(A) Conditions shall be mutually agreed upon between the BOC and the applicant, consented to in writing, and shall be limited to standards that are site specific, that will ensure conformance with relevant codes and adopted land use plans for the town, and that will address the impacts reasonably expected to be generated by the development and use of the site. Reasonable and appropriate conditions and safeguards may be imposed upon these permits. 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 division 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 the town, 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. Special use approval shall be the responsibility of the town BOC following a quasi-judicial hearing, consideration of the facts surrounding the request, and their determination by majority vote as to the reasonableness and consistency of the proposal to the town’s adopted land use planning documents. The BOC shall approve, approve with conditions, or deny the request for a special use permit. In reviewing a request for a special use permit, the BOC, with due consideration of adjacent properties and uses in the affected district, shall make findings of fact that the following requirements are fulfilled:
(1) The use requested is listed among the special uses in the district for which application is made; or is similar in character to those listed in that district;
(2) The special use will not impair the integrity or character of the surrounding or adjoining districts, nor adversely affect the safety, health, or welfare of the community or of the immediate neighbors of the property; and
(3) The requested special use will be in conformity with the approved land use plan;
(4) Adequate utilities, roads, driveways, parking, stormwater control, sanitation, and other necessary facilities have been or are being provided;
(5) That the use will not endanger the public health or safety if located where proposed and developed according to the plan as submitted;
(6) That the use will not substantially injure the value of adjoining or abutting property;
(7) That the location and character of the use, if developed according to the plan submitted and approved, with be in harmony with the area in which it is to be located; and
(8) Whether additional limitations or restrictions are necessary in order to protect properties. Said restrictions may include: setback limitations, fencing and screening of structures, height restrictions, continued maintenance of the structure, restrictions on signage, and aesthetic considerations.
(B) Larger developments may be approved with conditions permitting multi-phase construction, but development in these phases shall be limited to the plans and specifications presented and approved at the time of the original submission. All subsequent amendments or changes shall require full approval process like a new project or subdivision.
(Ord. passed 6-8-78; Am. Res. passed 4-8-10; Am. Ord. passed - -)