a)

In general. Conditional uses shall be generally limited to those uses or combination of uses which, because of their uniqueness, are not specifically identified as permitted uses or special exception uses within any zoning district in the Code.

b)

Application procedure. Written application shall be made to the Town for a conditional use in accordance with the procedures established for rezoning in Developmental Procedures and Regulations chapter. In addition, the applicant shall provide the following information:

1)

A conceptual plan showing buildings, parking and access locations, utility service points, proposed screening or buffering and any other information pertinent to the specific requested use of the site.

2)

A written statement specifically addressing the requirements and criteria considered when reviewing applications as stated in the Review Criteria below.

c)

Notification of public hearing. These requirements are superseded by the requirements of F.S. § 166.041(2), or as amended, when applicable.

1)

Adjoining owners. The Town shall send notice per F.S. § 166.041, or as amended, of the proposed action to the owners of all adjoining properties to the subject property, as well as to any owners of the subject property not party to the application, at least two (2) weeks prior to the Town Commission hearing. Such notice shall include the date, time and place of the public hearing, along with a clear and concise description of the proposed action. For the purposes of such notification, a property shall not be considered an adjoining property if it is separated from the subject property by a road, canal, easement, right-of-way or similar barrier greater than one hundred fifty (150) feet in width.

2)

Posting of property. At least seven (7) days prior to the hearing, the applicant shall post the property that is the subject of the proposed action with signs notifying the public of the proposed action, date of public hearing, and who to contact for further information. Signs shall be placed, at a minimum, along all public road frontages, with a minimum of one (1) sign per five hundred (500) feet along any one (1) frontage.

3)

Public advertisement. Notice of public hearing shall be published in a newspaper of general circulation within the Town at least ten (10) days prior to the final Town Commission meeting. Notice shall also be posted in a conspicuous location at the Town Hall, and may be posted at other public locations at the discretion of the Town.

d)

Procedure for public hearing. The following procedures are in addition to, or where in conflict superseded by, those required by state law.

1)

Technical Review Committee action. The Technical Review Committee shall review every conditional use application and make recommendations to the Town Commission.

2)

Town Commission action. The Town Commission shall consider the recommendations before taking action at the public hearing.

e)

Conditional reviews. Any annual or conditional review that is required will be done by the Planning and Zoning Board.

f)

General requirements and conditions.

1)

Conditions and safeguards. In granting any conditional use, the Town Commission may prescribe appropriate conditions and safeguards to ensure compliance with the requirements of this chapter and the Code in general. Such conditions may include time limits for the initiation and duration of the conditional use, specific minimum or maximum limits to regular Code requirements, or any other conditions reasonably related to the requirements and criteria of this chapter.

2)

Review criteria. When reviewing an application for a conditional use, the Town Commission shall consider the following requirements and criteria, including but not limited to:

A)

The proposed use must comply with the adopted Comprehensive Plan and Future Land Use Map.

B)

Traffic generation and access for the proposed use shall not adversely impact adjoining properties and the general public safety.

C)

Off-street parking, loading and service areas shall be provided and located such that there is no adverse impact on adjoining properties, beyond that generally experienced in the district.

D)

Required yards, screening or buffering, and landscaping shall be consistent with the district in general and the specific needs of abutting land uses.

E)

Size, location and number of conditional uses in an area shall be limited so as to maintain the overall character of the district as intended by this Code.

F)

Architectural and signage treatments shall comply with the general provisions applicable to permitted uses in the district, to the greatest extent possible, and be sensitive to surrounding development.

G)

The availability of utilities services (such as water, sewer, and solid waste) and recreational facilities.

3)

Inspection fee. If an inspection is required to insure compliance, a fee may be charged.

g)

Transfer or abandonment of a conditional use.

1)

Conditional uses may run with the owner or with the property. The Town Commission shall, at the time of approval, specify whether the conditional use runs with the owner or the property. If it runs with the owner, ownership of a conditional use cannot be transferred to another party unless the Town is notified.

