Special Use Permit

Step 1.Pre-Application

A pre-application meeting is required prior to submission of a special permit application. The purpose of the pre-application meeting is to provide an overview of the process and general guidance on the request. Pre-application meetings may be scheduled by emailing the Zoning team or calling 910.254.0900.

Neighborhood Meeting

Neighborhood meetings are required prior to submission of a special use permit application. Applicants must provide notice of the neighborhood meeting at least 10 days, but not more than 25 days, in advance of the meeting through mailed notice to property owners within 300 feet and a sign(s) posted on the property visible to an abutting street(s). Notice of the meeting must also be provided to planning staff.

City Council Public Hearing

As special use permit decisions are quasi-judicial in nature, the City Council holds evidentiary hearings on special use permit requests. Evidentiary hearings differ from other public hearings in the following ways:

• Ex parte communications between an applicant or an affected party and members of the City Council are prohibited. If such communications occur, they must be disclosed at the beginning of the hearing.
• Council members cannot participate in the hearing or vote on the application in a manner that would violate affected persons' constitutional rights to an impartial decision maker.
• All persons presenting evidence must do so under oath.
• All persons shall offer only competent, material and substantial evidence in their presentation. Competence shall be determined by the Council in its decision.
• All persons with standing (as determined by the Council) shall have the opportunity to cross-examine witnesses and inspect any evidence presented.
• All parties or persons with standing shall have the opportunity to offer competent evidence in explanation or rebuttal to objecting participants.

Step 2.Findings of Fact

To grant a special use permit, the City Council must make the following four findings based on the evidence presented at the hearing:

1. That the use would not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved by the issuance of the special use permit;
2. That the use meets all required conditions and specifications;
3. That the use would not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and
4. That the location and character of the use, if developed according to the plan as submitted and approved, would be in harmony with the area in which it is to be located and in general conformity with adopted comprehensive plans, the CAMA plan, and adopted special area plans.

Step 3.Decision

A majority vote in support is needed to grant a special use permit.

Step 1.Applications Accepted Monthly

• A complete application must be received by the date listed on the annual calendar of Special Use Permit Meeting Deadlines(PDF, 112KB)
• For special use permit applications associated with a rezoning request, the City Council public hearing on the rezoning will be scheduled for the same meeting as the special use permit hearing.

Step 2.Electronic Submissions

All applications must be submitted electronically by emailing the Zoning team. 

Step 3.Application Components

All application components (e.g. application, information required for each alteration type , etc.) must be submitted individually and named accordingly.

Step 4.Large Files

Please contact the Zoning team to make arrangements for files that exceed email limits.

Step 5.Professional Seals

Professional seals (engineers, land surveyors, architects, etc) on digital plans must be redacted from digital copies submitted to the city for review. Please be sure to mark, strike through, or otherwise conceal any professional seal located on your digital (re)submittals (e.g., PDF).