Sec. 35.1-15. Conditional use permits issued by city council.
(a) Intent. Many uses of the land have special characteristics which cannot be comprehended within the general regulations of the zoning ordinance or which render them appropriate in certain zoning districts only if special requirements are met. The intent of this conditional use procedure is to provide for the development of these uses under restrictions appropriate for them.
(b) Uses subject to conditional use permits. The uses which shall be subject to the regulations governing conditional use are listed for each zoning district. With the exception of those conditional use permits granted by the board of zoning appeals pursuant to Section 35.1-12, no other permits shall be granted.
(c) Procedure for conditional use permits. When the division of inspections shall determine that a conditional use permit will be required pursuant to this section for a use applied for, the division shall notify the applicant that such a procedure is required and the division of planning shall require the documentation listed in this section.
A petition (application) requesting a conditional use permit pursuant to this section must be submitted to the division of planning by the petitioner a minimum of thirty (30) days prior to the public hearing date for the planning commission. The petition shall include the following documentation prior to scheduling the public hearing:
(1) Name and address of the petitioner.
(2) Name and address of the fee simple property owner of record.
(3) General description of the property for which the conditional use permit is requested (location).
(4) Existing zoning classification of the property.
(5) General description of the vicinity zoning pattern.
(6) Vicinity land uses.
(7) Purpose of the requested conditional use permit, including the intentions of the petitioner for the use of the property.
The petition shall be accompanied by the following:
(1) A check payable to the City of Lynchburg set forth in the fee schedule adopted by city council.
(2) A map showing the subject property (preferably a copy of the valuation map available from the department of public works, city hall).
(3) Two (2) photographs of each required sign posted on the property (see Section 35.1-19).
(4) An appropriate number of copies of a preliminary site plan indicating the proposed use of the property. The city will duplicate all the above required copies for site plans submitted on paper with a maximum size of eleven (11) inches by seventeen (17) inches.
On receipt of these documents, the division shall forward a copy to the planning commission together with comments and recommendations of appropriate review bodies. The planning commission shall, after a public hearing under the regulations of Section 35.1-19 of the zoning ordinance, review the application and forward recommendations to the city council. The city council shall, after a public hearing as provided for under the regulations of Section 35.1-19 of the zoning ordinance, approve or deny the application in accordance with the regulations of Article X of the zoning ordinance.
(d) Occupancy permit. No occupancy permit shall be issued for any building or lot for which a conditional use permit has been granted unless the building and/or lot improvements shall be in accordance with the said permit, and thereafter no use shall be made of the building or lot which is not in accordance with permits issued for it.
(e) Documentation required. An application for a conditional use permit shall be accompanied by the documentation required under Section 35.1-14(d) for site plan review, plus any additional information determined by the planning commission to be necessary to determine its eligibility under the zoning ordinance.
(f) Conditions of approval. In approving a petition for a conditional use permit city council may impose any conditions which it deems necessary or appropriate.
(g) Requirement of bond or guarantee. In authorizing a conditional use permit, the city may require a bond or guarantee, payable to the City of Lynchburg, in such amount and for such period of time as the city may designate, to ensure that the conditions imposed are being and will continue to be complied with.
(h) Revocation. If the petitioner should fail to comply with the development standards or conditions of an approved conditional use permit, or if the authorized use is determined to create a nuisance in the community, city council may revoke the conditional use permit after conducting a public hearing on the matter.
(i) Time limitations on the validity of a conditional use permit.
(1) If a building permit for construction authorized by a conditional use permit granted under these regulations shall not have been applied for within six (6) months of the granting of such conditional use permit, the conditional use permit so granted shall become void, unless the following appeal procedures are applied for and secured. Prior to the aforestated six (6) month expiration, a six (6) month extension may be applied for through the city manager's office.
(2) Two (2) such six month extensions may be obtained. A third and final twelve (12) month extension may be requested from city council prior to the expiration of the second six (6) month administrative extension.
(3) If the developer desires to stage construction of the development over a period of time, the master development plan must include a staging plan with a map note explaining the purpose of the staging plan and the time sequence involved in construction of the development. If the city council approves both the master development plan and staging plan, the developer may submit site plans to the technical review committee for review and approval for only those stages to be constructed as outlined in the staging plan. Any development which is anticipated to require more than thirty-six (36) months for completion shall show on the master development plan a staging plan with a map note explaining the staging sequence of the project.
(4) Notwithstanding any other provisions hereof, conditional use permits granted or assigned to any hospital, institution of higher learning or other eleemosynary institution, or any public agency or authority shall be valid for a period of thirty-six (36) months. If a building permit for construction authorized by a conditional use permit granted to such a user has not been applied for within thirty-six (36) months of the grant of such permit, it shall be void except that upon application filed prior to the expiration of the initial period of validity, a six (6) month extension may be granted by the city manager or his designee. A second and final twelve (12) month extension may be requested from city council if application therefor is filed prior to the expiration of the six (6) month administrative extension. After issuance of the first building permit for construction of any structure or improvement authorized by the conditional use permit, such permit shall remain valid as to future stages of the development approved under the permit, as shown on the master plan, even though further construction does not commence within the time specified in the master plan.
(5) Notwithstanding any other provision of this section, the time periods set forth shall be tolled for any period of time which a conditional use permit granted by the city council is subject to judicial challenge, including all appeals. (Ord. No. O-78-352, 12-12-78; Ord. No. O-79-303, 1, 10-9-79; Ord. No. O-86-198, 1, 8-12-86; Ord. No. O-90-125, 5-8-90; Ord. No. O-92-142, 5-12-92; Ord. No. O-96-229, 8-13-96; Ord. No. O-97-063, 4-22-97; Ord. No. O-98-124, 6-9-98)
Last updated date: 10/23/2006 4:15:21 PM