(A) Conditions
In approving a special use, the Zoning Board of Adjustment may attach reasonable and appropriate conditions and safeguards. Where appropriate, such conditions may include requirements that street and utility rights-of-way be dedicated to the public and that provision be made for recreational space and facilities. Conditions and safeguards imposed under this subsection shall not include requirements for which the Town does not have authority under statute to regulate nor requirements for which the courts have held to be unenforceable if imposed directly by a local government, including, without limitation, taxes, impact fees, building design elements within the scope of G.S. 160D-702(b), driveway-related improvements in excess of those allowed in G.S. 136-18(29) and G.S. 160A-307, or other unauthorized limitations on the development or use of land.
(B) Subsequent Permits and Approvals
Approval of an application to establish a special use authorizes the applicant to obtain building permits, certificates of occupancy, development plan approval, and other permits or approvals that the Town may require for the proposed development. If the special use included a development plan that must be approved by the Zoning Board of Adjustment, then approval of the special use is contingent on approval of the development plan. The Planning Department shall review applications for these permits for compliance with the terms of the special use approval. A permit, certificate, or other approval shall be issued or valid only for work that complies with the terms of the special use approval.
(C) Transferability of Approval
A special use approval is not transferable from one (1) property to another, but may be transferred to a successor-in-interest to the property.
(D) Resubmission of Denied Applications
No application for approval of a special use shall be filed with or accepted by the Planning Department that is identical or substantially similar to an application that has been denied by the Zoning Board of Adjustment within the previous year. This waiting period requirement may be waived in an individual case, for good cause shown, by the affirmative vote of four-fifths (4/5) of the members of the Zoning Board of Adjustment.
(E) Recording of Approved Special Uses
Upon expiration of the appeal period, a copy of the signed resolution approving a special use should be recorded with the applicable county’s Register of Deeds.