2)

A conditional use that is not initiated within one (1) year of being granted shall not be established without a new application and public hearing in accordance with the procedures for such described in the Developmental Procedures and Regulations chapter. A conditional use that is abandoned for a period of one (1) year or more shall not be reestablished without a new application and public hearing in accordance with the procedures for such described in the Developmental Procedures and Regulations chapter.

a)

In general. A special exception is a use that would not be appropriate without restriction, but which, if controlled as to number, area, location or relation to the surrounding area, would promote the public health, safety and general welfare. Such use may be permitted in a zoning district as a special exception only if identified as such in this Code.

b)

Application procedure. Written application shall be made to the Town for a special exception in accordance with the procedures established for rezoning in the Developmental Procedures and Regulations chapter. In addition, the applicant shall provide the following information:

1)

A conceptual site plan showing buildings, parking and access locations, utility service points, proposed screening or buffering, and any other information or supplemental details necessary to address the review criteria and satisfy any specific requirement for such use described in this Chapter. The Town Manager may exempt an applicant from the requirements of a conceptual plan if it is not warranted.

2)

A written statement specifically addressing the requirements and criteria considered when reviewing applications as stated in the Review Criteria below and any special requirements for the specific uses as outlined in the Special Requirements and Conditions section below.

c)

Notification of public hearing. These requirements are superseded by the requirements of F.S. § 166.041(2), or as amended, when applicable.

1)

Adjoining owners. The Town shall send notice per F.S. § 166.041, or as amended, of the proposed action to the owners of all adjoining properties to the subject property, as well as to any owners of the subject property not party to the application, at least two (2) weeks prior to the Town Commission hearing. Such notice shall include the date, time and place of the public hearing, along with a clear and concise description of the proposed action. For the purposes of such notification, a property shall not be considered an adjoining property if it is separated from the subject property by a road, canal, easement, right-of-way or similar barrier greater than one hundred fifty (150) feet in width.

2)

Posting of property. At least seven (7) days prior to the hearing, the applicant shall post the property that is the subject of the proposed action with signs notifying the public of the proposed action, date of public hearing, and who to contact for further information. Signs shall be placed, at a minimum, along all public road frontages, with a minimum of one (1) sign per five hundred (500) feet along any one (1) frontage.

3)

Public advertisement. Notice of public hearing shall be published in a newspaper of general circulation within the Town at least ten (10) days prior to the final Town Commission meeting. Notice shall also be posted in a conspicuous location at the Town Hall, and may be posted at other public locations at the discretion of the Town.

d)

Procedure for public hearing. The following procedures are in addition to, or where in conflict superseded by, those required by state law.

1)

Technical Review Committee action. The Technical Review Committee shall review every special exception application and make recommendations to the Town Commission.

2)

Town Commission action. The Town Commission shall consider the recommendations before taking action at the public hearing.

e)

General requirements and conditions.

1)

Conditions and safeguards. In granting any special exception, the Town Commission may prescribe appropriate conditions and safeguards to ensure compliance with the requirements of this chapter and the Code in general. Such conditions may include time limits for the initiation of the special exception use, specific minimum or maximum limits to regular Code requirements, or any other conditions reasonably related to the requirements and criteria of this chapter.

2)

Review criteria. When reviewing an application for a special exception the Town Commission shall consider the following requirements and criteria, including but not limited to:

A)

Traffic generation and access for the proposed use shall not adversely impact adjoining properties and the general public safety.

B)

Off-street parking, loading and service areas shall be provided and located such that there is no adverse impact on adjoining properties, beyond that generally experienced in the district.

C)

Required yards, screening or buffering, and landscaping shall be consistent with the district in general and the specific needs of the abutting land uses.

D)

Size, location or number of special exception uses in the area shall be limited so as to maintain the overall character of the district as intended by this Code.

E)

Architectural and signage treatments shall comply with the general provisions applicable to permitted uses in the district, to the greatest extent possible, and be sensitive to surrounding development.

