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Leesburg staff seek commission input on new 'use category' approach and limited-use standards in zoning rewrite
Summary
Staff told the Planning Commission the zoning-ordinance rewrite will rely on defined use categories and limited-use standards to increase predictability, and staff sought feedback on whether the proposed "minor special exception" option and buffer-yard standards are appropriate.
Town staff briefed the Planning Commission on Sept. 4 about the zoning ordinance rewrite's "deep dive" items, focusing on the new use-category approach (Division 9) and the proposed limited-use standards (Division 11). Staff said the rewrite aims to modernize the code, increase predictability and streamline approvals by allowing uses that meet defined characteristics to be treated as by-right where allowed in the use table.
"We are at our deep dive list phase of our zoning ordinance rewrite review," James David (Department of Community Development) told the commission. He explained the new approach: define use categories (for example, "group living" or "medical facility"), identify the characteristics of each category, list example primary uses, and then allow "other uses meeting the characteristics" to be evaluated against those standards rather than requiring a text amendment every time the marketplace produces a new use.
Limited-use standards and minor special exceptions
- Limited uses: Staff described limited uses as by-right provided the proposed activity complies with a specified set of standards in Division 11; the draft includes many such standards to increase predictability of outcomes. - Minor special exception: The draft includes an option for an applicant that cannot meet all limited-use standards to petition the town council via a "minor special exception." Staff said this preserves an administrative pathway and a public, case-by-case review rather than forcing an applicant into a full legislative rezoning. - Commission concerns: Commissioners discussed whether the minor special exception should be limited to businesses (commercial/nonresidential uses) and whether residential limited uses should remain strictly administrative. There were also repeated questions about buffer-yard standards (commonly asked for reductions during applications) and whether those should be refined to avoid frequent council-level exceptions.
Examples and operation
Staff walked through an example (commuter parking lot) showing specific limited-use standards (location consistency with plan, direct access, maximum 500 spaces). Staff and commissioners noted that if an applicant cannot meet these standards the zoning administrator could deny a by-right finding, but the applicant could seek a minor special exception to council under the draft.
Staff direction and follow-up
- Staff will evaluate buffer-yard standards and consider adjustments so that commonly granted modifications are understood and reduced as needed. - Commissioners asked staff to draft objective criteria for any administrative modifications the zoning administrator might be allowed to grant to reduce perceptions of arbitrariness and litigation risk. - Staff noted a reference correction: the minor special-exception cross-reference in the draft should point to the correct legislative-process section (28-7) rather than the older (27-6) reference; staff will update the draft for clarity.
Ending
No formal vote was taken. Staff will incorporate the commission's feedback (buffer-yard review, administrative-criteria drafting, clarity of cross-references) and return with revised text on the deep-dive list.
