(Ord. No. 29, § 12.1, 8-17-1991; Ord. No. 2021- 0607, § 1, 6-28-2021)

   (1)   Structures. Location of all structures within 50 feet of the property, location and depth, if known, of any existing utility lines in the property or along any adjacent street.

   (2)   Other requirements.

      a.   Location of property boundaries, location of any easements for utility lines or passage which cross or occupy any portion of the property for proposed lines.

      b.   Detailed construction plans shall be submitted prior to issuance of a building permit.

      c.   The applicant shall submit with its application a list of names and addresses of all abutting property owners along with one set of envelopes stamped and with typed addresses to each person on the list. In the absence of evidence to the contrary, the applicant may rely on the county tax listing to determine owners of abutting property. These addressed envelopes and the list must be submitted to the zoning official as part of an application prior to scheduling a public hearing.

      d.   A site development plan as set forth in section 32-128 of this chapter shall be provided with each application.

(Ord. No. 29, § 12.2, 8-17-1991; Ord. No. 2021- 0607, § 1, 6-28-2021)

   The special uses, as specified in the various districts may be permitted only after approval by the planning board following a public evidentiary hearing. The planning board shall follow the quasi-judicial procedures set forth in section 32-102(c) when scheduling and hearing an application for a special use permit.

(Ord. No. 29, § 12.3, 8-17-1991; Ord. No. 2021- 0607, § 1, 6-28-2021)

   (a)   Compliance with other codes. Granting of a special use permit does not exempt the applicant from complying with all of the requirements of building codes and other ordinances.

   (b)   Revocation. In any case where the conditions of a special use permit have not been or are not being complied with, the zoning official shall give the permittee notice in writing that the conditions of the special use permit have been violated, specifying the manner in which such conditions have been violated and ordering compliance therewith within ten days of the date that such notice shall be mailed to the permittee and the landowner if not the permittee at the address set forth on the original special use permit application or such other address as the zoning official has on file. If, at the end of such ten-day period, the conditions of the permit have not been met by the permittee, the zoning official shall give to the permittee written notice of his intent to seek revocation of the special use permit. Such notice shall be in writing and shall specify the conditions of the permit which have been violated by the permittee and shall specify a time and place for a public evidentiary hearing before the planning board to consider the revocation request. Such revocation hearing shall follow all quasi-judicial procedures applicable to an approval as set forth in section 32-102(c). Following the hearing, the planning board shall revoke, modify, or leave intact the original special use permit according to its findings. Such permit shall be revoked only if the planning board finds that specific standards set by the permit have been violated and that such standards are and remain material to the permit and that such violation adversely affects the surrounding or adjacent zoning districts. The special use permit may be modified as the planning board shall, in its discretion, deem to be appropriate if the planning board shall find that specific standards of the permit have been violated but that such violated standard has, due to a change in circumstances, become not material or that the violated standard does not adversely affect the surrounding or adjacent zoning district.

   (c)   Expiration. In a case where a special use permit has not been exercised within the time limit set by the planning board, which period may not be shorter than 12 months, or within twelve months if no specific time limit has been set, then without further action, the permit shall be null and void. Exercised, as set forth in this section, shall mean that binding contracts for the construction of the main building have been let; or in the absence of contracts that the main building is under construction to a substantial degree; or that prerequisite conditions involving substantial investment are contracted for, in substantial development, or completed. When construction is not a part of the use, exercised shall mean that the use is in operation in compliance with the conditions set forth in the permit.

   (d)   Duration of special use. Any conditions imposed on a special use authorized and exercised shall be perpetually binding upon the property unless expressly limited by the special use permit or subsequently changed or amended by the planning board after a public hearing.

   (e)   Conditions and guarantees. Prior to the granting of any special use the planning board may stipulate such conditions and restrictions upon the establishment, location, or construction, maintenance, and operation of the special use as it deems necessary for the protection of the public and to secure compliance with the standards and requirement specified in this chapter. In order for such conditions to be effective the permittee must consent to the same in writing. In all cases in which special uses are granted, the planning board shall require such evidence and guarantees as it may deem necessary to ensure that the conditions stipulated in connection therewith are being and will be complied with.

   (1)   Such conditions may include a time limitation.

   (2)   Conditions may be imposed which require that one or more things be done before the use requested can be initiated. For example, "that a solid board fence be erected around the site to a height of six feet before the use requested is initiated."

   (3)   Conditions of a continuing nature may be imposed. For example, "exterior loud speakers shall not be used between the hours of 10:00 p.m. and 9:00 a.m."

(Ord. No. 29, § 12.4, 8-17-1991; Ord. No. 2006-1010, 10-26-2006; Ord. No. 2021-0607, § 1, 6-28-2021)

   (b)   Requirements. Any proposed commercial filming activity must comply with and be permitted pursuant to the village commercial filming guidelines, as may be modified from time to time by the village council, a copy of which may be obtained at village hall.

   (c)   Penalties. Commencing commercial filming activities without a permit may result in fine of $5,000.00, which must be paid to the village at village hall within ten days of receiving a citation for such unpermitted filming activity. Failure to comply with the commercial filming permit and/or the village commercial filming guidelines may result in a fine of $5,000.00, which must be paid to the village at village hall within ten days of receiving a citation for such failures, or suspension, modification, or termination of the commercial filming permit. Each continuing day during which a violation occurs shall be deemed a separate offense. Violations under this section shall not be punishable as a misdemeanor under G.S. 14-4.

Ord. No. 29, § 12.5, 8-17-1991; Ord. No. 2006-1011, 10-26-2006; Ord. No. 2012-0301, 3- 16-2012; Ord. No. 2021-0607, § 1, 6-28-2021)

   Cross-reference–See Appendix C of the Code of Ordinances for Commercial Filming Guidelines, Filming Permit Application and Fee Schedule.