F)

The availability of utilities services (such as water, sewer, and solid waste) and recreational facilities.

f)

Transfer or abandonment of special exceptions. Special exceptions run with the property and the ownership of a special exception use may be transferred to another party. A special exception use that is not initiated within one (1) year of being granted shall not be established without a new public hearing in accordance with requirements of this chapter.

g)

Special requirements and conditions. For those special exception uses (SEU) listed below, the following special requirements shall apply in addition to those described above. Buffering requirements within this section shall be in conformance with the Zoning District Regulations chapter of this Code, unless otherwise specified.

Unless the method for measurement is specifically described herein, the distance between specific uses shall be measured by a straight line drawn from the nearest point of each lot, parcel or site to each other.

1)

Adult congregate living facilities. (SEU in MF-12). A special exception may be granted under the following conditions, including but not limited to:

A)

The proposed site shall be a minimum of one (1) acre.

B)

The proposed site shall front on an arterial or collector roadway.

C)

Buffering shall be provided based on a Buffer Class "B" for service and loading areas, and Class "A" for the remainder of the use.

D)

The maximum density shall not exceed that permitted within the underlying district.

2)

Agriculture: Processing (except for packing and slaughterhouses). (SEU in AG-1). A special exception may be granted under the following conditions, including but not limited to:

A)

This use shall not include citrus concentrate plants.

B)

The proposed site shall front on an arterial or collector roadway.

C)

Buffer Class "C" shall be provided adjacent to residential uses.

3)

Athletic/sports facilities. (SEU in LC). A special exception may be granted under the following conditions, including but not limited to:

A)

The Town shall decide if the proposed site may front on an arterial, collector or local roadway, as appropriate.

B)

A proposed corner site shall not abut a residential lot unless access is prohibited to the street upon which both lots front.

C)

Buffering shall be provided based on a Buffer Class "B" for parking, loading and service areas which abut any residential zone.

4)

Banks. (SEU in LC). A special exception may be granted under the following conditions, including but not limited to:

A)

The Town shall decide if the proposed site may front on an arterial, collector or local roadway, as appropriate.

B)

Buffer Class "C" shall be provided where drive-thru lanes are adjacent to residential uses; Buffer Class "B" shall be provided elsewhere.

5)

Bed and breakfast inn. (SEU in MX-5 and AG-1). A special exception may be granted under the following conditions, including but not limited to:

A)

There must be no appearance of commercial activity and the structure must maintain its residential character.

B)

The facility must be owner occupied and managed.

C)

Parking requirements: Two (2) parking spaces for the dwelling, plus one (1) space per guest room must be provided. The Parking must be in the rear yard.

D)

The number of rental rooms shall be limited to three (3) for a small homestay and five (5) for a medium homestay.

E)

Signs: One (1) sign not to exceed three (3) square feet may be permitted to identify the establishment. The sign must be constructed of sand-blasted wood, ornamental iron, or other materials as approved. Portable and neon signs shall not be allowed.

F)

Food preparation: The only meal to be provided to guests shall be breakfast and it shall be served only to guests taking lodging in the facility.

G)

The architectural integrity of the interior of the existing structure must be maintained. The interior may not be structurally altered except as required to meet health, building, fire, safety and sanitation requirements.

H)

Other conditions may be deemed necessary by the Town Commission to protect the health, safety and welfare of the general public.

6)

Boat sales. (SEU in HC). A special exception may be granted under the following conditions, including but not limited to:

A)

The proposed site shall front on an arterial or collector roadway.

B)

The proposed site shall be a minimum of one (1) acre.

C)

Boats shall only be displayed for sale in inside a building and/or within designated sales areas as shown on the approved site plan. Boats shall not be displayed in automobile parking spaces.

D)

Buffering shall be provided based on a Buffer Class "B".

7)

Commercial recreation facilities. (SEU in CT and LC). A special exception may be granted under the following conditions, including but not limited to:

A)

The proposed site shall front on an arterial or collector roadway.

B)

When allowed in a CT zone:

1.

The proposed site shall be a minimum of ten (10) acres.

2.

The proposed site shall be at least one thousand (1,000) feet from a residential zone measured along right-of-way centerlines.

3.

Buffering shall be provided based on a Buffer Class "C".

C)

When allowed in an LC zone:

1.

The proposed site shall be at least two hundred (200) feet from the nearest house of worship, school or day care center, with the distance being measured between the closest property line of each site.

