(A) Written application. A written application for a Special Use Permit shall be submitted to the Zoning Administrator.
(B) Conference. After submission of an application for a Special Use Permit the Zoning Administrator shall arrange a conference with the applicant. The Zoning Administrator shall also send the Planning Board an agenda for the meeting. At the conference the applicant shall submit a sketch development plan and a brief description of the proposed development strategy. The applicant shall also submit proposed design specifications for proposed commercial buildings. The conference is designed to inform the applicant of the local government’s regulations and policies concerning development alternatives and to inform the local government of the applicant’s intentions, enough to be able to give him or her some informal, nonbinding feedback on the acceptability of his or her plan. The greater the level of common understanding between the applicant and the local government that can be achieved at the conference stage, the smoother the remaining steps of the review and approval process will be. At the conference a date for a public hearing shall be determined. 1
(C) Notice of hearing. The Board of Adjustment shall give public notice of the hearing in a newspaper having general circulation in Beech Mountain published at least five days prior to the date of the hearing. The Board shall mail notices of the hearing to the affected parties, to members of the Planning Board, and to such other persons as the Zoning Administrator shall direct at least seven days prior to the hearing. Such notice shall state the location of the building or lot, the general nature of the applicant’s request, and the time and place of the hearing. 2
(D) Copies of final development plan to be submitted. At least ten days prior to the date set for the hearing, the applicant shall submit three copies of the final development plan to the Zoning Administrator. The development plan shall contain a map or maps drawn to scale, with the date of preparation, and shall contain, where applicable, the following information:
(1) Existing site conditions, including contours, water courses, identified flood hazard areas, any unique natural or man made features.
(2) Boundary lines of the proposed development, proposed lot lines and plot designs.
(3) Proposed location and use of all existing and proposed structures.
(4) Location and size of all areas to be conveyed, dedicated or reserved as common open space, parks, recreational areas, school sites and similar public and semi-public uses.
(5) The existing and proposed street system, including location and number of off-street parking spaces, service areas, loading areas, and major points of access to public rights-of-way. Notations of proposed ownership of the street system (public or private). Documentation from the Beech Mountain Fire Department of the adequacy of the development’s facilities for emergency medical and fire services.
(6) Approximate location of proposed utility systems, including documentation approving the proposed water and sewer systems from the appropriate local and state agencies. Documentation of an approved Sedimentation and Erosion Control Plan shall also be submitted where required.
(7) Location and/or notation of existing and proposed easements and rights-of-way.
(8) The proposed treatment of the perimeter of the development including materials and/or techniques such as screens, fences and walls.
(9) Information on adjacent land areas, including land use, zoning classifications, public facilities, and any unique natural features.
(10) Where applicable, the following written documentation shall be submitted:
(a) A legal description of the total site proposed for development, including a statement of present and proposed ownership.
(b) The zoning district or districts in which the project is located.
(c) A development schedule indicating approximate beginning and completion dates of the development, including any proposed stages.
(d) A statement of the applicant’s intentions with regard to the future selling and/or leasing of all or portions of the development.
(e) Quantitative data for the following: proposed total number and type of residential dwelling units; parcel size; gross residential densities; and total amount of open space.
(f) Plan for maintenance of common areas, recreation areas, open spaces, streets and utilities.
(11) Any additional information required by the Board of Adjustment in order to evaluate the impact of the proposed development. The Zoning Administrator or the Board of Adjustment may waive a particular requirement if in its opinion the inclusion is not essential to a proper decision of the project.
(E) Hearing.
(1) Conduct of hearing. Any party may appear in person or by agent or by attorney at the hearing. The order of business for hearing shall be as follows: (a) The Chairperson, or such person as he or she shall direct, shall give a preliminary statement of the case; (b) the applicant shall present the argument in support of his or her application; (c) persons opposed to granting the application shall present the argument against the application; (d) both sides will be permitted to present rebuttals to opposing testimony; (e) the Chairperson shall summarize the evidence which has been presented, giving the parties opportunity to make objections and corrections. Witnesses may be called and factual evidence may be submitted, but the Board shall not be limited to consideration of only such evidence as would be admissible in a court of law. The Board may view the premises before arriving at a decision. All witnesses before the Board shall be placed under oath and the opposing party may cross-examine them.
(2) Rehearings. An application for a rehearing may be made in the same manner as provided for an original hearing. Evidence in support of the application shall initially be limited to that which is necessary to enable the Board to determine whether there has been a substantial change in the facts, evidence, or conditions in the case. The application for rehearing shall be denied by the Board if from the record it finds that there has been no substantial change in facts, evidence or conditions. If the Board finds that there has been a change, it shall thereupon treat the request in the same manner as any other application.
