Louisa City Zoning Code
ARTICLE XI
Miscellaneous Provisions
§ 165-67 Proffers.
A.
Purpose of this section. It is the general policy of the Town, in accordance with the laws of the Commonwealth of Virginia, to provide for the orderly development of land, for all purposes, through zoning and other land development regulation. Frequently where competing and incompatible uses conflict, traditional zoning methods and procedures are inadequate. In these cases, more flexible and adaptable zoning methods are needed to permit land uses and at the same time to recognize effects of change. It is the purpose of this section to provide a more flexible and adaptable zoning method to cope with situations found in such zoning through conditional zoning, whereby a zoning reclassification may be allowed subject to certain conditions voluntarily proffered by the zoning applicant for the protection of the community that is not applicable to land similarly zoned.
B.
Proffer of conditions. The owner or owners of property making an application for a change in zoning or amendment to a zoning map, as part of their application, may voluntarily proffer in writing reasonable conditions which shall be in addition to the regulations provided for in the zoning district or zone sought in the rezoning application. The conditions shall be proffered as a part of the requested rezoning or amendment to the Town's Zoning Map prior to a public hearing before the Town Council. Proffers shall be signed by the owner of the property and be approved as to form by the Town Attorney. Proffers should be submitted before the Planning Commission considers the application so that the proffer can be reviewed as part of the Planning Commission recommendation. However, original proffers, additional proffers or amended proffers may be offered at any time prior to the public hearing before the Town Council. Town Council may, but is not required to, refer any application back to the Planning Commission for additional review and recommendations.
C.
Approval of conditions. The Town Council may approve conditions proffered pursuant to this section provided that the following criteria are met:
(1)
The rezoning itself must give rise to the need for the conditions;
(2)
Such conditions shall have a reasonable relation to the rezoning;
(3)
Such conditions shall not include a cash contribution to the Town;
(4)
Such conditions shall not include mandatory dedication of real or personal property for open spaces, parks, schools, fire departments or other public facilities not otherwise provided for in Subsection A5 of § 15.2-2241 et seq. of the Code of Virginia, as amended;
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(5)
Such conditions shall not include payment for off-site or construction of off-site improvements except those provided for in Subsection A4 of § 15.2-2241 et seq. of the Code of Virginia, as amended;
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(6)
No conditions shall be proffered that are not related to the physical development of the property to be rezoned;
(7)
All such conditions shall be in conformity with the Comprehensive Plan.
D.
Conditions to be indicated on map; conditional zoning index. The Zoning Map shall show, by appropriate symbol on the map, the existence of conditions attaching to the zoning on the map. The Zoning Administrator shall keep in his office and make available for public inspection a conditional zoning index. The index shall provide ready access to the proffer creating the conditions in addition to the regulations provided for in a particular district.
E.
Administration and enforcement of conditions. The Zoning Administrator shall be vested with all necessary authority, on behalf of the Town Council, to administer and enforce conditions attached to a rezoning, including:
F.
Petition for review of decision. Any zoning applicant who is aggrieved by a decision of the Zoning Administrator in the administration of this section may petition the Town Council for review of the decision pursuant to § 15.2-2301 of the Code of Virginia, as amended.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
§ 165-68 Special use permits.
[Added 5-16-1995]
A.
Objectives; exception from requirements.
(1)
Certain kinds of uses need to be reasonably controlled by specific requirements that provide latitude for the owner but at the same time maintain adequate provision for the security of the health, safety, convenience, comfort, prosperity, or general welfare of the community's inhabitants. In order to accomplish such a dual objective, provision is made herein for a more detailed consideration of each specially permitted use (also sometimes referred to as a “conditionally permitted use” in other jurisdictions) as it relates to location, design, size, method of operation, and intensity of land use which in turn affect the volume of traffic generated and traffic movements, the concentration of population and the kinds of public facilities and services it requires. Land and structure uses possessing these particularly unique characteristics are designated as specially permitted uses and may be permitted through the issuance of a special use permit which may impose conditions and safeguards attached as necessary for the protection of the public welfare.
(2)
Any use, building or activity legally in existence on the effective date of the ordinance from which this chapter derives for which a building permit was issued prior to such effective date shall not require a special use permit, so long as such existing use, building or activity is not expanded or enlarged.
B.
C.
Contents of application.
