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<br />iMairrtEffs filed not-ce of appeal end De7Ttton for• disaetfonary review with ttfis Court, and we granted discretionary review of the Court
<br />of Appeals' decision on 39 September 1942, //
<br />The priRrary Issue before this Court ES the facial constitrklarailty of 5ectiorr 3124, entitled "Sanitary t.~ed[iU," 6f the Mecldenbtrrg
<br />County zoning reg<Itations embodied in the County`s zoning ordinance as & relates bo a provl~on that eliovrs the Charlotta-
<br />Meddenburg Zoning Administrator bo apprksve (fie County's xoning pemdt appNcation for the sRing of a IandrtlE. There are two
<br />subsidiary mss: wheifier pla[ndffs have standing to brktg ltle dedatatory judgment action artd wises the 1988 decisbrr of the
<br />superior rout, which was not appealed, has arW effect upon tfre present Ittigatfas. We find Ir unnecessary to address the Issue of
<br />standing, concaude tfiat the 1988 judgment has no effect on the present lUfgatlon, frMfier oondude that the ortfinanoe in question la
<br />not fadalty uncorrsii~onal, and affirm the deaisian of the Court of Appeals. .
<br />Meddenburg County is responsible for providing so8rl wash disposal fedilfies for [**"`7'I ~ apP~Y 640,000 torts per year ~
<br />solid waste that is generated In all areas of Maddenbury Ooutrty {cloth Irroorporatad and unincotporabed}, except from wHfiin tfie Town
<br />of Matthews.
<br />In AprH of 1985, the Mecktenixsg county Board of Cammassioners fakd an appUcation far a pemr{t to site a sar>itary landfill on county
<br />property ad}otning Highway 321 kt the soutfierrarrost tip of Mecklenburg County (the "faigilvray S21 site"}. A portion of the boundaries
<br />of the proposed land rte are adjacent to ixicaster Caxity, Srnrdi Garaikra, acrd Union County, Noah CeloUha. The 1985 kaunty. landfill
<br />orrl'inarrce generally provided that aanitafy landfills [*500] could be toca~d, oriEy upon~the issuance of a special use permit, and
<br />ally in certain, specified taring districts. TfNt 1985 iandfNi ordinancx also provided that the Mectcleribrarg County Board cf
<br />Commissions would sit in judgment of ks own appUcatlori far a permit.
<br />After a pubUc hearing, the MecWenburg County Board of Commiastoners Issued >o Meddanburg County a spacial tree permit to
<br />oxistnrct a landfill Ott the Highway 521 site. This decstan was subsequeritty appealed by all of the ptalntifis herein (with the exeepgon
<br />of union County, ["`**8] whteA was opt a party tD that action) th the Superior Covet, Meclenburg County. Ori 3 August 1986,
<br />Judge Fiattk W. APP dedeced the 19851ancUFll onUnankx unconstitutional as [**60ti1 bring M violation of thg
<br />~31tft ~irta,~,th Amendrne~r of thn ~ ipit~ sratPSf n~*+~km. )txlge Snapp also dedared tfiat Mdcicf®nburg County's actions in . .
<br />obtahiing the landfill aria, and Sts aGaons In attarrpl4rrg bo issue a permR to it~tf for suds site, had M fact rendered tfie County biased'
<br />and krcapable of sitting fn judgment of Ns own applicaiian for the HighlNaY 521 eke. Nledclenburg County did not appeal ttris
<br />lodgment. .
<br />Mecklenburg County amended its zoning ca~r+anoe with respect to Sen#ary landfills on 1 May 1989. The i May 1489 amendments t~
<br />ttte earring oMinanx did nkrt change the zoning darion of tfie Highway 521 landfill sU:e or of the surrounding property owned by
<br />wire of tale defendants. Mor+eoveq rile appiicatiai under the amended ordnance for a zondig permit was direcbdd to defendant
<br />Brandon, whose lithe is Chariotta-Mecdenburg Zoning Admintstrabor and who admiaisten: zoning ordinances promulgated by
<br />Meckenburg County for the unincorporated areas of the [~'**9] county acid those promutgabed by the Towns of Mattt-evrs,
<br />HrmtersvNle, Corriellua, MEnC FUU, and PitieviUe within the areas of Cheirzoning Unr}ts.•Mr. Brandon's employment Is root atthe pleasure
<br />of the Meddenbure County Comrnissiorxrs., Rather, his employment is protected try cxtah- personnel polldes and regulations, whicfi
<br />wautd prohibit the termkration a demoUOn of Mr. Brandon by his supervisors except for cause.
<br />~ln Section 3301 of the ordinance, which was not changed by the 1 May 1489 amendments, the Mecklenburg County Commi~taners,
<br />as aeglataGare, have divided the zoning uses trito three types as follows:
<br />[*501] This ordtnante,pro'vides far certain uses tks be )orated by right in certain districtswhere the uses are compatible
<br />with tfie purpose of tax district ~ and with other uses to be located ih cestein distracts only by camplyirig with addidon0i
<br />dave~pment staruaards to insure that same canpatibtEity. m However, c~tafn tomes whidt era basiwUY in keeping with rho
<br />intern and proposes of the dlstrtrt may }lave sutr~atiCia! impacts on the srrrmrmding area and should Doty iss allowed after
<br />a review of the spectffe proposal. In order to iticure that these uses would be conipatlbte [+'**10] with surroundfrg
<br />development and be En keeping with the purposes of the dlsbfct in wh[ci they are proposed bo be pieced, tfray are not
<br />Mowed fo be eslabllstfed as a mortar ofright. They may be established kusly after a review and 0pprovaE of a speciel use
<br />permit es required by this chapter. s
<br />(F?mphacis added.)
<br />~FOOTi~lOTES .._.__~.__.. ...._._._..~. .___._. _........_. ....._._..._. -..._.._.....~.__ ....~.-...,.._._ ... ...
<br />>. The filet category, wl>y right;" is actually an Inakxurate characii3rization because even single-famtty residences in single-famUy
<br />residentlai di~rikts are subjeetto certain zoning requh'emeriis suds as minimum bt areas, miMmum lot widths, mirrimum side
<br />i yards, minimum setbacks, etc- .
<br />':The second category is those "user by right under prescribed corrdlHoris." for these uses, tl-t zoning ordinance speaks
<br />3 tnbd~changeabiy'af "urns qy right stgrleet to spPtFat requirements" and "rses under prescribed cardtions.' .
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<br />s The third category Is those uses tiler are not atiowed as a matt+r of right with or wfltfiout specal tequkemetris: ar wRli or wttfilokrt.;
<br />! presaabaf conditlons and that require a "spedal vse permit" ratl>~ than a zoning permtk The emphasbxd language and Rs place
<br />s in the ordinance esteblisttes that rsres "with addiUonai development standards" (spedal regtiaanents qr under prescribed
<br />tondlttancj era by right and are distlnct tYarrt uses requiring^spekdai use permits with the atberidaiit apec3at procedural dements ^~
<br />[***i1] Sectiai 3124 of the ordhianca ~ amended provtdes as fotiows:
<br />Sanitary landtUis are permitGed,tn all districts in Meddenburg Gbunty subject: to the development standards listed below.
<br />The establishment and operatiai d any IandfUi must comply with Softd Waste Management Rules of the Sta4e of North
<br />Carotins and the "RegtAations GoverNng the Storage, CollerfiJon, Transporting and t)isposa) of Garbage Arid Refuse in
<br />Mecklenburg Oounty" as adopted by the Medkienbvrg Country Board oP Commissiarers under at43,ortty granted by the
<br />General 5tattKeer of Nkxth CaroUria.
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