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HomeMy WebLinkAboutSpecial Use Permit Application - 10-2025Page 1 of 10 Special Use Permit Application – Updated 10-2025 NEW HANOVER COUNTY_____________________ DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (910) 798-7053 PlanNHC.com SPECIAL USE PERMIT APPLICATION This application form must be completed as part of a special use permit application submitted through the county’s online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards applied in reviewing the application for completeness are found in Section 10.3.5 of the Unified Development Ordinance. Public Hearing Procedures (Optional) Pre- Application Meeting 1* Community Information Meeting 2 Application Submittal & Acceptance 3 Planning Director Review & Staff Report (TRC Optional) 4 Public Hearing Scheduling & Notification 5 Planning Board Hearing & Recom - mendation 6 Board of Commissioners Hearing & Decision 7 Post-Decision Limitations and Actions *If the proposed use is classified as Intensive Industry, the applicant is required to conduct a community information meeting in accordance with Section 10.2.3, Community Information Meeting. 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Company Company/Owner Name 2 Address Address City, State, Zip City, State, Zip Phone Phone Email Email Page 2 of 10 Special Use Permit Application – Updated 10-2025 2. Subject Property Information Address/Location Parcel Identification Number(s) Total Parcel(s) Acreage Existing Zoning and Land Use(s) Future Land Use Classification 3. Proposed Zoning, Use(s) & Narrative Proposed Use as listed in Table 4.2.1 of the UDO: Please provide a statement about the purpose of the special use permit and a project narrative (attach additional pages if necessary). Page 3 of 10 Special Use Permit Application – Updated 10-2025 4. Proposed Condition(s) Note: Additional conditions and requirements can be applied to special use permits which represent greater restrictions on the development and use of the property than the corresponding general use district regulations . These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed t o be included below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based on the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. Developments that generate 100 or more trips in the AM or PM peak hour must include a complete TIA with the application materials. The TIA must be approved by NCDOT and the WMPO before the item can be considered by the Board of Commissioners. Recommendation: Before applying contact the WMPO to confirm the most appropriate ITE code and traffic generation rate is being applied. If the information has been verified, please attach a copy of the verification with the application. Unverified information submitted with the application may result in the application being ineligible to move forward to a Planning Board agenda. ITE Land Use (Code): Trip Generation Variable (gross floor area, dwelling units, etc.): AM Peak Hour Trips: PM Peak Hour Trips: Page 4 of 10 Special Use Permit Application – Updated 10-2025 6. Criteria Required for Approval of a Special Use Permit A use designated as a special use in a par ticular zoning district is a use that may be appropriate in the district, but because of its nature, extent, and external impacts, requires special consideration of its location, design, and methods of operation before it can be deemed appropriate in the district and compatible with its surroundings. The purpose is to establish a uniform mechanism for the review of special uses to make sure they are appropriate for the location and zoning district where they are proposed. For each of the four required conclusions below, include or attach a statement that explains how any existing conditions, proposed development features, or other relevant facts would allow the Board of Commissioners to reach the required conclusion, and attach any additional documents or materials that provide supporting factual evidence. The considerations listed under each required conclusion are only suggested and are intended to help applicants understand what the board might consider in determining whether a required conclusion can be met. Any additional considerations potentially raised by the proposed use or development should be addressed. The application must include an explanation of how the proposed special use permit meets the following criteria. (include references and attachments to plans where applicable). 1. The use will not materially endanger the public health or safety if located where proposed and approved. Considerations include: • Traffic conditions in the area, including the effect of additional traffic on roads, road capacity, intersections, and sight lines at intersections. • Impacts on environmental features such as conservation resources or wetlands. • Protection of public, community, or private water supplies, including possible impacts on surface water or groundwater. • Soil erosion and sedimentation. • Potential impacts to air quality. Page 5 of 10 Special Use Permit Application – Updated 10-2025 2. The use meets all required conditions and specifications of the Unified Development Ordinance (UDO). 3. The use will not substantially injure the value of adjoining or abu tting property, or that the use is a public necessity. Considerations include: • The relationship of the proposed use and character of the development to surrounding uses and development. Including possible conflicts between them and how those conflicts will be resolved through improved design, increased buffers and / or setbacks, or other site specific features provided in the development. • Whether the proposed development is a necessity to public health, safety, and general welfare of the community or county as a whole to justify the use regardless of the impact on the value of adjoining property. Page 6 of 10 Special Use Permit Application – Updated 10-2025 4. 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 New Hanover County Comprehensive Land Use Plan. Considerations include: • The relationship of the proposed use and character of the development to surrounding uses and development. Including possible conflicts between them and how those conflicts will be resolved through improved design, increased buffers and / or setbacks, or other site specific features provided in the development. • Consistency with the Comprehensive Plan’s goals, objectives, place types, and locational standards. Page 7 of 10 Special Use Permit Application – Updated 10-2025 7. Application Requirements Staff use the following checklist to determine if the application is complete. Please verify all the listed items are included and confirm by initialing under “Applicant Initial”. If an item is not applicable, mark as “N/A”. Applications determined to be incomplete must be corrected to be processed for further review. Staff will confirm if an application is complete within five business days of submittal. Applicants are encouraged to arrange an informal pre-application meeting with Planning staff at least two weeks before applying. Pre-application meetings help improve the chances