(1)
Prior to approval of a special use permit, the Planning Commission shall have reviewed and within 30 days recommended to the Town Council, for its action, the following material supplied by the applicant for a special use permit. The material shall include copies of the plot plan drawn to scale in the quantity required by the various Town offices, commissions or Council for review but shall be no less than 13 copies containing the following basic data:
(a)
Total land area;
(b)
Print size, generally not to exceed 24 inches by 36 inches;
(c)
Names and addresses of owners of record and of the applicant;
(d)
Present zoning of the site;
(e)
Courses and distances of property lines and site area;
(f)
North point with reference to source of meridian;
(g)
Highway setback lines;
(h)
Easements, covenants and reservations;
(i)
Rights-of-way.
(2)
The plot plan or plat shall show proposed construction in the following detail, 13 copies minimum:
(a)
Sidewalks, streets and alleys;
(b)
Easements and utilities;
(c)
Applications for signs above 35 feet shall furnish engineering data as to safety;
(d)
Public sewer system;
(e)
Driveway entrances and exits;
(f)
Parking areas;
(g)
Water mains and fire hydrants;
(h)
Distances between buildings;
(i)
Proposed grading and surface drainage;
(j)
Distances between buildings and lot lines;
(k)
Square feet of floor area;
(l)
Square footage of billboards;
(m)
Sign interference with other uses;
(n)
Any data that the Planning Commission deems is needed.
D.
Statement of performance standards. For those uses which may be classified as having a detrimental effect on the surrounding area, applications shall include statements indicating certain performance standards to control detrimental effects upon surrounding land use. The performance standards shall, as a minimum, indicate the following:
E.
Issuance of special use permit.
(1)
Special use permits may be authorized upon finding by the Town Council that the use will not be detrimental to the character and development of the adjacent land and will be in harmony with the purpose and intent of this chapter. The Town Council may place conditions upon the granting of a special use permit.
(2)
No special use permit may be granted except after notice and hearing as provided in § 15.2-2204 of the Code of Virginia.
(3)
If the Town Council finds the use for which a special use is sought is in accord with the following standards and other appropriate zoning standards and practices, the Town Council may issue the special use permit, provided that all other provisions of law shall have been complied with:
(a)
The use shall not tend to change the character and established pattern of development of the area of the community in which it wishes to locate.
(b)
The use shall be in harmony with the uses permitted by right under a zoning permit in the zoning districts and shall not affect adversely the use of neighboring properties.
(c)
The location and height of buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.
(d)
The use shall not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use.
(e)
The use shall not be detrimental to the public welfare or injurious to property or improvements in the neighborhood.
(f)
The use shall be in accord with the purpose of this chapter and the Comprehensive Plan for the Town.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(g)
The use, if a wet industrial use, can be adequately and economically served by central water and sewer; in addition, that such use in fact will be served by central water and sewer and that the use will not be contrary to both Town and regional water and sewer goals.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(4)
In granting any use permit, the Town Council shall designate such conditions in connection therewith as will, in its opinion, ensure that the use will conform to the requirements set out in this section and that it will continue to do so. Such conditions may include, but are not limited to, the following:
(a)
Abatement or restriction of noise, smoke, dust, or other elements that may affect surrounding properties;
(b)
Establishment of setbacks and side, front and rear yard requirements necessary for orderly expansion and to prevent traffic congestion;
(c)
Provision for adequate parking and ingress and egress to public streets and roads;
(d)
Provision of buffer or shield from view of the proposed use for adjoining property if deemed necessary.
F.
Acceptance of approved special use permit. Once approved by the Town Council, the applicant shall have 60 days in which to accept the approved special use permit. Failure to accept the special use permit in writing within the 60 days shall render it null and void and of no effect. The 60 days shall commence from the date the Town Council approves the minutes of the meeting at which the special use permit was approved. Reapplication shall not be permitted until after the passage of one year's time (12 months).
G.
Denial of special use permit and reapplication. In the event that the Town Council shall deny the requested special use permit, reapplication shall not be permitted until after the passage of one year's time (12 months) from the date of adoption of the motion denying the special use permit request.
H.
Simultaneous application for amendment and special use permit. If an application for a special use permit is contingent upon the granting by the Town Council of a pending rezoning or amendment to zoning district regulations, such denial shall be considered a denial of the special use permit application and no further proceedings concerning the special use permit application shall be necessary or required.
I.
Additional developmental standards for adult business. In addition to all other requirements, any adult business shall conform to the following requirements:
[Added 1-15-2008]
(1)
The business shall be located at least 1,000 feet away from any residential zoning district, and at least 1,000 feet from the property line of any land used for any of the following:
(a)
A residence.
