Planning Commission

City of Petersburg Planning Commission Meeting Agenda Thursday, March 6, 2025 6:00 PM – 8:30 PM Click here to join the meeting virtually https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting Meeting ID: 247 909 409 188 Passcode: J8yoAt 1. Call to Order 2. Roll Call 3. Adoption of the Agenda 4. Consent Agenda a. February 2025 Minutes (pages 3-6) 5. Public Comment Comments and Correspondence from citizens, visitors, and delegations in the audience on items not on the agenda. Individuals wishing to speak should sign up prior to the start of the meeting. Please limit comments to no more than three minutes. Total Public Comment period shall not exceed 15 minutes. 6. Public Hearings a. 2025-ZTA-02: Consideration of a resolution recommending approval of an amendment to the Zoning Ordinance of the City of Petersburg pertaining to the introduction of civil penalties for violations of the zoning ordinance. (pages 7-21) 1  b. Consideration of a resolution recommending approval of a request by Crater Center, LLC to amend the Zoning Ordinance of the City of Petersburg to allow recreational substance retail uses in the B-2, General Commercial Zoning District with an approved special use permit and at least 1,000 linear feet from the property line of any child day care center or public, private, or parochial school. (pages 22-49) 7. Old Business 8. New Business a. Presentation and review of FY25 Capital Budget and Improvement Plan (CIP) by City Staff. (pages 50-56) 9. Secretary/City Staff Reports 10. Announcements/Commissioner Reports 11. Adjournment 2  City of Petersburg Planning Commission Meeting Minutes February 6th, 2025 Members Present: Mr. Fenton Bland Mr. Tony McDaniel Mr. Al Cannon, Vice-Chair Mr. Marshall Ford, Chair Mr. Thomas Hairston Ms. Kirsten Katzenbach (arrived at 6:26 p.m.) Mr. Aku Reinhardt (arrived at 6:21 p.m.) Dr. James Norman (Virtual) Members Absent: Dr. Dianne Harley 1. Call to Order: The City of Petersburg Planning Commission meeting held on Thursday, February 6th, 2025, was called to order by Marshall Ford at 6:02 p.m. A roll call was completed by Mr. Jackson. 2. Roll Call A quorum was established by Mr. Jackson. Others Present: Jared Crews and Tyler Jackson, City Planning Staff 3. Adoption of the Agenda: Mr. Crews called for any changes to the agenda. Commissioner Hairston moved to approve the agenda as presented and Commissioner Bland seconded the motion, which passed unanimously. 4. Officer Elections: The Planning Commission will hold an election for the Planning Commission Secretary Vacancy. Commissioner Bland made a motion to elect Staff to serve as secretary. Commissioner Hairston seconded the motion, which passed unanimously. 5. Consent Agenda: 3  Commissioner Hairston motioned to approve the consent agenda which included the January 2nd meeting minutes. Commissioner McDaniel seconded the motion which passed unanimously. 6. Overview of Rules of Order by Planning Commission Chair Chair Ford went over the Rules of Order and opened the floor for discussion. Staff asked for clarification regarding time limits for public comment and Chair Ford confirmed a limit of 15 minutes total for the section, divided equally between each citizen, with a maximum of 3 minutes per individual. 7. Public Comment Chair Ford opened the floor for public comment. No public comments were received. 8. Public Hearings: a. 2025-REZ-02: Consideration of a resolution recommending approval of a request by Capital City Homes, LLC to rezone with proffers property at 208 North Dunlop Street and 901, 905, 909, 915, 919, 921, 925, 929, and 933 Commerce Street, Parcel IDs 024140003, 024140005, 024140006, 024140007, 024140008, 024140009, 024140010, 024140011, 024140012, 024140013, from the B-2 General Commercial and M-1 Light Industrial Districts to the R-2 Single-Family Residence District Mr. Crews presented the Commission with an overview of the proposed rezoning from Capital City Homes to build 8 detached, single-family homes at the listed addresses. Mr. Crews noted that a similar request came to the Commission in late 2023 looking to rezone to B-2. That application was approved by Planning Commission but was ultimately denied by City Council. The applicant is now seeking R-2 with proffers that would limit the development to the eight single-family detached dwellings which would match the architectural renderings provided with the application. Mr. Crews stated Planning Staff recommended approval with the attached proffers. Commissioner Hairston stated that having met individually with the owner, he was in support. Commissioner Bland stated the same. Chair Ford commended the Commissioners but reminded the Commission that any meeting of greater than 2 Commissioners would need to be treated as a public meeting. Chair Ford opened the floor for public comment. Hearing no one in favor or against, Chair Ford closed the public comment period. 4  Commissioner Hairston made a motion to recommend City Council approve the request with the attached proffered conditions. Commissioner Bland seconded the motion, which passed unanimously. 9. Old Business There was no old business discussed. 10. NEW BUSINESS a. Appointment of subcommittee to review proposed short-term rental regulations. It was determined that Commissioners McDaniel, Hairston, Aku, and Katzenbach would serve on the subcommittee. Mr. Crews stated he would coordinate with those members on a time and place for a first meeting. b. Discussion on potential text amendment introducing civil penalties for violations of the Zoning Ordinance. Mr. Crews presented an overview of a potential text amendment that would allow staff to pursue civil penalties in pursuit of zoning compliance. Mr. Crews explained the current process and stated that it has been ineffective as a means of enforcement as there are currently 30+ violations unable to proceed due to challenges getting zoning violations in a court as a criminal charge. The item was then opened for discussion. The Commission asked for clarification regarding standing proceedings as well as what sorts of violations would be addressed through civil penalties. Mr. Crews clarified that zoning violations are distinct from other violations of City Code, such as Building Code violations and noted that typical violations include illegal uses of property, storage of inoperable vehicles, and illegal signage. Commissioner Katzenbach motioned to schedule a public hearing for a text amendment introducing civil penalties for zoning violations at the Planning Commission’s regular March meeting. Vice-Chair Cannon seconded the motion which passed 6-0-1 (Commissioner Hairston abstained). 11. SECRETARY/CITY STAFF REPORTS There were no items to discuss. 12. ANNOUNCEMENTS/COMMISSIONER REPORTS 5  Mr. Crews reminded the Commission of the upcoming joint meeting with City Council. Commissioner Katzenbach reported about her experience regarding the training she attended and encouraged others to take advantage of any similar opportunities. The Commission further discussed Chair Ford’s Rules of Order memo and reaffirmed improvements to be made to improve the efficiency of the meetings. Mr. Crews reiterated that staff are available to field any questions prior to the meeting. Mr. Crews gave an update regarding the status of the larger Zoning Ordinance update and fielded questions regarding data center regulations. 