This section is established to provide for the approval of conditional uses in various zoning districts, which are not allowed by right as permitted uses but which when subjected to careful review according to definite standards and procedures, including the opportunity for public notice and hearing where appropriate, can be conditionally approved.

(Ord. No. 196, § 1, 11-7-83)

Where specially authorized by the provisions of this ordinance and in accordance with all applicable law, the building inspector, planning commission, and city commission may act as the approving authority for particular conditional uses.

(Ord. No. 196, § 2, 11-7-83; Ord. No. 2024-04, § 2, 11-18-24)

A.

All applicants for a conditional use permit shall provide a site plan which accurately depicts existing and proposed structures and uses, density/intensity, open spaces, setbacks, parking, internal vehicle circulation, landscaping, utilities, easements, access points, signage, and other details reasonably required by the city planner based on the proposed use. If the facility is existing and no improvements are proposed, a current survey may be provided in lieu of a site plan, provided it contains the level of detail reasonably required by the city planner based on the proposed use.

B.

Conditional uses shall comply with applicable conditional use regulations and all other requirements of the City of Palmetto Code of Ordinances.

(Ord. No. 196, § 3, 11-7-83; Ord. No. 2012-07, § F, 8-6-12)

A.

Purpose and intent: This section is established to provide for the granting of special permits where allowed under the provisions of this ordinance. For the purposes of this ordinance, the term "special permit" means a special exception and "special exception" means a use that would not be appropriate generally or without restriction throughout the particular zoning district in which it is allowed, but which, if controlled as to number, area, location, relation to the neighborhood, mode of operation, size, design, establishment, construction, appearance, or similar matters, would promote the public health, safety, comfort, order, appearance, convenience, morals, prosperity, or general welfare.

B.

Authorization.

1.

Approving authority: The city commission shall decide all applications for special permits; provided, that where permitted by this ordinance, the city commission may authorize the planning commission to decide applications for particular types or classes of special permits by appropriate amendments to this ordinance.

2.

Restrictions, stipulations, and safeguards. In connection with the approval of any special permit under this section, the approving authority may make the grant of a special permit conditional upon such restrictions, stipulations, and safeguards as it may deem necessary to ensure compliance with the intent and purpose of this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the special permit is granted, shall be deemed a violation of this ordinance. Such restrictions, stipulations, and safeguards may include, but are not limited to:

(a)

Time limitations: Reasonable time limits within which the action for which the special permit is required shall be begun or completed, or maintained, as well as provisions for extensions or renewals.

(b)

Transfer: Limitations upon the transfer of the special permit to persons other than the applicant.

(c)

Guarantees: The posting by the applicant of a guarantee or bond in an appropriate form and reasonable amount.

(d)

Approval under past ordinances: Nothing in this ordinance shall in any way modify or abrogate any restrictions, stipulations, safeguards, time limitations, guarantees, or limitations upon the transfer to persons other than the applicant, which may have been applicable to or conditioned in connection with the approval of special exceptions granted prior to the effective date of this ordinance.

3.

Waiver of requirements: In connection with the approval of any special permit under this section, the approving authority may waive or modify any nonprocedural requirement of the use limitations or dimensional regulations of the district wherein located, or any other nonprocedural requirements of this ordinance and where:

(1)

Purpose and intent, the comprehensive plan: The waiver or modification is consistent with the stated purpose and intent of the applicable district regulations and this ordinance and is consistent with the comprehensive plan;

(2)

Public interest; adjacent property: The waiver or modification will not adversely impact on the public interest or on adjacent property and all necessary alternative measures shall be taken by the applicant to prevent any such impact;

(3)

Not discriminatory: The waiver or modification is not discriminatory, considering similar situations in the general area and in past decisions under this ordinance; and,

(4)

Purpose of requirement: The purpose of the requirement is otherwise fully achieved, or more important purposes of this ordinance or the comprehensive plan will be served thereby, or the requirement serves no valid public purpose in this particular case.

C.

Standards: The following standards shall apply to all applications for specific permit approval.

a.

Purpose and intent; the comprehensive plan: The proposal shall be consistent with the stated purpose and intent of the applicable district regulations and this ordinance, and consistent with the comprehensive plan.

b.

Applicable district regulations: The proposal shall comply, where applicable, to the regulations of the zoning district in which the proposed use is most commonly permitted.

c.

Compatibility: The proposal shall be compatible with surrounding land uses and the general character of the area, considering, without limitation, such factors as traffic, noise, drainage, dust, lighting, appearance, and effect on property values.

d.

Environment: The site shall be environmentally suitable for the proposed use and such use shall not have a substantially adverse impact on the natural environment. Soils, drainage, flood hazards, wildlife, and air and water quality shall be among the factors considered in this regard.

e.

Orderly development: The proposal shall be consistent with providing for efficient and orderly development, considering, without limitation, such factors as provision of public facilities and services, growth patterns, and energy conservation.

f.

Public facilities and services: Necessary public facilities and services, such as sanitation, water, drainage, emergency services, education, recreation, and similar facilities and services shall be adequate to serve the proposed use.

g.

Traffic: The proposal shall not create hazardous vehicular or pedestrian traffic conditions nor result in traffic exceeding the capacity of streets and intersections serving the use.

h.

Screening and buffering: The proposal shall include screening and buffering as necessary to minimize adverse impacts on surrounding land uses.

i.

Signs; lighting: Signs and outdoor lighting which may be involved in the proposal shall be designed to ensure that the use harmoniously fits into its surroundings.

D.

Procedures.

a.

