Fill - Free fillable Project Name/Location Application for CONDITIONAL USE PERMIT Application PDF form

CUP Application | Last Revised September 7, 2018 | CITY OF RICHMOND 1

Application for CONDITIONAL USE PERMIT

Department of Planning and Development Review

Land Use Administration Division

900 E. Broad Street, Room 511

Richmond, Virginia 23219

(804) 646-6304

http://www.richmondgov.com/

Application is hereby submitted for: (check one)

conditional use permit, new

conditional use permit, amendment

Project Name/Location

Property Address:________________________________________________Date:

Tax Map #: Fee:

Total area of a ected site in acres:

(See page 8 for fee schedule, please make check payable to the “City of Richmond”)

Zoning

Current Zoning:

Existing Use:

Proposed Use

(Please include a detailed description of the proposed use in the required applicant’s report)

Existing Use:

Is this property subject to any previous land use cases?

Yes No

If Yes, please list the Ordinance Number:

Applicant/Contact Person: _____________________________________________________________

Company:

Mailing Address:

City: ____________________________________________ State: ________ Zip Code:

Telephone: _(_______)_____________________________ Fax: _(_______)______________________

Email:

Property Owner:

If Business Entity, name and title of authorized signee:

(The person or persons executing or attesting the execution of this Application on behalf of the Company certiﬁ es that he or

she has or have been duly authorized and empowered to so execute or attest.)

Mailing Address: ______________________________________________________________________

City: ___________________________________________ State: ________ Zip Code: _____________

Telephone: _(_______)_____________________________ Fax: _(_______)______________________

Email:

Property Owner Signature:

The names, addresses, telephone numbers and signatures of all owners of the property are required. Please attach additional

sheets as needed. If a legal representative signs for a property owner, please attach an executed power of attorney. Faxed or

photocopied signatures will not be accepted.

2 CITY OF RICHMOND | CUP Application | Last Revised September 7, 2018

Conditional use permits are intended as a means for the City Council, after review and recommendation by the

Planning Commission, to authorize certain uses which, although generally appropriate in the district in which

they are permitted, have potentially greater impacts on neighboring properties than uses which are permitted as

a matter of right. Such uses may or may not be appropriate at a particular location in the district depending on

surrounding land uses, other site-speciﬁ c factors, and determination in each case of potential local impacts from

the use and the measures proposed by the applicant to mitigate any adverse impacts. The conditional use permit

procedure provides the opportunity for the city council to review each proposed conditional use and to approve

or disapprove the use or impose such conditions as reasonably necessary to ensure the use will be compatible

with the surrounding area.

Conditional use permits can only be applied for those uses enumerated in the zoning ordinance as being eligible

to be authorized by a conditional use permit. These listed uses vary according to the zoning district in which a

property is located. The listing of a use as being permitted in a particular zoning district by conditional use permit

does not constitute assurance or presumption that a conditional use permit for such use will be approved.

Approval of a conditional use permit for a particular use at a speciﬁ c location within a district is subject to

evaluation by the City Council and a determination in each case based on the standards and conditions set forth

in the City’s Zoning Ordinance.

Applicants must schedule a pre-application conference with the Division of Land Use Administration sta to

review the standards for approval of conditional use permits, the speciﬁ c conditions applicable to particular uses,

the City’s Master Plan, and other issues that may be involved prior to making application. Please call

(804) 646-6304 to schedule an appointment with the sta . Sta will review submitted applications to ensure

all required materials and information are provided. If the application is not acceptable, the required information

must be provided prior to formal sta review.

Applicants should also discuss the proposed conditional use permit with area civic associations, property owners,

residents, and the area Council Representative prior to submitting an application. Letters from the associations

and property owners stating their position in regards to the request should be submitted with the application.

The Division of Land Use Administration circulates the application materials to appropriate City agencies as

determined necessary. City agencies reviewing the proposal may include: Public Works, Building Permits &

Inspections, Public Utilities, Water Resources, Zoning Administration, and Fire and Emergency Services. The

Division of Land Use Administration will coordinate responses by City agencies. Written comments will be

provided generally within 30 days of the application submittal date.

After review by these agencies and by the Division of Land Use Administration, the sta will confer with the

applicant regarding suggested conditions to be included in the ordinance and any suggested changes to the

application. If the property is located in a City Old and Historic District and the request involves exterior

alterations, additions or new construction, the plans should also be reviewed by the Commission of Architectural

Review prior to an ordinance being introduced in City Council. Once the application is in ﬁ nal form, an ordinance

is drafted and the plans are attached to and are made a part of the ordinance. The sta will forward a copy of the

ordinance to the applicant for review and approval.

