Administration 15.10 Special Use Permits (Sup)
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k. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site. l. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges. E. Additional Conditions: The Board of Commissioners may place conditions on the use as part of the approval to assure that mitigation measures are associated with the use if written consent to the conditions is obtained by the applicant or the landowner. The conditions shall become part of the Special Use Permit approval and shall be included in the final site plan application. 15.10.3. Effect of Decisions A. Appeals: An appeal from the decision of the Board of Commissioners regarding a Special Use Permit application may be made by an aggrieved party and shall be made to the Superior Court of Wake County in the nature of certiorari. Any such petition shall be filed with the clerk of the superior court within 30 days after the decision of the Board is filed with the Town Clerk, or after a written copy thereof is delivered to every aggrieved party who has filed a written request for such copy with the secretary or chair of the Board at the time of its hearing of the case, whichever is later. The decision of the Board may be delivered to the aggrieved party either by personal service or by registered mail or certified mail return receipt requested. B. Permit Validity: Special Uses that have been granted approval must begin site development within 2 years following approval or the approval becomes invalid. C. Permit Extension: The Board of Commissioners may grant 1 extension of this time period of up to one year upon submittal by the applicant of sufficient justification for the extension. Sufficient justification may include, but is not limited to, delays in other outside agency permits, financing institution delays, or other similar reasons beyond the control of the applicant. D. Substantial Changes: Any substantial change to a Special Use Permit as noted below shall be reviewed by the Board of Commissioners and approved or denied by the Board of Commissioners as an amended Special Use Permit. The following changes to a Special Use Permit shall require approval by the Board of Commissioners: 1. Modification of special performance criteria, design standards, or other requirements specified by the Special Use Permit. 2. A change in land use or development type beyond that permitted by the approved Special Use Permit. 3. When there is introduction of a new vehicular access point to an existing street, road or thoroughfare not previously designated for access. 4. When there is an increase in the total number of residential dwelling units originally authorized by the approved Special Use Permit. 5. When the total floor area of a commercial or industrial classification is increased more than 10% beyond the total floor area last approved by Board of Commissioners. Changes of less than 10% may be approved by the Administrator. 6. Any change which alters the basic development concept of the Special Use Permit.
Town of Wake Forest Unified Development Ordinance – July 19, 2022
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