There are certain uses which may be constructed, continued, and/or expanded, provided they meet certain mitigating conditions specific to their design and/or operation. Such conditions ensure compatibility among building types so that different uses may be located in proximity to one another without adverse affects to either. Each use shall be permitted in compliance with the conditions listed in this article.

(Ord. No. 12-03, § 2(3-210), 6-20-2012)

In evaluating an approval of a conditional use under this code, the following evaluation criteria are to apply. It is the applicant's responsibility to justify that each one of the following criteria is met:

(1)

Compliance with the town's growth management plan.

(2)

Consistent with the "character and purpose" of the zoning district.

(3)

The size, shape and character of the property are suited for the proposed use.

(4)

Is compatible with the exiting uses near the property.

(5)

Will not adversely affect the development of the general neighborhood or district.

(6)

Will not generate vehicular traffic or create vehicular circulation problems or parking demands that have an unfavorable impact on surrounding properties when compared with uses permitted by right in the same district.

(7)

Potential for fire and/or other equally or greater dangerous hazards.

(8)

Create an unfavorable environmental impact on surrounding uses (e.g., noise, glare, smoke, dust, odor, fumes, water pollution, or general nuisance).

(9)

Is consistent with existing and planned pedestrian and vehicular circulation adjacent to and near the property.

(10)

Site is adequately served by essential public services and facilities not requiring additional public expense in infrastructure improvements.

(11)

Will not adversely affect any site or feature of historical, cultural, natural or scenic importance.

(12)

Will not be contrary to the public health, safety, and welfare, provided that a denial based exclusively on this language shall include explicitly findings regarding the way in which granting the special exception would be contrary to the public health, safety and welfare.

(Ord. No. 12-03, § 2(3-211), 6-20-2012)

The additional conditional use standards in this section will apply when there is a need for a conditional use approval. Conditional uses are approved after a public hearing by the town council.

(1)

Amusement facility (transit corridor district).

a.

Outdoor amusement lots shall be separated by an opaque hedge screen at least six feet in height from any abutting property located in a residential or mixed use district.

b.

No amusement facilities, such as miniature golf courses, skateboard courses, or mechanical rides, shall be located within 200 feet of any abutting property located in a residential district.

c.

Hours of operation shall be no earlier than 8:00 a.m. and no later than 11:00 p.m.

(2)

Automotive/boat/truck sales, service, and repair (transit corridor and town center districts).

a.

Large surface parking/display lots shall be visually and functionally segmented into several smaller lots, no larger than 36 parking spaces, 18 feet long and nine feet wide each.

b.

The size of any single lot shall be limited to one and one-half acres, unless divided by a street, principal building, or 15-foot landscape buffer area. All areas shall be connected internally with sidewalks and landscaping following the requirements of this code.

c.

No outdoor public address system shall be permitted which can be heard beyond the boundaries of the property.

d.

Service and repair activities shall operate during regular business hours, no earlier than 7:00 a.m. and no later than 8:00 p.m.

e.

Service and repair activities are not permitted outdoor.

(3)

Bar and nightclub (neighborhood center and transit corridor districts).

a.

No bar or nightclub shall be permitted within 300 feet of any ER or SR district, religious facility, or civic use.

b.

Parking requirements may be satisfied using shared parking, off-street parking areas, or on-street parking. These types of arrangements require the town's approval of a parking plan, prepared by the town's traffic engineer indicating methods to prevent the encroachment of parking into any adjacent area, following the shared parking requirements of article X of this chapter.

(4)

Conservatory, health and fitness, martial arts or dance studio (neighborhood center district). When determining impacts on surrounding uses and neighborhood compatibility, traffic and on-site stacking and circulation shall be considered. The town will prepare a traffic management plan prior to conditional use approval. The plan must be prepared the town's traffic engineer and indicate methods to resolve internal/external traffic conflicts due to ingress, egress, stacking, drop-off, pick-up, and other parking issues related to the site and adjoining properties. The plan should be supported by a traffic study prepared by the town, which demonstrates that vehicular access and circulation standards are being met and that pedestrian and vehicular circulation can be provided in an efficient and safe manner.

(5)

Drive-thru (neighborhood center and town center districts).

a.

Vehicle storage for drive-thru windows shall be located outside of and physically separated from right-of-way of any street. The area shall not interfere with efficient internal circulation of traffic on the site, adjacent property, or adjacent street right-of-way.

b.

Drive-thru window facilities shall be screened from off-site view and street rights-of-way by a landscape buffer with a minimum width of ten feet, extending along the entire length of the drive-thru queuing or stacking area. A permanent porte-cochere may be constructed over the drive-thru at the service window area. It shall be a minimum of ten feet in width, extend the width of the drive, be integrated structurally into the building, and match the architecture of the building. The porte-cochere may not encroach into the side setback.

(6)

Educational facility/school (public or private) (neighborhood center, transit corridor, town center and institutional districts).

a.

When determining impacts on surrounding uses and neighborhood compatibility, traffic and on-site stacking and circulation shall be considered. A traffic management plan shall be prepared by the town prior to conditional use approval. The plan must be prepared by the town's traffic engineer and indicate methods to resolve internal/external traffic conflicts due to ingress, egress, stacking, drop-off, pick-up, and other parking issues related to the site and adjoining properties. The plan should be supported by a traffic study, which is prepared by the town and demonstrates that vehicular access and circulation standards are being met and that pedestrian and vehicular circulation can be provided in an efficient and safe manner.

b.