2.

Buffering shall be provided based on a Buffer Class "B".

3.

The proposed site shall be at least two hundred (200) feet from a residential zone measured along right-of-way centerlines.

8)

(Licensed) community residential homes, with more than six (6) residents. (SEU in RS-3, RS-6, MX-5, and MX-8). A special exception may be granted under the following conditions, including but not limited to:

A)

The proposed facility shall be compatible with the neighborhood in its physical size.

B)

The proposed facility is not within twelve hundred (1,200) feet of an existing facility of a similar use.

C)

The proposed structure would not alter the character of the neighborhood.

D)

Adequate parking and infrastructure facilities are provided.

E)

Buffering shall be provided based on a Buffer Class "B".

9)

Contractors office with enclosed storage area. (SEU in HC). A special exception may be granted under the following conditions, including but not limited to:

A)

The proposed site shall front on an arterial or collector roadway.

B)

The proposed site shall be a minimum of two (2) acres.

C)

Buffering shall be provided based on a Buffer Class "B".

D)

Outdoor storage of shall be screened with a six (6) foot high opaque fence or wall.

10)

Convenience stores with fuel operations. (SEU in LC). A special exception may be granted under the following conditions, including but not limited to:

A)

The proposed site shall front on an arterial or collector roadway.

B)

When allowed in a LC zone:

1.

The proposed site shall be at least one (1) acre in size.

2.

Buffer Class "C" shall be provided adjacent to residential uses.

C)

When allowed in HC zone:

1.

The propose site shall be at least one-half (½) acre in size.

2.

Buffer Class "C" shall be provided adjacent to residential uses.

3.

Canopies must maintain a fifty (50) foot setback from Highway 27/441.

11)

Day care centers. (SEU in MF-12 and RP). A special exception may be granted under the following conditions, including but not limited to:

A)

The proposed site shall be a minimum of fifteen thousand (15,000) square feet with a minimum lot width of one hundred (100) feet.

B)

The Town shall decide if the proposed site may front on an arterial, collector or local roadway, as appropriate.

C)

A minimum of four thousand (4,000) square feet of outside play area shall be provided for the first twenty (20) children or less, and one hundred (100) square feet of play area per child for the next one hundred (100) children.

D)

The play area shall be completely enclosed with a minimum six (6) foot high opaque wall or fence to be constructed as part of the required buffer yard.

E)

Buffering shall be provided based on a Buffer Class "B".

12)

Equipment rental. (SEU in HC). A special exception may be granted under the following conditions, including but not limited to:

A)

The proposed site shall front on an arterial or collector roadway.

B)

Equipment shall only be displayed for rent or sale in inside a building and/or within designated display areas as shown on the approved site plan. Equipment shall not be displayed in automobile parking spaces.

C)

All equipment for rent shall be stored within a building or behind a six (6) foot high opaque fenced, or walled area at the end of each day.

13)

Farmers markets. (SEU in HC). A special exception may be granted under the following conditions, including but not limited to:

A)

The proposed site shall front on an arterial or collector roadway.

B)

The proposed site shall not abut a residential lot.

C)

The proposed site shall be a minimum of three (3) acres with a minimum of two hundred (200) feet of frontage.

D)

A maximum of twenty (20) percent of the site shall be devoted to sales area.

E)

Required parking shall be provided at a ratio of two (2) spaces for every one hundred (100) square feet of sales area.

F)

All refuse shall be removed from the site at the end of each day.

14)

Games/video arcade. (SEU in HC). A special exception may be granted under the following conditions, including but not limited to:

A)

The proposed site shall front on an arterial or collector roadway.

B)

The proposed site shall be at least two hundred (200) feet from the nearest house of worship, school or day care center, with the distance being measured between the closest property line of each site.

C)

Buffering shall be provided based on a Buffer Class "B".

D)

The proposed site shall be at least two hundred (200) feet from a residential zone measured along right-of-way centerlines.

15)

Gun and archery range. (SEU in HC). A special exception may be granted under the following conditions, including but not limited to:

A)

Proposed gun range shall be located indoors.

