§ 50-797. Limitations.

(a)

Each special exception is valid only for the specific purposes for which it is granted as indicated in the approved application, plans, drawings or exhibits. Any unauthorized deviation from the approved application, plans, drawings, exhibits, specifications or conditions of a special exception shall be grounds for revocation of the special exception or any action at law or in equity to enforce the provisions of the special exception or of this Code.

(b)

Unless a special exception is approved with a condition imposing a specific duration or automatic revocation upon a specific event, and provided that the provisions and conditions of a special exception have not been violated, a special exception shall run with the land and shall not be transferable to a different site.

(c)

A special exception does not relieve an applicant, property owner, or user of the special exception property from liability for harm or injury to human health or welfare, plant or animal life, or property caused by its construction or operation. Nor does a special exception allow an applicant, property owner, or user of the special exception property to cause pollution in violation of any county, state, or federal code, ordinance, policies, laws, statutes, rules or regulations.

(d)

In the event an application for a special exception has been denied, the board of county commissioners shall not thereafter consider an application for the identical use concerning all or any part of the same property for a period of six months after such denial, except that this limitation may be waived by a majority vote of the board of county commissioners when the board deems such waiver necessary to prevent injustice or to facilitate the proper development of the county. The six-month limitation imposed by the preceding sentence shall not apply to applications for modification to a previously approved special exception.

(1991 LDR ch. 79, § 6.01(D); Ord. No. 05-01, § 6, 5-17-2005)