A.

Scope. In addition to those uses that may be identified throughout this zoning ordinance as permitted accessory or special exception uses in a particular zoning district, the following uses may be allowed as special uses in any zone pursuant to the substantive and procedural requirements of this article:

Schools, public, private and parochial, including kindergartens, and schools for retarded or exceptional persons; child care centers; private clubs and lodges; homes for the aged, delinquent, and homeless; nursing and convalescent homes; adult congregate living facilities, group homes, and life care facilities as defined by Florida law; churches; funeral homes; public buildings; and public and private utility buildings, structures, and uses.

1.

Application and hearing procedure. Written application for a special use shall be made to the community development department using the application provided by the city. The application should normally be filed at least 28 days prior to the planning advisory board's public hearing date; however, if circumstances warrant a shorter lead time, the CDD may allow a shorter period. In addition to the information required on the form, the applicant shall provide the following:

a.

A site plan showing buildings, parking and access locations, utility service points, and proposed screening or buffering.

b.

A written statement specifically addressing the general requirements of section 5.8B.2. and any special requirements for the specific use as set forth in section 5.8C. The application shall be accompanied by the administrative fee for the special use application. Throughout the application and hearing process, the burden shall be on the applicant to affirmatively show that the application meets and is not contrary to all of the criteria set forth in this article.

2.

Planning advisory board (PAB). The planning advisory board (PAB) shall review the application for special use, based on the requirements and criteria of this article and for consistency with the comprehensive land use plan, and shall recommend either approval, approval with conditions, or denial to the city council.

3.

City council action. Upon receipt of the planning advisory board's recommendation, the city council shall either approve, approve with conditions, or deny the application.

B.

General requirements and conditions.

1.

Conditions and safeguards. Generally, special uses would not be appropriate without restriction throughout their particular zoning districts, but may, if controlled as to number, area, location, or relation to the neighborhood, not adversely affect the public health, safety, comfort, good order, appearance, convenience and general welfare.

Consequently, in granting any special use, the planning advisory board (PAB) may recommend, and the city council may prescribe, appropriate conditions and safeguards to assure compliance with the requirements and objectives of this article, the zoning code in general, and the comprehensive land use plan. Such conditions may include time limits for the initiation of the special use, and specific modifications to regular zoning code requirements and criteria of this section, such as, but not limited to, the manner of construction, maintenance, and operation of the special use. Failure to comply with any conditions attached to a special use shall be deemed a violation of the zoning code and shall be enforceable as such, including code enforcement board measures and/or court action as deemed appropriate by the city. Also, permits, local business tax receipts, and certificates of occupancy, as appropriate, shall not be issued for any special use in violation of its conditions. Nothing contained in this section shall preclude the special use from complying with the standard building, plumbing, electrical, mechanical or fire codes, nor any additional state or local ordinances.

2.

General criteria and requirements. When reviewing an application for special use, the planning advisory board (PAB) and the city council shall consider the following requirements and criteria:

a.

Traffic generated and its access and flow to and from the proposed use shall not adversely affect adjoining properties and the general public safety and convenience.

b.

Off street parking, loading, and service areas shall be provided and located such that there is not additional impact on adjacent properties.

c.

Required yards, screening or buffering, set-backs, landscaping, and other performance standards shall be consistent with the zoning district in general and the specific needs of the adjacent land use.

d.

Architectural and signage treatments shall be compatible with surrounding land use.

e.

Utility service levels to the surrounding area shall not be reduced by allowance of the proposed special use.

f.

Size, location or number of special uses in an area shall be limited so as to maintain the overall character of the zoning district as intended by this zoning ordinance and the comprehensive plan.

g.

The special use shall be consistent with the standards, goals, and objectives of the comprehensive plan.

h.

The special use shall be compatible with adjacent properties, buildings and uses, and shall not conflict with adjacent properties with regard to noise, lighting, commotion, aesthetics, odors, dust and general intensity of use.

3.

Transfer or abandonment of special uses: The ownership of a special use may not be transferred to another party without a new public hearing under the provisions herein.

A special use that is not initiated within 90 days of being granted shall not be established without a new public hearing under the provisions herein.

A special use that is abandoned for a period in excess of 90 days shall not be re-established without a new public hearing under the provisions herein.

C.

Specific review criteria and requirements. In addition to the general review criteria, special use approval must also meet the following requirements specific to the special use in question.

1.

Child care center. A special use may be granted under the following conditions:

a.

If the proposal is for new development, the site for the freestanding facility must have a minimum size of 15,000 square feet and a minimum lot width of 100 feet, with frontage on an arterial or collector road. However, if the proposed site is within an existing shopping center, there is no site size or frontage minimum, but frontage on an arterial or collector road is still required.

b.

