Special Use Permit ApplicationPage 1 of 8
Special Use Permit Application – Updated 7/2017
NEW HANOVER COUNTY___________________
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 110
Wilmington, North Carolina
Telephone (910) 798-7165
FAX (910) 798-7053
planningdevelopment.nhcgov.com
SPECIAL USE PERMIT
Application
REVIEW PROCESS
Step 1: Pre-Application Conference (Optional)
In order to assist applicants through the process of obtaining a Special Use Permit, applicants are highly
encouraged to contact staff to schedule a pre-application conference prior to application submittal. Applicants
are requested to review the sections of the Zoning Ordinance specific to Special Use Permits prior to submission,
and advised to contact Planning Staff with any questions. The following sections of the Zoning Ordinance
pertain specifically to Special Use Permits:
Section 70: General Information, Applications, Process, Public Notice, Public Hearings, Review and
Decision, and Conclusions Required for Approval
Section 71: Validity, Extensions, and Changes for Approved Special Use Permits; Resubmittals of Denied
Applications
Section 72: Additional Restrictions Imposed on Certain Special Uses
Section 111: Petition
Section 112: Approval Process
Step 2: Application Submittal
Applications must be received by the Department of Planning & Land Use by 5:00 PM on the application
deadline date. A complete application consists of the items detailed in the submittal checklist provided in this
application. Staff will confirm if an application is complete within five business days of submittal. A schedule
of application deadlines is available at planningdevelopment.nhcgov.com or in the Department of Planning
and Land Use office.
Step 3: Staff Review and Recommendation
Upon receiving a completed application, staff may distribute it to certain departments and agencies for
review. Staff will review the application and prepare a staff report.
Step 4: Planning Board Review and Recommendation
The New Hanover County Planning Board will consider the application at a public hearing. The Department
of Planning & Land Use will notify the public of this hearing in accordance with standards of the Zoning
Ordinance. This includes sending mailed notice to nearby residents, posting a sign on the subject property,
and advertising the hearing in a local newspaper.
Public hearings for Special Use Permit applications are conducted in a quasi-judicial manner and include
additional standards for the testimony and evidence presented during the hearing. The property owner, or
their attorney, must be present for the meeting. The public hearing will allow staff, the applicant, proponents
and opponents to testify in regards to the request. The Planning Board will make a recommendation to the
County Commissioners, and may propose additional conditions and requirements beyond those listed in the
petition/application.
Applications for single-family dwellings, including mobile homes, on individual lots are not considered by the
Planning Board.
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Special Use Permit Application – Updated 7/2017
Step 5: Board of Commissioners Review and Action
The New Hanover County Board of Commissioners will consider the application at a public hearing. The
Department of Planning & Land Use will notify the public of this hearing in accordance with standards of the
Zoning Ordinance. This includes sending mailed notice to nearby residents, posting a sign on the subject
property, and advertising the hearing in a local newspaper.
Public hearings for Special Use Permit applications are conducted in a quasi-judicial manner and include
additional standards for the testimony and evidence presented during the hearing. The property owner, or
their attorney, must be present for the meeting.
A Special Use Permit shall be approved if the applicant provides substantial evidence that the proposed use
will meet the following findings:
1. The use will not materially endanger the public health or safety if located where proposed and approved;
2. The use meets all required conditions and specifications of the Zoning Ordinance;
3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public
necessity; and
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 County’s adopted
plans for growth and development.
The Commissioners may propose additional conditions or requirements beyond those contained in the
petition/application.
The applicant should keep this section of the application for reference. It is not required to be included in the
completed application that is submitted to the County.
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Special Use Permit Application – Updated 7/2017
NEW HANOVER COUNTY _________________
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 110
Wilmington, North Carolina
Telephone (910) 798-7165
FAX (910) 798-7053
planningdevelopment.nhcgov.com
SPECIAL USE PERMIT
Application
Applicant/Agent Information Property Owner(s)
If different than Applicant/Agent
Name
Owner Name
Company
Owner Name 2
Address
Address
City, State, Zip
City, State, Zip
Phone
Phone
Email
Email
Subject Property Information
Address/Location
Parcel Identification Number(s)
Total Parcel(s) Acreage
Existing Zoning and Use(s)
Future Land Use Classification
Application Tracking Information (Staff Only)
Case Number
Date/Time received: Received by:
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Special Use Permit Application – Updated 7/2017
Proposed Use(s) & Written Description
Please list the proposed use or uses of the subject property, and provide the purpose of the Special Use Permit
and a description of the project (please provide additional pages if needed).
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Traffic Impact Worksheet
Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version
of the Institute of Transportation Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be
completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be
included with this application.
ITE Land Use: ______________________________________________________________________________
Trip Generation Variable (gross floor area, dwelling units, etc.): _______________________________________
AM Peak Hour Trips: ___________________________ PM Peak Hour Trips: __________________________
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Special Use Permit Application – Updated 7/2017
CRITERIA REQUIRED FOR APPROVAL OF A SPECIAL USE PERMIT
For each of the four required conclusions listed below, include or attach a statement that explains how any existing
conditions, proposed development features, or other relevant facts would allow the Board of County 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 simply those suggested to help the applicant
understand what may be considered in determining whether a required conclusion can be met. You should address
any additional considerations potentially raised by the proposed use or development.
