June 11, 2012

VIA EMAIL TO:
Ms. Lou Brown Ali, Chief of Staff, lou.ali@richmondgov.com

The Honorable City Council
City of Richmond
900 E. Broad St., Suite 200
Richmond, VA 23219 USA

Re: Ordinance 2012-74 – Special Exceptions

Dear Honorable Members of Council,

The Special Exception ordinance is on Council’s consent agenda for today. In my opinion the ordinance is unlawful, unnecessary and unwise. It should be rejected.

The ordinance is unlawful because it contains numerous provisions that Council is not authorized to adopt. The ordinance is unnecessary because it does nothing beneficial that cannot be accomplished with well-written zoning district regulations. The ordinance is unwise because it gives special treatment to some properties and harms surrounding properties.

Other cities in Virginia have legal and sensible land use regulations. The City of Hampton is a good example.  It follows the requirements of the Code of Virginia and it is practical.

Hampton recognizes that the purpose of the special use process is to protect the people and property in the neighborhood and the use must conform to the zoning regulations. The Hampton ordinance requires that the use:

(1) will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use;

(2) will not be detrimental to the public welfare or injurious to property or improvements in the neighborhood; and

(3) will be in accordance with all the current regulations of and the purpose of this ordinance, and the comprehensive plan of the City of Hampton, and all other applicable ordinances…. Sec. 20-4.

The Hampton ordinance recognizes that a “special use” is a “use” and that it means an activity occurring on the property. The Richmond ordinance contains numerous items that are not “uses.”

The Hampton ordinance recognizes that a special exception does not waive any rules. Most of the exceptions in the Richmond ordinance waive rules.

The Hampton zoning district regulations are well written. The districts include over 50 conditional uses to accommodate the potential interests of property owners and the needs of the neighborhoods. The Richmond regulations have only 16 conditional uses. Hampton has conditional uses available in every zoning district. Richmond has 30 zoning districts with no conditional uses available.

The Hampton ordinance is a good example to follow.  Before the Richmond Council takes any action, the citizens deserve to know how the proposed ordinance compares to a good ordinance. The relevant portions of the Hampton ordinance are attached in outline form and in full text form.

You might also examine the wisdom of giving the Board of Zoning Appeals authority to set building heights in most zoning districts. Council would have no power to reverse the Board’s decision.

Sincerely yours,

C. Wayne Taylor
www.CityHallReview.com

Attachments: CITY OF HAMPTON CODE.pdf

Links: City Hall – Special Exceptions

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