SPECIAL USE APPLICATION

 

An application must be filed with the Planning Department by the filing deadline for each month (consult the Town Council schedule) and will appear on the next month’s agenda. The Cary Town Council will hear this request.

The questions included in the Statement of Justification below are to be answered in full by the applicant in order for the application to be deemed complete.

 

A filing fee of $150 shall be paid to the Town of Cary upon submittal of this application. Along with the application, the applicant is to submit a Sketch Plan showing the following:

q       Lot lines with measured distances

q       Location and outline of existing structure(s), if applicable

This plan should be in a reproducible size of 11” x 17” or smaller.

 

The applicant may submit any other documentation or exhibits (such as a subdivision plat, survey map, etc.) which the applicant feels the Council will need in order to render a decision based on all necessary and pertinent information.

 

When deciding applications for Special Uses, Council must follow quasi-judicial procedures.  This means that, among other things, the Council must conduct a hearing to gather evidence in order to establish sufficient facts to apply the ordinance.  The applicant must appear at the hearing to give evidence.  

STATEMENT OF JUSTIFICATION

Section 3.8 of the Land Development Ordinance requires that the Town Council make the following findings based on the evidence and testimony received at the Public Hearing or otherwise appearing in the record of the case: 

 

1.      That the proposed use or development will not materially endanger the public health or safety;

2.      That the proposed use is reasonably necessary for the public health or general welfare, such as enhancing the successful operation of the surrounding area in its basic community functions or by providing an essential service to the community or region;

3.      That the proposed use or development of the land will not substantially injure the value of adjoining or abutting property;

4.      That the proposed use or development of the land will be in harmony with the scale, bulk, coverage, density, and character of the area or neighborhood in which it is located;

5.      That the proposed use of development of the land will generally conform with the Comprehensive Plan and other official plans adopted by the Town of Cary;

6.      That the proposed use is appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal, and similar facilities;

7.      That the proposed use will not cause undue traffic congestion or create a traffic hazard.

 

On a separate sheet, please provide a Statement of Justification, which will show that your proposal will meet these requirements.  Also, please provide any other information you feel will be necessary or helpful for the Town Council in rendering their decision.  Certain Special Use Permits (expansion of an existing nonconformity, specific uses in the Town Center Overlay District, etc.) require other, more specific findings in addition to those listed above.

 

 

 

                                                                                   


 PLANNING DEPARTMENT

 
                                                                               


SPECIAL USE APPLICATION

 

Date: ____________                                                              Special Use No: __________

 

Site Address: _________________________________________________________

 

PURPOSE OF REQUEST: (Explain what kind of use is requested) __________________________________________________________________________________________________________________________________________________________________________________________________________________

______________________________________________________________________

 

Subdivision: _______________________________________          Lot #: _________

PIN # _________________                       Real ID# _____________

 

APPLICANT:_____________________________________________

Phone #: __________________________

Address:  ______________________________________________________________

 

Applicant’s Signature: ___________________________________    Date: __________

 

OWNER: _______________________________________________

Phone #:  __________________________

Address: ______________________________________________________________

Owner’s Signature: __________________________________          Date: ___________

 

HTE #:

Received By:

Related Site Plan:  Yes/No

Site Plan #:

 

 

 

NOW COMES ___________, Applicant, being first duly sworn, and deposes and says as follows:  the contents of this Application are true to my knowledge, except as to those matters stated on information and belief, and as to those matters I believe them to be true.

 

 

 

This the _________day of _________, 2006.

                                                                                   

____________________________

 

                                                                        Print Applicant Name: ______________

 

Sworn to and subscribed before me

this ____ day of __________, 2006

 

 

 

___________________________                       SEAL:

Notary Public

 

My Commission Expires:  _______________________________