B)

Proposed archery range shall be located on a site of at least one (1) acre.

C)

Proposed archery range shall be completely enclosed within an eight (8) foot fence or wall.

16)

Health/exercise clubs. (SEU in RP and LC). A special exception may be granted under the following conditions, including but not limited to:

A)

The proposed site shall front on an arterial or collector roadway.

B)

A proposed corner site shall not abut a residential lot unless access is prohibited to the street upon which both lots front.

C)

Additional buffering and special design shall be provided to effectively prevent illumination of adjoining residential land due to outdoor lighting of courts, fields, pools, or parking areas associated with the club or center.

17)

Horses, commercial stables, dude ranch, riding academy, boarding stable. (Allowed SEU in AG-1). A special exception may be granted under the following conditions, including but not limited to:

A)

The proposed site shall be at least ten (10) acres.

B)

Structures housing the animals shall be at least two hundred (200) feet from the nearest right-of-way line of any public street, county road, state or federal highway or the adjacent boundary of property owned by others.

C)

The Town shall decide if the proposed site may be located on an arterial, collector or local roadway, as appropriate.

18)

Manufacturing: Craftsman shop. (SEU in LC). A special exception may be granted under the following conditions, including but not limited to:

A)

The Town shall decide if the proposed site may front on an arterial, collector or local roadway, as appropriate.

B)

General retail sales and services shall not be permitted.

C)

Buffer Class "C" shall be provided adjacent to residential uses.

19)

Manufactured home, standard design (SDMH). (SEU in MH-9). A special exception may be granted under the following conditions, including but not limited to:

A)

These conditions apply to placement of an SDMH in either a rental park or subdivision.

B)

All development standards, development requirements and design standards specified in the Zoning District Regulations chapter for the MH-9 district shall apply.

20)

Mini-storage warehouses. (SEU in LC). A special exception may be granted under the following conditions, including but not limited to:

A)

Warehouse buildings shall be screened from any public rights-of-way by a six (6) foot high opaque fence or wall with a bufferyard planted along the street side of the fence or wall.

B)

The proposed site shall be a minimum of two (2) acres.

C)

The proposed site shall front on an arterial or collector roadway.

E)

The mini-warehouses are to be used solely for the purposes of storage; retail sales and services, wholesale, manufacturing or other commercial uses are expressly prohibited.

21)

Mobile home sales. (SEU in HC). A special exception may be granted under the following conditions, including but not limited to:

A)

The proposed site shall front on an arterial roadway.

B)

The proposed site shall be a minimum of two (2) acres.

C)

Buffering shall be provided based on a Buffer Class "B".

22)

Motor vehicle dealer sales. (SEU in HC). A special exception may be granted under the following conditions, including but not limited to:

A)

The proposed site shall front on an arterial roadway.

B)

The proposed site shall be a minimum of two (2) acres.

C)

Buffering shall be provided based on a Buffer Class "B".

23)

Motor vehicle repair facility. (SEU in HC). A special exception may be granted under the following conditions, including but not limited to:

A)

The proposed site shall not abut a residential lot.

B)

Buffering shall be provided based on a Buffer Class "B"; or a six (6) foot high opaque fence surrounding all work areas and storage areas may be substituted in lieu of such buffering.

C)

The proposed site shall front on an arterial or collector roadway.

24)

Motor vehicle R.C. and boat storage facilities. (SEU in HC). A special exception may be granted under the following conditions, including but not limited to:

A)

The proposed site shall be a minimum of two (2) acres.

B)

Buffering shall be provided based on a Buffer Class "C".

C)

The storage area shall be screened with a six (6) foot opaque fence or wall.

25)

Motor vehicle towing and impoundment facility. (SEU in HC). A special exception may be granted under the following conditions, including but not limited to:

A)

Buffering shall be provided based on a Buffer Class "B" for storage areas or a six (6) foot high opaque fence may be substituted in lieu of buffering.

B)

The proposed site shall front on an arterial or collector roadway.

C)

The use shall be for a limited period of time to be determined by the Town.

