Agenda - 05-31-1995 - D2(a) - Laserfiche WebLink

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PROPOSED ORDINANCE AMENDMENT ORDINANCE: ZONING ORDINANCE REFERENCE: ARTICLE 8 SPECIAL USES ORIGIN OF AMENDMENT: Staff Planning Board BOCC Public _x_ Other: County Attorney STAFF PRIORITY RECOMMENDATION: _X High Middle Low PUBLIC HEARING DATE: May 31, 1995 PURPOSE OF AMENDMENT: To consider a proposed amendment- to the Zoning Ordinance which would clarify who bears the burden of proof in the consideration of Special Use Permits. IMPACTS/ISSUES: The proposed amendment was initiated and drafted by the County Attorney to clarify which parties bear the burden of proof in the consideration of Special Use Permits. The proposed amendment would make it clear that the applicant has a burden to show that value of contiguous property would be maintained or enhanced if the Special Use Permit were approved, and that the use would be in compliance with the Comprehensive Plan. These two items are fact specific and can be readily established by evidence available to the applicant when the application is submitted. On the other hand, although the applicant can be required to show in general that the use will maintain or promote the public health, safely and general welfare, the applicant cannot be expected to anticipate every specific health, safety and welfare problem. Opponents to the request have the burden of proof in establishing that the Special Use would be injurious to some specific aspect of health, safety and general welfare. EXISTING ORDINANCE PROVISIONS AND PROPOSED AMENDMENT: 8.2.1 Before any application for a Special Use shall be approved: a) The applicant shall have the burden of establishing, by competent material and substantial evidence, the existence of the facts and conditions which this ordinance requires for approval; and