A. 
Intent of conditional use provisions. Conditional use provisions are intended as a means for the Town Council, after review and recommendation by the Planning Commission, to authorize certain uses which, although generally appropriate in the district in which they are permitted, have potentially greater impacts on neighboring properties than uses which are permitted by right. The conditional use permit procedure provides the opportunity for the Town Council to review each proposed conditional use and impose such conditions as reasonably necessary to ensure the use will be compatible with the surrounding area and consistent with the purposes of this chapter.
B. 
Conditional use permit required. A use indicated as permitted as a conditional use in § 171-41 of this chapter shall be authorized only upon approval of a conditional use permit by the Town Council. No zoning permit for a conditional use or for a building devoted to a conditional use shall be issued unless a conditional use permit has been approved in accordance with this Article.
C. 
Existing uses. Any use specified as a conditional use in the district in which it is located and for which no conditional use permit has been approved shall be considered a nonconforming use, provided that such use was legally established prior to the effective date of this chapter.
A. 
Submission of applications. Applications for conditional use permits shall be submitted to the Zoning Administrator and may be filed by the owner of the property or, with the written consent of the owner, the contract purchaser of the property or an agent of the owner.
B. 
Content of applications and plans.
(1) 
Applications for conditional use permits shall include:
(a) 
A zoning permit application and plans as described in § 171-19 of this chapter;
(b) 
Three copies of elevation drawings and general floor plans for proposed buildings and additions to existing buildings; drawings of proposed fences and walls; and landscaping plans;
(c) 
A report from the applicant explaining the manner in which the proposed conditional use complies with the requirements and standards of this Article; and
(d) 
The required application fee, which may be waived in the case of an application by a governmental agency.
(2) 
The Zoning Administrator may waive plan elements that are unnecessary to determine compliance with this chapter and may require such additional information as may be necessary to determine compliance with this chapter and to evaluate potential impacts of a proposed conditional use.
A. 
Review by Zoning Administrator. The Zoning Administrator shall review each conditional use permit application and forward the application to the Planning Commission. At such time as requested by the Commission, the Zoning Administrator shall submit to it a report indicating the manner in which the proposed conditional use complies or does not comply with the provisions of this chapter and any recommendations the Zoning Administrator may have regarding approval, disapproval or conditions to be attached to the proposed use or plans.
B. 
Action by Planning Commission. The Planning Commission shall review each conditional use permit application for compliance with provisions of this chapter and shall provide a recommendation to the Town Council in accordance with the following:
(1) 
The Commission shall give public notice and hold a public hearing as required by § 15.1-431, Code of Virginia 1950, as amended. The hearing shall be held not more than 60 days after filing of a complete application and all necessary plans. A joint public hearing may be held with the Town Council.
(2) 
After holding a public hearing, the Commission may recommend approval or disapproval of the conditional use permit or that conditions be imposed to ensure compliance with the requirements, standards and factors set forth in this Article.
(3) 
All actions by the Commission shall be in the form of a motion, giving the reasons for the action and the vote of each member. All actions shall be recorded in the Commission's records. Each recommendation to the Council shall include a statement of the relationship of the proposed use to the Comprehensive Plan of the town.
(4) 
In any case where the Commission is unable to adopt a motion to recommend approval or disapproval, it shall forward a written report to the Council stating such fact and summarizing its discussions on the matter.
C. 
Action by Town Council.
(1) 
The Town Council shall take action on each conditional use permit application in accordance with the following:
(a) 
After receiving the recommendation of the Planning Commission, the Town Council shall give public notice as required by § 15.1-431, Code of Virginia 1950, as amended, and shall hold a public hearing. A joint public hearing may be held with the Planning Commission.
(b) 
The Town Council may approve or disapprove the conditional use permit application and may impose conditions that the Council deems reasonable and necessary to ensure the conditional use will comply with the requirements, standards and factors set forth in this Article.
(2) 
The Town Council may require a guarantee or bond to ensure that conditions imposed will be satisfied and may specify a date for expiration of a conditional use permit as a condition of approval.
(3) 
Action of the Town Council shall be by resolution, which shall include the reasons for its action.
D. 
Following approval of a conditional use permit by the Town Council, the Zoning Administrator shall issue the necessary zoning permit.
A conditional use permit shall be granted only if the Town Council finds that the proposed conditional use:
A. 
Will not be in conflict with the objectives of the comprehensive plan for the town;
B. 
