TOWN OF LADY LAKEPRIVATE
CHAPTER 6
CONDITIONAL USES AND SPECIAL EXCEPTIONS
TABLE OF CONTENTS
SECTION PAGE
1 CONDITIONAL USES
a) In General 6 - 1
b) Application Procedure 6 - 1
c) Notification of Public Hearing 6 - 1
d) Procedure for Public Hearing 6 - 2
e) Conditional Reviews 6 - 2
f) General Requirements and Conditions 6 - 2
g) Transfer or Abandonment of a
Conditional Use 6 - 3
2 SPECIAL EXCEPTIONS
a) In General 6 - 4
b) Application Procedure 6 - 4
c) Notification of Public Hearing 6 - 4
d) Procedure for Public Hearing 6 - 5
e) General Requirements and Conditions 6 - 5
f) Transfer or Abandonment of Special Exceptions 6 - 6
g) Special Requirements and Conditions 6 - 6
CHAPTER 6
CONDITIONAL USES AND SPECIAL EXCEPTIONS
TABLE OF CONTENTS (continued)
1) Adult Congregate Living Facilities 6 - 6
2) Agriculture: Processing 6 - 7
3) Athletic/Sports Facility 6 - 7
4) Banks 6 - 7
5) Bed & Breakfast Inn 6 – 8
6) Boat Sales
7) Commercial Recreation Facility 6 - 9
8) (Licensed) Community Residential
Home with More Than Six Residents 6 – 9
9) Contractors Office with enclosed storage area
10) Convenience Store with Fuel Operations 6 - 10
11) Day Care Centers 6 – 10
12) Equipment Rental
13) Farmers Markets 6 - 10
14) Games/Video Arcades 6 - 11
15) Gun and Archery Range 6 - 11
16) Health/Exercise Clubs 6 - 11
17) Horses, Commercial Stables, Dude Ranch
Riding Academy, Boarding Stable 6 - 12
18) Manufacturing: Craftsman Shop 6 - 12
19) Manufactured Home, Single Dwelling 6 - 12
20) Mini-Storage Warehouses 6 – 13
21) Mobile Home Sales
22) Motor Vehicle Dealer Sales
23) Motor Vehicle Repair Facility 6 – 13
24) Motor Vehicle, R.V. and Boat Storage Facilites
25) Motor Vehicle Towing and
Impoundment Facility 6 - 13
26) Nursing Home 6 - 14
27) Offices 6 - 14
28) Office/Warehouse Facilities 6 - 14
29) Offset Printing 6 - 15
30) Public Use Recreational Facilities,
Including Marinas 6 - 15
31) Recreational Vehicle (RV) Park 6 - 15
32) Restaurant 6 - 18
33) Retail Nurseries and Garden Supplies 6 - 18
34) Single-Family Residential
Dwelling Unit 6 - 18
35) Small Scale Commercial Land Uses 6 - 18
36) Trucking Terminal 6 - 19
37) Two-Family (Duplex) Dwelling Unit 6 - 19
38) Veterinary Clinic 6 - 20
39) Wholesalers and Distributors 6 - 20
CHAPTER 6
CONDITIONAL USES AND SPECIAL EXCEPTIONS
SECTION 1: CONDITIONAL USES
a) In General
Conditional uses shall be generally limited to those uses or combination of uses which, because of their uniqueness, are not specifically identified as permitted uses or special exception uses within any zoning district in the Code.
b) Application Procedure
Written application shall be made to the Town for a conditional use in accordance with the procedures established for rezoning in Developmental Procedures and Regulations chapter. In addition, the applicant shall provide the following information:
1) A conceptual plan showing buildings, parking and access locations, utility service points, proposed screening or buffering and any other information pertinent to the specific requested use of the site.
2) A written statement specifically addressing the requirements and criteria considered when reviewing applications as stated in the Review Criteria below.
c) Notification of Public Hearing
These requirements are superseded by the requirements of Section 166.041(2), Florida Statutes, or as amended, when applicable.
