(A) Special use permit uses are those uses that, by virtue of their more limited size, impact, or relationship to the overall health, safety, and general welfare of the community, will be reviewed and approved by the Planning Board after a public hearing. These uses are identified as special uses in §§ 157.105 through 157.107.
(B) Major special use permit uses are those uses that, by virtue of the size, impact, or relationship to the overall health, safety, and general welfare of the community, will be reviewed and approved by the Board of Commissioners after a public hearing. These uses are identified as major special uses in §§ 157.105 through 157.107.
(C) The owner or owners, or their duly authorized agent, of the property included in the petition for a special use permit or a major special use permit shall submit an application to the Pasquotank County Planning Department at least 30 days prior to the date of review by the approving Board. An application fee established by the County Commissioners shall be paid to the County of Pasquotank, to cover necessary administrative costs and advertising expenses. Such application shall include all of the requirements pertaining to it in this subchapter.
(D) (1) Upon receiving the petition for a special use permit and holding a quasi-judicial hearing, the Board may grant or deny the special use permit requested in accordance with principles, conditions, safeguards, and procedures specified in the regulations. The special use permit, if granted shall include such approved plans as may be required.
(2) In granting the special use permit the Board shall find:
(a) That the use will not materially endanger the public health or safety if located where proposed and approved;
(b) That the use meets all required conditions and specifications;
(c) That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and
(d) That the location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the plan of development for the county.
(E) In granting the permit the approving Board may designate reasonable and appropriate conditions and safeguards in addition and in connection therewith, as will in its opinion, assure that the use in its proposed location will be harmonious with the area in which it is proposed to be located and with the spirit of this chapter. All such additional conditions shall be entered in the minutes of the meeting at which the permit is granted and also on the certificate of the special use permit or on the plans submitted therewith. All specific conditions shall run with the land and shall be binding on the original applicants for the special use permit, their heirs, successors and assigns. A special use permit, issued by the Planning Board or Board of Commissioners shall become null and void if construction or occupancy of the proposed use as specified on the special use permit is not commenced within 12 months of the date of issuance. Time extensions for the special use permit may be granted by the approving Board provided applications for extensions are submitted in writing to the Planning Department prior to expiration. Although the Board may grant more than one extension of a permit, no single extension shall exceed a period of six months unless otherwise stated. A Board decision on an extension may be appealed in conformity with the requirements of division (G) below in this section.
(F) If the Board denies the permit, the Board shall enter the reasons for its action in the minutes of the meeting at which the action is taken.
(G) Every decision by a Board issuing or denying a special use permit shall be subject to review by the Superior Court by proceeding in the nature of certiorari. Any petition for review by the Superior Court shall be filed with the Clerk of Superior Court within 30 days after the decision of the Board is filed in the Office of the Clerk to the Board of Commissioners or after a written copy thereof is delivered to every aggrieved party who has filed a written request for such copy with the Clerk or Chairman of the Board at the time of the hearing of the case, whichever is later.
(H) In addition to the specific conditions imposed by the regulations of this chapter and whatever additional conditions the Board deems reasonable and appropriate, special uses shall comply with the height, yard, area, parking, sign, and all other pertinent regulations for the use district in which they are permitted unless otherwise specified.
(I) In the event of failure to comply with the plans approved by the approving Board or with any other conditions imposed upon the special use permit, the permit shall thereupon immediately become void and of no effect. No building permits for further construction or certificates of occupancy under this special use permit shall be issued, and all completed structures shall be regarded as nonconforming uses subject to the provisions of §§ 157.105 through 157.107 provided, however, that the county shall not be prevented from thereafter rezoning said property for its most appropriate use.
(J) The original applicant(s), their successors or their assignee may make minor changes in the location and/or size of the structure provided the necessity for these changes is clearly demonstrated. Minor changes shall be reviewed by the Planning and Building Inspection Departments. Upon approval of the previously mentioned departments, the Zoning Administrator may approve the requested minor changes. Such approval shall not be granted should the proposed revisions cause or contribute to:
(1) A change in the character of the development,
(2) A change of design for, or an increase in the hazards to pedestrian and vehicle traffic circulation, or
(3) A reduction in the originally approved setbacks from roads and/or property lines.
(Ord. passed 6-21-2021)