The development and execution of this article is based upon the division of the town into districts within which districts the use of land and buildings, and the bulk and location of buildings and structures in relation to the land, is substantially uniform. It is recognized, however, that there are certain uses which, because of their characteristics, cannot be properly classified in any particular district, without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular location. Such conditional uses fall into two categories:

(1)

Uses publicly operated or traditionally affected with a public interest.

(2)

Uses entirely private in character, but of such unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

(Code 1977, § 9-4111.1)

(a)

Application for conditional use permits. Application for the conditional use permit, signed by the applicant, shall be addressed to the board of commissioners and presented to the administrative official. Each application shall contain or be accompanied by such legal descriptions, maps, plans and other information so as to completely describe the proposed use and existing conditions. The application shall be forwarded to the board of commissioners and the administrative official shall notify the chairperson of the planning board of the application. The site specific development plan shall include the following:

(1)

The metes and bounds and acreage of the site and its relation to surrounding properties.

(2)

The layout of the entire project including the proposed use and location of all buildings.

(3)

The location and dimension of present and proposed streets and private drives, and pedestrian facilities.

(4)

The location of points of entry and exit for motor vehicles and the internal vehicular circulation pattern.

(5)

The location and layout of all off-street parking and loading spaces, including the number of spaces shown and required for each use.

(6)

The location of existing and proposed plantings and screenings, including the type and size of each plant to be installed.

(7)

The location and size of existing and proposed utility lines, water courses and drainage lines and easements.

(8)

Title, north arrow, scale, names of owner, developer, surveyor, and the date of preparation of the plan. Scale no smaller than one inch equals 100 feet on standard sheet sizes of 8.5 inches × 11 inches, 8.5 inches × 14 inches, 11 inches × 17 inches or 18 inches × 24 inches. The applicant shall furnish an electronic or PDF copy of all site plan sheets larger than 8.5 inches × 14 inches.

(9)

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

(10)

Any and all conditions and requirements of this article.

(Code 1977, § 9-4111.2; Ord. No. 2015-2016:003 , § 4, 7-2-2015)

The mayor shall schedule a public hearing on the application for a special use permit to be held within 60 days after the application is filed. Public notice of the hearing shall be published in a newspaper of general circulation in the town at least once each week for two successive weeks prior to the public hearing. The administrative official shall also post notice on the property involved for a period of one week prior to the hearing.

(Code 1977, § 9-4111.3; Res. No. 2021-2022-001 , 7-1-2021)

Editor's note— Res. No. 2021-2022-001 , adopted July 1, 2021, repealed § 36-644, which pertained to action by the planning board and derived from Code 1977, § 9-4111.4.

The board of commissioners shall approve, modify or deny the application for special use permit following the public hearing. In granting a special use permit, the board of commissioners shall make written findings that the applicable regulations of the district in which it is located are fulfilled. With due regard to the nature and state of all adjacent structures and uses, the district within which same is located, and official plans for future development, the board of commissioners shall also make written findings that the following provisions are fulfilled:

(1)

The use requested is listed among the special uses in the district for which application is made;

(2)

The requested use is essential or desirable to the public convenience or welfare;

(3)

The requested use will not impair the integrity or character of the surroundings or adjoining districts, nor be detrimental to the health, morals or welfare;

(4)

The requested use will be in conformity with the land development plan;

(5)

Adequate utilities, access roads, drainage, sanitation and/or other necessary facilities have been or are being provided;

(6)

That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and

(7)

That the special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the board of commissioners.

(Code 1977, § 9-4111.5; Res. No. 2021-2022-001 , 7-1-2021)

Prior to the granting of any special use, the board of commissioners may stipulate, such conditions and restrictions upon the establishment, location, reconstruction, maintenance, and operation of the special use as it is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in section 36-645. In all cases in which conditional uses are granted, the board of commissioners shall require such evidence and guarantees as it may deem necessary as proof 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 hours of 10:00 p.m. and 9:00 a.m.)

(Code 1977, § 9-4111.6; Res. No. 2021-2022-001 , 7-1-2021)

(a)

Compliance with other codes. Granting of a special use permit does not exempt 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 building inspector shall give the permitted notice of intention to revoke such permit at least ten days prior to a board of commissions review thereof. After conclusion of the review, the board of commissioners may revoke such permit.

