§ 8. Special exception use regulations.

Special exception uses may be permitted in those zoning districts where designated by this ordinance but only when specifically approved by the planning and zoning commission in accordance with the provisions hereunder. All special exception uses shall be subject to the following regulations unless otherwise stated in this article.

A.

Powers and duties. In considering the granting of a special exception permit, the planning and zoning commission shall have the following powers and duties:

(1)

The Commission shall hear and decide on applications for special exception use permits; to decide such questions as are involved in the determination of when special exceptions should be granted; to grant special exceptions with appropriate conditions and safeguards; to deny special exceptions when not in harmony with the purpose and intent of the Land Development Regulations.

(2)

In granting any special exception, the Commission shall find that such grant will not adversely affect the public interest.

(3)

In granting any special exception, the Commission may prescribe appropriate conditions and safeguards in conformity with the Land Development Regulations. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this ordinance.

(4)

If a developer fails to obtain a building permit for the vertical construction of the principal or primary building within a period of not more than two (2) years from the approval date or the special exception use is not established during this period, then the special exception use permit shall be null and void.

(5)

Where deemed appropriate by the Commission, an application for a special exception may be approved as a conditional use subject to the limitations and requirements thereof, including reasonable time limits on such use.

B.

Special exception general standards. All special exception uses shall be subject to the following regulations:

(1)

Uses. A special exception use shall be used for only those buildings, uses and accessory buildings specifically indicated, and shall not exceed the maximum size, density, intensity, number of units or other measurement or limiting factors so indicated, in the approval of the special exception use.

(2)

Compatibility. The tract of land must be suitable for the type of special exception use proposed by virtue of its location, shape, topography and the nature of surrounding development.

(3)

Standards. Required standards and regulations for special exception uses and buildings are as follows:

(a)

All special exception uses shall be subject to the general regulations for structures and uses, lots and yards and vehicles contained in this ordinance for principal building and single lot development as well as the specific dimension and area regulations for lots and structures in the specific zoning district in which the special exception use is proposed.

(b)

Minimum lot frontage on a street shall be sufficient to permit properly spaced and located access points designed to serve the type of special exception use proposed. The proposed use shall not attract inappropriate traffic volumes, noise or congestion. Wider spacing between access points and intersection street right-of-way lines should be required when the lot has more than the minimum required frontage on a street. All access points shall be specifically approved by the administrative official.

(c)

All buildings should be located an adequate distance from all property lines and street right-of-way lines. Greater building setback lines should be required when the lot has more than the minimum lot area required or when deemed necessary to protect surrounding properties.

(d)

Landscaped separation shall be provided along all property lines and along all streets serving the premises in conformance with the Hernando County Community Appearance Ordinance and as required by the planning and zoning commission. The premises shall be permanently screened from adjoining and contiguous properties by a wall, fence, evergreen hedge and/or other approved enclosure when deemed necessary to buffer the special exception use from surrounding areas.

(e)

The use shall be of a similar architectural scale to existing neighborhood development or take advantage of an existing building for its purposes.

(f)

Visual and functional conflict between the proposed use and nearby neighborhood uses, if existent, shall be minimal.

(g)

For special exception uses on local streets, traffic generation rates and traffic distribution rates associated with the proposed use will be reviewed to determine whether they exceed those typically associated with local street traffic.

(4)

Signs permitted: Sign location and size shall be indicated on the site plan submitted with the special exception use permit. The planning and zoning commission may approve signage up to the maximum allowed in the land development regulations regarding signs.

(5)

Special exception runs with the land. A special exception applies to the property for which it is granted and not to the individual who applies for it. A special exception which has not been discontinued as provided for herein, voluntarily relinquished by the property owner or has become void by operation of law is transferable to any future owner of the land, but it cannot: (i) be transferred by the applicant/property owner to a different site; (ii) be expanded as to size, density, intensity, number of units or other measurement or limiting factor(s) imposed in connection with its original approval; (iii) be changed as to approved use, or (iv) have new uses added, Further, the special exception shall become null and void if the parcel of land granted the special exception is reduced in size from the original approval size, the use for which the special exception is granted is discontinued for a period of two (2) consecutive years or the property owner voluntarily relinquishes the special exception use by notifying the county in writing. Nothing herein shall prevent a property owner that has lost, discontinued or relinquished any special exception use from reapplying by filing a new application and paying all required fees.

(6)

Expansion/change of special exception use. Any expansion of a special exception use as to size, density, intensity, number of units or other measurement or limiting factors imposed in connection with its original approval or any change of approved use or any addition of a new use will be treated as a new application, with the property owner filing a new application and paying all required fees in accordance with this article, and subject to public hearing and approval.

C.

Special exception uses:

(1)

The following special exception uses may be approved in all zoning districts:

(a)

Educational facilities.

