1.1.

Special use permits and Planning Commission permits are authorized by the terms of this Ordinance. The purpose of the special use permit procedure is to provide for certain uses which cannot be well adjusted to their environment in particular locations with full protection offered to surrounding properties by rigid application of the district regulations. These uses either have unusual characteristics, or have characteristics which are different from those of their immediate surroundings and are essential and desirable for the general convenience and welfare, but because of the nature of the use, and possible impact, not only on neighboring properties, but on a large section of the Town, require the exercise of planning judgment on location and site plan.

1.2.

The purpose of the Planning Commission permit procedure is to provide for those public uses, public structure, public utility, or public service uses upon which the Planning Commission is required to report following adoption of the Comprehensive Plan under the state enabling statutes (Section 15.2-2232 et seq., Code of Virginia, as amended), thus facilitating coordination of the purposes of state planning statutes with those of state zoning enabling legislation.

2.1.

A special use permit should be approved only if it is listed as permitted by special use permit in the district regulations and only if it is found that the location is appropriate and not in conflict with the Comprehensive Plan, that the public health, safety, morals, and general welfare will not be adversely affected, that adequate utilities and off-street parking facilities will be provided, and that necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values, and further provided that the additional standards of this Article are complied with.

2.2.

In approving a special use permit, the Town Council may impose such reasonable conditions as it believes necessary to accomplish the objectives of this Ordinance and to mitigate impacts of the proposed use. Unless otherwise specified in this Article or specified as a condition of approval, the height limits, yard spaces, lot area, and sign requirements shall be the same as for other uses in the district in which the proposed special use permit is located.

2.3.

A Planning Commission permit shall be approved only if it is found that the general location or approximate location, character, and extent thereof of the proposed public use, public structure, public utility or public service use is substantially in accord with the adopted comprehensive plan or part thereof as determined by the local commission.

3.1

The procedures for approval of special use permits and their concept plans are generally the same as those prescribed for changes and amendments in Article 12, including the public hearing and report by the Planning Commission. Concept plan standards are located in Article 13, Section 5. The area included in an approved special use permit shall be noted on the Zoning Map by means of a special symbol. Any conditions will be so noted on the Zoning Map by means of a special symbol as well.

3.2.

Prior to forwarding a recommendation to the Town Council, the Commission shall hold a public hearing on the special use or commission permit application in accord with the procedures for notice and hearing as set forth in Article 12, Section 3 of this Ordinance. The Administrator may also require the submission of plans or drawings as necessary for consideration by the Planning Commission.

3.3.

The Planning Commission shall communicate its findings to the Council, indicating its recommendation of approval or disapproval with written reasons therefore.

(Ord. of 12-14-2015(1))

Editor's note— Ord. of 12-14-2015(1) amended § 3 and in so doing changed the title of said section from "Procedure, Site Plan Required" to "Procedures, Concept Plan Required," as set out herein.

Any use listed as requiring approval as a special use permit, and which use legally exists at the effective date of the regulations of this Article, shall be considered a non-conforming use unless it has been approved by special use permit by the Town Council.

Approval of a special use permit shall comply with the specific guides and standards for particular uses which are permitted by special use permit as contained in the district regulations unless there is a specific finding by the Administrator that compliance with the standard is clearly unnecessary to the purposes of this Ordinance.

After the Town Council has approved a Special Use Permit or the Planning Commission has approved a Commission Permit, the special use permit or the commission permit so approved or granted shall lapse after the expiration of two years if no substantial construction or change of use has taken place in accordance with the plans for which such special use permit or commission permit was granted, or if the Council or Commission does not specify some longer period than two years for good cause shown, and the provision of these regulations shall thereafter govern.