Virginia Beach has several zoning districts with use regulations listed for each. These regulations help define what kind of development can occur in various parts of the city.

When people refer to the “zoning” of a piece of property, they mean the zoning district classification. In most cases, it is the single most important factor in how a property may be developed. 

Examples include AG-1 Agricultural, R-10 Residential, B-2 Community Business, etc.  

By-right & Discretionary Development 

In some cases, development occurs "by-right," which means the property owner is entitled to use or develop the parcel as spelled out by its assigned zoning district in the City Zoning Ordinance. Site plans, building permits, etc., must still be reviewed and approved by City staff to ensure the project meets applicable requirements.

Discretionary development, on the other hand, requires the specific approval of the City Council or other board or commission. This occurs through a rezoning, variance, conditional use permit (CUP), or other similar types of requests. The consideration process includes recommendations from City staff as well as public hearings. 

Applications heard by the Planning Commission, such as rezonings and CUPs, must also be heard by the City Council, who considers the commission’s recommendation but ultimately decides whether to approve, deny or defer an application.

Conditional Vs. "Straight" Rezoning

Rezoning completely changes a parcel’s development rights from one zoning district to another. Rezoning and other discretionary requests are typically initiated by the property owner, or a developer with the property owner’s consent, and can only be approved by the City Council.

Conditional zoning is a type of rezoning in which the applicant - usually the property owner and the developer together - voluntarily “proffer,” in a written document, the conditions under which the property may be developed. 

Usually, the proffered conditions address the types of allowable uses, the site layout, building design and other details. The process engages the public about the future development of the property.

The term 'use' means whatever a parcel of land is being used for - a residence, a retail store, a farm, etc."

Process for Rezoning & Conditional Rezoning

Pre‐Application Meeting

Meet with a City planner by email, phone, or in‐person to discuss your application prior to submittal. This step is optional but encouraged.

Submit Application

Submit your application online or in person at the Department of Planning & Community Development, 2875 Sabre St., Suite 500. The deadline is the first business day of each month.

Application Review

The application is assigned to a staff planner and reviewed by City departments (Public Works, Public Utilities, Parks & Recreation, etc.). Staff then formulates a recommendation for Planning Commission's consideration.

Public Notice #1

Notification signs are posted on the subject property by the applicant 30 days prior to the Planning Commission public hearing and remain posted through the City Council public hearing. The City mails notification letters to all adjacent property owners and advertises the CUP request twice in The Virginian‐Pilot as well as on the City website.

Planning Commission Public Hearing

The Planning Commission reviews City staff recommendations regarding the CUP application and considers the request during a public hearing. Members of the public also have an opportunity to voice their opinion of the application during the meeting and the Commission votes to send a recommendation of approval or denial to the City Council.

Public Notice #2

Notification signs must remain posted on the subject property until the City Council public hearing. The City mails notification letters to all adjacent property owners and advertises the CUP request twice in The Virginian‐Pilot as well as on the City website.

City Council Public Hearing

The City Council reviews both staff and Planning Commission recommendations during a public hearing, which also provides another opportunity for public Input on the application. Afterwards, the Council may choose to approve, deny or defer the application.

Decision Letter

The results of the City Council's decision are forwarded to the applicant, property owner and representative.