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1/16/1985
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1/16/1985
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
01/16/1985
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_ M M <br />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 />i ty; <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 />JAN 16 1995 -62- Boor Face <br />
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