Prior to filing for a special exception, the developer shall meet with the Development Administrator to discuss the special exception review process. No person may rely upon any comment concerning a proposed special exception, or any expression of any nature about the proposal made by any participant at the pre-application conference as a representation or implication that the proposal will be ultimately approved or rejected in any form. The pre-application conference may be waived at the option of the Development Administrator.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

Application. Applications for special exception review shall be available at the Planning Department and the County's website. A completed application shall be signed by all owners, or their agent(s), of the project subject to the proposal, and notarized. Signatures by other parties will be accepted only with notarized proof of authorization by owners. In case of corporate ownership, the authorized signature shall be accompanied by a notation of the signer's office in the corporation and embossed with the corporate seal.

B.

Submittals. An application for special exception may be submitted concurrently with a development plan (whether general, major, or minor) and shall include all applicable submittal requirements identified as general plan, minor review, major review, optional and environmentally sensitive area requirements pursuant to Section 10.02.02 of this Code. If not submitted at the same time as the development plan, such a plan in enough detail for the reviewers and reviewing bodies to examine project impacts shall be included with the application submittal.

C.

If a special exception is submitted prior to the development plan and is documented to produce more than one hundred (100) PM Peak Hour trips by the Institute of Traffic Engineers Trip Generation Manual, a traffic impact report shall be included with the special exception application.

D.

In addition, a statement demonstrating the manner in which the project does not negatively impact water quality or endangered species habitat, shall be submitted, with a wildlife study being submitted if any protected species of wetlands are known to exist on the site.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023; Ord. No. 2026-01, § 1(Exh. A), 1-15-2026)

A.

Procedure.

1.

The applicant may submit the special exception application simultaneously with the development plan and supporting documentation.

2.

After receipt of the above, the Planning Department shall have five (5) working days to:

a.

Determine that the application for special exception is complete and proceed with the review, or

b.

Determine that the application is incomplete and inform the applicant of the deficiencies. The applicant must submit a revised application correcting the deficiencies within thirty (30) days, to proceed with the review.

3.

The Planning Department shall then route the application to any applicable County agencies requesting review pursuant to Section 10.02.06 within five (5) working days and review the special exception for compliance with this Code within thirty (30) days.

4.

Within five (5) days of the completion of the review, the Development Administrator shall issue a recommendation requiring further information, or approving, approving with conditions, or denying the application based upon the requirements of this Code.

5.

The Planning Commission shall consider the application at a scheduled public hearing which has been noticed pursuant to the requirements of Section 10.02.08. In reviewing the application, the Planning Commission shall consider, in addition to the recommendation of the Development Administrator and other provisions of this Code, whether satisfactory provision and arrangement have been made concerning the following issues, applicable special provisions provided in Section 2.02.04, and any other applicable performance standards of this Land Development Code:

a.

On-site and off-site impacts associated with the proposed trip generation;

b.

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

c.

Utilities with reference to location, availability, and compatibility;

d.

Screening and buffering with reference to type, dimensions, and character;

e.

Signs, if any;

f.

Proposed exterior lighting with reference to glare, traffic safety, and compatibility and harmony with properties in the Land Use District;

g.

Required yards and other open space;

h.

Drainage/Stormwater management;

i.

Water Quality;

j.

Visual Appearance;

k.

Mitigation of impact and avoidance of environmentally sensitive lands. Where environmentally sensitive lands are encountered, such lands shall be identified pursuant to the submittal requirements listed above and shall meet the requirements of Article IV of this Code. All attempts shall be made during the special exception process to avoid impacting these areas. When impact is unavoidable, compensatory mitigation shall be performed, subject to the following requirements;

l.

The created, enhanced or restored environmentally sensitive areas must be of the same type as the destroyed or degraded environmentally sensitive area; and

m.

If a project is not otherwise permittable under the provisions of this Code, the provision of compensatory mitigation shall not be the sole basis for permitting the project; and

n.

A developer of a compensatory mitigation plan shall grant a conservation easement under F.S. § 704.06, on a newly created environmentally sensitive area to protect it from future development; and

o.

Compensatory wetland mitigation shall require that the amount of wetlands created, enhanced, or restored be large enough to assure that the amount of wetlands destroyed or degraded will be completely and successfully replaced. The following minimum ratios of replacement to destroyed wetlands shall be presumed to provide reasonable assurances for type-to-type mitigation:

l.

Noise. As a condition for approval of the special exception, a statement shall be incorporated as part of the development order to the effect that sound levels emanating from the site shall not exceed a level of fifty-five (55) decibels between 10:00 p.m. and 7:00 a.m. and sixty-five (65) decibels between 7:00 a.m. and 10:00 p.m.

m.

Air Quality. All sources of air pollution shall comply with rules set forth by the Environmental Protection Agency (Code of Federal Regulations, Title 40), and the Florida Department of Environmental protection (F.AC. Ch. 17-2).

n.

General compatibility with adjacent properties and other property in the Land Use Map District.

o.

Cemeteries and Water Table. Cemeteries shall only be allowed in areas where the normal water table is four (4) feet or greater depth below the ground surface.

6.

For Special Exceptions related to a Minor Development Review Application, the Planning Commission shall approve, approve with conditions, or deny the application. The special exception approval shall be conditioned on the approval of a minor development plan. Conversely, the minor development plan approval shall be conditioned on the approval of the special exception.

7.

For Special Exceptions related to a Major Development Review Application, the Board of County Commissioners shall consider the application at a scheduled public hearing which has been noticed pursuant to the requirements of Section 10.02.08. In reviewing the application, the Board shall consider the recommendations of the Planning Commission and Development Administrator and shall determine whether the proposed development specified in the application meets the provisions of this Code. The Board of County Commissioners shall approve, approve with conditions, or deny the application.

8.

If the application for special exception involves lands located in a municipality, then the City/Town Council shall consider the application at a scheduled public hearing which has been noticed pursuant to the requirements of Section 10.02.08. In reviewing the application, the Council shall consider the recommendations of the Planning Commission and the Development Administrator and shall determine whether the proposed development specified in the application meets the provisions of this Code. The City/Town Council shall approve, approve with conditions, or deny the application.

Before any Special Exception shall be issued, the Local Governing Body shall make written findings certifying compliance with the specific rules governing individual special exceptions, and that satisfactory provision and arrangement have been made concerning the items noted in Section 10.05.05.

9.

Notification of the Planning Commission's, Board of County Commissioner's or City/Town Council's decision shall be mailed to the applicant and filed with the Planning Department.

B.

Expiration. At the time of granting a special exception, a time shall be set in which the development shall have commenced, be finished, or both. Extensions of such time or times shall be granted by the Local Governing Body upon due cause being shown.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023; Ord. No. 2026-01, § 1(Exh. A), 1-15-2026)

All developments generating more than one hundred (100) p.m. Peak Hour trips as calculated in the institute of Traffic Engineers shall be required to submit a traffic study, meeting the standards outlined under Article III of this LDC.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023; Ord. No. 2026-01, § 1(Exh. A), 1-15-2026)

Appeals from decisions of the Development Administrator, Planning Commission, Board of County Commissioners, or municipality shall be made pursuant to the provisions of Section 10.08.00 of this Code.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)