(A) The Board of Supervisors may, after review and recommendation by the Planning Commission, and after proper notice and a public hearing, grant a special use permit where such special use or structure is permitted by the terms of this chapter.
(B) The Board of Supervisors may grant, deny, or grant conditionally the permit. The special use permit may be granted along with safeguards, requirements, and conditions which may be imposed. The permit shall state whether it is issued to the applicant or whether it is issued for the use on the site and runs with the land. There shall be two types of special use permits: major special use permits and minor special use permits.
(1) Procedure. An application for a special use permit (major or minor) may be submitted by the property owner, or the contract owner, optionee, or lessee of the property affected with the owner's written and notarized consent. Procedures for application and review shall be as follows:
(a) Major special use permits. When a major special use permit application is submitted, one copy of each of the following items must be submitted in conjunction with the application before it can be accepted:
1. The legal description of the property for which the special use permit is requested, as well as the names of all owners of the properties involved.
2. A conceptual plan showing the property drawn at a scale with sufficient references to existing streets and surrounding properties. The plan must show accurate locations and dimensions of on-site and adjacent features and must include:
a. A scale and north arrow;
b. Required setbacks for the proposed use and any proposed structures as measured from property lines and/or easements;
c. A separate conceptual grading plan of the site with drainage features, soils, soil types, and flow arrows;
d. Water bodies, wetlands, and Chesapeake Bay Preservation features including the 100-foot buffer;
e. Existing and proposed sewage disposal systems and water supply;
f. Open space areas and/or landscaping as required by this chapter;
g. Existing and proposed buildings and uses, showing square footage of each use;
h. Existing and proposed streets, roads and/or rights-of-way, accessibility features and pedestrian walkways with applicable setbacks as required by this chapter;
i. Parking areas with appropriate dimensions detailing individual spaces and with applicable setbacks as required by this chapter; and
j. Any performance standards or requirements imposed by other sections of this chapter.
3. Any other studies or documents as required by the Zoning Administrator or other designated staff for the proposed application and any existing permits or encumbrances, such as easements/rights-of-way, attached and recorded with the parcel.
4. A completed application for major special use permit, on forms provided by the Zoning Administrator, including payment of the review fee.
5. The most recently recorded plat of the parcel(s) comprising the proposed project, or a boundary survey if a portion of one or more parcels composes the proposed project, both of which shall include metes and bounds description of the boundaries.
6. A written Statement of Justification and narrative for the application. The Statement of Justification shall address the guidelines set forth in division (B) (4) below as applicable. The narrative must include a project overview and a summary of the concepts behind the project.
(b) Minor special use permits. When a minor special use permit application is submitted, the following items must be submitted in conjunction with the application before it can be accepted.
1. One copy of a legal description of the property for which the special use permit is requested, as well as the names of all owners of the properties involved.
2. One copy of an accurately scaled drawing showing the property drawn at a scale with sufficient references to existing streets and subdivisions to enable the property to be located on county maps. The drawing must show:
a. The locations and distances to water bodies and Chesapeake Bay Preservation features;
b. Soil types;
c. Open space areas;
d. The locations, names, route numbers, and distances to existing and proposed on-site and adjacent streets, roads, and rights-of-way;
e. The locations of the existing and proposed sewage disposal systems and water supply;
f. The locations and distances to existing and proposed buildings, structures, and uses;
g. The signature of the applicant attesting that what is shown thereon is true and accurate, complies with all applicable zoning ordinance requirements or that the application would necessitate modifications or exceptions of certain regulations to gain approval, along with a list fully identifying all exceptions or modifications needed.
3. The names and addresses of the property owners abutting the application property and across the street from it, and the county tax parcel numbers of those properties.
4. A completed application for minor special use permit on forms provided by the Zoning Administrator, including payment of the review fee.
5. A written Statement of Justification for the application addressing the guidelines set forth in division (B) (4) below to the extent possible.
(2) County staff review process. The Zoning Administrator shall refer all special use permit applications (major and minor) to the Director of Planning and Zoning who shall review the application and the comments made regarding the application by other agencies and formulate a recommendation to the Planning Commission and the Board of Supervisors. If necessary to fully review the application, the Director of Planning and Zoning is authorized to ask for additional information from the applicant.
(a) The Director of Planning and Zoning shall be responsible for sending out any written notice required for the public hearings of the Planning Commission and Board of Supervisors.