26)

Nursing homes. (SEU in MF-12). A special exception may be granted under the following conditions, including but not limited to:

A)

The proposed site shall front on an arterial or collector roadway.

B)

Buffering shall be provided based on a Buffer Class "C" for service and loading areas, and Buffer Class "B" for the remainder of the site.

C)

Proof of licensing by the appropriate jurisdictional agency will be required prior to final development approval.

27)

Offices. (SEU in MF-12). A special exception may be granted under the following conditions, including but not limited to:

A)

The Town shall decide if the proposed site may front on an arterial, collector or local roadway.

B)

Buffering shall be provided based on Buffer Class "A".

C)

Adequate parking must be provided.

28)

Office/warehouse facilities. (SEU in RP and LC). A special exception may be granted under the following conditions, including but not limited to:

A)

General retail sales and services shall not be permitted.

B)

Warehouse space shall be used for storage purposes. No manufacturing, processing or craftsman of any kind shall be permitted.

C)

No commercial vehicles (semi trailers) shall be parked on the site overnight.

D)

Buffering shall be provided based on a Buffer Class "C" for access drives and other areas specifically designed to serve the warehouse facilities, and Buffer Class "B" for the remainder of the site.

29)

Offset printing. (SEU in LC). A special exception may be granted under the following conditions, including but not limited to:

A)

The Town shall decide if the proposed site may front on an arterial, collector or local roadway, as appropriate.

B)

The proposed facility shall contain less than one thousand five hundred (1,500) square feet of service and storage area.

30)

Public use recreational facilities, including marinas. (SEU in RS-3, RS-6, MX-5, MX-8). A special exception may be granted under the following conditions, including but not limited to:

A)

The Town shall decide if the proposed site may front on an arterial, collector or local roadway.

B)

Adequate parking and infrastructure must be provided.

C)

Additional buffering and special design shall be provided to effectively prevent illumination of adjoining residential areas due to outdoor lighting.

31)

Recreational vehicle (RV) Park. (SEU in CT). A special exception may be granted under the following conditions, including but not limited to:

A)

The proposed site may front on an arterial, collector or local roadway.

B)

The proposed site shall be a minimum of five (5) acres.

C)

The proposed site shall be designated and used for short-term, transient accommodation (no tents) of:

1.

Travel trailers.

2.

Vehicles with sleeping accommodations.

3.

Other similar type facilities.

D)

No additions shall be allowed (such as but not limited to, carports, screened rooms, or utility sheds) to any RV, trailer, or any vehicle with sleeping accommodations.

E)

An occupant of one (1) of the spaces (other than those employed to maintain the site) shall remain in the same facility no longer than one hundred eighty (180) days out of every three hundred and sixty-five (365) days.

F)

Convenience establishments, such as grocery stores, souvenir shops, restaurants and laundries may be permitted provided the convenience establishments shall not be advertised for patronage by the general public.

G)

Restrooms and shower facilities shall be provided based upon the following:

1.

Men's toilets: One (1) for every thirty (30) spaces, or fraction thereof.

2.

Men's urinals: One (1) for every fifty (50) spaces, or fraction thereof.

3.

Men's lavatories: One (1) for every twenty (20) spaces, or fraction thereof.

4.

Women's toilets: One (1) for every fifteen (15) spaces, or fraction thereof.

5.

Women's lavatories: One (1) for every twenty (20) spaces, or fraction thereof.

6.

Showers: One (1) for each sex for every one hundred (100) spaces, or fraction thereof.

H)

Sanitary stations for disposal of recreation vehicle and lodging waste shall be provided at a ratio of one (1) for every one hundred (100) spaces, or fraction thereof.

I)

Interior streets shall be designed as follows:

1.

All one (1) way streets shall have a minimum pavement width of twelve (12) feet.

2.

All two (2) way streets shall have a minimum pavement width of twenty-four (24) feet.

J)

The minimum lot space shall be two thousand five hundred (2,500) square feet.

K)

The minimum lot space width shall be twenty-five (25) feet.

L)

Minimum setback requirements.

1.

Front yard setback

a.

Local roadway: Twenty-five (25) feet.

b.

