(A) The provisions of this chapter permit some uses to be established by right in the appropriate district while other uses are listed which require a special use permit from the Board of Adjustment or conditional zoning and approval from the Board of Commissioners. Those which require a special use permit from the Board of Adjustment are termed special uses by this chapter. Development that involves broader policy considerations requires approval from the Board of Commissioners and is referred to as conditional zoning. Both types of uses, in some circumstances, may be compatible with and desirable in the districts in which they are designated, but they may also have characteristics which could have detrimental effects on adjacent properties, or even the entire town area, if not properly designed and controlled. Special uses shall be in accordance with the requirements in § 153.062 of this code as well as all other applicable requirements of this chapter. Conditional zoning may include a development agreement pursuant to G.S. §§ 160D-1001 et seq. Pursuant to G.S. § 160D-703, property may be placed in a special use district or conditional zoning district only in response to a petition by the owners of all of the property to be included.
(B) Specific conditions applicable to these districts may be proposed by the applicant or the town, but only those conditions approved by the town and consented to by the applicant in writing may be incorporated into the zoning regulations or permit requirements. The town may not impose conditions on special use permits that it does not otherwise have the statutory authority to implement.
(Ord. 21- , passed - -2021)