(a)

Conditional use permits are authorized by the terms of this chapter. The purpose of the conditional use permit procedure is to provide for certain uses which cannot be well adjusted to their environment in particular locations with full protection offered to surrounding properties by rigid application of the district regulations. These uses either have unusual characteristics, or have characteristics which are different from those of their immediate surroundings, or are generally of a public or semipublic character and as such are essential and desirable for the general convenience and welfare, but because of the nature of the use, the importance of relationship to the comprehensive plan, and possible impact, not only on neighboring properties, but on a large section of the county, require the exercise of planning judgment on location and site plan. Uses which require conditional use approval also include those public uses, public utility, or public service uses upon which the planning commission is required to report following adoption of the comprehensive plan under the state enabling statutes, thus facilitating coordination of the purposes of state planning statutes with those of state zoning enabling statutes.

(b)

No conditional use permit shall be issued except by the board of supervisors, upon a finding that in addition to conformity with any standards set in this chapter in the particular use or class of uses, the following general standards will be met either by the proposal made in the application or by the proposal as modified or amended by conditions and safeguards attached by the board of supervisors and made part of the use permit. Violation of such conditions and safeguards, when attached, shall be considered a violation of this chapter.

(Ord. of 6-18-90, § 19-17.1)

(a)

A conditional use permit should be approved only if it is permitted with a conditional use permit in the district regulations and only if it is found that the location is appropriate and not in conflict with the comprehensive plan, that the public health, safety, morals and general welfare will not be adversely affected, that adequate utilities and off-street parking facilities will be provided, and that necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values, and further provided that the additional standards of this article are complied with. In approving a conditional use permit the board of supervisors may impose such reasonable conditions as it believes necessary to accomplish the objectives of this chapter. Unless otherwise specified in this article or specified as a condition of approval, the height limits, yard spaces, lot area, and sign requirements shall be the same as for other uses in the district in which the proposed conditional use permit is located.

(b)

Among matters to be considered in review of a conditional use permit are traffic congestion, water quality, noise, lights, dust, odor, fumes and vibration, with due regard for timing of operation, screening or other matters which might be regulated to mitigate adverse impact and offsets on natural resources.

(Ord. of 6-18-90, § 19-17.2)

(a)

Application. Application for a conditional use permit shall be filed with the zoning administrator on an application form provided therefor.

(b)

Procedures for approval. The procedures for approval of a conditional use permit are generally the same as those prescribed for changes and amendments in article XIX, including the public hearing and report by the planning commission, and, in addition the procedures and requirements for approval of site plans as set forth in article XX. The area included in an approved conditional use shall be noted on the zoning district map by means of a special symbol.

(c)

Action by planning commission. Following public notice as provided in Code of Virginia, § 15.1-431, and within the time specified therein, the planning commission shall hold a public hearing on each application for a conditional use permit. In those instances in which an applicant is requesting both a rezoning permit and a conditional use permit for the same piece of property and use, the planning commission may hold one (1) public hearing for both permits, following appropriate public notice. Following such hearing, the commission shall prepare a report indicating its recommendation as to whether the conditional use permit should be granted and as to conditions and safeguards, if any, which should be required in the particular case based upon findings as to conformity with the general standards set forth in section 18-512 of this article, and specific standards set in this chapter with respect to the particular use or class of uses.

(d)

Action by board of supervisors. After giving public notice as provided in Code of Virginia, § 15.1-431, and receiving the recommendation of the planning commission, the board of supervisors shall grant or deny the application for a conditional use permit, with conditions and safeguards as recommended by the planning commission or with such modification of such conditions and safeguards as the board of supervisors deems appropriate within the limitations established by general or specific standards of this chapter.

(e)

Permit applies to property, not to person. When issued, a conditional use permit shall apply, together with any conditions and safeguards attached, to the property for which it was issued so long as such property is used for the purpose of requiring the conditional use permit.

(Ord. of 6-18-90, § 19-17.3; Ord. of 12-19-05(2))

Except as otherwise provided in this chapter, any use listed as requiring approval with a conditional use permit 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 conditional use by the board of supervisors.

(Ord. of 6-18-90, § 19-17.4)

In addition to the general guides and standards set forth above, certain specific guides and standards are established by the terms of this chapter to assist the board of supervisors in arriving at a decision on particular applications for conditional use permits. It is the intent that all of the applicable factors be weighed in order to reach a decision which best accomplishes the overall purpose of the conditional use permit procedure, particularly in seeking compatibility between uses of different kinds.

