SPECIAL USE PERMITS

Richmond, Va., City Code ch. 30, art. X, div. 6

in effect

Richmond, Va., City Code § 30-1050.1 Issuance.

Sec. 30-1050.1. - Issuance. Pursuant to Section 17.11 of the Charter and in accordance with the requirements set forth therein, the City Council may authorize the use of land, buildings and structures which do not conform to the regulations and restrictions prescribed for the district in which they are situated and may authorize the issuance of special use permits therefor to the owners of fee simple title thereto and their successors in fee simple title, whenever the Council finds that the proposed use will not: (1) Be detrimental to the safety, health, morals and general welfare of the community involved. (2) Tend to create congestion in streets, roads, alleys and other public ways and places in the area involved. (3) Create hazards from fire, panic or other dangers. (4) Tend to overcrowding of land and cause an undue concentration of population. (5) Adversely affect or interfere with public or private schools, parks, playgrounds, water supplies, sewage disposal, transportation or other public requirements, conveniences and improvements. (6) Interfere with adequate light and air. (Code 1993, § 32-1050.1; Code 2004, § 114-1050.1; Code 2015, § 30-1050.1; Code 2020, § 30-1050.1)

Richmond, Va., City Code § 30-1050.2 Applications.

Sec. 30-1050.2. - Applications. Applications for special use permits shall be filed in the Office of the Department of Planning and Development Review and shall be accompanied by such plans and other data as shall be required by written policy established by the Director of the Department. (Code 1993, § 32-1050.2; Code 2004, § 114-1050.2; Code 2015, § 30-1050.2; Code 2020, § 30-1050.2; Ord. No. 2009-221-2010-9, § 1, 1-25-2010)

Richmond, Va., City Code § 30-1050.3 Notice and public hearing by Planning Commission.

Sec. 30-1050.3. - Notice and public hearing by Planning Commission. The Planning Commission shall hold a public hearing on any ordinance to authorize the issuance of a special use permit. 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. (Code 1993, § 32-1050.3; Code 2004, § 114-1050.3; Code 2015, § 30-1050.3; Code 2020, § 30-1050.3; Ord. No. 2019-085, § 2, 4-22-2019)

Richmond, Va., City Code § 30-1050.4 Notice and public hearing by City Council.

Sec. 30-1050.4. - Notice and public hearing by City Council. The City Council shall hold a public hearing on the ordinance to authorize the issuance of a special use permit. 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. (Code 1993, § 32-1050.4; Code 2004, § 114-1050.4; Code 2015, § 30-1050.4; Code 2020, § 30-1050.4; Ord. No. 2019-085, § 2, 4-22-2019)

Richmond, Va., City Code § 30-1050.5 Posting of notice on property.

Sec. 30-1050.5. - Posting of notice on property. In the case of each application for a special use permit or amendment to a special 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 special 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, § 114-1050.5; Code 2015, § 30-1050.5; Code 2020, § 30-1050.5; Ord. No. 2006-259-262, § 1, 10-23-2006; Ord. No. 2015-148-158, § 1, 7-27-2015)

Richmond, Va., City Code § 30-1050.6 Filing fees.

