The Planning and Development Director or his/her designee shall submit all applications for special use permits to the Board of Adjustment. The Board of Adjustment shall set and advertise a date and time for a quasi-judicial hearing on the special use permit application. The applicant shall provide to the Planning and Development Department a list of the names and addresses of all adjacent property owners. A notice of the hearing shall be mailed by the Planning and Development Director or his/her designee to each person on this list and the applicant and the owner of the subject property (if not the applicant) at least 10 days but not more than 25 days prior to the hearing. The person mailing such notice shall certify that such notices have been mailed. Additionally notice of the hearing must be posted on the affected property at least 10 days but not more than 25 days prior to the hearing. At the hearing all interested persons shall be permitted to testify in sworn testimony. A person who is interested in the matter but who does not have a personal stake in the outcome (such as a likely effect on his or her property value) may attend and observe the hearing, but they have no legal right to offer evidence, ask questions, or otherwise directly participate in the matter. The Board of Adjustment shall consider the application and comments at the hearing and may grant or deny the special use permit. If the special use permit is granted, the board of adjustment shall use as a guide, the specific conditions outlined in this subchapter for each use proposed. In addition, the Board of Adjustment shall find:
(A) That the use will not materially endanger the public health or safety if located according to the plan submitted 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.
(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 Vance County Land Use Plan. In granting the special use permit the Board of Adjustment may designate only those conditions, in addition to those stated herein, which, in its opinion, assure that the use in its proposed location will be harmonious with the area and with the spirit of this chapter and clearly in keeping with the public welfare. 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 on the approved 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. The special use permit shall be signed and dated by the applicant and recorded in the Vance County Register of Deeds.
(Ord. 39, passed 10-3-2011; Am. Ord. passed 12-1-2014; Am. Ord. 5-3-2021)