(c)

Expiration. In any case where a special use permit has not been exercised within the time limit set by the board of commissioners, or within one year if no specific time limit has been set, then without further action, the permit shall be null and void. The term "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 (sewerage, drainage, etc.). When construction is not a part of the use, the term "exercised" shall mean that the use is in operation in compliance with the conditions set forth in the permit.

(d)

Duration. Duration of a special use and any conditions attached shall be perpetually binding to the property, unless it is expressly limited.

(Code 1977, § 9-4111.7; Res. No. 2021-2022-001 , 7-1-2021)

(a)

Approved by. Conditional use permits for planned unit developments, condominiums and town homes shall be approved by the town commissioners. The same conditions for planned unit developments also apply to condominium and townhome developments.

(b)

Permitted districts and uses. The intent of the planned unit development regulations is to permit greater flexibility and, consequently, more creative and imaginative design for the development of residential areas than generally is possible under conventional zoning regulations. It is further intended that such regulations should achieve the following objectives:

(1)

To preserve to the greatest extent possible the existing features and amenities and to utilize such features in a harmonious fashion;

(2)

To provide for more usable and suitably located recreation facilities and other public and common facilities that would otherwise be provided under conventional land development procedures;

(3)

To combine and coordinate architectural styles, building forms and building relationships within the planned unit developments; and

(4)

To ensure a quality of construction commensurate with other developments within the town.

Planned unit developments are conditional uses in the R-10 and R-6 zoning districts. Those uses set forth in this chapter for the district in which the planned unit development is to be located shall be permitted with the following exceptions:

(1)

Open space reservations may be considered for building density increases.

(2)

Permitted types of dwelling units may include single-family detached, semidetached, attached dwellings and two-family and multifamily dwellings in the R-10 and R-6 zoning districts.

(3)

Condominium, townhome, cooperative, individual, municipal or other type of ownership is hereby permitted.

(c)

Dimensional requirements. Minimum lot area, width and setback requirements of the zoning district within which the planned unit development is located may be waived for individual dwelling units, provided that the spirit and intent of this section are complied with in the development plan, as determined by the planning board and town commissioners. The maximum building height is 35 feet and 2½ stories.

(d)

Site development standards. All planned unit developments shall conform to the following site development standards:

(1)

Density. Development area density shall be no greater than that normally permitted for the zoning district in which the planned unit development is located, except as provided under the bonus provisions. Development area density shall be computed by subtracting 16 percent of the gross area (as allowance for street rights-of-way and private drives), plus areas designated for nonresidential purposes, such as schools, churches, etc., from the gross area, and dividing the remaining area by the minimum conventional lot area requirements for the zoning district in which the development is located. Should the development fall into more than one zoning district, the density shall be the combined proportion of each district. A density bonus not to exceed 25 percent of the number of dwelling units permitted under the standard applicable zoning district regulations may be approved by the town commissioners in accordance with the following ratio of residential area to common open space:

If the planning board and town commissioners find that any of the following conditions would be created by an increase in density, they may either deny an application for such increase or limit to increase in density by an amount sufficient to avoid the creation of those conditions:

1.

Inconvenient or unsafe access to the development.

2.

Traffic congestion in streets adjoining the development.

3.

An excessive burden imposed on parks, recreational areas, schools, or other public facilities, which serve or are proposed to serve the development.

(2)

Common open space.

a.

Common open space is a parcel of land reserved primarily for the leisure and recreational use of all the planned unit development residents buy may, in certain instances, serve a larger residential area. Such common open space shall be integrated throughout the project and made easily accessible to all the residents.

b.

Common open space shall comprise at least ten percent of the net development area of the planned unit development area shall be determined by subtracting 16 percent of the gross area (as allowance for street rights-of-way and private drives), plus areas designated for nonresidential purposes, such as schools, churches, etc., from the gross area.

c.

Common open space includes:

1.

Land area of the site not covered by buildings, parking structures and areas, or accessory structures except recreational structures.

2.

Land, which is accessible and available to all occupants of dwelling units for whose use the space in intended.

d.

Common open space does not include:

1.

Public and/or private streets and street rights-of-way.

2.

