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(d) Any legally established use which existed prior to the adoption of this ordinance, or any subsequent amendments, shall not be considered a nonconforming use where a special exception is now required for establishment of such use. Except as provided below, the use shall be allowed to continue in operation, and the building or structure housing the use may be reconstructed or structurally altered, without the necessity of obtaining a special exception. However, approval of a special exception shall be required, in accordance with this section, when either of the conditions below are present, in the opinion of the Zoning Administrator: (i) There is a fifteen (15) percent or greater net increase in the square footage of the use or structure proposed for expansion or enlargement; or, (ii) The expansion or enlargement will substantially alter the site design and layout as it relates to circulation, parking or other site characteristics so as to adversely affect surrounding properties, as determined by the Zoning Administrator. (3) Procedure (a) Basic Procedures (i) The procedures and requirements for the initiation, submission, completeness determination, review, and decision on an application for a special exception are as established in Section 40.1 -2.2, Common Review Procedures. (ii) The zoning administrator shall also transmit a copy of the application to the Planning Commission as required by Va. Code § 15.2 -2310. The Planning Commission may send a recommendation to the BZA or appear as a party at the hearing. (b) Public Hearing, Review, and Determination by the BZA (i) Following staff review and public notification in accordance with Section 40.1- 2.2(J), Public Notification, the BZA shall conduct a public hearing on the application in accordance with Section 40.1- 2.2(K), Hearing Procedures. (ii) After close of the hearing, the BZA shall consider the application, the relevant support materials, the staff report, comments of the Planning Commission, if any, and any comments given by the public, and by a majority vote of a quorum present, take one of the following actions based on the standards in Section 40.1- 2.3(D)(4), Special Exception Standards and, if applicable, the standards in Section 40.1- 2.3(D)(5), Use Specific Special Exception Standards: • Approval of the application as submitted; • Approval of the application with conditions (See Section 40.1- 2.2(M), Conditions of Approval and Subsection 40.1- 2.3(D)(6)); or • Denial of the application. (4) General Special Exception Standards An application for a Special exception shall be approved only upon a finding the applicant demonstrates all of the following standards are met: A -5