Carolina General Statutes §160D-108 and 108.1.
H. Repeal . In the event that North Carolina General Statutes § 160D-108.1 is repealed, this subsection shall be deemed repealed and the provisions thereof no longer in effect. I. Permit Choice . In the event a development regulation changes after an application is submitted, the applicant shall have permit choice. Should the applicant delay the application 6 months or more from the date of submittal, the applicant forfeits their right to permit choice, and shall be required to comply with the newest set of development regulations. Permit choice is extended to other permits needed to complete the initial approved project permit for up to 18 months after its approval, per N.C. Gen. Stat. §143-755 & §160D-108 (e).
bb. Special Use Permit
Special uses are those uses listed in a zoning district that are potentially incompatible with other uses permitted by right in the same zoning district and therefore require a special use permit. Because of the nature, extent, and external effects, the Board of Adjustment shall review all special use permits and may consider appropriate conditions for compatibility with existing or proposed uses permitted by right. A property owner/developer shall submit a special use permit application based on the following procedures:
(1) Application . The procedure for a special use permit applies to specific uses designated within a zoning district in accordance with the Land Development Ordinance.
(2) Authority . The Board of Adjustment shall have the authority to consider a special use permit in accordance with the procedures and administration of the Land Development Ordinance, specifically Article P Administrative Powers & Duties, §9-1753 Board of Adjustment.
(3) Procedure . The following steps shall be followed to make application for a special use permit:
A. Pre-Submittal Meeting . The applicant shall request a pre-submittal meeting with the Planning Department to discuss the application and procedures for a special use permit.
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