Conditional Use Permit (CUP) Process
1. A petition (application) requesting a Conditional Use Permit must be submitted to the Planning Division by the petitioner, a minimum of thirty (30) days prior to the public hearing date for Planning Commission.
2. The petition shall be accompanied by the following:
- A Public Hearing Application
- A check in the amount of four hundred dollars ($400.00) to cover the cost of administrative expenses for hearings before the Planning Commission and the City Council. Other charges that will be billed to the petitioner will include the cost of the legal notice and the cost of mailing notifications to property owners within two hundred (200) feet of the property.
- A map showing the subject property (preferably a copy of the Valuation Map available from the Map Room, City Hall)
Six (6) copies of a concept plan anda digital copy (YYMMDD_FileName) indicating proposed use of the property. Once deemed complete per the Public Hearing Application checklist, the petition will be placed on the first available Technical Review Committee (TRC) agenda. ***As of 3/23/20 hardcopies are not required
- Two (2) photographs of each required sign providing notification of the proposed conditional use permit. The first photograph shall show the wording on the sign, and the second photograph shall show the sign's location on the property. Both photographs shall be time and date-stamped.
At the time an application is filed with the Division of Planning, a sign shall be posted on the property by the applicant notifying interested persons that a Conditional Use Permit application has been filed. Said sign shall be located within one (1) foot of the right-of-way of a public street or road, upon which said property or proposed use fronts. The sign shall be placed on the property at five hundred (500) feet or less frontage, one sign shall suffice. Where property does not front on an existing right-of-way, said sign shall be placed within the right-of-way of the nearest street or road. The sign shall read as follows:
Name of Applicant or Owner:
Said sign shall be of wood or metal, at least forty-eight (48) inches by seventy-two (72) inches in size, and the lettering thereon shall be black letters on a white background and shall be at least three (3) inches in height. The applicant shall notify the Planning Division in writing that the sign has been erected and where located.
The sign shall contain no additional advertisement or words other than that which is specified herein. Said sign shall remain posted until final action has been taken by the City Council. After final action has been taken by the City Council or the petition has been withdrawn, the sign shall be removed within ten (10) calendar days by the petitioner shall be deemed in violation of this ordinance and subject to the penalties as set forth in Section 35.2-102 (Violations) of the City Zoning Ordinance, adopted February 23, 2016.See Section 35.2-10.14 (d) 3. for code requirements pertaining to posted signs.
3. In addition to the advertising as above required, the Planning Division shall notify the property owner, their agent and all property owners within two hundred (200) feet of the subject property informing them of the public hearing, and the purpose of the request not less than ten (10) days prior to the public hearing before the Planning Commission. Notification shall be by first class mail and the cost of this notification shall be taxed to the applicant, unless waived by the City, at a standard rate of current first-class postage for each written notice.
If the public hearing is continued, notice shall be remailed. Cost of any notice required under this section shall be taxed to the applicant.
4. The petitioner or their representative shall be present at the Planning Commission and City Council meetings at which the proposed Conditional Use Permit is to be considered.
5. Approvals (Section 35.2-11.9)
(b) Final Site Plan Approval Required for Conditional Use Permits. Failure to apply for final site plan and building permit approval or to establish the use within twenty-four (24) months of concept plan approval pursuant to the conditional use permit or as established in the phasing plan approved by the City Council shall result in expiration of the concept plan and conditional use permit approval.
(c) Effect on Successors and Assigns. Unless otherwise established in the conditions, development approvals are transferable so long as the use of land or structures or any portion thereof subject to the development approval continues to comply with all applicable terms and requirements.
(d) Phasing Allowed. If the City Council approves both the concept plan and phasing plan, the developer may submit final site plans to the City Planner for review and approval as described in the approved phasing plan. Any development that is anticipated to require more than twelve (12) months for completion shall show on the concept plan a phasing plan documenting the phasing sequence of the project.
(e) Institutional Uses. Notwithstanding any other provisions of this section, conditional use permits granted or assigned to any hospital, institution of higher learning, charitable organization, 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, the conditional use permit shall be void. After issuance of the first building permit for construction of any structure or improvement authorized by the conditional use permit, the conditional use permit shall remain valid as to future stages of the development approved under the permit, as shown on the approved concept plan and phasing plan if applicable, even though further construction does not commence within the time specified in the phasing plan.
(f) Challenges. Notwithstanding any other provision of this section, a conditional use permit granted by the City Council that is subject to judicial challenge shall not expire while the challenge is pending. [note: existing language suspends all time periods]
6. The Planning Commission strongly encourages the petitioner to contact all property owners within two hundred (200) feet of the subject property to inform them of the purpose of the petition and to attempt to resolve any potential problems prior to the scheduled public hearing before the Planning Commission. The Planning Division will provide the petitioner with the names and addresses of the surrounding property owners as soon as possible after receipt of an application.
7. If further information or assistance is needed, please contact the Planning Division, Department of Community Development, City Hall, Second Floor, 900 Church Street, Lynchburg, VA 24504; Telephone (434) 455-3900.