A. Purpose and Intent. This section sets out the procedure for consideration of an application for a special use permit. A special use is a use that may be appropriate in a zoning district, but because of its nature, extent, and external effects, requires special consideration of its location, design, and methods of operation before it can be deemed appropriate in the district and compatible with its surroundings.
B. Applicability. Applications for uses identified as requiring a special use in Table 4.2.3, Principal Use Table, shall be reviewed in accordance with the procedures and standards of this section.
C. Special Use Permit Procedure. The Special Use Permit procedure is described in Figure 2.2.19, Special Use Permit Procedure, as supplemented by Section 2.3, Application Processing, and the Procedures Manual.
D. Application.
1. An application for a special use permit shall include a site plan that depicts the proposed use and site configuration. The TRC shall review and comment on the site plan prior to consideration of the application by the Board of Commissioners.
2. The application shall include a transportation impact analysis for review, when required by Section 6.13, Transportation Impact Analysis.
E. Review and Decision by Board of Commissioners. Following the conclusion of a quasi-judicial public hearing, the Board of Commissioners shall review and decide the application in accordance with Section 2.2.19.F, Special Use Permit Review Standards. The decision shall be the one of the following:
1. Approval of the special use and concept plan as proposed;
2. Approval of a revised special use or concept plan;
3. Denial of the special use and concept plan; or
4. Remand of the special use application for further consideration.
F. Special Use Permit Review Standards. A special use shall be approved upon a determination that the special use:
1. Will not materially endanger the public health or safety if located where proposed;
2. Complies with all required standards, conditions, and specifications of this Ordinance, including Article 4: Uses;
3. Will not substantially injure the value of the abutting land, or the special use is a public necessity;
4. Will be in harmony with the area in which it is to be located;
5. Is in general conformity with the Town's adopted policy guidance; and
6. Includes a concept plan that accurately depicts the proposed use's configuration.
G. Conditions of Approval.
1. The Board of Commissioners may apply conditions of approval to assure that the use will be harmonious with the area where proposed and consistent with the purpose and intent of this Ordinance.
2. The Board of Commissioners may apply conditions limiting the permit to a specified duration or may place limits on the availability of proposed residential dwelling units to coincide with the provision or maintenance of adequate public facilities.
3. All conditions shall be identified in the approval, the notice of decision, and on the associated site plan.
H. Effect.
1. A special use approval is perpetually binding and run with the land, unless amended or limited in duration by the reviewing authority.
2. An action invalidating a special use condition of approval (such as an intensity or hours of operation limitation) shall render the special use permit null and void.
3. Special uses shall meet all applicable state and federal requirements for location and operation. Failure to maintain compliance with those requirements may result in the revocation of the special use.
I. Amendment. Amendments of a special use permit or an associated concept plan may only be reviewed and considered in accordance with the procedures and standards established for its original approval.
J. Expiration.
1. Replacement. If a special use is replaced by a use otherwise permitted by right in the zoning district, the special use permit approval is deemed abandoned and the special use permit approval is null and void.
2. Failure to Complete Construction. Unless otherwise stated in the special use permit approval, a special use permit shall expire and become null and void two years after the date of issuance if:
a. The authorized use has not commenced;
b. No substantial construction activity has taken place; or
c. Construction activities have started, but the value of all construction activity is less than five percent of the estimated total cost of construction.
3. Extension.
a. An applicant may request an extension of a special use permit approval in writing to the Planning Director at least 60 days prior to expiration.
b. Extension requests shall be reviewed and decided by the Board of Commissioners.
c. Up to one extension for a maximum period of one year may be granted if:
i. The applicant has proceeded towards completion of construction in good faith and with due diligence; and
ii. Conditions have not changed to the extent that a new application is warranted in the sole discretion of the Board of Commissioners.
K. Appeal.
1. A decision by the BOC on a special use permit shall be subject to review by the Superior Court of Wake County by proceedings in the nature of certiorari and in accordance with Section 160D-1402 of the North Carolina General Statutes.
2. Petitions for review must be filed with the Clerk of Court within 30 days of the date the decision is filed in the office of the appropriate review authority and delivered by personal delivery, electronic mail, or first-class mail to the applicant, landowner, and to any person who has submitted a written request for a copy, prior to the date the decision becomes effective.
(Ord. 2020-36, passed 12-2-2019 ; Ord. 2021-65, passed 5-3-2021)