A. Purpose
A use designated as a Special Exception in a particular zoning district is a use that may be appropriate in the district, but because of its nature, extent, and external effects, requires special consideration of its location, design, and methods of operation before it can be deemed appropriate in the district and compatible with its surroundings. The purpose of this section is to establish procedures and standards for review and approval of a Special Exception use.
B. Applicability
A Special Exception approved in accordance with Section 155.2406.C, Special Exception Procedure, is required before approval of a Zoning Compliance Permit or Zoning Use Certificate for development of any use designated in the use tables in Article 3: Zoning Districts, as a Special Exception in the zoning district where proposed.
1. Step 1: Pre-Application Meeting
Applicable (See Section 155.2301.).
2. Step 2: Neighborhood Meeting
Optional (See Section 155.2302.).
3. Step 3: Application Submittal and Acceptance
Applicable (See Section 155.2303.).
4. Step 4: Staff Review and Action
Applicable to a recommendation by the Development Services Director (See Section 155.2304.).
5. Step 5: Public Hearing Scheduling and Notice
Applicable (See Section 155.2305.).
6. Step 6: Advisory Body Review and Recommendation
Not applicable.
7. Step 7: Decision-Making Body Review and Decision
Applicable to a final decision by the ZBA, following a quasi-judicial public hearing (See Section 155.2307.), except that approval of an application for a Special Exception shall require the concurring vote of at least five members of the ZBA.
Except for community residences and recovery communities, a Special Exception shall be approved only on a finding that there is competent substantial evidence in the record that the Special Exception, as proposed:
1. Is consistent with the comprehensive plan;
2. Complies with all applicable zoning district standards;
3. Complies with all applicable use-specific standards in Article 4: Use Standards;
4. Avoids overburdening the available capacity of existing public facilities and services, including, but not limited to, streets and other transportation facilities, schools, potable water facilities, sewage disposal, stormwater management, and police and fire protection;
5. Is appropriate for its location and is compatible with the general character of neighboring lands and the uses permitted in the zoning district(s) of neighboring lands. Evidence for this standard shall include, but not be limited to, population density, intensity, character of activity, traffic and parking conditions and the number of similar uses or special exception uses in the neighborhood;
6. Avoids significant adverse odor, noise, glare, and vibration impacts on surrounding lands regarding refuse collection, service delivery, parking and loading, signs, lighting, and other site elements;
7. Adequately screens, buffers, or otherwise minimizes adverse visual impacts on neighboring lands;
8. Avoids significant deterioration of water and air resources, scenic resources, and other natural resources;
9. Maintains safe and convenient ingress and egress and traffic flow onto and through the site by vehicles and pedestrians, and safe road conditions around the site and neighborhood;
10. Allows for the protection of property values and the ability of neighboring lands to develop uses permitted in the zoning district;
11. Fulfills a demonstrated need for the public convenience and service of the population of the neighborhood for the special exception use with consideration given to the present availability of such uses;
12. Complies with all other relevant city, state and federal laws and regulations; and
13. For purposes of determining impacts on neighboring properties and/or the neighborhood, the terms neighboring properties and neighborhood shall include the area affected by the requested special exception, which is typically an area of 500 feet to a one-half mile radius from the subject site.
A Special Exception for a community residence (family or transitional) shall be approved by simple majority vote of the Board members present, only on a finding that there is competent substantial evidence in the record that the Special Exception meets the following applicable standards:
1. When the proposed community residence arrangement is required to obtain a special exception because it would be located within 660 linear feet of an existing community residence or recovery community:
a. The applicant demonstrates that the proposed community residence will not interfere with the normalization and community integration of the residents of any existing community residence or recovery community and that the presence of other community residences or recovery communities will not interfere with the normalization and community integration of the residents of the proposed community residence, and
b. The applicant demonstrates that the proposed community residence in combination with any existing community residences and/or recovery communities will not alter the residential character of the surrounding neighborhood by creating an institutional atmosphere or by creating or intensifying an institutional atmosphere or de facto social service district by concentrating or clustering community residences and/or recovery communities on a block face or in a neighborhood.
