§ 31-306. CONDITIONAL USE PERMITS.
The purpose of this Section is to provide for certain uses which, because of their unique characteristics or potential impacts on adjacent land uses, are not generally permitted in certain zoning districts as a matter of right, but which may, under the right set of circumstances and conditions be acceptable in certain specific locations. These uses are permitted only through the issuance of a conditional use permit by the City Council after ensuring that the use can be appropriately accommodated on the specific property, will be in conformance with the Comprehensive Plan, can be constructed and operated in a manner which is compatible with the surrounding land uses and overall character of the community, and that the public interest and general welfare of the citizens of the City will be protected. No inherent right exists to receive a conditional use permit; such permits are a special privilege granted by the City Council under a specific set of circumstances and conditions, and each application and situation is unique. Consequently, mere compliance with the generally applicable requirements may not be sufficient and additional measures, occasionally substantial, may be necessary to mitigate the impact of the proposed development. In other situations, no set of conditions would be sufficient to approve an application, even though the same request in another location would be approved.
(a)
APPLICABILITY.
(1)
Conditional uses are those uses which are generally compatible with the land uses permitted by right in a zoning district, but which require individual review of their location, design and configuration and the imposition of conditions in order to ensure the appropriateness of the use at a particular location within a given zoning district.
(2)
Only those uses that are enumerated as conditional uses in a zoning district, as set forth in Section 31-406 of this Ordinance, shall be authorized by the City Council. A conditional use permit shall not be required for a use allowed as a permitted use in a given zoning district.
(b)
PROCEDURE.
(1)
INITIATION. An owner of real property within the City, or that owner's authorized representative, or a contract purchaser with the owner's written permission, may, upon proof of ownership or agency, apply for a conditional use permit for that landowner's property by filing an application with the Director. The application shall include the material set forth in Appendix B, Section B-5 of this Ordinance. An application shall not be deemed to have been filed until it is complete including all signatures, attachments, and the requisite filing fee.
(2)
COMPLETENESS.
A.
A preapplication conference may be scheduled by the applicant with the Director to discuss the proposal. The preliminary site plan application shall contain the information required by Appendix B to this Ordinance.
B.
The Director shall review the application for conditional use permit for completeness. If the application is complete, the Director shall schedule the application for a public hearing with the Planning Commission. If the application is not complete, the Director shall return the application to the applicant with a statement of the reasons for the deficiency.
(3)
PUBLIC HEARING AND DECISION.
A.
When the Director has certified that the application is complete, it shall be deemed received by the City Council and referred to the Planning Commission for its review and recommendation. The Planning Commission, after public notice in accordance with VC Section 15.2-2204 and Section 31-301(e), shall hold at least one (1) public hearing on such application and shall forward a recommendation to City Council.
B.
The Planning Commission shall, within 100 days after the first meeting of the Planning Commission after such referral, report to the City Council its recommendation as to the approval or disapproval of such application and any recommendation for establishment of conditions, in addition to those set forth in this Article, deemed necessary to protect the public interest and welfare. Failure of the Planning Commission to report within 100 days shall be deemed a recommendation of approval.
C.
Upon receipt of the recommendation of the Planning Commission, the City Council, after public notice in accordance with Code of Virginia, § 15.2-2204 and Section 31-301(e), shall hold at least one public hearing on such application, and as a result thereof shall either approve or deny the request.
D.
In approving any conditional use permit, the City Council may by resolution:
(i)
Impose such reasonable standards, conditions or requirements, in addition to any specified in this chapter, as it may deem necessary to protect the public interest and welfare. Such additional standards may include, but need not be limited to, special setbacks, yard requirements, increased screening or landscaping requirements, area requirements, development phasing, and standards pertaining to traffic, circulation, noise, lighting, hours of operation and similar characteristics;
(ii)
Require that a performance guarantee, acceptable in form, content and amount to the City, be posted by the applicant to ensure continued compliance with all conditions and requirements as may be specified.
(c)
APPROVAL CRITERIA. As may be specified within each zoning district, uses permitted subject to conditional use review criteria shall be permitted only after review by the Planning Commission and approval by the City Council only if the applicant demonstrates that:
(1)
The proposed conditional use shall be in compliance with all regulations of the applicable zoning district, the provisions of Article 6 of this Ordinance, and any applicable supplemental use standards as set forth in Article 7 of this Ordinance.
(2)
The proposed conditional use shall conform to the character of the neighborhood within the same zoning district in which it is located. The proposal as submitted or modified shall have no more adverse effects on health, safety or comfort of persons living or working in or driving through the neighborhood, or shall be no more injurious to property or improvements in the neighborhood, than would any other use generally permitted in the same district. In making such a determination, consideration shall be given to the location, type and height of buildings or structures, the type and extent of landscaping and screening on the site and whether the proposed use is consistent with any theme, action, policy or map of the Comprehensive Plan which encourages mixed uses and/or densities.
