§ 16-510. Procedures for reviewing applications.

The conditional uses, as specified in the various districts, may be established only after review by the planning board and approval by the board of commissioners.

(1)

Planning board action.

a.

Within 90 days of the transmittal of a properly completed application to the planning board at an official meeting, it shall transmit to the town board a recommendation for the disapproval, approval or approval with conditions of the application.

b.

Prior to making its recommendation, the planning board may consult with officials of the town, the county, the state and the United States, citizens, the applicant or its agents, and others who may possess knowledge, experience or information to aid in its deliberations.

c.

If a public meeting is to be held, public notice of the meeting shall be given once a week for two consecutive weeks in a newspaper having general circulation in the county. The notice shall be first published not less than 15 days nor more than 25 days before the date fixed for the public meeting.

(2)

Board of commissioners action.

a.

The town board, after receipt of the planning board recommendation or upon expiration of the 90-day period as specified above, whichever first occurs, shall cause a date for public hearing on the application to be set.

b.

Notice of the public hearing shall be given once a week for two consecutive calendar weeks in a newspaper having general circulation in the county. The notice shall be first published not less than 15 days nor more than 25 days before the date fixed for the public hearing.

c.

The public hearing shall be conducted as a quasi-judicial hearing in accord with procedures adopted by the board of commissioners and applicable state statute. Pursuant to G.S. 160A-388(e1), a member shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decisionmaker. Impermissible conflicts include but are not limited to a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter. If an objection is raised to a member's participation, and that member does not recuse himself, the remaining members shall by majority vote rule on the objection.

d.

After the completion of the public hearing, the town board shall take action upon the application for approval of a conditional use. In reaching a decision, the board shall consider the recommendation of the planning board, the evidence presented at the public hearing, and the specified requirements attached to each conditional use.

e.

The town clerk, subsequent to the town board's action on the application, shall notify the applicant by first class mail of that action. Notice shall also be given to the zoning administrator/building inspector who shall, in the case of approval or approval with attached conditions, issue the necessary permits in accordance with the board's action.

f.

The town board shall approve, modify, or deny the application for a conditional use permit. In approving a conditional use permit the town board, with due regard to the nature and state of all adjacent structures and uses in the district within same is located, shall make written findings that the following are fulfilled:

1.

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

2.

The requested use will not impair the integrity or character of the surrounding or adjoining districts, nor adversely affect the safety, health, morals or welfare of the community or of the immediate neighbors of the property;

3.

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

4.

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

5.

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

6.

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

7.

The conditional use shall, in all other respects, conform to the applicable regulations of the zoning district in which it is located.

(Ord. No. 95-008, § 12.3, 12-13-1995; Ord. No. 2012-002, § 5(12.3(2)), 3-14-2012)