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1985-04
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1985-04
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Last modified
3/20/2019 12:10:01 PM
Creation date
10/5/2015 9:53:30 AM
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Ordinances
Ordinance Number
1985-4
Adopted Date
01/16/1985
Ordinance Type
Zoning
State Filed Date
02\04\1985
Entity Name
Zoning Districts Single Family Residential Ag
Code Number
Section 3(A) Section 4(A) Agricultural
Subject
Zoning Districts and Atlas
Supplemental fields
SmeadsoftID
13267
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b. Decision. Within a reasonable period of time following the close <br />of the public hearing, the Board of County Commissioners shall <br />approve, approve with conditions or deny the application, fur- <br />nishing the applicant a written statement of the reasons for any <br />denial. A special exception use shall be granted upon an affir- <br />mative vote of at least a simple majority of the Board of County <br />Commissioners present. <br />F. REQUIRED FINDING BY THE REVIEWING BODY. <br />Before any application regarding a special exception shall be approved, the <br />reviewing body shall make a finding that it is empowered under the provisions of <br />this Ordinance to review the specific use applied for, and that the granting of <br />the special exception will not adversely affect the public interest. The <br />reviewing body shall also make findings certifying that both the general and <br />specific criteria for the review of special exceptions have been satisfied and <br />that adequate special conditions have been imposed to assure compatibility with <br />surrounding land uses considering but not limited to: <br />1. Ingress and egress to property and proposed structures thereon with <br />particular reference to automotive and pedestrian safety and conve- <br />nience, traffic flow and control, and access in case of fire or <br />catastrophe; <br />2. Off-street parking and loading areas, where required, with particular <br />attention to the items in "1." above and the economic, noise, glare, <br />or odor effects of the special exception on adjoining properties and <br />properties generally in the district; <br />3. Refuse and service areas with particular reference to the items in <br />"1." and "2." above; <br />4. Utilities, with reference to locations, availability and compatibil- <br />ity; <br />5. Screening and buffering with reference to type, dimensions and charac- <br />ter; <br />6. Signs, if any, and proposed exterior lighting with reference to glare, <br />traffic safety, economic effects, and compatibility and harmony with <br />properties in the district; <br />7. Required yards and other open space; <br />8. Any special requirements set forth in the zoning district regulations <br />for the particular use involved. <br />G. STATUS OF DECISIONS. <br />Actions taken by the Board of County Commissioners regarding the granting of <br />special exceptions along with any appropriate conditions and safeguards shall be <br />deemed final unless an appeal is filed pursuant to the procedures of this <br />Ordinance. <br />H. GENERAL CRITERIA FOR REVIEW OF SPECIAL EXCEPTION USES. <br />Prior to approval by the Board of County Commissioners a special exception must <br />comply with the below cited general criteria as well as specific criteria for <br />the respective special exception use cited herein in Section 25.1, "Regulations <br />for Specific Land Uses". The applicant shall have the burden of establishing, <br />by competent material and substantial evidence, the existence of the facts and <br />conditions which this Ordinance requires for approval. The applicant shall have <br />the responsibility to present evidence in the form of testimony, exhibits, <br />documents, models, plans and the like to support the application for approval of <br />a special exception use. <br />1. Consistency with Comprehensive Plan and Zoning Code. The proposed use <br />shall be consistent with the Comprehensive Plan and with the stated <br />purpose and intent of the appropriate district regulations and all <br />applicable regulations within this Ordinance. <br />-62- <br />
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