§ 44-13. Review procedure.

(a)

In deciding whether to grant, grant in modified form or deny a permit, the board shall consider the following:

(1)

The testimony of any person in support of or in opposition to the permit application;

(2)

The impact of the proposed development on the public health, safety, and welfare; and

(3)

The proposed development's conformance with standards prescribed in Section 28.2-1308 of the Code of Virginia and guidelines promulgated pursuant to Section 28.2-1301 of the Code of Virginia.

(b)

The board shall grant the permit if all of the following criteria are met:

(1)

The anticipated public and private benefit of the proposed activity exceeds its anticipated public and private detriment.

(2)

The proposed development conforms with the standards prescribed in Section 28.2-1308 of the Code of Virginia and guidelines promulgated pursuant to Section 28.2-1301 of the Code of Virginia.

(3)

The proposed activity does not violate the purposes and intent of this chapter or Chapter 13 (Section 28.2-1300 et seq.) of Title 28.2 of the Code of Virginia.

(c)

If the board finds that any of the criteria listed in subsection (b) of this section are not met, the board shall deny the permit application but allow the applicant to resubmit the application in modified form.

(Ord. No. 4428-93, § 1)

(Ord. No. 4428-93, § 1)