A.
General. A conditional use is a use that would not be appropriate generally or without restriction throughout a particular zoning district or classification, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare. Such uses may be permissible in zoning district as a conditional use if specific provision for such conditional use is made in this Zoning Code. All petitions for conditional uses shall be considered first by the Planning Commission in the manner herein set out. Decisions regarding conditional uses shall be quasijudicial in nature.
B.
Written petition. A written petition for conditional use shall be submitted to the County Manager or his designee indicating the basis in this Zoning Code under which the conditional use is sought and stating the grounds upon which it is requested, with particular reference to the types of findings which the Board of Zoning Appeals must make under section 10.08.00 D. below. The petition should include material necessary to demonstrate that the grant of conditional use will be in harmony with the general intent and purpose of this Zoning Code, will be consistent with the growth management plan, will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. Such material shall include, but is not limited to, the following, where applicable:
1.
Conceptual site development plans at an appropriate scale showing the proposed placement of structures on the property, provisions for ingress and egress, off-street parking and off-street loading areas, refuse and service areas, and required yards and other open spaces. The conceptual site development plan shall not be in lieu of, nor eliminate the need for, a site development plan under section 10.02.03, as applicable.
2.
Plans showing proposed locations for utilities.
3.
Plans for screening and buffering with reference as to type, dimensions, and character.
4.
Proposed landscaping and provisions for trees protected by county regulations.
5.
Proposed signs and lighting, including type, dimensions, and character.
6.
Developments shall identify, protect, conserve, and appropriately use native vegetative communities and wildlife habitat. Habitats and their boundaries shall be identified on a current aerial photograph of the property at a scale of at least 1 inch equals 400 feet. Habitat identification shall be consistent with the Florida Department of Transportation Land Use Cover and Forms Classification System and shall be depicted on the aerial photograph. Information obtained by ground-truthing surveys shall take precedence over photographic evidence.
7.
Where this Zoning Code places additional requirements on specific conditional uses, the petitioner shall demonstrate that such requirements are met.
Where the rezoning of land, as well as grant of conditional use, is requested simultaneously for the same parcel of land, both said petitions may be processed concurrently in accordance with the procedures set forth in section 10.02.08 and this section.
C.
Notice and public hearing. Notice and public hearing by the Planning Commission and the Board of Zoning Appeals shall be as provided for under section 10.03.05 B., such that the provisions applicable to the Board of County Commissioners shall apply to the Board of Zoning Appeals All testimony given shall be under oath and the action by the Planning Commission and the Board of Zoning Appeals shall be quasi-judicial in nature. Additionally, the requirements of section 10.02.05 E. must be met.
D.
Findings. Before any conditional use shall be recommended for approval to the Board of Zoning Appeals, the Planning Commission shall make a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met by the petitioner and that, further, satisfactory provision and arrangement has been made concerning the following matters, where applicable:
1.
Consistency with this Code and growth management plan.
2.
Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.
3.
The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects.
4.
Compatibility with adjacent properties and other property in the district.
E.
Conditions and safeguards. In recommending approval of any conditional use, the Planning Commission may also recommend appropriate conditions and safeguards in conformity with this Zoning Code. Violation of such conditions and safeguards, which are made a part of the terms under which the conditional use is granted, shall be deemed a violation of this Zoning Code.
1.
Any conditional use shall expire 3 years from the date of grant, if by that date the use for which the conditional use was granted has not been commenced.
2.
Any conditional use shall expire 1 year following the discontinuance of the use for which the conditional use was granted unless the site was improved and/or structures built for the specific uses approved by a conditional use and which cannot be converted to a use permitted by the underlying zoning designation of the site.
3.
The Board of Zoning Appeals may grant a maximum of one 1-year extension of an approved conditional use upon written request of the petitioner.
4.
