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21445 Catawba Ave., 2nd Floor
Cornelius, NC 28031
Ph: 704-896-2461
Fx: 704-896-2462
bpartin@cornelius.org
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Conditional Use Permits
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When are Conditional Use Permits required?Conditional Use Permits are required when you want to use a property whose zoning does not allow that use by right. Refer to Chapter 6 of the Land Development Code for a list of uses which require a Conditional Use Permit.
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How long will it take?
Obtaining a Conditional Use Permit is a 4 to 6 month process. The Planning Board coducts a Public Hearing and makes a recommendation to the Town of Cornelius Board of Commissioners. The Town Board determines whether to approve or deny the request based on evidence presented.
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What will it cost?
It will cost $500.00 for a Conditional Use Permit Site Plan, and $250.00 for an amendment to a Conditional Use Plan.
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What are the steps in obtaining a Conditional Use Permit?
- Discuss your plan with the Planning Staff who will review your sketch plan and inform you of the applicable regulations.
- Formal Submittal of Application, Fee and Copies of Plan. The plan will be reviewed by various Town Department’s and agencies. Refer to Chapter 12
of the Land Development Code for further details.
Town Staff will publish newspaper notices, mail letters to adjacent property owners, and place a zoning sign on site.
The Planning Board conducts a Public Hearing, considers the requests and makes a recommendation to the Town of Cornelius Board of Commissioners.
The Parks, Arts, Recreation and Culture (PARC) Commission will review the plan if applicable.
The Town Board will conduct a Public Hearing and render a decision on the request. This is a quasi-judicial process meaning anyone presenting testimony and evidence must be sworn in. Testimony for and against the Conditional Use Permit will be considered towards formulating the Findings-of-Fact.
If the project is approved, the Developer will provide Construction Documents for review by Town Staff and Related agencies.
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The Applicant is responsible for providing evidence to support the Findings-of-Fact. The 5 Findings-of-Fact that must be met:
The applicant is responsible for providing evidence to support the Findings of Fact. Note that the Board may attach fair and reasonable conditions which support the Findings-of-Fact, and will give the applicant the opportunity to respond to them.
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Will a Conditional Use Permit ever expire?
A Conditional Use Permit can expire. If a building permit has not been issued for the project within 2 years of approval, the Planning Board can recommend to the Town Board that the permit be revoked. The Town Board, after conducting a public hearing with required notification, may revoke the permit.
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How can I change an existing approved Conditional Use Permit?
Major amendments to Conditional Use Permits must go back before the Town Board (repeating the Conditional Use Permit Process). Major amendments are changes that constitute a greater than 20% increase or decrease in building area, parking area, impervious area or open space from the originally approved plan. It does not apply to residential uses. A major amendment also includes a change of use that differs from the uses approved under a Conditional Use Permit.
Minor amendments are only required to appear before the Planning Board. Minor amendments constitute a less than 20% increase or decrease in building area, parking area, impervious area, or open space from the originally approved plan. It does not apply to residential uses. A minor amendment does not include a change of use that differs from the uses approved under a Conditional Use Permit.
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Last Update: October 10, 2007
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