Major Special Use Permit (MSUP)
Application Process Overview
The basic steps for an MSUP application are as follows:
- A pre-submittal conference with staff – required prior to submittal of an application
- Application submittal and subsequent departmental review
- Quasi-judicial public hearing with the Governing Body (the approving authority) – either the City Council or the Board of Commissioners, depending upon jurisdiction
The application calendar indicates a “best-case” timeline for an application, but may take longer if coordinated with a site plan or other applications. Generally, most MSUP applications are coordinated with a site plan review application. The pre-submittal conference should be, but not required to be, scheduled prior to submitting a site plan for review. Typically, MSUP applications are scheduled with the Governing Body only when the associated site plan has received a recommendation from the Development Review Board. Subsequently, if the MSUP is granted by the Governing Body, the site plan will be forwarded to the appropriate approving authority for final approval.
Pre-submittal Conference: This is required prior to submittal of an application. The purpose is to discuss potential issues with the proposal and to ensure that the applicant understands the application materials and process. A registration form must be submitted to schedule a conference, and is available online or from the Planning Department. The calendar is also available online or from the Planning Department.
Application: Applications are received by noon on the first Monday of every month. Refer to the calendar for specific dates. Applications will not be accepted unless complete, including required fees. Additionally, if the application is in coordination with site plan review, the site plan must have already been accepted for review. An application checklist is part of the overall application, available online or from the Planning Department. It is recommended that an applicant submit a MSUP application early within the site plan review process.
Public Hearing: A MSUP application is heard by the appropriate Governing Body, depending on jurisdiction. Notification of the hearing will be provided prior to the hearing date as follows:
- Notice of the hearing will be published twice in a newspaper serving the County
- Property owners within 600’ will receive written notification
- Neighborhood organizations registered with the Planning Department will receive written notification
- A sign, or signs, will be placed on the property
This is a quasi-judicial hearing, where applicants, proponents, opponents, and anyone else who wish to speak are “sworn in”. At the hearing, the applicant is expected to present testimony in support of the General Findings. These General Findings are part of the original application and can be found in Section 3.9 of the City-County Unified Development Ordinance (UDO). The Governing Body, in order to approve the special use permit, will determine if the evidence or testimony provided satisfy the General Findings. Any physical evidence presented and deemed pertinent with the case will be kept. Staff will make a recommendation once all testimony has been heard. After conducting the hearing, the Governing Body may: deny the request, defer action until additional information is received, approve the request, or approve the request with conditions.
For complete details concerning Major Special Use permits, refer to Section 3.9 of the UDO.
Contact Information:
Durham City-County Planning Department
Ground floor of City Hall
Phone: (919) 560-4137
Fax: (919) 560-4641
Website:
http://www.durhamnc.gov/departments/planning/