(A) The Town Council may permit a conditional use as provided herein, by ordinance granting permission for the use after a public hearing before the Planning and Zoning Board at which persons interested shall be accorded an opportunity to be heard. Any ordinance permitting conditional uses as provided herein shall be construed as permitting only the specifically named or described conditional use, and not any other conditional use. Any property or premises designated upon the zoning map by the letter symbol “CU” alone shall be restricted to the specific conditional use permitted and may used for no other use whatsoever. Any property or premises designated by the letter symbol “CU” before and in conjunction with the letter symbol for a zoning district shall be restricted to a use for that particular conditional use specified or the use permitted in the designated use district, i.e. the letter “C-R-1A” shall denote a conditional use permitted in an R-1A use district and the premises so designated may be used only for the specific conditional use permitted in that district.
(B) In granting any conditional use, the Town Council shall prescribe any conditions that it deems necessary to or desirable for, the public interest. A conditional use shall not be permitted by the Town Council unless and until:
(1) A written application for the conditional use, on a form prescribed by the town, and a site plan drawn to scale, signed and sealed by any of the following professionals registered in the state as a land surveyor, landscape architect, architect or engineer shall be required;
(2) All applications for a conditional use shall be reviewed for sufficiency by the Town Clerk, forwarded to the town planner for review, recommendation, report, scheduling and submittal to the Planning and Zoning Board who shall study and make written recommendations to the Council, which recommendations shall become a part of the official record of the town in connection with the application;
(3) Upon receipt of the application, a date shall be set for a public hearing before the Planning and Zoning Board at which parties in interest and citizens shall have an opportunity to be heard. The Clerk shall cause a copy of the notice to be posted on the property by the applicant for which a conditional use is sought and at the Town Hall. Public hearing notice before the Town Council for the adoption of a proposed ordinance approving the conditional land shall be provided as required by F.S. Ch. 166, as amended from time to time. In addition notice of public hearing for the adoption of a proposed ordinance approving the conditional land use shall be posted at least seven days in advance of such hearing before the Town Council at the Town Hall. All notices shall state in substance the conditional use desired and a legal description of the property;
(4) The applicant shall provide a map, along with the names and addresses of all property owners within a 500 foot radius and will be responsible for paying for notices to be sent to all adjacent owners of record. However, failure of an adjacent owner to receive notice as mailed by the Town Clerk shall not affect any action or proceedings taken hereunder; or
(5) At the time and place set forth in the notice herein above referred to, the Planning and Zoning Board shall conduct a public hearing to consider the request for the conditional use desired. Any party may appear in person or be represented by counsel at the public hearing. At the time of the public hearing and in no event later than one week from the date thereof, the Board shall cause the submittal of the request for a conditional use together with their written recommendations to be forwarded to the Town Council. As a conditional use request is a quasi-judicial hearing, the Board and Town Council may only act upon the evidence produced at the public hearing and shall disclose for the record any ex-parte communications regarding the request.
(C) No conditional use shall be recommended by the Planning and Zoning Board, nor granted by the Council, unless a determination be made that the conditional use requested will not be injurious to the neighborhood or otherwise detrimental to the public welfare, and will be in harmony with the general purpose of this chapter. In making this determination, the Planning and Zoning Board and Council shall take into account the character and uses of adjoining buildings and lands and those in the vicinity, the number of persons residing or working in the buildings or upon the land and traffic conditions in the vicinity.
(D) Before any conditional use is recommended by the Planning and Zoning Board or approved by the Town Council, each body shall make written findings certifying compliance with the specific rules governing individual conditional uses which at a minimum include consideration of the following provisions:
(1) Ingress and egress to the property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, access in case of fire or catastrophe;
(2) Off-street parking and loading areas where required;
(3) Economic, noise, glare or odor effects of the request on adjoining properties and properties generally in the district;
(4) Refuse and services areas;
(5) Utilities, with reference to locations, availability and compatibility;
(6) Screening and buffering with reference to type, dimensions and character;
(7) Signs, proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district;
(8) Required yards and other open space;
(9) Height;
(10) Landscaping;
(11) Renewal and/or termination dates; and
(12) The use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic to be generated, and building size and setbacks, its relationship to land values, consistency with the town’s comprehensive plan and future land use map and other factors that may be used to measure compatibility with the surrounding areas.
(E) After the public hearing before the Planning and Zoning Board and upon receipt of their written recommendation, the Council may by ordinance grant permission for the conditional use and in doing so may prescribe appropriate conditions and safeguards in conformity with this chapter.
(F) Violations of the conditions and safeguards, when made a part of the terms under which the conditional use is granted shall be deemed a violation of this chapter and punishable as provided by law. The Council may provide a time period with which action must be commenced in connection with the conditional use, and may further provide that upon failure to implement or cessation of the conditional use for a continuous period of six months, the use of the premises shall revert to the previous and more restricted use classification.
(2000 Code, § 66-170) (Ord. 99-02, passed 3-23-1999; Ord. 2013-05, passed 3-26-2013) Penalty, see § 157.999