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• <br /> Helen Johnson <br /> January 5, 1999 <br /> Page 2 <br /> rezoned. In my opinion, the county's authority to require deed restrictions on other than <br /> the rezoned parcel depends not on what the ordinance says in section 10.255(3) but on <br /> the construction given the zoning enabling statutes by the courts. <br /> It is difficult to determine the exact intent of s. 10.255(3). Its expressed purpose <br /> is to "enable adaptation of zoning to unique circumstances regarding particular sites, <br /> uses or neighborhoods when the county has not had sufficient experience with the type <br /> of use in question to lead to treatment of the use as a conditional use." Regardless of <br /> what is intended, at no point is this provision stated as a limitation on the county's <br /> statutory authority to enact conditional zoning. That being the case, I am of the opinion <br /> that none exists and that the county has the full authority given it by the judicial <br /> interpretation of its zoning powers. <br /> Sincerely, <br /> (>4.(1/'//eLP <br /> Cal W. Kofrnstedt <br /> Corporation Counsel <br /> State Bar# 1012192 <br /> C:1..\..\docs\ZON9816a ,r• <br />