Open parking areas and driveways for dwellings.

3.

Nonresidential areas, and the buildings, accessory buildings, parking and loading facilities for such areas.

e.

The planning board and town commissioners may determine that all or part of stream areas, bodies or water, and slopes in excess of 15 percent may be included as open space. In making such determination, the planning board and town commissioners shall be guided by the following factors:

1.

The extent of these areas in relation to the area of the planned residential development.

2.

The degree to which these areas contribute to the quality, livability and amenity of the development.

f.

Common open space shall be used only for recreational (active or passive) purposes or for the preservation of natural amenities, which would add value to the planned unit development or the community as a whole. The recreational uses provided must be clearly of a nonprofit nature. However, this does not preclude a monetary charge for recreational purposes, such as a golf, swimming or tennis club, when such uses are primarily for the residents of the planned unit development.

g.

All common open space and other facilities, including streets, access drives and off-street parking areas must be shown on the development plan which must be recorded in the county register of deeds office.

h.

All land shown on the development plan as common open space and other facilities, including streets, access drives and off-street parking areas must be conveyed under one of the following options:

1.

It may be conveyed to the town as municipally owned and maintained. Where areas are to be conveyed to the town, such conveyance shall be subject to acceptance by the town commissioners.

2.

It may be conveyed to the trustees provided in an indenture establishing an association of homeowners. The common open space must be conveyed to the trustees subject to covenants and easements to be approved by the planning board and town commissioners which restrict the common open space to the uses specified on the development plan and which provide for the maintenance of the common open space in a manner which assures its continuing use for its intended purpose. If the common open space is deeded to a homeowners' association, the developer shall file a declaration of covenants and restrictions that will govern the association, to be submitted with the application for preliminary approval. The provisions shall include, but are not limited to, the following:

(i)

The homeowners' association must be set up before the homes are sold.

(ii)

Membership shall be mandatory for each homebuyer, and any successive buyer.

(iii)

The open space restrictions must be permanent, not just for a period of years.

(iv)

The association must be responsible for liability insurance, local taxes and the maintenance of common open spaces and other facilities, including private streets, access drives and off-street parking areas.

(v)

The homeowners must pay their pro rata share of the cost, and any assessments levied by the homeowners' association that remain unpaid shall become a lien on the individual property.

(vi)

The homeowner's association shall be able to adjust the assessment to meet change needs.

(3)

Perimeter standards. Structures located on the perimeter of a planned unit development must be set back in accordance with the provisions of this chapter controlling the area within which the planned unit development is situated. In addition, the perimeter of the planned unit development must be planned and developed in accordance with the character of any existing residential development located on adjoining property. To this end, the perimeter of the planned unit development must reflect the minimum conventional requirements for the zoning district in which the existing adjacent residential development is located.

(4)

Nonresidential development. The layout of parking areas, service areas, entrances, exits, yards, courts and landscaping of nonresidential uses, and the control of signs, lighting, noise or other potentially adverse influences shall be such as to protect the residential character within the planned unit development and that of any adjoining residential district. Nonresidential uses shall be so located and designed as to provide direct access to major streets and highways without creating congestion or traffic hazards on any local residential street.

(5)

Traffic circulation. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Minor streets within planned unit developments shall not be connected to streets outside the development in such a way as to encourage their use by through traffic. A part of every residential building shall not be farther than 60 feet from an access roadway or drive providing vehicular access from a public street, and not farther than 500 feet, measured along the route of vehicular access, from a public street. The pedestrian circulation system and its related walkways shall be insulated completely and as reasonably as possible from the vehicular street system in order to provide separation of pedestrian and vehicular movement. This shall include, when deemed necessary by the planning board and town commissioners, pedestrian underpass or overpass in the vicinity of schools, playgrounds, local shopping areas and other neighborhood uses, which generate a considerable amount of pedestrian traffic.

(6)

Parking standards. Off-street parking and loading areas shall be provided in accordance with this article. In addition, the minimum requirements as set forth below shall govern the design of parking and loading areas:

a.

All parking spaces shall have minimum dimensions of nine feet in width and 18 feet in length. All access or backup aisles shall conform to the following dimensions:

b.

Parking areas shall be arranged so as to prevent through traffic to other parking areas.

c.

