(A) A person petitioning for rezoning of a tract of land, where special use districts are authorized by this chapter, may elect to request special use district designation.
(B) (1) If the petitioner elects to petition for special use district zoning, he or she must specify the actual use intended for the property among those permitted in the parallel general use district. The Town Board shall follow quasi-judicial procedures to approve or disapprove the petition based on the specific use requested. If approved, the Town Board shall, by majority vote, issue a special use permit, as provided in G.S. 160A-381(c). The Town Board may impose reasonable conditions which it determines necessary to promote the public health, safety, and general welfare. Any conditions imposed shall be in addition to other requirements specified by this chapter. Only those conditions mutually approved by the town and the petitioner may be incorporated into the zoning regulations or permit requirements. Conditions and site-specific standards imposed in a special use district shall be limited to those that address the conformance of the development and use of the site to town ordinances and any officially adopted comprehensive or other plan and those that address the impacts reasonably expected to be generated by the development or use of the site, as provided in G.S. § 160A-382(b).
(2) A member of the Town Board shall not participate in or vote on any special use district rezoning in a manner that would violated affected persons’ constitutional rights to an impartial decision maker. Impermissible conflicts include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter. If an objection is raised to a member’s participation and that member does not recuse himself or herself, the remaining members shall by majority vote rule on the objection, as provided in G.S. § 160A-388(e)(2).
(C) The special use district rezoning process is established to address those situations when a particular use may be acceptable but where other uses in the general zoning district which would allow that use would not be acceptable. It allows the Town Board to approve a proposal for a specific use with reasonable conditions to assure the compatibility of the use with surrounding properties. Any use permitted under this process must also conform to the development regulations for the corresponding general zoning district.
(D) This is a voluntary procedure which is intended for firm development proposals. It is generally not intended or suited for securing early zoning for tentative proposals which may not be undertaken for some time.
(E) No special use permit shall be approved by the Town Board unless the following findings are made concerning the proposed special use:
(1) The use or development is located, designed, and proposed to be operated so as to maintain or promote the public health, safety and general welfare.
(2) The use or development complies with all regulations and standards of this chapter.
(3) The use or development will not adversely impact surrounding property.
(4) The granting of the permit would not violate the spirit or intent of this chapter.
(5) The special use permit along with all attached conditions to the permit shall be recorded with the County Register of Deeds within 30 days of permit approval.
(F) In order to rezone a parcel of land to a special use district, a petition must be submitted requesting rezoning to a special use district. The procedure and requirements for submittal of the petition shall be the same as that required for rezonings to a general use district. A special use permit application shall accompany any request for special use district rezoning. Applications shall be submitted to the Town Planner and shall include the name and address of the applicant, the name and address of the owner of each zoning lot involved, and the relationship of the applicant and property owner in connection with the application. If the applicant or property owner is an entity other than an individual, the application shall also include detailed information regarding the principals of the entity. The Town Planner may request additional information needed to determine compliance with this chapter, with sufficient copies for necessary referrals and records. No application shall be accepted by the Town Planner unless it complies with the requirements of this chapter. Applications which are not complete shall be returned to the applicant, with a notation of the deficiencies in the application.
(G) Uses which may be proposed and considered for a special use district shall be restricted to those uses permitted in the underlying general zoning district.
(H) The Town Planner shall notify the applicant, in writing, of the proposal's deficiencies. The Planner shall also notify the applicant of the opportunity to discuss alternatives to correct those deficiencies. If the applicant joins in these discussions, the application may be modified, further discussions may be held, or additional information may be requested by the Town Planner.
(I) (1) Every petition for the reclassification of property to a special use district shall be accompanied by a site plan, drawn to scale, and all necessary supporting text as listed for all site plans required by this chapter. The Project Review Committee shall review the site plan to determine compliance with this chapter and all applicable regulations within the town.
(2) The Project Review Committee has the authority to waive any application requirement where the type of use or scale of proposal makes providing that information unnecessary or impractical.
(3) In the course of evaluating the proposed use, the Town Planner, Planning Board or Project Review Committee may request additional information from the petitioner. A request for the information shall stay any time limits for staff review of the petition and shall stay any further consideration of the petition by the Planning Board or Town Board.
(4) Following approval of a special use district rezoning petition and special use permit, a site plan shall be submitted to the Project Review Committee for a final review and final approval. The site plan shall conform to the site plan submitted as part of the rezoning petition and to any changes made at the time of hearing.
(5) The Project Review Committee shall have the authority to work out minor details, as defined by the Committee or the Town Board, with the developer during the final review.
(J) In approving a petition for the reclassification of property to a special use district, the Town Board may attach reasonable and appropriate conditions to approval of the special use permit. The conditions should relate to the relationship of the proposed use to surrounding property, proposed support facilities such as parking areas and driveways, pedestrian and vehicular circulation systems, screening and buffer areas, the timing of development, street and right-of-way improvements, water and sewer improvements, stormwater drainage, the provision of open space and other matters that the Town Board may find appropriate. The conditions for approval of the petition may include dedication to the town of any rights-of-way or easements for streets, water, sewer or other public utilities necessary to serve the proposed development. In no case shall the conditions placed upon the special use permit be less restrictive than the requirements for a general use rezoning.