2. When the proposed community residence is required to obtain a special exception because the State of Florida does not offer a license or certification for this type of community residence and the population it would serve, the applicant must demonstrate that:
a. The proposed community residence will be operated in a manner effectively similar to that of a licensed or certified community residence;
b. Staff will be adequately trained in accord with standards typically required by licensing or state certification for a community residence;
c. The community residence will emulate a biological family and be operated to achieve normalization and community integration; and
d. The rules and practices governing how the community residence is operated will actually protect residents from abuse, exploitation, fraud, theft, insufficient support, use of illegal drugs or alcohol, and misuse of prescription medications.
3. In districts where a community residence is allowed as a special exception, the community residence shall be approved only on a finding that there is competent substantial evidence in the record that the Special Exception meets the applicable standards:
a. The applicant demonstrates that the proposed community residence will not interfere with the normalization and community integration of the residents of any existing community residence and/or recovery community and that the presence of other community residences and/or any recovery communities will not interfere with the normalization and community integration of the residents of the proposed community residence;
b. The applicant demonstrates that the proposed community residence in combination with any existing community residences and/or recovery communities will not alter the residential character of the surrounding neighborhood by creating an institutional atmosphere or by creating or intensifying a de facto social service district by concentrating or clustering community residences and/or any recovery community on a block or in a neighborhood, and
c. The applicant demonstrates that the proposed community residence will be compatible with the residential uses allowed as of right in the zoning district;
d. When the proposed community residence would be located in a single-family zoning district, the applicant demonstrates that the proposed transitional community residence, alone or in combination with any existing community residences, will not alter the residential stability of the single-family zoning district;
e. The applicant demonstrates that the applicant or the proposed community residence has been granted certification by the State of Florida or license required by the State of Florida; and
f. When the State of Florida does not offer certification or require a license for this type of transitional community residence and the population it would serve, the application demonstrates that:
i. The proposed community residence will be operated in a manner effectively similar to that of a licensed or certified community residence;
ii. Staff will be adequately trained in accord with standards typically required by licensing or state certification for a community residence;
iii. The community residence will emulate a biological family and be operated to achieve normalization and community integration; and
iv. The rules and practices governing how the community residence is operated will actually protect residents from abuse, exploitation, fraud, theft, insufficient support, use of illegal drugs or alcohol, and misuse of prescription medications.
F. Special Exception Review Standards for Recovery Communities
A Special Exception for a recovery community shall be approved by Simple Majority vote of the Board members present, only on a finding that there is competent substantial evidence in the record that the Special Exception meets the following applicable standards:
1. When the proposed recovery community is required to obtain a special exception because it would be located within 1,200 linear feet of an existing recovery community or community residence:
a. The applicant demonstrates that the proposed recovery community will not interfere with the normalization and community integration of the residents of any existing community residence or recovery community and that the presence of existing community residences or recovery communities will not interfere with the normalization and community integration of the residents of the proposed recovery community; and
b. The applicant demonstrates that the proposed recovery community in combination with any existing recovery communities or community residences will not alter the residential character of the surrounding neighborhood by creating or intensifying an institutional atmosphere or creating or intensifying a de facto social service district by concentrating or clustering recovery communities and/or community residences on a block face or in a neighborhood.
2. In zoning districts where a recovery community is allowed only as a special exception, the recovery community shall be approved only on a finding that there is competent substantial evidence in the record that the Special Exception meets the following applicable standards:
a. The applicant demonstrates that the proposed recovery community will not interfere with the normalization and community integration of the residents of any existing community residence or recovery community and that the presence of existing community residences or recovery communities will not interfere with the normalization and community integration of the residents of the proposed recovery community;
b. The applicant demonstrates that the proposed recovery community in combination with any existing recovery community or community residence will not alter the residential character of the surrounding neighborhood by creating or intensifying an institutional atmosphere or creating or intensifying a de facto social service district by concentrating or clustering recovery communities and/or community residences on a block face or in a neighborhood;
c. The applicant demonstrates that the proposed recovery community will be compatible with the residential uses allowed as of right in the zoning district;
d. When the proposed recovery community would be located in a two-family zoning district, the applicant demonstrates that the proposed recovery community, alone or in combination with any recovery community or community residence, will not alter the residential stability of the two-family zoning district; and
e. The applicant demonstrates that the applicant or the proposed recovery community has been granted certification available from the State of Florida or license required by the State of Florida.
f. If the proposed recovery community would be located within 1,200 linear feet of an existing recovery community or community residence:
i. The applicant demonstrates that the proposed recovery community will not interfere with the normalization and community integration of the residents of any existing community residence or recovery community and that the presence of existing community residences or recovery communities will not interfere with the normalization and community integration of the residents of the proposed recovery community; and
ii. The applicant demonstrates that the proposed recovery community in combination with any existing recovery communities or community residences will not alter the residential character of the surrounding neighborhood by creating or intensifying an institutional atmosphere or creating or intensifying a de facto social service district by concentrating or clustering recovery communities and/or community residences on a block face or in a neighborhood.