13. ADJOURNMENT The meeting was adjourned at 7:15 p.m. on motion by Commissioner Hairston. Planning Commission Chair Date 6  City of Petersburg Department of Planning and Community Development 135 N Union St, Room 304 Petersburg, VA 23803 (804) 733-2308 MEMORANDUM DATE: March 6, 2025 TO: Planning Commission FROM: Planning and Community Development RE: 2025-ZTA-02: Consideration of a resolution recommending approval of an amendment to the Zoning Ordinance of the City of Petersburg pertaining to the introduction of civil penalties for violations of the zoning ordinance. EXECUTIVE SUMMARY: Planning Staff are seeking to update the Zoning Ordinance to allow the pursuit of civil penalties for zoning violations. Currently, Staff’s only option is to file criminal charges for zoning violations, but there has been extremely limited success prosecuting violators and gaining compliance though this process. Staff believe civil penalties would more effectively address most zoning violations and are recommending approval of the text amendment as drafted. CHRONOLOGY OF EVENTS: 1. February 6, 2025 – staff presented a discussion item covering the proposed changes and the Planning Commission moved to hold a public hearing on a potential text amendment. BACKGROUND: One of the functions of the City’s Department of Planning and Community Development is to enforce the Zoning Ordinance, which includes addressing zoning violations. Zoning violations commonly pertain illegal use of a property, including contractor and vehicle storage on properties not zoned for those uses, and failure to go through proper channels before completing work, including changes to properties in the city’s historic districts without Architectural Review Board approval or installing signage without a permit. 7 Zoning violations are typically addressed through an administrative process in which a violator receives a notice of violation with a period of time to appeal, but if the violation is not brought into compliance through this administrative process, the next step is to take legal action to address the issue. The Zoning Ordinance currently provides that any zoning violation is to be treated as a criminal misdemeanor. This requires a criminal summons be issued by a Magistrate and the case be brought before the court in a criminal trial. Over the last several years, the Planning Department has had very little success with addressing violations through this process. In many instances, summons have not been served due to the Police Department having higher-priority items or because violators are not in the State of Virginia. In some cases, summons are served, but cases are dropped due to technicalities or errors in the filing. As of the writing of this report, there are 25 outstanding zoning violations that Staff have been unable to bring into compliance because violators have not complied willingly nor been served summons to appear in court for resolution. Code of Virginia Section 15.2-2209 allows localities to establish civil penalties, or monetary fines or sanctions, for zoning violations. The locality can set a schedule of penalties and subsequently issue civil summons for violations that are not brought into compliance through the administrative process. Civil summons would be filed by the City Attorney and the summons could be served across state lines unlike criminal summons. A violator would have the option to pay the fine or to dispute in general district court. If the case went to court, it would be tried as a civil case where the City would need to demonstrate the violation exists through a preponderance of evidence as opposed to beyond a reasonable doubt as required in criminal cases. Per State Code, penalties could be set at up to $200 for an initial summons and up to $500 for each additional summons. Each day that a violation exists would be considered a separate offense and multiple charges can be filed as long as the violation continues. If civil penalties for a violation accumulate to $5,000, the violation would then be pursued criminally. The City would also retain the option to pursue criminal penalties for any violation resulting in harm to a person or particular cases where it may be unlikely to get a response from a violator through civil penalties. Planning Staff believe that the introduction of civil penalties for violations will make enforcement of the Zoning Ordinance more successful. The additional control over the serving of warrants would get more cases into court and Staff believe it would be much more effective to have the cases tried as civil rather than criminal. Please note most zoning violations are brought into compliance through the administrative violation process. Staff’s goal is to work with property owners to address issues when possible and legal action, whether civil or criminal, is reserved for cases where violators are unwilling to bring a violation into compliance. 8 COMPREHENSIVE PLAN CONSIDERATIONS: The PetersburgNEXT Comprehensive Plan speaks to the challenges of addressing issues on properties owned by absentee landowners, particularly those that live outside of Petersburg or Virginia. Civil summons can more easily served across state lines and Staff believe they would be more likely to get the attention of an absentee owner, particularly if fines were to accumulate. The plan also recommends that city ordinances be reviewed to ensure that penalties for violations are clear and utilized to the maximum extent possible. Planning Staff believe the introduction of civil penalties to address zoning violations will allow for the most effective enforcement of the Zoning Ordinance. RECOMMENDATION: Staff recommend approval of the proposed text amendment as drafted. ATTACHMENTS Presentation Resolution Draft Amendment - Article 33. – Enforcement, Violation, and Penalties Code of Virginia § 15.2-2209 9 PLANNING 2025-ZTA-02: COMMISSION Consideration of a resolution recommending approval of an amendment to the Zoning MEETING Ordinance of the City of Petersburg pertaining to the introduction of civil penalties for violations of MARCH 6, 2025 the zoning ordinance 10 Background ◦ Violations of the Zoning Ordinance are currently handled as criminal misdemeanors ◦ Planning/Zoning staff have had limited success in addressing violations as criminal offenses ◦ Staff believe introduction of civil penalties would more effectively address violations and propose amendment to Article 33 11 Zoning Violations Currently 25 open violations outside of administrative violation process: •5 violations for abandoned vehicle storage •2 violations for illegal contractor equipment storage •5 violations for failure to maintain signage •13 violations for sign permitting issues; includes violations for illegal sign types, signs installed without proper permits, or signs exceeding maximum signage allowed 12 Civil Penalties o“Monetary fine or sanction imposed on someone who breaks a law or regulation” oPer State Code § 15.2-2209, localities may establish civil penalties for violations of zoning ordinances; up to $200 for initial offense, up to $500 for additional oSchedule of penalties is set, Zoning Administrator can file civil summons if violation is not brought into compliance oEach new day violation exists is considered separate offense, but cannot be charged more than once in ten-day period oIf civil penalties accumulate to $5,000, violation is pursued as criminal 13 Civil vs. Criminal Penalties oCity can issue civil summons and summons can be served across state lines; criminal summons depend on rules that vary state-to-state oViolator has option to pay fine or to dispute at general district court in civil hearing oStandard of proof for civil cases are preponderance of evidence; threshold for criminal cases is beyond a reasonable doubt oCity will retain option to pursue criminal penalties 14 Comprehensive Plan Considerations •Comprehensive Plan speaks to the challenges of addressing issues on properties owned by absentee landowners, especially when out of city or state; civil summons can be more easily served across state lines and staff believe they will get attention of property owners •Comprehensive Plan recommends ordinance be reviewed to ensure that penalties for violations are clear and utilized to the maximum extent possible; Staff believe the option to pursue civil OR criminal penalties will allow for the most effective enforcement of the Zoning Ordinance. 