§ 31-409. INCENTIVE ZONING.

Latest version.

(a)

BONUS DENSITY.

(1)

APPLICABILITY. For purposes of this Section, a "density bonus" refers to additional dwelling units or floor area permitted on a property, pursuant to a Conditional Use Permit, by applying the criteria established in this Subsection.

(2)

BONUS CRITERIA. An applicant may be granted a density bonus by establishing any of the incentive items as described in column (A) in Table 409-2 herein consistent with the standards described in column (B) of Table 409-2 . Density bonuses may also be approved pursuant to the Affordable Dwelling Unit Ordinance.

(3)

CONDITIONAL USE PERMIT. No increase in density pursuant to this Subsection shall be established unless and until a Conditional Use Permit is approved in accordance with Section 31-306 of this Ordinance.

(4)

CALCULATION. Maximum permissible density shall be calculated in accordance with column (C) of Table 409-2. In no event shall the cumulative total permissible dwelling units for public park land, open space or agricultural preservation in Table 409-2 exceed the following percentage of the total permitted dwelling units (calculated in accordance with Section 31-407(b)(1)) as set forth in column (D) of Table 409-1:

TABLE 409-1: ALTERNATIVE INCENTIVES

	(A) Public Parks	(B) Open Space	(C) Agricultural Preservation/ Critical Areas	(D) Percent of Total Permitted Dwelling Units ⁽¹⁾
A	*			130% ⁽²⁾
B		*		130% ⁽²⁾
C			*	130%
D	*	*		135% ⁽²⁾
E	*		*	135%
F		*	*	135%
G	*	*	*	140% ⁽²⁾

Interpretation:

(1)

As calculated in Section 31-407(b)(1).

(2)

The asterisks (*) in Table 409-1 indicate the combination of incentives, with column (D) indicating the maximum total dwelling units permitted, measured by multiplying the percentage in column (D) by the total density calculated pursuant to Section 31-407(b)(1), using the combination of incentives indicated in the row.

TABLE 409-2: BONUS DENSITY CHART

(A) Incentive Item	(B) Criteria	(C) Total Dwelling Units or Floor Area
Public park land dedication exceeding minimum requirements of the parks and open space standards	Establishment of parks (active open space) exceeding the minimum acreage requirements of the parks and open space standards.	TD = BD + (1.00 x PSA) + (0.50 x OSA) Where: TD = Total permitted dwelling units with density bonus (not to exceed percentage of the total permitted dwelling units calculated in accordance with Section 31-407(b)(1) as set forth in column (D) of Table 409-1). BD = Base calculation of total permitted dwelling units pursuant to Section 31-407(b)(1). PSA = Total park (active open space) acreage less park acreage required by parks and open space standards OSA = Total passive open space acreage less open space acreage required by parks and open space standards
Open space dedication exceeding minimum requirements of the parks and open space standards	Establishment of passive open space in addition to the establishment of parks exceeding the minimum acreage requirements of the parks and open space standards.
Retirement housing (see Comprehensive Plan 2026, Action 5B)	The provision of assisted living facilities for the elderly, including continuing care retirement facilities, as defined in Code of Virginia, § 38.2-4900 which have been issued a state certificate of public need.	D x 1.05	where D = Base calculation of total permitted dwelling units pursuant to § 31-407(b)(1)
Retirement housing (see Comprehensive Plan 2026, Action 5B)	The development of residential, mixed-use communities which provide special facilities for retired persons and for which occupancy is restricted to persons of retirement age.	D x 1.10	where D = Base calculation of total permitted dwelling units pursuant to § 31-407(b)(1)
Redevelopment	Redevelopment of existing strip centers in accordance with the provisions of § 31-715(e) of this Ordinance.	For each 100 spaces of surface parking converted to structured parking on an area not exceeding 20% of the site area, an additional 20,000 feet of non-residential space may be constructed.
Traditional Neighborhood Development	>Development of a TND option subdivision consistent with § 31-411(f).	See Table 407-1 of this Ordinance.
Cluster or Hamlet	Development of a Cluster option subdivision consistent with § 31-411(d) or a Hamlet option subdivision consistent with § 31-411(e).	See Table 407-1 of this Ordinance.
Agricultural Preservation or critical areas	Agricultural land development rights shall be transferred pursuant to Subsection (b) of this Section.	One equivalent residential unit for each unit of development potential transferred. Credit is based on allowable density using the conventional option pursuant to Table 407-1 (e.g., if permitted density in the Sending Area is one unit per acre for the conventional option, then one unit may be transferred for every one acre preserved through conservation easement or dedication.

(b)

TRANSFER OF DEVELOPMENT RIGHTS.

(1)

PURPOSE. The density or intensity of a use that would have been allowed on a site designated as a critical area in the absence of the application of this Ordinance may be used by "clustering" the development within non-sensitive areas within the project site (Subsection (b) of this Section) or off-site through the transfer of development rights pursuant to this Section.

(2)

SENDING AREAS.

SENDING AREAS DESIGNATED. Parcels located in the following zoning districts and which meet the following criteria may transfer development rights in accordance with the procedures set forth in this Subsection:

(i)

Agricultural Preservation Sending Areas. Any parcel, or portion of a parcel, which:

Is zoned A, RR or RE; and

The agricultural land is rated as Prime Farmland by the Soil Conservation Service or as Important Farmland, Important Forest Land or Important Rangeland land by the Virginia Land Evaluation and Site Assessment (LESA) System and is in at least 60 contiguous acres.