The ordinance is then reviewed by the City Attorney’s o ce and the City Administration. Once their review is

complete, the ordinance is introduced to City Council and a public hearing is scheduled, usually thirty days after

introduction. During this thirty-day period, public notice of the hearing is posted on the site and in a daily

newspaper. Notices are also mailed to the owners of all properties within 150 feet of the subject property. One

week prior to the City Council public hearing, the Planning Commission, after receiving a report from the

Department of Planning and Development Review, considers the proposed special use permit and forwards a

recommendation to City Council. The Planning Commission welcomes information submitted prior to the

meeting and may ask questions of proponents and opponents during the course of its deliberation on the

ordinance.

A conditional use permit shall be approved by the City Council only if it ﬁ nds, after consideration of the recom-

mendation of the Planning Commission, that the proposed use and related plans are appropriate at the location

proposed based upon its consideration of the following standards and the speciﬁ c conditions, where applicable,

for the particular use in the district in which it is proposed to be located. No conditional use permit shall be

Review & Approval process for

CONDITIONAL USE PERMIT

CUP Application | Last Revised September 7, 2018 | CITY OF RICHMOND 3

Review & Approval process for:

CONDITIONAL USE PERMIT

approved by the city council unless it ﬁ nds the proposed use and development:

Will not be contrary to the general purposes of this chapter as stated in section 114-100;

Will not be in conﬂ ict with the objectives and policies of the master plan for the city;

Will conform with all applicable sections of this article and other applicable requirements of the district in

which it is proposed to be located;

Will not substantially diminish or impair the established property values in the neighborhood in which it is

proposed to be located;

Will not have an undue adverse e ect on the public health, safety or general welfare;

Will not adversely a ect the character of the surrounding area or the continued use and development of

surrounding property in a manner consistent with applicable zoning regulations or master plan objectives;

Will not cause undue tra c congestion on public streets or signiﬁ cantly increase tra c volumes on minor

residential streets;

Will be adequately served by essential public services and facilities and will not cause an undue burden

on such services and facilities;

Will not cause the destruction, loss or damage of signiﬁ cant natural, scenic or historic features to any

greater degree than development of the property for uses permitted by right in the district;

Will ensure compatibility with surrounding property through existing and proposed landscaping,

screening and bu ering and the location, arrangement and character of existing and proposed buildings,

structures, open spaces, parking areas, vehicular circulation, driveways, signage and lighting; and

Will not cause or result in any signiﬁ cant increase in negative cumulative impact when considered in

conjunction with other conditional uses in the neighborhood in which it is proposed to be located.

In general, the approval process for conditional use permits takes between 120 to 180 days. However, depending

on the complexity of the proposed conditional use permit, more or less time may be required. Incomplete

submissions or major modiﬁ cations to the plan during the review process may cause delays in the schedule.

10.

11.

Legislative Land Use Application Process

Pre-Application

Applicant

Meetings

Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7

Applicantion

Received

Application &

Letters Routing

Comment Letter

Meeting with

Applicant

Applicantion

Resubmission

Routing

Additional

Information

Step 11 Step 10 Step 9 Step 8

City Council

Planning

Commision

Ordinance

Introduction

Ordinance and

O&R

Post-Approval

Applicant

Optional meetings

with appicant to

discuss project

programming,

design, and due

diligence.

With 2 working

days the application

is routed to other

reviewing agencies.

Letter notifying

civic associations

within 1,000 feet

and letter to the

applicant with civic

association contact

information are

sent.

When required, ﬁ nal

plans submitted

for review to meet

terms of approval.

Work commences.

Typically, the CPC

recommendation

is forwarded to the

next council

meeting one week

later. City Council

takes action.

Approximately 3

weeks later, the

application is heard

by City Planning

Commission. The

CPC makes a

recommendation to

City Council.

If not additional

information is

required, sta

prepares and

submits the

ordinance and O&R

request to the CAO.

Approximately 45

days later, the

ordinance is

introduced at City

Council. Civic

associations are

notiﬁ ed of City

Planning

Commission hearing

date.

With 30 days of

receipt, a comment

letter is sent to the

applicant requesting

additional

information or

clariﬁ cation.