15 Planning Commission Options •Recommend approval of the text amendment as drafted •Recommend denial of the text amendment •Recommend approval of the text amendment with changes Staff Recommendation: Approval of text amendment as drafted 16  A RESOLUTION RECOMMENDING APPROVAL OF AN ORDINANCE AMENDING AND READOPTING ARTICLE 33. – ENFORCEMENT, VIOLATION, AND PENALTIES AS SET FORTH IN THE ZONING ORDINANCE OF THE CITY OF PETERSBURG TO INTRODUCE CIVIL PENALTIES FOR VIOLATIONS OF THE ZONING ORDINANCE WHEREAS, the City of Petersburg Zoning Ordinance includes Article 33. – Enforcement, Violation, and Penalties which allows the Zoning Administrator to enforce the zoning ordinance, including seeking penalties for violation; and WHEREAS, Article 33 currently limits penalties for violations of the Zoning Ordinance to Criminal Misdemeanors; and WHEREAS, the Zoning Administrator has faced challenges with pursuing criminal penalties for violations of the Zoning Ordinance, including failure to have criminal summons served and technical errors resulting in violation proceedings being dismissed; and WHEREAS; Code of Virginia Section 15.2-2209 empowers the City to adopt an ordinance establishing civil penalties for violations of the Zoning Ordinance with a fixed schedule of fines; and WHEREAS; the Zoning Administrator and Department of Community Development believe the adoption of civil penalties for violations of the Zoning Ordinance will allow more effective and timely enforcement of the Zoning Ordinance; and WHEREAS, the Planning Commission is supportive of City Staff efforts to bring properties in violation of the Zoning Ordinance into compliance; and WHEREAS, pursuant to the requirements of Titles 15.2-2204 and 15.2-2285 of the Code of Virginia, as amended, a public hearing was advertised and held, in accordance with applicable laws. NOW THEREFORE BE IT RESOLVED that the Planning Commission does hereby recommend approval of an ordinance amending and readopting Article 33. – Enforcement, Violation, and Penalties as set forth in the Zoning Ordinance as indicated in Exhibit A. 17  PART II - CODE APPENDIX B - ZONING ARTICLE 33. ENFORCEMENT, VIOLATION AND PENALTIES ARTICLE 33. ENFORCEMENT, VIOLATION AND PENALTIES Section 1. [Violation.] (1) It shall constitute a violation of this ordinance for any person either owner, agent, or occupant, to do any of the things for which a permit is required by this ordinance without having first obtained such a permit. a. Any such permit issued upon a false statement of any fact which is material to the issuance thereof shall be void. Whenever the Zoning Administrator shall determine that they have issued a permit under such circumstances, they shall revoke the permit and give notice to the holder by mail to the address set out in the permit application and by posting such notice in some conspicuous place upon the premises. Any person who shall proceed thereafter with such work or use without having obtained a new permit in accordance with this chapter shall be deemed guilty of a violation of this ordinance. (2) It shall constitute a violation of this ordinance for any person to erect, construct, reconstruct, alter, repair, or convert any building or use any land in a manner which does not comply with the provisions of this ordinance. (3) It shall constitute a violation of this chapter for any person either owner, agent or occupant, to disobey, neglect or refuse to comply with or resist the enforcement of any of the provisions of this ordinance. Each day upon which any such violation shall continue shall constitute a separate violation. (4) It shall be unlawful for any person to violate any of the provisions of this ordinance in such a manner as to result in injury to any person. Section 2. [Duty of Zoning Administrator, police and other city officers.] It shall be the duty of the Zoning Administrator to enforce the provisions of this ordinance, and to refuse to issue any permit for any building, or for the use of any premises, which would violate any of the provisions of said ordinance. It shall also be the duty of all officers and employees of the city, and especially of all members of the police department, to assist the Zoning Administrator by reporting to him any seeming violation in new construction, reconstruction, or land uses. If the zoning administrator finds that any of the provisions of this ordinance are being violated, they shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Section 3. [Authority of Zoning Administrator to deal with violations.] In any case any building is erected, constructed, reconstructed, altered, repaired or converted, or any building or land is used in violation of this ordinance, the Zoning Administrator is authorized and directed to institute any appropriate action to put an end to such violation. Section 4. [Penalty.] Any person or corporation who shall violate any of the provisions of this ordinance, or fail to comply therewith or with any of the requirements thereof, or who shall build or alter any building in violation of any detailed statement or plan submitted and approved hereunder, shall be guilty of a misdemeanor and shall be liable to a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000). The owner or owners of EXHIBIT A Page 1 of 2 18 any building or premises or part thereof, where anything in violation of this ordinance shall be placed, or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith, and who have assisted in the commission of any such violation, shall be guilty of a separate offense and upon conviction thereof shall be fined as hereinbefore provided. In lieu of any criminal penalty otherwise chargeable under this section, civil penalties may be levied in accordance with the Code of Virginia Section 15.2-2209 as amended for any violation which does not result in injury to any person. Civil penalties shall be levied in accordance with a schedule of fines as set by the City Council or as prescribed by Virginia Statute. Designation of a particular violation for a civil penalty pursuant to this section shall be in lieu of criminal sanctions, and except for any violation resulting in injury to persons, such designation shall preclude the prosecution of a violation as a criminal misdemeanor, provided, however, that when such civil penalties total five thousand dollars ($5,000) or more, the violation may be prosecuted as a criminal misdemeanor. Created: 2024-10-28 16:42:15 [EST] (Supp. No. 19, Update 3) Page 2 of 2 19 Code of Virginia Title 15.2. Counties, Cities and Towns Subtitle II. Powers of Local Government Chapter 22. Planning, Subdivision of Land and Zoning Article 1. General Provisions § 15.2-2209. Civil penalties for violations of zoning ordinance Notwithstanding subdivision A 5 of § 15.2-2286, any locality may adopt an ordinance which establishes a uniform schedule of civil penalties for violations of specified provisions of the zoning ordinance. The schedule of offenses shall not include any zoning violation resulting in injury to any persons, and the existence of a civil penalty shall not preclude action by the zoning administrator under subdivision A 4 of § 15.2-2286 or action by the governing body under § 15.2- 2208. This schedule of civil penalties shall be uniform for each type of specified violation, and the penalty for any one violation shall be a civil penalty of not more than $200 for the initial summons and not more than $500 for each additional summons. Each day during which the violation is found to have existed shall constitute a separate offense. However, specified violations arising from the same operative set of facts shall not be charged more frequently than once in any 10-day period, and a series of specified violations arising from the same operative set of facts shall not result in civil penalties which exceed a total of $5,000. Designation of a particular zoning ordinance violation for a civil penalty pursuant to this section shall be in lieu of criminal sanctions, and except for any violation resulting in injury to persons, such designation shall preclude the prosecution of a violation as a criminal misdemeanor, provided, however, that when such civil penalties total $5,000 or more, the violation may be prosecuted as a criminal misdemeanor. The zoning administrator or his deputy may issue a civil summons as provided by law for a scheduled violation. Any person summoned or issued a ticket for a scheduled violation may make an appearance in person or in writing by mail to the department of finance or the treasurer of the locality prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. Such persons shall be informed of their right to stand trial and that a signature to an admission of liability will have the same force and effect as a judgment of court. If a person charged with a scheduled violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided for by law. In any trial for a scheduled violation authorized by this section, it shall be the burden of the locality to show the liability of the violator by a preponderance of the evidence. If the violation remains uncorrected at the time of the admission of liability or finding of liability, the court may order the violator to abate or remedy the violation in order to comply with the zoning ordinance. