Occoquan City Zoning Code

SPECIAL USE

PERMITS

§ 157.240 GENERALLY.

Special use permits, as specified in this chapter, may be authorized by the Town Council in the district indicated, upon a finding that the use will not be detrimental to the character and development of the adjacent land and will be in harmony with the purposes of the town’s plan of land use.

(1998 Code, § 66-301) (Ord. passed 9-5-2017)

§ 157.241 FEE SCHEDULE.

A fee, as established by separate ordinance, shall be paid for a special use permit, to defray costs incurred for a public hearing, which is to be held in accordance with the provisions of this chapter. Special use permits shall be subject to time limitations and such other conditions as the Town Council deems necessary to carry out the intent of this chapter.

(1998 Code, § 66-302) (Ord. passed 9-5-2017)

Statutory reference:

Advertisement of plans, ordinances, and the like, joint public hearings, written notice of certain amendments, see VA Code § 15.2-2204

§ 157.242 REVIEW AND APPROVAL PROCESS.

(A) Before the formal submission of an application seeking approval of a special use permit, the applicant (who must be the property owner or contract purchaser) shall hold a conference with the Zoning Administrator concerning the proposal and shall provide, at or before that conference, a concept plan that specifies the following:

(1) The general location and amount of land proposed for development;

(2) The number of dwelling units, gross floor area, and acreage for each use or land area;

(3) The general location and number of parking spaces;

(4) Bearings and distances for all property lines and existing and/or proposed division lines;

(5) Scale;

(6) North arrow; and

(7) Names of boundary roads or streets and widths of existing rights-of-way.

(B) Within 15 days after the conference, the Zoning Administrator or designee shall provide the applicant with a summary of the meeting.

(C) Within one year of the required pre-application meeting, the applicant must submit a special use permit application, accompanied by the required fee. The application must contain all of the following materials in order to be complete.

(1) A fully-complete application form obtained from the town; the application may be signed by the owner, the contract purchaser (with special power of attorney from the owner or that person’s agent. However, if the application is signed by an agent, then a copy of written authority, or power of attorney form, from the owner (or contract purchaser) must accompany the application.

(2) A generalized development plan (GDP) with the following elements on or submitted in conjunction with, prepared by an appropriately licensed professional:

(a) All existing improvements, proposed changes, and new improvements anticipated if the request is approved;

(b) A landscape plan indicating the general location and type of significant or specimen trees located within the limits of the planned development area;

(d) All plans shall be of sufficient detail to show the location of all existing utilities affected by the request;

(e) Each submission shall include one eight-and-one-half-inch by 11-inch reduction of the plan;

(f) Any model must be accompanied by eight-inch by ten-inch clear photographs showing a top view, an isometric view, and each side view of the model;

(g) Two copies of a narrative statement shall be provided outlining operational conditions and special provisions proposed by the applicant to minimize the impact of the use on surrounding properties;

(h) A general vicinity map providing information concerning existing street and cross street locations within one-half mile or greater shall be provided. Vicinity map may be on the plan itself or as an addendum;

(i) Topography of the site (using town maps if alternative sources of topography are not available);

(j) A traffic impact analysis (TIA), if deemed necessary by the Zoning Administrator at the pre-application meeting;

(k) Wetlands on-site and the source of delineation;

(l) Resource protection areas on-site and their source of delineation;

(m) Locations of floodplains; and

(n) Location of the Old and Historic Occoquan District adjoining or encompassing the site.

(3) If the requested use would not result in the exterior alteration of a structure or parking area, a current building location plan may be submitted for site information only, in lieu of the generalized development plans.

(4) The applicant shall submit building elevation drawings of all buildings and structures to be altered, relocated, or constructed, showing any proposed exterior alterations.

(D) The Zoning Administrator shall report to the Planning Commission regarding the application before the opening of the public hearing and provide a recommendation, citing appropriate principles of zoning practice and applicable provisions of the Comprehensive Plan; however, failure of the Zoning Administrator to perform this duty shall not affect the authority of the Planning Commission or Town Council to take action or the validity of that action. The Planning Commission shall hold a public hearing after due advertisement according to law, and may close or continue the public hearing from time to time. The applicant may revise the application at any time before the closing of the public hearing. After the public hearing is closed, the Planning Commission may take any of the following actions:

(1) Require additional information from the applicant and schedule a further hearing for other action after receipt of the additional information;

(2) Recommend that the Town Council approve the application as requested by the applicant;

(3) Recommend that the Town Council approve the application with changes to the scope, duration, or conditions; or

(4) Recommend that the Town Council deny the application.

