Lynchburg’s planning commissioners decided Wednesday to focus on creating a new zoning designation for colleges and other institutions in an effort to streamline regulation of those entities.
The option of putting together a new zoning designation was chosen over other ideas such as crafting a separate system of institutional overlay districts.
An overlay district creates an additional layer of regulations that “lay over” a property’s original zoning. In contrast, a straightforward zoning designation imposes only one set of rules on affected properties.
“It’s just a lot simpler,” said planning commissioner Ted Hannon. “And it still gives the landowner the right to opt in or say, no, we’re happy with what we’ve got. It lets them decide.”
Under the proposal sketched out Wednesday, qualifying entities would have to seek a rezoning to get the new institutional status. That will allow those who dislike the new terms to stick with the status quo in which they participate in the conditional-use permit system.
Some institutions — chief among them Liberty University — have chafed at the requirements of the permit process, which involves public hearings and final approval from City Council. The planning commission was asked to review the matter last spring in response to those concerns.
A new zoning designation would allow institutions to shake off the conditional-use permit system and develop by-right within the confines of the approved zoning ordinance.
A potential downside is it can be difficult to craft a one-size-fits-all ordinance when dealing with disparate institutions. An overlay district, by comparison, can be customized to fit individual applicants.
Chairwoman Laura Hamilton said there are ways to create a more nuanced ordinance, such as devising different categories of regulations based on an institution’s size and overall impact on the greater community.
“We want to be flexible while still protecting other citizens,” she said, adding she expects the issue of size and impact will be a pivotal part of future discussions.
“I think we’re on the right track,” she said of Wednesday’s decision. “It seems right to look at it this way.”
The planning commissioners directed city staff to compile information on other Virginia communities with institutional zoning designations, highlighting details that could be applicable to Lynchburg.
They plan to review that report during their next meeting Aug. 11. A third stakeholder’s roundtable will also be convened that month to solicit feedback.
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