The Board of Commissioners may hear and decide special use permits where such special uses are specified by this chapter. Special use permits shall be subject to quasi-judicial procedures as set forth in Section 22-70. 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 provisions be made for recreational space and facilities. Conditions cannot be imposed on the applicant for which Dare County does not have the statutory authority to impose. Written consent to conditions shall be secured as part of the special use permit process to ensure enforceability of conditions.
(a) Application Process: A written application for a special use permit shall be submitted to the Planning Director for processing according to the schedule established by Dare County. Such written application shall indicate the section of the development regulations under which a special use permit is being sought and shall contain the information required by the appropriate development regulation and other information as may be required to insure compliance with this section and applicable development regulations.
(b) Planning Board Review: The Planning Board shall review any special use permit applications as a preliminary forum and provide a statement of review to the Board of Commissioners, which may include a recommendation on reasonable and appropriate conditions. However, no part of the forum or Planning Board recommendation shall be used as basis for the decision rendered by the Board of Commissioners.
(c) Notice: Notice procedures for evidentiary hearings in Section 22-72 of this chapter shall be implemented during the review of special use permits.
(d) SUP Application Materials: The Planning Director or other Planning staff shall transmit to the Board all applicable reports, site plans and written materials relevant to the special use permit application. The administrative materials may be distributed to the Board members prior to the evidentiary hearing if at the same time the materials are distributed to the applicant and to the landowner if that person is not the applicant. The administrative materials may be distributed in written or electronic form. Objections to the inclusion or exclusion of administrative materials may be made before or during the evidentiary hearing. Rulings on unresolved objections shall be made by the Board at the meeting.
(e) Voting on Special Use Permit Applications: A majority of the Board members shall be required to decide any special use permit decision.
(f) The issuance of a special use permit does not relieve the applicant of the need for additional building permits or other permit approvals as may be required by other applicable laws. As part of the approval, Dare County may require a special use permit be recorded in the Dare County Register of Deeds. The approval of a special use permit shall run with the land and not be affected by a change in ownership of the property.
(g) Inspections: The Planning Director or designee may inspect work authorized by a special use permit to assure that work is being done in accordance with the terms of the special use approval and other applicable state and local laws. Staff shall have authority to enter the premises at all reasonable hours for the purposes of inspection or other enforcement action upon presentation of proper credentials provided the appropriate consent has been given for areas not open to the public or that an appropriate inspection warrant has been secured.
(h) Certificate of Zoning Compliance: Dare County may make final inspection upon completion of work or activity undertaken in conjunction with a special use permit approval and issue a certificate of zoning compliance if the completed work complies with all applicable state and local laws and with the terms of the special use permit approval. No building, structure or use of land that is subject to a building permit shall be occupied or used until a certificate of zoning compliance has been issued by the Planning Director. A certificate of zoning compliance for a special use permit does not replace the requirement for a certificate of occupancy for any building or structure required by G.S. Ch. 160D, Article 11. A copy of the certificate of zoning compliance shall be presented to the building inspector prior to the issuance of the certificate of occupancy.
(i) Revocation of Special Use Permit Approval: Special use permit approval may be revoked by the Dare County Board of Commissioners. The same process for approval of a special use permit, including notice and hearing, shall be followed in the revocation of any special use permit. Special use permit approval shall be revoked for any substantial departure from the approved application, plans or specifications; for refusal or failure to comply with the requirements of any development regulations or any State law delegated to Dare County for enforcement purposes; or for false statements or misrepresentations made in securing the approval.
(j) Changes: After a special use permit approval has been issued, no deviations from the terms of the application or special use permit approval shall be made until written approval of proposed changes or deviations has been obtained. The same review and approval process of any major modification shall be followed. Minor modifications shall be exempt from the full application and approval process and may be approved by the Planning Director in writing. Minor modifications may include decreases in square footage amounts of any proposed structure; revised parking lot layouts; reconfiguration of proposed site improvements in response to North Carolina fire codes or other required state agency permit; decreases in lot coverage amounts; or other minor modifications of a similar nature. Increased density or height, increased gross floor area, change of use or the addition of other structures shall not be considered minor modifications. If multiple parcels of land are subject to a special use permit, the owners of individual parcels may apply for permit modifications so long as the modifications do not result in the other properties failing to meet the terms of the special use permit or regulations. Any modifications approved shall only be applicable to those properties whose owners apply for the modification.
(Ord. passed 6-21-2021)