Within zoning districts, certain uses are of a nature requiring special review to determine whether they should be permitted in specified locations because of their impact on surrounding areas. Special conditions and safeguards may be applied if permission is granted in such locations.

(Ord. No. 5028-97, § 1)

The city council may authorize, by issuance of a conditional use permit, the use of land in a district in accordance with article IV, section 45-402, summary of uses by district, and may specify special conditions and safeguards governing the use authorized.

A conditional use permit shall be issued only if all of the following conditions have been met:

(1)

That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity;

(2)

That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property;

(3)

That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided;

(4)

That the design, location and arrangement of all driveways and parking spaces provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments;

(5)

That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration;

(6)

That directional lighting is provided so as not to disturb or adversely affect neighboring properties;

(7)

That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property;

(8)

That the proposed use is in accordance with the comprehensive plan.

The city council will not consider applications for uses which would be permitted as special exceptions in article XXXII.

(Ord. No. 5028-97, § 1)

Applications for a conditional use permit shall meet the following requirements:

(1)

An application for a conditional use permit shall be filed with the director of planning.

(2)

Such applications shall be made in the name of, and signed by, the owner of the property or a person having power of attorney from the owner.

(3)

Such applications shall completely disclose the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the names of stockholders, officers and directors and in any case the names and addresses of all of the real parties of interest. However, the requirement of listing names of stockholders, officers and directors shall not apply to a corporation whose stock is traded on a national or local stock exchange and having more than five hundred (500) shareholders. In the case of a condominium, the requirement shall apply only to the title owner, contract purchaser, or lessee if they own ten (10) percent or more of the units in the condominium.

(4)

The application shall be accompanied by:

a.

A written description of the nature and extent of the specific use for which a conditional use permit is being requested and a written explanation of how the conditions of section 45-2702 have been satisfied in order to warrant approval of the requested permit.

b.

A legal description of the property for which the conditional use is requested.

c.

One (1) electronic copy, one (1) eleven (11) by seventeen (17) inches paper copy and one (1) full-sized twenty-four (24) by thirty-six (36) inches scalable paper copy of a site plan including a drawing(s) of the proposed conditional use. Such drawing(s) shall be to scale in a manner to show clearly the following information:

1.

The actual dimensions and shape of the property;

2.

The exact size and location on the property of existing and proposed structures;

3.

The existing and proposed uses of all structures and open areas;

4.

The name of the owner, as well as the name of any other person preparing the plan, together with the north point, scale and number of sheets of the plan;

5.

Such additional supporting information as may be deemed necessary by the director of planning to perform the evaluations required herein, including but not limited to: topography, ingress and egress, traffic impact, vegetation, surrounding land uses, proposed connections to existing or proposed water, sewer and drainage facilities, and landscaping.

(5)

Applications shall not be processed unless the applicant provides satisfactory evidence that any delinquent real estate taxes, nuisance charges, stormwater management utility fees, and any other charges owed to the city that constitute a lien on the subject property have been paid.

(Ord. No. 5028-97, § 1; Ord. No. 5865-02; Ord. No. 7315-16; Ord. No. 7765-22, § 1)

No action shall be taken on any application for a conditional use permit until the applicant shall have paid a filing fee to the City of Newport News in the amount of eight hundred dollars ($800.00), which shall not be refundable.

(Ord. No. 5028-97, § 1; Ord. No. 6416-07, § 1; Ord. No. 7765-22, § 1)

(a)

Staff review. Prior to actions by the planning commission, review of said application shall be made to determine the possible impact of the proposal on the surrounding community and the administrative and enforcement aspects of the permit. The director of planning shall develop such report in coordination with appropriate city departments. When the parcel under consideration drains into any of the city's reservoirs, a recommendation from the director of waterworks shall be solicited and included as part of the planning director's report.

(b)

Action by city planning commission. Following public notice as required by the law of the Commonwealth of Virginia, the planning commission shall hold a public hearing on each application for a use permit. Following such hearing, the commission shall prepare a report indicating its recommendation as to whether the use permit should be granted and as to conditions and safeguards, if any, which should be required in the particular case, based upon findings as to conformity with the general standards set forth in section 45-2702 above. Such recommendations shall be transmitted to the city council.

