The purpose of this article is to ensure that a conditional use shall only be permitted on specific sites where the proposed use may be adequately accommodated without generating adverse impacts on properties and land uses within the immediate vicinity. This article sets forth provisions and criteria for consideration of conditional uses on specific sites. Conditional uses shall be permitted only upon a finding that the proposed use satisfies this article.

(Ord. No. 97-10, § 1(2-6.1), 7-3-1997)

(a)

Findings. A conditional use shall be permitted upon a finding by the planning board that the proposed use, application and, if applicable, development plan comply with the criteria specified in this section, including specific conditions established by the planning board and or the city commission during review of the respective application in order to ensure compliance with the comprehensive plan and land development regulations. If the proposed conditional use is a major development pursuant to sections 108-165 and 108-166, the city commission shall render the final determination pursuant to section 122-63. A conditional use shall be denied if the city determines that the proposed use does not meet the criteria provided in this section and, further, that the proposed conditional use is adverse to the public's interest. An application for a conditional use shall describe how the specific land use characteristics proposed meet the criteria described in subsection (c) of this section and shall include a description of any measures proposed to mitigate against possible adverse impacts of the proposed conditional use on properties in the immediate vicinity.

(b)

Characteristics of use described. The following characteristics of a proposed conditional use shall be clearly described as part of the conditional use application:

(1)

Scale and intensity of the proposed conditional use as measured by the following:

a.

Floor area ratio;

b.

Traffic generation;

c.

Square feet of enclosed building for each specific use;

d.

Proposed employment;

e.

Proposed number and type of service vehicles; and

f.

Off-street parking needs.

(2)

On- or off-site improvement needs generated by the proposed conditional use and not identified on the list in subsection (b)(1) of this section including the following:

a.

Utilities;

b.

Public facilities, especially any improvements required to ensure compliance with concurrency management as provided in chapter 94;

c.

Roadway or signalization improvements, or other similar improvements;

d.

Accessory structures or facilities; and

e.

Other unique facilities/structures proposed as part of site improvements.

(3)

On-site amenities proposed to enhance site and planned improvements. Amenities including mitigative techniques such as:

a.

Open space;

b.

Setbacks from adjacent properties;

c.

Screening and buffers;

d.

Landscaped berms proposed to mitigate against adverse impacts to adjacent sites; and

e.

Mitigative techniques for abating smoke, odor, noise, and other noxious impacts.

(c)

Criteria for conditional use review and approval. Applications for a conditional use shall clearly demonstrate the following:

(1)

Land use compatibility. The applicant shall demonstrate that the conditional use, including its proposed scale and intensity, traffic-generating characteristics, and off-site impacts are compatible and harmonious with adjacent land use and will not adversely impact land use activities in the immediate vicinity.

(2)

Sufficient site size, adequate site specifications, and infrastructure to accommodate the proposed use. The size and shape of the site, the proposed access and internal circulation, and the urban design enhancements must be adequate to accommodate the proposed scale and intensity of the conditional use requested. The site shall be of sufficient size to accommodate urban design amenities such as screening, buffers, landscaping, open space, off-street parking, efficient internal traffic circulation, infrastructure (i.e., refer to chapter 94 to ensure concurrency management requirements are met) and similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use.

(3)

Proper use of mitigative techniques. The applicant shall demonstrate that the conditional use and site plan have been designed to incorporate mitigative techniques needed to prevent adverse impacts to adjacent land uses. In addition, the design scheme shall appropriately address off-site impacts to ensure that land use activities in the immediate vicinity, including community infrastructure, are not burdened with adverse impacts detrimental to the general public health, safety and welfare.

(4)

Hazardous waste. The proposed use shall not generate hazardous waste or require use of hazardous materials in its operation without use of city-approved mitigative techniques designed to prevent any adverse impact to the general health, safety and welfare. The plan shall provide for appropriate identification of hazardous waste and hazardous material and shall regulate its use, storage and transfer consistent with best management principles and practices. No use which generates hazardous waste or uses hazardous materials shall be located in the city unless the specific location is consistent with the comprehensive plan and land development regulations and does not adversely impact wellfields, aquifer recharge areas, or other conservation resources.

