This section establishes a process and standards to approve certain uses that, because of unique characteristics or potential impacts on adjacent land uses, are not permitted in zoning districts as a matter of right. These uses may be permitted through the issuance of a special use permit (SUP) after ensuring that the use complies with the SUP approval criteria. No inherent right exists to receive a SUP. Such authorization must be approved under a specific set of circumstances and conditions. Each application and situation is unique and may be subject to specific requirements to mitigate the impacts of the proposed use.
7.07.1 APPLICATION PROCEDURES
A. Pre-Application Process
Every applicant for a special use permit is required to meet with the Administrator in a pre-application conference prior to the submittal of a formal application. The purposes of this conference are to provide additional information regarding the review process and assistance in the preparation of the application.
B. Process Type: Quasi-judicial.
C. Required Application Information
An application for a special use permit may be filed by the owner of the property or by an agent specifically authorized by the owner to file such application. Each application for a special use permit shall contain, an existing conditions map (may be waived by the Administrator as appropriate) and master plan. Other information necessary to show that the use or structure complies with the standards set forth in this ordinance shall also be provided.
D. Determination of Compliance
The Administrator shall review the plan to ensure that it is complete. The Administrator shall prepare a report and recommendation on the application for the Board of Commissioners.
E. Evidentiary Hearing
1. Public Hearing
The Board of Commissioners shall hold a public hearing on the proposal. The applicant and other property owners likely to be affected by the application shall be given an opportunity to be heard.
2. Decision & Findings of Fact
The Board of Commissioners shall approve, deny or approve with conditions the special use permit. No special use permit approval shall be granted unless it complies with the following findings of fact:
a. Adequate and reasonable mitigation has been provided of potentially adverse effects on adjacent properties through the conforms to the character of the neighborhood, considering the location, type and height of buildings or structures and the type and extent of landscaping and screening on the site;
b. The proposed special use permit represents an overall conformance with the adopted goals, recommendations and policies of the land use plan, Official Zoning Map and any other applicable planning documents adopted by the town;
c. There exists adequate infrastructure (transportation, utilities, etc.) to support the proposed use proposed;
d. The proposed use will not cause undue traffic congestion or create a traffic hazard;
e. The proposed use shall not be noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas;
f. The establishment of the proposed use shall not impede the orderly development and improvement of surrounding property;
g. The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare.
F. Additional Conditions
The Board of Commissioners may place conditions on the use as part of the approval to assure that mitigation measures are associated with the use. The conditions shall become part of the special use permit approval.
G. Review Period
The Board of Commissioners shall take action (approve, deny, or approve with conditions) within 60 days of the closure of the public hearing. Should the Board of Commissioners fail to act on the special use permit within the prescribed period, the application shall be considered approved.
H. Decisions
If the Board of Commissioners approves the special use permit the applicant will be directed to proceed to the preparation of construction plans. If the Board of Commissioners disapproves or approves conditionally the plan, the reasons for such action shall be stated in writing by the Administrator and entered in the records of the Board, and the applicant may make changes and submit a revised plan for consideration in accordance with the procedures set forth in this section.
I. Appeals
An appeal from the decision of the Board of Commissioners regarding a special use permit may be made by an aggrieved party and shall be made to the Superior Court of Harnett County in the nature of certiorari. Any such petition shall be filed with the Clerk of the Superior Court within 30 days after the decision of the Board is filed with the Town Clerk, or after a written copy thereof is delivered to every aggrieved party who has filed a written request for such copy with the secretary or chairman of the Board at the time of its hearing of the case, whichever is later. The decision of the Board may be delivered to the aggrieved party either by personal service or by registered mail or certified mail return receipt requested.
J. Validity & Extensions
1. Special use permits that have been granted approval must begin site development within two years following approval or the approval becomes invalid.
2. The Board of Commissioners may grant a single extension of this time period of up to six months upon submittal by the applicant of sufficient justification for the extension. Sufficient justification may include, but is not limited to, delays in other outside agency permits, financing institution delays, or other similar reasons beyond the control of the applicant.
3. If an extension is denied, or a conditional use permit is not presented for approval within a granted extension period, the applicant may reapply using the same process as if the application was being considered for the first time.
K. Substantial Changes
1. Any substantial change to a special use permit as noted below shall be approved or denied by the Board of Commissioners.
2. The following changes to a special use permit shall be considered substantial and require approval by the Board of Commissioners:
a. When there is introduction of a new vehicular access point to an existing street, road or thoroughfare not previously designated for access.
b. Modification of special performance criteria, design standards, or other requirements specified by the special use permit.
c. When there is an increase in the total number of residential dwelling units originally authorized by the approved conditional use permit.
d. When the total floor area of a development is increased more than 10% beyond the total floor area last approved by Board of Commissioners. Changes of less than 10% may be approved by the Administrator.
(Ord. passed 2-14-2017; Ord. 2020-01, passed 7-9-2019; Ord. passed 2-15-2022)