The land is part of an Agricultural or Forestal District (Code of Virginia, §§ 15.2-4300 to 15.20-4314) or a Local Agricultural or Forestal District Code of Virginia, §§ 15.2-4400 to 15.20-4407).

(i)

Critical Area Sending Areas. A Critical Area within any zoning district shall qualify as a Sending Area pursuant to this Subsection (b).

Sending Area Restrictions. After development rights have been transferred as provided in this Section, the parcel in the Sending Area:

(i)

Shall not be subdivided;

(ii)

Shall only be used for agricultural uses (excluding concentrated animal feeding operations, concentrated aquatic animal production facilities, or concentrated confined animal feeding operations) or passive open space.

(3)

DEVELOPMENT RIGHTS CREATED. Transferable development rights are hereby created within each sending area.

Critical Areas. Fifty percent (50%) of the development potential may be transferred.

Agricultural Preservation. One hundred percent (100%) of the development potential may be transferred.

(4)

RECEIVING DISTRICTS DESIGNATED. No Transferable Development Rights shall be exercised in conjunction with the development of subdivision of any parcel of land that is not located in a receiving district. The following districts are hereby designed as receiving districts for purposes of transferring transferable development rights:

CBD Central Business	District PD Planned Area Development District
VC Village Center	TND Traditional Neighborhood Development District

Any development shall comply with any adopted neighborhood design standards identified in the comprehensive plan for the receiving area in which the development shall occur, provided such design standard was adopted in the comprehensive plan and applied to the receiving area prior to the transfer of development right.

(5)

SEVERABILITY. Transferable Development Rights shall be used to calculate additional permitted dwelling units on parcels of land located within a Receiving District. Development Rights within a Sending Area designated in Subsection (2), above, shall be computed by multiplying the density within the Sending Area (see Table 407-1, Section 31-407, above) by the gross acreage of the sending area, as follows:

		D = P × A
D	=	Total permitted dwelling units
P	=	Permitted Density (see TABLE 407-1, column (C))
A	=	Gross acreage of Sending Area (see Section 31-407(b)(1)), as modified in Subsection (3), above. This includes only that portion of a site from which Development Rights are transferred.

EXAMPLE: A property owner wishes to transfer development rights on that portion of a 15-acre site consisting of steep slopes (exceeding 30 percent). The areas within the steep slopes comprise ten acres. The site is zoned RLM, which permits a density of 2.9 dwelling units per acre. The property owner may transfer 50 percent of the steep slope areas (see Subsection (3)(A), above). 15 equivalent dwelling units may be transferred (2.9 × (10 × 50%).

(6)

USE OF DEVELOPMENT RIGHTS ON RECEIVER PARCELS.

Conditional Use Permit. No increase in density for a parcel in a receiving district shall be established unless and until a Conditional Use Permit is approved in accordance with Section 31-306 of this Ordinance.

Commercial. If the receiver site is designated for commercial uses, each Development Right may be used to increase the intensity of the commercial use up to 130 percent (130%) of the maximum floor area ratio prescribed in Section 31-407, Table 407-1.

Residential. If the receiver site is designated for residential uses, each development right may be used to increase the density of the residential use up to the maximum density set forth in Subsection (a) of this Section.

(7)

PROCEDURE FOR TRANSFERRING DEVELOPMENT RIGHTS.

Timing. Development rights allotted to a Critical Area may be transferred to any person at any time and shall be deemed, for taxation and all other purposes, to be appurtenant to the land from which the rights are transferred until a development order is issued authorizing use of the Development Rights at a receiver parcel at which time they shall attach to the receiver parcel for all purposes.

Recordation of transfer of Development Rights. No Development Right shall increase the intensity or density of the use of a parcel within a Receiving District until the owner of the transferor parcel has recorded a deed in the chain of title of the transferor parcel expressly restricting the use of the land in perpetuity to open space, agricultural lands (excluding feedlots/concentrated animal feeding operations) or street/road right-of-way. The deed restriction shall be expressly enforceable by the City Council and the Administrator, and a boundary plat for the transferor parcel shall be recorded reflecting the restriction.

Evidence of Restriction Required for Development Approval. A developer of a receiver site must submit, in conjunction with his application for development approval, evidence that the transferor parcel has been restricted to non-development uses and that a boundary plat has been recorded in accordance with the above provisions. Such evidence may include a Conservation Easement or Open Space Easement. No plat for a subdivision in conjunction with which Transferable Development Rights are exercised shall be recorded by the Clerk of the Circuit Court, and no new building, or part thereof, or addition to or enlargement of an existing building, that is part of a development project in conjunction with which Transferable Development Rights are exercised shall be occupied, until documents have been recorded in the office of the Clerk of the Circuit Court transferring title from the owner of the Transferable Development Rights to the City Council and providing for their subsequent extinguishment.

(8)

PRECEDING TRANSFER OF DEVELOPMENT RIGHTS. Prior to any Transfer of Development Rights, the City Council shall adopt an Ordinance providing for:

The issuance and recordation of the instruments necessary to sever development rights from the sending property and to affix development rights to the receiving property. These instruments shall be executed by the affected property owners and lienholders.

The preservation of the character of the sending property and assurance that the prohibitions against the use and development of the sending property shall bind the landowner and every successor in interest to the landowner.

The severance of Transferable Development Rights from the sending property and the delayed transfer of development rights to a receiving property.

The purchase, sale, exchange or other conveyance of transferable development rights prior to the rights being affixed to a receiving property.

A system for monitoring the severance, ownership, assignment and transfer of transferable development rights.

The right of the City Council to purchase development rights and to hold them for resale.

(Ord. No. 14-O-072, 6-18-2014)

                    
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