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(A) A pplicability.
( 1) Conditional uses are considered to be uses that may be appropriate in a particular zoning district, but because of their potential for incompatibility with adjacent uses require individual review by the Board of Adjustment.
( 2) A conditional use permit shall be required for all conditional uses as set forth in the Permitted Land Use Table (see § 155.202(B)) . A development comprised of uses regulated by separate rows on the table shall be reviewed using the most restrictive process from among the proposed uses. The conditional use review process is as follows:
(3) Where a use requiring approval as conditional use lies on a separate legal parcel, only the building containing the use and its separate parcel shall be subject to conditional use review, not the entire project. However, where the separate legal parcel is an outparcel, the application shall describe the relationship of the outparcel to the remaining site.
(B) Pre-application conference. All applicants seeking conditional use approval shall schedule a pre-application conference with the Planning Director, in accordance with § 155.702(A).
(C) Application requirements.
(1) An application for a conditional use permit shall be submitted in accordance with § 155.702(C).
(2) If a site plan is required for the proposed conditional use permit pursuant to § 155.707, the applicant shall submit a site plan for review and approval concurrent with the conditional use permit request, in accordance with § 155.707. The two applications shall be filed together and review of each application shall proceed simultaneously in accordance with the provisions of this chapter. However, the designated decision-making body shall render separate decisions on each application, recognizing that the applications are distinct and subject to different standards for approval.
(3) A traffic impact analysis may be required if the proposed development meets the thresholds established in § 155.708.
(D) Neighborhood meeting. All applicants seeking conditional use permit approval shall hold a neighborhood meeting in accordance with § 155.702(B).
(E) Action by Planning Director.
(1) Upon submission of a completed application, the Planning Director shall schedule the conditional use permit request and site plan, if applicable, for review by the Technical Review Committee. The Technical Review Committee shall review the request for consistency with the requirements of this chapter.
(2) Upon completion of the technical review, the Planning Director shall prepare a report that reviews the application in light of comments provided by the Technical Review Committee, in light of the adopted plans and policies of the town, and the general requirements of this chapter. The report, site plan and any related application materials shall be forwarded to the Board of Adjustment.
(3) Where a major site plan is required, the Planning Board shall consider the site plan application following action by the Board of Adjustment. The site plan shall be processed pursuant to § 155.707.
(F) Notice and public hearings. The town shall hold all required public hearings and give notice in accordance with § 155.702(D).
(G) Action by Board of Adjustment.
(a) The Board of Adjustment may approve the request, deny the request, or continue the request. A simple majority vote of the Board is necessary to grant a conditional use permit.
(b) Each decision shall be accompanied by the findings of fact that specifies the reason for the decision.
(c) In approving the conditional use permit, the Board of Adjustment may prescribe reasonable and appropriate conditions which will ensure that the use will be compatible with adjacent properties and will not alter the character of the neighborhood.
(d) Conditions may be imposed by the Board of Adjustment regarding the location, character, and other features of the proposed building or use as may be deemed by the Board of Adjustment to protect property values and general welfare of the neighborhood. Nonconformance with such conditions and safeguards, when part of the terms under which the conditional use permit is granted, shall be deemed a violation of this chapter.
(e) Any additional condition approved by the Board of Adjustment shall become a part of the permit.
(2) Findings of fact. No conditional use permit shall be approved by the Board of Adjustment, unless the following findings are made concerning the application:
(a) That the application will not materially endanger the public health or safety if located where proposed, and developed according to the plans as submitted and approved.
(b) That the application meets all required specifications and conforms to the standards and practices of sound land use planning and the town Code of Ordinances, or other applicable regulations.
(c) That the application will not substantially injure the value of adjoining or abutting property, and will not be detrimental to the use or development of adjacent properties or other neighborhood uses.
(d) That the application will not adversely affect the adopted plans and polices of the town, or violate the character of existing standards for development of the adjacent properties.
(H) Modifications to approved conditional use permits.
(1) Minor deviations. The Planning Director is authorized to approve minor deviations to a conditional use permit, if such change is not contrary to the approving action of the Board of Adjustment, but shall not have the authority to approve substantial deviations as set forth below.
