CONDITIONAL USE PERMITS

Richmond, Va., City Code ch. 30, art. X, div. 5.1

in effect

Richmond, Va., City Code § 30-1045.1 Intent.

Sec. 30-1045.1. - Intent. Pursuant to Code of Virginia, §§ 15.2-2286, 15.2-2303, conditional use provisions are intended as a means for the City Council, after review and recommendation by the Planning Commission, to authorize certain uses which, although generally appropriate in the district in which they are permitted, have potentially greater impacts on neighboring properties than uses which are permitted by right. Such uses may or may not be appropriate at a particular location in the district depending on surrounding land uses, other site-specific factors, and determination in each case of potential local impacts from the use and the measures proposed by the applicant to mitigate any adverse impacts. The conditional use permit procedure provides the opportunity for the City Council to review each proposed conditional use and to approve or disapprove the use or impose such conditions as reasonably necessary to ensure the use will be compatible with the surrounding area and consistent with the purposes of this chapter. (Code 1993, § 32-1045.1; Code 2004, § 114-1045.1; Code 2015, § 30-1045.1; Code 2020, § 30-1045.1)

Richmond, Va., City Code § 30-1045.2 Required; effect.

Sec. 30-1045.2. - Required; effect. (a) Required for certain uses. A use indicated as permitted as a conditional use in Article IV of this chapter shall be authorized only upon approval of a conditional use permit by the City Council in accordance with this article. (b) Effect of conditional use listing. The listing of a use as being permitted in a particular district by conditional use permit does not constitute assurance or presumption that a conditional use permit for such use will be approved. Approval of a conditional use permit for a particular use at a specific location within a district is subject to evaluation by the City Council and a determination in each case based on the standards and conditions set forth in this article. (c) Relation to other permits. Building permits, certificates of use and occupancy and certificates of zoning compliance and related reviews and approvals required by this chapter are required for conditional uses in the same manner as for other uses. No building permit, certificate of use and occupancy or certificate of zoning compliance for a conditional use or for a building devoted to a conditional use shall be issued unless a conditional use permit has been approved. (d) Existing uses. A use lawfully existing at the effective date of the ordinance from which this division is derived which is specified as a conditional use in the district in which it is located and for which no conditional use permit has been approved shall not be considered a nonconforming use because of its classification as a conditional use, nor shall the lack of a conditional use permit be considered a nonconforming feature of such use, provided that: (1) No building permit, certificate of use and occupancy or certificate of zoning compliance involving expansion of such use or major reconstruction, enlargement or moving a building devoted to such use shall be issued, nor shall any material change in the program or operating characteristics of such use take place that would increase the intensity of the use, unless a conditional use permit is approved in accordance with this article; (2) Except as provided in Subsection (d)(3) of this section, whenever such use is discontinued for a period of two years or longer, whether or not equipment or fixtures are removed, the use shall not be reestablished unless a conditional use permit is approved in accordance with this division; and (3) When a building devoted to such use is damaged by fire, explosion, act of God or the public enemy to any extent, such building may be restored, repaired, reconstructed and used as before such damage without approval of a conditional use permit, provided that the floor area devoted to the use shall not be increased, and provided further that application for a building permit for the restoration, repair or reconstruction shall be submitted within two years of the date of damage. (Code 1993, § 32-1045.2; Code 2004, § 114-1045.2; Code 2015, § 30-1045.2; Code 2020, § 30-1045.2; Ord. No. 2011-29-150, § 12, 9-12-2011)

Richmond, Va., City Code § 30-1045.3 Application.

Sec. 30-1045.3. - Application. Applications for conditional use permits shall be submitted to the Department of Planning and Development Review and may be filed by the owner or with the written consent of the owner of the property which is the subject of the proposed conditional use permit. Applications shall be accompanied by an applicant's report describing the proposed conditional use and explaining the manner in which it complies with the requirements and standards of this chapter, together with such plans and other information as set forth in written administrative policy adopted by the Planning Commission. (Code 1993, § 32-1045.3; Code 2004, § 114-1045.3; Code 2015, § 30-1045.3; Code 2020, § 30-1045.3; Ord. No. 2009-221-2010-9, § 1, 1-25-2010)

Richmond, Va., City Code § 30-1045.4 Procedure for issuance.

