A. Special use permits, as defined in G.S. § 160D-102(30) and described in G.S. § 160D- 705(c), are required for uses which in an unmitigated state may create negative impacts to neighboring properties or uses. This process allows each proposed
to be evaluated by its merits and conditions specific to each site.
B. Applicability. In addition to the other special uses listed in the use table in Article 5, General Development Standards, the following types have significant city-wide impacts and require special use permits:
1. Any nonresidential or mixed-use
encompassing 100,000 or more square feet of gross floor area.
2. Any single-family residential subdivision of 200 or more lots.
3. Any multifamily residential
of 100 or more units.
C. Staff Review. Upon receipt of the application and determination of completeness, the shall create a report for the Town Council.
D. Special Use Review Criteria. Special use applications may be approved by the Town Council if it finds that all the following findings of fact have been met:
1. The proposed
will not endanger the public health or safety.
2. The proposed
will not substantially injure the value of adjoining or abutting property.
3. If completed as proposed, the
will comply with all requirements of this Ordinance.
4. The proposed
is consistent with the Town’s adopted transportation plan(s), other relevant adopted plans and policies, and the stated purpose and intent of this UDO (the fact that the
is permitted under certain circumstances in the zoning district creates a rebuttable presumption that the proposed use is in harmony with the intent of the UDO as relates to the general zoning plan).
5. The proposed
is compatible with adjacent uses and proximate neighborhood in terms of
scale, site design, buffering and screening, operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts).
6. Any significant adverse impacts resulting from the
will be mitigated or offset, including impacts on the natural environment.
7. The public safety, transportation and
and services will be available to serve the subject property while maintaining sufficient levels of service for
.
8. Adequate assurances of continuing maintenance have been provided.
E. Conditions of Approval.
1. Without limiting the foregoing, the permit-issuing authority may attach a condition limiting the permit to a specified duration or may otherwise impose such reasonable conditions as necessary to address the impacts of the proposed developments on:
a. Adjoining property.
b. The existing natural and man-made features of the site.
c. Off-site and on-site traffic flow.
d. Public utilities, infrastructure, and services.
e. Such other public services or goals of the Comprehensive Growth Plan, adopted plans, or the Transportation Plan that may be negatively impacted by the proposed
.
2. All additional conditions or requirements shall be recorded on the permit and shall be affirmed be deemed to have been consented to by the applicant unless the decision is properly appealed in accordance with G.S. 160D-406(k).
3. All additional conditions or requirements authorized by this section are enforceable in the same manner and to the same extent as any other applicable requirements of this UDO.
4. A vote may be taken on additional conditions or requirements before consideration of whether the permit should be denied for any of the reasons set forth above. The applicant must give written consent to any conditions for the permit to be valid.
(Ord. No. 3376, § 12, 1-17-06; Ord. No. 3396, § 2, 4-3-06; Ord. No. 3558, § 2, 7-7-09; Ord. No. 3694, § 1, 5-21-2013; Ord., 3-16-21)