§ 30-1045.6. Specific conditions applicable to particular uses.

The conditions set forth in this section shall be applicable to all the following uses as indicated when authorized by conditional use permit, provided that the city council may impose such additional or more stringent conditions as deemed necessary to ensure the use will comply with the standards set forth in this article and elsewhere in this chapter:

(1)

Adult care residences, group homes, lodginghouses, shelters. The following conditions shall be applicable to adult care residences, group homes, lodginghouses and shelters:

a.

Not more than 30 persons, including staff, shall reside on the premises;

b.

When located in any district other than a business district, no property devoted to such use shall be situated within 1,320 feet of property occupied by another adult care residence, group home, lodginghouse, shelter or any social service delivery use;

c.

When located in any business district, no property devoted to such use shall be situated within 500 feet of property occupied by another adult care residence, group home, lodginghouse, shelter or any social service delivery use;

d.

No group home or shelter shall be located within the same building as another dwelling use; and

e.

A management program, addressing not less than the following elements, shall be submitted as part of the conditional use permit application. The planning commission may recommend and the city council may include as conditions such elements of the management program as it deems necessary to satisfy the standards set forth in section 30-1045.5. If a particular element listed is not applicable to a specific type of use because of the characteristics of that use, the management program shall include a statement of why the element is not applicable:

1.

Detailed description of the managing entity, including the organizational structure, names of the board of directors, mission statement, and any bylaws.

2.

Detailed description of programs offered on the premises, including operating procedures and characteristics, the intent of the programs and a description of how the programs support a longterm strategy for meeting the residents' or clients' needs.

3.

Detailed description of offsite programs offered, and/or description of linkages to programs operated by others.

4.

Detailed description of the number and type of residents or clients to be served, including an outline of program objectives, eligibility criteria, and requirements for referrals to other programs.

5.

Operational details for on-site programs, including:

i.

Hours of operation;

ii.

Number and type of staff, staff qualifications, and typical hours worked by staff;

iii.

Method of resident or client supervision;

iv.

Operating procedures including procedures for orienting a new resident or client to the facility's programs;

v.

Expectations for residents or clients;

vi.

Prerequisites for continued client enrollment such as a requirement that the resident or client participate in programs;

vii.

Rules of behavior for residents or clients;

viii.

The location and nature of any security features and arrangements; and

ix.

Names and telephone numbers of persons to contact in emergencies and any emergency procedures.

6.

Annual operating budget, including sources of funding.

(2)

Social service delivery uses. The following conditions shall be applicable to social service delivery uses:

a.

No property devoted to such use shall be situated within 500 feet of property occupied by another social service delivery use or any adult care residence, group home, lodginghouse or shelter; and

b.

A management program shall be submitted as set forth in subsection (1)e of this section.

(3)

Nondwelling uses occupying the ground floor of existing buildings in the R-8 district. The following conditions shall be applicable to nondwelling uses occupying the ground floor of existing buildings in the R-8 district:

a.

Before approving a conditional use permit for any such use, the city council shall make a finding that the location of the property, the type of use and the scale and operational characteristics of the use are such that, if approved, the use can reasonably be expected to primarily serve the adjacent neighborhood and be sustainable as a neighborhood convenience use, and will avoid traffic, parking congestion, noise and other impacts that more typically result from uses that draw patrons from outside a neighborhood.

b.

For any nondwelling use operating with an ABC license, such use shall not be operated between the hours of 10:00 p.m. and 6:00 a.m.

c.

Alterations to the exterior of the building, including façade treatment, fenestration, signage and lighting shall be designed to maximize compatibility with the residential character of the surrounding area. Elevation drawings of the building shall be submitted as part of the conditional use permit application.

d.

No music or public address system shall be operated in such a manner that sound produced therefrom is audible beyond the portion of the building devoted to the use.

e.

An operations plan, addressing not less than the following elements and providing such information as necessary to enable the city council to make the finding described in subdivision (a) of this subsection, shall be submitted as part of the conditional use permit application:

1.

Operational characteristics and features of the use, including: staffing levels; hours of operation; type of ABC license and related restrictions, if applicable; floor plan showing general arrangement of the use and seating capacity of tables and other facilities for patrons, if applicable; description of intended use of the upper floor or floors of the building, including floor plans and plans for ingress and egress; provisions for containing trash and refuse generated by the use, including screening of containers, and means of preventing trash from blowing onto adjacent properties or streets; and provisions for off-street parking, if applicable.

2.

Provisions for security, including procedures, features, arrangements and staffing levels for such for both the interior and exterior of the premises, and a plan and procedures for mitigating potential adverse impacts on nearby dwelling uses.

3.

The city planning commission may recommend and the city council may include as conditions such elements of the operations plan as it deems necessary to satisfy the standards set forth in this section or in section 30-1045.5 of this chapter.

(4)

Required off-street parking for multifamily dwellings in the B-7 district. Before approving a conditional use permit for reduction of required off-street parking for a multifamily dwelling located in an existing building in the B-7 district, the city council shall make a finding that:

a.

