This ordinance provides for certain uses to be located by right in certain districts where the uses are compatible with the purpose of the district and with other uses to be located in certain districts only by complying with additional development standards to ensure that same compatibility. However, certain uses which are basically in keeping with the intent and purposes of the district may have substantial impacts on the surrounding area and should only be allowed after a review of the specific proposal.

In order to ensure that these uses would be compatible with surrounding development and be in keeping with the purposes of the district in which they are proposed to be placed, they are not allowed to be established as a matter of right. They may be established only after a review and approval of a special use permit as required by this section.

(Ord. of 12-19-11(7); Res. of 6-21-21)

Uses that require special use permits vary greatly in their size, characteristics, impact on surrounding properties, impact on public facilities, and relationship to the overall health, safety, and welfare of the community. Because of this variation, this section establishes two classes of special use permits ("major" and "minor") that group the uses together based on their relative size, characteristics, and community impact.

A.

Major special use permit uses are those uses that, by virtue of the size, impact, or relationship to the overall health, safety, and general welfare of the community, will be reviewed and approved by the board of county commissioners after a public hearing and recommendation from the Carteret County Planning Commission. Unless otherwise stated, all special use permit applications will be deemed to be minor special use permit applications.

B.

Minor special use permit uses are those uses that, by virtue of their more limited size, impact, or relationship to the overall health, safety, and general welfare of the community, will be reviewed and approved by the planning commission.

(Ord. of 12-19-11(7))

A request for a major or minor special use permit will be considered only if requested by the owner of the property in question or an authorized agent of the property owner. Applications for all special use permits or amendments to any approved special use permit must be filed in the office of the planning department on the forms provided by the planning staff. All applications must be accompanied by the proper fee to defray administrative and advertising expenses.

All applications for a special use permit must be accompanied by a site plan (drawn to scale) that includes at least the following information:

A.

A boundary survey showing the total acreage, zoning classification(s), date, and north arrow (with the north arrow oriented up, i.e., to the top of the map);

B.

All existing easements, reservations and rights-of-way and all setbacks required for the zoning district requested;

C.

Proposed location of all structures, their approximate square area and general exterior dimensions;

D.

Proposed use of all land and structures;

E.

Traffic, parking, and circulation plan, showing proposed location and arrangement of parking spaces and ingress and egress to adjacent streets;

F.

Proposed screening, including walls, fences or planting areas, as well as treatment of any existing natural features.

(Ord. of 10-19-09(7); Ord. of 12-19-11(7))

When processing a special use permit application, it may be desirable to request additional information in order to evaluate a proposed use and its relationship to the surrounding area. Therefore, the planning commission and/or the board of county commissioners may require additional information. This may include, but is not limited to, the following information:

A.

Delineation of areas within the regulatory flood zones, as shown on the county FEMA maps;

B.

Topography at four-foot contour intervals or less (existing and proposed);

C.

Proposed location of buildings, their general exterior dimensions, and number of floors;

D.

Proposed signs and their locations;

E.

Proposed phasing, if any, and approximate completion time of the project.

(Ord. of 12-19-11(7))

A.

No major or minor special use permit may be issued until after a public hearing has been held on the request.

B.

The total amount of time allowed for the supporters or the opponents of a petition to present arguments at the hearing shall be determined at the time of public hearing. At the hearing, the presiding officer will decide whether to grant all or part of the request for additional time.

C.

In cases involving a controversial matter and a large number of persons wish to speak at the public hearing in favor of or against a request, the planning commission reserves the right to require those persons to sign up in advance of the public hearing in order to facilitate and organize the speakers. Persons who do not register to speak in advance shall be allowed that right at the public hearing. If such a requirement for pre-registration is necessary, the advertised public hearing notice shall clearly indicate this requirement.

(Ord. of 10-19-09(7); Ord. of 10-17-11(11); Ord. of 12-19-11(7))

The applicant has the burden of producing competent material and substantial evidence, tending to establish the existence of the facts and conditions which the appropriate section of this ordinance requires for the issuance of the special use permit.