1) Adjoining Owners. The Town shall send notice per Section 166.041, F.S., or as amended, of the proposed action to the owners of all adjoining properties to the subject property, as well as to any owners of the subject property not party to the application, at least two (2) weeks prior to the Town Commission hearing. Such notice shall include the date, time and place of the public hearing, along with a clear and concise description of the proposed action. For the purposes of such notification, a property shall not be considered an adjoining property if it is separated from the subject property by a road, canal, easement, right-of-way or similar barrier greater than one hundred fifty (150) feet in width.
2) Posting of Property. At least seven (7) days prior to the hearing, the applicant shall post the property that is the subject of the proposed action with signs notifying the public of the proposed action, date of public hearing, and who to contact for further information. Signs shall be placed, at a minimum, along all public road frontages, with a minimum of one (1) sign per five hundred (500) feet along any one (1) frontage.
3) Public Advertisement. Notice of public hearing shall be published in a newspaper of general circulation within the Town at least ten (10) days prior to the final Town Commission meeting. Notice shall also be posted in a conspicuous location at the Town Hall, and may be posted at other public locations at the discretion of the Town.
d) Procedure for Public Hearing
The following procedures are in addition to, or where in conflict superseded by, those required by state law.
1) Technical Review Committee Action. The Technical Review Committee shall review every conditional use application and make recommendations to the Town Commission.
2) Town Commission Action. The Town Commission shall consider the recommendations before taking action at the public hearing.
e) Conditional Reviews.
Any annual or conditional review that is required will be done by the Planning and Zoning Board.
f) General Requirements and Conditions
1) Conditions and Safeguards. In granting any conditional use, the Town Commission may prescribe appropriate conditions and safeguards to ensure compliance with the requirements of this chapter and the Code in general. Such conditions may include time limits for the initiation and duration of the conditional use, specific minimum or maximum limits to regular Code requirements, or any other conditions reasonably related to the requirements and criteria of this chapter.
2) Review Criteria. When reviewing an application for a conditional use, the Town Commission shall consider the following requirements and criteria, including but not limited to:
A) The proposed use must comply with the adopted Comprehensive Plan and Future Land Use Map.
B) Traffic generation and access for the proposed use shall not adversely impact adjoining properties and the general public safety.
C) Off-street parking, loading and service areas shall be provided and located such that there is no adverse impact on adjoining properties, beyond that generally experienced in the district.
D) Required yards, screening or buffering, and landscaping shall be consistent with the district in general and the specific needs of abutting land uses.
E) Size, location and number of conditional uses in an area shall be limited so as to maintain the overall character of the district as intended by this Code.
F) Architectural and signage treatments shall comply with the general provisions applicable to permitted uses in the district, to the greatest extent possible, and be sensitive to surrounding development.
G) The availability of utilities services (such as water, sewer, and solid waste) and recreational facilities.
3) Inspection Fee. If an inspection is required to insure compliance, a fee may be charged.
g) Transfer or Abandonment of a Conditional Use
1) Conditional uses may run with the owner or with the property. The Town Commission shall, at the time of approval, specify whether the conditional use runs with the owner or the property. If it runs with the owner, ownership of a conditional use cannot be transferred to another party unless the Town is notified.
2) A conditional use that is not initiated within one (1) year of being granted shall not be established without a new application and public hearing in accordance with the procedures for such described in the Developmental Procedures and Regulations chapter. A conditional use that is abandoned for a period of one (1) year or more shall not be reestablished without a new application and public hearing in accordance with the procedures for such described in the Developmental Procedures and Regulations chapter.
SECTION 2: SPECIAL EXCEPTIONS
a) In General
A special exception is a use that would not be appropriate without restriction, but which, if controlled as to number, area, location or relation to the surrounding area, would promote the public health, safety and general welfare. Such use may be permitted in a zoning district as a special exception only if identified as such in this Code.
b) Application Procedure
Written application shall be made to the Town for a special exception in accordance with the procedures established for rezoning in the Developmental Procedures and Regulations chapter. In addition, the applicant shall provide the following information:
1) A conceptual site plan showing buildings, parking and access locations, utility service points, proposed screening or buffering, and any other information or supplemental details necessary to address the review criteria and satisfy any specific requirement for such use described in this Chapter. The Town Manager may exempt an applicant from the requirements of a conceptual plan if it is not warranted.
