HomeMy WebLinkAboutI. B. BY-RIGHT VERSUS DISCRETIONARY DEVELOPMENT 10.1.2024By-Right Versus Discretionary Development
Kathy Warren, Director, Planning & Community Development
Kevin Kemp, Zoning Administrator
City Council Briefing, October 1, 2024
Monthly Land Use Report
•Included in Friday Package (generally 3rd Friday of the month)
•Includes information from:
• Permits & Inspections
•Development Services Center (DSC)
•Planning Administration
•Updated to include:
•Designation for discretionary items in DSC Site Plan approval section
•Meeting Log
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Presentation Overview
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•Zoning Ordinance Overview
•Zoning Evaluation of Land Use Applications
•By-Right versus Discretionary Development
•Definitions
•Land Use Tables
•Establishing the type of development
•Development Application Review Process
•Examples of Land Use Applications’ Evaluation
1.Owl’s Creek Oyster Bar
2.Proposed multi-family, Sandbridge- 3713 Sandpiper Road
3.525 Kempsville Apartments
4.Panera Bread - Lynnhaven Mall
Zoning Ordinance Overview - Intent
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Intent of the Zoning Ordinance
“…to promote and protect the health, safety and general welfare of
the people of the city.”
“…by encouraging the most desirable use of the land . . . and by
encouraging the most appropriate use and occupancy of buildings…”
Zoning Ordinance Overview - Provisions
The Zoning Ordinance provides…
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Zoning Ordinance Overview – Basic Elements
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The Basic Elements of the Zoning Ordinance
1.Uses
2.Development Standards
3.Nonconformities
4.Discretionary Applications
5.Procedures
6.Definitions
7.Official Zoning Map
Zoning Evaluation of Land-Use Applications
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Step 1. Zoning Map
•Establishes the official Zoning District
Step 2. Establish Use
•Principal Uses (By-right)
Primary uses and accessory uses
•Conditional Uses (City Council approval required)
Site-specific conditions may be required
Step 3. Development Standards
•Minimum requirements of the Zoning Ordinance
•Exceptions or special criteria (Variance or City Council approval)
By-Right versus Discretionary Development - Definitions1
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1.Principal Uses (By-Right)
•Uses that are allowed automatically and are typical/desired for the zoning district.
•Examples: single-family dwellings in residential districts; retail in business districts.
•Typically, by-right uses only have to meet the minimum standards of the
ordinance.
2.Conditional Uses (Discretionary Applications)
•Uses that may create adverse or unique impacts on surrounding properties.
•Require special consideration and conditions to promote desired outcome.
•City Council can impose appropriate regulations in addition to the ordinance
requirements.
3.Accessory Uses
•Uses that are clearly incidental and customarily found in connection with the
primary use.
By -Right versus Discretionary Development – Land
Use Tables2
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•Establishing the difference between by-right and conditional uses and
structures is the premise in which land use tables are built upon.
•Every permitted use or structure (by-right or conditional) is listed in the
land use tables.
•The Zoning Administrator has the responsibility to interpret uses that are
not clear or do not fit into a specific category.
By -Right versus Discretionary Development –
Permitted Uses
Permitted uses are listed in the Land Use Table for each specific zoning district.
•Uses and structures permitted by-right (principal) are indicated with a “P”
•Uses and structures permitted as conditional are indicated with a “C”
•Uses and structures that are not listed or indicated with an “X” are prohibited
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By -Right versus Discretionary Development –
Types of Uses
Establishing the type of development:
Zoning Map: Establishes zoning district
Use Table: Establishes if use is permitted.
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Development Application Review Process
Discretionary development only
1.Application submitted to Planning Department
2.Staff evaluation and recommendation
3.Planning Commission recommendation (public comment available)
4.City Council decision (public comment available)
Discretionary and by-right development
1.Site plan submitted to Planning (DSC)
2.Building Plans submitted to Planning (Permits and
Inspections), may be concurrent with site plan
3.Zoning review
4.Site plan approval
5.Post approval conditions addressed (sureties, plats,
easements, etc.)
6.Site plan released
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Example #1 - Owls Creek Oyster Bar - Location
•Zoning: B-4
•Noise Zone: >75 dB
•Flood Zone: AE, BFE=8’
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Example #1- Owls Creek Oyster Bar - Proposal
•Proposed Use - Restaurant (5,000 SF)
•Parking spaces = 95
•Use is a principal use (by-right)
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Example #2- Sandbridge Multi-Family - Location
•Zoning: B-4 (Mixed-Use District)
•Proposed Use: Multi-family dwellings
•Use is a principal use (by-right)
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Example #2- Sandbridge Multi-Family - Proposal
Zoning Ordinance regulations:
•Density
•Parking
•Setbacks
•Height
•Lot Coverage
•Landscaping/buffering
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Example #3 - 525 Kempsville Apartments - Location
•Zoning: B-4K (Kempsville Historic District)
•Proposed Use: Multi-family dwellings
•Use requires conditional approval
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Example #3 - 525 Kempsville Apartments - Proposal
Specific Conditions of Approval:
•Elevations
•Site layout
•Finish materials
•Traffic study
•Nature trails
•Signage
•Archaeological survey
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Example #4 - Panera Bread - Location
•Zoning: B-2 (Community Business District)
•Proposed Use: Restaurant with drive-through
window
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Example #4 - Panera Bread - Proposal
Zoning Ordinance regulations:
•Parking
•Setbacks
•Height
•Signage
•Landscaping/buffering
•Drive-through stacking
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Questions?
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