In considering an application for a special use permit, the board of county commissioners or planning commission will consider, evaluate, and may attach reasonable and appropriate conditions to the location, nature and extent of the proposed use and its relation to surrounding property. Any such conditions may relate to parking areas and driveways, pedestrian and vehicular circulation systems, screening and buffer areas, the timing of development, and other matters the board of county commissioners or planning commission may find appropriate or that the applicant may propose.

(Ord. of 12-19-11(7))

An approved application for a special use permit and all conditions that may be attached to the approval are binding on the property. All subsequent development and use of the property must be in conformance with the special use permit and all plans, specifications, and conditions, unless terminated by procedures established below. It is unlawful to develop or use real property in violation of any approved special use permit, all additional conditions, or the resolution authorizing a special use of the property. The special use permit shall become effective after being duly recorded in the Carteret County Register of Deeds.

(Ord. of 12-19-11(7))

If an application for a special use permit is denied by the board of county commissioners or the planning commission, a reapplication for that special use on that property may not be instituted, unless, however, upon request of the property owner, the board of county commissioners or planning commission determine that there have been sufficient changes in conditions or circumstances bearing on the property to warrant a reapplication.

In the case of a major special use permit, such a request must be submitted to the planning director with evidence to support the allegation that sufficient changes have occurred. The planning director will submit the request to the planning commission who, in turn, will review the request and transmit its findings and recommendations to the board of commissioners.

In the case of a minor special use permit, the applicant must submit the request to the planning director with evidence to support the allegation that sufficient changes have occurred. The planning director will review the request and transmit his findings and recommendations to the planning commission for a final determination.

(Ord. of 12-19-11(7))

A.

Modifications to an approved special use permit. The owner of property that is subject to an approved special use permit may petition for a modification of the special use permit by following the same procedure as if applying for a new special use permit . Applications for a modification must include a new site plan that identifies the proposed changes. Evidence presented at the hearing on the proposed modification will be limited to the effect of the proposal on the original special use permit, any plans or conditions that were a part of the original special use permit, and the standards and requirements of the ordinance under which the original special use permit was approved.

B.

Alterations to an approved preliminary or final plan. Changes to approved plans and conditions of development require planning commission approval. However, minor changes (as determined by the planning director) in the detail of the approved plan may be approved by the planning director without going through the plan amendment process, if the minor changes:

1.

Will not alter the basic relationship of the proposed development to adjacent property;

2.

Will not alter the uses permitted or increase the density of development; and

3.

Will not decrease the off-street parking ratio or reduce the yards provided at the site boundary .

If the planning director, at his (her) discretion, determines that a proposal is not a minor change, the application for changes shall be forwarded to the planning commission for its consideration.

(Ord. of 7-19-10(5); Ord. of 12-19-11(7))

A.

The special use permit shall be subject to revocation when a court has determined that a particular special use permit has been violated. After receipt of the final judgment and after the party responsible for the violation has had reasonable opportunity to correct the violation but has not, the board of county commissioners or planning commission, whichever granted the original special use permit, will revoke the special use permit.

Subsequent to the revocation of a special use permit, the special use must cease and the future use of the property must be in conformance with the standards of this ordinance for the district where the property is located. Any use or development of the property commenced pursuant to the special use permit must conform, or be brought into conformance with, the standards of the district where the property is located.

B.

Termination of a special use permit may be requested by the property owner or an authorized agent of the property owner. All applications for termination of a special use permit will be considered using the same process as a minor special use permit .

(Ord. of 12-19-11(7))

Uses listed in the various district regulations as special uses that were already in existence prior to being classified as special uses will be considered as conforming uses. However, any expansion of such a use must receive special use permit approval under these provisions as if the expanded use for the entire site were being newly-established.

(Ord. of 12-19-11(7))

Editor's note— Ord. of 12-19-11(7) repealed § 3312, which pertained to recognition of previously approved special use permits.

No agency has the authority to grant a variance on any condition imposed by a special use permit. If a variance is needed, an applicant for a special use permit must obtain such a variance prior to consideration of the special use permit request. An approved variance may be considered by the planning commission or the board of county commissioners in the decision on a special use permit.

