(A) Review by the Village Council: The Village Council shall review the application and conduct a quasi-judicial public hearing. Notice of public hearing shall be provided and the public hearing shall be conducted in accordance with Section 4.1 of this Ordinance. The Village Council shall review the application materials and General Concept Plan if required, the general purpose and standards set forth in this Section for the approval of special uses, any additional standards set forth in this Ordinance for approval of the proposed use, and all evidence and testimony received by the Village Council at the public hearing;
(B) Action by the Village Council: At the conclusion of the quasi-judicial public hearing, the Village Council shall approve, approve with conditions, deny or take any other action consistent with its usual rules of procedure on the Special Use Permit Application. Any approval or denial of the application shall state the findings of fact that establish whether the proposed use meets or does not meet each of the standards set forth in Section 4.5.6 below and all other requirements set forth by this Chapter for the proposed special use. The decision on the application shall be by a simple majority vote of the members of the Village Council. The Council is required to take action within sixty (60) days from the date of the public hearing;
(C) Conditions Attached to Approval: In approving the special use, the Village Council may attach such conditions to the approval as it deems necessary to have the proposed use meet the standards set forth for the proposed special use in Section 4.5.6 below and elsewhere in this Ordinance, and to protect the public health, safety, and general welfare. All such conditions shall be stated on the form for approving the application;
(D) Nature of Conditions: Such conditions may be stricter than any requirement or limitation stated elsewhere in this Ordinance for the proposed use. Such conditions may include, but are not limited to, the following:
(1) Limitations on the size, bulk and location of structures;
(2) Requirements for landscaping, signs and outdoor lighting;
(3) The provision of adequate site ingress and egress;
(4) Dedication of rights-of-way for streets or utilities;
(5) Provision of open space and/or active recreational space and facilities;
(6) Limitations on the duration of the approval and the time period within which the use will be developed;
(7) Limitations on hours of operation;
(8) The mitigation of environmental impacts;
(9) Other conditions deemed reasonable.
(E) Appeals to Courts: Appeal from the decision of the Village Council in regard to special use permits shall be by petition for certiorari to the Moore County Superior Court. Any such petition to the Superior Court shall be filed with the court clerk no later than thirty (30) days after the date the decision of the Village Council is filed with the Village Planner, or after the date a written copy of the decision is delivered to every aggrieved party who has filed a written request for such copy with the Village Council at the public hearing, whichever is later. The copy of the decision shall be delivered to the aggrieved party either by personal service or registered or certified mail, return receipt requested.
(Ord. 21-12, passed 07-27-2021)