1. The use will not materially endanger the public health or safety if located where proposed and approved.
Considerations:
Traffic conditions in the vicinity, including the effect of additional traffic on streets and street intersections,
and sight lines at street intersections with curb cuts
Provision of services and utilities, including sewer, water, electrical, garbage collections, fire protection
Soil erosion and sedimentation
Protection of public, community, or private water supplies, including possible adverse effects on surface
waters or groundwater
Anticipated air discharges, including possible adverse effects on air quality
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2. The use meets all required conditions and specifications of the Zoning Ordinance.
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Special Use Permit Application – Updated 7/2017
CRITERIA REQUIRED FOR APPROVAL OF A SPECIAL USE PERMIT
(continued)
3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public
necessity.
Considerations:
The relationship of the proposed use and the character of development to surrounding uses and
development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers,
hours of operation, etc)
Whether the proposed development is so necessary to the public health, safety, and general welfare of
the community or County as a whole as to justify it regardless of its impact on the value of adjoining
property
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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:
The relationship of the proposed use and the character of development to surrounding uses and
development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers,
hours of operation, etc)
Consistency with the Comprehensive Plan’s goals, objectives for the various planning areas, its definitions
of the various land use classifications and activity centers, and its locational standards
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Special Use Permit Application – Updated 7/2017
APPLICATION REQUIREMENTS
Staff will use the following checklist to determine the completeness of your application. Please verify all of the
listed items are included and confirm by initialing under “Applicant Initial”. If an item is not applicable, mark as
“N/A”. Staff will confirm if an application is complete within five business days of submittal. Applications must
be complete in order to process for further review.
Required Information
Applicant
Initial or
N/A
Staff
Initial or
N/A
1 Complete Special Use Permit application.
2 Application fee – ($500; $250 if application pertains to a residential use (i.e.
mobile home, duplex, family child care home).
3 Traffic Impact Analysis (for uses that generate more than 100 peak hour trips).
4 Site Plan including the following elements:
Tract boundaries and total area, location of adjoining parcels and roads.
Proposed use of land, structures and other improvements. For residential uses, this shall
include number, height and type of units and area to be occupied by each structure
and/or subdivided boundaries. For non-residential structures, this shall include
approximate square footage and height of each structure, an outline of the area it will
occupy and the specific purpose for which it will be used.
Development schedule including proposed phasing.
Traffic and Parking Plan to include a statement of impact concerning local traffic near
the tract, proposed right-of-way dedication, plans for access to and from the tract,
location, width and right-of-way for internal streets and location, arrangement and
access provision for parking areas.
All existing and proposed easements, reservations, required setbacks, rights-of-way,
buffering and signage.
The one hundred (100) year floodplain line, if applicable.
Location and sizing of trees required to be protected under Section 62 of the Zoning
Ordinance.
The approximate location of US Army Corps of Engineers Clean Water Act Section 404
and Rivers and Harbors Act Section 10 Wetlands, and wetlands under jurisdiction of the
NC Department of Environmental Quality.
Any additional conditions and requirements, which represent greater restrictions on
development and use of the tract than the corresponding General Use District regulations
or other limitations on land which may be regulated by Federal or State law or Local
Ordinance.
Any other information that will facilitate review of the proposed change (Ref. Article VII,
as applicable).
5 1 hard copy of ALL documents AND 8 hard copies of the site plan. Additional hard
copies may be required by staff depending on the size of the document/site plan.
6 1 PDF digital copy of ALL documents AND plans.
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Special Use Permit Application – Updated 7/2017
ACKNOWLEDGEMENT AND SIGNATURES
By my signature below, I understand and accept all of the conditions, limitations and obligations of the Special Use
Permit for which I am applying. I understand that the existing official zoning map is presumed to be correct. I
understand that I have the burden of proving that the proposal meets the four required conclusions. I certify that
this application is complete and that all information presented in this application is accurate to the best of my
knowledge, information, and belief.
Authority for Appointment of Agent Form
If applicable, I also appoint the applicant/agent as 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 commitments; and
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.
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Signature of Property Owner(s) Print Name(s)
__________________________________________ _______________________________________
Signature of Applicant/Agent Print Name
NOTE: Form must be signed by the owner(s) of record. If there are multiple property owners a signature is required for each
owner of record.
*The land owner or their attorney must be present for the application at the public hearings.
If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before
notice has been sent to the newspaper (approximately 2-3 weeks before the hearing), the item will be calendared
for the next meeting and no fee will be required. If delay is requested 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 adopted fee schedule as published on the New Hanover
County Planning website will be required.
For Staff Only
Application Received: Completeness Determination
Required By (date):
Determination Performed
on (date): Planning Board Meeting: