§ 56-155. Specific purpose.

(a)

The county board of commissioners are hereby authorized to amend the county ordinance to allow property to be used for a specific purpose. Prior to approval of any amendment to allow use for a specific purpose, the county planning commission shall first determine that the purpose for which the property is to be used is not contrary to or in degradation of the overall purpose of this chapter. The application for amending for a specific purpose must be made by the property owner on a form prescribed by the county planning commission, as in other applications, but such form shall fully explain the intended use for the subject property. An application for specific purpose will be handled in the same manner as a rezoning application in regards to posting of signs and advertising. In the event an application to amend for a specific purpose shall be approved by the county board of commissioners, then that property may be used only for the specific purpose for which it was amended.

(b)

When a property owner makes an application for an amendment to change a subject property's use district as defined in section 56-23, the planning commission shall not recommend amending for a specific purpose, unless the property owner shall consent to such specific purpose amendment and resubmit an application setting out the specific purpose. The resubmitting of an application shall not require additional public hearing scheduled pursuant to the original application.

(c)

Rezoning of any property for a specific purpose shall not be approved by either the county planning commission or the county board of commissioners except upon the property owner's application and consent to such rezoning.

(d)

The granting of a specific purpose amendment pursuant to this section shall remove the subject property from its former use district as defined by section 56-23, but shall not be considered to have been rezoned into a different use district. Said property may be returned only to its original use district by application of the property owner, as in other amendments of the ordinance from which this section is derived.

(e)

Nothing in this section shall prohibit the county board of commissioners from rezoning or otherwise amending the ordinance from which this section is derived to change use districts where otherwise appropriate under this chapter.

(f)

When property is zoned for a specific purpose and is not used for that purpose within 12 months, the zoning will then revert to its original use district.

(Ord. of 8-28-2007(1), § 101)