(b)

Noncommercial amusement facilities.

(c)

Cemeteries.

(d)

Hospitals.

(e)

Nursing care homes.

(f)

Places of public assembly.

(g)

Child care facilities (more than five (5) children unrelated to the operator).

(h)

Substance-abuse rehabilitation facilities.

(i)

Congregate care homes and facilities.

(j)

Community residential homes which do not meet the exemption requirements.

(k)

Charitable organizations.

(l)

Distribution electric substations that distribute electricity through lines less than sixty-nine (69) kilovolts in size.

(2)

Specified zoning districts. Other special exception uses may be approved in only those zoning districts where they are designed as special exception uses under the zoning district regulations of this ordinance.

D.

Application procedure:

(1)

This provision shall govern all applications for a special exception use permit:

(a)

The application for a special exception use permit shall be in the form prescribed by the planning department and shall include a site plan (which, at a minimum, depicts the proposed special exception use in relation to the parcel of property on which it is to be located and adjoining properties, parking, access, buffers).

(b)

The application shall be signed by the property owner or accompanied by an affidavit of written permission by the property owner of record and shall include payment of any applicable application fees.

(c)

A public contact person must be designated on the application. The public contact person will be required to answer questions and provide information regarding the request to the public.

(d)

Depending upon the size, location or complexity of the requested special exception, planning department staff may request additional information. It is the ultimate responsibility of the property owner or designated agent to ensure that the application is complete and sufficient and all requested information and materials have been provided to county staff.

(2)

The applicant, upon being first advised by the planning department that the application is incomplete or insufficient, shall have a total of one hundred and eighty (180) days to correct all completeness and sufficiency deficiencies. If the applicant fails or refuses to correct such deficiencies within this period, the said application shall be deemed abandoned and void. Any applicant whose application is declared abandoned or void under this provision may re-file such application at a subsequent date, without prejudice, upon payment of all required fees and submitting a complete and sufficient application.

(3)

Upon an applicant being advised by the planning department that the application is complete and sufficient, a public hearing shall be promptly scheduled at the next available planning and zoning commission meeting allowing sufficient time for public notice and advertising. At the request of the commission, the governing body or the applicant, any scheduled public hearing may be continued until a date certain (which date shall be set by the commission or the governing body, respectively, in their sole discretion). Notwithstanding the foregoing, the commission shall render a decision on the merits of the application within one hundred and eighty (180) days of the applicant being advised that the application is complete and sufficient. It shall be the responsibility of the applicant to ensure that its application is scheduled and acted upon in a timely fashion. Any application not acted on by the commission within said one hundred and eighty (180) day period shall be deemed abandoned and void, and such application shall be closed out by the planning department with no refunds of any fees paid by the applicant. Any applicant whose application is declared abandoned or void under this provision may re-file such application at a subsequent date, without prejudice, upon payment of all required fees and submitting a complete and sufficient application.

E.

Public inquiry workshop.

(1)

Upon determination of need by the County staff based upon the number of public inquiries or the size and complexity of the proposed project, the applicant shall be required to conduct a Public Inquiry Workshop prior to the scheduling of a public hearing on the application at a location convenient to the site in question and appropriate for public assembly in Hernando County as follows.

a.

The applicant shall provide sign notice by posting the property a minimum of ten (10) days prior to the scheduled workshop with a Public Inquiry Workshop notice sign as supplied by the planning department. The sign notice hereunder shall be in addition to all other sign notice requirements under this article.

b.

The applicant shall provide mail notice a minimum of ten (10) days prior to the scheduled Public Inquiry Workshop, giving the time, place and purpose of the meeting to each property owner within one thousand (1,000) feet of the parcel covered by the application based on the mail list generated by the Property Appraiser's Office. The applicant shall provide the planning department a copy of the mail list and a notarized affidavit indicating that said notice was mailed. The mail notice hereunder shall be in addition to all other mail notice provisions under this article.

c.

The applicant shall provide a Citizen Sign-in sheet and executive summary explaining what information was provided to the public at the meeting to the County accompanied by a notarized affidavit indicating that the list is an official record of attendance at the meeting. The Citizen Sign-In sheet and executive summary will become a part of the official application file.

(2)

The applicant shall be responsible for all costs incurred in the notice procedure for the public inquiry workshop and the public hearing.

F.

Required notice for public hearing:

(1)

Publication notice. The county administrator or designee shall cause a notice of the time, place and purpose of a special exception hearing to be published in a newspaper of general circulation in the county at least ten (10) days in advance of the hearing.

(2)

Mail notice. The planning department shall provide mail notice giving the time, place, and purpose of the public hearing to each property owner within five hundred (500) feet of the parcel covered by the application based upon the mail list generated by the Property Appraiser's Office and furnished by the applicant. The notice shall be mailed at least ten (10) days prior to the scheduled public hearing date.

