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(A) Purpose
and Applicability
Special uses are generally compatible with other land uses permitted in a zoning district yet, because of their unique characteristics or potential impacts on the surrounding neighborhood and the Town as a whole, require individual consideration of their location, design, configuration, and/or operation at the particular location proposed. Such individual consideration may require the imposition of individualized conditions in order to ensure that the use is appropriate at a particular location. Any use designated in Chapter 5 of this Ordinance as a “special use” shall not be established without the approval of the Town Council in accordance with the procedures and requirements set forth in this section.
(B) Relationship to Site Plan Requirements
(1) Coordination with Review of Site Plans
If a site plan is necessary for the proposed special use pursuant to Section 3.9, then the review and approval of both the site plan and the special use shall be coordinated. The two applications shall be filed together and review of each application shall proceed simultaneously. However, the Town Council shall render separate decisions on each application, recognizing that the applications are distinct and subject to different standards for approval.
(2) Lapse and Expiration of Special Use Approval
Approvals of special uses shall be automatically conditioned on the subsequent approval of a site plan required under Section 3.9. Accordingly, the approval of any special use shall lapse, and become null and void, upon the expiration of the approved site plan (see Section 3.9), unless otherwise restricted by the Town. If a special use does not require a site plan, or is not tied to a site plan, then the special use does not lapse unless it is subject to a specified time limit as a condition of approval.
(C) Special Uses in Nonconforming Structures or Lots
If a proposed special use involves one or more structures or lots that do not conform to the regulations of the district in which the special use is to be located, then, unless the applicant has previously obtained the necessary variances from the Zoning Board of Adjustment, the application for special use approval shall be accompanied by an application for alteration of a nonconforming structure or lot (See Chapter 10). This application shall be processed concurrently with the special use application by the Town Council and in accordance with Chapter 10 of this Ordinance. However, approval of the alteration of a nonconforming structure and/or lot request shall be a prerequisite to approval of the special use. The notices required for the variance application shall be combined with the notices required for the special use application.
Cary, NC Land Development Ordinance On-line VIC Version - This site last updated 3/4/2008
Note: This is not the official version of the Cary Land Development Ordinance