Collector roadway: Thirty-five (35) feet.

c.

Arterial roadway: Fifty (50) feet.

d.

Interior paved streets: Twenty (20) feet.

2.

Side yard setback when adjoining.

a.

Another lot: Five (5) feet.

b.

Local roadway: Twenty-five (25) feet.

c.

Collector roadway: Thirty-five (35) feet.

d.

Arterial roadway: Fifty (50) feet.

e.

Interior paved streets: Twenty (20) feet.

3.

Rear yard setback: Ten (10) feet.

M)

Master park plans shall be submitted at the time of application and final site development plans must be submitted in accordance with the improvement standards (i.e., water, sewer, drainage, etc., in other chapters of this Code.

32)

Restaurant. (SEU in LC, MX-8, and MH-9). A special exception may be granted under the following conditions, including but not limited to:

A)

The proposed site in an LC district shall front on an arterial or collector roadway.

B)

No drive thru service shall be permitted.

C)

Buffer Class "C" shall be provided adjacent to residential.

D)

The restaurant shall only be allowed in MX-8 or MH-9 districts if it is part of the permitted use development, in which case the establishment shall not be advertised for patronage by the general public.

33)

Retail nurseries and garden supplies. (SEU in AG-1). A special exception may be granted under the following conditions, including but not limited to:

A)

The Town shall decide if the proposed site may front on an arterial, collector or local roadway, as appropriate.

B)

The proposed site shall be a minimum of two (2) acres.

34)

Single-family residential dwelling unit. (SEU in I). A special exception may be granted under the following conditions, including but not limited to:

A)

The dwelling unit can be either a mobile home or a single-family conventional dwelling.

B)

The dwelling unit must be on the site of a permitted use and is to be used exclusively by the owner or caretaker.

35)

Small scale commercial land uses, five thousand (5,000) square feet (GFA) or less. (SEU in MF-12). A special exception may be granted under the following conditions, including but not limited to:

A)

The site shall front on an arterial or collector roadway.

B)

Buffer class "A" shall be provided adjacent to residential.

C)

Adequate parking shall be provided.

D)

The proposed facility shall be compatible with the neighborhood.

36)

Trucking terminal. (SEU in HC). A special exception may be granted under the following conditions, including but not limited to:

A)

The proposed site shall not abut a residential lot.

B)

The proposed site shall front on an arterial roadway.

C)

The proposed site shall contain at least five (5) acres.

D)

A traffic study shall be required at time of site plan approval.

37)

Two-family (duplex) dwelling unit. (SEU in MX-5). A special exception may be granted under the following conditions, including but not limited to:

A)

The minimum lot width for a two-family dwelling unit shall be one hundred (100) feet.

B)

The minimum lot area shall be twelve thousand (12,000) square feet.

C)

The minimum rear yard setback shall be twenty five (25) feet.

D)

The minimum front and side yard setbacks shall be determined by the average dimension used for existing structures within two hundred (200) feet of the property, measured along the roadway frontage.

E)

Each unit shall contain a minimum living area of seven hundred (700) square feet.

38)

Veterinary clinic. (SEU in AG-1, RP and LC). A special exception may be granted under the following conditions, including but not limited to:

A)

The Town shall decide if the proposed site may front on an arterial, collector or local roadway, as appropriate.

B)

The proposed site shall be a minimum of one-half (½) acre.

C)

The proposed site shall be devoted to the sole purpose of the use, and shall not be part of any multi-tenant complex or multi-use property.

D)

All animal and confinement areas shall be in an air-conditioned and sound attenuated building.

39)

Wholesalers and distributors. (SEU in LC). A special exception may be granted under the following conditions, including but not limited to:

A)

The site shall front on an arterial or collector roadway.

B)

General retail sales and services shall not be permitted.

C)

No manufacturing, processing or craftsman of any kind shall be permitted.

D)

No commercial vehicles (semi trailers) shall be parked on the site overnight.

E)

Buffering shall be provided based on Buffer Class "B".

(Ord. No. 2014-05, § 1(Exh. C), 8-4-2014; Ord. No. 2018-05, § 1(Exh. A), 2-5-18)