(3)
Adequate measures shall be taken to provide ingress and egress so designed as to minimize traffic hazards and to minimize traffic congestion on the public roads.
(4)
The proposed use shall not be noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas.
(5)
The proposed use shall not be injurious to the use and enjoyment of the property in the immediate vicinity for the purposes already permitted nor substantially diminish or impair the property values within the neighborhood.
(6)
The establishment of the proposed use shall not impede the orderly development and improvement of surrounding property for uses permitted within the zoning district.
(7)
The establishment, maintenance, or operation of the proposed use shall not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.
(8)
The public interest and welfare supporting the proposed conditional use shall be sufficient to outweigh the individual interests which are adversely affected by the establishment of the proposed use.
(d)
RECORDATION OF CONDITIONAL USE PERMIT. A certified copy of all ordinances authorizing a conditional use permit pursuant to this Section shall be recorded at the expense of the applicant in the name of the property owner as grantor in the office of the Clerk of the Circuit Court.
(e)
SUBSEQUENT APPLICATIONS. No application for a conditional use permit covering the same request on any lot, parcel or portion thereof shall be considered by the City Council within one year of the final action of the City Council upon a prior application covering the same request on any of the same described land. This provision, however, shall not impair the right of the City Council to reconsider any conditional use permit by motion. After a decision is made to reconsider a conditional use permit, the City Council shall conduct a public hearing and may choose to act on the conditional use permit without referring the matter to the Planning Commission for its recommendation.
(f)
SCOPE OF APPROVAL.
(1)
Unless otherwise specified by the conditions of the permit, failure to establish the conditional use authorized by the permit within two (2) years from the date of approval by the City Council shall cause the permit to terminate and to become void upon notice to the applicant.
(2)
Unless otherwise specified in the permit, the initial term of each conditional use permit shall be for two (2) years from the date of approval. Upon compliance with those conditions and restrictions imposed by the City Council and all relevant City ordinances, the conditional use permit shall, without application, be renewed automatically for additional successive one (1) year terms.
(3)
The provisions of this Section are cumulative with the power of injunction and other remedies afforded by law to the City and, further, shall not be so interpreted as to vest in any applicant any rights inconsistent or in conflict with the power of the City to rezone the subject property or to exercise any other power provided by law.
(4)
Once a conditional use permit is granted, such use may be enlarged, extended, increased in intensity or relocated only in accordance with the provisions of this Section unless the City Council, in approving the initial permit, has specifically established alternative procedures for consideration of future expansion or enlargement. The provisions of Article 8 relative to expansion of nonconforming uses shall not be construed to supersede this requirement unless the specially permitted use for which the permit was initially granted is in fact, no longer a use permitted as of right or as a conditional use in the zoning district in which located.
(5)
Where any conditional use is discontinued for any reason for a continuous period of two years or more, the conditional use permit shall terminate and become null and void upon notice to the applicant. A use shall be deemed to have been "discontinued" when the use shall have ceased for any reason, regardless of the intent of the owner or occupier of the property to reinstitute the use at some later date. The approval of a new conditional use permit shall be required prior to any subsequent reinstatement of the use.
(g)
AMENDMENT OF CONDITIONAL USE PERMITS. An amendment is a request for any enlargement, expansion, increase in intensity, relocation, or modification of any condition of a previously approved and currently valid conditional use. Amendments shall be processed as follows:
(1)
NON-MATERIAL AND INSIGNIFICANT (MINOR) MODIFICATIONS. Shifts in on-site location and changes in size, or intensity, of less than five percent, or a five-percent or less increase or decrease in either lot coverage or floor area over what was originally approved, may be authorized by the Director, provided that such minor changes comply with the following criteria:
A.
No previous minor modification has been granted pursuant to this Section;
B.
There will be no detrimental impact on any adjacent property caused by significant change in the appearance or the use of the property or any other contributing factor;
C.
Nothing in the currently valid conditional use permit precludes or otherwise limits such expansion or enlargement;
D.
The proposal conforms to the provisions of this Article and is in keeping with the spirit and intent of the adopted Comprehensive Plan.
(2)
MAJOR AMENDMENTS. Any proposed amendment other than those provided for in paragraph (1) above shall be considered a major amendment of a previously approved and currently valid conditional use and shall be approved in the same manner and under the same procedures as are applicable to the issuance of the original permit.
(3)
NON-CONFORMING USES. For an existing and currently valid conditional use permit which is no longer allowed as a conditional use in the zoning district in which located, the City Council, upon receipt of an application, may review and approve an amendment to said permit, provided such amendment does not allow the use to be enlarged, expanded, increased in intensity, relocated, or continued beyond any limitation specified in the existing use permit or established in Article 8, Nonconforming Uses and Vested Rights.
(Ord. No. 14-O-137, 12-17-2014)
(Ord. No. 14-O-137, 12-17-2014)