Public facility dedication. The Board of County Commissioners may, as a condition of approval of the conditional use, require that suitable areas for streets, public rights-of-way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use. Where impact fees are levied for certain public facilities, the market value of the land set aside for the public purpose shall be credited towards impact fees. Said credit shall be based on a negotiated amount no greater than the market value of the set aside land prior to the approval of the conditional use, as determined by an accredited appraiser from a list approved by Collier County. Said appraisal shall be submitted to the County Attorney's Office and the real property office within 90 days of the date of approval of the conditional use, or as otherwise extended in writing by Collier County, so as to establish the amount of any impact fee credits resulting from said dedication. Failure to provide said appraisal within this time frame shall authorize the County to determine the market value of the property. Impact fee credits shall only be effective after recordation of the document conveying the dedicated property to Collier County. Where the term Collier County is used in this section, it shall be construed to include the Collier County Water and Sewer District or other agency or dependent district of Collier County Government.
Land set aside and/or to be improved as committed as part of the conditional use approval shall be deeded or dedicated to Collier County within 90 days of receipt of notification by the county that the property is needed for certain pending public improvements or as otherwise approved by the Board of County Commissioners during the conditional use process. In any case, however, the County shall take title to set aside property, at the latest, by a date certain established during, and conditioned on, the approval of the conditional use.
The land set aside and/or to be improved shall be made free and clear of all liens, encumbrances and improvements, at the developer's sole expense, except as otherwise approved by the Board. Failure to complete the dedication within the appropriate time frame noted above may result in a recommendation to the Board of reconsideration of approved conditional use and may result in a violation of this Code pursuant to section 8.08.00.
Should said dedication of land also include agreed upon improvements, said improvements shall be completed and accepted by the Collier County Board of Commissioners at the development phase which has infrastructure improvements available to the parcel of land upon which said improvements are to be made, or at a specified time provided for within the resolution approving the conditional use.
F.
Denial. If the Planning Commission shall recommend denial of a conditional use, it shall state fully in its record its reason for doing so. Such reasons shall take into account the factors stated in section 10.08.00 D. above or such of them as may be applicable to the action of denial and the particular regulations relating to the specific conditional use requested, if any.
G.
Status of Planning Commission report and recommendations. The report and recommendations of the Planning Commission required above shall be advisory only and shall not be binding upon the Board of Zoning Appeals.
H.
Board of zoning appeals action on Planning Commission report. Upon receipt of the Planning Commission's report and recommendations, the Board of Zoning Appeals shall approve, by resolution, or deny a petition for a conditional use. The approval of a conditional use petition shall require 4 affirmative votes of said board.
I.
Conditional uses for school or religious purposes. A use which has been approved as part of a preliminary subdivision plat (formerly subdivision master plan) or a planned unit development for schools, religious or eleemosynary uses shall be exempt from the provisions of this section. Such uses must comply with the provisions of section 10.02.03, site development plan approval, as applicable, and all other zoning requirements.
J.
Changes and amendments. The County Manager or his designee may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use.
Additional uses or expansion of permitted uses not shown on the conceptual site development plan or otherwise specifically provided for in the conditional use application shall require submission, review and approval of a new conditional use application.
K.
Conditional use application processing time. An application for a conditional use will be considered "open", when the determination of "sufficiency" has been made and the application is assigned a petition processing number. An application for a conditional use will be considered "closed" when the petitioner withdraws the subject application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the conditional use, for a period of 6 months. An application deemed "closed" will not receive further processing and shall be withdrawn and an application "closed" through inactivity shall be deemed withdrawn. The planning services department will notify the applicant of closure by certified mail, return receipt requested; however, failure to notify by the County shall not eliminate the "closed" status of a petition. An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency". Further review of the request will be subject to the then current code.
1.
Applicability. All applications for conditional use whether submitted before or after June 26, 2003, shall comply with the processing time procedures set forth in section 10.08.00 K. above.
L.
Conditional uses for school or religious purposes. A use which has been approved as part of a preliminary subdivision plat (formerly subdivision master plan) or a planned unit development for schools, religious or eleemosynary uses shall be exempt from the provisions of this section. Such uses must comply with the provisions of section 10.02.03, site development plan approval, as applicable, and all other zoning requirements.
(Ord. No. 05-27, § 3.CCC; Ord. No. 06-07, § 3.Y)