§ 38-4. Restrictive rezonings.  


Latest version.
  • (a)

    Notwithstanding the provision of any article of this chapter, in amending a zoning district at the request or concurrence of the applicant, the planning and zoning commission may recommend and the board of county commissioners may approve such amendment with restrictions applicable only to the property involved in the change, provided that such restrictions confer upon the applicant or subject property no privilege otherwise denied by these articles to other lands, structures or buildings in the same district. Such restrictions may include one (1) or more of the following:

    (1)

    Use restrictions greater than those otherwise specified for the particular district.

    (2)

    Density restrictions greater than those otherwise specified for the particular district.

    (3)

    Setbacks greater than those otherwise specified for the particular district, including setbacks from lakes and major arterials.

    (4)

    Height limits more restrictive than otherwise permitted in the particular district.

    (5)

    Minimum lot areas or minimum widths greater than otherwise specified for the particular district.

    (6)

    Minimum floor area greater than otherwise specified for structures in the particular district.

    (7)

    Open space requirements greater than otherwise required for property in the particular district.

    (8)

    Parking, loading, driveway or traffic or traffic requirements more restrictive than otherwise required for the particular district.

    (9)

    Fencing or screening requirements greater than otherwise required for the particular district.

    (10)

    Restrictions on any other matters which the board of county commissioners may regulate under authority of section 30-38.

    (b)

    Upon approval of such restrictive rezonings, the zoning director shall enter the applicable restrictions, or reference thereto, on the official zoning maps of the county in a manner sufficient to constitute notice to all interested persons. Restrictions shall run with the land, without regard to transfer of ownership or other interests, and may be removed only upon amendment to the district as provided for in section 30-40 of this Code.

(P & Z Res., art. III, § 4(b))