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within a period of time as determined by the court, but not later than six months of the date of admission of liability or finding of liability. Each day during which the violation continues after the court-ordered abatement period has ended shall constitute a separate offense. An admission of liability or finding of liability shall not be a criminal conviction for any purpose. 1 2/23/2025 12:00:00 20 No provision herein shall be construed to allow the imposition of civil penalties (i) for activities related to land development or (ii) for violation of any provision of a local zoning ordinance relating to the posting of signs on public property or public rights-of-way. 1985, c. 417, § 15.1-499.1; 1986, c. 97; 1987, cc. 78, 99; 1988, cc. 513, 813, 869, 895; 1989, c. 566; 1990, cc. 473, 495; 1992, c. 298; 1993, c. 823; 1994, c. 342;1995, c. 494;1996, c. 421;1997, c. 587; 2003, c. 192;2006, c. 248;2008, c. 727. The chapters of the acts of assembly referenced in the historical citation at the end of this section(s) may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. 2 2/23/2025 12:00:00 21  City of Petersburg Department of Planning and Community Development 135 N Union St, Room 304 Petersburg, VA 23803 (804) 733-2308 MEMORANDUM DATE: March 6, 2025 TO: Planning Commission FROM: Planning and Community Development RE: 2025-ZTA-03: Consideration of a resolution recommending approval of a request by Crater Center, LLC to amend the Zoning Ordinance of the City of Petersburg to allow recreational substance retail uses in the B-2, General Commercial Zoning District with an approved special use permit and at least 1,000 linear feet from the property line of any child day care center or public, private, or parochial school. EXECUTIVE SUMMARY: On July 30, 2024, City Council adopted an amendment to the Zoning Ordinance which limits recreational substance retail uses to the M-1, Light Industrial Zoning District after a special use permit is granted and if the use is at least 1,000 feet from a child day care center or school. The Planning Commission recommended approval of this amendment on June 6, 2024, but had recommended the use be allowed in the B-2, General Commercial District in addition to the M-1 District. The applicant has filed a petition for City Council to reconsider permitting the use in the B-2 District which would allow a recreational substance retail establishment use of the applicant’s property at 3209 South Crater Road if a special use permit is granted. Staff recommends approval of the text amendment as requested. CHRONOLOGY OF EVENTS: 1. June 6, 2024 – Planning Commission recommended approval of a text amendment which would limit recreational substance retail uses to the B-1, B-2 and M-1 zoning districts with an approved special use permit. 2. July 30, 2024 – City Council approved the text amendment with a change limiting the use to only the M-1 zoning district with a special use permit. 3. January 30, 2025 – Staff received petition by applicant to amend the Zoning Ordinance by allowing recreational substance retail uses in the B-2 district with a special use permit. 22 BACKGROUND: The Zoning Ordinance defines recreational substances as 1) any product made of tobacco including cigarettes, cigars, smokeless tobacco, and pipe tobacco, 2) any noncombustible product containing nicotine or vaping fluid that employs a heating element, power source, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from a solution or other form, or 3) any product, including any raw materials from hemp that are intended to be consumed by inhalation. A recreational substances retail use, commonly referred to as a ‘vape’ or ‘tobacco’ shop is any business whose operation involves “ the retail sale of Recreational Substances and includes recreational substances as 25% or more of its total inventory or 15% or more of its total display shelf area.” Due to concerns over the growing number of recreational substance retail establishments in the city, Planning Staff were directed to present an amendment to the Zoning Ordinance in 2024 to limit these uses. Staff drafted a text amendment which would require a special use permit for a recreational substance retail establishment and restrict the use to the B-1, Shopping Center, B-2, General Commercial, and M-1, Light Industrial zoning districts as well prohibiting the use within 1,000 linear feet of the any property with a day care center or school. Planning Commission recommended approval of the text amendment as drafted, but before adopting the amendment, Council changed the text language to only allow the use in the M-1 District with a special use permit and subject to the separation from day care centers and schools. Prior to the text amendment, these uses were allowed in all of the city’s commercial zoning districts as well as the mixed-use and industrial districts with no additional regulations. The applicant owns several commercial properties in the city and rented space at 3209 South Crater Road to a tenant who intended to open a recreational substance retail establishment, or vape shop at the property, which is in the B-2 zoning district. The applicant and tenant were unaware that this use was no longer allowed in the B-2 District and the applicant and the tenant has completed renovations to the store with the intention to open and operate a vape shop at the location. Upon learning that the use is not allowed at that location, the applicant has filed a petition to have the Zoning Ordinance amended to allow recreational substance retail in the B-2 District as well as the M-1 District. If approved, a special use permit would still be required for any recreational substance retail establishment and they would still be prohibited within 1,000 feet of day care centers or schools. The application states that allowing recreational substance retail uses in the B-2 District would be of economic benefit to the city as they would generate tax revenue as well as benefit surrounding businesses by drawing in more shoppers. The application states that these establishments are allowed in commercial districts in neighboring localities and that regulations at the State level are favorable to these uses. The applicant states the proposed amendment will allow vacant retail spaces to be filled and bring business to the city. 23 The application was accompanied by a letter from the applicant detailing the request as well as photos showing the renovations by the tenant of 3209 South Crater Road. Please note the regulations proposed and existing in the Zoning Ordinance pertain specifically to tobacco, nicotine, and hemp products that are consumed through inhalation. Retail sale of marijuana products is not currently legal in Virginia and edible products derived from hemp are regulated at the Federal Level, superseding local regulations. COMPREHENSIVE PLAN CONSIDERATIONS: While the Comprehensive Plan does not provide guidance specific to recreational substance retail use, the plan does stress the importance of healthy citizens and communities. Public health is identified as one of the key themes of the plan, which commits the City to making decisions “intended to advance public health and safety” over the next 20 years. While there are considerations for a diverse economy and support for retail in general, public health was the major focal point of the amendment passed in 2024 with the goal of limiting the prevalence of recreational substance retail uses. RECOMMENDATION: Staff recommend approval of the requested text amendment. Staff acknowledge that in some instances, tobacco and vape shops may be an acceptable retail use in the General Commercial District but note a special use permit should be required to analyze each proposed establishment and apply any conditions that may be needed to mitigate negative impacts. This is reflected in the proposed amendment and matches staff’s original recommendation pertaining to recreational substance retail uses. ATTACHMENTS Presentation Application with request letter and images of 3209 South Crater Road tenant space Resolution Draft Amendment - Article 23. Supplementary Use Regulations – Special Uses Zoning Ordinance Excerpt – B-2 District Purpose 24 PLANNING 2025-ZTA-03: Consideration of a resolution recommending COMMISSION approval of a request by Crater Center, LLC to amend the Zoning Ordinance of the City of MEETING Petersburg to allow recreational substance retail uses in the B-2, General Commercial Zoning MARCH 6, 2025 District with an approved special use permit and at least 1,000 linear feet from the property line of any child day care center or public, private, or parochial school. 