Parking areas shall be screened from adjacent structures, roads and traffic arteries with hedges, planting, earth berms, and changes in grade or walls.

d.

No more than ten parking spaces shall be permitted in a continuous row without being interrupted by landscaping.

e.

All streets and any off-street parking and loading areas shall be paved, and the design thereof approved by the planning board and town commissioners. All areas shall be marked so as to provide for orderly and safe loading, parking and storage.

f.

All parking areas shall be adequately lighted. All such lighting shall be so arranged as to direct the light away from adjoining residences.

g.

All parking areas and off-street loading areas shall be graded and drained so as to dispose of all surface water without erosion, flooding and other inconveniences.

h.

All parking areas shall be located at least ten feet from any building or structure unless the building or structure is designed to provide sheltered parking areas for the convenience of the occupants.

(7)

Street design. Streets in a planned unit development may be dedicated to public use or retained under private ownership. They shall be constructed in accordance with standards required by the town, as amended, or as otherwise specified in the conditional use permit. The planning board may recommend, and the town commissioners may approve, modifications of the standards required by the subdivision regulations only if it is found that such standards are not required in the interest of the residents of the planned unit development and that the modifications of such standards are consistent with the interests of the entire community.

(8)

Landscaping. In addition to any requirements imposed by this section, landscaping and buffers shall be provided in accordance with sections 36-437 through 36-441.

(9)

Building spacing requirements. Each planned unit development shall provide reasonable visual and acoustical privacy for dwelling units. Fences, insulation, walks, barriers and landscaping shall be used, as appropriate, for the enhancement and protection of property and the privacy of its occupants, screening of objectionable uses or views, and reduction of noise. In any event, the spacing between structures shall be at least 20 feet.

(10)

Subdivision coordination. It is the intent of this section that subdivision review under the subdivision ordinance is carried out simultaneously with the review of a planned unit development. The development plans for a planned unit development must be submitted in a form which will satisfy the requirements of the subdivision chapter for preliminary and final plats. All condominium projects developed under the provisions of this section shall comply with the requirements of the Unit Ownership Act, chapter 47A of the General Statutes of North Carolina.

(11)

Utility requirements. Storm sewers for all planned unit developments shall be approved by the director of public works and shall be designed by a registered engineer or registered surveyor. Sanitary sewer and water systems shall be approved by the director of public works and shall be designed by a registered engineer. Storm sewers, sanitary sewers and water systems shall be installed in accordance with town specifications and standards. Should private water and sewerage systems be provided, such shall meet the requirements of this chapter. Where utilities are to be dedicated to the town, as-built drawings of the facilities shall be presented to the town upon completion. Electric, cablevision and telephone wires shall be installed underground in all planned unit developments, except that the town commissioners, upon recommendation of the planning board, may waive this requirement in cases where the council shall determine that the installation of underground service will result in practical difficulty or hardship.

(12)

Approval procedures.

a.

An application for approval of a planned unit development may be filed by a person having an interest in the property to be included in the development. However the applications may be filed by holders of an equitable interest in such property. The applicant, in any case, shall evidence a full ownership interest in the land (by legal title or the execution of a binding sales agreement) before final approval of the plan, and provided further, the project shall be in single ownership by the time the development plan is approved. When the property on which a planned residential development is to be constructed or developed is owned by or under the control of a corporation, the names and addresses of all officers of the corporation shall be submitted as part of the initial application. Before submitting any planned residential development applications, each applicant shall confer with the administrative official in connection with the preparation of the application. The general outlines of the proposal evidenced schematically by sketch plans, are to be considered before submission of the planned residential development application. Thereafter, the administrative official shall furnish the applicant with their written comments regarding such conference, including appropriate recommendations to inform and assist the applicant prior to his preparing the components of the planned residential development application. Following the preapplication conference, the applicant shall be governed by the procedures contained in this article. Following approval of the planned unit development by the planning board and town commissioners, minor changes may be authorized by the administrative official without additional public hearings if required by engineering or other circumstances not foreseen at the time the plan was approved. No change authorized by this subsection may cause any of the following:

1.

A change in the use or character of the development.

2.

An increase in overall coverage of structure.

3.

An increase in the intensity of use.

4.