(Ord. of 12-19-11(7))

Any appeal from the action of the planning commission or board of county commissioners pertaining to the decision on a special use permit request must be taken to the superior court within thirty days of the decision.

(Ord. of 12-19-11(7))

For any request that is to go before the zoning board of adjustment, planning commission, or board of county commissioners that pertains to a particular property or properties, staff shall complete the following requirements.

A.

A notice of the request will be placed in a local Carteret County newspaper once a week for two successive calendar weeks. The notice will appear for the first time no more than 25 days and no less than 10 days prior to the meeting or hearing date.

B.

In addition, notice shall be given by first class mail to the owners of surrounding properties, as well as any others whose property (or any portion thereof) lies within 200 feet or two properties, whichever distance is greater, of any portion of the subject property or properties. Such notification must be mailed at least 10 (ten) days in advance of the meeting/hearing date.

C.

A sign shall be posted on the subject property or properties at least 10 (ten) days prior to the meeting or hearing date.

(Ord. of 10-17-11(11); Ord. of 12-19-11(7); Res. of 2-20-23)

Editor's note— Ord. of 12-19-11(7) repealed §§ 3316 and 3317, which pertained to approval procedures for group housing projects requiring a special use permit and requirements for mobile home parks and travel trailer parks as a special use.

A.

Commercial marinas. If a commercial marina is approved as a special use, the conditions, restrictions, area requirements, and design standards in section 3117 shall be adhered to, in addition to any other applicable sections of the ordinance.

B.

Marinas as accessory uses in residential developments. Marinas, as an accessory use to a residential development and approved as part of the development area, are permitted in all residential districts subject to the following limitations.

1.

Boat slips, piers, and bulkheads are permitted; however, no commercial activities shall be permitted. Marinas may include any pump-out facilities required by state or federal regulations.

2.

A clubhouse or similar facility that could normally be included in a residential development may be included with the marina facilities.

3.

Drystacks shall not be permitted in residential development marinas.

4.

Signs calling attention to the marina other than those for vehicular directional purposes located within the development are not permitted.

5.

The number of slips may not exceed 110 percent of the number of units in the residential development. Each slip over and above the number of units in the residential development must be provided with two parking spaces in a specifically-designated area.

C.

Approval procedure for marinas.

1.

A preliminary plan containing the following information shall be submitted to the technical review committee for review and recommendation, along with any other documentation requested by the county:

a.

Name of marina;

b.

Name of owner/developer;

c.

Name of land planner, architect, engineer, surveyor;

d.

Date of plan;

e.

Vicinity map;

f.

Location and size of any marinas within 1,000 feet of the proposed project;

g.

Dimensions and bearings of exterior property lines and total acreage;

h.

Land contours or topographic survey;

i.

Access roads and roads within the project;

j.

Water drainage plans;

k.

Location and dimensions of proposed and existing buildings;

l.

Method of surfacing roads and parking areas;

m.

Electrical system for project area;

n.

Water source and distribution system;

o.

Sewage disposal system;

p.

Environmentally sensitive areas on site;

q.

Adjoining property owners;

r.

Adjoining property uses;

s.

Graphic scale with north arrow;

t.

Maximum project area coverage;

u.

Parking area and number of parking spaces;

v.

Flood zone data;

w.

Any other documentation required by Carteret County.

2.

The technical review committee's recommendations and the preliminary site plan shall then be submitted to the planning commission for its review and recommendation.

3.

Upon receiving the planning commission's approval, the developer may apply for the Coastal Area Management Act permit.

(Ord. of 12-19-11(7))

A.

If a drystack is approved as a special use, the conditions, restrictions, area requirements, and design standards in section 3118 shall be adhered to in addition to any other applicable sections of the ordinance. In no case shall a special use permit be issued for a drystack on a parcel zoned IW that is not adjacent to surface waters.

B.

Approval procedure for drystacks.

1.

A preliminary plan containing the following information shall be submitted to the technical review committee for review and recommendation.

a.

Name of drystack;

b.

Name of owner/developer;

c.

Name of land planner, architect, engineer, and surveyor;

d.

Date of plan;

e.

Vicinity map;

f.

