§ 2-299. Special exceptions.

The board shall hear applications for such special exceptions as are specifically authorized under this Code, in the following manner:

(1)

Provided, however, an application for a special exception authorized by the City Council shall include a copy of the zoning map depicting the property involved in lieu of a current survey. A written application for a special exception shall be submitted to the Development Services Department together with all applicable fees. The application shall include:

a.

Current survey of the property prepared by a registered land surveyor licensed to practice in the State of Florida. The survey shall accurately reflect the current status of the parcel and shall have been completed within the past two years, or in lieu thereof a notarized statement from a title insurance company or attorney that a survey more than two years old continues to accurately reflect the current boundaries of the parcel.

b.

Legal description of the property.

c.

Notarized authorization of the owner if the applicant is other than the owner or the attorney for the owner.

d.

Any information or exhibits necessary to demonstrate that the grant of a special exception will be in harmony with the general intent and purpose of this Code. Such information or exhibits shall include site plans to scale showing proposed placement of structures on the property; provisions for ingress and egress, offstreet parking and loading areas, including the number and location of spaces, access aisles and driveways, refuse and service areas, required yards and other open spaces; a statement regarding the intended arrangement for central systems of potable water and wastewater service, if required.

e.

The following information, as applicable, may also be required:

1.

Landscaping and buffer areas.

2.

Signs and lighting.

3.

Any additional information deemed necessary by any reviewing authority or agency.

(2)

The Development Services Department shall review the application. The department has five working days from the date the applicant submits the application to determine if it is complete and correct. If the application is found to be lacking any of the requested information or if the data and exhibits are inaccurate, it will not be considered "filed" for the purpose of processing, or placed on the planning and land development regulation board agenda unless a sufficient application is submitted within five working days after the filing deadline date.

(3)

The Development Services Department shall submit a written report containing its recommendations on each application to the board and to the applicant at least one week prior to the meeting of the board before which the application is to be heard unless an extension is granted by the board.

(4)

The board shall hold a public hearing on each application after due public notice. The board may accept, reject, modify, retain or seek additional information from the Development Services Department.

(5)

No approval of a special exception shall be made unless, upon motion, four members of the board concur. The board will thereafter forward its decision to the applicant.

(6)

Conditions and safeguards. The board may impose on the grant of any special exception any conditions or safeguards not otherwise required, if deemed necessary or desirable in furthering the purpose of this Code. Violation of any such condition or safeguard shall be deemed a violation of this Code and may result in a revocation of any special exception permit, in addition to any other remedy for such violation in this Code or by law.

(7)

Reasons for denial. The board may deny any application for a special exception for one or more of the following reasons:

a.

It is inconsistent with the purpose or intent of any applicable land development regulation.

b.

It is inconsistent with the City's comprehensive plan.

c.

It will adversely affect the public interest.

d.

It will generate undue traffic congestion.

e.

It will create a hazard or public nuisance, or be dangerous to individuals or to the public.

f.

It will materially alter the character of surrounding neighborhoods or adversely affect the value of surrounding land, structures or buildings.

g.

It will adversely affect the natural environment, natural resources or scenic beauty, or cause excessive pollution.

(8)

Preservation of special exception uses. Existing permitted uses on a particular premises which are actually in use, without abandonment, on the effective date of this division [October 1, 2000], may be continued after the effective date of this division as if a special exception under this division has been expressly granted therefor, provided any owner of such premises has filed an affidavit with the development service department on such form as shall be prescribed, within one year after the effective date of this division, that legally describes the parcel, identifies the use, and establishes its existence on the effective date of this division. If no such affidavit has been filed within the prescribed period, all other applicable provisions of this division shall govern.

(9)

Expiration or abandonment of special exception uses. If a special exception does not begin to serve the purpose for which it was granted within 12 months from the date of rendition, or if its use is abandoned for six consecutive months, it shall expire. Provided, however, that the board may establish a shorter or longer period of time for a special exception to commence. In addition, the development services director may extend the special exception for up to an additional 12-month period of time if the applicant can demonstrate that good-faith reliance has been ongoing to accomplish the approved special exception. Good-faith reliance may include, but is not limited to, the securing of any required permits from other governmental agencies/jurisdictions or the expenditure of substantial funds upon reliance of the approved special exception.

(10)

Amendments. Minor amendments not altering the intent and purposes of the approved special exception may be approved by the development services director after such departmental comment as he or she deems appropriate. Amendments to an approved special exception which the director deems to be major shall require the submittal of an application and compliance with the review procedures as set forth in this section and as otherwise provided in this division.

If it is alleged that the board or City Council, as the case may be, has overlooked or misapprehended some facts or points of law, a rehearing of any decision of the board or City Council may be granted by the board or City Council either on the motion of any member voting on the prevailing side, or on the motion of any person aggrieved by its decision. That motion shall be in writing, shall be filed with the development services director within ten working days after rendition of the decision, and shall state its grounds.

The movant shall serve it by certified mail or hand delivery upon the chair of the board or City Council and the City Manager and all adjoining property owners previously notified of the hearing, together with a notice stating the date, time and place it will be orally presented to the board or City Council.

The board or City Council shall not otherwise rehear applications based upon the same facts or issues until at least one year has elapsed from the date of rendition unless at the time it denies an application it shall do so without prejudice; and in that event the applicant may reapply at anytime thereafter.

(Ord. No. 00-39, § 4, 8-1-00)