(A) Application submitted to Zoning Administrator.
(1) Application for a special use shall be filed with the Zoning Administrator, who shall, before accepting any application, ensure that it contains all required information, as specified in § 154.195 below.
(2) The deadline for filing of applications for a special use will normally be 5:00 p.m. on the day, which is 30 days prior to the date of the Town Council meeting for which the public hearing is to be set.
(3) The Town Manager, acting as agent for the Town Council, shall schedule each complete application for a public hearing.
(4) Hearings dates may be established for a regular or special meeting of the Town Council; however, the Manager shall not schedule a combined total of more than 5 hearings on amendments to this chapter, special use permits and conditional use permits at any meeting of the Town Council.
(5) Applications which are not complete, or otherwise do not comply with the provisions of this chapter, shall not be accepted by the Zoning Administrator, but shall be returned forthwith to the applicant, with a notation by the Zoning Administrator of the deficiencies in the application.
(B) Planning Director prepares analysis.
(1) The Zoning Administrator shall cause an analysis to be made of the application for consideration by the Town Council.
(2) The analysis shall be a written report which shall be submitted to the Town Council prior to the meeting at which the public hearing described in division (E) below is to be held.
(C) Public hearing required; notice specified. Prior to consideration of the application for approval of a special use, a public hearing thereon shall be held by the Town Council to receive evidence in the form of testimony, exhibits, documents, models, plans and the like to support the application for approval of a special use.
(D) Notice. The Zoning Administrator shall give public notice of the date, time and place of the public hearing. The notice shall be as required by the G.S. Ch. 160A.
(E) Action on the application. After completion of the public hearing, the Town Council shall take action upon the application. This action shall be 1 of the following:
(1) Approval;
(2) Approval with conditions attached; or
(3) Denial. In every case, the action of the Town Council shall include a summary of the evidence supporting the action taken by it on the application.
(F) Action subsequent to the decision.
(1) The Zoning Administrator shall cause notice of the disposition of the application to be sent by certified mail to the applicant and a copy of the decision to be filed in the office of the Zoning Administrator.
(2) The Zoning Administrator, in the case of approval or approval with conditions, shall issue the necessary permit in accord with the Council’s action.
(3) The permit shall include and be based upon plans as approved by the Town Council.
(1981 Code, § 803) (Ord. passed 6-28-2004)