(c)

Review by Hilton Village Architectural Review Board. Whenever an application for a conditional use permit is made for any property within the Hilton Village Historic District, as defined in article XXXI, the planning and development or zoning departments shall refer such applications to the Hilton Village Architectural Review Board for review and recommendation prior to making a recommendation to the city council on such application. The architectural review board shall make its report to the planning commission within thirty (30) days after the date the application was referred to the board.

(d)

Action by city council. After receiving the recommendation of the planning commission, and following public notice as provided by law of the Commonwealth of Virginia, the city council shall hold a public hearing on each application for a conditional use permit. Following such hearing, the city council shall grant or deny the application for the conditional use permit with conditions and safeguards as recommended by the planning commission or with such appropriate modification of such conditions and safeguards.

(Ord. No. 5028-97, § 1; Ord. No. 7204-15; Ord. No. 7765-22, § 1)

When preliminary or final development plans or site plans are required, they shall contain in writing on the plan any conditions approved by the city council and be submitted to the department of engineering for final review and action.

(Ord. No. 5028-97, § 1)

The occupant of a parcel of land may, in addition to any uses permitted by right for the zoning district as specified in Article IV, section 45-402, engage in the use for which he has obtained a conditional use permit, as long as the conditions attached thereto are complied with. All other regulations of the zoning district in which the use is located shall apply and remain in force unless modified by the conditional use permit.

(Ord. No. 5028-97, § 1; Ord. No. 5233-98)

Conditional use permits granted by the city council shall be deemed to have been abandoned and are hereby revoked twenty-four (24) months from the date the permit was approved in the event the construction or occupancy necessary to the use for which the permit was granted has not been commenced, unless extended by the city council. The commencement of construction shall be considered as the completing of any necessary foundation work. In addition, conditional use permits granted by city council shall be deemed to have been abandoned and are hereby revoked after twenty-four (24) months of continuous nonuse of the property for the use for which the permit was granted, or after the expiration of a time limit attached as a condition of the use, unless extended by the city council. For good cause shown, the city council may grant an extension of the conditional use permit for a period not to exceed twenty-four (24) months. The city council may grant an additional extension; provided, however, that any request for such additional extension shall first be referred to the planning commission for its review and recommendations. A request for such an extension shall be made in writing, by the property owner or his duly authorized agent, and filed with the director of planning at least forty-five (45) days prior to the expiration date of the permit or extension. If a conditional use permit is abandoned and revoked, then all regulations and uses of the zoning district in which the use was located shall apply.

(Ord. No. 5028-97, § 1; Ord. No. 6415-07; Ord. No. 7765-22, § 1)

(a)

Deferral of an application. An applicant may request the planning commission to defer action on an application for a conditional use permit. The applicant shall pay a non-refundable reprocessing fee of four hundred dollars ($400.00) before the request for deferral is considered by the planning commission.

(b)

Withdrawal of an application. An application for a conditional use permit may be withdrawn by the applicant prior to a public hearing; provided such request is filed by 5:00 p.m. on the Thursday prior to the public hearing; however; any resubmittal shall be deemed a new application.

(c)

Denial of application. If the conditional use permit is denied by city council, substantially the same application shall not be reconsidered within one (1) year of denial.

(Ord. No. 5028-97, § 1; Ord. No. 7765-22, § 1)

Violation of a conditional use permit or any conditions and safeguards attached thereto shall be deemed a violation of the Zoning Ordinance and subject to the penalties and remedies set forth in Article XXXV. The city council may revoke a conditional use permit for violation of any terms or conditions thereof; provided, that ten (10) days written notice is given to the applicant or his successor and a public hearing is held following public notice as provided in Section 15.2-2204, of the Code of Virginia, 1950, as amended.

If a conditional use permit is terminated by the city council, then the regulations and uses of the zoning district shall apply to the property in which the use was located.

(Ord. No. 5028-97, § 1; Ord. No. 5268-99; Ord. No. 5667-01, § 1)

Every action contesting a decision of the city council failing to grant a proposed conditional use permit shall be filed within thirty (30) days of such decision with the circuit court having jurisdiction of the land affected by the decision. However, nothing in this subsection shall be construed to create any new right to contest the action of the city council.

(Ord. No. 5028-97, § 1)