Location and size of any marinas and/or drystacks within 1,000 feet of the proposed project;

g.

Dimensions and bearings of exterior property lines and total acreage;

h.

Land contours or topographic survey;

i.

Access roads and roads within the project;

j.

Water drainage plans;

k.

Location and dimensions of proposed and existing buildings;

l.

Method of surfacing roads and parking areas;

m.

Electrical system for project area;

n.

Water source and distribution system;

o.

Sewage disposal system;

p.

Environmentally sensitive areas on site;

q.

Adjoining property owners;

r.

Adjoining property uses;

s.

Graphic scale with north arrow;

t.

Maximum project area coverage;

u.

Parking area and number of parking spaces;

v.

Flood zone data;

w.

Any other documentation requested by Carteret County.

2.

The technical review committee's recommendations and the preliminary site plan shall then be submitted to the planning commission for its review and recommendation.

3.

Upon receiving the planning commission's approval, the developer may apply for the Coastal Area Management Act permit.

(Ord. of 12-19-11(7))

Home occupations can have widely varying impacts on a neighborhood. Those home occupations with little or no visual, audible, or other impacts are classified as minor and do not require a special use permit.

A.

Signage as permitted pursuant to Chapter 2100.

B.

Parking as required by Chapter 2100 but, at a minimum, two off-street parking spaces shall be provided, unless the planning commission determines that additional spaces are needed. Required parking shall not be provided in the front yard, except for the driveway (which may be used to fulfill this requirement).

C.

On-site customer/client contact is limited to one appointment at any time not to exceed eight visits per day, except day care facilities, which may have more than eight, if approved by the planning commission.

D.

One truck or van over one ton may be stored on-site, if related to the home occupation and if stored in an enclosed structure.

E.

Major home occupations are permitted two employees who are not residents of the household and may have additional employees who are not residents of the household, if approved by the planning commission.

F.

For bed and breakfast residences, the following shall apply:

1.

No more than 40 percent of the floor area of the residence may be used for guestrooms.

2.

No more than four guestrooms, each with no more than two beds shall be permitted.

3.

Payment shall not be received for any meals provided, except as a part of the guestroom fee.

4.

The bed and breakfast residence shall provide one off-street parking space for each guestroom. Required parking shall not be provided in the front yard, except for the driveway (which may be used to fulfill this requirement).

5.

The owner of the bed-and-breakfast residence shall reside on the premises.

G.

If the major home occupation is day-care for children, 100 square feet of fenced outdoor play space is required per child. The play area must be at the side or rear of the house and a drop-off area for two cars must be provided.

H.

See also Section 2902, general requirements for all home occupations.

(Ord. of 12-19-11(7))

The port industrial district (P-I) is established as a district to provide and protect areas for port-related industrial purposes and uses which are dependent to some degree on nearby water or need access to nearby harbors or bodies of water. Due to the uniqueness of this district, all special uses shall be required to obtain a major special use permit.

A.

Prior to granting a major special use permit in the P-I district, the board of county commissioners must make the following findings:

1.

That the special use will not materially endanger the public health, public safety, adjacent water and air resources or environment if located where proposed and developed according to the plan, as submitted and approved;

2.

That the special use meets all the requirements, conditions, and specifications of this ordinance;

3.

That the use will not substantially injure the value of adjoining or abutting property;

4.

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 plan of development;

5.

That adequate water, sewer, and safety equipment and facilities are present or are proposed and will be constructed to adequately provide for and protect the adjoining areas;

6.

That adequate public or private transportation means and facilities are present at or near the site or are proposed and will be carried out by or on behalf of the applicant to serve the site and the activities and uses on the site so as not to endanger the safety or unduly disrupt the normal activities of nearby property owners or the citizens of nearby communities through which the transportation system must pass;

7.

That the proposed use would not have a substantial adverse environmental impact on water and air resources; or

8.

That the use is a public necessity.

B.

The following time limits shall be attached to the major special use permit in addition to any conditions the board of county commissioners deem necessary. All work shall be completed within a specified time not more than five years from said approval date. Unless all work pursuant to the permit is completed within the specified time period, the permit shall become void and of no effect; provided, however, that the permit may be renewed for periods of one year, as deemed reasonable and appropriate by the Carteret County Board of Commissioners, but there shall be no more than three such extensions.