(3)

Sign notice . The applicant shall provide sign notice by posting sign(s) on the proposed special exception parcel at least ten (10) days in advance of the public hearing.

(a)

Such sign shall have the size, shape, design and color determined by the county administrator or designee. The following information shall be printed or otherwise made to appear on the sign:

PUBLIC NOTICE
SPECIAL EXCEPTION HEARING
PLANNING AND ZONING COMMISSION
HERNANDO COUNTY, FLORIDA
(insert date, meeting time, and location)
PROPOSED SPECIAL EXCEPTION
(description of special exception)

(b)

The sign(s) furnished by the county administrator or designee shall be posted by the applicant along each front lot line with the bottom of the sign at least three (3) feet above grade on the property being considered for a special exception. The sign cards shall be posted at the outer property line along the road or street frontage and shall be clearly visible. If the frontage is in excess of three hundred (300) feet, posting of the signs shall be determined by the county administrator or designee. In cases where the property does not have frontage on a road, the sign cards shall be posted at the property corners and where the access road intersects with the nearest county road.

(c)

After the signs are posted, the applicant shall prepare an affidavit certifying that the required signs were posted, including a description of the parcel of land on which the signs were placed. This affidavit must be filed with the County Administrator or designee prior to the public hearing. The County Administrator or designee shall make affidavit forms available for use by the applicant. It is the responsibility of the applicant to ensure that the sign(s) are appropriately posted and remain on the property during the public hearing process in a legible condition. If the condition of the sign(s) deteriorate through the process, it shall be the responsibility of the applicant to repost the property at no cost to the county. Failure to maintain the signs in accordance with this section may result in a delay of the public hearing process. The applicant shall be responsible for removal of the sign(s) within 10 days of the date the decision on the applicant's application becomes final or the date of appeal of a commission or governing body decision for judicial determination, whichever comes first. Failure to timely remove any such sign(s) is prohibited.

G.

Fees. The applicant shall pay all costs and expenses in connection with public notice of such hearing and related notices in addition to any other fee required for administration.

H.

Rejected special exception use permit: The commission may refuse to review any proposed special exception use permit which has been rejected by the commission within the past twelve month period. For purposes of this section, a special exception use permit request for the same land use classification will not be scheduled within the twelve month time period without approval by the commission. An applicant must make a written request to the commission for review and decision at a public meeting as to whether the commission wishes to hear the request within the twelve-month period.

I.

Review by governing body. The governing body, by a majority vote, may decide to review any special exception decision rendered by the planning and zoning commission.

The decision of the governing body to review such decision must be made within thirty (30) days of the rendering of the decision of the planning and zoning commission. If at least a majority (three (3) members) of the governing body do not vote to review the commission action within thirty (30) days, the commission decision shall be deemed final and subject only to review by circuit court.

The initial review of the decision by the governing body shall be at a public hearing held within sixty (60) days of the commission decision. "Public notice," for this subsection, shall mean publication of notice of the time, place and purpose of such hearing one time in a newspaper of general circulation in the county, such publication to be at least five (5) days prior to such hearing, and such notice shall be posted in a conspicuous place or places on or around such lots, parcels or tracts of lands as may be involved in the hearing. Mail notice and sign notice shall be provided in the same manner as the public hearing before the planning and zoning commission. Affidavit proof of the required publication shall be presented at the hearing.

The board of county commissioners by motion or written request of the applicant, any party with standing or by its own motion may extend or continue for a reasonable period, the time frames mentioned above. The board also has the authority to continue, on its own motion, to a later date a final decision on any special exception matter pending before it for review.

At the public hearing, the governing body may affirm, modify or reverse the decision of the planning and zoning commission.

The decision of the board reviewing any special exception decision rendered by the planning and zoning commission is final and any affected party has thirty (30) days from the rendition of the board of county commissioner's final decision to appeal to the circuit court by certiorari the board's final decision.

(Ord. No. 91-13, § 8, 7-2-91; Ord. No. 96-19, § 20, 9-10-96; Ord. No. 97-3, § 9, 3-4-97; Ord. No. 99-02, § 5, 2-2-99; Ord. No. 99-13, § 3, 7-6-99; Ord. No. 99-14, § 18, 7-6-99; Ord. No. 2001-24, §§ 12, 13, 12-18-01; Ord. No. 2003-02, §§ 13, 14, 2-11-03; Ord. No. 2004-11, §§ 19, 20, 8-3-04; Ord. No. 2005-01, § 6, 2-8-05; Ord. No. 2008-05, § XIX, 2-26-08; Ord. No. 2009-18, § IV, 12-8-09; Ord. No. 2013-11, § I, 4-23-13; Ord. No. 2016-18, § IV, 11-8-16)