The following procedures pertain to special use permits and are not associated with a Conditional Rezoning. Refer to § 153.072 for procedures to be followed in association with Conditional Rezoning requests.
(A) Purpose. There are many uses identified in Appendix C that are "uses by right" and that are allowed "by right" in each general zoning district subject to the use meeting certain area, height, yard and off-street parking and loading requirements. In addition to these uses, there are some uses in these districts that are "special uses" are and subject to the issuance of a special use permit. The purpose of having special uses is to ensure that these uses are compatible with surrounding development and are in keeping with the purposes of the general zoning district in which they are located. There may be some uses that prior to adoption of this subchapter were allowed as "uses by right" but now are allowed subject to a special use permit SUP. For these uses, any expansion or modification to the uses would be subject to the issuance of a special use permit.
(B) Process.
(1) A pre-application meeting between the applicant and the Administrator shall be required in order to familiarize the applicant of the procedure for securing approval of a special use permit. The Administrator shall accept no special use permit application for review without such meeting having first occurred unless the Administrator determines that such meeting would not serve any meaningful purpose and waives the meeting requirement.
(2) Procedures for application submittal are as follows:
(a) A complete special use permit application that is signed by the applicant and which is accompanied by a submittal fee shall be filed with the Administrator.
(b) The application shall be accompanied by a drawing or plan, drawn to scale, that includes or is accompanied by the following:
1. Name, address and phone number of the property owner (or his agent) and the property identification number of the property;
2. A boundary survey and vicinity map, showing the property's total acreage, general location in relation to adjoining streets, railroads and/or waterways, date and north arrow. The zoning classification of the property in question and contiguous properties shall also be shown. (In lieu of the boundary and survey maps, one or more up-to-date tax maps depicting the area in question may be submitted. Any required drawing or depiction of the proposed development or use shall not appear on the tax maps but rather shall appear on the drawing or plan).
3. All existing easements, reservations and rights-of-way.
4. The name and addresses of all owners, tax parcel numbers and existing land use(s) of all contiguous properties.
5. Proposed use of all land and structures including the number of residential units proposed, if any, and total square footage of nonresidential development.
6. Number and location of all proposed structures, their approximate area and exterior dimensions, height, and proposed number of structures.
7. A description of all screening and landscaping required and/or proposed by the applicant; the delineation of any wooded, landscaped or grassed areas existing prior to development and proposed to remain on the property once the development is completed.
8. Proposed phasing, if any, and approximate completion time for the project.
9. Delineation of areas within the regulatory floodplain as shown on the official Federal Emergency Management Agency (FEMA) flood hazard boundary maps for Gaston County.
10. Traffic, parking and circulation plans, showing the proposed location and arrangement of parking spaces and ingress and egress to adjacent streets.
11. A list of any additional development conditions or standards that differ from those that would normally apply to that use. Only conditions that exceed the Town of Dallas' minimum standards can be considered and listed by the applicant.
12. The Administrator reserves the right to waive the depiction of some or all of the information contained above when, in his opinion, such information is not a requirement of this subchapter for the particular special use being requested. Notwithstanding, if either the Planning Board or Board of Alderman determines that such additional information is needed to render a recommendation or decision on the application, they may require the applicant to submit it prior to rendering a decision.
13. In lieu of showing all of the information in paragraphs above, the applicant may submit a general development plan which shows on the proposed site, by land use type, the areas to be developed for buildings and parking and shall show all points of ingress and egress onto thoroughfares and collector streets.
(c) Additional information. In the course of evaluating the proposed special use, the Administrator, Board of Adjustment, or Board of Alderman may request additional information from the applicant in order to assist in the review process. A request for such additional information shall stay any further consideration of the application by such agency. Such additional requested information may include (but shall not be limited to) the following:
1. Stormwater drainage plan.
2. Existing and proposed topography at five-foot contour intervals or less.
3. The existing and proposed location of all water and sewer lines and fire hydrants intended to serve the proposed development.
4. Proposed number, type, and location of signs.
5. A traffic impact study of the proposed development prepared by a qualified transportation or traffic engineer or planner. Information requested to be a part of the impact study may include:
A. Existing traffic conditions within the study area boundary.
B. Traffic volumes generated by the existing and proposed development on the parcel, including the morning peak, afternoon or evening peak, and average annual daily traffic levels.
C. The distribution of existing and proposed trips through the street network.
D. Analyses of the capacities of intersections located within the study area boundary.
E. Recommendations for improvements designed to mitigate traffic impacts and to enhance pedestrian access to the development from the public right-of-way; and
F. Other pertinent information, including but not limited to accidents, noise, and impacts of air quality and other natural resources.
