1990 - 06-18-90 Regular Meeting - Laserfiche WebLink

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"t 1 13 4~i) (e) No such proposed change in the Zoning Ordinance or map, if denied by action of the Board of County Commissioners, may be resubmitted within a period of one (1) year from the date of such denial by the Board of County Commissioners, unless the Board of County Commissioners shall unanimously find that changing conditions in the area or new information concerning the property requested for rezoning warrant a resubmission for change in the Zoning Ordinance or map. (f) It is the intent of this ordinance that the applicant for rezoning to any district other than a Conditional Use District shall be prohibited from offering any testimony or evidence concerning the specific manner in which he intends to use or develop the property. If the applicant believes that development of his property in a specific manner will lessen adverse effects upon surrounding properties or other- wise make the rezoning more in accordance with principles underlying the Lee County Land Use Plan, he shall apply for rezoning to the appro- priate Conditional Use District and simultaneously apply for a Condi- tional Use Permit specifying the nature of his proposed development. No permit shall be issued for any development within a Conditional Use Dis- trict except in accordance with an approved Conditional Use Permit. (g) Requests for Conditional Use Permits as authorized by this chapter in Conditional Use Districts shall be processed and considered in the same procedure as set forth in this chapter for rezoning requests and the voting procedure shall be the same as that required in zoning matters. In considering an application for a Conditional Use Permit, the Board of County Commissioners shall give due regard that the purpose and intent of this chapter shall be served, public safety and welfare secured, and substantial justice done. If the Board of Commissioners should find, after public hearing, that the proposed Conditional Use Permit shall be granted, the Commissioners may authorize the issuance of such permit. If the Commissioners should find, after public hearing, that the pro- posed Conditional Use Permit should not be granted, such proposed permit shall be denied. In granting a Conditional Use Permit, the Com- missioners may impose such additional reasonable and appropriate special requirements upon such permit as it may deem necessary in order that the purpose and intent of this chapter are served, public welfare secured, and substantial justice done. If all requirements and condi- tions are accepted by the applicant, the Commissioners shall authorize the issuance of the Conditional Use Permit; otherwise, the permit shall be denied. Any Conditional Use Permit so authorized shall be perpe- tually binding upon the property included in such permit unless subse- quently changed or amended by the County Commissioners as provided for in this chapter. Any violation of a term or condition of a Conditional Use Permit shall be trea ted the same a s a violation of this ordinance and shall be subject to the same remedies and penalties as any such violation. In the event that any violation is not promptly corrected or abated after proper judi- cial determination that there has been such a violation, the Conditional Use Permit shall become void and of no effect. 68