C.

Application requirements. The applicant for a major special use permit within the P-I district shall provide the following documentation at the time of application:

1.

The final site plan shall accompany every application and shall show or contain the following information:

a.

A location map with the scale not less than one inch equals 1,000 feet showing the location of the proposed site in relation to the surrounding area within a one-mile radius;

b.

Names and addresses of the owners of the property, the developer, if applicable, and the operator or leasee of the site, if applicable, and the registered surveyor, engineer or architect who designed the site plan and facilities;

c.

Date, scale, and approximate north arrow (with the north arrow oriented up, i.e., to the top of the map);

d.

The boundary line of the tract with accurate linear and angular dimensions drawn to-scale and the area of the site in square feet or acres;

e.

Location of all structures, buildings, and improvements to be carried out on the site;

f.

Proposed and existing contours with a vertical interval of two feet or less and the elevation of existing streets, roads, drives, walks, railroad tracks, curves, catch basins, etc.;

g.

Name, location, and dimensions of all existing or proposed roads to serve the site, and the location and dimensions of all alleys, driveways, entrances, exits, and walkways;

h.

The name, location, and dimensions of all railroad rights-of-way and other public transportation facilities to serve the site;

i.

General landscape plan showing the location, name, and size of all plant materials to be used on the project, and plans of landscape features, such as screens, fences, etc.;

j.

Plans of proposed utility layouts (sewer lines, septic tanks, septic tank drainfields, and water lines) showing connections to existing or proposed utility systems;

k.

A detailed plan for all gas and electrical installations and equipment prepared to meet the National Fire and Electrical Codes and all other codes or ordinances governing the type and manner of such equipment and installations;

l.

The location and dimensions of all docks, wharves, or other storage areas within the site;

2.

A complete and comprehensive narrative detailing the plans of the applicant and all proposed uses and purposes of the site and facilities located thereon;

3.

The name and location of other sites and facilities similar in purpose and nature to the site and facility being proposed by the applicant or others either within the State of North Carolina or in the United States;

4.

When deemed necessary by either the Carteret County Planning Commission or the Carteret County Board of County Commissioners, certification by a registered engineer or similar professional experienced in his field may be required to ensure the prevention of explosive hazards and pollution of adjoining waters or lands as a result of chemical, petroleum, or other products to be placed on the site (Res. of 6-21-21);

5.

Complete and detailed plans and documentation from either a county or state agency having regulatory authority over the applicant concerning the availability of an adequate supply of water on the premises, and providing information regarding the excess capacity of water distribution facilities on or near the property, the plans for increasing capacity, or a report prepared by a registered professional engineer providing data on the excess capacity of an underground aquifer;

6.

A statement describing the type of private or public sewage disposal facilities that the applicant proposes to use on the property, and a letter from the appropriate county or state agency indicating that the type of system proposed has been approved by the reviewing agency;

7.

Documentation from the North Carolina Department of Transportation stating that a conference has been held with the applicant and providing information regarding the capacity of roads serving the property, including access roads and nearby thoroughfares, the plans for increasing capacity on existing roads, plans for new roads in the area, and stating that the road system of the applicant as proposed will adequately provide the transportation needs of the applicant and the county;

8.

Detailed plans regarding the applicant's needs for fire protection and any and all equipment or improvements the applicant proposes to construct on the site for fire protection and fire prevention;

9.

Documentation from either the county fire marshal's office or the North Carolina Department of Insurance, as appropriate, outlining the fire protection and fire prevention needs of the applicant and its activities and listing any additional equipment or improvements that will be required to be furnished either by the applicant or by public fire departments serving the area;

10.

A written and detailed statement from the applicant indicating how he proposes to overcome deficiencies in existing public facilities serving the site, if such exist, and how the proposed development of the additional public facilities needed will be phased in;

11.

