Conditional Use Application
Sec. 106-1. - Conditional uses.
(a) Generally. Conditional uses shall be generally limited to those uses or combination of uses which, because of their uniqueness, are not specifically identified as permitted uses or special exception uses within any zoning district in this land development code.
(b) Application procedure. Written application shall be made to the city for a conditional use in accordance with the procedures established for rezoning in chapter 98 of this land development code. In addition, the applicant shall provide the following information:
(1) A conceptual plan showing buildings, parking and access locations, utility service points, proposed screening or buffering and any other information pertinent to the specific requested use of the site.
(2) A written statement specifically addressing the requirements and criteria considered when reviewing applications as stated in the review criteria in this section.
(c) Notification of public hearing. The requirements of this section are superseded by the requirements of F.S. § 166.041(2), or as amended, when applicable.
(1) Adjoining owners. The city shall send notice per F.S. § 166.041, or as amended, of the proposed action to the owners of all adjoining properties located within 300 feet to the subject property, as well as to any owners of the subject property not party to the application, at least two weeks prior to the planning and zoning commission hearing on the proposed conditional use. The city shall mail an additional notice, at the applicant's expense, to the owners of all adjacent properties located within 300 feet of the subject property if more than 60 days have passed between the planning and zoning commission hearing at which the proposed action was considered and the meeting of the city council at which the proposed action was considered. Such additional notice shall be sent by certified mail to those property owners owning property directly adjacent to the subject property.
Additionally, the property owner or applicant shall conspicuously post the notice of the proposed action on the subject property so that the notice is visible from the right-of-way adjacent to the property at least two weeks prior to the planning and zoning commission hearing. A minimum of one sign shall be posted facing each adjacent right-of-way to the subject property. Said notice shall be at least 18 inches × 24 inches in size and shall be elevated approximately six feet off of the ground as measured from the top of the sign to the ground. Such notice shall include the date, time and place of the public hearings before the planning and zoning commission and the city council, along with a clear and concise description of the proposed action.
(2) Public advertisement. Notice of public hearing shall be published in a newspaper of general circulation within the city at least ten days prior to the final city council meeting. Notice shall also be posted in a conspicuous location at the city hall, and may be posted at other public locations at the discretion of the city.
(d) Procedure for public hearing. The following procedures are in addition to those required by state law:
(1) Development review process. The DRP reviewers selected by the city manager or designee pursuant to the DRP shall review every application and make recommendations to the planning and zoning commission and the city council.
(2) Planning and zoning commission action. The planning and zoning commission shall consider recommendations of the DRP reviewers for every application at a public hearing and make recommendations to the city council. In recommending the granting or denying of a conditional use permit, the planning and zoning commission shall make a finding which shall specify the rationale relied upon by the planning and zoning commission in rendering its decision and in attaching conditions and safeguards, and shall fully set forth wherein the facts and circumstances fulfill or fail to fulfill the requirements of this division. A copy of this report shall be filed with the city clerk and in the office of the city manager.
(3) City council action. The city council shall consider the recommendations of the DRP reviewers and planning and zoning commission before taking action at the public hearing. However, if the planning and zoning commission fails to take action within 30 days of the conditional use's or special exception use's first consideration by that body, then the city council may take action based upon deemed recommendation or approval from the commission.
(e) Conditional reviews. Any annual or conditional review that is required will be done by the planning and zoning commission.
(f) General requirements and conditions.
(1) Conditions and safeguards. In granting any conditional use, the city council may prescribe appropriate conditions and safeguards to ensure compliance with the requirements of this chapter and this land development code in general. Such conditions may include time limits for the initiation and duration of the conditional use, specific minimum or maximum limits to regular code requirements, or any other conditions reasonably related to the requirements and criteria of this chapter.
(2) Review criteria. When reviewing an application for a conditional use, the city council shall consider the following requirements and criteria, including, but not limited to:
a. The proposed use must comply with the adopted comprehensive plan and future land use map.
b. Traffic generation and access for the proposed use shall not adversely impact adjoining properties and the general public safety. The proposed development shall be so located and designed to avoid undue noise, odor, traffic, or other nuisances and dangers to abutting property owners.
c. Off-street parking, loading and service areas shall be provided and located such that there is no adverse impact on adjoining properties, beyond that generally experienced in the district. Streets must be sufficient width and capacity to serve the demands created by the proposed development. Dedication of rights-of-way, frontage or reverse frontage roads and other necessary improvements shall be considered and addressed.
d. Required yards, screening or buffering, and landscaping shall be consistent with the district in general and the specific needs of abutting land uses.
e. Size, location and number of conditional uses in an area shall be limited so as to maintain the overall character of the district as intended by this land development code.
f. Architectural and signage treatments shall comply with the general provisions applicable to permitted uses in the district, to the greatest extent possible, and be sensitive to surrounding development.
g.The availability of utilities services (such as water, sewer, and solid waste) and recreational facilities shall meet the minimum adopted LOS. The capability, capacity, and location of the city storm sewer system for serving the proposed development must be considered, as well as adequacy of project design to provide retention and positive outfall of stormwater.
h. The proposed use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity.
(3) Inspection fee. If any inspections are required to ensure compliance, a fee shall be charged.
(g) Effectiveness of conditional use permit.
(1) The effectiveness of the conditional use permit is expressly conditional upon the following, and the conditional use permit shall not become effective for any reason unless and until the following events have occurred:
a. Permittees shall have agreed to each and every condition by properly executing and signing the conditional use permit.
b. Such conditional use permit executed as indicated shall have been filed in the office of the city clerk within 90 days of its date of grant by the city council. Upon expiration of this period, the permit shall become null and void, and the permittee must apply for rehearing. If the conditional use permit should expire on a weekend or nonworking holiday, the formal date for executing shall extend to the next scheduled working day.
c. In the event of failure of the permittee to fulfill development in substantial accordance with the plans as submitted to the planning and zoning commission and the city council, comply with the codes of the governmental agencies having lawful and appropriate jurisdiction thereon, or meet any of the terms of the conditional use permit, the permit may be revoked after due public hearings before the planning and zoning commission and the city council.
(h) Transfer or abandonment of a conditional use.
(1) When any conditional use permit is granted, physical construction, including items required to meet adopted levels of concurrency, must begin within the timeframe established in the conditional use permit, which may not exceed one year. Such timeframe shall begin the date the conditional use permit is signed and executed by the permittee. For purposes of this subsection, the term "physical construction" shall mean the commencement and continuous prosecution of construction of required improvements ultimately finalized at completion.
(2) A conditional use that is not initiated within the timeframe established in the conditional use permit shall not be established without a new application and public hearing in accordance with the procedures for such described in chapter 98 of this land development code. A conditional use that is abandoned for a period of one year or more shall not be reestablished without a new application and public hearing in accordance with the procedures for such described in chapter 98 of this land development code.