ARTICLE
8. SPECIAL USE PERMITS
Sec.
8-1. Purpose of special use permit procedure.
The purpose of the special use permit procedure is to provide
a means for the board of supervisors to authorize, after
review and subject to appropriate conditions, certain specified
uses which, although generally appropriate in the district
in which they are permitted by this Ordinance, have a potentially
greater impact on neighboring properties than those uses
which are permitted by right in the district. The special
use procedure is intended to provide the opportunity for
the planning commission and the board of supervisors to
review of each proposed special use and its potential impacts
on surrounding properties and land uses, with special regard
for the particular circumstances of each case. It is also
intended to provide an opportunity for the planning commission
to recommend and for the board of supervisors to impose
such conditions as are necessary to ensure that the use
will be compatible with the surrounding area and consistent
with the intent of the particular district and the purposes
of this Ordinance.
Sec.
8-2. Special use permit required.
A use indicated as permitted as a special use by any of
the district regulations set forth in this Ordinance shall
be authorized only upon approval of a special use permit
by the board of supervisors. No building permit or certificate
of occupancy for a special use or for a building devoted
to a special use shall be issued unless a special use permit
for such use has been approved in accordance with the provisions
of this article.
Sec.
8-3. Applications for special use permits.
Applications for special use permits shall be submitted
to the zoning administrator on forms provided for such purpose.
Applications may be filed by the owner of the property or,
with the written consent of the owner, the contract purchaser
of the property or any agent of the owner. Applications
shall be accompanied by such plans and information as required
by this article.
Sec.
8-4. Required plans.
Special use permit applications shall be accompanied by
plans, drawn to scale, and including the following information:
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A
location map showing the subject property and adjacent
streets and roads, water bodies, subdivisions, political
boundaries, zoning patterns, and the use of adjacent
properties and names of the owners;
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A
site plan of the subject property showing its boundaries,
existing and proposed buildings and uses, yards, open
spaces, pedestrian walkways, landscaping, screening
and buffering, fences, signs, access to the site, and
on-site parking and vehicular circulation;
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Easements,
water bodies, floodplains, wetlands and other natural
features, including major trees and wooded areas, and
steep slopes;
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Existing
and proposed streets, utilities and drainage facilities;
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Elevation
drawings and general floor plans of all buildings;
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In
the case of a special use application for any mineral
extraction activity for which a permit to conduct mining
and reclamation operations is required by applicable
state law, the application for the special use permit
shall include copies of such information and such elements
of the permit application materials, including the proposed
postmining land use and reclamation plan, required for
permits by the pertinent state regulatory agency as
deemed necessary by the planning commission for the
purposes of enforcing the provisions of this Ordinance.
Upon direction from the planning commission, the zoning
administrator may waive any of the special use permit
plan requirements set forth elsewhere in this section
when plans and information contained in the state permit
application materials provide the information necessary
for review and action on the special use permit application.
In addition to the above, the zoning administrator may require
such other information as deemed necessary to determine
compliance with the provisions of this Ordinance and to
evaluate potential impacts of the proposed special use.
The zoning administrator may waive such plan elements as
deemed unnecessary to determine compliance with the provisions
of this Ordinance, to evaluate the potential impacts on
surrounding properties and to establish an adjacent record
of the application. Plans shall be submitted in such numbers
as determined by written policy of the planning commission.
Sec.
8-5. Procedure for review and approval.
8-5.1. Review by zoning administrator. Within thirty
(30) days of receipt of a special use permit application
and after review of same, the zoning administrator shall
forward to the planning commission the application, plans
and related materials. The zoning administrator shall also
submit to the planning commission a report indicating the
manner in which the proposed special use complies or does
not comply with the applicable provisions of this Ordinance
and any recommendations the zoning administrator may have
regarding approval, disapproval or conditions to be attached
to the proposed use or plans.
8-5.2. Action by planning commission.
-
After
receiving a special use application, the planning commission
shall hold a public hearing thereon. The commission
shall give notice of such hearing as required by the
provisions of section 15.1-431 of the Code of Virginia,
1950, as amended.
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After
conducting a public hearing and reviewing the application
for compliance with the provisions of this Ordinance,
the planning commission shall make a recommendation
to the board of supervisors. The commission may recommend
approval or disapproval, or that additional requirements
or conditions be attached in accordance with section
8-6 of this article. The commission shall take action
and forward a report to the board of supervisors within
sixty (60) days after its public hearing, unless the
applicant requests additional time to consider or to
prepare revised plans.