6. Drawings of proposed building elevations.
7. An environmental impact statement that includes some or all of the following:
A. A cover sheet that provides, in summary form, a description of the proposed project;
B. A statement of purpose and need of the project;
C. For projects proposed by public entities, a list of alternatives of the proposed project;
D. A succinct description of the environment affected by the project;
E. A discussion of short and long term consequences of the project on the environment including any adverse environmental impacts which cannot be avoided; and
F. A list of means that could be employed to mitigate any negative effects on the environment caused by this project.
(d) Except as herein provided, no application shall be deemed complete unless it contains or is accompanied by all items listed in Section 5.11.2(B) and as may otherwise be required per Section 5.11.2(C) and a fee, in accordance with a fee schedule approved by the governing board for the submittal of special use permit applications. Said fee shall be waived for any application submitted by any official or agency acting on behalf of the Town of Dallas or the State of North Carolina.
(D) Public evidentiary and decision.
(1) Once an application is deemed complete, public notice must be given per § 153.024 and an evidentiary hearing shall be scheduled at the next Board of Adjustment meeting.
(2) Once the evidentiary hearing has been conducted, the Board of Adjustment shall have up to 45 days to render a decision on the special use permit application from the date their public hearing was concluded. Any such decision shall require the approval of at least three-fourths (¾) of the members of the Board of Adjustment present and not excluded from voting at the meeting at which the decision is made.
(3) Any Board of Adjustment evidentiary hearing relating to a special use permit shall be held in a quasi-judicial manner. Should the Town determine any board other than the Board of Adjustment be assigned decision-making authority for any quasi-judicial matter, that board shall comply with all of the procedures and the process applicable to a board of adjustment in making quasi-judicial decisions.
(4) In approving an application for a special use permit, the Board of Adjustment may attach fair and reasonable conditions to the approval. The applicant must provide written consent to the mutually agreed upon conditions. Such conditions shall be limited to those that address the conformity of the development and use of the site to Town Ordinances and any officially adopted plan and those that address the impacts reasonably expected to be generated by the development or use of the site.
(5) All such conditions shall be entered in the minutes of the meeting at which the permit is granted and also on the approved plans. These may include any subject area regulated in some form within this chapter. These specific conditions may address but shall not be limited to any or all of the following subject areas:
(a) Permitted uses;
(b) Building location and orientation;
(c) Yard dimensions;
(d) Buffer areas;
(e) Signs;
(f) Parking driveways and vehicle circulation patterns;
(g) Designated areas of common open space and for recreation;
(h) Pedestrian circulation;
(i) Loading areas;
(j) Off-street parking;
(k) Number of dwelling units;
(l) Size of commercial structures;
(m) Building height;
(n) Size of dwelling units within multi-family residential developments;
(o) Proposed contours of land following final grading;
(p) Proposed first floor elevations for buildings;
(q) Plans for storm water control;
(r) Location and intensity of lighting;
(s) Timing of development;
(t) Location and extent of rights-of-way and other areas to be dedicated for public use.
(6) The petitioner will have a reasonable opportunity to consider and respond to any additional requirements prior to approval or denial by the Board of Adjustment and Board of Alderman. In no instance shall any of these conditions be less restrictive than any requirements that would pertain to that particular development found in the zoning district in which the property is located. Such conditions may exceed any performance criteria or minimum requirements listed elsewhere in this subchapter that pertain to that development. Such conditions shall be mutually agreeable by the town and the petitioner.
(E) Burden of proof.
(1) The applicant has the burden of producing competent, material and substantial evidence tending to establish the facts and conditions that the items outlined in subsection b require. If any person submits competent, material, and substantial evidence allegedly contrary to any of the facts or conditions listed below, the burden of proof for overcoming such evidence shall rest with the applicant.
(2) Before a permit is granted, the applicant shall demonstrate and the Board of Adjustment shall find:
(a) That the use will not materially endanger the public health, or safety or general welfare if located where proposed and developed according to the plan submitted;
(b) That the use will not create traffic hazards, excessive congestion or hazards to pedestrians within the development and upon the public streets at the points of ingress and egress to such development;
(c) That public facility systems are sufficient to serve the development;
(d) That surrounding properties will be adequately protected from potential adverse effects of the development;
(e) That the development complies with the standards and specifications for the corresponding general zoning districts; and
(f) That the use is consistent with the general plan of development for the area.
(F) Approvals and appeals.
