(A) Purpose. Special uses are uses that are generally compatible with the other uses permitted in a zoning district, but require individual review of their location, design, configuration, density and intensity of use, and usually require the imposition of conditions to ensure the appropriateness of the use at a particular location.
(B) Authority. The Board of Adjustment is authorized to review and decide applications for special use permits in accordance with this section. Only those uses identified as special uses in § 152.145 of this chapter are authorized to be considered as special uses under this section. The designation of a use as a special use does not constitute an authorization that such use shall be approved through a special use permit in accordance with this section. Rather, each proposed special use shall be evaluated by the Board of Adjustment for compliance with the standards set forth in this section and the applicable standards for the use in §§ 152.146 through 152.201 of this chapter (if appropriate).
(C) Initiation. An application for a special use permit may only be initiated by the owner(s), of the property for which the special use permit is designated. Agents of property owners may apply only after submitting a notarized letter of agency containing the signatures of all owners holding a beneficial interest in the property for which the special use permit is designated.
(D) Procedures.
(2) Site plan required. A site plan must be submitted as part of the application for a special use permit. The site plan shall conform to the requirements set forth in § 152.075(E)(4) of this chapter.
(3) Action by Board of Adjustment. After public notification and scheduling of a public hearing, the Board of Adjustment shall conduct a quasi-judicial public hearing on the application. At the public hearing, the Board of Adjustment shall consider the application, the relevant supporting materials, the site plan and evidence presented at the quasi-judicial public hearing. After the close of the public hearing, the Board of Adjustment shall approve, approve with conditions or deny the application based on the standards in division (E) below. In accordance with the standards set forth in G.S. § 160A-388(e), granting approval or conditional approval of a special use permit shall require an affirmative vote of at least five-sixths of the members of the Board of Adjustment who are eligible to vote. All decisions by the Board of Adjustment shall be in writing.
(E) Required findings of fact. A special use permit shall only be approved by the Board of Adjustment when each of the following findings have been made:
(1) The proposed use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity;
(3) The proposed use is compatible with the character of surrounding property and uses permitted in the zoning district(s) of surrounding property;
(4) The proposed use is configured in a manner to minimize any adverse effects on surrounding lands;
(5) The proposed use will not adversely impact traffic circulation on or in the vicinity of the site;
(6) The proposed use will not be detrimental to the value of adjacent or nearby property; and
(7) The proposed use is in full compliance with all other relevant town laws and ordinances, state and federal laws and regulations.
(F) Conditions of approval. In approving a special use permit, the Board of Adjustment may impose additional conditions on the permit approval in accordance with G.S. § 160A-381. All additional conditions imposed must be accepted by the applicant.
(G) Effect of approval. Issuance of a special use permit shall authorize only the particular special use that is approved in the permit. All subsequent development and use of the property must be in accordance with the approved special use permit and conditions (if applicable). Nothing in this division (E) shall prevent the establishment of a different use of land; provided, such use is established in accordance with the requirements in this chapter.
(H) Recordation. The applicant shall, at his or her expense, record the special use permit in the office of the Register of Deeds of the county within 30 days of its issuance and provide the town with evidence of its recordation.
(I) Subsequent development. Development authorized by the special use permit shall not be carried out until the applicant has secured all other permits required by this chapter or any other applicable provisions of the town. A special use permit does not ensure that the use shall receive subsequent approval for other applications for permit approval unless the relevant and applicable portions of this chapter or any other applicable provisions are met.
(J) Expiration.
(1) General. The town’s Board of Commissioners may prescribe a time limit within which development activity shall begin or be completed under the special use permit, or both. Failure to begin or complete such development activity within the time limit specified shall void the special use permit. Unless specified otherwise by the town’s Board of Commissioners, a special use permit shall automatically expire two years from the date of its issuance if:
(a) The development authorized by the permit has not commenced, and no substantial construction, alteration, demolition, excavation or other similar work required by the permit is completed;
(b) Less than 10% of the total amount of development approved as part of the permit is completed, when construction, alteration, demolition, excavation or other similar work is required; or
(c) The development approved by the special use permit is discontinued and not resumed for a period of one year.
(2) Extension. Upon written application submitted at least 30 days prior to the expiration of the permit period by the applicant, and upon a showing of good cause, the Ordinance Administrator may grant one extension 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.
(K) Minor deviation. Minor field alterations or minor revisions to approved special use permits may be approved by the Ordinance Administrator if the special use still meets the intent of the standards established with the original approval. Any other change shall be considered as an amendment. Minor field alterations and revisions include, but are not limited to, small shifts in the location of structures, parking areas, landscaping, utilities, driveways and other site features in order to accommodate the existence of circumstances found during construction that could not have been anticipated prior to the commencement of development activity.
(L) Amendment. A special use permit may be amended, extended or modified only in accordance with the procedures and standards established for its original approval.
(Ord. passed 3-5-2018)