§ 7.13.00. Special Exception Permit; Variances; Appeals of the Decisions of the Administrative Official.

7.13.01. Purpose and Intent.

In a given Zoning District, certain uses may be identified that are not generally appropriate within the District, but can be allowed in certain locations, if specific requirements are met. Such uses are small-scale, normally involving no more than one lot or building site. The process set forth in this Article is established to expeditiously handle relatively minor matters of land use compatibility, not involving impacts on public facilities or environmental resources that would entail special mitigation plans or actions; and to allow appeal to the Board of County Commissioners of the decisions of the Administrative Official (See Section 8.02.00).

7.13.02. Identification by Table of Land Uses, Location of Development Standards, and Hearing Body.

Uses designated as Special Exception Uses are identified in the Table of Land Uses 2.29.01(A), Article 2. They are designated by the letter "S". Development Standards for Special Exception Uses are found in Article 3, Section 3.10.00. The Planning and Zoning Board will hear and make recommendations on Special Exception applications and Variance applications to the Board of County Commissioners. The Board of County Commissioners shall hear and decide applications for Special Exceptions and Variances authorized under this Code in the manner prescribed as follows:

7.13.03. Standards of Review for Special Exceptions.

At the time of a proposal for a particular Special Exception Use, a detailed review of the location, design, configuration, and impact will be conducted by comparing the proposed use to fixed standards. Of particular importance are standards for weighing the public need for and benefit to be derived from the use, against the greater than local impact that it may cause. The review considers the proposal in terms of:

(A)

Whether and to what extent, the Special Exception Use at the particular location for which it is proposed, is necessary or desirable and in the interest of furthering the Comprehensive Plan, of providing for the public convenience, or of contributing to the general welfare of Hardee County;

(B)

Whether and to what extent all steps possible have been taken by the developer to minimize any adverse effects of the Special Exception Use on the immediate vicinity and on the public health, safety, and welfare in general;

(C)

Whether and to what extent, planned and proposed public and private developments may be adversely affected by the Special Exception Use; and

(D)

Whether and to what extent, existing zoning and land use in the vicinity of the Special Exception Use require special considerations and conditions.

(E)

Whether and to what extent, the proposed Special Exception is compatible with the following standards:

(01)

Whether one or more of the following design standards proposed for the subject property will differ substantially from the design standards currently allowed for any of the adjacent properties, such as:

a.

Yards;

b.

Setbacks;

c.

Height;

d.

Lot Coverage;

e.

Impervious Surface Coverage;

f.

Parking;

g.

Hours of Operation.

(02)

Whether the intensity or density of use will be greater or lesser than that currently permitted for adjacent or currently existing properties;

(03)

Whether the proposed change in land use will adversely alter the existing land use pattern;

(04)

Whether the proposed change in land use will significantly increase traffic congestion or otherwise affect public safety;

(05)

Whether the proposed change in land use will adversely affect the drainage of the property;

(06)

Whether the proposed change in land use will decrease the quality of water, air or light to adjacent properties;

(07)

Whether the proposed change in land use will adversely affect the property values of the adjacent properties;

(08)

Whether the proposed change in land use will cause noticeable glare, noise, or odors for the adjacent properties;

(09)

Whether the proposed change in land use would create a mixture of land uses so dissimilar to the existing pattern of development, that the overall quality and character of the surrounding neighborhood would be degraded; and

(10)

Whether the detrimental effects of any identified incompatibilities can be mitigated or eliminated by adequate buffering.

7.13.04. Variances.

Any person, firm or corporation owning property in Hardee County may apply for a variance from specific provisions of this Code, excepting those relating to permitted land uses, concurrency and consistency with the Comprehensive Plan. Variances shall be granted only by the Board of County Commissioners in a public hearing that has been advertised in accordance with Section 8.05.00 of this Code. Variances granted by the Board of County Commissioners shall be the minimum necessary to provide a reasonable use of the property and may be approved subject to time limits or any other conditions that the Board of County Commissioners deems appropriate.