(K) The Town Planner shall submit a written analysis of the application including any recommendations based on the finding required by this chapter to the Planning Board within 25 working days after he or she accepts the application or within the time consented to in writing by the applicant.
(L) (1) The Planning Board shall review the application and the Town Planner's report and shall submit to the Town Board a written recommendation based on the findings required in this subchapter.
(2) The Planning Board shall prepare its recommendations within 45 days of the meeting at which the Town Planner's report is submitted to it or within a further time consented to in writing by the applicant or by Town Board resolution.
(3) If the Planning Board fails to prepare its recommendation to the Town Board within this time limit, or extensions thereof, the Planning Board shall be deemed to recommend approval of the application.
(4) The Town Planner shall then forward his or her report and the Planning Board's recommendation to the Town Board at the next available Board meeting.
(M) (1) The Town Planner shall present for consideration by the Town Board, both the petition for rezoning and the application for a special use permit. The Board shall consider the rezoning petition first.
(2) The Town Board may approve the reclassification of property to a special use district only upon determining that the proposed use will meet all standards and requirements in these regulations that are applicable to the proposed use.
(3) The Town Board shall review the Planning Board's recommendation and the Town Planner's report and at the same public hearing shall act on both the petition for rezoning and the application for a special use permit based on the findings required in this subchapter. All findings shall be based on competent material and substantial evidence presented at the public hearing.
(4) Action on the petition shall be either approval or disapproval.
(5) If the rezoning petition for the special use district is approved and the application for the special use permit meets all requirements and regulations, and the applicant agrees to meet the conditions as may be attached to the permit, then a special use permit subject to conditions shall be issued by the Town Board.
(6) The applicant shall record the approved permit in the Office of the County Register of Deeds within 30 days.
(N) (1) If a petition for rezoning is approved under this subchapter, the district that is established, the approved petition, the approved special use permit and all conditions which may have been attached to the permit are binding on the property as an amendment to these regulations and to the zoning map. All subsequent development and use of the property shall be in accordance with the standards for the approved special use district, the approved petition, and all conditions attached to the special use permit.
(2) If a special use permit is approved, the Town Planner shall deliver copies of the approved special use permit and all conditions attached to the Zoning Enforcement Officer in order to facilitate the review of applications for certificates of zoning compliance, building permits and certificates of occupancy needed to complete the approved development.
(3) If a special use permit is approved, the petitioner shall comply with all requirements established in this chapter for obtaining a certificate of zoning compliance, building permit, and certificate of occupancy. In applying for these forms of development approval, the approved development shall be processed as a “use permitted under prescribed conditions” in the approved special use district. Only those uses and structures indicated in the approved permit and site plan shall be allowed on the subject property. Any development in the district shall comply with all provisions of and conditions to the approved permit and site plan. Any uses and structures on the subject property shall also comply with all standards and requirements for development in the underlying general zoning district.
(4) Following the approval of the petition, the subject property shall be identified on the zoning map by the appropriate district designation.
(O) Changes to the special use permit shall be treated the same as amendments to these regulations or to the zoning map and shall be processed in accordance with the procedures set forth in this chapter. Minor changes in the detail of the approved permit or site plan which will not alter the basic relationship of the proposed development to surrounding properties or the standards and requirements of these regulations or to any conditions attached to the permit may be approved by the Project Review Committee without going through the amendment process. The Project Review Committee shall forward any application for major changes in detail to the site plan to the Planning Board and the Town Board for their consideration as an amendment to the special use permit or to the zoning map.
(P) It is intended that property shall be reclassified to a special use district only in light of firm plans to develop the property. Therefore, from the date of approval of the special use permit, the Zoning Enforcement Officer shall periodically examine the progress made toward developing the property in accordance with the special use permit and any conditions attached to it. If a building permit has not been secured within nine months of issuance of the special use permit or if a building permit, once secured, is allowed to expire or is revoked, the special use permit shall be revoked. If a special use permit is revoked, the Town Board may choose to reexamine the property to determine whether or not the property should be rezoned.
(Q) After a certificate of occupancy has been issued for development within a special use district, the Zoning Enforcement Officer shall periodically inspect the use and maintenance of the subject property to insure continued compliance with these regulations, the approved petition and any conditions attached by the Town Board to approval of the petition.
(R) All the provisions herein are hereby made applicable to the erection, construction, and use of buildings by the state of North Carolina and its political subdivisions. No land owned by the state of North Carolina may be included within a special use district without approval of the Council of State or its designate, as provided in G.S. § 160A-392.
(`94 Code, App. C, Art. X, § 4) (Am. Ord. 06-16, passed 2-13-07)