2) A written statement specifically addressing the requirements and criteria considered when reviewing applications as stated in the Review Criteria below and any special requirements for the specific uses as outlined in the Special Requirements and Conditions section below.
c) Notification of Public Hearing
These requirements are superseded by the requirements of Section 166.041(2), Florida Statutes, or as amended, when applicable.
1) Adjoining Owners. The Town shall send notice per Section 166.041, F.S., or as amended, of the proposed action to the owners of all adjoining properties to the subject property, as well as to any owners of the subject property not party to the application, at least two (2) weeks prior to the Town Commission hearing. Such notice shall include the date, time and place of the public hearing, along with a clear and concise description of the proposed action. For the purposes of such notification, a property shall not be considered an adjoining property if it is separated from the subject property by a road, canal, easement, right-of-way or similar barrier greater than one hundred fifty (150) feet in width.
2) Posting of Property. At least seven (7) days prior to the hearing, the applicant shall post the property that is the subject of the proposed action with signs notifying the public of the proposed action, date of public hearing, and who to contact for further information. Signs shall be placed, at a minimum, along all public road frontages, with a minimum of one (1) sign per five hundred (500) feet along any one (1) frontage.
3) Public Advertisement. Notice of public hearing shall be published in a newspaper of general circulation within the Town at least ten (10) days prior to the final Town Commission meeting. Notice shall also be posted in a conspicuous location at the Town Hall, and may be posted at other public locations at the discretion of the Town.
d) Procedure for Public Hearing
The following procedures are in addition to, or where in conflict superseded by, those required by state law.
1) Technical Review Committee Action. The Technical Review Committee shall review every special exception application and make recommendations to the Town Commission.
2) Town Commission Action. The Town Commission shall consider the recommendations before taking action at the public hearing.
e) General Requirements and Conditions
1) Conditions and Safeguards. In granting any special exception, the Town Commission may prescribe appropriate conditions and safeguards to ensure compliance with the requirements of this chapter and the Code in general. Such conditions may include time limits for the initiation of the special exception use, specific minimum or maximum limits to regular Code requirements, or any other conditions reasonably related to the requirements and criteria of this chapter.
2) Review Criteria. When reviewing an application for a special exception the Town Commission shall consider the following requirements and criteria, including but not limited to:
A) Traffic generation and access for the proposed use shall not adversely impact adjoining properties and the general public safety.
B) Off-street parking, loading and service areas shall be provided and located such that there is no adverse impact on adjoining properties, beyond that generally experienced in the district.
C) Required yards, screening or buffering, and landscaping shall be consistent with the district in general and the specific needs of the abutting land uses.
D) Size, location or number of special exception uses in the area shall be limited so as to maintain the overall character of the district as intended by this Code.
E) Architectural and signage treatments shall comply with the general provisions applicable to permitted uses in the district, to the greatest extent possible, and be sensitive to surrounding development.
F) The availability of utilities services (such as water, sewer, and solid waste) and recreational facilities.
f)) Transfer or Abandonment of Special Exceptions
Special exceptions run with the property and the ownership of a special exception use may be transferred to another party. A special exception use that is not initiated within one (1) year of being granted shall not be established without a new public hearing in accordance with requirements of this chapter.
g) Special Requirements and Conditions
For those special exception uses (SEU) listed below, the following special requirements shall apply in addition to those described above. Buffering requirements within this Section shall be in conformance with the Zoning District Regulations chapter of this Code, unless otherwise specified.
Unless the method for measurement is specifically described herein, the distance between specific uses shall be measured by a straight line drawn from the nearest point of each lot, parcel or site to each other.
1) ADULT CONGREGATE LIVING FACILITIES. (SEU in MF-12)
A special exception may be granted under the following conditions, including but not limited to:
A) The proposed site shall be a minimum of one (1) acre.
B) The proposed site shall front on an arterial or collector roadway.
C) Buffering shall be provided based on a Buffer Class "B" for service and loading areas, and Class "A" for the remainder of the use.
D) The maximum density shall not exceed that permitted within the underlying district.
2) AGRICULTURE: PROCESSING (except for packing and slaughter houses). (SEU in AG-1)
A special exception may be granted under the following conditions, including but not limited to:
A) This use shall not include citrus concentrate plants.
B) The proposed site shall front on an arterial or collector roadway.