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(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)
(A) In granting a special use permit, the Town Council may impose additional reasonable and appropriate special requirements upon a permit as it may deem necessary in order that the purpose and intent of this chapter is served, public welfare secured and substantial justice done.
(B) If all requirements and conditions are accepted by the applicant, the Town Council shall authorize the issuance of the special use permit, otherwise the permit shall be denied.
(C) The conditions of a valid special use permit shall run with the land and shall be binding on the original applicant(s) as well as all successors, assigns and heirs.
(1981 Code, § 804) (Ord. passed 6-28-2004)
(A) If any special use is discontinued for a period of 180 days or replaced by a use otherwise permitted in the zoning district, it shall be deemed abandoned and the special use permit shall be null and void and of no effect.
(B) The owner shall demonstrate that the special use has not been discontinued for a period exceeding 180 days or has not been replaced by a use otherwise permitted to maintain a valid special use permit.
(1981 Code, § 805) (Ord. passed 6-28-2004)
(A) The application for a special use shall be submitted on forms provided by the Zoning Administrator. The forms shall be prepared so that, when completed, a full and accurate description of the proposed use, including its location, appearance and operational characteristics shall be disclosed.
(B) A site plan shall be included with the application which details how requirements of § 154.269 will be met along with the information needed to indicate compliance with the specific special use requested.
(C) Additionally, the forms shall, when completed by the applicant, disclose the name(s) and address(es) of the owner(s) of the property involved, the name(s) and address(es) of the applicant, if different from the owner(s) and all relevant information needed to show compliance with the general and specific standards governing the special use which is the subject of the application.
(1981 Code, § 806) (Ord. passed 6-28-2004)
(A) The Zoning Administrator is authorized to approve minor changes in the approved plans of special uses, as long as they are in harmony with action of the approving body, but shall not have the power to approve changes that constitute a modification of the approval.
(B) A modification shall require approval of the Town Council and shall be handled as a new application.
(C) The Zoning Administrator shall use the following criteria in determining whether a proposed action is a minor change or a modification:
(1) Any change in location or any increase in the size or number of signs shall constitute a modification;
(2) Any increase in intensity of use shall constitute a modification. An increase in intensity of use shall be considered to be an increase in usable floor area, an increase in number of dwelling or lodging units, and/or an increase in outside land area devoted to sales, displays or demonstrations;
(3) Any change in parking areas resulting in an increase or reduction of 5% or more in the number of spaces approved by the Town Council shall constitute a modification. In no case shall the number of spaces be reduced below the minimum required by the ordinance;
(4) Structural alterations significantly affecting the basic size, form, style, ornamentation and the like of the building as shown on the approved plan shall be considered a modification;
(5) Substantial change in the amount and/or location of open space, recreation facilities or landscape screens shall constitute a modification;
(6) A change in use shall constitute a modification; and
(7) Substantial changes in pedestrian or vehicular access or circulation shall constitute a modification.
(D) The Zoning Administrator shall, before making a determination as to whether a proposed action is a minor change or a modification, review the record of the proceedings on the original application for the approval of the special use.
(E) The Zoning Administrator shall, if he or she determines that the proposed action is a modification, require the applicant to file a request for approval of the modification, which shall be submitted to the Town Council. The Council may approve or disapprove the application for approval of a modification.
(1981 Code, § 807) (Ord. passed 6-28-2004)
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