An increase in the problems of traffic circulation and public utilities.

5.

A reduction in approved open space.

6.

A reduction of off-street parking and loading space.

7.

A reduction in required pavement width.

8.

A change in the location of buildings as shown on the development plan.

b.

The planning board may recommend and the town commissioners may impose as a condition of approval, a time schedule within which the construction of the planned unit development shall commence. In no event, shall the time so established be greater than six months. If no development has occurred pursuant to the approved time schedule, the conditional use permit shall thereupon become void and of no effect.

c.

If the sequence of construction of various portions of the development is to occur in stages, then the open space and/or recreational facilities shall be developed, or committed thereto, in proportion to the number of dwelling units intended to be developed during any given stage of construction. Furthermore, at no time during the construction of the project shall the number of constructed dwelling units per acre of developed land exceed the overall density per acre established by the conditional use permit.

(13)

Submission requirements.

a.

Each applicant shall submit the following written documents to the administrative official and town attorney for their review and approval:

1.

A legal description of the total site proposed for development, including a statement of the present and proposed ownership and present and proposed zoning. The description shall also include a list of the names and addresses of all owners of adjacent property.

2.

A statement of planning objectives to be achieved by the planned unit development through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant.

3.

A development schedule indicating the approximate date when construction of the planned unit development or stages of the planned unit development can be expected to begin and be completed.

4.

Quantitative data for the following: total number and type of dwelling units, parcel size; proposed lot coverage of buildings and structures; approximate gross and net residential densities; total amount of open space, including a separate figure for usable open space; total amount of nonresidential construction; economic feasibility studies or market analysis where necessary.

5.

The proposed protective covenants whereby the owner proposes to regulate the land use in the proposed developments.

6.

The incorporation agreement and the bylaws or easement declarations concerning the maintenance of common open spaces and other facilities, including private streets, access drives and off-street parking areas.

b.

Each applicant shall also provide a site plan drawn at a scale of at least one inch equals 50 feet on standard sheet sizes of 8.5 inches × 11 inches, 8.5 inches × 14 inches, 11 inches × 17 inches or 18 inches × 24 inches. The applicant shall furnish an electronic or PDF copy of all site plan sheets larger than 8.5 inches × 14 inches. The site plan shall show the following information:

1.

The existing site conditions, including contours at five-foot intervals, watercourses, floodplains, unique natural features, and forest cover.

2.

Proposed lot lines and plot designs.

3.

The location and floor area size of all existing and proposed buildings, structures, and other improvements, including maximum heights, types of dwelling units, density per type, and nonresidential structures.

4.

The location and size in acres or square feet of all areas to be conveyed, dedicated, or reserved as common spaces, public parks, recreational areas, school sites, and similar public and semipublic uses.

5.

The existing and proposed circulation system of streets, including off-street parking areas, service areas, loading areas, and major points of access to public rights-of-way, including major points of ingress and egress to the development. Notations of proposed ownership, public or private, should be included where appropriate.

6.

The existing and proposed pedestrian circulation system, including its interrelationships with the vehicular circulation system indicating proposed treatments of points of conflict.

7.

The existing and proposed utility systems, including sanitary sewers, storm sewers, and water, electric, gas and telephone lines.

8.

A general landscape plan indicating the treatment of materials used for public, private and common open space.

9.

Enough information on land areas adjacent to the proposed planned unit development to indicate the relationships between the proposed adjacent areas, including land uses, zoning classifications, densities, circulation systems, public facilities, and unique natural features of the landscape.

10.

The proposed treatment of the perimeter of the planned unit development, including materials and techniques used such as screens, fences and walls.

c.

The required site plan shall be prepared by a licensed architect, landscape architect, professional land planning consultant, or registered surveyor. License or registration must be in the State of North Carolina.

d.

Each applicant shall provide building plans prepared by a North Carolina licensed architect and drawn at a scale of at least one-eighth-inch equals one foot which shall show the following:

1.

Floor plans of each proposed dwelling unit type showing the dimensions and use of each room within.

2.

Detailed elevations of each proposed dwelling unit type showing the nature and extent of building materials to be used in the construction of said units.

(Code 1977, § 9-4111.8; Ord. No. 2015-2016:003 , § 5, 7-2-2015)