Article XXII, Sec. 70-394 through 70-402

Other

• Amendment of special use permitConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote.

  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. (Sec. 70-400)

• Standards for approval

  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. (Sec. 70-399)

• Expiration of special use permitConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote.12 months

  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. (Sec. 70-401)

• Extension of expiration90 days

  Upon written request by the applicant, the zoning administrator may grant one 90-day extension of the expiration date of a special use permit. (Sec. 70-401)

• Existing uses without permit

  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. (Sec. 70-402)

• Special use permitConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. required

  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. (Sec. 70-395)

• Planning commission recommendation deadline75 days

  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. (Sec. 70-398)

• Public hearingConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. required

  After receiving a special use application, the planning commission shall hold a public hearing thereon. 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. (Sec. 70-398)