(A) Applicability.
(1) A special use permit is a permit issued to authorize development or land uses in a particular zoning district upon presentation of competent, material, and substantial evidence establishing compliance with one or more general standards requiring that judgment and discretion be exercised as well as compliance with specific standards. Special uses within each zoning district are uses that may or may not be appropriate in a particular zoning district, depending on the location, design, configuration, density and intensity of use, or other factors requiring individual review.
(2) A special use permit shall be required for all special uses as set forth in § 154.082, Table of Uses.
(B) Pre-application conference. Prior to submitting a formal application, a pre-application consultation may be conducted at the applicant's request. It is recommended that the applicant prepare a sketch plan or some depiction of the proposed development concept for a pre-application meeting with the Zoning Administrator to be sure the project will meet all requirements. Notwithstanding any provision contained in this chapter to the contrary, neither the Zoning Administrator's review of the plan submitted for review nor the Zoning Administrator's comments to the applicant relating thereto shall be considered a denial, approval or decision concerning the application.
(C) Application submittal.
(2) The owner or owners of all the property included in the petition for a special use permit shall submit all required application information to the Greene County Planning Department at least 30 days prior to the Planning Board meeting at which it is to be heard. Such application shall include all of the requirements pertaining to it in this chapter and shall be submitted in accordance with § 154.036, Common Review Procedures as applicable.
(E) Action by Zoning Administrator.
(1) Upon submission of a completed application, the Zoning Administrator shall review the request and associated site plan for consistency with the requirements of this chapter.
(2) Upon completion of the technical review, the Zoning Administrator shall prepare a staff report that reviews the request in accordance with the adopted plans and policies of the county, and the general requirements of this chapter.
(3) The report, site plan and any related application materials shall be presented to the Board of Adjustment during its hearing on the application.
(G) Findings of fact. No special use permit shall be approved unless the following findings are made concerning the application:
(1) The use will not materially endanger the public health or safety if located where proposed and developed according to plan;
(2) The use will meet all required conditions and specifications if used as permitted;
(3) The use will not substantially injure the value of adjoining property or be a public nuisance; and
(4) The location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located.
(H) Conditions.
(1) The Board of Adjustment may impose additional reasonable and appropriate conditions and safeguards on the special use permit approval in accordance with G.S. § 160D-705(c).
(2) All such additional conditions shall be entered in the minutes of the meeting at which the special use permit is granted, on the special use permit itself, and on or attached to the approved plans submitted therewith.
(I) Modifications to approved special use permit. If a proposed modification deviates from the approved special use permit, the applicant shall seek an amendment of the special use permit in accordance with § 154.038, Special Use Permit.
(J) Effect of decision.
(1) If the application for a special use permit is denied by the Board of Adjustment, there may be no subsequent application for the same or similar use submitted by any party for any part of the subject property until six months have elapsed from the date of denial.
(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.
(K) Expiration.
(1) A special use permit shall expire one year after the date of issuance if the work authorized by the approval has not been substantially commenced. If after commencement the work or activity allowed under a special use permit is discontinued for a period of 12 months after commencement, the special use permit shall immediately expire. The time periods set out in this division shall be tolled during the pendency of any appeal. No work or activity authorized by a special ise permit that has expired shall thereafter be performed until a new development approval has been secured.
(2) Upon written application, submitted at least 30 days prior to the expiration of the permit by the applicant, and upon a showing of good cause, the Zoning Administrator may grant one extension to the special use permit for a period not to exceed six months. Failure to submit an application for an extension within the time limits established by this section shall result in the expiration of the special use permit.
(L) Revocation of special use permit.
(2) Before revoking a permit or other authorization pursuant to § 154.113, the Zoning Administrator must give the holder of the permit ten days written notice of intent to revoke the permit and include the reasons for the intended revocation.
(3) On revoking a permit, the Zoning Administrator must give the holder of the permit a written notice, including specific reasons for, the revocation.
(4) If revoked, no building permits for further construction or certificates of occupancy under this special use permit shall be issued, and all completed structures shall be regarded as nonconforming uses subject to the provisions of this chapter.
(5) In such cases, the owner of the property and to the person who sought the determination, if different from the owner, shall be notified that the special use permit is no longer in effect in accordance with § 154.113.
(M) Notice. In addition to any other requirements of this subchapter regarding the approval or disapproval of an application for a special use permit, the approvals and disapprovals set forth in this section shall be communicated by the officer or board making the determination who shall in turn give written notice to the owner of the property that is the subject of the determination and to the party who sought the determination, if different from the owner. The written notice shall be delivered by personal delivery, electronic mail, or by first-class mail. The notice shall be delivered to the last address listed for the owner of the affected property on the county tax abstract and to the address provided in the application or request for a determination if the party seeking the determination is different from the owner.
(Ord. passed 6-21-21)