of submitting a complete application. Application Checklist And Acknowledgement Applicant Initial  This application form, completed and signed (all property owners must sign signatory page) _____  Copy of most recent annual filing identifying the owners / officers / managers from the Secretary of State’s Business Registry for any LLCs or other companies listed on the application. _____  Application fee: • $500 • $250 for mobile homes, duplexes, and Family Child Care Homes _____  Community Information Meeting Report for Intensive Industries only (complete and signed by authorized agent or all property owners) _____  Traffic Impact Analysis if applicable (use of attached report document is recommended) • The official TIA approval letter is recommended before this item is placed on a Planning Board agenda. The Planning Boad may choose to continue the hearing until the official TIA approval letter is provided. • The official TIA approval letter is required before this item is placed on a Board of Commissioners agenda. ______  Legal description (by metes and bounds) or a recorded survey with Map Book and Page reference of the property or area requested for rezoning. ______  Conceptual Plan including the following minimum information. Not if information beyond the minimum requirements is shown on the concept plan they may be considered conditions of approval and may not be eligible for approval as a minor deviation. • Tract boundaries and total acreage • Location of adjoining parcels and roads • Proposed land use, building areas and other improvements o Residential uses: include the maximum density, unit count, height, and type of housing, maximum area occupied by structures, and proposed subdivision boundaries. ______ Page 8 of 10 Special Use Permit Application – Updated 10-2025 o Non-Residential uses: include the maximum square footage and height of each structure, an outline of the area structures will occupy, the specific purpose / land use and how each structure will be used. • Proposed transportation and parking improvements; including proposed rights-of-way and roadways, proposed access to and from the site, and arrangement and access to parking areas. • All existing and proposed easements, required setbacks, rights -of- way, and buffers. • The location of Special Flood Hazard Areas. • For sites less than 5 acres in size a tree survey is required identifying the exact location, species and size of all specimen trees on site. For sites more than 5 acres a narrative is required describing the existing vegetation on site including the approximate location, species, and size (DBH) of regulated trees. • Approximate location and type of stormwater management facilities intended to serve the site. • Approximate location of regulated wetlands. • Location of any existing wells or septic systems on site. • Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by federal or state law, or local ordinance. • Any other information that will facilitate review of the proposed special use permit (see Section 10.3.5 of the UDO as applicable)  Documentation on soil types and infiltration rates if underground stormwater facilities are proposed. _____  Wireless support structures or substantial modifications must also provide the items listed on the attached checklist. _____  One (1) digital PDF copy of ALL documents AND plans _____ Page 9 of 10 Special Use Permit Application – Updated 10-2025 8. Acknowledgement and Signatures Note: This form must be signed by the owner(s) of record. A signature is required for each owner of record if there are multiple owners. By signing below, I understand and accept the following: • All the conditions, limitations, and obligations of the conditional rezoning process for which I am applying. • That the existing Official Zoning Map is presumed to be correct. • I understand that the applicant has the burden of proving the proposal meets the four required conclusions. • I certify that this application is complete, and all information presented in this application is accurate to the best of my knowledge, information and belief. • I am legally able to make decisions regarding the subject property and apply for this application to make changes to the subject property. • If applicable, I also appoint the applicant / agent listed on this application to represent me and make decisions on my behalf regarding this application during the review process. • The applicant / agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and comments; 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application; and 4. Provide written consent to any and all conditions of approval. • An authorized agent or the property owner will attend each public hearing scheduled for the application to represent the request and answer questions if called upon. • If changes are made to the proposal after the application completeness determination that require additional staff review and vetting, the changes will be ineligible to move forward to the intended Planning Board agenda. No changes will be accepted by staff after the applications are posted at the time of public notice. • If a request is made to delay consideration by the Planning Board or Board of Commissioners before public notice has been sent out in the mail or to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is re quested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the county’s adopted fee schedule will be required. _____________________________________________________ _________________ ___________ Signature of Property Owner / Authorized Agent Print Name Date _____________________________________________________ _________________ ___________ Signature of Property Owner / Authorized Agent Print Name Date Page 10 of 10 Special Use Permit Application – Updated 10-2025 Telecommunications Requirements Checklist Requirements for Wireless Support Structures & Substantial Modifications Applicant Initial  Affidavit certifying the construction and placement of wireless facilities meets the provisions of the Federal Communications Act, 47 U.S.C 332, as amended, Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. 1455(a), in accordance with the rules promulgated by the Federal Communications Commission (FCC), and all other applicable federal, state, and local laws. _____  Simulated photographic evidence of the proposed appearance of the wireless support structure and wireless facilities from at least four (4) vantage points and a statement as to the potential visual and aesthetic impacts on all adjacent residential zoning districts. _____  Determination of No Hazard to Air Navigation, or other applicable determination by the Federal Aviation Administration (FAA) upon review of FAA form 7460. _____  For New Wireless Support Structures: Information or materials providing evidence that collocating new antennae and equipment on an existing wireless support structure or structures within the applicant’s search ring is not reasonably feasible if the collocation is technically or commercially impractical or the owner of the existing wireless support structure is unwilling to enter into a contract for such use at fair market value. _____