(b)
A nursing home, assisted-living facility, or similar institution.
(c)
An adult day-care center.
(d)
A child day-care center.
(e)
A public or private school, college or university.
(f)
A public park.
(g)
A public library, museum or cultural center.
(h)
A church or other place of worship.
(i)
A hotel, motel or boardinghouse.
(j)
Any other adult business.
(2)
Adult merchandise shall not be visible from any point outside the establishment.
(3)
Signs or attention-getting devices for the business shall not contain any words or graphics depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in § 165-5.
(4)
The business shall not begin service to the public or any outside activity before 6:00 a.m. Hours of operation for any adult movie theater, adult nightclub or other business providing adult entertainment shall not extend after 2:00 a.m. Hours of operation for any adult bookstore, adult video store, adult model studio, adult store or any other adult business except an adult motel shall not extend after 12:00 midnight.
(5)
In any adult business other than an adult motel or adult movie theater, there shall be no viewing of videotapes, computer disks, CD-ROMs, DVD-ROMs, virtual-reality devices, Internet sites or files transmitted over the Internet, or similar media characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in § 165-5, while on the premises.
(6)
Adult merchandise shall be located in a separate room or other area inaccessible to persons under 18 years of age.
(7)
All owners, managers, employees and entertainers shall be at least 18 years of age.
(8)
The owner or operator shall provide adequate lighting for all entrances, exits and parking areas serving the adult business, and all areas of the establishment where the adult business is conducted, except for the private rooms of an adult motel or the movie viewing areas in an adult movie theater. "Adequate lighting" means sufficient lighting for clear visual and security camera surveillance.
§ 165-69 Reduction in minimum yard requirements based on error in building location.
[Added 8-21-2001]
Notwithstanding any other provision of this chapter, the Zoning Administrator shall have the authority, as qualified below, to approve a reduction in the minimum yard requirements (setback requirements) in the case of any building existing or partially constructed which does not comply with such requirements applicable at the time such building was erected. Such a reduction may be approved by the Zoning Administrator, in writing, in accordance with the following provisions:
A.
The Zoning Administrator determines that:
(1)
The error does not exceed 10% of the measurement that is involved; and
(2)
The noncompliance was done in good faith, or through no fault of the property owner, or was a result of an error in the location of the building subsequent to the issuance of a building permit, if such was required; and
(3)
Such reduction will not impair the purpose and intent of this chapter; and
(4)
It will not be detrimental to the use and enjoyment of other property in the immediate vicinity; and
(5)
It will not create an unsafe condition with respect to both other property and public streets; and
(6)
To force compliance with the minimum yard requirements (setback requirements) would cause unreasonable hardship upon the owner; and
(7)
The reduction will not result in an increase in density or floor area ratio from that permitted by the applicable zoning district regulations.
B.
In approving such a reduction under the provisions of this section, the Zoning Administrator shall allow only a reduction necessary to provide reasonable relief and, as deemed advisable, may prescribe such conditions, to include landscaping and screening measures to assure compliance with the intent of this chapter.
C.
Upon the approval of a reduction for a particular building in accordance with the provisions of this section, the same shall be deemed to be a lawful building.
D.
Upon the approval of a reduction for a particular building in accordance with the provisions of this section, the Zoning Administrator shall provide notification to all adjacent landowners of said action.
§ 165-69.1 Administrative modification.
[Added 5-22-2018]
A.
Pursuant to Code of Virginia, § 15.2-2286, Subsection A(4), the Zoning Administrator may grant a modification from provisions contained in this chapter with respect to physical requirements on a lot or parcel of land, including, but not limited to, size, height, location or features of or related to any building, structure or improvements upon finding, in writing, all of the following:
(1)
The strict application of the chapter would produce undue hardship;
(2)
Such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and
(3)
The authorization of the modification will not be of substantial detriment to adjacent property and the character of the zoning district will not be changed by the granting of the modification.
B.
Prior to the granting of a modification, the Zoning Administrator shall give all adjoining property owners written notice of the request for modification, and an opportunity to respond to the request within 21 days of the date of the notice. Notice shall be sent by first class mail and an affidavit of such mailing shall be kept in the file.
C.
The Zoning Administrator shall make a decision on the application for modification and issue a written decision with a copy provided to the applicant and any adjoining landowner who responded, in writing, to the notice sent pursuant to this subsection.