25 Background ◦ June 6, 2024- Planning Commission recommended approval of a text amendment which would limit recreational substance retail uses to the B-1, B-2 and M-1 zoning districts with an approved special use permit and prohibit them within 1,000 feet of day care facilities or schools. ◦ July 20, 2024 - City Council approved the text amendment with a change limiting the use to only the M-1 zoning district with a special use permit. ◦ Recreational substances are defined as tobacco products, nicotine and vaping products, and any hemp products consumed by inhalation 26 Request •Applicant owns several commercially-zoned properties, including 3209 South Crater Road; space was leased to tenant with intent of opening a recreational substance retail establishment (vape/tobacco shop) •Applicant is requesting Zoning Ordinance language be modified to allow the use in the B-2 District subject to the SUP and distance from day care centers and schools: Article 4. Special uses enumerated: • Recreational Substances Retail (both off-site and on-site use) located at least 1,000 linear feet from the property line of any child day care center or public, private, or parochial school, such to be permitted within the B-2 and M-1 Districts only. 27 Comprehensive Plan Considerations •Comprehensive plan encourages a diverse economy and support for retail in general, public health was the major focal point of the amendment passed in 2024 with the goal of limiting the prevalence of recreational substance retail uses. •Comprehensive Plan stresses the importance of healthy citizens and communities. Public health is identified as one of the key themes of the plan, which commits the City to making decisions “intended to advance public health and safety” over the next 20 years. 28 Additional Considerations •Regulations proposed and existing in the Zoning Ordinance pertain specifically to tobacco, nicotine, and hemp products that are consumed through inhalation; retail sale of marijuana products is not currently legal in Virginia and edible products derived from hemp are regulated at the Federal Level, superseding local regulations. •Tobacco and vape shops may be an acceptable retail use in the General Commercial District at certain locations, but special use permit is required but to analyze each proposed establishment for appropriateness and apply any conditions that may be needed to mitigate negative impacts. 29 Planning Commission Options •Recommend approval of the text amendment as drafted •Recommend denial of the text amendment •Recommend approval of the text amendment with changes Staff Recommendation: Approval of text amendment as drafted 30  City of Petersburg Department of Planning and Community Development PROCEDURES FOR PETITION FOR ZONING ORDINANCE AMENDMENT 1. Applicant files petition with the Petersburg Department of Planning and Community Development, City Hall, 135 N Union Street, Petersburg, Virginia 23803. 2. The Filing fee for Petitions for Zoning Ordinance Amendment is $1,500. A Check or Money Order made payable to the City of Petersburg is to accompany the application. 3. The Department of Planning and Community Development Staff will refer the petition to the Planning Commission to hold a public hearing and consideration the petition. Department of Planning and Community Development staff shall advertise the public hearing twice during a fourteen-day period, and the Planning Commission will hold a public hearing, and make a recommendation to the City Council regarding the petition. 4. The City Council schedules then advertises a public hearing regarding the petition. 5. The City Council holds a public hearing then considers the petition with the Planning Commission recommendation and renders a final decision to approve or disapprove the petition. PLEASE NOTE: The Zoning Ordinance Amendment process may take up to three months. 1 31  PETITION FOR ZONING ORDINANCE AMENDMENT RETURN TO: DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT (CITY HALL, THIRD FLOOR, ROOM 304) FILING FEE: $1,500 (CHECK OR MONEY ORDER) AT THE TIME OF SUBMITTAL CASE NUMBER: APPLICANT: Bryan Robinson (Crater Center, LLC) ADDRESS: 3209 S. Crater Road, Petersburg, VA 23805 I, Bryan Robinson hereby petition for a zoning ordinance amendment for Section 4(37), Article 23 of the Zoning Ordinance A. DESCRIPTION OF PROPOSED AMENDMENT To amend the 6th whereas clause of Ordinance #24-ZTA-03 which was adopted July 30, 2023 as follows: Current Language: “Whereas the City Council desires to allow the use in the M-1 Light Industrial District only, and subject to the approval of a Special Use Permit; Proposed Amended Language: Whereas the City desires to allow the use in both B-2 General Commercial as well as M-1 Light Industrial Districts only, and subject to the approval of a Special Use Permit” B. JUSTIFICATION FOR ZONING ORDINANCE AMENDMENT 1. The proposed amendment is in the interest of the public health, safety, morals and general welfare of the community because: (Provide a detailed statement of reasons why the proposed amendment should be granted). In its recommendation to City Council, the Planning Commission initially recommended that B-2 General Commercial be included in the Ordinance. The Planning Commisison recommendation came after a careful, well vetted, and thorough study. Indeed, the Planning Commission felt that it was appropriate for B-2 General Commercial to be included for a recreational substance retail store/Vape store. 3209 S. Crater Road is in fact located in a B-2 General Commercial Zone. Accordingly, the proposed Amendment is consistent with what the Planning Commission initially requested of City Hall. 2. The material impact of the proposed amendment will not be detrimental to the public welfare of the City because: In years past, perhaps a “Vape Store” or “Marijuana Store” was considered seedy and unbecoming. That is no longer the case. The Virginia General Assembly has now legalized marijuana and marijuana related products and 2 32  has given it’s unconditional blessing to Vape Stores. There is no logical reason that a Vape Store should be limited to M-1 Light Industrial District in these enlightened times. With the new Casino coming to Petersburg, Petersburg is a growing vibrant and blossoming city with unlimited potential. The contiguous Counties and Cities of Chesterfield, Colonial Heights, Hopewell, Henrico County, Chesterfield County recognize this and now allow retail Vape Stores in regular B-2 General Commercial Districts. Petersburg Should do likewise. Finally, the Vape Retail Store will comply with all revisions of the Virginia Code. The interior of the building has already been built out into a very attractive retail setting environment (see attached pictures). If this Vape Store is allowed to operate, it will attract many retail customers to the 3000 block of S. Crater Rd. who are desirous of purchasing a Vape product. These customers currently must travel to either Hopewell or Colonial Heights – two (2) jurisdictions that already allow Vape Stores in a B-2 General Commercial area. The positive economic impact on contiguous business establishments and the resulting tax revenue is self-evident. 