(a)

Generally. A special exception is a use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare of the community. Such uses may be permitted in such zoning district as special exceptions, only if specific permission for such special exception is provided for in this division.

(b)

Authority of council; procedures. The city council shall have the power to hear and act on petitions for special exceptions in accordance with the following. In addition to special exception uses contained elsewhere in this Code, all major developments as defined herein are declared special exception uses.

(1)

Special exception application and fees. Applications for special exceptions may be obtained from the office of the city clerk for submission to the city council. A filing fee of $150.00 must accompany said application for the purpose of covering the costs of investigations, and other operations incidental to the consideration of the matter by the city council. The cost of providing required notifications and publications for public hearings shall be borne by the applicant.

(2)

Application information. The application shall contain information as required for site plan approval and shall be processed in the same manner as site plans, except that prior to approving, approving with conditions or denying the application, the city council shall hold a public hearing on the matter. The public hearing shall be noticed by either an advertisement in a newspaper serving the city or by mailing a notice to all property owners in the city. The notice shall contain the time, date, place, and purpose of the hearing.

(3)

Notices. Failure of a property owner to receive notice shall not preclude action by the city council. If the notice is advertised in a newspaper, it shall appear not less than five days or more than ten days prior to the hearing. Mailed notices shall be sent at least ten days prior to the hearing.

(4)

Conditions and safeguards. In granting special exception approval, the city council may prescribe conditions and safeguards to the approval in conformity with the intent and provisions of this Code, the comprehensive plan, and critical area guidelines and regulations.

(c)

Conditions of approval. In the exercise of its authority in the approval of a special exception, the city council shall be guided by the following standards and show in its record that each factor was considered. Before final approval on a special exception is granted, the city council shall find in the case of these and any other significant factors that the purposes and requirements of this chapter have been met by the applicant. Special exception uses and their related accessory uses or any expansion, enlargement, or modification of an existing special exception use shall be permitted only upon authorization by the city council provided that such uses shall be found to comply with the following requirements and other applicable requirements as set forth in these regulations:

(1)

Ingress and egress to property and proposed structures thereon, with particular reference to automotive and pedestrian safety, traffic flow and control, and access in case of fire or catastrophe;

(2)

Off-street loading and parking areas, with particular attention to the items in subsection (c)(1) of this section and the economic, noise, glare, or odor effects of the location of such areas on adjoining properties;

(3)

Refuse and service areas, with particular reference to the items in subsections (c)(1) and (2) of this section;

(4)

Screening and buffering, with particular reference to type, dimensions, and character as it relates to adjacent properties;

(5)

Required yards and open space;

(6)

Signs and proposed exterior lighting with reference to glare, traffic, traffic safety, economic effects of the same on properties in the district, and compatibility, and harmony with nearby properties;

(7)

Height of structure as related to adjacent properties;

(8)

Economic effect;

(9)

That the use is a permitted special exception use as set forth in the schedule of zoning use regulations in article V of this chapter, or elsewhere in this subpart;

(10)

That the use is so designed, located, and proposed to be operated that the public health, safety, welfare and morals will be protected;

(11)

That the use will not cause substantial injury to the value of other property in the neighborhood where it is to be located;

(12)

That the use will be compatible with the existing development and that intended for the future within the neighborhood in which it is proposed;

(13)

That the use conforms with all applicable regulations governing the district where located including the comprehensive plan and critical area regulations.

(LDR 2002, §§ 26.02, 26.02.3)

(a)

Generally. The purpose of this article is to encourage the accomplishment of a more complete living or commercial environment, as the case may be, through the application of enlightened and imaginative approaches to community planning and shelter design. This alternative should introduce a variety of architectural solutions, provide for the preservation of natural features, desirable vegetative communities and scenic areas, reduce land consumption by roads, separate vehicular and pedestrian circulation systems, and originate approaches to a meaningful integration of open space within developments.

(b)

Application of district and site regulations. Although planned developments may depart from the strict application of use and property development regulations for the district in which the development is proposed to be located, such developments are to be in compliance with the comprehensive plan of the city, and platted of record in accordance with the procedures for approval of subdivision plats. Development shall be clustered in the least environmentally sensitive area of the lot. However, in no event shall a planned development be approved which exceeds the maximum height or density restrictions contained in this chapter, or where minimum open space requirements are reduced. Further, any use approved for a planned development shall be a use permitted in the appropriate zoning district.

(c)

Requirements and processing. A planned development shall be subject to approval as a special exception use. A commercial site may qualify as a planned development with a minimum of one-half acre, and a residential site may qualify with a minimum of one acre. In addition, to qualify as a planned development, a proposed project shall also comply with the following:

(1)

Any planned development in a residential district, or residential planned unit development (PUD), may have a maximum of 20 percent of the project's total floor area devoted to commercial uses and shall be clustered on the least environmentally sensitive portion of the site. Below are the maximum densities per acre consistent with the plan that shall be allowed for PUD's:

(2)

Any planned development in a commercial district, or planned commercial development (PCD), shall contain a minimum of two permitted commercial uses or a shopping center.

(3)

United control. All land included for the purpose of a planned development shall be owned or under the control of the applicant for such zoning designation, whether that applicant is an individual, partnership or corporation, or a group of individuals, partnerships or corporations. The petitioner shall present firm evidence of the unified control of the entire area within the proposed planned development and shall state agreement that, if he proceeds with the proposed development, he will:

a.

Do so in accord with the officially approved master site plan for the development and such other conditions that may be attached to the approval.

b.

Provide agreements, covenants, contracts, deed restrictions or sureties acceptable to the city for completion of the undertaking in accordance with the approval.

c.

Bind his development successors in title to any commitments made under subsections (3)a and b of this section.

d.

Provide sufficient statements and proof that ownership and control of the property will ensure permanent maintenance of common open space, common facilities, or common lands and the preservation of such, and that they will not become a future liability for the city.

(4)

A planned development application shall include the following:

a.

Information, graphs, tabular data, and maps as required for site plan approval;

b.

State and federal permits;

c.

Data on the impact the project will have on road facilities, utilities, and the like.

Further, the application shall include statements from the Florida Keys Aqueduct Authority, the Florida Keys electrical co-op, and waste management that sufficient capacity exists to serve the project.

(5)

For projects in the planned development future land use category, the application shall contain a survey of vegetative communities along with other requirements of the comprehensive plan.

(LDR 2002, § 26.03)