§ 1-1018. Special use permits for uses not provided for.

A.

General description. .....If, in any district established under this ordinance, a use is not specifically permitted and an application is made to the zoning administrator for such use, the zoning administrator shall refer the application to the planning commission as a special use permit. The planning commission shall make its recommendation to the board of supervisors after holding a public hearing on the said application.

The board of supervisors may, after receiving the recommendations from the planning commission and after holding a public hearing on said application, issue a special use permit for said use for a temporary period or permanently, as determined by the board, upon such conditions as the board may deem necessary to safeguard and protect the public health, morals, safety and general welfare of the neighborhood or area within the proposed use will be located.

B.

Initiation of special use permit.

1.

The property owner or other person with an enforceable legal interest in the property may file an application for a special use permit.

2.

All real estate taxes and any outstanding fees or charges must be current at such time an application is submitted for a special use permit.

C.

Application fees. .....An application for a special use permit shall be accompanied by the prescribed application fee listed in Table 3 of this ordinance (Isle of Wight County Fee Schedule).

D.

Application for special use. .....An application for special use shall be filed with the zoning administrator on a form prescribed by the zoning administrator. The application shall be accompanied by such plans and/or data as necessary, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed use will conform to the standards set forth. Such application shall be forwarded from the zoning administrator to the planning commission for review and recommendation. The planning commission shall conduct a public hearing and render a recommendation on the application, which shall be forwarded to the board of supervisors.

E.

Fees for engineering/consultant review. .....If in the discretion of the county review of any request for a special use permit by any outside engineering firm or other consultant expert in the field of the request is deemed necessary, the landowner/applicant shall be required to pay the fee for such review prior to consideration of the request by the county. The purpose of the review will be to ensure that the request complies with any applicable regulations.

F.

Planning commission recommendation. .....The planning commission, after public notice and hearing, shall forward its recommendation to the board of supervisors which in turn shall hold another hearing after notice as provided for in section 1-1021, public notification for amendment applications, use permits, plan amendments, and variances, before making its decision.

G.

The board of supervisors and special use permits. .....The board of supervisors after public notice and hearing and upon recommendation by the planning commission may authorize the issuance of special use permits in harmony with the general purpose and intent, as hereinafter provided, and subject to appropriate conditions.

H.

Standards for review of a special use application. .....The planning commission and board of supervisors shall consider the following criteria before the granting of a special use permit:

1.

That the establishment, maintenance, and operation of the special use will not be detrimental to or endanger the public health, safety, and general welfare;

2.

That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially impair the use of other property within the immediate proximity;

3.

That adequate utilities, water, sewer or septic system, access roads, storm drainage and/or other necessary public facilities and improvements have been or will be provided;

4.

That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion on the public streets;

5.

That the proposed special use is not contrary to the goals and objectives of the Isle of Wight County Comprehensive Plan;

6.

That the special use shall, in all other respects, conform to the applicable regulations of the zoning district classification in which it is located and to the special requirements established for the specific use;

7.

That the use(s) at the location proposed will not result in a multiplicity or saturation of similar uses in the same general neighborhood of the proposed use.

I.

Conditions and guarantees. .....In addition to the specific standards contained in article V, supplementary use regulations, the other guidelines and criteria described in this ordinance, and other relevant consideration, the board may impose conditions or limitations on any approval, including the posting of performance guarantees. Such conditions may include, but are not necessarily limited to:

1.

The number of persons living or working in the immediate area and the proposed hours of operation, as may be applicable;

2.

Traffic conditions, including facilities for pedestrians, such as sidewalks and parking facilities; the access of vehicles to roads; peak periods of traffic; and proposed roads, but only if construction of such roads will commence within the reasonably foreseeable future;

3.

The orderly growth of the neighborhood and community and the fiscal impact on the county;

4.

The effect of odors, dust, gas, smoke, fumes, vibration, glare, and noise upon the use of surrounding properties;

5.

Facilities for police, fire protection, sewerage, water, trash and garbage collection and disposal, and the ability of the county or persons to supply such services;

6.

The degree to which the development is consistent with generally accepted engineering and planning principles and practices;

7.

The structures in the vicinity such as schools, houses of worship, theaters, hospitals, and similar places of public use;

8.

The purposes set forth in this ordinance, the county's comprehensive plan, and related studies for land use, roads, parks, schools, sewers, water, population, recreation, and the like;

9.

The environmental impact, the effect on sensitive natural features, and opportunities for recreation and open space;

10.

The preservation of cultural and historic resources or landmarks.

J.

Other laws applicable. .....The granting of a special use does not exempt the applicant from obtaining a zoning permit certificate or complying with all other requirements of this ordinance or any applicable county, state, or federal law.

K.

Denial of a special use permit. .....If the board of supervisors finds that in an application for a special use provided in this ordinance and requested in said application will not conform to the general character of the neighborhood to which the proposed use will apply, and that the public health, safety and general welfare of such neighborhood will not be secure by granting such special use, then the board of supervisors may deny such application, anything in this ordinance to the contrary notwithstanding.

L.

Effect of denial of a special use.

1.

No application for a special use which has been denied wholly or in part by the board of supervisors shall be resubmitted for a period of one (1) year from the date of said order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the board of supervisors.

2.

The board of supervisors may, at any time, consider a new application affecting the same property as an application previously denied. A new application is one that differs in some substantial way from the one previously considered, as determined by the zoning administrator.

M.

Scope of approval.

1.

Unless otherwise specified by the conditions of the permit, failure to establish the special use authorized by the permit within two (2) years from the date of approval by the board of supervisors shall cause the permit to terminate and to become void.

2.

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 of supervisors, in approving the initial permit, has specifically established alternative procedures for consideration of future expansion or enlargement. The provisions of subsection 1-1020.G, relative to expansion of nonconforming uses shall not be construed to supersede this requirement unless the specially permitted use for which the permit was initially granted is in fact, no longer a use permitted as of right or as a special use.

4.

Where any special use is discontinued for any reason for a continuous period of two (2) years or more, the special use permit shall terminate and become null and void. 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.

N.

Revocation of special use permits.

1.

The board of supervisors may, by resolution, initiate a revocation of a special use permit. When initiated, the revocation process shall be handled as would a new application for a special use permit.

2.

After review by the zoning administrator and consideration and recommendation by the planning commission, the governing body shall act on the proposal to revoke the special use permit. Grounds for revocation shall include, but not be limited to, the following:

a.

A change in conditions affecting the public health, safety and welfare since the adoption of the special use permit; or

b.

Repeated violations of this article, including any conditions attached to the special use permit, by the owner/operator of the use; or

c.

Fraudulent, false or misleading information or an error or mistake in fact supplied by the applicant (or his agent) for the special use permit.

O.

Violations. .....If it is determined that violations exist with regard to an approved special use permit, the following procedure shall be followed: After review and recommendation by the planning commission, the board of supervisors shall act on the proposal to revoke the special use permit. Grounds for revocation shall include, but not be limited to, the following:

1.

A change in conditions affecting the public health, safety and general welfare since adoption of the special use permit; or

2.

Repeated violations, including any conditions attached to the special use permit owner/operator of the use; or

3.

Fraudulent, false or misleading information or an error or mistake in fact supplied by the applicant (or his agent) for the special use permit. (7-7-05; Ord. No. 2013-3-C, 4-18-13; 7-19-18.)