If necessary, a

meeting with the

applicant occurs

to discuss requests

made in the

comment letter.

The application

resubmission is

routed for review by

agencies within 2

working days.

The applicant is

notiﬁ ed within 15

days if additional

information is

required. If more

information is

required, the

process returns to

Step 5. If the

application is

complete, the

process continues

to Step 8.

The application with

additional

information is

resubmitted within

60 days of the

comment letter.

The applicant can

request additional

time if necessary,

otherwise the

application is

withdrawn and a

refund of the fees is

given.

CUP Application | Last Revised September 7, 2018 | CITY OF RICHMOND 5

FILING

Conditional use permit applications are ﬁ led with the:

Department of Planning and Development Review

Land Use Administration Division, Room 511

City Hall, 900 East Broad Street, Richmond, Virginia 23219

Telephone (804) 646-6304

APPLICATION REQUIREMENTS

The application for a conditional use permit must include the following, each part of which is explained

below. Application must be submitted in an electronic format (PDF).

1. Application form,

2. Application fee;

3. Applicant’s report;

4. Management program or operations plan, if applicable

5. Electronic PDF plans; and

6. Survey plat.

Application Form: All the owners of the property must sign the application form. If a legal

representative signs for a property owner, a copy of an executed power of attorney is required.

Application Fee: The appropriate fee must accompany the application. Checks should be

made payable to the “City of Richmond”. The fees are determined from the following fee

schedule.

*$100 for each acre or fraction there of over the ﬁ rst acre (fee is not prorated by acreage)

Applicant’s Report: A written report must be submitted describing the proposed conditional

use and explaining the manner in which it complies with the requirements and standards of

the zoning ordinance. The zoning ordinance has set forth speciﬁ c conditions for each

particular use permitted under a conditional use permit (§30-1045.6). The report should

address how the requested use meets the speciﬁ c conditions for that use. The report should

also address how the proposed use and development will meet the standards for approval

found on page 3. Please note that the above materials will be forwarded to the City Planning

Commission and City Council along with the conditional use permit ordinance.

Management Program or Operations Plan, if applicable: A management program is required

with an application for conditional use permit for adult care residences, group homes,

lodginghouses, shelters, and social service delivery uses. An operations plan is required for

nondwelling uses occupying the ground ﬂ oor of existing buildings in the R-8 zoning district.

If a management program is required it shall include the items listed below. If a particular

element listed below is not applicable to a speciﬁ c type of use because of the characteristics

of that use, the management program shall include a statement of why the element is not

applicable:

Filing Procedures For:

CONDITIONAL USE PERMIT

Application Type

Initial Application $1,500.00 + $100 per acre*

Amendment $1,000 + 100 per acre*

Fee Required

6 CITY OF RICHMOND | CUP Application | Last Revised September 7, 2018

FILING

Detailed description of the managing entity, including the organizational structure,

names of the board of directors, mission statement, and any bylaws;

Detailed descriptions of programs o ered on the premises, including operating

procedures and characteristics, the intent of the programs and a description of how the

programs support a long term strategy for meeting the residents’ or clients’ needs;

Detailed description of o -site programs o ered, and/or description of linkages to

programs operated by others;

Detailed description of the number and type of residents or clients to be served,

including an outline of program objectives, eligibility criteria, and requirements for

referrals to other programs;

Operational details for on-site programs including: hours of operation, number and type

of sta , sta qualiﬁ cations, and typical hours worked by sta ; method of resident or

client supervision; operating procedures including procedures for orienting a new

resident or client to the facility’s programs; expectations for residents or clients;

prerequisites for continued client enrollment such as a requirement that the resident

or client participate in programs; rules of behavior for residents or clients; the location

and nature of any security features and arrangements; and names and telephone

numbers of persons to contact in emergencies and any emergency procedures; and

Annual operating budget, including sources of funding,

If an operations plan is required it shall include the items listed below. If a particular element

listed below is not applicable to a speciﬁ c type of use because of the characteristics of that

use, the management program shall include a statement of why the element is not applicable:

Operational characteristics and features of the use;

Sta ng levels;

Hours of operation;

Type of ABC license and related restrictions;

Floor plan showing the general arrangement of the use and seating capacity of tables

and other facilities for patrons;

Description of intended use of the upper ﬂ oor(s) of the building, including ﬂ oor plans

and plans for ingress and egress;

Provisions for containing trash and refuse generated by the use, including screening of

containers, and means of preventing trash from blowing onto adjacent propertied or

streets;

Provisions for o -street parking;

Provision for security, including procedures, features, arrangements and sta ng levels

for both the interior and exterior of the premises; and

A plan and procedures for mitigating potential impacts on nearby dwelling uses.

Plans: An electronic PDF of Plans are required to provide su cient detail to permit the sta to

make a determination of the compatibility of the proposed project with surrounding

development.

Plans must be properly scaled and include a scale bar. Depending on the request, plans may

include the following:

Site Plan

Elevation Plans

Floor Plans

Filing Procedures for:

CONDITIONAL USE PERMIT

CUP Application | Last Revised September 7, 2018 | CITY OF RICHMOND 7

FILING

Landscape Plans

Signage Plan & Details

Lighting Plan & Details

Electronic plans may be submitted on a disk or via email at:

DCDLanduseadmin@richmondgov.com.

For items required on the submitted plans, please see the attached “Checklist of Plan

Requirements”.

Survey Plat: A PDF of a survey plat showing the property and including metes and bounds is

required. The plat should show existing physical features of the property, including:

North arrow, scale, property address, the distance to nearest public street, preparer of

plat, date, revision dates, area of site;

Existing structures, buildings, paved areas, fences, streets, alleys, easements, and limits

of the 100 year ﬂ ood plain, Chesapeake Bay Preservation Area limits, wetlands, and

streams.

Filing Procedures for:

CONDITIONAL USE PERMIT

8 CITY OF RICHMOND | CUP Application | Last Revised September 7, 2018

COMMUNITY UNIT PLAN

Preliminary $3,000 + $100/acre

Extension of Preliminary Approval $1,500

Final $1,500 + $100/acre

Amendment $1,500 + $100/acre

CONDITIONAL USE PERMIT

Initial $1,500 + $100/acre

Amendment $1,000 + $100/acre

PLAN OF DEVELOPMENT

Floor area & Land disturbed ≤5,000 square feet $500 + $100/acre

Floor area & Land disturbed ≥5,001 & ≤50,000 square feet $1,000 + $100/acre

Floor area & Land disturbed ≥50,001 square feet $1,500 + $100/acre

REZONING/CONDITIONAL REZONING $1,500 + $100/acre

Each continuance caused by the applicant $250

SPECIAL USE PERMIT

Use Initial Amendment

Day Nursery $300 $200

Single- or two-family detached or attached dwelling $300 $200

Outdoor dining $300 $200

Mobile food business $300 $200

Sign $300 $200

Multi-family dwelling (3 to ten units) $1,800 $1,200

Commercial or industrial equal to or less than 5,000 sq ft $1,800 $1,200

Multi-family dwelling (more than 10 units) $2,400 $1,800

Commercial or industrial more than 5,000 sq ft $2,400 $1,800

Each continuance caused by the applicant $250

SUBDIVISION

Preliminary Plat $500 + $15/lot

Extension of Preliminary Plat Approval $150

Final Plat $500 + $15/lot

Subdivision Conﬁ rmation Letter $100

Continuance* $50

Plat of Correction $100

A full refund of the application fee is permitted if the application is withdrawn prior to the second

submittal of plans. Once a second submittal of plans is made, fees are not refundable.

For Community Unit Plans (CUP), the ﬁ rst 10 acres are included in the base price.

For Conditional Use Permits, Plans of Development, and Rezonings, the ﬁ rst acre is included in the base price.

For all applications with an additional price per acre, fractions of an acre are rounded up to the nearest whole number. Do not prorate the

fee per fraction of acre.

• Example: A Conditional Use Permit (CUP) for a 0.76 acre property would owe $1,500 (base fee only). A CUP for a 2.3 acre

property would owe $1,700 ($1,500 base fee + 2*100 (for the 1.3 acres over the ﬁ rst acre))

* No charge for the 1st continuance requested by the applicant or for any continuance requested by the Planning Commission. The

second or subsequent continuance request by the applicant costs $50.

Fees went into e ect upon adoption of Ordinance No. 2018-209 by City Council on September 10, 2018.

(As of 9_7_2018) (FEE SHEDULE)

Department of Planning and Development Review

Land Use Administration Division

900 E. Broad Street, Room 511

Richmond, Virginia 23219

(804) 646-6304

http://www.richmondgov.com/

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