A conditional use may be permitted in any specified zoning district when authorized by the city council. Conditional uses may be essentially desirable, necessary or convenient to the community, its citizenry or to substantial segments thereof, but which by their nature or in their operation have potentially adverse or objectionable features that are occasionally attributable to such use. Such use shall be consistent with the city's comprehensive plan. Conditional uses require additional development design standards or conditions to ensure design and use compatibility with adjacent uses and the development character of the surrounding neighborhood. Conditions of approval may require more restrictive development standards than established within a zoning district or the code, such as setbacks, building height and landscape buffer requirements to mitigate adverse impacts and ensure compatibility with surrounding properties. It shall be the responsibility of the applicant to demonstrate compliance with the standards and requirements of this article, chapter, and the code, as well as with specific conditions that may be required by the city council.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

An application for a conditional use must meet the following requirements:

(1)

A completed application form, along with all required supporting documents.

(2)

A fee as established by the city council.

(3)

A detailed survey or site plan, as required by the community development director, drawn to scale no larger than 11 inches by 17 inches showing location and dimensions of all existing and proposed structures and other improvements and setbacks of same and provisions for signage, off-street parking, and landscaping.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

All requests for conditional use shall be heard pursuant to public hearing requirements outlined in section 50-200(c)(2).

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

The standards described for conditional uses contained in this section shall supplement and be in addition to all other standards and criteria required within this chapter and the code. Prior to granting conditional use approval, the city council shall ensure that:

(1)

All structures and site development uses shall be separated from adjacent and nearby uses by appropriate screening devices or landscaped open area and provide for compatibility with adjacent uses and neighborhoods.

(2)

Excessive vehicular traffic is not generated on residential streets, and no vehicular parking or other traffic problem is created.

(3)

Appropriate drives (location of entry and exit points), walks and parking areas are proposed so that no vehicular traffic or parking problems are created.

(4)

Drainage problems will not be created on the subject property or adjacent properties.

(5)

All provisions and requirements of the zoning district in which the project is located will be met.

(6)

The conditional use shall be consistent with the city's comprehensive plan.

(7)

In approving a conditional use, the city council may establish and require additional safeguards to ensure proper operation of the use and provide protection to the surrounding area. Such safeguards may include but are not limited to:

a.

A time limit for acquiring development authorization;

b.

Hours of operation;

c.

Additional setbacks;

d.

Capacity of the use; and

e.

Any other appropriate requirements to ensure mitigation of adverse impacts and compatibility as determined by the city council.

If any variance is requested for the project, the developmental review board shall consider the variance request and make a recommendation to the city council prior to the city council hearing for a conditional use request.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

(1)

In granting any conditional use, the city council may prescribe appropriate conditions and safeguards to ensure proper compliance with the general spirit, purpose and intent of the land development code. Noncompliance with such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of the land development code and subject to code enforcement action pursuant to chapter 2.

(2)

The conditional use and site plan, once approved, shall become a condition upon which the use and structures shown thereon are permitted; and any change or addition shall constitute a violation of the conditional use approval unless such change is submitted to and approved by the city council.

(3)

Prior to the issuance of a zoning approval, for a conditional use, a final site plan as specified in chapter 50, article III, shall be completed and approved, when required. All site plan requirements, including any specific conditions of the conditional use, shall be adhered to; and the approval of any conditional use shall not be deemed an automatic approval of the site plan.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

(1)

A conditional use issued under the provisions of this article shall automatically expire and become void if no construction has begun or an existing building has been occupied by said use within one year from the date of granting such conditional use by the city council. In the event of judicial proceedings to appeal the city council's decision, then the expiration date will be from the date of entry of the final order in such proceedings, including all appeals.

(2)

A conditional use granted by the city council shall be deemed to automatically expire if a structure or use of land that is the subject of the conditional use has been discontinued or removed for a period of 180 consecutive days. A statement of this provision shall be included as a condition of any approval granted by the city council.

(3)

No new application for an identical conditional use on the same parcel shall be accepted for consideration within a period of six months following a decision of denial by the city council (unless denied without prejudice).

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)

A party seeking judicial appeal of a conditional use decision shall have 30 calendar days from the date of the public hearing or as prescribed by Florida Statutes, that resulted in the decision to bring the appropriate legal action.

(Ord. No. 09-2015, § 2(Exh. A), 5-12-15)