Certain uses of land and buildings, designated in Article III District Regulations as special uses, may be permitted in one or more of the various districts. Such special uses are deemed to be generally appropriate to the district or districts to which they are assigned under this Ordinance, and reasonably harmonious with the uses permitted in said districts as a matter of right, provided that the location and design of the site in each case is determined by the Planning Commission to be in accord with standards herein set forth in Section 6-2.3. It is the intent of this section that the designation of certain uses as conditional for certain districts, and the procedures set forth for the review and approval or disapproval of such uses, be administered so as to further the purposes of this Ordinance and facilitate the creation of a convenient, attractive and harmonious community.

(Ord. of 10-12-2001)

6-2.1. Application for Special Use Permits. Any person desiring to use any land or building in a manner classed by this Ordinance as a special use for the district in which said land is located shall make application to the Zoning Administrator for a special use permit, pay the required application fee, and shall submit supporting maps and other documents as required by the Zoning Administrator. The required information for a special use permit application shall be consistent with the requirements for a zoning permit application in Section 8-3.3. The special use permit application shall also require an oath regarding property interest of local officials as allowed in Section 15.2-2287 of the Code of Virginia and complete disclosure of ownership as allowed in Section 15.2-2289.

6-2.2. Public Hearing and Report to Board of Supervisors.

(a)

The Zoning Administrator shall forward the application to the Planning Commission members. After a public hearing is held in accordance with Section 15.2-2204 of the Code of Virginia, 1950, as amended, and after receiving a report from the Zoning Administrator, the Planning Commission shall either recommends approval as submitted, recommends approval with modifications, or recommends disapproval of the application for a special use permit. The Planning Commission shall recommend the granting of the permit if it determines the proposed use is in full compliance with the standards set forth in Section 6.2-3 and shall record its findings concerning such compliance. The Planning Commission shall give their recommendation(s) to the Board of Supervisors for review at their next meeting. The Board shall move to accept or deny the Commission's recommendation within 90 days, unless extended for an additional 90 days for good cause.

(b)

The Commission may recommend and the Board of Supervisors may impose such other conditions and restrictions as may be necessary to reduce or minimize the injurious effect of the special use and insure compatibility with surrounding property. The Commission may recommend and the Board of Supervisors may establish expiration dates for any special use permit as a condition of approval.

(c)

If a special use permit is approved, then a final site plan shall be submitted to the Zoning Administrator within six months of date of approval.

(d)

Any significant change (as determined by the Zoning Administrator) of the preliminary site plan approved by the Board of Supervisors shall nullify the special use permit and require re-submittal for Planning Commission review and Board action.

6-2.3. General Standards. A special use permit may be recommended provided the Planning Commission finds that the proposed special use meets the following standards:

(a)

It is designed, located and operated so as the public health, safety and welfare will be protected;

(b)

It will not adversely affect other property in the area which it is located;

(c)

It is within the listing of items requiring a special use permit as set forth in this Ordinance;

(d)

It conforms to all applicable provisions of this Ordinance for the district in which it is to be located;

(e)

It must have direct access on a public road which can safely and adequately handle the automobile and truck traffic generated;

(f)

There must be adequate safeguards to prevent soil erosion on the site and erosion and sedimentation on neighboring downhill and downstream properties during and after development;

(g)

There is a satisfactory plan and methods for sewage disposal as approved by state regulatory agencies;

(h)

There is suitable provision for the protection of privacy on adjoining property which is now in residential use or which may develop in residential use under the provisions of this Ordinance. In this section protection of privacy shall mean effective screening against visual intrusion;

(i)

In the case of manufacturing, there shall be a satisfactory plan proposed to eliminate the adverse impact on any adjoining residential uses from any dust, smoke, odor, or glare that results from the operation of the manufacturing use;

(j)

In the case of quarry and mining operations, where permitted as a special use, there must be a satisfactory plan for reclamation of the land and restoration of the natural landscape and all mining activities must be conducted in accordance with the applicable regulations of the Virginia Department of Mines, Minerals, and Energy; and

(k)

In the case of junkyards and graveyards, the operation must be a legitimate business involved in buying and selling of discarded materials or used vehicle parts, and is subject to the requirements of Section 4.7.

6-2.4. Conditions. In authorizing a permit for any special use provided for in this Ordinance, the Board of Supervisors, after report and recommendation by the Planning Commission, may impose specific conditions on the development and use of land as necessary to assure compliance with the standards set forth in Section 6.2-3. Such conditions may include, but are not limited to: dimensional requirements for front, side, and rear yards greater than those specified elsewhere in this Ordinance; screening by planting or fences or other devices; landscaping for appearance; dedication of land for street purposes; construction of turning lanes on public roads; prohibition and/or regulations of signs; requirement of additional parking spaces, and limiting hours of operation.

(Ord. of 10-12-2001)

Any action taken by the Board of Supervisors on a decision regarding the granting or denial of a special use permit may be contested by filing within 30 days of the decision with the Circuit Court of the County as provided for in Section 15.2-2285(f) of the Code of Virginia, as amended.

(Ord. of 10-12-2001)