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(1) Special uses within each general use district are uses that may be appropriate in a particular district, but because of the increased potential for incompatibility with adjacent uses requires individual review by the Town Council.
(2) A special use permit shall be required for all special uses as set forth in the Permitted Land Use Table (see § 155.202). 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.
(3) Where a use requiring a approval as a special use lies on a separate legal parcel, only the building containing the use and its separate parcel shall be subject to special 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.
(4) Previously approved and valid Conditional Use Permits are subject to § 155.109.
(B) Pre-application conference. All applicants seeking special use approval shall schedule a pre-application conference with the planning director, in accordance with § 155.702(A).
(C) Neighborhood meeting. All applicants seeking special use approval shall hold a neighborhood meeting in accordance with § 155.702(B).
(D) Application requirements.
(1) Concurrent with a request for a special use permit, an applicant shall submit a site plan application for review and approval.
(2) An application for a special use permit shall be submitted in accordance with § 155.702(C).
(3) A traffic impact analysis may be required if the proposed development meets the thresholds established in § 155.708.
(E) Notice and public hearings. The town shall hold all required public hearings and give notice in accordance with § 155.702(D).
(F) Action by Planning Director.
(1) Upon submission of a completed application, the Planning Director shall schedule the associated site plan application for review by the Technical Review Committee. The Technical Review Committee shall review the site plan 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 Town Council.
(G) Action by Town Council.
(1) Before taking action on the special use request, the Town Council shall consider the recommendation of the Planning Director.
(2) The Town Council may approve the request, deny the request, or send the request back to the Technical Review Committee for additional consideration.
(H) Findings of fact required. No special use permit shall be approved unless the following findings are made concerning the application:
(1) 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.
(2) 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.
(3) 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.
(4) That the application will not adversely affect the adopted plans and policies of the town, or violate the character of existing standards for development of the adjacent properties.
(I) Additional conditions.
(1) In granting approval of a special use permit, the Town Council may impose reasonable conditions which serve to assure that the required findings are upheld. Such conditions may include, but are not limited to, right-of-way or easement dedication; recreation, open space, or buffer provision; limitation in scale, intensity, or hours of operation; and other reasonable restrictions.
(2) Any additional condition approved by the Town Council shall become a part of the permit and be of equal importance in the responsibility of the applicant or subsequent assigns to adhere to its terms.
(3) Prior to a decision by the Town Council, the applicant shall consent to these conditions in writing or decline consent to the conditions. Conditions and safeguards imposed under this section 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.
(J) Modifications to approved special use permits.
(1) Minor deviations. The Planning Director shall approve minor deviations to a special use permit provided that such changes are not contrary to the approving action of the Town Council. The Planning Director 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 special use permit, the approved special use permit shall be amended in accordance with the procedure and standards which governed its approval.
(K) Effect of decision.
(1) If the Town Council 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 Town Council votes to approve an application, the permit shall be recorded in the County Register of Deeds office.
(2) The special 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 Town Council may be appealed within 30 days of the decision in accordance with G.S. § 160D-406.
(L) Period of validity.
(1) An approved special 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 certificate of occupancy has been issued.
(2) Once the appropriate permit has been issued, the special use permit shall remain valid unless the use, construction, or activity ceases for a period of 12 consecutive months. In such instance the special use permit shall become void. If a special use is determined by the Planning Director to be void, such determination shall be transmitted in writing to the applicant.
(M) Building permit/certificate of occupancy.
(1) No building permit or certificate of occupancy shall be issued until the required site plan of the proposed use or development has been approved by the appropriate review body.
(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.
(N) Revocation of a special use permit.
(1) If any conditions of a special use permit, or other requirements of this chapter are violated, the Planning Director shall begin proceedings to revoke the permit.
(2) Revocation may occur after an evidentiary hearing is conducted by the Town Council.
(3) Upon a four-fifths vote, the Town Council shall revoke the permit, and notice of such revocation shall be recorded in the County Register of Deeds office.
(4) Violations of conditions of a special use permit shall be considered a violation of this chapter and thereby subject to the provisions of § 155.720.
(O) Coordination with variances. Applications for variances may be submitted concurrently with a request for a special use permit. The variance shall be considered first and any special use permit application shall be decided afterward.
(P) Coordination with rezoning. An application for a special 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 special use permit.
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2018-07-02, passed 7-16-18; Am. Ord. 2021-02-02, passed 2-15-21)