A development order for a Special Exception authorizes the submittal of an application for a Zoning Compliance Permit or Zoning Use Certificate and any other development permit that may be required before construction or use of the development approved by the development order for the Special Exception.
H. Expiration
1. A development order for a Special Exception shall automatically expire if a Zoning Compliance Permit or Zoning Use Certificate, as appropriate, for the development authorized by the Special Exception is not obtained within two years after the date of the development order, or an extension of this time period authorized in accordance with Section 155.2308.B.2, Extension of Expiration Time Period.
2. A development order for a Special Exception shall automatically expire if the authorized development is discontinued and not resumed for a period of one year, or an extension of this time period authorized in accordance with Section 155.2308.B.2, Extension of Expiration Time Period.
I. Minor Deviations
Subsequent applications for a Zoning Compliance Permit, or other development permits reviewed under this Code, for development authorized by a development order for a Special Exception, may include minor deviations from the approved plans and conditions without the need to amend the Special Exception. Such deviations, however, are limited to changes that the Development Services Director determines would not:
1. Materially alter the drainage, streets, or other engineering design;
2. Adversely impact the management of stormwater quality or stormwater quantity;
3. Substantially affect the terms of the original approval; or
4. Result in significant adverse impacts on the surrounding properties or the city at large.
J. Amendment
Any modifications of development subject to an approved Special Exception other than those authorized in accordance with Section 155.2406.G, Minor Deviations, shall require amendment of the Special Exception in accordance with Section 155.2308.C, Modification or Amendment of Development Order.
K. Lawful Special Exception
1. For purposes of this section, "Permitted by Right "P"" shall include uses that were permitted and/or legally approved for permanent development under the applicable jurisdiction. When a building or lot is approved for a Use designated as Permitted by Right "P" in a particular zoning district, and the Use is later designated as Permitted by Special Exception "S", that use shall be considered a lawful special exception use. Lawful special exception uses are not required to obtain Special Exception approval. Expansions of lawful special exceptions uses shall be permitted only on a finding that the expansion is for additions or alterations to buildings or land improvements that existed at the time the use was designated Permitted by Right "P" and within the area of the lot included in the ownership at the time the use was designated Permitted by Right "P". Expansions of lawful special exception uses shall be subject to the dimensional and intensity standards for uses designated as Permitted by Right "P" in the district or districts in which they are located.
2. A community residence or recovery community located in Pompano Beach as May 23, 2018 that is not currently licensed or certified by the State of Florida and that does not receive licensure, certification, or recertification from the designated state entity by March 1, 2019 shall no longer constitute a Lawful Special Exception and must cease operation by March 1, 2019 or within 60 days of the date on which certification, recertification, or the required license is denied, whichever date comes first. Such a community residence or recovery community must either return residents to their families or relocate them to safe, secure housing within 60 days of the date on which certification, recertification, or the required license is denied or by March 1, 2019, whichever date comes first.
3. To continue to constitute a Lawful Special Exception, a family or transitional community residence located in Pompano Beach as of May 23, 2018 that is occupied by more than ten unrelated individuals is required to obtain no later than March 1, 2019, a Reasonable Accommodation to house more than ten unrelated individuals in accord with, respectively, § 155.4202.I.3.c. or § 155.4202.J.3.c. of this Code, except state licensed community residences for seven to 14 individuals established under Chapter 419 of the state statutes. The number of occupants of a community residence may not exceed the maximum number allowed under the city's Rental Housing Code or the number authorized under the community residence's state certification or license, whichever is less.
4. The number of occupants of a recovery community that is a Lawful Special Exception may not exceed the maximum number allowed under the city's Rental Housing Code or the number authorized under the recovery community's state certification or license, whichever is less.