§ 110-69. Minor Conditional Uses.

(a)

Applications for a minor conditional use permit. An application for a minor conditional use permit shall be submitted to the Planning Director in the form provided by the Planning and Environmental Resources Department. If an application for a minor conditional use permit includes a major conditional use, then the minor conditional use shall be considered in conjunction with the major conditional use in accordance with the procedures of Section 110-70.

The application shall include:

(1)

The name and address of the property owner(s) of record;

(2)

The property record card(s) from the Monroe County Property Appraiser;

(3)

A written legal description of the property proposed for development;

(4)

A boundary survey of the property proposed for development, prepared by a surveyor registered in the State of Florida, showing the boundaries of the site, elevations, bodies of water and wetlands on the site and adjacent to the site, existing structures including all impervious areas, existing easements, total acreage and total acreage by habitat;

(5)

A site plan, prepared and sealed by a professional architect, engineer, or any other professional licensed to prepare a site plan. The site plan shall be drawn to a scale of one inch equals ten feet or one inch equals twenty feet. At a minimum, the site plan shall depict the following features and information:

a.

Date, north point and graphic scale;

b.

Boundary lines of site, including all property lines and mean high-water, lines shown in accordance with Florida Statutes;

c.

All attributes from the boundary survey;

d.

Future Land Use Map (FLUM) designation(s) of the site;

e.

Land Use (Zoning) District designation(s) of site;

f.

Tier designation(s) of the site;

g.

Flood zones pursuant to the Flood Insurance Rate Map;

h.

Setback lines as required by this Land Development Code;

i.

Locations and dimensions of all existing and proposed structures, including all paved areas and clear site triangles;

j.

Size and type of buffer yards and parking lot landscaping areas, including the species and number of plants;

k.

Extent and area of wetlands, open space preservation areas and conservation easements;

l.

Delineation of habitat types to demonstrate buildable area on the site, including any heritage trees identified and any potential species that may use the site (certified by an approved biologist and based on the most current professionally recognized mapping by the U.S. Fish and Wildlife Service);

m.

Drainage plan including existing and proposed topography, all drainage structures, retention areas, drainage swales and existing and proposed permeable and impermeable areas;

n.

Location of fire hydrants or fire wells;

o.

The location of public utilities, including location of the closest available water supply system or collection lines and the closest available wastewater collection system or collection lines (with wastewater system provider) or on-site system proposed to meet required county and state wastewater treatment standards; and

p.

A table providing the total land area of the site, the total buildable area of the site, the type and square footage of all nonresidential land uses, the type and number of all units, the amounts of impervious and pervious areas, and calculations for land use intensity and density, open space ratio, and off-street parking; and

(6)

Any additional information required by a specific regulation applying to the proposed development.

(b)

Review by the Development Review Committee. An application for a minor conditional use permit shall be reviewed by the Development Review Committee (DRC). At the meeting, DRC members may comment on the application and responsible Planning and Environmental Resources Department staff shall provide their staff report(s). The applicant shall provide any additional information requested by the DRC within 6 months of the date of the DRC meeting when the application was considered. If such information is not received within this timeframe, the application will be deemed withdrawn. DRC members may submit additional reports and comments to the Planning Director within five (5) working days in advance of the meeting. Mailed notice of the DRC meeting shall be sent to surrounding property owners in accordance with Section 110-5.

(c)

Decision by the Planning Director. Within 60 days after the DRC meeting, the Planning Director shall render a development order granting, granting with conditions or denying the application for a minor conditional use permit, with the exception of any application where a condition has been imposed that must be satisfied prior to the issuance of a development order approving the minor conditional use permit, in which case the development order shall be issued within 30 days after receipt of proof of satisfaction of the condition(s). Such proof of satisfaction must be submitted to the Planning Director within 6 months of notification to the applicant by the County. If such proof is not received within this timeframe, the application will be deemed withdrawn.

(d)

Notice of grant of a minor conditional use permit. The Planning Director shall give both advertised and mailed notice of any development order granting a minor conditional use in accordance with Section 110-5.

(e)

Consideration of a minor conditional use approval by the Planning Commission. For applications for minor conditional use approval where the Planning Director determines the application has unique or peculiar circumstances and the applicant and the Planning Director by mutual consent agree, the Planning Director may request a public hearing by the Planning Commission. Such agreement shall be documented in writing in a form approved by the County Attorney.

(f)

Appeal of a minor conditional use approved by the Planning Director. The applicant, an adjacent property owner, or any aggrieved or adversely affected person, as defined by F.S. § 163.3215(2), may request an appeal of the Planning Director's minor conditional use decision under chapter 102, article VI, division 2 by filing the notice required by that article within 30 days of the written decision of the Planning Director.

(g)

Appeal of a minor conditional use approved by the Planning Commission. The applicant, an adjacent property owner, or any aggrieved or adversely affected person, as defined by F.S. § 163.3215(2), or any person who presented testimony or evidence at the public hearing conducted pursuant to subsection (c) of this section may request an appeal of the Planning Commission's decision under chapter 102, article VI, division 2 by filing the notice required by that article within 30 days of the written decision of the Planning Commission.

( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)