Sec. 30-1045.4. - Procedure for issuance. (a) Review by staff. Staff of the Department of Planning and Development Review shall review each application for a conditional use permit and forward the application to the Planning Commission along with a report indicating the manner in which the proposed conditional use complies or does not comply with this chapter and its recommendations regarding approval, disapproval or conditions to be attached. (b) Action by Planning Commission. The Planning Commission shall review each conditional use permit application for compliance with this chapter and shall provide a recommendation to the City Council in accordance with the following: (1) The Commission shall hold a public hearing on the conditional use permit application. Notice of the time and place of such public hearing shall be given in accordance with general law. The names and addresses of all property owners within the City to whom notices are to be sent shall be furnished by the City Assessor and shall be as shown on the then-current tax records of the City. (2) After holding a public hearing, the Commission may recommend approval or disapproval of the conditional use permit or that additional conditions be imposed. In making its recommendation, the Commission shall consider at least the standards indicated in Section 30-1045.5. (3) Action by the Commission shall be in the form of a motion, giving the reasons for its action. (4) When the Commission is unable to adopt a motion to recommend approval or disapproval, it shall forward a written report to the City Council stating such fact and summarizing its discussions on the matter. (5) Failure of the Commission to provide a recommendation or report to the City Council within 100 days after the first meeting of the Commission at which the conditional use permit application appears on its agenda shall be considered a recommendation of approval, unless the application has been withdrawn by the applicant prior to the expiration of such time period. (c) Action by City Council. The City Council shall take action on each conditional use permit application in accordance with the following: (1) After receiving the recommendation of the Planning Commission, the Council shall hold a public hearing on the conditional use permit application. Notice of the time and place of such public hearing shall be given in accordance with general law. The names and addresses of all property owners within the City to whom notices are to be sent shall be furnished by the City Assessor and shall be as shown on the then-current tax records of the City. (2) The City Council may, by ordinance, approve or disapprove the conditional use permit application and may impose additional conditions as authorized by this division. (Code 1993, § 32-1045.4; Code 2004, § 114-1045.4; Code 2015, § 30-1045.4; Code 2020, § 30-1045.4; Ord. No. 2009-221-2010-9, § 1, 1-25-2010; Ord. No. 2019-085, § 2, 4-22-2019)

Richmond, Va., City Code § 30-1045.5 Standards for approval.

Sec. 30-1045.5. - Standards for approval. A conditional use permit shall be approved by the City Council only if it finds, after consideration of the recommendation of the Planning Commission, that the proposed use and related plans are appropriate at the location proposed based upon its consideration of the following standards and the specific conditions, where applicable, for the particular use in the district in which it is proposed to be located. No conditional use permit shall be approved by the City Council unless it finds the proposed use and development: (1) Will not be contrary to the general purposes of this chapter as stated in Section 30-100; (2) Will not be in conflict with the objectives and policies of the master plan for the City; (3) Will conform with all applicable sections of this article and other applicable requirements of the district in which it is proposed to be located; (4) Will not substantially diminish or impair the established property values in the neighborhood in which it is proposed to be located; (5) Will not have an undue adverse effect on the public health, safety or general welfare; (6) Will not adversely affect the character of the surrounding area or the continued use and development of surrounding property in a manner consistent with applicable zoning regulations or master plan objectives; (7) Will not cause undue traffic congestion on public streets or significantly increase traffic volumes on minor residential streets; (8) Will be adequately served by essential public services and facilities and will not cause an undue burden on such services and facilities; (9) Will not cause the destruction, loss or damage of significant natural, scenic or historic features to any greater degree than development of the property for uses permitted by right in the district; (10) Will ensure compatibility with surrounding property through existing and proposed landscaping, screening and buffering and the location, arrangement and character of existing and proposed buildings, structures, open spaces, parking areas, vehicular circulation, driveways, signage and lighting; and (11) Will not cause or result in any significant increase in negative cumulative impact when considered in conjunction with other conditional uses in the neighborhood in which it is proposed to be located. (Code 1993, § 32-1045.5; Code 2004, § 114-1045.5; Code 2015, § 30-1045.5; Code 2020, § 30-1045.5)

