Because of their nature, size, unique characteristics, particular demands on public facilities and resources, and the potential for substantial impact on neighboring properties, the surrounding area, and the general public, certain proposed uses will require a close consideration of whether a specific use should be permitted in a particular location within a zoning district, and if so, what special conditions or safeguards should be applied to protect the overall public welfare.

No temporary or permanent use of land, buildings, or structures, except such uses as are expressly permitted under this Code as a matter of right or permitted by a special use permit by the board of zoning appeals within the applicable zoning district shall be permitted within such district, except such use or uses as may be permitted by the town council as a conditional use pursuant to the provisions of this article IX.

Requests for a "conditional use", within a district as provided for, will be granted, denied, or granted conditionally, by the town council, in accordance with the following provisions:

(1)

Procedure.

a.

A request for a conditional use permit may be submitted to the town council through the zoning administrator by the property owner, his agent, the contract purchaser, or optionee of the property upon which the proposed use will be located.

b.

A site development plan, in accordance with section 9.4, shall accompany the request.

c.

The zoning administrator or other designated agent shall review the application, visit the site, request additional information from the applicant, as needed, and request review and comments by other local and/or state or federal agencies or officials, as needed, and formulate a staff review to the planning commission.

d.

The planning commission shall review the request, site plan, staff review, and any other reports or comments, visit the site as necessary, determine any additional information necessary for the review, and meet with the applicant prior to a public hearing, if requested. The commission shall conduct a public hearing after notice in accordance with Code of Virginia, § 15.2-2204, as amended, after which it shall recommend that the request be granted, denied, or granted conditionally.

e.

Prior to the public hearing, the applicant shall submit to the planning commission proof of notification of nearby property owners. Notice sent by certified mail to the last known address of such owner as shown on the current real property tax assessment books of the county shall be deemed adequate compliance with the requirement. The provision of the notice shall be the responsibility of the owner or agent. No conditional use permit shall be considered by the planning commission within ten days of any such notice. The notice shall state: the type of use proposed, the date of submission, the specific location of the proposed development and the appropriate town office where the application and attachments may be reviewed. ("Nearby" shall be defined as within 500 feet of the boundary of the applicant's parcel; except where there are more than 15 property owners within 500 feet, in which case notification of only the adjoining property owners will be required).

f.

The planning commission shall forward its recommendations, and all related materials, to the town council, which shall conduct a public hearing after notice in accordance with Code of Virginia, § 15.2-2204, after which the town council shall grant, deny, or grant conditionally the proposed conditional use.

g.

Any changes or modifications to requests or site plans made by the applicant prior to action by the town council shall be reviewed by the administrator to determine if such changes require initiation of a new or separate application and review process.

h.

Following action by the town council, the applicant shall be notified in writing of the council's determination, including such conditions, limitations, and other requirements imposed by the council, or the reasons for denial.

i.

A conditional use permit may be revoked by the town council if the town council determines that there has not been compliance with the terms, conditions or uses specified in the granting of the permit. Such determinations will be made after the same notice and public hearing requirements specified in Code of Virginia, § 15.2-2204.

(2)

Standards. In considering recommendations and actions on conditional use requests, review standards shall include, but not be limited to, the following guidelines:

a.

The proposed use and/or structure is permitted under the zoning district's provisions with a conditional use permit.

b.

The proposed use and/or structure will not adversely affect the health or safety of persons residing or working in the neighborhood.

c.

The proposed use and/or structure will not tend to change the character of, or the established pattern of development within the zoning district in which it will be located, considering the size and location of the proposed use, the nature and intensity of the operation to be conducted, the site design, and its relation to the surrounding area and roads giving access to it.

d.

The proposed use, structure(s) and overall development will be in conformance with all other provisions of this chapter, except as may be modified by the town council in writing and/or as shown on the approved final site plan, as well as in general conformance with the comprehensive plan as adopted by the town council.

e.

That adequate utilities, access roads, drainage or other necessary facilities have been or are being provided.

f.

That adequate measures have been or will be taken to provide ingress and egress which will be designed to minimize traffic congestion on the public's streets and roads.

g.

That the conditional use, in all other respects, conforms to the applicable zoning district regulations in which it is located, except as such regulations may, in each instance be modified by the town council, in writing and/or as shown on the approved final site plan.

(3)

Conditions and bonds. The town council shall consider and may impose conditions, limitations, or other special requirements as it deems necessary to protect the public health, safety and general welfare, such as, but not limited to, the following:

a.

Abatement or restriction of noise, smoke, dust, vibration, light, glare, odors, wastes, or other elements that may effect surrounding properties.

b.

Establishment of setback, side, front, and rear area requirements necessary for orderly development and/or expansion, and for prevention of traffic congestion, and for protection of the surrounding environment.

c.

