Town of Cary, North Carolina - Land Development Ordinance Intro   
3.8.3  Approval Criteria Previous   
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3.8  Special Uses Up   

3.8.4  Effect of Approval or Denial

(A)     Conditions

In approving a special use, the Town Council may attach such conditions as it deems necessary to have the proposed use meet the standards set forth in this Ordinance and to protect the public health, safety, general welfare. All such conditions shall be stated in the resolution approving the application.

(B)     Subsequent Permits and Approvals

Approval of an application to establish a special use authorizes the applicant to obtain building permits, certificates of occupancy, site plan approval, and other permits or approvals that the Town may require for the proposed development.  If the special use included a site plan that must be approved by Council, then approval of the special use is contingent on approval of the site plan.  The Planning Department shall review applications for these permits for compliance with the terms of the special use approval.  A permit, certificate, or other approval shall be issued or valid only for work that complies with the terms of the special use approval.

(C)     Transferability of Approval

A special use approval is not transferable from one property to another, but may be transferred to a successor-in-interest to the property.

(D)     Resubmission of Denied Applications

No application for approval of a special use shall be filed with or accepted by the Planning Department that is identical or substantially similar to an application that has been denied by the Town Council within the previous year.  This waiting period requirement may be waived in an individual case, for good cause shown, by the affirmative vote of three-fourths of the members of the Town Council.

(E)      Recording of Approved Special Uses

Upon expiration of the appeal period, a copy of the signed resolution approving a special use should be recorded with the Wake County (or Chatham County if the subject property is located within that jurisdiction) Register of Deeds.

 

 

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