(F) Conditions for granting approval.
(1) If the Board of Adjustment finds that, in the particular case in question, the use for which the Special Use Permit is sought will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use, and will not be detrimental to the public welfare or injurious to property or public improvements in the neighborhood, a permit may be granted. In granting such a permit, the Board of Adjustment may designate such conditions in connection therewith as will, in its opinion, assure that the proposed use will conform to the requirements and spirit of this chapter.
(2) If at any time after a Special Use Permit has been issued the Board of Adjustment finds that the conditions imposed and agreements made have not been or are not being fulfilled by the holder of a Special Use Permit, the permit shall be terminated and the operation of such use discontinued. If a Special Use Permit is terminated for any reason, it may be reinstated only after a public hearing is held.
(3) Before any Special Use Permit is issued, the Board shall make written findings certifying compliance with the specific rules governing the individual special use as outlined in § 154.117, and that satisfactory provision and arrangement has been made for at least the following, where applicable.
(a) Satisfactory ingress and egress to property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control.
(b) Provision of off-street parking and loading areas where required, with particular attention to the items in division (F)(3)(a) above, and the economic, noise, glare and odor effects of the special use on adjoining properties in the area.
(c) Adequate and proper utilities with reference to locations, availability and compatibility.
(d) Buffering, with reference to type, location and dimensions.
(e) Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district.
(f) Playgrounds, open spaces, yards, landscaping, access ways, pedestrian ways, with reference to location, size and suitability.
(g) Buildings and structures, with reference to location, size and use.
(h) Hours of operation, with particular reference to protecting and maintaining the character of the neighborhood.
(G) Decisions.
(1) Time. A decision by the Board shall be made within 36 days from the time of hearing.
(2) Form.
(a) Written notice of the decision in a case shall be given by certified or registered mail to the applicant by the secretary as soon as practicable after the case is decided. Also, written notice shall be given to owners of the subject property, if not the applicant, and to other persons who have made written request for such notice.
(b) The final decision of the Board shall be shown in the record of the case as entered in the minutes of the Board and signed by the secretary and the Chairperson upon approval of the minutes by the Board. Such record shall show the reasons for the determination, with a summary of the evidence introduced and the findings of fact made by the Board. The record shall state in detail any facts supporting findings required to be made prior to the issuance of such permit. The record shall state in detail what, if any, conditions and safeguards are imposed by the Board in connection with the granting of a Special Use Permit.
(3) Expiration of permits. Unless otherwise specified, any order or decision of the Board granting a Special Use Permit shall expire if a building permit or Certificate of Occupancy for such use is not obtained by the applicant within six months from the date of the decision.
(4) Voting. The concurring vote of four-fifths of the members of the Board shall be necessary to grant a Special Use Permit.
(5) Public record of decisions. The decisions of the Board, as filed in its minutes, shall be a public record, available for inspection at all reasonable times.
(6) Submission to Planning Board. The Board of Adjustment shall submit a copy of its decision on a specific development to the Planning Board.
(H) Periodic inspections during construction. The Zoning Administrator shall make periodic inspections during construction as well as a final inspection after construction is complete to determine whether the conditions imposed and agreements made in the issuance of the permit have been met as well as whether all other requirements of this chapter have been met.
(I) Minor changes. Minor changes in the location, siting or character of buildings and structures may be authorized by the Zoning Administrator, if required by engineering or other circumstances not foreseen at the time the final development program was approved; provided, however, no change authorized by the Zoning Administrator under this section may increase the size of any building or structure by more than 10%, nor change the location of any building or structure by more than ten feet in any direction, nor make any changes beyond the minimum or maximum requirements set forth in this chapter. All other changes, including changes in the site plan and in the development schedule, must be submitted to the Board of Adjustment. In no case shall the following changes be made without resubmission of the development plan according to the procedures in this section:
(1) A change in the use or character of the development.
(2) An increase in overall density.
(3) An increase in intensity of use.
(4) Alteration of the traffic circulation system.
(5) A reduction in approved open space.
(6) A reduction of off-street parking and loading space.
(J) No development, permit becomes null and void. If no development has occurred within one year after the issuance of a Special Use Permit, the permit shall become null and void without written extension from the Board of Adjustment, and the procedures for application and review as outlined in this section shall be required for any development on subject property.
(1989 Code, Title V, Ch. 51, Art. X, § 1001) (Ord. passed 6-4-1985; Ord. passed 2-11-1997; Ord. 2012-03, passed 4-10-2012; Ord. 2021-03, passed 6-8-2021)
Editor's note:
1 Amended February 11, 1997.
2 Amended June 4, 1985.