(a) Special uses. The Town Council shall grant in particular cases and subject to the principles, procedures, conditions, and safeguards, permits for special uses in regulations and set forth as special uses under the various use districts. The Town of Valdese Town Council shall not grant a special use permit unless and until:
(1) A written application for a special use permit is submitted to the Planning Director indicating the section of this chapter under which the special use permit is sought. For the purposes of this article, no application shall be considered to have been submitted until it is complete.
(2) Public hearings shall be conducted using the procedures described in Section 9-3144.
(3) The Town Council finds that in the particular case in question, the use for which the special use permit is sought will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use and will not be detrimental to the public welfare or injurious to property or public improvements in the neighborhood. In granting such a permit, the Town Council may designate such conditions in connection therewith as will, in its opinion, in written form for the applicant's or landowner's consent to assure that the proposed use will conform to the requirements and spirit of this chapter.
(4) Town Council does not have the authority to impose conditions and safeguards for which council does not authorize under the statute to regulate or which courts have held to be unenforceable.
(5) If, at any time after a special use permit has been issued, the Town Council finds that the conditions imposed and agreements made have not been or are not being fulfilled by the holder of a special use permit, the permit shall be terminated and the operation of such a use discontinued. If a special use permit is terminated for any reason, it may be reinstated only after a public hearing is held.
(b) When deciding special use permits, the Town Council shall follow quasi-judicial procedures. No vote greater than a majority vote shall be required for the Council to issue such permits. For the purposes 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. Every such decision of the Council shall be subject to review of the superior court like certiorari consistent with G.S. 160D-406. (Ord. of 6/28/21)