The purpose of the special use procedure is to provide a means for the city council to authorize, after review and subject to appropriate conditions, certain specified uses which, although generally appropriate in the district in which they are permitted by this chapter, have a potentially greater impact on neighboring properties than those uses which are permitted by right in the district. The special, use procedure is intended to provide the opportunity for the planning commission and the city council to review each proposed special use and its potential impacts on surrounding properties and land uses, with special regard for the particular circumstances of each case. It is also intended to provide an opportunity for the planning commission to recommend and for the city council to impose such conditions as are necessary to ensure that the use will be compatible with the surrounding area and consistent with the intent of the particular district and the purposes of this chapter.

(Ord. No. 1553, 5-14-07)

A use indicated as permitted subject to a special use permit by any of the district regulations set forth in Article II of this chapter shall be authorized only upon approval of a special use permit by the city council. A use for which a special use permit is required shall also be subject to the requirements of section 120.1-254 of this chapter pertaining to zoning permits. No zoning permit, building permit or certificate of use and occupancy for a special use or for a building devoted to a special use shall be issued unless a special use permit for such has been approved in accordance with the provisions of this article.

(Ord. No. 1553, 5-14-07)

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

(Ord. No. 1553, 5-14-07)

A special use permit shall be approved only when the city council is satisfied that the use and operation thereof will not: conflict with objectives of the comprehensive plan; have an undue adverse impact on adjoining and surrounding property as a result of traffic, noise, lights, dust, odor, or fumes; unreasonably impair light and air, convenience of access or safety from fire, flood and other dangers; create or unreasonably increase congestion on adjacent streets; overburden utilities, public facilities or public services.

(Ord. No. 1553, 5-14-07)

In evaluating and acting upon special use permit applications, the planning commission and the city council shall consider, among other factors: the adequacy of utilities, access and necessary public facilities and services; off-street parking and vehicular circulation; the arrangement of and relationship among elements of the site plan; the extent to which natural vegetation and topographic features are to be retained; and the adequacy of separation, landscaping, buffers, yards and other features to protect adjoining and surrounding property from potential adverse effects of the special use.

(Ord. No. 1553, 5-14-07)

Except to the extent that greater requirements may be imposed by the city council pursuant to the provisions of this article, a special use shall comply with the regulations and standards generally applicable within the district in which it is located and with such specific conditions for the use as may be set forth in the district regulations.

(Ord. No. 1553, 5-14-07)

The planning commission may recommend and the city council may impose such reasonable requirements and conditions, including limiting the duration of a special use permit, as deemed necessary to meet the guidelines set forth in this article and to accomplish the intent and purpose of this chapter.

(Ord. No. 1553, 5-14-07)

Applications for special use permits shall be submitted to the zoning administrator on forms provided by the zoning administrator for such purpose. Applications may be filed by the owner of the property or, with the written consent of the owner, the contract purchaser of the property or any agent of the owner.

(Ord. No. 1553, 5-14-07)

Special use permit applications shall be accompanied by plans in such numbers as determined by written policy of the city council. Plans shall contain such information as specified in Article VIII of this chapter pertaining to site plans. The zoning administrator shall not have authority to waive any of the plan requirements. In addition to such plans, the applicant shall submit a report with the application explaining the manner in which the proposed special use will conform to the standards and guidelines set forth in Division 2 of this article.

(Ord. No. 1553, 5-14-07)

(a)

Review by zoning administrator. Upon receipt of a special use permit application, the zoning administrator shall review the application and accompanying materials. Following review, the zoning administrator shall forward all special use permit applications to the planning commission along with a report indicating the manner in which the proposed special use complies or does not comply with the applicable 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.

(b)

Posting of signs. The zoning administrator shall post at least one sign on each property that is the subject of a special use permit application in accordance with the provisions of section 120.1-312 of this chapter.

(c)

Hearing by planning commission. The planning commission shall hold a public hearing on each special use permit application after giving public notice thereof as required by the provisions of Code of Virginia, § 15.2-2204, as amended, including the provisions of that section pertaining to written notice to affected parties.

(d)

Action by the commission. The commission may recommend that the city council adopt or reject the proposed amendment or may recommend changes in the proposed amendment. Failure of the commission to consider the amendment and report to the city council within 90 days after the first regular meeting of the commission after the amendment was referred to it shall be deemed to be a recommendation of approval, unless the city council continues its consideration of the amendment for a longer period of time or the amendment has been withdrawn by the applicant prior to the expiration of such time period hearing, unless the applicant requests additional time to consider or to prepare revised plans.

(e)

Hearing by city council. Upon receiving the recommendation of the planning commission, the city council shall give notice as required by the provisions of Code of Virginia, § 15.2-2204, as amended, including the provisions of that section pertaining to written notice to affected parties, and shall hold a public hearing on the application.

(f)

Action of city council. The city council may approve or disapprove the application, may accept or modify any conditions recommended by the planning commission, or may attach additional conditions consistent with the provisions of this article. The city council may also refer the application back to the planning commission for further consideration or advice, and in which case shall specify a time period within which the commission shall report. The action of the city council shall be by resolution, which shall include the reasons for its action and shall be set forth in writing and preserved among its records.

(Ord. No. 1553, 5-14-07)

The city council and the planning commission may hold a joint public hearing on any proposed special use permit, subject to the public notice requirements of Code of Virginia, § 15.2-2204, as amended.

(Ord. No. 1553, 5-14-07)

Any amendment or change of substance to an approved special use permit shall be subject to the same procedures and standards as for a new application. Minor modifications to an approved site plan or building detail 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 specific conditions of the approved special use permit; decrease the width or depth of any yard, setback or buffer area; significantly alter points of access to the property or the internal arrangement of site plan elements; or have any appreciable effect on surrounding properties.

(Ord. No. 1553, 5-14-07)

Special use permits shall run with the land and be binding on all future owners, unless specifically amended or repealed by the city council pursuant to the provisions of this article, provided that in its approval of a special use permit, the city council may for good cause specify a particular time at which the special use permit shall expire and become null and void.

(Ord. No. 1553, 5-14-07)

Special use permits shall be enforced in the same manner as other provisions of this chapter. Failure to comply with approved plans or conditions of a special use permit shall constitute a violation of this chapter. The city council may, after giving notice and holding a public hearing as provided by this article, revoke a special use permit if it determines there has not been compliance with its terms or conditions.

(Ord. No. 1553, 5-14-07)

Special use permits are issued on the basis of approved applications and plans, and authorize only the construction, arrangement and use set forth by such applications and plans. Any construction, arrangement or use not in compliance with that which is specifically authorized by approved applications and plans shall be deemed a violation of this chapter.

(Ord. No. 1553, 5-14-07)

An approved special use permit shall become null and void if no building permit to construct the authorized improvements has been issued within one year of the date of approval. A special use permit for which no building permit is required shall become null and void if the use is not established within one year of the date of approval.

(Ord. No. 1553, 5-14-07)

A filing fee in such amount as established by general rule by the city council shall accompany each application for a special use permit.

(Ord. No. 1553, 5-14-07)