(1) If an application for a special use permit is approved, the owner of the property shall have the ability to:
(a) Develop the use in accordance with the stipulations contained in the special use permit; or
(b) Develop any other use listed as a “permitted use” for the general zoning district in which it is located.
(2) An appeal to a decision made by the Board of Adjustment regarding the issuance of a special use permit may be made to through written notice to the City Manager within 30 days of the Board of Adjustment's decision, the application shall be forwarded for review by the Superior Court Division of the General Courts of Justice of the State of North Carolina by proceedings in the nature of certiorari.
(3) If the Board of Adjustment does not approve the special use permit, the Board shall enter the reason for its action in the minutes of the meeting at which the action is taken.
(4) An appeal to the decision of the Board of Alderman shall be filed with the Clerk of Superior Court in the nature of certiorari in accordance with G.S. 160D-402 within 30 days after the Board of Alderman's decision.
(G) Petition withdrawal. An applicant who has submitted a complete application for a special use permit may withdraw the application prior to a final decision being rendered.
(1) If a petition is withdrawn once an evidentiary hearing has been advertised (via paper, mail, or on-premises sign), a similar petition submitted by that property owner (or his agent) shall not be accepted by the Administrator within 180 days of the date of withdrawal (Note: The purpose of this is to allow petitions to be withdrawn without penalty prior to the posting of any evidentiary hearing notices or submittal of such notice to the newspaper of general circulation).
(2) If said petition is otherwise withdrawn within two business days of an evidentiary hearing where a final decision may have been otherwise rendered, a similar petition submitted by that property owner/or his agent shall not be accepted by the Administrator within one year of the date of withdrawal.
(H) Binding effect. Any special use permit herein authorized shall be perpetually binding to the property included in such permit unless subsequently changed or amended by the Board of Adjustment. All conditions contained in the special use permit shall run with the land and shall be binding on the original applicants, their heirs, successors, and assigns, unless subsequently changed or amended as provided for herein. However, the Administrator may approve minor changes in the detail of the approved application. A "minor change" to the approved special use permit shall be deemed to be a change which:
(1) Will not alter the basic relationship of the proposed development to adjacent property;
(2) Will not increase the gross floor area of any nonresidential use by the smaller of 10% or 10,000 square feet (Note: Such limitations shall be cumulative and shall be based on the gross floor area of the special use permit as originally approved);
(3) Will not decrease the off-street parking ratio below the minimum number of parking spaces required by this subchapter or reduce the yards provided at the periphery of the site, by the lesser of ten feet or 10% of the current existing yard measurement;
(4) Will not increase the height of any structure to the extent that additional usable floor space could be added;
(5) Will not result in an increase in the number of dwelling units constructed; or
(6) Will not alter the uses permitted.
(I) No proposal to amend or change any special use permit shall be considered within 12 months of the date of the original authorization of such permit or within 12 months of the hearing of any previous proposal to amend or change any such permit.
(1) Further changes to the development may be made only by the Board of Adjustment in accordance with this subchapter.
(2) No certificate of occupancy for a use listed as a special use shall be issued for any building or land use on a piece of property which has received a special use permit for such particular use unless the building is constructed or used, or the land is developed or used, in conformity with the special use permit. In the event that only a segment of a proposed development has been approved, the certificate of occupancy shall be issued only for that portion of the development constructed or used as approved.
(J) Period of validity of special use permit. Unless the Board of Adjustment issues a special use permit which either is specifically exempt from any time constraints or has some other specified time period for implementation, the applicant must secure a valid building permit (or certificate of occupancy) within 24 months from date of issuance of the special use permit (Note: The special use permit shall also become null and void unless filed by the applicant with the Register of Deeds within 180 days of permit approval.) If a building permit or certificate of occupancy is not issued at the end of said time period, the special use permit shall automatically expire and shall be deemed rescinded. Such rescission shall not occur if the applicant has secured the vesting of a site development plan for a period of greater than 24 months.
(K) Violations. Any violation of a term or condition of a special use permit shall be treated in the same as a violation of this chapter and shall be subject to the same remedies and penalties as any such violation. Where determined that any term or condition of any special use permit is not being adhered to, staff shall notify the property owner of findings either by certified mail or in persons. In any case where any violation is not corrected or abated within 15 days of the date of such notice, the permit shall thereupon immediately become void and of no effect, and no building permits for further construction or certificates of occupancy under the special use permit shall be issued and all completed structures shall be regarded as non-conforming uses, see § 153.045.
(Ord. passed 12-10-1985; Am. Ord. 1-14-2020; Am. Ord. passed - - )