Richmond, Va., City Code § 30-1045.6 Specific conditions applicable to particular uses.

Sec. 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) Emergency housing, transitional housing, or permanent supportive housing. A property with an emergency housing, transitional housing, or permanent supportive housing use shall comply, at minimum, with the provisions of Article VI of this chapter. (2) Social service delivery uses. A property with a social service delivery use shall, at minimum, submit a site plan in accordance with Section 30-698.3(d). (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 facade 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 Subsection (3)a of this section, 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 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. The 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. (4) Retail sales of liquor. The following conditions shall be applicable to retail sales of liquor: a. Except as provided in Subsection (4)b of this section, 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 the ordinance from which this subsection is derived 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 Subsection (4)b of this section 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 facade 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 buildings 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 user 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 of neighborhood of the city or have a detrimental impact on the surrounding area due to close proximity to residential area or public, religious or child care facilities. (5) 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. (6) Parking areas and parking lots in the B-4 and B-5 district. The following conditions shall be applicable for parking areas and 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. (7) Lodginghouses. A property with a lodginghouse use shall, at minimum, submit a site plan in accordance with Section 30-698.3(d). (8) Retail sales of tobacco and hemp. The following conditions shall be applicable to retail sales of tobacco and hemp: a. Any lot containing such use: 1. Shall be located no less than 1,000 feet from any lot in a R or RO zoning district; and 2. Shall be located no less than 1,000 feet from any lot containing a child day center; public or private pre, elementary, middle, or high school; park; public library; or church or other place of worship; and 3. Shall be located no less than 1,000 feet from any other lot containing such use; and b. Drive-up facilities shall not be permitted in conjunction with such use; and c. Any sale, offering, or distribution of electronic smoking devices or retail tobacco products as such terms are defined in Code of Virginia § 18.2-371.2 or of hemp products or hemp products intended for smoking as such terms are defined in Code of Virginia § 3.2-4112, shall only take place within the interior of a building or structure; and d. Such use shall not take place at any time between the hours of 9:00 p.m. and 9:00 a.m. (Code 1993, § 32-1045.6; Code 2004, § 114-1045.6; Code 2015, § 30-1045.6; Code 2020, § 30-1045.6; 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; Ord. No. 2020-261, § 1, 3-8-2021; Ord. No. 2023-101, § 5, 4-24-2023; Ord. No. 2024-314, § 2(30-1045.6), 12-9-2024; Ord. No. 2025-157, § 1(30-1045.6), 7-28-2025)

Richmond, Va., City Code § 30-1045.7 Additional conditions.

Sec. 30-1045.7. - Additional conditions. The Planning Commission may recommend and the City Council may impose such additional conditions and limitations on any conditional use, including its scale, intensity, site development, operation or general character, as deemed necessary or appropriate. Such conditions or limitations may be to prevent, minimize or mitigate potential adverse impacts on the surrounding area or on the City as a whole or to ensure compliance with any of the standards and conditions applicable to conditional uses and set forth in this article. Any such conditions or limitations shall be expressly set forth in the ordinance approving the conditional use. (Code 1993, § 32-1045.7; Code 2004, § 114-1045.7; Code 2015, § 30-1045.7; Code 2020, § 30-1045.7)

Richmond, Va., City Code § 30-1045.8 Amendments after approval.