(b) At least 15 days before the date of the public hearings before the Planning Commission and the Board, a notice shall be posted of the public hearing on the land or building involved in any application. The notice shall be prepared by the Department of Planning and Zoning and contain, at a minimum, the date, location and time of the public hearing, the nature of the proposed change, the name of the applicant and the application number. County staff shall post a notice of pending zoning action on the subject property that is visible from the public right-of-way.
1. The Planning Commission and Board of Supervisors shall hold public hearings after notice in accordance with VA Code § 15.2-2204, according to a schedule to be established by the Board of Supervisors. This schedule shall include county matters.
2. The Planning Commission and Board of Supervisors will review the recommendation of the Director of Planning and Zoning, and/or any other report and/or pertinent information regarding the application, and may visit the site and/or meet with the applicant.
3.
After its public hearing the Planning Commission shall make a recommendation to the Board of Supervisors regarding the application. The failure of the Planning Commission to report 100 days after the first meeting of the Commission at which the application is considered shall be deemed approval, unless the application has been withdrawn by the applicant prior to the expiration of the time period. After its public hearing, the Board of Supervisors will make a decision on the application and promptly notify the applicant of its decision in writing.
(3) Development conditions. In conjunction with the approval of a special use permit (major or minor), the Board of Supervisors may impose conditions, limitations or other special safeguards and requirements as are reasonably necessary to protect the public health, safety and welfare, such as, but not limited to the following:
(a) Restricting noise, smoke, dust, vibration, odors, wastes or other elements that may affect abutting or adjacent properties;
(b) Establishing greater setbacks (side, front, and rear) or other requirements necessary for orderly use and/or expansion and for preventing traffic congestion;
(c) Providing for adequate parking and ingress and egress to public streets and roads necessary to prevent traffic congestion;
(d) Providing adjoining property with a buffer fence or line of evergreens or shield from view of the proposed use and/or structure;
(e) Establishing a period of time, not to exceed 18 months, during which the new special use must begin and after which the permit shall no longer be valid, if the special use has not begun;
(f) Requiring a bond, in a reasonable amount determined by and payable to the Board of Supervisors, to ensure compliance with the terms and conditions of any special use permit;
(g) Establishing hours of operation or specific time limits for the special permit use.
(4) Special use permit approval guidelines. Uses permitted by special use permit (major or minor), as listed in the zoning district provided for, shall be permitted only upon the obtaining of a special use permit from the Board of Supervisors, and subject to all other applicable provisions of the chapter. The Board of Supervisors may issue a permit for such use if the following criteria are adequately addressed:
(a) The proposed use and/or structure are allowed under the district regulations or elsewhere in this chapter;
(b) The proposed use and/or structure complies with the regulations governing individual special uses;
(c) The proposed use and/or structure are consistent with the county’s Comprehensive Plan;
(d) The proposed use and/or structure will not change the character of the neighborhood, area, or district in which it will be located;
(e) The proposed use and/or structure, and accompanying parcel development, are in harmony with the uses permitted by right in the zoning district and with the intent of the zoning district regulations and will not adversely affect the use of neighboring property or impair the value thereof;
(f) The proposed use and/or structure will not be hazardous or injurious to or in conflict with the character of the neighborhood considering the size and location of the use, the nature and intensity of the operation involved or conducted in connection with it, its site layout, and its relation to roads giving access to it;
(g) The proposed use and/or structure will not adversely affect the health and safety of persons residing or working in the neighborhood of the proposed use;
(h) The proposed use and/or structure will not be detrimental to public welfare or injurious to property or improvements in the neighborhood;
(i) The proposed use and/or structure will protect and not cause damage to the county’s fresh water aquifer and water quality (including groundwater);
(j) The application, along with the development conditions and safeguards imposed, adequately mitigates the impacts of the proposed use and/or structure; and
(k) The proposed use and/or structure will otherwise be in accord with the provisions of the chapter.
(5) Effect of approval. The issuance of a special use permit (major or minor) shall authorize the applicant to construct only such structure(s), and/or conduct only such use(s), as are specifically authorized by the special use permit. Any deviation, expansion, or other changes whatsoever are in violation of the permit and this chapter, are prohibited, and shall require that the applicant reapply for and gain approval of a new special use permit before such deviation, expansion, or other changes are lawful.
(6) Resubmission of applications. A property owner or other applicant who has filed for a special use permit (major or minor) may not submit substantially the same application for a special use permit within a period of 12 months from the date of the original denial by the Board of Supervisors.
(7) Appeals. Any action contesting the decision of the Board approving or failing to approve a proposed special use permit shall be filed within 30 days of the decision with the Circuit Court.
(Ord. passed 4-12-2016; Am. Ord. passed 4-11-2017; Am. Ord. passed 9-8-2020)