonus features are met. (Code 2004, § 114-691.8; Code 2015, § 30-691.8; Code 2020, § 30-691.8; Ord. No. 2007-187-203, § 1, 9-10-2007)

Richmond, Va., City Code § 30-691.9 Processing timeframe.

Sec. 30-691.9. - Processing timeframe. The City shall have no more than 280 days in which to process site or subdivision plans proposing the development or construction of affordable dwelling units under the affordable dwelling unit program. The calculation of such periods of review shall include only the time that plans are in review, and shall not include such time as may be required for revision or modification in order to comply with lawful requirements set forth in applicable ordinances and regulations. (Code 2004, § 114-691.9; Code 2015, § 30-691.9; Code 2020, § 30-691.9; Ord. No. 2007-187-203, § 1, 9-10-2007)

Richmond, Va., City Code § 30-691.10 Reserved.

Richmond, Va., City Code § 30-691.11 Administration of affordable dwelling unit program.

Sec. 30-691.11. - Administration of affordable dwelling unit program. The City's affordable dwelling unit program shall be administered in accordance with the provisions of the affordable dwelling unit program administrative provisions adopted by the City Council. (Code 2004, § 114-691.11; Code 2015, § 30-691.11; Code 2020, § 30-691.11; Ord. No. 2007-187-203, § 1, 9-10-2007)

Source: City of Richmond, Virginia, Code (2026 recodification) and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/va/richmond/codes/code_of_ordinances?nodeId=CH30ZO_ARTVISURE_DIV10.1AFDWUNFetched: 11/8/2026