(5)

Compliance with applicable laws and ordinances. A conditional use application shall demonstrate compliance with all applicable federal, state, county, and city laws and ordinances. Where permits are required from governmental agencies other than the city, these permits shall be obtained as a condition of approval. The city may affix other conditions to any approval of a conditional use in order to protect the public health, safety, and welfare.

(6)

Additional criteria applicable to specific land uses. Applicants for conditional use approval shall demonstrate that the proposed conditional use satisfies the following specific criteria designed to ensure against potential adverse impacts which may be associated with the proposed land use:

a.

Land uses within a conservation area. Land uses in conservation areas shall be reviewed with emphasis on compliance with section 108-1 and articles III, IV, V, VII and VIII of chapter 110 pertaining to environmental protection, especially compliance with criteria, including land use compatibility and mitigative measures related to wetland preservation, coastal resource impact analysis and shoreline protection, protection of marine life and fisheries, protection of flora and fauna, and floodplain protection. The size, scale and design of structures located within a conservation area shall be restricted in order to prevent and/or minimize adverse impacts on natural resources. Similarly, public uses should only be approved within a wetland or coastal high hazard area V zone when alternative upland locations are not feasible on an upland site outside the V zone.

b.

Residential development. Residential development proposed as a conditional use shall be reviewed for land use compatibility based on compliance with divisions 2 through 14 of article IV and divisions 2 and 3 of article V of this chapter pertaining to zoning district regulations, including size and dimension regulations impacting setbacks, lot coverage, height, mass of building, building coverage, and open space criteria. Land use compatibility also shall be measured by appearance, design, and land use compatibility criteria established in chapter 102; articles III, IV and V of chapter 108; section 108-956; and article II of chapter 110; especially protection of historic resources; subdivision of land; access, internal circulation, and off-street parking; as well as possible required mitigative measures such as landscaping and site design amenities.

c.

Commercial or mixed use development. Commercial or mixed use development proposed as a conditional use shall be reviewed for land use compatibility based on compliance with divisions 2 through 14 of article IV and divisions 2 and 3 of article V of this chapter pertaining to zoning district regulations, including size and dimension regulations impacting floor area ratio, setbacks, lot coverage, height, mass of buildings, building coverage, and open space criteria. Land use compatibility also shall be measured by appearance, design, and land use compatibility criteria established in chapter 102; articles I, II, IV and V of chapter 108; section 108-956; and article II of chapter 110; especially protection of historic resources; subdivision of land; access, pedestrian access and circulation; internal vehicular circulation together with access and egress to the site, and off-street parking; as well as possible required mitigative measures such as landscaping, buffering, and other site design amenities. Where commercial or mixed use development is proposed as a conditional use adjacent to U.S. 1, the development shall be required to provide mitigative measures to avoid potential adverse impacts to traffic flow along the U.S. 1 corridor, including but not limited to restrictions on access from and egress to U.S. 1, providing for signalization, acceleration and deceleration lanes, and/or other appropriate mitigative measures.

d.

Development within or adjacent to historic district. All development proposed as a conditional use within or adjacent to the historic district shall be reviewed based on applicable criteria stated in this section for residential, commercial, or mixed use development and shall also comply with appearance and design guidelines for historic structures and contributing structures and/or shall be required to provide special mitigative site and structural appearance and design attributes or amenities that reinforce the appearance, historic attributes, and amenities of structures within the historic district.

e.

Public facilities or institutional development. Public facilities or other institutional development proposed as a conditional use shall be reviewed based on land use compatibility and design criteria established for commercial and mixed use development. In addition, the city shall analyze the proposed site location and design attributes relative to other available sites and the comparative merits of the proposed site, considering professionally accepted principles and standards for the design and location of similar community facilities and public infrastructure. The city shall also consider compliance with relevant comprehensive plan assessments of community facility and infrastructure needs and location impacts relative to service area deficiencies or improvement needs.

f.

Commercial structures, uses and related activities within tidal waters.

The criteria for commercial structures, uses and related activities within tidal waters are as provided in section 122-1186.

g.

Adult entertainment establishments. The criteria for adult entertainment establishments are as provided in division 12 of article V of this chapter.

(Ord. No. 97-10, § 1(2-6.2), 7-3-1997; Ord. No. 01-13, § 1, 9-18-2001)

(a)

The application for a conditional use shall be on a form provided by the city planning office and shall be submitted to the city planning office. Required attachments, as stated on the application form, shall be submitted with the application. The development review committee shall perform a technical review of each proposed conditional use and provide comments to the planning department.

