Certain uses, because of their unique characteristics or potential impacts on adjacent land uses, are not generally permitted in certain zoning districts as a matter of right, but may, under the right set of circumstances and conditions be acceptable in certain specific locations. These uses are permitted only through the issuance of a special use permit by the board after ensuring that the use can be appropriately accommodated on the specific property, will be in conformance with the comprehensive plan, can be constructed and operated in a manner which is compatible with the surrounding land uses and overall character of the community, and that the public interest and general welfare of the citizens of the county will be protected. No inherent right exists to receive a special use permit; such permits are a special privilege granted by the board under a specific set of circumstances and conditions, and each application and situation is unique. Consequently, mere compliance with the generally applicable requirements may not be sufficient and additional measures, occasionally substantial, may be necessary to mitigate the impact of the proposed development. In other situations, no set of conditions would be sufficient to approve an application, even though the same request in another location would be approved.

(a)  Application.

     (1) Applications for the establishment of special uses shall be submitted on the official application form and shall contain the following:

     a. A narrative description of the property which shall include the assessor's parcel number or in the case of a recorded subdivision, the lot number and block description.

      b.  A narrative description of the proposed uses of the property.

     c. A sketch plan of the site prepared at scale to show all existing and proposed physical improvements and such other information as is necessary to clearly indicate to the commission and the board that adequate provisions will be made for compliance with all standards for that particular use and the extent of property to be so used on a given parcel or parcels.

      d.  Property owner's signature or written consent.

     e.  A traffic statement specifying the expected trip generation, both 24-hour and peak hour, and, if either exceed the trip generation limits established in article II, division 5, a traffic impact analysis prepared in accordance with that section.

     f. Such other attachments as may be necessary by virtue of being in an overlay district or the YVA district.

      (2) An application shall not be deemed to have been filed until it is complete including all signatures, attachments, and the requisite filing fee.

(b)   Procedure for issuing special use permits.

     (1) Application for the establishment of special uses shall be submitted to the zoning administrator and, upon determination that such application contains all necessary elements, shall be deemed received by the board and referred to the commission for its review and recommendation.

      (2) The commission shall, within one hundred (100) days after the first meeting of the commission after such referral, report to the board its recommendation as to the approval or disapproval of such application and any recommendation for establishment of conditions, in addition to those set forth in this article, deemed necessary to protect the public interest and welfare. Failure of the commission to report within one hundred (100) days shall be deemed a recommendation of approval.

        (3)  In considering applications for special use permits, the commission shall use the following criteria in its review and report to the board:

    a.  Compatibility of the proposed use and location with the policies established in the comprehensive plan.

    b.  Compatibility of the proposed use with the character of adjacent properties and the surrounding neighborhoods and with existing and planned development.

    c.  Availability of, or ability to provide, adequate utilities, drainage, parking and loading space, lighting, screening, landscaping and open space.

     d.   Provision of safe and convenient pedestrian, bicycle, and traffic movement.

     e.   Compatibility of the proposed use with the intent and function of the particular zoning district in which located.

      f.   Compliance with applicable performance standards and requirements as set forth in article IV.

     g.   Ability to mitigate fully the negative external impacts of the proposal which are in excess of that which might otherwise be developed on the site.

        (4)  Upon receipt of the recommendation of the commission, the board, after public notice in accordance with section 15.1-431, Code of Virginia, shall hold at least one public hearing on such application, and as a result thereof shall either approve or deny the request.

         (5)   In approving any special use permit, the board may by resolution:

     a.  Impose such reasonable standards, conditions or requirements, in addition to any specified in this chapter, as it may deem necessary to protect the public interest and welfare. Such additional standards may include, but need not be limited to, special setbacks, yard requirements, increased screening or landscaping requirements, area requirements, and standards pertaining to traffic, circulation, noise, lighting, hours of operation and similar characteristics.

     b. Require that a performance guarantee, acceptable in form, content and amount to the county, be posted by the applicant to ensure continued compliance with all conditions and requirements as may be specified.

     c.  Specify time limits or expiration dates for any such special use permits, including provisions for periodic review and renewal.

       (6)  A certified copy of all resolutions authorizing a special use permit pursuant to this section shall be recorded at the expense of the applicant in the name of the property owner as grantor in the office of the clerk of the circuit court.

       (7)  When the board has acted on an application for a special use permit and has denied it, no other application for substantially the same request shall be considered until one (1) year has elapsed from the date of the board's action.

(c) Procedures applicable to permits.

       (1)  Unless otherwise specified by the conditions of the permit or as set forth in subsection (c) (6) below, failure to establish the special use authorized by the permit within two (2) years from the date of approval by the board shall cause the permit to terminate automatically. In the case of uses involving the construction of new buildings or other structures, the use shall be deemed "established" if all necessary foundation work has been completed within the two-year period and construction work is continuously and diligently pursued thereafter under a valid building permit. In the case of uses involving occupancy of land or an existing building, the use shall be deemed "established" only if the land or buildings have been occupied and the proposed activity conducted within the two-year period.