Sec. 30-1045.8. - Amendments after approval. An approved conditional use permit may be amended only in accordance with the procedures and subject to the standards set forth in this article for review and approval of a new conditional use permit. (Code 1993, § 32-1045.8; Code 2004, § 114-1045.8; Code 2015, § 30-1045.8; Code 2020, § 30-1045.8)

Richmond, Va., City Code § 30-1045.9 Expiration.

Sec. 30-1045.9. - Expiration. An approved conditional use permit shall become null and void if no application for a building permit to construct the authorized improvements has been submitted within two years of the date of approval by the City Council. A conditional use permit for which no building permit is required shall become null and void if the use is not established within two years of the date of approval by the City Council as evidenced by the issuance of a certificate of use and occupancy or a certificate of zoning compliance. The City Council may, for good cause, specify a longer period in its approval of a conditional use permit. (Code 1993, § 32-1045.9; Code 2004, § 114-1045.9; Code 2015, § 30-1045.9; Code 2020, § 30-1045.9)

Richmond, Va., City Code § 30-1045.10 Discontinuance.

Sec. 30-1045.10. - Discontinuance. A conditional use permit shall run with the land, provided that any use established pursuant to an approved conditional use permit shall not be reestablished if replaced by a different use or if discontinued for a period of two years or longer. (Code 1993, § 32-1045.10; Code 2004, § 114-1045.10; Code 2015, § 30-1045.10; Code 2020, § 30-1045.10)

Richmond, Va., City Code § 30-1045.11 Appeals.

Sec. 30-1045.11. - Appeals. Appeals from any decision of the City Council regarding a conditional use permit may be taken to the Circuit Court by any aggrieved party in accordance with applicable sections of State law. (Code 1993, § 32-1045.11; Code 2004, § 114-1045.11; Code 2015, § 30-1045.11; Code 2020, § 30-1045.11)

Richmond, Va., City Code § 30-1045.12 Fee for filing application.

Sec. 30-1045.12. - Fee for filing application. (a) A fee of $1,500.00 plus $100.00 per acre shall accompany each conditional use permit application, which fee shall be paid into the City treasury. (b) A fee of $1,000.00 plus $100.00 per acre shall accompany each application for an amendment to a conditional use permit, which fee shall be paid into the City treasury. (c) Approval of a conditional use permit or an amendment to a conditional use permit shall not be granted until satisfactory evidence has been presented to the Secretary of the Planning Commission that any delinquent real estate taxes applicable to the subject property have been paid. (Code 1993, § 32-1045.12; Code 2004, § 114-1045.12; Code 2015, § 30-1045.12; Code 2020, § 30-1045.12; Ord. No. 2007-54-121, § 1, 5-29-2007; Ord. No. 2014-260-2015-10, § 1, 1-12-2015)

Richmond, Va., City Code § 30-1045.13 Posting of notice on property.

Sec. 30-1045.13. - Posting of notice on property. In the case of each application for a conditional use permit or amendment to a conditional use permit, it shall be the responsibility of the Department of Planning and Development Review to post on the property that is the subject of the conditional use permit, a sign or signs notifying interested parties of the application and pending public hearings thereon. Such sign shall be posted at least 15 days prior to the scheduled Planning Commission public hearing on the application, shall remain on the property until final disposition of the application by the City Council, and shall comply with any applicable standards established by the Department of Planning and Development Review and approved by resolution of the Planning Commission. (Code 2004, § 114-1045.13; Code 2015, § 30-1045.13; Code 2020, § 30-1045.13; Ord. No. 2006-259-262, § 1, 10-23-2006; Ord. No. 2015-148-158, § 1, 7-27-2015)

Richmond, Va., City Code § 30-1045.14 Violation of conditions.