A written and detailed statement from the applicant outlining the transportation needs of the applicant for the delivery of inventory, cargo, supplies, or equipment to the site, and the shipment of cargo, inventory, products, or materials from the site to its intended destination. The statement shall also include the frequency of deliveries or shipments to and from the site and the routes, methods, and means of such shipments to and from the sites of all inventories, products, and materials going to and from the site;

12.

If deemed necessary by either the Carteret County Planning Commission or the Carteret County Board of County Commissioners, certification from a registered professional engineer or other professional consultant to the effect that the transportation facilities serving or to serve the site are adequate and safe and will not unduly interrupt or interfere with the normal daily activities of nearby property owners and businesses and the citizens and residents of nearby communities through which the transportation system proposed to serve the site passes;

13.

If the transportation facilities proposed to serve the site are inadequate, a detailed and concrete proposal from the applicant as to how and when the transportation facilities will be upgraded and improved so that the same are adequate for the site, nearby property owners, and nearby communities through which the transportation facilities pass;

14.

A detailed list of all local, state, and federal permits needed by the applicant in order to construct and operate the facility, and a status report on the permit process being undertaken by the applicant for each needed permit;

15.

With regard to all local, state, and federal permits needed by the applicant, documentation from each agency indicating that all required permits have been applied for;

16.

If deemed necessary by either the Carteret County Planning Commission or the Carteret County Board of County Commissioners, a detailed analysis of all possible adverse environmental impacts on nearby water and air resources which could result from the activities proposed for the site, and all proposals of the applicant to minimize possible adverse environmental impacts;

17.

A detailed statement of the economic impact the proposed use would have in Carteret County and the adjoining areas;

18.

Any other documentation, studies, or data deemed necessary by either the Carteret County Planning Commission or the Carteret County Board of County Commissioners in order to adequately consider and act upon the special use permit application.

(Ord. of 12-19-11(7))

The purpose of this section is to provide reasonable regulations to prevent the adverse effect of the concentration or clustering of certain uses of real property, specifically adult establishments. Regulation of the locations of these uses is essential to ensure that such adverse effects will not contribute to the blight or downgrading of neighborhoods or deter or interfere with the development and operation of other businesses which are necessary and desirable in the county.

Adult establishments shall only be allowed in B-1 districts (general business district) subject to the issuance of a special use permit. The special use permit shall be issued only if all criteria established below are met.

A.

The minimum lot size for adult establishments shall be one acre. Structures shall have minimum front, side, and rear yard setbacks of at least 50 feet. Buffering that meets the requirements of this ordinance shall be provided on all of the lot. The buffering shall be placed within the 50-foot setback. Signage and parking shall conform to the requirements of this ordinance.

B.

No building, structure, or any portion thereof, or any portion of a lot or parcel of property in any zoning district shall be used for an adult establishment at a location closer than one mile to any other adult establishment, any nursery school, elementary school, junior high school, high school, public playground, or church; or closer than 600 feet to any residentially-zoned property, planned unit development, or property with an existing residential use.

C.

For the purposes of this section, distances shall be measured in a straight line between the nearest portion of the proposed adult entertainment lot and the nearest property line of any other adult entertainment lot, or other use stated in 3322.B.

D.

Any adult establishment that intends to in any way alter or change the nature of its operation on or after the effective date of this section shall comply with section 3300 prior to such alteration or change.

E.

No building, premises, structure, or other facility that contains any adult establishment shall be permitted to contain any other kind of adult establishment. No building, premises, structure, or other facility in which sexually-oriented devices are sold, distributed, exhibited, or contained shall be allowed to contain any adult establishment.

F.

No viewing booth in an adult mini-motion picture theatre shall be occupied by more than one person at any time.

G.

The provisions of this section shall not apply to a regularly-established and licensed hospital, sanitarium, nursing home, or medical clinic, nor to the office or clinic operated by a duly-qualified and licensed medical practitioner, osteopath, or chiropractor or certified physical therapist in connection with his practice of medicine, chiropractic, or osteopathy or physical therapy, provided, however, that such office or clinic is regularly used by such medical practitioner, chiropractor or osteopath as his principal location for his practice of medicine, chiropractic, osteopathy, or physical therapy.

(Ord. of 12-6-93; Ord. of 12-19-11(7))