3. The proposed amendment will be advantageous to the City and benefit the welfare of the general public because: (Specify reasons to substantiate this statement). The economic and tax revenue benefits to the City of Petersburg are self-evident. Currently, individuals who are desirous of purchasing Vape related products must travel to the Cities of Colonial Heights and/or Hopewell where vape products can be purchased in a B-2 General Commercial District. It is generally agreed and assumed that Customers that visit one retail store in a strip center often visit other stores in the contiguous area for their retail needs. Accordingly, not only is the Vape store losing customers but other retail establishments in the 3000 block of Crater Rd. are also suffering. 4. Describe your experience with the ordinance section in question (Provide references and/or examples). I am a long-time retail resident of the City of Petersburg and have operated retail stores within the City of Petersburg for years. I love this city and I want to see it continue to grow (see attached letter for further info). My tenant, Mr. Banaga, intends to sell Vape products of the highest quality and in full compliance with all Virginia Code Sections and City Ordinances. I sincerely believe that Mr. Banaga can create a retail Vape Store environment that will not only be attractive, but will invite upscale retail clients to not only my store as well as other stores in the 3000 block of Crater Rd. 3 33 34 35 36 37 38 39 40  A RESOLUTION RECOMMENDING APPROVAL OF AN ORDINANCE AMENDING AND READOPTING ARTICLE 23. – SUPPLEMENTARY USE REGULATIONS – SPECIAL USES AS SET FORTH IN THE ZONING ORDINANCE OF THE CITY OF PETERSBURG FOR THE PURPOSE OF ALLOWING RECRETAIONAL SUBSTANCE RETAIL USES IN THE B-2, GENERAL COMMERCIAL ZONING DISTRICT SUBJECT TO APPROVAL OF A SPECIAL USE PERMIT AND AT LEAST 1,000 LINEAR FEET FROM THE PROPERTY LINE OF ANY CHILD DAY CARE CENTER OR PUBLIC, PRIVATE, OR PAROCHIAL SCHOOL WHEREAS, the City of Petersburg Zoning Ordinance includes Article 23. –Supplementary Use Regulations – Special Uses which specifies uses that are permitted in the city with the issuance of a special use permit; and WHEREAS, recreational substance retail uses are currently only allowed within the M-1, Light Industrial Zoning District subject to the approval of a special use permit and at least 1,000 linear feet from the property line of any child day care center or public, private, or parochial school; and WHEREAS, the City received a petition by Crater Center, LLC, owner of property at 3209 South Crater Road to amend Article 23 to also allow recreational substance retail uses in the B-2, General Commercial Zoning District subject to the approval of a special use permit and at least 1,000 linear feet from the property line of any child day care center or public, private, or parochial school; and WHEREAS; the PetersburgNEXT Comprehensive Plan is supportive of a diverse economy with varied retail uses, but also encourages efforts intended to advance public health; and WHEREAS; the Planning Commission acknowledges that in some instances, tobacco and vape shops may be an appropriate retail use in the General Commercial District but should be subject to the approval of a special use permit to analyze each proposed use and apply any conditions that may be needed to mitigate negative impacts; and WHEREAS, pursuant to the requirements of Titles 15.2-2204 and 15.2-2285 of the Code of Virginia, as amended, a public hearing was advertised and held, in accordance with applicable laws. NOW THEREFORE BE IT RESOLVED that the Planning Commission does hereby recommend approval of an ordinance amending and readopting Article 23. – Supplementary Use Regulations – Special Uses as set forth in the Zoning Ordinance as indicated in Exhibit A. 41  PART II - CODE APPENDIX B - ZONING ARTICLE 23. SUPPLEMENTARY USE REGULATIONS—SPECIAL USES ARTICLE 23. SUPPLEMENTARY USE REGULATIONS—SPECIAL USES Section 1. [Procedure for obtaining special use permit.] Recognizing that certain uses may be desirable when located in the community, but that these uses may be incompatible with other uses permitted in a district, certain special uses listed in section 4, below, when found to be in the interest of the public health, safety, morals and general welfare of the community, may be permitted in any district from which they are prohibited. Before the location or establishment thereof, or before any change of use of the premises existing at the time of the effective date of the regulations, or permitted as herein provided, is made, preliminary plans in sufficient detail, and a statement as to the proposed use of the buildings, structures and premises, shall be submitted to the planning commission. The commission shall hold a public hearing as provided in article 28, and shall review such plans and statements and shall, after a careful study thereof and of the effect that such buildings, structures or uses will have upon the surrounding territory, submit a recommendation to the city council within thirty (30) days following said hearing. Following receipt of the commission's report, the city council may permit such buildings, structures or uses, where requested; provided, that the public health, safety, morals, and general welfare will not be adversely affected, that ample off-street parking facilities will be provided, and that necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values. Section 2. [Qualification of nonconforming use as special use.] Any special use listed in section 4, below, existing at the effective date of these regulations, shall be considered a nonconforming use, unless it has qualified as provided above, and has been approved as a "special use" by the city council. Section 3. [Additions or alterations to special uses.] When [such changes are] found to be in the interest of the public health, safety, morals, and general welfare, the board of zoning appeals is hereby authorized to approve any and all additions or structural alterations to special uses after they have qualified and have been approved by the city council. Section 4. Special uses enumerated. The following special uses may be approved by the council, as provided in this article: (1) Airports and landing fields; (2) Circus or carnival grounds, temporary for a specified period; (3) Drive-in theater; (4) Fairgrounds; (5) Public utilities or public service uses, buildings, structures or appurtenances thereto, including limited off-street parking adjoining, or adjacent to, the property when located in a residence district; provided no business involving the repair, servicing or sale, or display of vehicles shall be conducted on such parking area; and no structures, including signs, will be erected on the parking area; and no charge will be made for parking within the premises; and the parking will be set back from the street in keeping with the existing front and side yard regulations of the residence district; (6) Public or government buildings; EXHIBIT A Page 1 of 7 42 (7) Hospitals or sanitariums; (8) Cemetery; (9) Sports arena or stadium; (10) Race track; (11) Radio or television tower or broadcasting station; (12) Child care centers in residential district. (13) Bed and breakfast inn in R-3, R-4, R-5, and RB districts meeting the following requirements: (a) Permitted capacity of two (2) persons per sleeping room, not to exceed a maximum of twenty (20) persons per structure; (b) One-half (½) off-street parking space per sleeping room; (c) Resident-manager on premises; (d) Permitted sign area not to exceed two (2) square feet; (e) Other requirements as deemed necessary to provide for the protection of surrounding property, persons, and neighborhood values. (14) Operations involving shredding, cutting or otherwise processing of used or discarded tires, or operations involving the storage, distribution, or sale of used tires or discarded tires, even if such operation is ancillary to the main use of the site. Notwithstanding any other