(A) Intent. Special 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 ensure 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 specials uses and to state the standards by which each application shall be judged.
(B) General standards and findings of fact. The Zoning Board of Adjustment shall not approve any special 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 special use in the district in which it is proposed to be located, complies with all applicable regulations and standards.
(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 governing board.
(C) Application. Applications for approval of a special use permit shall be filed on forms available from the Zoning Enforcement Officer. Applications which are not complete shall be returned forthwith to the applicant, with a notation of the deficiencies in the application. The following information shall be submitted as part of a request for a special use permit:
(1) A completed written application narrative for a special use permit along with standard application fees required by the town shall be filed with the Zoning Enforcement Officer. All other reasonable application expenses incurred by the town for the processing of a special use permit application shall be paid prior to the issuance of a final notification of action taken, and the associated issuance of a special use permit, if any. The application, unless determined to not be applicable by the Zoning Enforcement Officer, shall include the following items:
(a) Contact information of the applicant and all property owner(s), if different from the applicant, deed book and page number of the property description.
(b) Property owners, as well as adjacent owners, names, addresses, tax parcel numbers, and existing uses per parcel.
(c) A scaled boundary survey drawn to an appropriate scale prepared by and certified to be correct by a surveyor or engineer registered with State of North Carolina showing the total acreage, present zoning classification(s), date and north arrow, extent of area to be developed, locations and widths of all easements and rights-of-way within or adjacent to the site.
(d) A site plan showing, but not limited to all existing and/or proposed buildings, storage areas, parking and access areas, proposed size, layout and setbacks of land and proposed structures, planned illumination, and proposed number, type and location of signs.
(e) Proposed or existing fencing, screening, gates, parking, service and storage areas.
(f) Location of all areas on the site subject to flood hazard or inundation as shown on flood maps or soil maps as well as applicable watershed boundaries.
(g) Existing and proposed topography including all water courses on the site, including direction of flow.
(h) Plans for providing potable water and for the treatment of wastewater.
(i) Proposed phasing, if any, and approximate completion time of the project.
(j) Access to site including sight distances of all roads used for access.
(k) Architectural elevations of all structures proposed to be used in the development.
(l) An application fee as described in Town of Wilkesboro’s Schedule of Fees.
(D) Public hearing.
(1) Notice and procedures for the public hearing shall be administered as described in § 156.213 Quasi-Judicial Procedures of this chapter.
(2) Action on the application shall be one of the following:
(a) Approval;
(b) Approval subject to conditions; or
(c) Denial.
(3) If the Zoning Board of Adjustment denies the permit, the reasons for its action shall be recorded in the minutes of the meeting and findings of fact.
(E) Imposed conditions.
(1) The Zoning Board of Adjustment may impose such reasonable conditions upon approval of a special use permit as will afford protection of the public health, safety, and general welfare, ensure that substantial justice is done, and equitable treatment provided. Any conditions based on time must be consistent with the provisions in § 156.206 regarding 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.
(2) Where appropriate, such conditions may include requirements that street and utility rights-of-way be dedicated to the public and that provision be made for recreational space and facilities. Conditions and safeguards imposed under this section shall not include requirements for which the local government does not have authority under statute to regulate nor requirements for which the courts have held to be unenforceable if imposed directly by the local government, including, without limitation, taxes, impact fees, building design elements within the scope of G.S. § 160D-702(b), driveway-related improvements in excess of those allowed in G.S. §§ 136-18(29) and 160A-307, or other unauthorized limitations on the development or use of land.
(F) Notice of decision.
(1) The town clerk 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 record a copy of the decision.
(2) The letter notifying the applicant of the Board's action shall be approved and signed by the Chairman or Vice-Chairman of the Zoning Board of Adjustment.
(3) In the case of approval or approval with conditions, the Town Clerk shall issue the necessary special use permit findings of fact in accordance with the action of the Zoning Board of Adjustment and the Clerk shall record it in the office of the Wilkes County Register of Deeds within 30 days of receipt.
(G) When the Zoning 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 Enforcement Officer shall not accept another application for the same or similar special use, affecting the same property or a portion thereof, until the expiration of one year from the date of denial or withdrawal.
(H) Appeal. A decision by the Zoning Board of Adjustment on an application for a special 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 Town Clerk.
(I) Revocation and modifications.
(1) A special use permit may be revoked by the Zoning 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 special use permit has not commenced within the time limit set within § 156.202(D).
(b) That the governmental licensees or permits required for the activity authorized by a special 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 special use permit, or modification, have been violated.
(d) On request by the holder of a special use permit, the Zoning Board of Adjustment may, for good cause shown, extend the time limits for commencement of authorized construction or activity by up to 12 months.
(e) The Zoning Board of Adjustment may consider reapplication for a special 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.
(f) Any other modification or revocation of a special use permit shall follow the same process for approval as is applicable to the approval of a special use permit. If multiple parcels of land are subject to a special use permit, the owners of individual parcels may apply for permit modification so long as the modification would not result in other properties failing to meet the terms of the special use permit or regulations. Any modifications approved apply only to those properties whose owners apply for the modification. The regulation may require that special use permits be recorded with the register of deeds.
(Res. 2022-23, passed 8-1-2022)