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HomeMy WebLinkAboutC.054.93008_0577132 87.7 Hearing Procedure. Hearings shall be conducted in accordance with the "Rules of Hearing Procedure for Special Use Permits," adopted by the board of county commissioners and on record in the office of the county clerk. The applicant shall have the burden of producing competent, material and sub- stantial evidence, tending to establish the existence of the facts and conditions which the appropriate section of this ordinance requires for the issuance of the special use permit for which the applicant has applied. In considering an application for a special use permit, the board of county commissioners shall consider, evaluate and may attach reasonable and approrpriate conditions as to the following: 1. location, nature and extent of the proposed special use and its relation to surrounding property, 2. proposed support facilities such as parking areas and driveways, 3. pedestrian and vehicular circulation systems, 4. screening and buffer areas, 5. the timing of development, 6. sewage treatment 7. water supply 8. water safety, and 9. such other matters as the commissioners may find appropriate or the petitioner may propose. The petitioner shall have a reas enable opportunity to consider and respond to such additional requirements prior to final action by the board of county commissioners. When the board of commissioners takes action on the PRD special use permit, it shall produce findings of fact to support its decision, including those factors required to be considered or evaluated under this ordinance. As a prerequisite to approval of an application for the special use, the board of county commissioners shall find that the evidence presented at the hearing establishes: 1. That all development standards established herin have been satisfactorily met; and 2. That no part of the proposed development shall be so located or operated as to create a nuisance to nearby residential areas. 87.8 Effect of Approval. If an application is approved, the special use permit and all conditions attach- ed thereto shall be binding upon the property and all subsequent development and use of the property shall be in accordance with the special use permit and corres- ponding plans, specifications, and conditions. It shall be unlawful to develop or use real property in violation of an anproved special use permit, any conditions attached thereto, or the resolution authorizing a special use of real property upon approval of a special use permit. 87.9 Additional Requirements. Once the PRD special use permit is approved, the plan shall be recorded at the Register of Deeds along with the unit ownershin declaration. If the applicant fails to make reasonable progress towards construction within one year of the ap- proval, then the approval may be revoked and the use of the property shall be in compliance with the zoning district in which the property was formerly zoned. An extension of the one year period may be granted by the board of county commissioners. 87.10 Modification. The owner or owners of property sub?ect to a PRD special use permit may petition for a modification of such special use permit in accordance with the same provisions for applying for a special use permit, provided that, the evidence to be considered at the hearing shall be limited to the effect of the proposed modification upon any conditions attached to the special use permit and upon the standards and require- ments of the ordinance under which the special use permit was approved. Such hearing shall be conducted in accordance with the "Rules of Hearing procedures for Special Use Permits" adopted by the board of county commissioners and on record in the office of the county clerk, to the extent those rules are applicable. Application for a modification to an approved special use permit shall be accompanies by a new site plan drawn in accordance with provisions listed above and shall identify those specific modifications proposed. Changes of detail which do not affect basic relationships of the special use to the standards and requirements of the ordinance under which the special use permit was approved or the conditions attached to the approval of the special use permit, including, by example, but not limited to, a reduction in the number of units or the addition of tennis courts within the open space, may be authorized by the planing director.