regulations within this article, these uses may only be permitted in M-1 and M-2 zoning districts. (15) Nightclub in B-2 and M-1 zoning district only and subject to the following conditions in addition to any others necessary to safeguard impacts to public health, safety, morals, and general welfare: a. A nightclub shall not serve alcoholic beverages to customers between the hours of 2:00 a.m. and 6:00 a.m.; b. A menu shall be provided containing an assortment of foods which shall be made available at all times the establishment is open. A food menu and full dining service shall be available at the bar; c. No door to the establishment which opens onto or faces a public right-of-way shall be propped open during any time that entertainment is being provided; d. The establishment shall maintain a current, active business license at all times while in operation; e. The establishment shall remain current on all food beverages taxes and business personal property taxes which may become due while it is in operation; f. An application for a nightclub use shall include a management program with required elements as follows: 1. Staffing levels; 2. Floor plan showing the general arrangement and seating capacity of tables and bar facilities, dance floor, and standing room areas and capacity; this floor plan shall be posted on the premises in a prominent location viewable by patrons; 3. Total occupant load; the total occupant load shall not exceed what is permitted in the Virginia Statewide Building and Fire Prevention Codes as amended. EXHIBIT A Page 2 of 7 43  g. An application for a nightclub use shall include a security plan with provisions for the following: 1. The employment of licensed security personnel trained in crowd control, conflict resolution, and emergency response; Security personnel shall be tasked with ensuring occupancy does not exceed what is permitted; 2. Procedures, features, arrangements, and staffing levels for security and crowd management during and immediately following hours of operation. h. The establishment shall implement soundproofing measures to minimize noise within the establishment and in the surrounding area, to prevent disturbances audible beyond the property line with the doors closed; i. A special use permit granted for a nightclub use shall be subject to review two (2) years after approval for compliance with the conditions of approval. (16) Boarding, rooming, or lodging houses such to be permitted only in R-5 and B-2 zoning districts. (17) Convalescent and nursing homes such to be permitted only in R-5 and B-2 zoning districts. (18) Adult book store, adult entertainment establishment, adult motion picture theater and adult video store such to be permitted only in the B-2 zoning district. (19) Vehicle rebuilder, such to be allowed only in the M-1 and M-2 zoning districts. (20) Vehicle removal operator, vehicle storage lot, or vehicle tow lot, such to be permitted within the M-1 and M-2 zoning districts only. (21) Auto body shop and vehicle painting operations not accessory to a new-vehicle dealership such to be permitted only in the B-2, M-1, and M-2 zoning districts only. (22) Stand-alone used vehicle sales not associated with a new-vehicle dealership or not located upon the same parcel as such new-vehicle dealership, if located upon parcels of less than one acre in area, such to be permitted within the B-2 and M-1 zoning districts only. (23) Stand-alone vehicle repair, to include general automobile repair shops, truck repair shops, transmission repair shops, engine repair shops, car washes or car washing and detailing operations, and similar facilities, such to be permitted within the B-2 and M-1 zoning districts only. (24) Small engine repair shop to be allowed within the B-2 and M-1 zoning districts only. (25) Tractor-trailer service station, to be allowed within the B-2, M-1, and M-2 zoning districts only. (26) Automobile service stations, to be permitted within the B-2, M-1, and M-2 zoning districts only. (27) Boat, semi-trailer truck, or recreational vehicle dealerships, to be allowed in the B-2 and M-1 zoning districts only. (28) Contractor storage yards such to be permitted within the M-1 and M-2 zoning districts only. (29) Mulching or composting facilities or yards such to be permitted within the M-1 and M-2 zoning districts only. (30) Mini-storage facilities or self-storage facilities such uses permitted within the B-2, M-1, and M-2 zoning districts only. (31) Homeless shelter. (32) Private Jails, halfway houses, or private prisons, whether for-profit or non-profit, such to be permitted within the B-2 zoning district only. (33) Hotels and motels providing fewer than forty-five (45) guest rooms, such to be permitted within the B- 1, B-2, B-3, and MXD-2 Districts only. EXHIBIT A Page 3 of 7 44 (34) Mobile home sales or the sales, storage, or display of modular housing units or mobile homes, such to be permitted within the M-1 District only. (35) Height waiver for commercial uses including, but not limited to, hotels, offices, and other retail or commercial uses that have been determined by city council to promote and further the city's long-term economic needs and which have been determined by city council to be consistent with the city's strategic plan and goals. (36) Professional and Business Offices in the R-3 (Two-Family Residence) district, with the following conditions: a. Operating hours limited to 7:30 a.m. to 7:00 p.m. Monday-Saturday; b. No exterior alterations to the residence; c. Not transferable; d. If in a historic district; signage requires approval from ARB, all signage limited to an aggregate of fifteen (15) square feet; e. No more than two (2) employees; f. 4,500 square foot minimum size of the main structure with the use limited to the first floor of the residence, and the business and professional use not to exceed fifteen hundred (1,500) square feet of the first floor area; g. Three (3) Off-street parking spaces provided on-site. (37) Multiple dwellings as authorized in and controlled by the "R-5" Multiple Dwelling, such special use permits to be allowed only in the B-2 and B-3 districts. (38) Recreational Substances Retail (both off-site and on-site use) located at least 1,000 linear feet from the property line of any child day care center or public, private, or parochial school, such to be permitted within the B-2 and M-1 Districts only. (39) Small box discount stores, such to be permitted within the B-1, B-2, B-3, M-1, MXD-1, and MXD-2 Districts only, , with the following conditions in addition to any others necessary to safeguard impacts to public health, safety, morals, and general welfare: a. A new small box discount store shall be located at two (2) miles from any existing small box discount store; b. A minimum of ten (10) percent of floor space shall be dedicated to the sale of fresh foods as defined by the United States Food and Drug Administration (40) Short-term loan establishments, such to be permitted within the B-2 and M-1 Districts only, with the following conditions in addition to any others necessary to safeguard impacts to public health, safety, morals, and general welfare: a. The short-term loan establishment shall be located at least two thousand (2000) feet from any parcel occupied by an adult entertainment establishment; b. The short-term loan establishment shall be located at least two thousand (2000) feet from any residential zoning district or existing residential use; c. The short-term loan establishment shall be located at least-two thousand (2000) feet from any parcel occupied by a religious assembly or institution; a school or child-care center serving students in grades K-12; a public park, public playground, or public recreation and community building; or a public library; d. The short-term loan establishment shall be located at least two thousand (2000) feet from another short-term loan establishment EXHIBIT A Page 4 of 7 45  (41) Data centers which cannot meet the standards of Article 17 Section 2.3 or Article 18 Section 2.6, such to be permitted within the M-1 and M-2 Districts only. (Ord. No. 19-41, 9-17-2019; Ord. No. 19-44, 9-17-2019; Ord. No. 23-20, Exh. A, 3-21-2023) Editor's