(E) (1) After the Planning Commission makes a recommendation regarding the application, the Town Council shall hold a public hearing after due advertisement according to law, and may close or continue the public hearing from time to time. The applicant may revise the application at any time before the closing of the public hearing, in which case the Town Council may refer the application back to the Planning Commission for review and a new recommendation. After the public hearing is closed, the Town Council may take any of the following actions:

(a) Require additional information from the applicant and schedule a further hearing for other action after receipt of the additional information;

(b) Approve the application as requested by the applicant;

(d) Deny the application.

(2) Only an affirmative majority vote in favor of an action can result in a decision by the Town Council to take action on the application.

(F) If the Town Council approves the application, the Zoning Administrator shall issue the special use permit, noting any changes or conditions made by the Town Council.

(1998 Code, § 66-303) (Ord. passed 9-5-2017)

§ 157.243 REFILING FOLLOWING DENIAL.

If an application for a special use permit is denied, the Zoning Administrator shall not accept any new application that includes any of the uses sought in the previously denied application and that is filed within one year of the denial on all or any part of the same parcel of land.

(1998 Code, § 66-304) (Ord. passed 9-5-2017)

§ 157.244 WITHDRAWAL OF AN APPLICATION.

An applicant may withdraw an application for a special use permit at any time; however, if the withdrawal is made after publication of the notice for the public hearing, the Zoning Administrator shall not accept an application that includes any of the uses sought in the withdrawn application and that is filed within six months of the withdrawal date on all or any part of the same property. There shall be no refund of special use permit application fees in the case of withdrawal, regardless of the time of withdrawal.

(1998 Code, § 66-305) (Ord. passed 9-5-2017)

§ 157.245 DEFERRAL OF APPLICATION BY APPLICANT.

(A) Deferral of consideration of any application for a special use permit may be requested in writing by the applicant at any time.

(B) If a request for deferral is made after publication of the notice of public hearing, it may be granted only by the Town Council. In that case, the applicant shall bear the additional costs to re-advertise the public hearing.

(C) A request for deferral by the applicant cannot extend more than six months or the application shall be deemed withdrawn.

(1998 Code, § 66-306) (Ord. passed 9-5-2017)

§ 157.246 DURATION AND EXPIRATION OF PERMIT.

(A) If a special use permit application is approved by the Town Council, the applicant has one calendar year from the date of the approval to initiate and diligently pursue construction authorized under the permit, or (if no construction was authorized or all construction is complete) to begin the use permitted under the permit. If no such action is taken, then at the end of that year the permit shall lapse and be of no further force or effect. If the permitted use lapses for a period of one year or more on the property, then the permit shall terminate without further action by the town. The Zoning Administrator will notify the Town Council of that fact.

(B) Unless otherwise specified by the Town Council in the permit, the duration of any special use permit shall be five years, renewable at the Town Council’s sole discretion upon application by the then-owner or contract purchaser. However, the expiration or nonrenewal of a special use permit shall not require the removal of any building or structure constructed under a valid special use permit, unless specifically stated in the special use permit itself. Rather, any such building or structure will be treated as a nonconforming building or structure under this chapter. After the expiration or termination of the special use permit, any use of the parcel, including any use of such building or structure, must conform to the then-existing zoning restrictions.

(1998 Code, § 66-307) (Ord. passed 9-5-2017)

§ 157.247 REVOCATION OF SPECIAL USE PERMITS.

(A) The Town Council may revoke a special use permit at any time upon notice to the holder of the permit that the conditions of such permit have not been met or that failure to comply with any town regulation poses a nuisance to the surrounding properties.

(B) Such revocation shall not occur until such time as the holder of such permit and/or the owner of the property have been notified in writing by the Zoning Administrator advising him or her of the violations of the permits and giving him or her a reasonable time to comply, not to exceed 30 days.

(C) A certified letter shall be mailed to the address of record advising the permit holder and/or property owner of the date and time of a public hearing to be held before the Town Council on the consideration of revocation of the permit.

(D) After the Town Council holds a public hearing on the matter, the Council may, based on evidence provided and the nature of the violations, revoke the special use permit.

(1998 Code, § 66-308) (Ord. passed 9-5-2017)