All traffic calming, signage and any proposed changes to traffic lanes on any roadways associated with the school must obtain prior approval from the county public works department.

c.

All outdoor play areas shall be buffered from any residential uses for the purpose of mitigating noise.

d.

No off-site parking or queuing is permitted at anytime of the day.

e.

An accumulation assessment is required to meet all county standards.

(7)

Neighborhood convenience store (neighborhood center).

a.

Neighborhood convenience stores shall have no more than two fuel service islands serving no more than four vehicles at any one time.

b.

Buildings shall meet the requirements of article VI of this chapter.

c.

Pumps, canopies, and associated service areas are prohibited within any required yard and 15 feet of an abutting street.

d.

The building shall not exceed 5,000 square feet in gross floor area.

(8)

Office (with 50 or more parking spaces) (neighborhood center). When determining impacts on surrounding uses and neighborhood compatibility, traffic and on-site stacking and circulation shall be considered. A traffic management plan shall be prepared by the town prior to conditional use approval. The plan must be prepared by a the town's traffic engineer and indicate methods to resolve internal/external traffic conflicts due to ingress, egress, stacking, and other parking issues related to the site and adjoining properties. The plan should be supported by a traffic study, which is prepared by the town and demonstrates that vehicular access and circulation standards are being met and that pedestrian and vehicular circulation can be provided in an efficient and safe manner.

(9)

Parking structure (transit corridor and town center districts). Parking structures shall be wrapped by commercial, office, and/or other permitted uses within the district along first level street edges. The structures primary facade adjoining streets shall incorporate two of the following:

a.

Transparent display windows where pedestrian-oriented businesses are located along the facade of the parking structure.

b.

Decorative metal grille-work or similar detailing which provides texture and partially and/or fully covers the parking structure openings.

c.

Art or architectural treatment such as sculpture, mosaic, glass block, opaque art glass, relief work, or similar features.

d.

Vertical trellis or other landscaping or pedestrian plaza area.

(10)

Veterinarian office (neighborhood center). The applicant shall provide an adjacent, enclosed lawn area greater than 500 square feet for walking of animals and provide an ancillary plan for picking up and disposing of any animal waste.

(11)

Pain management clinic (transit district).

a.

The review of a conditional use application for a pain management clinic may include the consideration of the specific registration criteria for pain management clinics in F.S. §§ 458.3265 and 459.0137, as may be amended from time to time.

b.

Prior to issuance of a certificate of use, a pain management clinic shall provide proof of registration with the state department of health.

c.

The full disclosure of the owners and operators of the facility are required at the time of the application for conditional use.

d.

An approved pain management clinic shall, at the time of annual renewal of its business tax receipt, update its disclosure of the owners and operators of the facility and the clinic's designated physicians in accordance with F.S. § 465.022. The pain management clinic shall immediately report any change to this disclosure.

e.

The hours of operations shall be limited to 7:00 a.m. to 9:00 p.m., Monday through Saturday.

f.

It is prohibited for the facility to operate any outdoor seating areas, queues or exterior customer waiting areas at any time. No activities shall be conducted outside of a completely enclosed structure.

g.

No pain management clinic shall be permitted to locate within a 1,000-foot radius of any pharmacy, another pain management clinic, child care center, religious facility or K-12 grade educational facility (public or private). The application for a conditional use approval shall include a certified survey indicating the distance in linear feet between the nearest point of the structure of the proposed pain management clinic and the nearest point of the structure of any existing pharmacy, pain management clinic, child care center, religious facility or K-12 grade educational facility (public or private).

(12)

Gold buying business (transit district). Any business that operates exclusively to buy gold from the public, and is not a retail jewelry store, will be subject to approval by the town council at a public hearing.

(13)

Retail (exceeding 25,000 square feet but less than 55,000 square feet as a single use)(neighborhood center district). When determining impacts on surrounding uses and neighborhood compatibility, traffic and on-site stacking and circulation shall be considered. A traffic management plan shall be prepared by the town prior to conditional use approval. The plan must be prepared by the town's traffic engineer and indicate methods to resolved internal/external traffic conflicts due to ingress, egress, stacking, and other parking issues related to the site and adjoining properties. The plan should be supported by a traffic study, which is prepared by the town and demonstrates that vehicular access and circulation standards are being met and that pedestrian and vehicular circulation can be provided in an efficient and safe manner.

(14)

Child care facility (neighborhood center district and institutional district).

a.

Child care facilities may be located on lots which provide ample open area in the form of a rear yard a minimum of 2,500 square feet. A center located adjacent to a park is exempt from this provision.

b.

Rear yards shall be fenced or walled. The height for such walls or fences shall be six feet. Required recreational areas shall only be allowed within rear yards.

c.

All equipment shall be stored in the rear yard. Front yards shall not be fenced, nor used as playground areas.

d.

Require the town's approval of a traffic impact/traffic management plan prior to site plan approval. The study must be prepared by the town's traffic engineer and indicate methods to resolve internal/external traffic conflicts due to ingress, egress, stacking, drop-off, pick-up, and other parking issues related to the site and adjoining properties. The study shall demonstrate that vehicular access and circulation standards are being met and that pedestrian and vehicular circulation can be provided in an efficient and safe manner.

(Ord. No. 12-03, § 2(3-212), 6-20-2012; Ord. No. 13-08, § 2(3-212), 8-21-2013; Ord. No. 20-04, § 2(Exh. A), 6-17-2020; Ord. No. 20-04, § 2(Exh. A), 6-17-2020)