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(A) Pre-Application Conference
Before
filing the application, an applicant for a special
use shall request a pre-application conference with the Planning
Department (see Section
3.1.5).
(B) Filing of Application and Content Requirements
(1) An application for approval of a special use may be filed only by the owner of the lot on which the use is to be located, an agent, lessee, or contract purchaser specifically authorized by the owner to file such application, or any unit of government that is not the owner of the lot but proposes to acquire the lot by purchase, gift, or condemnation.
(2) An application for approval of a special use shall be filed with the Planning Department.
(3) After determining that the application is complete, the Planning Department shall transmit all applications, plans, and other records pertaining to the proposed special use to the Town Council. If a site plan is required under Section 3.9, the Planning Department shall complete review of the site plan in accordance with the requirements of Section 3.9, and transmit other records pertaining to the proposed special use to the Town Council.
(C) Notice and Conduct of Public Hearings
Notice and conduct of quasi-judicial public hearings required under this section shall be provided pursuant to the general provisions of Sections 3.1.6 and 3.1.7.
(D) Planning Director Review and Report
The Planning Director shall review the proposed special use based on the approval criteria of Section 3.8.3 and distribute the application to the Development Review Committee and, as deemed necessary, to other reviewers. Based on the results of those reviews, the Director shall provide a report to the Town Council at a public hearing on the special use. This report shall include a discussion of all plans and policies that have been adopted by the Town that are relevant to the proposed application and shall include the Development Review Committee’s recommendation regarding whether to approve or deny the special use.
(E) Town Council Review and Decision
(1) The Town Council shall hold at least one public hearing on the proposed special use and, based on the staff report and recommendation and the approval criteria of Section 3.8.3, approve, approve with modifications, or deny the proposed special use.
(2) If the special use also requires a site plan, then the Town Council shall also review the site plan in accordance with Section 3.9. Final action to approve the site plan shall not occur until after approval of the special use.
(3) Any Town Council approval or denial of a special use permit application shall not be considered final until a written resolution or decision that includes findings is signed by the Mayor, or his designee, on behalf of the Town Council and filed with the Clerk. The date of the signed resolution or decision shall be considered the date of final action.
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