(b)

Upon receipt of the comments of the development review committee, the planning department shall review the project and provide a report with recommendations to the planning board. The planning board shall consider applications for a conditional use at a regularly scheduled board meeting. The planning board shall approve, approve with conditions or deny a proposed conditional use.

(c)

On all development, except major developments as defined in sections 108-165 and 108-166, the planning board's decision shall be final unless that decision is appealed to the city commission within ten days following the planning board's action. Refer to section 122-65. Where a conditional use is proposed as part of a major development as defined in sections 108-165 and 108-166, the planning board's decision regarding the conditional use approval is advisory only, and the final decision shall be rendered by the city commission when the major development plan is considered by the city commission.

(d)

A written record of findings by the planning board shall be maintained, including a written statement of all the following:

(1)

Conditions of approval; and

(2)

Findings supporting denial of a conditional use.

(e)

Revisions or additions to a conditional use shall be reviewed based on the criteria of section 122-62(b) and (c). The procedures governing such reviews shall be identical to the procedures identified for the respective development plan which are presented in article II of chapter 108. A conditional use shall expire if construction has not commenced within 12 months of approval. A conditional use may be extended only one time for 12 months by a favorable vote of the planning board or city commission, when the project is a major development, if the applicant submits a petition for such extension prior to the development plan's expiration and demonstrated reasonable cause for the extension. The burden of proof in justifying reasonable cause shall rest with the applicant.

(f)

A conditional use approval shall run with the land and is transferable to successors in ownership. The use must remain compliant with all applicable rules and regulations, including any specific conditions duly mandated by the city as a condition of the original conditional use approval. At the city's option, it may enforce an alleged violation of a conditional use approval either in a court of law or in the proceedings of the code enforcement special magistrate pursuant to the procedures set forth in chapter 2, article VI of the Code of Ordinances. For the purposes of this subsection, the terms "conditional use" and "special exception" are of equal meaning. Such a violation shall be enforceable under, and subject to the penalties provided in, chapter 86 and section 1-15 of the Code of Ordinances, or in accordance with any other applicable provision of the Code of Ordinances or of state law.

(g)

Dissolution. A property owner may voluntarily abandon or forfeit a conditional use permit. In order to effectuate the abandonment/forfeiture of the conditional use permit, the property owner must submit a notarized statement confirming the abandonment/forfeiture of the conditional use to the director of planning. Thereafter, the use shall be considered abandoned by the city and there shall be no right to nonconformity. The property owner shall also be required to file a change of use application in conjunction with the request to abandon/forfeit the conditional use permit in accordance with all applicable city standards.

(Ord. No. 97-10, § 1(2-6.3), 7-3-1997; Ord. No. 02-26, § 5, 11-6-2002; Ord. No. 06-12, § 1, 7-5-2006; Ord. No. 24-02, § 1, 2-8-2024)

Prior to taking any action under section 122-63 regarding conditional use approval, the planning board shall be required to notify the public in accordance with division 2 of article VIII of chapter 90. Such notice shall also be published before any action is taken on appeals to the city commission pursuant to section 122-65.

(Ord. No. 97-10, § 1(2-6.4), 7-3-1997; Ord. No. 00-04, § 14, 2-1-2000)

Any applicant for conditional use approval or any other aggrieved person having an interest therein may file an appeal to the city commission to review the action of the planning board in allowing or disallowing the application for a conditional use approval as provided in section 90-427 pertaining to final decisions of the planning board. The notice of appeal shall be in writing and filed with the city clerk within ten calendar days from the date of final action of the planning board. The city clerk shall place the matter of appeal on the city commission agenda as expeditiously as possible. The city commission shall thereupon set a date for a public hearing with regard to such appeal. After giving public notice thereof in such manner as the city commission shall prescribe, at which time all interested parties shall have the right to appear before the city commission in regard thereto, the city commission shall thereupon render its decision therein. The decision of the city commission shall be final, unless otherwise appealed to the courts. Where an appeal to an approved conditional use is upheld, any construction activity shall be stayed pursuant to the provisions of the city's building code. For a conditional use involving a major development, the final action rests with the city commission. Appeals to actions of the city commission shall be to the courts.

(Ord. No. 97-10, § 1(2-6.5), 7-3-1997)