The purpose of the special use permit procedure is to provide a means 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 planning commission and town council review of each proposed use and its potential impacts on surrounding properties and land uses, given the particular circumstances of each case, and for the planning commission to recommend and for the town council to attach such conditions as are necessary to ensure that the use will be compatible with the surrounding area and consistent with the intent and purpose of this chapter.

(Ord. of 3-27-89, § 15-182)

A use or structure permitted as a special use by the district regulations set forth in this chapter shall be authorized only upon approval of a special use permit by the town council, and no zoning permit, building permit or certificate of occupancy for a special use or a structure devoted to a special use shall be issued unless and until a special use permit for such has been approved in accordance with the provisions of this article.

(Ord. of 3-27-89, § 15-183)

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, and shall be accompanied by such fees in such amounts as established by general rule by the town council, and shall be accompanied by such plans and information as required by this article.

(Ord. of 3-27-89, § 15-184)

Special use permit applications shall be accompanied by plans, drawn to scale, and including the following information: a location map showing the subject property and adjacent streets and roads, water bodies, subdivisions, political boundaries and zoning patterns; uses of adjacent properties and names of owners; site plan of the subject property showing boundaries, existing and proposed buildings, structures and uses, yards, open spaces, signs, landscaping, screening and buffering; means of access and on-site circulation and parking; elevation drawings of proposed buildings and structures; easements; water bodies, wetlands and other natural features, including major tree masses and steep slopes; existing and proposed utilities and drainage facilities; and such other information as deemed necessary by the zoning administrator to determine compliance with the provisions of this chapter. The zoning administrator may waive such plan elements as deemed unnecessary to determine compliance with applicable provisions of this chapter, to evaluate potential impacts on surrounding properties, or to establish adequate record of the application. Plans shall be submitted in such numbers as determined by written policy of the planning commission.

(Ord. of 3-27-89, § 15-185)

(a)

Upon receipt of a special use permit application and after review of same, the zoning administrator shall forward to the planning commission such application, plans and related materials, together 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 additional conditions to be attached to the proposed use or plans.

(b)

After receiving a special use application, the planning commission shall hold a public hearing thereon. The commission shall give notice of such hearing as set forth in Code of Virginia, § 15.2-2204. After conducting a public hearing and reviewing the application for compliance with the applicable provisions of this chapter, the planning commission shall make a recommendation to the town council. The commission may recommend approval or disapproval or that additional requirements or conditions be attached in accordance with section 70-399. The commission shall take action and forward a report to the town council within 75 days after its public hearing, unless the applicant requests additional time to consider or to prepare revised plans.

(c)

The town council, upon receiving the recommendation of the planning commission, shall review the application, give notice as set forth in Code of Virginia, § 15.2-2204, and hold a public hearing on the application. The town council may approve or disapprove the application or may accept or modify the conditions recommended by the planning commission or may attach additional conditions consistent with the provisions of section 70-399. The town 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 to the town council. The action of the town council shall be by resolution which shall be set forth in writing and preserved among its records.

(Ord. of 3-27-89, § 15-186)

(a)

A special use permit shall be approved only when the town council is satisfied that the use and the operation thereof will not be in conflict with the objectives of the comprehensive plan; will not adversely affect adjoining and surrounding property; will not unreasonably impair light and air, convenience of access or safety from fire, flood and other dangers; will not create or unreasonably increase congestion on adjacent streets; will not overburden utilities, public facilities or public services; will not adversely affect groundwater, surface water or wetlands resources; will conform with the applicable requirements of chapter 26 of this Code pertaining to erosion and sediment control; and will not otherwise be contrary to the stated intent and purpose of this chapter or contrary to coastal environmental management practices.

(b)

In evaluating and acting upon special use permit applications, the planning commission and the town 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 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 adjacent properties from potential adverse effects of the special use. The planning commission may recommend and the town council may impose such reasonable requirements and conditions as deemed necessary to accomplish the intent and purpose of this chapter and to meet the guidelines set forth in this article.

(c)

Except to the extent that greater requirements may be imposed by the town 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 the specific conditions for the particular use as may be set forth in the district regulations.

(Ord. of 3-27-89, § 15-187)

Any amendment or change of substance in an approved special use permit shall be subject to the same procedures as applicable to a new special use permit application, provided that 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 an appreciable affect on surrounding properties.

(Ord. of 3-27-89, § 15-188)

(a)

Failure to comply with approved plans or conditions of a special use permit shall constitute a violation of the provisions of this chapter and shall be cause for revocation of the special use permit by the zoning administrator.

(b)

An approved special use permit shall become null and void if no building permit to construct the improvements authorized by the special use permit has been issued within 12 months of the date of approval by the town council. A special use permit for which no building permit is required shall become null and void if the use is not established within 12 months of the date of approval by the town council. Upon written request by the applicant, the zoning administrator may grant one 90-day extension of the expiration date of a special use permit.

(Ord. of 3-27-89, § 15-189)

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. of 3-27-89, § 15-190)