The normally applicable off-street parking requirement for such use cannot reasonably be satisfied without demolition of an existing building; and

b.

The reduction in required off-street parking will not adversely impact the use of nearby streets for traffic circulation or access to other properties or create an unreasonable demand for on-street parking that would adversely impact existing uses in the immediate area.

(5)

Retail sales of liquor. The following conditions shall be applicable to retail sales of liquor:

a.

Except as provided in subdivision (b) of this subsection (5), such use shall be located within a retail establishment having a total floor area greater than 5,000 square feet, and in which not greater than 50 percent of the total floor area is devoted to the sale and storage of alcoholic beverages as defined by the Code of Virginia;

b.

In the case of a retail establishment existing on the effective date of this subsection and having on such date a total floor area of 5,000 square feet or less and greater than 50 percent of the total floor area devoted to the sale and storage of alcoholic beverages as defined by the Code of Virginia, the city council may waive the conditions of subdivision (a) of this subsection (5) when the city council is satisfied that the other applicable provisions of this subsection are met, and provided that in no case shall the existing total floor area of the establishment and the existing percentage of floor devoted to the sale and storage of alcoholic beverages be increased;

c.

Such use shall not take place at any time between the hours of 10:00 p.m. and 10:00 a.m.;

d.

Drive-up facilities shall not be permitted in conjunction with such use, and retail sales of liquor shall take place only within the interior of the building;

e.

The exterior features, including façade treatment, fenestration, signage and lighting, of the building in which such use is located shall be designed to maximize compatibility with the predominant character of surrounding commercial and residential areas, and elevation drawings of the building showing such features shall be submitted as part of the conditional use permit application, except that such drawings shall not be required in a case where no changes are to be made to the exterior of an existing building; and

f.

The conditional use permit shall be approved by the city council only if the applicant satisfies the council that the size and location of the use are reasonably related to the trade area that such use is intended to serve, and will not result in a disproportionate concentration of such uses within any particular area or neighborhood of the city or have a detrimental impact on the surrounding area due to close proximity to residential areas or public, religious or child care facilities.

(6)

Nightclubs. A management program shall be submitted as part of the conditional use permit application. The planning commission may recommend and the city council may include as conditions such elements of the management program as it deems necessary to satisfy the standards set forth in section 30-1045.5. If a particular element listed is not applicable to a specific nightclub because of the characteristics of the nightclub, the management program shall include a statement of why the element is not applicable. The minimum required elements of the management program are as follows:

a.

Operational characteristics and features of the nightclub, including the following:

1.

Staffing levels;

2.

Hours of operation, and days of the week on which the establishment will be operated as a nightclub;

3.

Type of Virginia Alcoholic Beverage Control license and related restrictions;

4.

Floor plan showing the general arrangement and seating capacity of tables and bar facilities, dance floor and standing room areas and capacity, which floor plan shall be posted on the premises in a prominent location viewable by the patrons;

5.

Total occupant load; and

6.

General type, frequency and hours of entertainment to be provided;

b.

Provisions for off-street parking; and

c.

Provisions for security and crowd management, including the following:

1.

Provisions for a level of security and crowd management sufficient to comply with the requirements of chapter 6, article V of this code, whether or not the nightclub is required to obtain a public dance hall permit;

2.

Procedures, features, arrangements and staffing levels for security and crowd management for both the interior and exterior of the premises; and

3.

A plan and the procedures for mitigating potential adverse impacts on nearby dwelling and business uses.

(7)

Parking areas and parking lots in the B-4 and B-5 district. The following conditions shall be applicable for parking areas or parking lots in the B-4 or B-5 district:

a.

The access, landscaping, screening, and arrangement of the parking area or parking lot shall be reviewed by the Urban Design Committee prior to the review of the application for the conditional use permit by the Planning Commission. The Urban Design Committee may recommend to the Planning Commission that the Planning Commission recommend that the City Council approve the conditional use permit or may recommend that the Planning Commission recommend that the City Council impose additional conditions. In making its recommendation, the Urban Design Committee shall consider at least the standards set forth in section 30-1045.5 and the parking improvement requirements and landscaping standards set forth in sections 30-710.10 through 30-710.16.

(Code 1993, § 32-1045.6; Code 2004, § 114-1045.6; Ord. No. 2010-18-30, § 5, 2-22-2010; Ord. No. 2010-19-31, § 3, 2-22-2010; Ord. No. 2011-29-150, § 12, 9-12-2011; Ord. No. 2012-234-2013-2, § 1, 1-14-2013; Ord. No. 2017-019, § 1, 2-27-2017)

(Code 1993, § 32-1045.6; Code 2004, § 114-1045.6; Ord. No. 2010-18-30, § 5, 2-22-2010; Ord. No. 2010-19-31, § 3, 2-22-2010; Ord. No. 2011-29-150, § 12, 9-12-2011; Ord. No. 2012-234-2013-2, § 1, 1-14-2013; Ord. No. 2017-019, § 1, 2-27-2017)