note(s)—Ord. No. 23-20, adopted March 21, 2023, set out provisions intended as subsection (36). Inasmuch as there were already provisions so designated, said ordinance has been codified herein as subsection (37) at the discretion of the editor. Section 4.1. Special use permits for communication towers; criteria and procedures. (1) Definitions. a. Antenna. Any exterior apparatus designed for radio, telephone or television communications through the sending and/or receiving of electromagnetic waves. b. Co-locate. To locate on an existing structure with another user of that structure. For this purpose, structure includes but is not limited to existing telecommunication towers, power or telephone poles, light poles, water towers, buildings, or similar structures. c. Communication tower. A free-standing structure more than six feet in height, or a structure erected on a building and extending more than ten feet above the roof line thereof on which are mounted antennas, receivers, transmitters or other devices for the receipt or transmission of broadcast of cable television, microwave, radio, telephone, open video, PCS (personal communication system) or other communication signals. For purposes of this section, single use, noncommercial antennas shall be excluded from this definition and shall be limited in accordance with other applicable provisions of this Ordinance. (2) Special use permit requirement. Notwithstanding Section 4 of Article 23, or any other provision of this zoning ordinance, no communications tower shall be erected on any property in any zoning district until a Special Use Permit has been issued for such tower. No such permit shall be required to co-locate an antenna on an existing structure so long as the addition of said antenna shall not add more than ten (10) feet to the height of said structure and shall not require additional lighting pursuant to FAA or other applicable requirements. (3) Criteria. In evaluating an application for a Special Use Permit for a telecommunications tower the Planning commission shall apply criteria set forth in the document titled "Guidelines for Use by the Petersburg Planning Commission for the Siting of Telecommunications Towers Through the Special Use Permit Process." Said document is incorporated by reference into this ordinance. In addition, the Planning Commission and the City Council shall examine and apply the following criteria: a. The availability and technical and economic feasibility of using existing communications towers in the city or neighboring localities to co-locate the communications facilities required by the applicant. b. If the proposed tower is freestanding, the feasibility of using an alternate location on top of an existing multi-store structure. c. The visual and economic impact of the proposed tower on adjoining and nearby residential and commercial properties. d. The proximity of the proposed location to designated historic structures or districts, within the guidelines of Section 106 of the National Historic Preservation Act of 1966. (4) Site plan required. A site plan to scale shall be filed with the application for a Special Use Permit. The application, including the site plan, shall be submitted to the Clerk of Council. Said site plan shall be signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency, tower height requirements, tower type, guy anchors (when used), buildings, scaled elevations and other supporting drawings, calculations and documentation of other accessory uses; vehicular access, parking, fencing and screening, landscaping, EXHIBIT A Page 5 of 7 46  zoning, ownership, and use of adjoining properties and any other information deemed appropriate by the Director of Planning. In addition, applicant shall provide actual photographs of the site which include a simulated photographic image of the proposed tower in its proposed setting. (5) Insurance and bond. Any Special Use Permit granted under this section shall be conditioned on the applicant's providing (a) evidence of casualty and liability insurance to protect adjacent property owners, the City, and other parties in the event of collapse, and (b) a bond in an amount sufficient to guarantee the safe and efficient removal of the communications tower in the event its use for communications purposes is discontinued for a continuous period of one year. (6) Non-discrimination among providers; access to service. It is the intent of City Council that all types of communications service be made available to citizens of the City, and that competition among providers of such services be encouraged. In applying the provisions of this section, the Planning Commission and City Council shall not unreasonably discriminate among providers of functionally equivalent communications services. No action under this section shall prohibit or have the effect of prohibiting the provision of personal wireless services or any other type of communications service. (7) Prompt consideration. All requests for Special Use Permits under this section shall be acted upon within a reasonable time after they are filed with the Clerk of Council, taking into account the nature and scope of the requests. In the case of any application for a communications tower to provide "personal wireless services" as defined in federal law, the Planning Commission shall conduct its public hearing at the first possible meeting that the request can be heard by the Planning Commission after the application is received by the Clerk of Council, and shall promptly forward its recommendation to the City Council which will take action thereon. Failure of the Planning Commission to act on an application for a telecommunications facility within ninety days of its submission to the Commission shall be deemed recommendation for approval of the application by the Commission unless the City Council has authorized an extension of time for consideration or the applicant has agreed to an extension of time. The City Council may extend the time for action by the Planning Commission for no more than sixty additional days. If the Commission has not acted on the application by the end of the extension, or by the end of such longer period as may be agreed to by the applicant, the application is deemed recommended for approval by the Commission. Except as may otherwise be required by State or Federal law, the time limitations contained in this subsection shall be the sole controlling limitations relating to Planning Commission consideration of requests for permits for communication towers. (8) Explanation of denial. If the City Council denies an application for a permit under this section, it shall furnish the applicant a written explanation of its reasons, citing specific evidence in its or the Planning Commission's written records, and including measures, if any, which the applicant may take in order to make the proposed communications tower location acceptable to the City Council. EXHIBIT A Page 6 of 7 47 Section 5. [Restrictions upon accessory buildings, cellars and basements.] No accessory building shall be constructed upon a lot until the construction of the main use building has been actually commenced. No accessory building shall be used unless the main building on the lot is also being used. No cellar or basement shall be used as a dwelling prior to substantial completion of the dwelling of which it is a part. EXHIBIT A Page 7 of 7 48  B-2, General Commercial District [Purpose.] The regulations set forth in this article, or set forth elsewhere in this ordinance when referred to in this article, are the regulations in the "B-2" General Commercial District. The purpose of this district is to provide sufficient space in appropriate locations for all types of commercial and miscellaneous service activities, particularly along certain existing major streets where a general mixture of commercial and service activity now exists, but which uses are not characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or the nuisance factors of dust, odor and noise associated with manufacturing. Created: 2024-10-28 16:42:13 [EST] (Supp. No. 19, Update 3) Page 1 of 1 49 50 51 52 53 54 55 56