7.13.04.01. Criteria for Granting a Variance.

The granting of a variance shall be based on a determination by the Board of County Commissioners that the request will not be contrary to the public interest and the intent of this Code, and that strict enforcement of the regulation in question would create an undue and unnecessary hardship for the applicant. Considerations of health, convenience or economics shall not be considered as justification for a variance. Approval of a variance shall be based solely on the following criteria, all of which must be fully satisfied:

(A)

Special conditions and circumstances exist that are peculiar to the land or structure involved and that are not applicable to other lands or structures in the same land use classification;

(B)

The special conditions and circumstances do not result from the actions of the applicant;

(C)

The requested variance, if approved, will not confer on the applicant any special privilege that is denied by the provisions of this Code to other lands or structures in the same land use classification;

(D)

Literal interpretation of the provisions of this Code would deprive the applicant of rights commonly enjoyed by other properties in the identical land use classification and will constitute an unnecessary and undue hardship on the applicant;

(E)

That the variance granted is the minimum variance that will make possible a reasonable use of the land or structure;

(F)

That the granting of the variance will be in harmony with the general intent of this Code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare;

(G)

Whether and to what extent, the proposed Variance is compatible with the following standards:

(01)

Whether one or more of the following design standards proposed for the subject property will differ substantially from the design standards currently allowed for any of the adjacent properties, such as:

a.

Yards;

b.

Setbacks;

c.

Height;

d.

Lot Coverage;

e.

Impervious Surface Coverage;

f.

Parking;

g.

Hours of Operation.

(02)

Whether the intensity or density of use will be greater or lesser than that currently permitted for adjacent or currently existing properties;

(03)

Whether the proposed change in land use will adversely alter the existing land use pattern;

(04)

Whether the proposed change in land use will significantly increase traffic congestion or otherwise affect public safety;

(05)

Whether the proposed change in land use will adversely affect the drainage of the property;

(06)

Whether the proposed change in land use will decrease the quality of water, air or light to adjacent properties;

(07)

Whether the proposed change in land use will adversely affect the property values of the adjacent properties;

(08)

Whether the proposed change in land use will cause noticeable glare, noise, or odors for the adjacent properties;

(09)

Whether the proposed change in land use would create a mixture of land uses so dissimilar to the existing pattern of development, that the overall quality and character of the surrounding neighborhood would be degraded; and

(10)

Whether the detrimental effects of any identified incompatibilities can be mitigated or eliminated by adequate buffering.

7.13.05. Application.

(A)

Application; Fees. All requests for Special Exceptions or a Variance shall be submitted on an application form available from the Planning and Development Division, together with all applicable fees as provided by resolution.

(B)

Contents. The application shall contain the following items, as applicable:

(01)

A legal description and street address of the property;

(02)

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

(03)

Narrative description of the request along with a justification for its consideration;

(04)

Concept Development Plan.

7.13.06. Review of Proposed Special Exception or Variance.

(A)

Completeness Review. Within 30 calendar days of receipt of an application, the Planning and Development Division shall:

(01)

Determine that the information is incomplete and inform the applicant in writing of the deficiencies; and,

(02)

Determine that the application is complete and proceed with the following procedures.

(B)

Report to Planning and Zoning Board. Each application shall include a written report containing recommendations on the proposed Special Exception or Variance to the Planning and Zoning Board prior to the meeting at which the application will be heard. A copy of the report shall be made available to the applicant. The Planning and Zoning Board review shall include a concurrency management review of the proposed use pursuant to the standards and procedures in Article 6 of this Code.

(C)

Planning and Zoning Board Hearing. The Planning and Zoning Board shall hold a public hearing on each application and make recommendation to the Board of County Commissioners.

(D)

Conditions and Safeguards. The development and use of the site of an approved Special Exception shall be in accordance with the approved site plan and application materials. The approved site plan shall be filed with the Building Official, and all development shall be in compliance with that plan. The Board of County Commissioners may recommend and may impose on the grant of any Special Exception any conditions or safeguards found to be necessary to ensure the compatibility of the Special Exception with surrounding properties or the community in general. These may include, but are not limited to, requiring restrictions on hours of operation and size of buildings, additional landscape and buffer areas, limiting vehicular access points and location of off-street parking, and similar conditions. 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, in addition to any other remedy for such violation provided in this Code.

(E)

Burden of Proof for a Special Exception Use. The burdens of proof for a Special Exception are as follows:

(01)

The initial burden is upon the applicant to prove that the Special Exception request is consistent with the Comprehensive Plan and complies with all procedural requirements of the Land Development Regulations.

(02)

At this point, the burden shifts to the County to demonstrate that granting the Special Exception would be adverse to the public interest.

(F)

Findings. The Board of County Commissioners shall make written findings, based on one or more of the reasons listed above, in support of a denial of an application for a Special Exception or Variance.

7.13.07. Expiration or Abandonment of Special Exception Use.

If a Special Exception does not begin to serve the purpose for which it was granted permission within one year from the date of approval, it shall expire. Once initiated, the Special Exception use may continue indefinitely or until the expiration of any time limit established as a condition of approval. However, if such use is abandoned for one year, it shall expire. The Planning and Development Division will establish a process to perform an annual review to determine continuing need of any and all Special Exceptions.