This division provides for the approval process for special uses as a discretionary, legislative action pursuant to the Code of Virginia, § 15.2-2286. The purpose of this division is to allow flexibility for certain uses to occur if they meet specific criteria set out below and any conditions that may be deemed appropriate to eliminate or mitigate adverse impacts on adjoining property or to address other public health, safety, or welfare concerns.

(Ord. No. 20-4, 11-24-20)

Special uses within a zoning district are uses that are not permitted in a particular district except by special use permit granted under the provisions of this section. A special use permit shall be required for all special uses as set forth in the land use matrix in division 3.

(Ord. No. 20-4, 11-24-20)

Pursuant to Code of Virginia, § 15.2-2286(3), as amended, repealed, reenacted, or re-codified from time to time, the city council does hereby reserve unto itself the right to grant special use permits, subject to such suitable regulations and safeguards as may be determined appropriate for each special use.

(Ord. No. 20-4, 11-24-20)

An application for each special use permit shall be submitted to the city planning office together with an application fee as provided in the appendix to this chapter.

(1)

The application shall provide a detailed description of the proposed use or activity, including any proposed building construction and site improvements and shall include a concept site plan. It is advised that the applicant attend a pre-application meeting with the city planning staff to review requirements of the application and the review process.

(2)

The planning commission shall not recommend nor shall the city council approve any special use permit until public hearings are held by both the planning commission and the city council. The planning commission and city council may hold a joint public hearing after public notice as set forth below, and if such joint hearing is held, public notice as set forth below need be given only by the city council.

(3)

The procedures for required notice for the public hearing on such special use permit application shall be in conformity with the requirements of Code of Virginia, § 15.2-2204 as amended, repealed, reenacted, or re-codified from time to time. The applicant is required to pay the cost of the required public notice in the newspaper as well as the postage cost for the mailings to adjoining property owners.

(4)

Each such application shall be referred to the planning commission who, after due advertisement and hearing, shall make a positive or negative recommendation to the city council for final approval or disapproval. The planning commission, in determining whether to make a positive or negative recommendation, shall consider facts pertaining to the criteria listed in subsection (6) below.

(5)

The city council, after due advertisement and public hearing as set forth above, and upon recommendation of the planning commission for approval or disapproval of the special use permit, shall approve or disapprove such permit after consideration of the evaluation factors listed in subsection (6) below. The city council may also consider testimony and other evidence presented by any citizen to the council at the public hearing or at the meeting in which the permit is approved or disapproved, and upon information provided to it by city staff. The council's decision shall be final, and it shall not be bound by the recommendation of the planning commission.

(6)

The evaluation factors to be considered by the planning commission and council are:

a.

The sufficiency of streets to accommodate increased traffic flow with the considered opinion of the city engineer, city transportation planner, and any certified traffic engineer being given particular weight;

b.

The sufficiency of electrical, sewer and water services for the proposed project with the considered opinion of the city utility board being given particular weight;

c.

The sufficiency of fire, police, solid waste, and other services of the city to meet the needs of the proposed project, the opinion of the department head of each department providing such city service being given particular weight;

d.

The adequacy of protection to adjoining properties and to the air and water of the commonwealth from noise, odor, pollution and health hazards with the opinion of the state health department, state air pollution control board, and state water quality control board being given particular weight, as appropriate;

e.

The impact of the proposed project upon the property values of contiguous property owners with the opinion of the city's economic development director, a certified property appraiser, or a licensed realtor with experience within the city being give particular weight;

f.

Whether the natural topography, natural screening, or proposed screening to be put in place by the applicant is sufficient to promote the health, safety and general welfare of the community, to protect and conserve the value of contiguous properties, and to encourage the most appropriate use of contiguous properties;

g.

Any other factor materially affecting the health, safety and general welfare of citizens; and

h.

If the project is to construct a parking garage or a parking lot as a primary use of a property in the B-2 district, certain additional requirements must be met, as contained in section 50-131.

(Ord. No. 20-4, 11-24-20)

The planning commission may recommend and the city council may require certain conditions be placed on the special use permit that are deemed necessary to protect the public interest and mitigate adverse impacts on adjoining property.

(1)

These conditions may include specific site improvements or restrictions, time of operation limits, duration of permit, or other conditions related to the development of the property or operation of the activity, including that the development must be in conformity with the submitted concept plan.

(2)

As allowed by the Code of Virginia, § 15.2-2309, the council may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with.

(3)

Any conditions approved by city council shall become part of the permit and shall be binding on the original applicant as well as any successors, assigns, and heirs, unless otherwise stipulated as a part of the special use permit approval.

(4)

Where conditions are imposed in connection with residential special use permits in which conditions specify materials, methods of construction, or design features, the city council shall consider the impact of conditions on affordability of housing, as required in the Code of Virginia, § 15.2-2286(3).

(Ord. No. 20-4, 11-24-20)

The city council has the authority to revoke a special use permit if the council determines that there has not been compliance with the terms or conditions of the permit. No special use may be revoked except after notice and hearing as provided by Code of Virginia, § 15.2-2204 and including written notice to the permittee. However, when giving any required notice to the owners of abutting property and property immediately across the street or road from the property affected, the council may give such notice by first-class mail rather than by registered or certified mail.

(Ord. No. 20-4, 11-24-20)

Construction or operation shall commence within one year of the date of issuance or the special use permit shall become void.

(Ord. No. 20-4, 11-24-20)

No reapplication for a special use permit for the same or substantially the same application shall be submitted by any party for the subject property until 12 months have elapsed from the date of denial.

(Ord. No. 20-4, 11-24-20)