Pre-application conference: Prior to filing an application for a special permit, the developer shall confer with the staff of the planning department to discuss informally the requirements of this section and the nature of his proposal. For the purposes of this conference the developer shall provide a sketch plan of the proposal drawn to scale, showing the general layout, the relationship to the surrounding area, and the general development program.

b.

Filing of application: Following the pre-application conference, the developer may file an application for a special permit prepared as provided below. Such application shall be filed with the building inspector in ten (10) copies, on such forms as the building inspector may provide.

1.

Submission requirement: All applications for special permits shall be submitted as provided below.

(a)

Preliminary site plans: All applications for special permits shall include a preliminary site plan, prepared in accordance with subdivision regulation requirement, site plans, unless specifically provided otherwise in this ordinance.

(b)

Requests for waivers or modifications: Any requirements of this ordinance which the applicant is requesting be waived or modified as may be allowed under this section, shall be clearly indicated by section and paragraph numbers in the application, together with the rationale for the request.

c.

Administrative review: Upon receipt of the application, the building inspector shall forward it to all appropriate city reviewing agencies, and shall initiate his review of the application for conformance with the standards of this section.

d.

Planning commission review.

(1)

Notice and hearing: The planning commission shall hold a public hearing on the application within a reasonable period of time following its receipt by the building inspector. Notice shall be provided in accordance with city ordinance regarding public hearings.

(2)

Decision: Within a reasonable period of time following the close of the public hearing on the application, the planning commission shall make its report and recommendation to the city commission for approval, approval with conditions or denial of the application, stating in writing its reasons for any recommendation of denial.

e.

city commission review.

(1)

Notice and hearing: The city commission shall hold a public hearing on the application, report, and recommendation of the planning commission within a reasonable period of time following receipt from the planning commission. Notice shall be provided in accordance with city ordinance regarding public hearings.

(2)

Decision: Within a reasonable period of time following the close of the public hearing, the city commission shall approve, approve with conditions or deny the application, furnishing the developer a written statement of the reasons for any denial; a special permit shall be granted upon an affirmative vote of a majority of all the members of the city commission.

(Ord. No. 196, § 4, 11-7-83; Ord. No. 2024-04, § 2, 11-18-24)

1.

Generally: All conditional permits hereafter granted pursuant to the ordinance shall be deemed to run with the land which was the subject of the conditional permit application, unless the provisions of this ordinance of the terms of the approval specifically provide that the conditional permit is issued personally to the applicant.

2.

Approval: The transfer of all conditional permits which do not run with the land shall require the prior approval by the same approving authority and according to the same procedures as for the original conditional permit. No such transfer shall be approved unless the subject property is in full compliance with this ordinance and the terms and conditions of the applicable conditional permit.

3.

Effect of transfer: Upon the transfer of any conditional permit, whether by virtue of it running with the land or by specific city approval, all rights, privilege, and obligations connected with such conditional permit shall pass entirely to the transferee unless the terms of transfer clearly indicate otherwise.

(Ord. No. 196, § 5, 11-7-83)

1.

Extensions.

a.

Applicability: Where an extension of a conditional permit is specifically authorized by the provisions of this ordinance or by the terms of any approval of a conditional permit, the holder of the conditional permit may request such an extension from the city commission. Such request shall be filed no later than thirty (30) days prior to the expiration date of the conditional permit.

b.

Review: The city commission shall inspect the conditional permit use; review the applicant's record of compliance with those restrictions, stipulations and safeguards previously imposed in connection with its prior approval, and make a determination on whether the conditional permit use still satisfies the special permit standards. Upon an favorable finding, the extension shall be issued. Upon an unfavorable finding, the request shall be denied.

c.

Applicable law: All ordinances and regulations in effect at the time an application is filed for an extension shall apply to the conditional permit in the same manner as when a new conditional permit is issued, except that no alteration of a structure shall be required if such structure was in conformity with the provisions of the Building Code and other applicable regulations at the time the conditional permit was first granted.

(Ord. No. 196, § 6, 11-7-83; Ord. No. 2024-04, § 2, 11-18-24)

1.

Expirations.

a.

Generally: Unless a time limit is specified for a conditional permit the same shall be valid for an indefinite period, but all conditional permits granted for a specified period shall automatically expire without notice at the end of such period unless extended or renewed pursuant to this section.

b.

Failure to commence: Where no building permit has been issued or the authorized use is not clearly established within six (6) months of the issuance of any special permit, the city commission may declare the conditional permit expired pursuant to the procedures of paragraph 3, procedure, below; provided, however, a different time limit may be established by the provisions of this ordinance or the terms of any conditional permit approval.

2.

Revocations: Where the holder of any conditional permit fails to observe any requirements of law with respect to the establishment and maintenance of the conditional use permitted and any terms, stipulations, conditions or requirements in connection with the respective conditional permit, the city commission, in accordance with the provisions of paragraph 3, procedure, below, may revoke such conditional permit.

3.

Procedure: Before revoking any conditional permit however, the city commission shall give the holder thereof at least ten (10) days written notice. If within such ten (10) days, the holder so requests in writing, the city commission shall hold a hearing on the proposed action and shall give the holder at least ten (10) days' advance written notice of the hearing date and place either by registered mail or by having the notification served personally on him or his agent for service of process under Florida Law.

4.

Other remedies preserved: The foregoing provisions shall not be deemed to preclude the use of any other remedy prescribed by law or by this ordinance with respect to violations of the provisions of this ordinance.

(Ord. No. 196, § 7, 11-7-83; Ord. No. 2024-04, § 2, 11-18-24)