(A) Applicability.
(1) Conditional uses within a zoning district are considered to be uses that may be appropriate in a particular zoning district, but because of their potential for incompatibility with adjacent uses require individual review by the Board of Adjustment.
(2) (a) A conditional use permit shall be required for all conditional uses as set forth in the Permitted Land Use Table (see § 156.202). A development comprised of uses regulated by separate rows on the table shall be reviewed using the most restrictive process from among the proposed uses.
(b) If a proposed development includes a child care center, library and a restaurant, including outparcels, and one of those uses is only permitted as a conditional use in the district, then the entire development requires conditional use review.
(3) (a) Where a use requiring approval as conditional use lies on a separate legal parcel, only the building containing the use and its separate parcel shall be subject to conditional use review, not the entire project. However, where the separate legal parcel is an outparcel, the application shall describe the relationship of the outparcel to the remaining site.
(b) For example, where a use in the B-3 district (requiring a conditional use permit) is an outparcel within a larger retail development, the conditional use review shall apply to the outparcel only - not the entire development. However, where a conditional use is proposed in a building that contains a variety of other uses, the entire building and its associated parcel of land shall require conditional use review.
(B) Pre-application conference. All applicants seeking conditional use approval shall schedule a pre-application conference with the Planning Director, in accordance with § 156.702.
(C) Application requirements.
(1) Concurrent with a request for a conditional use permit, an applicant shall submit a site plan for review and approval.
(2) An application for a conditional use permit shall be submitted in accordance with § 156.702.
(3) A traffic impact analysis may be required if the proposed development meets the thresholds established in § 156.708.
(D) Notice and public hearings. The town shall hold all required public hearings and give notice in accordance with § 156.702.
(E) Action by Planning Director.
(1) Upon submission of a completed application, the Planning Director shall schedule the site plan for review by the Technical Review Committee. The Technical Review Committee shall review the site plan for consistency with the requirements of this chapter.
(2) Upon completion of the technical review for a site plan, the Planning Director shall prepare a report that reviews the application in light of comments provided by the Technical Review Committee, in light of the adopted plans and policies of the town, and the general requirements of this chapter. The report, site plan and any related application materials shall be forwarded to the Board of Adjustment.
(3) Where a major site plan is required, approval of the conditional use permit by the Board of Adjustment shall be considered site plan approval.
(F) Action by Board of Adjustment.
(1) After considering the Technical Review Committee's comments, the Board of Adjustment shall approve or disapprove the request, or send the request back to the Technical Review Committee for additional consideration.
(2) Site plans requiring revisions shall be returned to the Technical Review Committee's within 90 days or the application shall be considered withdrawn. One extension period may be granted by Board of Adjustment.
(G) Findings of fact required. No conditional use permit shall be approved by the Board of Adjustment, unless the following findings are made concerning the application:
(1) That the application will not materially endanger the public health or safety if located where proposed and developed according to the plans as submitted and approved.
(2) That the application meets all required specifications and conforms to the standards and practices of sound land use planning and the Town Code of Ordinances, or other applicable regulations.
(3) That the application will not substantially injure the value of adjoining or abutting property, and will not be detrimental to the use or development of adjacent properties or other neighborhood uses.
(4) That the application will not adversely affect the adopted plans and polices of the town, or violate the character of existing standards for development of the adjacent properties.
(H) Additional conditions.
(1) In granting approval of a conditional use permit, the Board of Adjustment may impose reasonable conditions which serve to assure that the required findings are upheld. Such conditions may include, but are not limited to, right-of-way or easement dedication; recreation, open space, or buffer provision; limitation in scale, intensity, or hours of operation; and other reasonable restrictions.
(2) Any additional condition approved by the Board of Adjustment shall become a part of the permit and be of equal importance in the responsibility of the applicant or subsequent assigns to adhere to its terms.
(I) Modifications to approved conditional use permits.