Provisions for adequate parking, and ingress and egress to public streets and roads necessary to prevent traffic congestion and hazards.

d.

Providing adjoining property with a buffer or shield from view of the proposed use and/or structure.

e.

Other such conditions deemed necessary and desirable in consideration of the specific location, size, nature, site layout, and public access of the proposed use.

f.

Other such conditions deemed necessary and desirable to minimize adverse environmental impacts on scenic, historic, and waterfront areas or features, including abatement of air and water pollution, and water runoff and existing or potential flooding problems.

g.

Establishment of time limits for expiration, after which the conditional use permit shall no longer be valid or shall require renewal.

h.

The town council may require a bond, with or without adequate surety, in a reasonable and sufficient amount determined by the town council, to be payable to the town council to insure compliance with the terms and conditions of any conditional use permit.

(4)

Effect of approval. The issuance of a conditional use permit shall authorize the applicant to construct only such structure(s) or conduct only such uses as are specifically requested and made part of the permit. No deviations, expansion, or other changes whatsoever shall be made from the terms of the permit without the expressed written approval of the town council.

Unless otherwise specified, any conditional use permits granted by the town council shall expire one year after the date of issuance unless substantial construction or use for which said permit was granted has actually commenced, and is progressing toward completion in accordance with the approved site plan.

The town council shall not extend or renew any conditional use permit previously granted, without the applicant complying with the procedures as set for forth in section 9.4 of this article.

(5)

Reconsideration. A property owner or other applicant who has been denied a conditional use permit by the town council may not submit substantially the same application until after a period of at least one year from the date of the original denial by the town council.

Any application for a conditional use permit shall be accompanied by a site development plan, which shall include the following information:

(1)

Location of the lot or parcel by vicinity map. Site development plans shall also contain a north arrow, original date, revision dates, and graphical scale.

(2)

Property lines of the parcel proposed for development. If only a portion of a parcel is proposed for development, the limits of development line shall also be shown.

(3)

The tax parcel identification numbers of parcels proposed for development.

(4)

The name and address of the property owner and name and address of the developer, if different from the owner. The name and address of the person or firm preparing the plan shall be on the plan.

(5)

The name of adjacent property owners and the owners of any property on which any utility or drainage easement may be required in conjunction with the development. The tax parcel number for each of these properties shall also be provided.

(6)

The zoning district designation of the parcel(s) proposed for development, and the zoning designation and current land use of adjacent parcels.

(7)

The nature of the land use(s) proposed for the site.

(8)

The names, route numbers, and locations of existing and proposed public and private streets, alleys and easements on or adjacent to the site. The centerlines or boundary of adjacent rights-of-way shall also be shown.

(9)

The exact location of buildings or structures existing on or proposed for the site, including their setbacks from property lines, and the distance between buildings or structures.

(10)

The location of existing and proposed septic systems on the site.

(11)

The location, type, and size of site access points such as driveways, curb openings, and crossovers. Distances to neighboring access points, median openings, intersections, and traffic signals shall be provided. If new median cuts are proposed, their location shall also be shown.

(12)

Off-street parking areas and parking spaces including handicapped spaces, loading spaces, and walkways indicating types of surfacing, size, angles of stalls, width of aisles, and a specific schedule showing the number of spaces provided and the number required by this ordinance. Internal traffic circulation shall be addressed.

(13)

The location of existing and proposed signs on the property.

(14)

The location and type of proposed exterior lighting, including the height of poles, and type and wattage of fixtures.

(15)

An erosion and sediment control plan, where required.

(16)

A stormwater management plan, where required.

(17)

Any additional information requested by the zoning administrator.

9.5.1. Any person or persons jointly or severally aggrieved by any decision of the town council, or any aggrieved taxpayer or any officer, department, board or bureau of the town, may present to the circuit court for the county a petition specifying the grounds on which aggrieved within 30 days after the filing of the decision in the office or the town council.

9.5.2. Upon the presentation of such petition, the court shall allow a writ of certiorari to review the decision of the town council appeals and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the town and on good cause shown, grant a restraining order.

9.5.3. The town council shall not be required to return the original papers acted upon by it but it shall be sufficient to return certified or sworn copies thereof or of the portions thereof as may be called for by the writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

9.5.4. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidenced or appoint a commissioner to take evidence as it may direct and report the evidence to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

9.5.5. Costs shall not be allowed against the town, unless it shall appear to the court that, it acted in bad faith or with malice in making the decision appealed from. In the event the decision of the town is affirmed and the court finds that the appeal was frivolous, the court may order the person or persons who requested the issuance of the writ of certiorari to pay the costs incurred in making the return of the record pursuant to the writ of certiorari. If the petition is withdrawn subsequent to the filing of the return, the town may request that the court hear the matter on the question of whether the appeal was frivolous.

(Adopted 5-3-2004)