      (2)  Unless otherwise specified in the conditions of a permit or as set forth in subsection (c) (6) below, the initial term of each special use permit shall be for one (1) year from the date of approval. Upon compliance with those conditions and restrictions imposed by the board and all relevant county ordinances, the special use permit shall, without application, be renewed automatically for additional successive one (1) year terms. However, a special use permit shall not be so renewed and shall expire at the end of the term or current renewal thereof if notice of noncompliance with any material condition or restriction is mailed by certified mail to the permittee, at the address shown on the application for the permit or any new address of which the zoning administrator subsequently receives written notice, more than thirty (30) days before the end of the term or the renewal thereof then in effect and such noncompliance is not corrected within thirty (30) days to the satisfaction of the zoning administrator.

The provisions of this section are cumulative with the power of injunction and other remedies afforded by law to the county and, further, shall not be so interpreted as to vest in any applicant any rights inconsistent or in conflict with the power of the county to rezone the subject property or to exercise any other power provided by law.

      (3) Once a special use permit is granted, such use may be enlarged, extended, increased in intensity or relocated only in accordance with the provisions of this section unless the board, in approving the initial permit, has specifically established alternative procedures for consideration of future expansion or enlargement. If, however, the specially permitted use is no longer a use permitted in the zoning district in which located, the provisions of article VIII relative to expansion of nonconforming uses shall control any proposed enlargement of the use. If the use that is the subject of the special use permit becomes a use permitted as a matter-of-right through subsequent amendment of this chapter, the special use permit conditions shall be voided but only to the extent they are more restrictive than those conditions applicable generally to such by-right use.

      (4) Uses in a district for which a special use permit is required, which were legally existing without such a permit at the time of adoption of this chapter or an amendment thereto which required such a special use permit, shall not be deemed nonconforming uses, but shall, without further action, be deemed conforming special uses so long as they continue in existence. Such special uses shall be subject to the provisions of subsection (d) below with respect to any enlargement, extension, increase in intensity or relocation.

       (5)  Where any special use is discontinued for any reason for a continuous period of two (2) years or more, the special use permit shall automatically terminate without notice, except as provided in subsection (c) (6) below. A use shall be deemed to have been "discontinued" when the use shall have ceased for any reason, regardless of the intent of the owner or occupier of the property to reinstitute the use at some later date. The approval of a new special use permit shall be required prior to any subsequent reinstatement of the use.

       (6)  As provided in Code of Virginia sections 15.2-2288.4 and 2209.1:

            a. Notwithstanding anything herein to the contrary, any special use permit that was valid and outstanding as of January 1, 2009, shall not expire prior to July 1, 2011. Nothing herein shall impair the ability of any person to apply for additional extensions of time beyond July 1, 2011, as provided in this section.

            b. Moreover, in the case of any special use permit outstanding as of January 1, 2009, and related to new residential or commercial development, any deadline in such special use permit or in this chapter that requires the commencement of a project or that requires the landowner or developer to incur significant expenses related to improvements for a project within a certain time, shall be extended to July 1, 2014. This provision shall not apply to any requirement that a use authorized by a special use permit or other zoning action shall be terminated by a certain date as within a set number of years. This extension of time shall not be effective unless any performance bonds and agreements or other financial guarantees of completion of public improvements in or associated with the proposed development are continued in force.

(d)  Amendment of special use permits. An amendment is a request for any enlargement, expansion, increase in intensity, relocation, or modification of any condition of a previously approved and currently valid special use. Amendments shall be processed as follows:

      (1) Non-material and insignificant modifications, shifts in location, slight changes in size, shape, intensity, or configuration may be authorized by the zoning administrator provided there is nothing in the currently valid permit to preclude such action, the changes comply fully with other provisions of the permit and the Code, and that there will be a five percent (5%) or less increase in either lot coverage or floor area over what was originally approved.

      (2) Minor enlargements, expansions, increases in intensity, relocations, or modifications of any conditions of an approved and currently valid special use may, without public hearing, be authorized, including the establishment or reestablishment of reasonable conditions, by resolution of the board provided that such minor changes comply with the following criteria:

     a. There will be a cumulative total of less than a twenty-five percent (25%) increase in either total lot coverage or floor area;

    b. There will be no detrimental impact on any adjacent property caused by significant change in the appearance or the use of the property or any other contributing factor;

     c. Nothing in the currently valid special use permit precludes or otherwise limits such expansion or enlargement;

      d.  The proposal conforms to the provisions of this article and is in keeping with the spirit and intent of the adopted comprehensive plan.

      (3)  Any proposed amendment other than those provided for in paragraphs (1) and (2) above shall be considered a major amendment of a previously approved and currently valid special use and shall be approved in the same manner and under the same procedures as are applicable to the issuance of the original permit.

      (4)  For an existing and currently valid special use permit which is no longer allowed as a special use in the zoning district in which located, the board, upon receipt of an application, may review and approve an amendment to said permit, provided such amendment does not allow the use to be enlarged, expanded, increased in intensity, relocated, or continued beyond any limitation specified in the existing use permit or established in article VIII - Nonconformities.

(Ord. No. 08-17(R), 3/17/09; Ord. No. 09-15, 8/18/09)