The applicant must demonstrate that the site, as it exists or with specific improvements, meets all licensing criteria of the State of Florida.

c.

The play area shall be completely enclosed with a minimum four-foot high fence. Where adjoining any residential use, said fence shall be a minimum six-foot high opaque fence and shall be constructed as part of the required type of bufferyard, based on an intensity factor of four for the child care center.

d.

The play area fence must be set back a minimum of ten feet in any front yard and play equipment must be located behind the front yard setback in any residential zone.

e.

The proposed architectural treatment shall be generally similar to the surrounding areas with regard to building height and bulk, elevation, design, and finish material.

f.

The owner shall file a copy of the approved HRS permit/certification with the CD department prior to occupancy.

2.

Clubs and lodges. A special use may be granted under the following conditions:

a.

The proposed site must be adjacent to an arterial or major collector road.

b.

The proposed building shall be generally similar to those in the surrounding area with regard to height and bulk, elevation, design, and finish materials.

c.

It must be demonstrated that the parking provided is adequate to handle all proposed events that occur more than twice per year.

d.

Buffering shall be provided based on a land use intensity factor of five.

e.

If alcoholic beverages are to be consumed on the premises, there shall be a minimum distance requirement of 500 feet between any two such club or lodge establishments; however, the minimum distance requirement between a club or lodge and any other type of establishment engaging in the sale or dispensing of alcoholic beverages for consumption on premises (e.g. a bar or lounge) shall be 1,000 feet. These requirements shall supercede any conflicting alcoholic beverage distance requirements contained in Section 3-4(a) of Chapter 3, Alcoholic Beverages, of the City Code of Ordinances.

3.

Group housing. A special use may be granted under the following conditions:

a.

Group homes located in single-family and two-family residential districts shall not exceed six occupants.

b.

The character of the structure shall be consistent with the residential neighborhood.

c.

Parking shall be provided at a rate of one space for each staff member on the largest shift, plus one space for every four residents or fraction thereof.

d.

The site shall be in conformance with all requirements of this Code and other applicable City Codes.

e.

The owner shall file a copy of the approved HRS permit/certification with the CD department.

4.

Houses of worship. A special use may be granted under the following conditions:

a.

For new development, the proposed site must be a minimum of one acre, regardless of the zoning district in which it is located.

b.

If the proposed site is located in a single-family residential zoning district, it must be a minimum size of one acre, whether for new or existing development.

c.

For existing development in a zoning district other than single-family residential, the proposed site may be less than one acre in size.

d.

The proposed site must front on an arterial collector road.

e.

For new development, all buildings shall be set back a minimum of 50 feet from side and rear property lines.

f.

For existing development, the building where the house-of-worship is located shall meet the setback requirements of the zoning district in which it is located, unless the location is in a residential zoning district, in which case the setback shall be the same as for new development (as stated above).

g.

For new development, buffering shall be provided based on an intensity factor of five for buildings under 10,000 square feet, and an intensity factor of six for buildings of 10,000 square feet or more.

h.

For existing development, the existing bufferyard shall be acceptable provided that it meets at least a "design type 1" standard, unless the location is in a residential zoning district, in which case the buffering requirements shall be the same as for new development (as stated above).

5.

Nursing homes. A special use may be granted under the following conditions:

a.

The proposed site must front on an arterial or major collector road.

b.

Buffering of service areas shall be based on an intensity factor of six, with other areas based on intensity factor of four.

6.

Public and private schools. A special use may be granted under the following conditions:

a.

The proposed site must front on an arterial or major collector road.

b.

Buffering shall be provided for playground areas based on an intensity factor of six, for classroom areas based on an intensity factor of four, and for loading areas and service areas based on an intensity factor of six.

c.

Regular on-site storage of vehicles is prohibited.

7.

Public utility stations. A special use may be granted under the following conditions:

a.

All equipment shall be contained in an enclosed building or within a walled or fenced-in area that is 75 percent opaque.

b.

Buffering for completely enclosed facilities shall be provided based on an intensity factor of six and for fenced facilities on an intensity factor of seven.

(Ord. No. 03-25, § 1, 8-26-03; Ord. No. 04-08, § 1, 3-23-04; Ord. No. 07-03, § 1, 2-13-07; Ord. No. 2021-09, § 7, 7-27-21; Ord. No. 2024-05, § 2(Att. A), 8-13-24; Ord. No. 2025-01, § 2, 2-11-25; Ord. No. 2025-11, § 5, 7-22-25)