Special permit uses are those which, if not specially regulated, may have an undue impact on or be incompatible with other uses of land within or adjacent to a given zoning district. These uses either have unusual characteristics, or have characteristics which may be different from those of their immediate surroundings. Upon the granting of a special use permit by city council, these uses may be allowed to locate or expand within designated zoning districts under the standards, controls, limitations, performance criteria, restrictions and other regulations of this article.

(Ord. of 4-23-96)

(a)

A special use permit shall only be approved if the proposed use is permitted as a special use in the applicable zoning district.

(b)

All applications for special use permit shall be reviewed using the following criteria:

(1)

The proposed use shall be consistent with good zoning practice and will have no more adverse effect on the health, safety or comfort of persons living or working in the area and will be no more injurious, economically or otherwise, to property or improvements in the surrounding area than would any use generally permitted in the district.

(2)

The proposed use shall be adequately served by essential public services such as streets, drainage facilities, fire protection, and public water and sewer facilities.

(3)

The proposed use all be designated, sited, and landscaped so that the use will not hinder or discourage the appropriate development or use of adjacent properties and surrounding neighborhoods.

(Ord. of 4-23-96)

(a)

In granting any special use permit, the city council may impose such conditions as it believes necessary to accomplish the objectives of this chapter and to assure that the proposed use will conform with the requirements of this section and will continue to do so. Such standards may include, but need not be limited to:

(1)

Additional open space, landscaping or screening requirements.

(2)

Additional yard requirements.

(3)

Special lighting requirements.

(4)

Time limitations on hours of operation.

(5)

Additional off-street parking and loading requirements.

(6)

Additional utility, drainage and public facility requirements.

(7)

Additional right-of-way and public access requirements.

(8)

Additional requirements to ensure compatibility with the Comprehensive Plan.

(9)

Conditions for renewal, extension, expiration, and/or revocation of special use permit.

(b)

Unless otherwise specified by city council as a condition of approval, the height limits, yard requirements, lot area and other requirements shall be the same as for other uses in the district in which the proposed special use is to be located.

(c)

The city council may specify time limits or expiration dates for a special use permit, including provisions for periodic review and renewal.

(Ord. of 4-23-96)

(a)

The procedures for application for a special use permit are the same as those prescribed for changes and amendments in article U, except that all applications shall be accompanied with a payment of four hundred twenty-five dollars ($425.00) plus thirty dollars ($30.00) per acre and shall include the following additional information:

(1)

A preliminary site plan if any changes to the existing site are proposed.

(2)

A description of the proposed use including, where applicable, the hours of operation and the proposed number of employee/patrons.

(3)

When requested by the planning commission or the city council, the following information shall be provided by the applicant:

a.

Elevations and floor plans of the proposed buildings.

b.

A traffic impact analysis, showing the effect of traffic generated by this project on surrounding streets and neighborhoods.

(b)

If the request for a special use permit has been denied by city council, a request in substantially the same form shall not be resubmitted with one year of the date of denial.

(Ord. of 4-23-96; Ord. of 11-25-08(6); Ord. of 6-26-18(4))

(a)

No special use permit shall be approved unless the proposal has been reviewed by the planning commission as provided in article U of this chapter. Following planning commission's public hearing, the planning commission shall prepare and by motion adopt its recommendations, which may include changes in the applicant's original proposal resulting from the hearing, and shall transmit such recommendations, together with any explanatory material, to the city council. Failure of the planning commission to report within ninety (90) days after the close of its public hearing shall be deemed approval, unless the proposed special use permit has been withdrawn by the applicant prior to the expiration of such time period or the time period has been extended by mutual agreement by the city and the applicant.

(b)

Before approving a special use permit, the city council shall hold at least one public hearing as provided in article U of this chapter after which the city council may make appropriate changes to or impose appropriate conditions upon the proposed special use. Nothing herein shall preclude the city council from holding a joint public hearing with the planning commission.

(c)

A concurring vote of a majority of the members of city council shall be required to approve a special use permit.

(d)

Whenever a petitioner seeks both an amendment to the zoning ordinance and a special use permit for the same property, both or all related applications may be made and processed jointly.

(e)

Posting of property. Notwithstanding any advertising requirements imposed by the Code of Virginia, as amended, any property proposed for review due to a special use permit or any public hearing as elsewhere specified in this ordinance shall be posted for public notice as specified below. At least fourteen (14) days prior to the planning commission's public hearing on the pending application, the city shall erect on the subject property signs indicating a public hearing and a contact phone number for persons wanting more information regarding the public hearing/meeting. Such signs may not be removed until the city council has acted upon the application, and shall be removed no later than five (5) days thereafter. The city shall determine the number of signs required, placement, and type of posting; however, there shall be at least one sign posted along each public right-of-way abutting the property. Neither the commission's recommendation nor the city council's decision on a land use action shall be invalid solely due to the failure to the removal of a posted sign or failure to post a sign.

(Ord. of 4-23-96; Ord. of 5-28-02, § 5; Ord. of 11-25-08(6); Ord. of 1-24-23(1))

A special use may not be enlarged or expanded unless approved by city council through the approval procedure outlined in this article, or unless the expansion or enlargement was specifically authorized in the original approval or as otherwise permitted.

(Ord. of 4-23-96; Ord. of 7-28-15(30))

(a)

Unless a time limit is specified for a special use permit, the same shall be valid for an indefinite period of time, except that if the use or activity should cease for any reason for a continuous period of two (2) years or more, the special permit shall automatically terminate without notice and become null and void.

(b)

The approval of a new special use permit shall be required prior to any subsequent reinstatement of the use.

(c)

Whenever a special use permit is approved by the city council, the special use authorized shall be established, or any construction authorized shall be commenced and diligently pursued, within such time as the city council may have specified, or, if no such time has been specified, then within thirty-six (36) months from the approval date for residential projects and within twelve (12) months from the approval date for all other projects.

(d)

If the special use or construction has not commenced in accordance with the above provisions, then the special use permit shall automatically expire without notice and become null and void.

(e)

A special use permit shall be revocable upon written order of the city council at any time because of the failure of the owner or operator of the use covered by the permit to observe all requirements with respect to the maintenance and conduct of the use and all conditions in connection with the permit that were imposed in issuing the same. A revoked permit shall become null and void.

(Ord. of 4-23-96; Ord. of 9-24-24(5))

Any use listed as requiring approval as a special use, and which use legally exists at the effective date of the regulations of this article, shall be considered a nonconforming use unless it has been approved as a special use by the city council.

(Ord. of 4-23-96)