Sec. 30-1050.6. - Filing fees. (a) A fee as set forth below shall accompany each special use permit application, which shall be paid into the City treasury: (1) | Sign, patio, fence, wall, or other improvement that is not a building or structure | $400.00 (2) | Principal use of one or two dwelling units, excluding short-term rental uses | $400.00 (3) | Principal use of three to 12 dwelling units, excluding short-term rental uses | $800.00 (4) | Day nursery or outdoor dining uses, less than or equal to 5,000 square feet and less than or equal to three stories | $400.00 (5) | Adult care residence, adult day care facility, emergency housing, permanent supportive housing, social service delivery, and transitional housing uses, less than or equal to 5,000 square feet and less than or equal to three stories | $800.00 (6) | Adult care residence, adult day care facility, day nursery, emergency housing, outdoor dining, permanent supportive housing, social service delivery, and transitional housing uses, greater than 5,000 square feet or greater than three stories | $1,200.00 (7) | Other uses, less than or equal to 5,000 square feet and less than or equal to three stories | $2,400.00 (8) | Other uses, greater than 5,000 square feet or greater than three stories | $3,600.00 (b) A fee shall accompany each application for an amendment to a special use permit pertaining to a change in the text only of the originally approved special use permit or amendment thereto, and a fee in the same amount shall accompany each application for an amendment to a special use permit pertaining to a change in the text and plans of the originally approved special use permit or amendment thereto, which shall be paid into the City treasury. Such fees shall be as follows: (1) | Sign, patio, fence, wall, or other improvement that is not a building or structure | $200.00 (2) | Principal use of one or two dwelling units, excluding short-term rental uses | $200.00 (3) | Principal use of three to 12 dwelling units, excluding short-term rental uses | $400.00 (4) | Day nursery or outdoor dining uses, less than or equal to 5,000 square feet and less than or equal to three stories | $200.00 (5) | Adult care residence, adult day care facility, emergency housing, permanent supportive housing, social service delivery, and transitional housing uses, less than or equal to 5,000 square feet and less than or equal to three stories | $400.00 (6) | Adult care residence, adult day care facility, day nursery, emergency housing, outdoor dining, permanent supportive housing, social service delivery, and transitional housing uses, greater than 5,000 square feet or greater than three stories | $600.00 (7) | Other uses, less than or equal to 5,000 square feet and less than or equal to three stories | $1,200.00 (8) | Other uses, greater than 5,000 square feet or greater than three stories | $1,800.00 (c) There shall be no requirement for payment of an application fee if the purpose of a special use permit application is to have the City Council authorize continuation of an existing use which the Zoning Administrator determines should not be allowed under this chapter; provided, however, that such special use application must be for continuation of a use for which either a building permit or certificate of use and occupancy was previously issued. (d) There shall be no charge for the first continuance requested by the applicant. A fee of $400.00 shall accompany each subsequent continuance requested by the applicant, which fee shall be paid into the City treasury. There shall be no charge for a continuance requested by the Planning Commission. (e) A permit implementing the granting of a special use permit or an amendment to a special use permit shall not be approved until satisfactory evidence has been presented to the Zoning Administrator that any delinquent real estate taxes applicable to the subject property have been paid. (Code 1993, § 32-1050.6; Code 2004, § 114-1050.6; Code 2015, § 30-1050.6; Code 2020, § 30-1050.6; Ord. No. 2007-54-121, § 1, 5-29-2007; Ord. No. 2010-237-2011-16, § 1, 1-24-2011; Ord. No. 2014-260-2015-10, § 1, 1-12-2015; Ord. No. 2018-209, § 5, 9-10-2018; Ord. No. 2024-099, § III(§ 14), 5-13-2024)

Richmond, Va., City Code § 30-1050.7 Violation of conditions.

Sec. 30-1050.7. - Violation of conditions. (a) Upon noting that a condition of a special 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 special 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 special 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 1993, § 32-1050.7; Code 2004, § 114-1050.7; Code 2015, § 30-1050.7; Code 2020, § 30-1050.7)

Richmond, Va., City Code § 30-1050.8 Review; procedure on appeal.

Sec. 30-1050.8. - 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 special 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 30-1050.7; 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 City Council shall make the final determination as to whether it shall revoke the special use permit, allow the special use permit to remain in effect, or amend the special use permit. (Code 1993, § 32-1050.8; Code 2004, § 114-1050.8; Code 2015, § 30-1050.8; Code 2020, § 30-1050.8)

Richmond, Va., City Code § 30-1050.9 Notice and public hearings.

Sec. 30-1050.9. - 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 special 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 special 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 special use permit, allow the special use permit to remain in effect, or amend the special use permit and suggesting appropriate conditions if recommending an amendment of the permit. (Code 1993, § 32-1050.9; Code 2004, § 114-1050.9; Code 2015, § 30-1050.9; Code 2020, § 30-1050.9)

Richmond, Va., City Code § 30-1050.10 City Council action.

Sec. 30-1050.10. - City Council action. (a) Upon issuance of the recommendation of the Planning Commission regarding a special 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. Following a public hearing on the review of the special use permit, the City Council may: (1) Revoke the special use permit; (2) Allow the special use permit to remain in effect; or (3) Amend the special use permit. (b) 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 1993, § 32-1050.10; Code 2004, § 114-1050.10; Code 2015, § 30-1050.10; Code 2020, § 30-1050.10)

Richmond, Va., City Code § 30-1050.11 Applicability of Sections 30-1050.7 through 30-1050.10.

Sec. 30-1050.11. - Applicability of Sections 30-1050.7 through 30-1050.10. Sections 30-1050.7 through 30-1050.10 shall apply only to all special use permits adopted after the effective date of the ordinance from which such sections are derived. (Code 1993, § 32-1050.11; Code 2004, § 114-1050.11; Code 2015, § 30-1050.11; Code 2020, § 30-1050.11)

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_DIV6SPUSPEFetched: 11/8/2026