Intent of conditional use provisions. Conditional use provisions are intended as a means for the Town Council, after review and recommendation by the Planning Commission, to authorize certain uses which, although generally appropriate in the district in which they are permitted, have potentially greater impacts on neighboring properties than uses which are permitted by right. The conditional use permit procedure provides the opportunity for the Town Council to review each proposed conditional use and impose such conditions as reasonably necessary to ensure the use will be compatible with the surrounding area and consistent with the purposes of this chapter.

Conditional use permit required. A use indicated as permitted as a conditional use in § 171-41 of this chapter shall be authorized only upon approval of a conditional use permit by the Town Council. No zoning permit for a conditional use or for a building devoted to a conditional use shall be issued unless a conditional use permit has been approved in accordance with this Article.

Existing uses. Any use specified as a conditional use in the district in which it is located and for which no conditional use permit has been approved shall be considered a nonconforming use, provided that such use was legally established prior to the effective date of this chapter.

Submission of applications. Applications for conditional use permits shall be submitted to the Zoning Administrator and may be filed by the owner of the property or, with the written consent of the owner, the contract purchaser of the property or an agent of the owner.

Content of applications and plans.

Review by Zoning Administrator. The Zoning Administrator shall review each conditional use permit application and forward the application to the Planning Commission. At such time as requested by the Commission, the Zoning Administrator shall submit to it a report indicating the manner in which the proposed conditional use complies or does not comply with the provisions of this chapter and any recommendations the Zoning Administrator may have regarding approval, disapproval or conditions to be attached to the proposed use or plans.

Action by Planning Commission. The Planning Commission shall review each conditional use permit application for compliance with provisions of this chapter and shall provide a recommendation to the Town Council in accordance with the following:

Action by Town Council.

Following approval of a conditional use permit by the Town Council, the Zoning Administrator shall issue the necessary zoning permit.

Will not be in conflict with the objectives of the comprehensive plan for the town;

Will not be contrary to the purposes of this chapter stated in § 171-6; and

Conforms with all applicable provisions of § 171-84 of this Article and all other applicable requirements of the district in which such use is located.

In addition to the general requirements in § 171-83 of this Article, the Planning Commission and the Town Council shall consider the following factors in evaluating and acting on all conditional use permit applications: adequacy of utilities, access and public facilities and services; off-street parking and vehicular circulation; arrangement of vegetation and topographical features are to be retained; and the adequacy of landscaping, buffers, yards and other features to protect adjacent properties from potential adverse effects of the conditional use.

The following additional standards shall apply to particular conditional uses.

Any change of substance to an approved conditional use permit shall require amendment 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 chapter or conditions of the approved conditional use permit; significantly decrease the width or depth of any yard, setback or buffer area; or significantly alter points of access to the property or the internal arrangement of site plan elements.

Failure to comply with approved plans or conditions of a conditional use permit shall constitute a violation of this chapter.

Upon determination by the Zoning Administrator of any violation of a conditional use permit, such permit may be subject to revocation if the violation is not corrected within 90 days of written notice to the owner of the property by the Zoning Administrator. If the violation is not corrected within the specified period and the Zoning Administrator is not satisfied that appropriate means are being taken to correct the violation, the Town Council shall have the authority to revoke the conditional use permit after notice and hearing as provided by § 15.1-431, Code of Virginia 1950, as amended.