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owner. [Ina general use district of the conventional they bad been n~ritten into thc ordinance itself. As kind, the owner may develop the property under the North Carolina Supreme Court pointed out in -~. ordinary permits issued by the enforcement olficer~ Convent v, Winston,Salem,n a person who receives in addition to seekin~ special use permits from a aspecialusepen'nitisbeingaccordedaprivilegenot board. I These special use permits can be issued only generally available~ it the person accepts that privi~ by a board designated in the o~dinance [usually thc lege, he or she does so suh]eet to whatever condi- governing hoard[ and only in accordance with the tionshave beenimposeduponit and may not there- rules for issuing those permits in other districts-- after question their legal validity. the t is, following a quasi.judicial hearing at which The originalunits rouse this t echnique{C~eens- evidence is submitted, findings required by the boro, GuilfordCounty, andStatesville]thoughtthat ordinance are made, and reasonable and appropriate it was fully authorized under the standard zoning conditions are imposed by the issuing body. enabling act provisions. However, Winston-Salem Once the new set of districts is added to the andForsythCounty, n SurryCountyanditsmunici- o/dlnance, an applicant will normally submit an palities,n andChaflotteandMecklenbutg~.zounty~n application for two actions by thc board: {1] a secutedspeclalactsauthorizingitsusein1973, and rezoning of the property to the appropriate kind of a number of uther units later followed suit. Finally, SOD/CUD district and then 121 the issuance of a afterasurgeofinterestbyWakeCountyandallofirs special nsepermit allovdng the applicant to make a municipalities, it was explicitly mentioned in the specified use of the property, subieet to appropriate general city and county zoning enabling acts in conditions. 1985)~ If the applicant later finds that the property cannot be developed in accordance with the special Facts and Proceedings use permit, the applicant may ask the issuing body { 1 } to amend t he permit by alteringone or more of the Chrismon illust rates rather well the use of the imposed conditions, {2} to grant a new and different SOD/CUD'zoning technique. The individual defen. special use permit, or [31 to rezone the property back dent, Bruce Clapp, owned two tracts (of3.18 and 5.06 to a general use district. The important thing is that acres] across the toad from each other in a very large the applicant cannot iust change plans and do some- agricul tural area of Guilford County. Ha Was oper- thingelse~heor she must come back to the issuing ating a grain drying and storing operation on tire agency for appropriate action, which means that the smaller tract, along with a business selllngfertilizer~ applicant will be held to the original conditions pesticides, and other agricultural chemicals. In unless that body chooses otherwise. 1964 the county adopted a comprehensive zoning The key to the constitutionality of this vew ordinanceandplacedhispropertyinanAgricultural restrictive zoning is that no special use district is District extending for several miles in all directions. createdexceptontheapplicationOfalltheownersof His grain business was a permitted use, but his the land within the proposed district. This means agricultural chemical business was a nonconform- that they and their successors are hatred from later lng use. In 1980 he started moving his operations to complaining about the restrictions it imposes on the larger tract. On the complaint of a neighbor theLrproperty. (Theymay, ofcourse, seekmodifiea. (Chrismon}, the county informed Clapp that ha tions of the types outlined in the preceding para- could not move the chemical business, because it graph, butthoseactionsrestinthediscretionofthe was a nonconforming use. He then applied Icy issuing body.[ It should be noted that the imposed rezoning of both properties to a Conditional Use conditions under this system 'mn with the land.'* Industrial District and for a conditional use permit They cannot be avoided simply by transferring the authorizing him to continue the businesses he had property to someone else. The new owner has only heen engaged in, but on the new tract. Alter appro- the optiOns that were available to the person who priate hearings, favorable recommendations from secured the rezoning and special use permit, the county's planning division and its planning Finally, the conditions imposed on the special hoard, and a petition ~upporting the request from use per,nit are enforceable by the courts just as if eighty-eight individuals in the vicinity, the county