(Ord. of 6-18-90, § 19-17.5)

Editor's note— Former § 18-516, relative to the establishment or enlargement of an intensive agricultural use in an A-1 agricultural district, which derived from § 19-17.6 of an ordinance adopted June 18, 1990, was deleted by an ordinance adopted Feb. 27, 1995.

(a)

In the case of the location of a single-family dwelling or manufactured home, school, park, library, church or other similar use for housing or assembly of people if such use would be located within fifteen hundred (1500) lineal feet of the operational limits of an intensive agricultural use, the principal specific standard is to discourage needless location of dwellings and other uses in locations where they would be especially impacted by the adverse effects of intensive agricultural uses and thus heighten the potential for unpleasant living conditions and actions in nuisance against the intensive agricultural use.

(b)

In review of such applications it shall be the duty of the board of supervisors to examine the facts and consider such matters as alternative locations on the same or adjacent property depending on its availability to the applicant, the distance between the proposed use and the intensive agricultural use, the nature, scale and intensity of the intensive agricultural use, topography, intervening wooded areas, the view from the proposed construction site, and the direction of prevailing winds.

(c)

If upon investigation of the factors outlined above and by reason of the size and shape of the property in question there are, in the judgment of the board of supervisors, no feasible alternatives available to mitigate the effect of the intensive agricultural use on the construction proposed, then the conditional use permit should be issued in order to avoid confiscation of the property, and with full knowledge of the reasons for this decision transmitted to the applicant with the decision of the board.

(Ord. of 6-18-90, § 19-17.7)

In reviewing an application to establish or enlarge a campground or camping area under the terms of this chapter, the following factors shall be taken into account:

(1)

The location of the campgrounds, the condition of the site and the nature of surrounding land uses shall be such that loss of farmland and adverse impact on surrounding property will be minimal. In general, a wooded site or partially wooded site is to be preferred to an open site in order to preserve farmland, reduce visual impact on development and provide an attractive environment within the campground.

(2)

The site plan shall be prepared by a professional experienced in campground design and shall show all proposed facilities, accessways, structures, service facilities, location of camping sites and details of typical camping sites, parking areas, trails and walkways, entertainment areas, if any, landscape plans and areas to be maintained in their natural state. Plans for staged development shall be indicated and the site plan shall be accompanied by a management plan which describes proposed operating procedures and techniques.

(3)

The area shall contain not less than two (2) contiguous acres and in any case shall be large enough to provide adequate buffering and screening area for protection of surrounding properties. Such buffer area shall be designated on the site plan as permanent open space to remain so as long as the campground is in operation.

(4)

The density of camping sites within the part of the campground area specifically designated for such sites shall not exceed twelve (12) units per acre and no site shall be less than three thousand (3,000) square feet in area.

(5)

The camping area shall be properly located with respect to external access roads and the condition of such roads, width of pavement, alignment and the like, shall be appropriate to the scale of the proposed campgrounds. Entrance roads shall be located to minimize adverse impact on adjacent and nearby property and located and designed in accordance with applicable standards of the state department of transportation. Internal access drives shall be of adequate width for internal traffic, hard surfaced and maintained at least ten (10) feet in width, in accord with applicable county specifications.

(6)

The camping area shall comply with all sanitary and other requirements prescribed by law or regulations.

(7)

The overall design shall evidence a reasonable effort to preserve the natural amenities of the site, including wooded areas, steep slopes, bluffs, wetlands, beaches and bodies of water. Special emphasis shall be given to preservation of mature trees and landscaping of areas which must be cleared.

(8)

Accessory structures or recreation facilities, offices, service buildings, boat ramps, marinas, washrooms, swimming pools, game courts, ball fields and the like should generally be oriented and accessed internally and located to minimize impact on adjacent property, in no case closer than one hundred (100) feet to any campground boundary or closer than two hundred (200) feet to any lot in an R-1 or R-2 residential district.

(Ord. of 6-18-90, § 19-17.8)

After the board of supervisors has approved a conditional use permit, the conditional use permit so approved shall lapse after the expiration of one (1) year if no substantial construction or change of use has taken place in accordance with the plans for which such conditional use permit was granted, if the board of supervisors does not specify some longer period than one (1) year for good cause shown, and the provisions of this chapter shall thereafter govern.

(Ord. of 4-26-99)

Editor's note— An ordinance adopted December 16, 2002, repealed § 18-520 in its entirety. Formerly, such section pertained to telecommunication interim application process and derived from Ord. of 12-17-01 and Ord. of 7-22-02.