(1) Minor deviations. The Planning Director is authorized to approve minor deviations to a conditional use permit, if such change is not contrary to the approving action of the Board of Adjustment, but shall not have the authority to approve substantial deviations as set forth below.
(2) Substantial deviations.
(a) Any deviation requiring evidentiary support in addition to that presented at a public hearing on applications for the original permit shall constitute a substantial deviation. Before making a determination as to whether a proposed action is a minor deviation or a substantial deviation, the Planning Director shall review the record of the proceedings on the original application. Substantial deviations shall include the following:
1. A change in the boundaries of the approved site;
2. A change from the approved use;
3. An increase of 5% or more in the approved floor area, unless proposed addition is 500 square feet of floor area or less, whether such addition is proposed at one time or over an extended period of time;
4. An increase of 5% or more in the number of approved parking spaces, unless the proposed addition is 10 or fewer spaces, whether such addition is proposed at one time or over an extended period of time;
5. Substantial change in the location of principal or accessory structures;
6. Structural alterations significantly affecting the basic size, form, style, ornamentation, and appearance of principal or accessory structures as shown on the approved site plan;
7. Substantial changes in pedestrian or vehicular access or circulation; and
8. Substantial change in the amount or location of landscape screens.
(b) If a proposed amendment deviates substantially from the approved conditional use permit, the approved conditional use permit shall be amended in accordance with the procedure and standards which governed its approval.
(J) Effect of decision.
(1) If the Board of Adjustment votes to deny an application, there may be no subsequent application for the same or similar use submitted by any party for any part of the subject property until 12 months have elapsed from the date of denial. If the Board of Adjustment votes to approve an application, the permit shall be recorded in the County Register of Deeds office.
(2) The conditional 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. Any decision by the Board of Adjustment may be appealed within 30 days of the decision in accordance with G.S. § 160A-381.
(K) Period of validity.
(1) An approved conditional use permit shall expire 12 months from the date of approval unless the proposed development is pursued as set forth below:
(a) A complete building permit application has been submitted and remains valid;
(b) Where more than 1 building is to be built, the applicant may submit a series of building permit applications. The first application shall be submitted within 12 months from the date approval was granted. Each subsequent application shall be submitted within 180 days from the date of issuance of a certificate of occupancy for the previous building; or
(c) If no building permit is required, a certificate of occupancy has been issued.
(2) Once the appropriate permit has been issued, the conditional use permit shall remain in force unless the use, construction, or activity ceases for a period of 12 consecutive months. In such instance the conditional use permit shall become void. If a conditional use is determined by the Planning Director to be void, such determination shall be transmitted in writing to the applicant.
(L) Building permit/certificate of occupancy.
(1) No building permit or certificate of occupancy shall be issued until the required site plan of the proposed use or development has been approved by the Board of Adjustment.
(2) In order to secure a vested right for a site plan, the applicant must submit a site-specific development plan in accordance with § 156.718.
(M) Revocation of a conditional use permit.
(1) If any conditions of a conditional use permit, or other requirements of this chapter are violated, the Board of Adjustment may revoke the permit. Revocation may occur after an evidentiary hearing is conducted by the Board of Adjustment.
(2) Upon a 4/5 vote, the Board of Adjustment shall revoke the permit, and notice of such revocation shall be recorded in the County Register of Deeds office.
(3) Violations of conditions of a conditional use permit shall be considered a violation of this chapter and thereby subject to the provisions of § 156.720.
(N) Coordination with variances. Applications for variances may be submitted concurrently with a request for a conditional use permit. However, decisions shall be rendered with separate motions. The conditional use permit request shall be considered first (including any site plan), and where it is denied, the variance request shall be null and void.
(O) Coordination with rezoning. An application for a conditional use permit may be reviewed concurrently with a rezoning application. However, a decision shall be rendered first for any rezoning and then subsequently for any conditional use permit.
(Ord. passed 6- -2019)