It is recognized in this chapter that particular uses are not necessarily incompatible with the uses traditionally associated with standard zoning districts if the proper mitigating conditions are enacted along with the proposed exception. Therefore, such uses have been designated as special exceptions. Special uses are generally consistent with the purposes of the zoning district and the uses allowed by right, but they tend to have impacts that warrant case-by-case review so that conditions may be imposed to address those impacts. Such uses are allowed in the associated districts upon the town council issuing a special use permit.

(Code 1989, § 24-92; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Amd. of 1-26-2004; Ord. of 7-22-2024(2))

An application for a special use permit may be submitted by the property owner, contract purchaser with the owner's written consent, or the owner's agent, the contract owner of the property affected, government official, department, board, or bureau. Procedures for application and review shall be as follows:

(1)

The applicant shall apply to the zoning administrator along with a check made out to the town in the amount as provided for in the fee schedule on file in the town clerk's office. Such application shall, accompanied by detailed proposed land use, a site plan from all angles with measurements, structures, and landscaping, and an impact study of traffic, notice, and impact on adjacent property. Accompanying maps showing the siting of the proposed use will be required.

(2)

The zoning administrator shall review the application for completeness, visit the site, and may request additional information or review by other agencies. The administrator shall transmit a copy of the collected information to the planning commission, which will formulate a recommendation to the town council.

(3)

Written notice shall be given at least five days before the public hearing by hand delivery to all abutting property owners and property immediately across the street or road from the affected property.

(4)

The planning commission may appear with the town council at a joint public hearing unless it has held its own public hearing before the town councils.

(5)

The town council shall hold a public hearing per Code of Virginia, § 15.2-2204, to receive public comment and to decide upon the special use permit application.

(Code 1989, § 24-93; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Amd. of 2-9-1998; Amd. of 1-26-2004; Ord. of 7-22-2024(2))

(a)

The town council 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:

(1)

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

(2)

Establishing enhanced setbacks on the sides, front, and rear may be necessary for orderly expansion and preventing traffic congestion.

(3)

Provision for adequate on-site or off-site parking, ingress, and egress to public streets and roads necessary to prevent traffic congestion.

(4)

Provision for adjoining property with a buffer or shield equal to those established by the zoning district where the structure exists.

(5)

Establish a time limit for expiration, after which the permit is no longer valid or requires renewal. For short-term rental, the permit expires 36 months from the date of issuance, and the owner must apply again under the then-current requirements.

(b)

The town council may require a bond, in a reasonable amount determined by the council, to be payable to the zoning administrator to ensure compliance with the terms and conditions of any special use permit.

(c)

After due consideration, the town council shall decide and notify the applicant of its decision in writing.

(Code 1989, § 24-94; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Ord. of 7-22-2024(2))

The zoning administrator, planning commission, and town council shall consider the following in reviewing a special use application:

(1)

The proposed use and/or structure appears on the special use permit within the zoning district.

(2)

The proposed use or proposed modification of generally applicable regulations is compatible with the character of the surrounding area.

(3)

The proposed use and/or structure complies with the regulations governing individual land and special uses.

(4)

The proposed use and/or structure is consistent with good zoning practices and the town's comprehensive plan.

(5)

The proposed use and/or structure will not tend to change the character and established pattern of development of the district in which it will be located.

(6)

Environmental impact. The proposed use shall not significantly adversely impact the natural environment.

(7)

The public health, safety, morals, and general welfare will not be adversely affected.

(8)

Necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values.

(Code 1989, § 24-95; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Ord. of 1-26-2004; Ord. of 7-22-2024(2))

Effect of approval. Issuing a special use permit authorizes the applicant to construct only such structure or conduct only such uses as are specifically made part of the special use permit. No deviations, expansions, or other changes whatsoever shall be made from the term of the special use permit without the express written consent of the town council.

Resubmittal of similar denied application. An applicant may not submit an application that is substantially the same as the denied application within one year after the date of the denial.

(Code 1989, § 24-96; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Ord. of 7-22-2024(2))

Any action contesting a decision of the council under this section shall be as provided in Virginia Code.

(Ord. of 7-22-2024(2))

Notice may be made by direct posting on the property front door, regular postal delivery, email, hand delivery, or certified mail. In case the notice referred to in this section cannot reasonably be served on the owner, or when such notice is mailed to the owner's last known address as shown in the town office, and such owner fails to comply with such notice, The town manager shall, together with a $150.00 service charge per occurrence as detailed on the fine schedule, shall be collected by the town pursuant to the same procedures and in the same manner as real estate taxes and shall be a real estate tax lien upon such land.

Failure to obey the terms of the notice shall be punishable as a criminal misdemeanor with a fine of at least $100.00 but not more than $1,000.00 per violation. Each day during which the condition is ongoing shall constitute a separate offense.

The town council may revoke a Special Use Permit if the use violates any condition of approval or applicable law or regulation.

(Ord. of 7-22-2024(2))

If any section, subsection, sentence, clause, or phrase of this article is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this article.

(Ord. of 7-22-2024(2))