(A) Purpose. Special uses are established to provide for the location of those uses which are generally compatible with other land uses permitted in a zoning district, but which, because of their unique characteristics or potential impacts on the surrounding neighborhood and the city as a whole, require individual consideration of their location, design, configuration, and/or operation at the particular location proposed. Such individual consideration may also call for the imposition of individualized conditions in order to ensure that the use is appropriate at a particular location, and to ensure protection of the public health, safety, and welfare. Any special use identified in this chapter shall not be permitted without the approval of the City Council in accordance with the requirements and procedures set forth in this section.
(B) Pre-application conference. It is highly recommended that the special use applicant meet with pertinent city staff in a pre-application conference prior to the submittal of a request for approval of a special use. The purposes of this conference are to provide additional information regarding the review process and assistance in the preparation of the application.
(C) Materials for submittal. Applications for a special use permit shall include any materials deemed necessary by the Planning Director, his or her designee, or City Council to adequately show the location, design, configuration, and/or operations of the proposed use at the parcel.
(D) Approval process.
(1) Application. An application for a special use permit shall be filed by the owner of the property, or by an agent specifically authorized by the owner to file the application. Where an agent files the application, the agent shall provide documentation that the owner of the property has authorized the filing of the application. Each application for a special use permit shall contain all required information. Incomplete applications shall not be accepted.
(2) Fees. Each application submitted to the City Council shall be accompanied by a fee, as provided in the schedule of fees relative to planning and zoning established by resolution of the City Council, to defray the expense of processing the application.
(3) Notice of hearings. Prior to a public hearing, notice of hearings on special use permit applications shall follow § 21.71 (B).
(4) Procedure. Following notice as required in § 21.71(B), the City Council shall hold a quasi-judicial public hearing per § 21.72(B) through(E).
(5) Decision. After conducting the public hearing, City Council shall:
(a) Approve the request;
(b) Approve the request with conditions;
(c) Deny the request; or
(d) Continue the hearing.
(E) Standards for a decision.
(1) Before a request for a special use permit is granted, City Council must show that all of the following standards are met:
(a) The use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and provided.
(b) The use meets all required conditions and specifications.
(c) The use will not substantially injure the value of adjoining or abutting property, or, alternatively, that the use is a public necessity.
(d) The proposed use is in harmony with adjacent uses in terms of location, scale, site design, hours of operation and operating characteristics.
(e) The proposed use is in general conformance with adopted plans.
(2) The City Council may approve special use applications with additional conditions or requirements based upon the following standards, so as to assure that the aforementioned criteria have been addressed, however the City Council may not impose conditions on special use applications that the local government does not otherwise have statutory authority to impose:
(a) Placement. Specific placement of primary and/or accessory structures and/or uses.
(b) Parking spaces with ingress and egress. Location of on-site parking, designated loading areas, and means of ingress/egress for all vehicles including service vehicles.
(c) Environmental impact. Compliance with laws, including but not limited to, floodplain and watershed regulations.
(d) Screening, buffering, and landscaping. Installation of screening, buffering, fencing and landscaping where necessary to protect adjacent property.
(e) Effect on nearby properties. Effects of proposed use on nearby properties, including but not limited to, the effects of noise, odor, lighting, and traffic.
(f) Compatibility. The level of general compatibility with nearby properties and impacted neighborhoods, including but not limited to, the appropriateness of the scale, design, and use in relationship to other properties.
(g) Consistency with policy. Consistency with the city land use plan and applicable area plans, overlay purposes, and zoning district intent in this chapter.
(h) Other factors. Any other review factors which the City Council considers to be appropriate to the property in question.
(F) Expiration.
(1) A special use permit shall become null and void in any of the following cases:
(a) If a building permit and/or commencement of approved use has not been secured within one year after the date of approval by City Council.
(b) When the special use is changed to another use for more than 30 days, other than that for which the special use permit was issued; or the special use is discontinued or ceased for a continuous period of 180 days or more without the re-approval of City Council. Without the re-approval of City Council, the special use permit is null and void, and continuation of the special use is a violation of this chapter.
(c) If there is an expansion of use without the re-approval of City Council.
(d) If a substantial violation of the conditions of the permit, as determined by the Planning Director or designee, occurs.
(2) The addition of language to the special use permit regarding such voiding shall not be required.
(G) Re-submission of denied applications. No application for approval of a development project (special use, site plan, project plan) shall be filed with or accepted by the Planning Department if that project is identical or substantially similar to a special use application which has been denied by the City Council within one year of the final action by the City Council denying the request.
(H) Appeals. An appeal from the decision of the City Council regarding a special use application may be made by an aggrieved party, and shall be made to the Superior Court of Stanly County in the nature of certiorari. Any such petition to the Superior Court shall be filed with the court no later than 30 days after a written copy of the decision of the City Council is received by the applicant.
(I) Record keeping. Special use permits shall be recorded in the chain of title so that future purchasers of a property will by fully aware of all special use permit stipulations.
(Ord. 06-08, passed 4-3-06; Am. Ord. 15-19, passed 6-1-15; Am. Ord. 17-07, passed 3-20-17; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)