(A) The development and execution of this chapter is based upon the division of the town's jurisdiction, including the extra-territorial jurisdiction (ETJ), into districts where the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts, without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for that use in that particular location. In these cases, a special use permit must be obtained. Special use permits may be granted by the Stoneville Board of Adjustment as permitted by G.S. § 160D-705. The Board shall follow quasi-judicial procedures pursuant to G.S. § 160D-406.
(B) Procedures. All applications for special use permits shall include a development site plan as specified in Art. V, § 9, Site Plan Requirements. The Board of Adjustment may require additional information in order to evaluate the impact of the proposed development. The Board of Adjustment may waive a particular requirement if in its opinion the inclusion is not essential to a proper decision of the project. The Board of Adjustment may impose reasonable conditions in addition to those listed in this section or in other parts of this chapter. Applications for special use permits may be made by the landowner, a lessee or person holding an option or contract to purchase or lease land, or an authorized agent of the landowner. An easement holder may also apply for development approval for such development as is authorized by the easement.
(1) Public notice.
(a) The Zoning Administrator shall set and post a date and time for a public hearing before the Board of Adjustment to gather competent, material, and substantial evidence to establish the facts of the case. The notice of such hearing shall be posted in the Town Hall, at least ten days before the date set for the evidentiary hearing, but not more than 25 days before the evidentiary hearing. The Zoning Administrator shall also cause to be mailed, at least ten days before the hearing, a first-class letter to all abutting property owners, the names of whom he has made a good faith effort to obtain, notifying them of the special use permit request. For the purpose of this section, properties are "abutting" even if separated by a street, railroad, or other transportation corridor. The person mailing such notice shall certify that such notices have been mailed.
(b) In addition, the property for which the special use is proposed shall be posted not more than 25 and not less than ten days before the evidentiary hearing. The Board may continue an evidentiary hearing that has been convened without further advertisement. If an evidentiary hearing is set for a given date and a quorum of the Board is not then present, the hearing shall be continued until the next regular Board meeting without further advertisement.
(2) Administrative materials. The Zoning Administrator shall transmit to the Board all applications, reports, and written materials relevant to the matter being considered. The administrative materials may be distributed to the members of the Board prior to the hearing if at the same time they are distributed to the Board a copy is also provided to the applicant and to the landowner if that person is not the applicant. The administrative materials shall become a part of the hearing record. The administrative materials may be provided in written or electronic form. Objections to inclusion or exclusion of administrative materials may be made before or during the hearing. Rulings on unresolved objections shall be made by the Board at the hearing.
(3) Presentation of evidence. The applicant, the town, and any person who would have standing shall have the right to fully participate including presenting competent, material, and substantial evidence relevant to the case at the evidentiary hearing, cross-examining witnesses, objecting to evidence, and making legal arguments. Other witnesses may present competent, material, and substantial evidence that is not repetitive as allowed by the Board. Opinion testimony from a lay witness shall not be considered evidence for technical matters such as property values and traffic impacts.
(4) Action by the Board.
(a) The Board of Adjustment shall consider the application and competent, material, and substantial evidence presented at the evidentiary hearing and may grant or deny the special use permit requested. No vote greater than a majority vote shall be required for the Board of Adjustment to issue such permits. For the purpose of this section, vacant positions on the Board and members who are disqualified from voting on a quasi-judicial matter shall not be considered "members of the Board" for calculation of the requisite majority. When deciding special use permits, the Board of Adjustment shall follow quasi-judicial procedures. The Mayor, Zoning Administrator or Clerk to the Board shall be authorized to administer the required oath prior to receiving testimony.
(b) The special use permit, if granted, shall include approval of plans as may be required. In granting the permit, the Board of Adjustment shall find:
1. That the use will not materially endanger the public health or safety if located where proposed and developed in according to the plan as submitted and approved;
2. That the use meets all required conditions and specifications;
3. That the use will not substantially injure the value of abutting property, or that the use is a public necessity; and
4. 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 Stoneville Comprehensive Development Plan.
(c) The Board of Adjustment may issue special use permits in the classes of cases or situations and in accordance with the principles, conditions, safeguards, and procedures specified therein and may impose reasonable and appropriate conditions and safeguards upon these permits with the landowner's written consent to the conditions. All such additional conditions shall be entered in the minutes of the meeting at which the special use permit is granted, on the special use permit itself and shall be binding on the original applicants for the special use permit, their heirs, successors, and assigns.
If the Board denies the special use permit, it shall enter the reason for its action in the minutes of the meeting at which the action is taken.
(d) In addition to the conditions specifically imposed in this section, and such further conditions as the Board of Adjustment may deem reasonable and appropriate, special uses shall comply with Article V, Design Regulations, for the zoning district in which they are located unless provisions for the special use provide to the contrary.
(C) Revocation of a special use permit. In the event of failure to comply with the plans approved by the Board of Adjustment, or with any other conditions imposed upon the special use permit, the Zoning Administrator shall issue a stop work order in accordance with G.S. § 160D-404(b). In accordance with G.S. § 160D-403(f), a special use permit may be revoked by notifying the holder in writing stating the reason for the revocation. Staff shall follow the same development review and approval process required for issuance of the development approval, including any required notice or hearing, in the review and approval of any revocation of that approval. 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 non-conforming uses subject to the provisions of this chapter; provided, however, that the Town Council shall not be prevented from thereafter rezoning said property for its most appropriate use.
(D) Modifying a special use permit. Modifications of the original plans required to be submitted and approved, as part of the application for a special use permit, may be authorized by the Board of Adjustment.
(E) Appeals. Appeals may be taken from the action of the Board of Adjustment in granting or denying a special use permit through the Rockingham County Superior Court.
(Ord. passed 7-1-1980; Res. R-2021-03, passed 6-24-2021)