(A) A person petitioning for rezoning of a tract of land may elect or request general use district zoning or special use district zoning. If the petitioner elects to apply for general use district zoning, he or she may refer, either in his or her petition or at any hearings, to the use intended for the property. The Board of County Commissioners may consider the intended use in determining whether to approve or disapprove the petition, but shall consider the full range of uses permitted within the requested general use district. A statement analyzing the reasonableness of the proposed rezoning shall be prepared for each petition for a rezoning, or other small-scale rezoning. If the petition is approved, the rezoned property may be used for any of the permitted uses in the applicable general use district.
(B) If the applicant elects to petition for special use district zoning, the petition must specify the actual use intended for the property and it must be one permitted in the corresponding general district. If the petition is for special use district zoning, the Board of Commissioners shall approve or disapprove the petition on the basis of the specific use requested. If the petition is approved, the Board of Commissioners may issue a special use zoning permit authorizing the use with specific conditions. The Zoning Enforcement Officer shall maintain a separate file of all special use district zoning permits in the County Zoning Office.
(C) When issuing special use district zoning permits, the Board of Commissioners may place conditions on each specific use. Specific conditions applicable to the districts may be proposed by the petitioner or the county or its agencies, but only those conditions mutually approved by the county and the petitioner may be incorporated into the zoning regulations or permit requirements. Conditions and site-specific standards imposed on a special use district shall be limited to those that address the conformance of the development and use of the site to county ordinances and an officially adopted land development plan or other plans, and those that address the impacts reasonably expected to be generated by the development or use of the site. The intent of this process is to ensure compatibility between uses. These conditions may include but are not limited to the following:
(1) Location of the use on the property;
(2) The location and extent of supporting facilities such as parking lots, driveways, and access streets;
(3) The timing of development;
(4) Location and extent of buffer areas;
(5) Positioning other special purpose areas on the tract;
(6) That petitioners shall incorporate in any future conveyance of this property a detailed description of this special use and all the conditions imposed; and
(7) Such other matters as may be imposed by the Board of Commissioners.
(1996 Code, § 155.161) (Ord. passed 1-18-1994; Ord. passed 3-20-2006)