§ 156.063  CONDITIONAL USES.
   (A)   Intent. Conditional uses, because of their inherent nature, extent of development, or external effects, require special care in the control of their location, design and methods of operation, in order to insure protection of the public health, safety and welfare. It is the intent of this section to set forth the additional information required for submittal and consideration of conditional uses and to state the standards by which each application shall be judged.
   (B)   General standards and findings of fact. The Board of Adjustment shall not approve any conditional use unless it finds:
      (1)   The use will not materially endanger the public health and safety, if located where proposed and developed and operated according to the plan as submitted.
      (2)   The use, which is listed as a conditional use in the district in which it is proposed to be located, complies with all applicable regulations and standards, including the provisions of § 156.061, §§ 156.075 through 156.087, and §§ 156.100 through 156.123 this chapter.
      (3)   The use will not substantially injure the value of contiguous property, or the use is a public necessity.
      (4)   The use is in compliance with the general plans for the physical development of the Town as embodied in these regulations, or portion thereof, adopted by the Town Board.
   (C)   Procedures for approval of conditional use permits.
      (1)   Application submittal requirements.
         (a)   Applications for approval of a conditional use permit shall be filed on forms available from the Zoning Enforcement Officer.
         (b)   Applications which are not complete shall be returned forthwith to the applicant, with a notation of the deficiencies in the application.
      (2)   Notice of public hearing required for all conditional use permits.
         (a)   After receipt of the required application materials, the chairperson of the Board of Adjustment shall schedule a hearing, which shall be at a regular or special meeting, within 60 days from the filing of the application.
         (b)   Notice of the public hearing shall be given once a week for two consecutive calendar weeks in a newspaper of general circulation in Wilkes County. The notice shall be published the first time not less than ten days no more that 25 days before the date fixed or the hearing. In computing such period, the day of publication is not to be such period, the day of publication is not to be included but the day of the hearing shall be included.
         (c)   Written notice shall be sent to all adjacent property owners not less than ten days before the hearing date. Adjacent property owners are those whose property lies within 500 feet of the affected property and whose names and addresses are currently listed in the Wilkes County tax records.
      (3)   Board of Adjustment action.
         (a)   The Board of Adjustment shall review the record of the public hearing and shall take action on the application based on findings of fact as to the determinations required in § 156.063(B).  All findings shall be based on competent evidence presented at the public hearings.
         (b)   Action on the application shall be of the following:
            1.   Approval;
            2.   Approval subject to conditions; or
            3.   Denial.
         (c)   If the Board of Adjustment denies the permit, the reasons for its action shall be recorded in the minutes of the meeting.
   (D)   Imposed conditions.
      (1)   The Board of Adjustment may impose such reasonable conditions upon approval of a conditional use permit as will afford protection of the public health, safety, and general welfare, ensure that substantial justice is done, and equitable treatment provided.
      (2)   Any conditions based on time must be consistent with the provisions in §§ 156.020 through 156.026 on vested rights.  Such conditions shall run with the land and use and shall be binding on the original applicant(s) as well as all successors, assigns, and heirs.
   (E)   Notice of decision and issuance of conditional use permit.
      (1)   The Zoning Officer shall cause notice of the disposition of the application to be delivered by certified mail to the applicant and any aggrieved party who has filed a written request for a copy with the Board at the time of the hearing, and shall cause a copy of the decision to be filed in the office of the Zoning Enforcement Officer.
      (2)   The letter notifying the applicant of the Board's action shall be approved and signed by the Chairman or Vice-Chairman of the Board of Adjustment.
      (3)   In the case of approval or approval with conditions, the Zoning Officer shall issue the necessary conditional use permit in accordance with the action of the Board of Adjustment and the applicant shall record it in the office of the Wilkes County Register of Deeds within ten days of receipt.
   (F)   Time limitations validity of conditional use permit and approval of a site plan. A conditional use permit issued pursuant to this section shall expire two years after the date of issuance or approval if the work authorized by the permit or approval has not been commenced.
   (G)   Effect of denial or withdrawal on subsequent applications. When the Board of Adjustment shall have denied an application or the application shall have been withdrawn, by written notice, after publication of the first public hearing notice, the Zoning Officer shall not accept another application for the same or similar conditional use, affecting the same property or a portion thereof, until the expiration of one year from the date of denial or withdrawal.
   (H)   Appeal of decision. A decision by the Board of Adjustment on an application for a conditional use permit may be appealed only to the Superior Court by an aggrieved party.  Such appeal shall be in the nature of certiorari and must be filed within 30 days of filing of the decision in the office of the Zoning Officer.
   (I)   Revocation.
      (1)   A conditional use permit may be revoked by the Board of Adjustment after a finding of the existence of any one of the following conditions:
         (a)   That the physical construction or activity authorized by a conditional use permit has not commenced within the time limit set above;
         (b)   That the governmental licensees or permits required for the activity authorized by a conditional use permit have not been obtained or have subsequently been terminated; or
         (c)   That any of the applicable requirements of this section or any conditions attached to the conditional use permit, or modification of conditional use permit, have been violated.
      (2)   On request by the holder of a conditional use permit, the Board of Adjustment may, for good cause shown, extend the time limits for commencement of authorized construction or activity by up to 12 months.
      (3)   The Board of Adjustment may consider reapplication for a conditional use permit on property on which previous permit has been revoked provided that all of the standards which are set forth in this chapter are met.
   (J)   General requirements. The following additional information is required for all conditional use applications: eight copies of the site plan prepared by a registered North Carolina land surveyor or engineer which shall contain the following:
      (1)   North point, scale and date;
      (2)   Extent of area to be developed;
      (3)   Locations and widths of all easements and rights-of-way within or adjacent to the site;
      (4)    Location of all existing or proposed structures on the site;
      (5)   Location of all areas on the site subject to flood hazard or inundation as shown on flood maps or soil maps;
      (6)    Location of all water courses on the site, including direction of flow;
      (7)   Existing topography at a contour interval of five feet based on mean sea level datum;
      (8)   Proposed or existing fencing, screening, gates, parking, service and storage areas;
      (9)   Access to site including sight distances of all roads used for access;
      (10)   Architectural elevations of all structures proposed to be used in the development;
      (11)   Names and addresses of owners and applicants; and
      (12)   A fee, as set by the Town Board.
(Am. Ord. passed 9-14-2016)