§ 34-606. Special exception procedures.

(a)

The land development board shall review all requests for special exception uses, with the exception of minor special exception uses, except on appeal, and forward their recommendations on the request to the village council for their consideration. The village council shall hear and decide requests for special exception uses in a quasi-judicial proceeding. Any person aggrieved by a decision of the council may appeal the final order of the council in accordance with the Florida Rules of Appellate Procedure.

(b)

In reviewing a request for a special exception use, the village council shall take into consideration all technical, relevant factors and the factors and criteria set forth herein. A special exception use shall not be approved unless an applicant establishes that all of the following criteria are met:

(1)

The proposed special exception use is consistent with the goals, objectives, and policies of the village's comprehensive plan.

(2)

The proposed special exception is consistent with the land development and zoning regulations and all other portions of this Code.

(3)

The proposed special exception use is compatible with the character and use (existing and future) of the surrounding properties in its function; hours of operation; type and amount of traffic to be generated; building location, mass, height and setback; and other relevant factors peculiar to the proposed special exception use and the surrounding property.

(4)

The establishment of the proposed special exception use in the identified location does not create a concentration or proliferation of the same or similar type of special exception use, which may be deemed detrimental to the development or redevelopment of the area in which the special exception use is proposed to be developed.

(5)

The proposed special exception use does not have a detrimental impact on surrounding properties based on:

a.

The number of persons anticipated to be using, residing, or working on the property as a result of the special exception use;

b.

The degree of noise, odor, visual, or other potential nuisance factors generated by the special exception use; and

c.

The effect on the amount and flow of traffic within the vicinity of the proposed special exception use.

(6)

That the proposed special exception use:

a.

Does not significantly reduce light and air to adjacent properties.

b.

Does not adversely affect property values in adjacent areas.

c.

Would not be a deterrent to the improvement, development or redevelopment of surrounding properties in accord with existing regulations.

d.

Does not negatively impact adjacent natural systems or public facilities, including parks and open spaces.

e.

Provides pedestrian amenities, including, but not limited to, benches, trash receptacles, and/or bicycle parking.

(c)

Should the village council determine that the proposed special exception use is not consistent with the criteria outlined hereinabove, it may either deny the application or impose such conditions of approval as it deems necessary to mitigate the adverse impacts of the proposed special exception use. The conditions of approval may require the applicant to exceed the minimum zoning or land development regulations established by this Code. Conditions of approval may include, but are not limited to, the following:

(1)

Limit the manner in which the use is conducted, including restricting the time an activity may take place and/or restraints to minimize such effects as noise, vibration, air pollution, glare and/or odor.

(2)

Establish a special setback, open space requirement, and/or lot area or dimension.

(3)

Limit the height, size, and/or location of a building or other structure.

(4)

Designate the size, number, location and/or nature of access points (vehicle and pedestrian).

(5)

Designate the size, location, screening, drainage, type of surfacing material and/or other improvement of a parking and/or loading area.

(6)

Limit or otherwise designate the number, size, location, height and/or lighting of signs.

(7)

Require the use of, and designate the size, height, location and/or materials for berms, screening, landscaping and/or other facilities to protect and/or buffer adjacent or nearby property, including designating standards for installation and/or maintenance of the facilities.

(8)

Require the protection and/or relocation of additional trees, vegetation, water resources, wildlife habitat and/or other appropriate natural resources, and/or off-site landscape mitigation, dedication of park land or open space.

(9)

Require specific architectural details and/or design that produces a physical development which is compatible in appearance with the uses permitted by right in the zoning district.

(10)

Specify other conditions of approval to permit development of the special exception use in conformity with the intent and purpose of this Code and the village's comprehensive plan.

(d)

Violation of any conditions, when made a part of the terms under which the special exception use is approved, shall be deemed a violation of this chapter subject to enforcement under the provisions of this Code.

(e)

Minor special exception uses. Uses permissible in each land development district as a special exception use, comprising 3,000 square feet or less in floor area, including outdoor seating area, may be reviewed and approved by administrative decision of the land development director, with the exception of the following uses which are not considered minor regardless of size: nightclub, bar, place of assembly (which may include but is not limited to a club, church, and meeting hall) any use with drive-in/drive-thru window service, medical marijuana treatment center and dispensary, adult entertainment, vehicle sales, and assisted living facility or community residential home.

(1)

The land development director may solicit village staff, consultants and others that may be deemed appropriate to review and comment on the application, and supporting technical and relevant factors. A minor special exception use shall not be approved unless an applicant establishes that all of the criteria of subsection 34-606(b) are met.

(2)

Should the land development director determine that the proposed minor special exception use is not consistent with the criteria outlined in subsection 34-606(b), he/she may either deny the application or impose such conditions of approval as she/he deems necessary to mitigate the adverse impacts of the proposed special exception use. The conditions of approval may require the applicant to exceed the minimum zoning or land development regulations established by this Code. Conditions of approval may include, but are not limited to, those outlined in subsection 34-606(c).

(3)

Violation of any conditions, when made a part of the terms under which the minor special exception use is approved, shall be deemed a violation of this chapter subject to enforcement under the provisions of this Code.

(4)

Appeal. Any person or entity who applies for a minor special exception use and is denied by the land development director may appeal to the land development board for a minor special exception. Such appeal application shall be filed with the land development director within 30 days of the land development director's written denial. Any person or entity who applies for a minor special exception use and is denied by the land development board may appeal the land development board's decision to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the land development board. An appeal shall be filed within 30 days of the land development board's decision.

(Ord. No. 2007-08, § 5, 4-26-2007; Ord. No. 2013-09, § 2, 3-14-2013; Ord. No. 2016-19, § 3, 11-10-2016)