§ 40-327. Action by town council.

(a)

Notice and public hearing. No C.U.P. shall be issued by the town council until after public notice and hearing, at which parties in interest and citizens shall have an opportunity to be heard. Notice of public hearing shall be published in accordance with G.S. 160A-364, that is, notice of the public hearing shall be given once a week for two successive weeks in a newspaper of general circulation in the town prior to the date set for the public hearing. The first publication of such notice shall be made no less than ten days nor more than 25 days prior to said hearing. In computing such period, the day of publication is not to be included but the day of the hearing shall be included. The zoning administrator shall be required to post a sign on-site describing the project at least 15 days prior to the council meeting date. Said sign shall be posted in such a manner as to be visible from the dominant public right-of-way adjacent to, or in the vicinity of, the associated property. First class mailed notice(s) of the project shall be deposited in the mail by town staff to property owners whose property abuts the subject project site not less than ten days before the meeting date but not more than 25 days prior to the council meeting date.

(b)

Public hearing. The applicant shall present the request in the following manner:

(1)

All persons shall be sworn before presenting evidence to the town council, unless waived by the petitioner;

(2)

All persons shall offer only competent material and substantial evidence in any presentation to the council. Competency shall be determined by the council in its decision;

(3)

All persons participating in the hearing or their representatives shall have an opportunity to cross examine adverse witnesses and to inspect any evidence presented;

(4)

The applicant shall be allowed the opportunity to offer competent evidence in explanation or rebuttal to objecting participants;

(5)

Following the presentation of all evidence both for and against the application for conditional use permit, the hearing may be continued until the next regularly scheduled meeting of the town council or as soon thereafter as possible, at which time the town council will render its decision on the application and will state its reasons, orally or in writing, for approving or disapproving the application.

(c)

Specific standards. No conditional use shall be granted by town council unless the following provisions and arrangements, where applicable, have been made to the satisfaction of the council:

(1)

Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;

(2)

Off-street parking and loading areas where required, with particular attention to the items in subsection (c)(1) of this section and the economic, noise, glare, or odor effects of the conditional use on adjoining properties and properties generally in the district;

(3)

Refuse and service area, with particular reference to the subsections (c)(1) and (2) of this section;

(4)

Utilities, with reference to locations, availability, and compatibility;

(5)

Screening and buffering with reference to type, dimensions, and character;

(6)

Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district;

(7)

Required yards and other open space and preservation of existing trees and other attractive natural features of the land.

(d)

General conditions. The town council, in granting the permit, must also find that all four of the following conditions exist:

(1)

That the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved by the issuance of the C.U.P.;

(2)

That the use meets all required conditions and specifications;

(3)

That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and

(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 town land use plan and policies.

A finding of the town council that the four required conditions exist, or a finding that one or more of the four required conditions do not exist, shall be based on sufficient and competent evidence presented to the town council at the hearing at which the conditional use permit is requested.

(e)

Issuance, denial of permit. When issuing or denying conditional use permits, the town council shall follow the procedures for boards of adjustment except that no vote greater than a majority vote shall be required for the town council to issue such permits, and every such decision of the town council shall be subject to review by the superior court by proceedings in the nature of a certiorari.

(f)

Issuance, non-exemption from normal site plan review. Issuance of a conditional use permit based upon a schematic site plan does not exempt the applicant from normal site plan review requirements as may be applicable under article XIII of this chapter.

(Code 1986, app. A, § 14.8; Ord. No. 00-463, 10-10-2000; Ord. No. 06-652, 8-8-2006)