(2) Substantial deviations.
(a) Any deviation requiring evidentiary support in addition to that presented at a public hearing on applications for the original permit shall constitute a substantial deviation. Before making a determination as to whether a proposed action is a minor deviation or a substantial deviation, the Planning Director shall review the record of the proceedings on the original application. Substantial deviations shall include the following:
1. A change in the boundaries of the approved site;
2. A change from the approved use;
3. An increase of 5% or more in the approved floor area, unless proposed addition is 500 square feet of floor area or less, whether such addition is proposed at one time or over an extended period of time;
4. An increase of 5% or more in the number of approved parking spaces, unless the proposed addition is ten or fewer spaces, whether such addition is proposed at one time or over an extended period of time;
5. Substantial change in the location of principal or accessory structures;
6. Structural alterations significantly affecting the basic size, form, style, ornamentation, and appearance of principal or accessory structures as shown on the approved site plan;
7. Substantial changes in pedestrian or vehicular access or circulation; and
8. Substantial change in the amount or location of landscape screens.
(b) If a proposed amendment deviates substantially from the approved conditional use permit, the approved conditional use permit shall be amended in accordance with the procedure and standards which governed its approval.
(I) Effect of decision.
(1) If the Board of Adjustment votes to deny an application, there may be no subsequent application for the same or similar use submitted by any party for any part of the subject property until 12 months have elapsed from the date of denial. If the Board of Adjustment votes to approve an application, the permit shall be recorded in the County Register of Deeds office.
(2) The conditional use permit and additional conditions, if applicable, shall run with the land and shall be binding on the original applicant as well as any successors, assigns, and heirs. Any decision by the Board of Adjustment, may be appealed within 30 days of the decision in accordance with G.S. § 160A-381.
(J) Period of validity.
(1) An approved conditional use permit shall expire 12 months from the date of approval unless the proposed development is pursued as set forth below:
(a) A complete building permit application has been submitted and remains valid;
(b) Where more than one building is to be built, the applicant may submit a series of building permit applications. The first application shall be submitted within 12 months from the date approval was granted. Each subsequent application shall be submitted within 180 days from the date of issuance of a certificate of occupancy for the previous building; or
(c) If no building permit is required, a zoning permit has been issued.
(2) Once the appropriate permit has been issued, the conditional use permit shall remain in force unless the use, construction, or activity ceases for a period of 12 consecutive months. In such instance the conditional use permit shall become void. If a conditional use is determined by the Planning Director to be void, such determination shall be transmitted in writing to the applicant.
(K) Building permit/certificate of occupancy/zoning permit.
(1) No building permit, certificate of occupancy or zoning permit shall be issued for the conditional use permit until the site plan (if required) for the proposed use or development has been approved by the Planning Director (minor) or the Planning Board (major).
(2) In order to secure a vested right for a site plan, the applicant must submit a site-specific development plan in accordance with § 155.718.
(L) Revocation of a conditional use permit.
(1) If any conditions of a conditional use permit or other requirements of this chapter are violated, the Board of Adjustment may revoke the permit. Revocation may occur after an evidentiary hearing is conducted by the Board of Adjustment.
(2) Upon a four-fifths vote, the Board of Adjustment shall revoke the permit, and notice of such revocation shall be recorded in the County Register of Deeds office.
(3) Violations of conditions of a conditional use permit shall be considered a violation of this chapter and thereby subject to the provisions of § 155.720.
(M) Coordination with variances. Applications for variances may be submitted concurrently with a request for a conditional use permit. However, decisions shall be rendered with separate motions. The conditional use permit request shall be considered first, and where it is denied, the variance request shall be null and void.
(N) Coordination with rezoning. An application for a conditional use permit may be reviewed concurrently with a rezoning application. However, a decision shall be rendered first for any rezoning and then subsequently for any conditional use permit.
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2011-05-01, passed 5-2-11; Am. Ord. 2014-03-02, passed 3-17-14; Am. Ord. 2018-07-02, passed 7-16-18)