8-5.3. Action by board of supervisors. Upon receiving
the recommendation of the planning commission, the board
of supervisors shall give notice as required by the provisions
of section 15.1-431 of the Code of Virginia, 1950, as amended,
and hold a public hearing on the application. The board
of supervisors may approve or disapprove the application,
may accept or modify the conditions recommended by the planning
commission, or may attach additional conditions consistent
with the provisions of section 8-6 of this article. The
board of supervisors may also refer the application back
to the planning commission for further consideration or
advice, and in which case shall specify a time period within
which the commission shall report. The action of the board
of supervisors shall be by resolution which shall be set
forth in writing and preserved among its records.
Sec.
8-6. Standards and guidelines.
8-6.1. Standards for approval. A special use permit
shall be approved only when the board of supervisors is
satisfied that the use and the operation thereof: Will not
be in conflict with the objectives of the comprehensive
plan; will not adversely affect adjoining and surrounding
property; will not unreasonably impair light and air, convenience
of access or safety from fire, flood and other dangers;
will not create or unreasonably increase congestion on adjacent
streets; will not overburden utilities, public facilities
or public services; will not adversely affect groundwater,
surface water or wetlands resources; will conform with applicable
requirements pertaining to erosion and sediment control;
and will not otherwise be contrary to the stated intent
and purpose of this Ordinance.
8-6.2. Factors to be considered. In evaluating and
acting upon special use permit applications, the planning
commission and the board of supervisors shall consider,
among other factors: The adequacy of utilities, access,
and necessary public facilities and services; off-street
parking and vehicular circulation; the arrangement of and
relationship among elements of the site plan; the extent
to which natural vegetation and topographic features are
to be retained; and the adequacy of separation, landscaping,
buffers, yards and other features to protect adjacent properties
from potential adverse effects of the special use.
8-6.3. Conditions may be imposed. The planning commission
may recommend and the board of supervisors may impose such
reasonable requirements and conditions as deemed necessary
to meet the guidelines set forth in this article and to
accomplish the intent and purpose of this Ordinance. In
the case of a special use application for any mineral extraction
activity for which a permit to conduct mining and reclamation
operations is required by applicable state law, the board
of supervisors may condition its approval on issuance of
the permit by the appropriate state agency and compliance
with the requirements of the state permit.
8-6.4. Compliance with district regulations. Except
to the extent that greater requirements may be imposed by
the board of supervisors pursuant to the provisions of this
article, a special use shall comply with the regulations
and standards generally applicable within the district in
which it is located and with such specific conditions for
the particular use as may be set forth in the district regulations.
Sec.
8-7. Amendments to special use permits.
Any amendment or change of substance to an approved special
use permit shall be subject to the same procedures and standards
as for a new application. Minor modifications to approved
site plans or building details may be authorized by the
zoning administrator when such modifications do not: Significantly
alter the boundaries of the property; conflict with specific
requirements of this Ordinance or conditions of the approved
special use permit; decrease the width or depth of any yard,
setback or buffer area; significantly alter points of access
to the property or the internal arrangement of site plan
elements; or have an appreciable effect on surrounding properties.
Sec.
8-8. Compliance with approved plans.
Failure to comply with approved plans or any conditions
of a special use permit shall constitute a violation of
the provisions of this Ordinance and shall be cause for
revocation of the special use permit by the zoning administrator.
Sec.
8-9. Expiration.
An approved special use permit shall become null and void
if no building permit to construct the authorized improvements
has been issued within twelve (12) months of the date of
approval by the board of supervisors. A special use permit
for which no building permit is required shall become null
and void if the use is not established within twelve (12)
months of the date of approval by the board of supervisors.
Upon written request by the applicant, the zoning administrator
may grant one (1) sixty-day extension of the expiration
date of a special use permit.
Sec.
8-10. Existing uses.
Any use permitted as a special use in the district in which
it is located and for which no special use permit has been
approved shall be considered a nonconforming use, provided
such use was legally established prior to the effective
date of this Ordinance.
Sec.
8-11. Fees.
A filing fee in such amount as established by general rule
by the board of supervisors shall be submitted with each
application for approval of a special use permit.
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