Sec. 30-1045.14. - Violation of conditions. (a) Upon noting that a condition of a conditional use permit has been violated, the Zoning Administrator shall issue a written notice of violation to the property owner. The notice shall inform the property owner which condition has been violated, the nature of the violation, and that the Planning Commission shall hold a public hearing at which it shall review the violation and the conditional use permit pursuant to this division if: (1) The property owner does not abate the violation within 30 days of the issuance of the notice; or (2) Three notices of violation are issued to the property owner within any 12-month period. (b) A notice of violation shall run with the permit upon which the notice is issued if the permit is transferred. If property subject to a conditional use permit has been legally divided into more than one parcel prior to the issuance of a notice of violation, the notice of violation accrued by one parcel shall not count against the other parcels. (Code 2004, § 114-1045.14; Code 2015, § 30-1045.14; Code 2020, § 30-1045.14; Ord. No. 2011-29-150, § 11, 9-12-2011)

Richmond, Va., City Code § 30-1045.15 Review; procedure on appeal.

Sec. 30-1045.15. - Review; procedure on appeal. (a) The Zoning Administrator shall issue to the property owner a notice advising that the Planning Commission shall hold a public hearing at which it shall review the violation and the conditional use permit pursuant to this division if: (1) The property owner has not abated a violation within 30 days of the issuance of a notice of violation under Section 30-1045.14; or (2) Three notices of violation have been issued to the property owner within any 12-month period. (b) This notice shall also inform the property owner that the City Council shall make the final determination as to whether it shall revoke the conditional use permit, allow the conditional use permit to remain in effect, or amend the conditional use permit. (Code 2004, § 114-1045.15; Code 2015, § 30-1045.15; Code 2020, § 30-1045.15; Ord. No. 2011-29-150, § 11, 9-12-2011)

Richmond, Va., City Code § 30-1045.16 Notice and public hearings.

Sec. 30-1045.16. - Notice and public hearings. (a) Notice of the time, place, and subject of all public hearings before the Planning Commission and the City Council regarding the violation of one or more conditional use permit conditions shall be given in accordance with the Charter and applicable State law. (b) The Planning Commission shall hold a public hearing at which it shall review the violation and the conditional use permit. After the public hearing, the Planning Commission shall issue to the City Council a recommendation regarding whether the City Council should revoke the conditional use permit, allow the conditional use permit to remain in effect, or amend the conditional use permit and suggesting appropriate conditions if recommending an amendment of the permit. (Code 2004, § 114-1045.16; Code 2015, § 30-1045.16; Code 2020, § 30-1045.16; Ord. No. 2011-29-150, § 11, 9-12-2011)

Richmond, Va., City Code § 30-1045.17 City Council action.

Sec. 30-1045.17. - City Council action. (a) Upon issuance of the recommendation of the Planning Commission regarding a conditional use permit, the Secretary of the Planning Commission shall cause appropriate ordinances to be prepared so that the City Council may act on the Planning Commission's recommendations. (b) Following a public hearing on the review of the conditional use permit, the City Council may: (1) Revoke the conditional use permit; (2) Allow the conditional use permit to remain in effect; or (3) Amend the conditional use permit. (c) Notwithstanding any section of this division to the contrary, no action taken pursuant to this division shall in any way limit the City's right to pursue any other remedy at law or in equity against the property owner. (Code 2004, § 114-1045.17; Code 2015, § 30-1045.17; Code 2020, § 30-1045.17; Ord. No. 2011-29-150, § 11, 9-12-2011)

Richmond, Va., City Code § 30-1045.18 Applicability of Sections 30-1045.14 through 30-1045.17.

Sec. 30-1045.18. - Applicability of Sections 30-1045.14 through 30-1045.17. Sections 30-1045.14 through 30-1045.17 shall apply only to all conditional use permits adopted after the effective date of the ordinance from which such sections are derived. (Code 2004, § 114-1045.18; Code 2015, § 30-1045.18; Code 2020, § 30-1045.18; Ord. No. 2011-29-150, § 11, 9-12-2011)

Source: City of Richmond, Virginia, Code (2026 recodification) and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/va/richmond/codes/code_of_ordinances?nodeId=CH30ZO_ARTXADEN_DIV5.1COUSPEFetched: 11/8/2026