brierwood articles

A special use is something a zoning district allows only after the Town looks at the specific project. In Shallotte, a golf course within the Town's development jurisdiction needs a special use permit, even where the land is zoned residential. The request is decided by the Board of Aldermen at a quasi-judicial hearing, which works more like a court proceeding than an ordinary meeting.

That has consequences. People who want to speak must be sworn in by the Town Clerk, and only people with legal standing may give testimony. The agenda lists seven steps, ending with a vote on the board's findings of fact and then a vote on the permit.

To win a permit the applicant has to show that the project meets six standards: it will not materially endanger public health and safety; it will not substantially injure the value of neighboring property; it will be in harmony with the area; it conforms to the Town's adopted plans; it has adequate access, utilities and drainage; and it meets every condition the board sets.

The Brierwood request began with an application filed December 2, 2024. The Town's Technical Review Committee sent its notes on December 20, and the site plan was revised on January 14 and February 11, 2025. The hearing was first set for February 4, then moved to March 4 at 5:15 p.m. after typing errors in the mailed notice to neighbors, which the Town fixed with a new mailing as state law requires.

At the hearing the owner's attorney argued the standards were met, residents on Pender Road objected to the courts, and the Board approved the permit unanimously, with eleven conditions. The next article explains them.