Will not be contrary to the purposes of this chapter stated in § 171-6; and
C. 
Conforms with all applicable provisions of § 171-84 of this Article and all other applicable requirements of the district in which such use is located.
A. 
In addition to the general requirements in § 171-83 of this Article, the Planning Commission and the Town Council shall consider the following factors in evaluating and acting on all conditional use permit applications: adequacy of utilities, access and public facilities and services; off-street parking and vehicular circulation; arrangement of vegetation and topographical features are to be retained; and the adequacy of landscaping, buffers, yards and other features to protect adjacent properties from potential adverse effects of the conditional use.
B. 
The following additional standards shall apply to particular conditional uses.
(1) 
Specific conditions for community facilities.
(a) 
The location, site and design of such facilities shall be such that the proposed development shall be compatible with the development within the surrounding area, thus reducing the impact on the surrounding area.
(b) 
The traffic generated by such facility shall be safely accommodated along major streets without traversing local minor streets.
(c) 
Fencing, screening and landscaping shall be provided as appropriate to protect the surrounding area.
(d) 
All public utilities and sewage disposal shall be available to the site.
(e) 
All bulk regulations of the zoning district shall apply.
(2) 
Specific conditions for utility facilities.
(a) 
All of the bulk regulations of the zoning district shall apply.
(b) 
The location of the facility shall not materially increase traffic on surrounding streets.
(c) 
The location of the facility shall not have an adverse effect on surrounding properties.
(d) 
There shall be provided along the entire site boundaries fencing, screening and landscaping, as appropriate to protect the surrounding area.
(3) 
Specific conditions for dwelling unit in CC District and GC District.
(a) 
The location of the facility shall not have an adverse effect on surrounding properties.
(b) 
There shall be provided along the entire site boundaries fencing, screening and landscaping, as appropriate, to protect the surrounding area.
(4) 
Specific conditions for commercial or office mobile units in NC and GC Districts and mobile or modular units in the MHP District.
(a) 
The location of the unit shall not have an adverse effect on surrounding properties.
(b) 
There shall be provided along the site boundaries fencing, screening and landscaping, as appropriate, to protect the surrounding area.
(c) 
All bulk regulations for NC, GC and MHP Districts in Article IX shall apply.
(d) 
All mobile units shall be underpinned, and axles and wheels shall be covered. The trailer hitch shall be removed if it is the removable type or shielded if not removed. All mobile units shall be installed and anchored in accordance with state standards.
(e) 
The use of the mobile unit shall be limited to only those commercial or office uses permitted by right or permitted by conditional use permit in the NC and GC Districts in Article VIII, and in the MHP District, the units shall be limited to commercial or office activity that is for the mobile home park residents only and is incidental and subordinate to the residential use of the district.
(f) 
Mobile units are to be considered as temporary uses, and a time limit of no more than five years will be placed on the conditional use permit.
(g) 
Application for renewal of the conditional use permit shall be made 90 days prior to the termination of the conditional use permit. The Zoning Administrator shall forward the applications for renewal to the Planning Commission. All provisions of Article XX shall be followed in the review of the application.
A. 
Any change of substance to an approved conditional use permit shall require amendment subject to the same procedures and standards as for a new application.
B. 
Minor modifications to approved site plans or building details 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 conditions of the approved conditional use permit; significantly decrease the width or depth of any yard, setback or buffer area; or significantly alter points of access to the property or the internal arrangement of site plan elements.
An approved conditional use permit shall become null and void if no application for a building permit to construct the authorized improvements has been submitted within one year of the date of approval by the Town Council. A conditional use permit for which no building permit is required shall become null and void if the use is not established within one year of the date of approval by the Town Council. The Town Council may specify a longer period in its approval of a conditional use permit.
A. 
Failure to comply with approved plans or conditions of a conditional use permit shall constitute a violation of this chapter.
B. 
Upon determination by the Zoning Administrator of any violation of a conditional use permit, such permit may be subject to revocation if the violation is not corrected within 90 days of written notice to the owner of the property by the Zoning Administrator. If the violation is not corrected within the specified period and the Zoning Administrator is not satisfied that appropriate means are being taken to correct the violation, the Town Council shall have the authority to revoke the conditional use permit after notice and hearing as provided by § 15.1-431, Code of Virginia 1950, as amended.
Appeals from any decision of the Town Council regarding a conditional use permit may be taken to the circuit court by any aggrieved party in accordance with the provisions of § 15.1-493, Code of Virginia 1950, as amended.