§ 110-73. Development Under an Approved Conditional Use Permit.
(a)
Effect of issuance of a conditional use approval. Approval for a conditional use shall be deemed to authorize only the particular use for which it is issued. A conditional use approval shall not be transferred to a successive owner without notification to the Planning Director within 60 days of the transfer.
(1)
Unless otherwise specified in a major conditional use approval, all required building permits and certificates of occupancy and/or certificates of completion shall be procured within three (3) years of the date on which the major conditional use approval is recorded and filed in the official records of Monroe County, or the major conditional use approval shall become null and void with no further action required by the county. Approval time frames do not change with successive owners. Extensions of time to a major conditional use approval may be granted only by the Planning Commission for periods not to exceed two (2) years, unless otherwise specified. Applications for extensions shall be made prior to the expiration dates. Extensions to expired major conditional use approvals shall be accomplished only by re-application for the major conditional uses. When a hearing officer has ordered a conditional use approval initially denied by the Planning Commission, the Planning Commission shall nonetheless have the authority to grant or deny a time extension under this section. If the Planning Commission denies a time extension, the holder of the conditional use may request an appeal of that decision under chapter 102, article VI by filing the notice required by that article within 30 days of the written denial of the Planning Commission.
(2)
Unless otherwise specified in a minor conditional use approval, all required building permits and certificates of occupancy and/or certificates of completion shall be procured within three years of the date on which the minor conditional use approval is recorded and filed in the official records of Monroe County, or the minor conditional use approval shall become null and void with no further action required by the county. Approval time frames do not change with successive owners. Extensions of time to a minor conditional use approval may be granted only by the Planning Director for periods not to exceed one year. Applications for extensions shall be made prior to the expiration dates. Extensions to expired minor conditional use approvals shall be accomplished only by re-application for the minor conditional uses. When a hearing officer has ordered a conditional use approval initially denied by the Planning Director, the Planning Director shall nonetheless have the authority to grant or deny a time extension under this section. If the Planning Director denies a time extension, the holder of the conditional use may request an appeal of that decision under Chapter 102, Article VI by filing the notice required by that article within 30 days of the written denial of the Planning Director.
(3)
Development of the use shall not be carried out until the applicant has secured all other permits and approvals required by this Land Development Code, Florida Building Code, and/or regional, state and federal agencies and until the approved conditional use is recorded in accordance with Section 110-72.
(4)
In the case of conditional use permit approvals for sites that have existing development, lawful uses that are in existence but anticipated to be demolished may remain in place while the redevelopment is taking place to provide an opportunity for the site to remain functional. The timeframe for removal of existing structures and uses shall be included in the conditional use approval.
(b)
Enforcement. Whenever the Planning Director has reason to believe the provisions and/or conditions of a conditional use permit are being violated, the Planning Director and Code Compliance Director shall notify the alleged violator by certified mail and require corrective action of the violation(s) within a reasonable period of time, not to exceed 120 days. If necessary, for the protection of the public health, safety or welfare, the Planning Director may notify the Building Official to issue a temporary order stopping any and all work on the development until such time as the violation is cured. If the violation(s) is not corrected within the time specified, the violation(s) shall be referred to the Code Compliance Department for Enforcement.
(c)
Deviations to a conditional use permit approval. Deviations may be made to developments approved by conditional use permits and existing uses deemed to have conditional use permits in accordance with Section 101-4(c) as follows:
(1)
Deviations that do not result in additional impact. After development approved by a conditional use permit is complete pursuant to Section 110-73(d), improvements that do not result in additional impact may be approved as of right through the building permit application process. Such modifications are limited to the following:
a.
Normal maintenance or repair to permit continuation of an approved use(s) and/or structure(s);
b.
Construction and/or installation of an accessory structure that does not reduce the approved amount of open space for the site, does not alter any aspect of an approved structure(s) and/or required landscaping, and meets all requirements of this Land Development Code;
c.
Replacement of an approved structure with a new structure that is for the same use, within the same building footprint of the building to be replaced, and of equal or lesser height of the building to be replaced. However in no event shall the preceding language permit the continued existence or replacement of a nonconforming use or nonconforming structure prohibited by Chapter 102, Article III, Nonconformities;
d.
Installation of additional landscaping or the replacement of approved landscaping; or
e.
Demolition of a structure that is not required by the development order.
f.
For approved commercial retail uses only, a change of intensity from high to medium or low or a change of intensity from medium to low.
The preceding improvements may not be permitted as of right if their approval would result in a substantial change in the overall impact or intent of the development order or violate a provision or condition of the development order, as determined by the Planning Director.
(2)
Minor deviations to minor and major conditional use permits. Minor deviations to minor or major conditional use permits may be approved by the Planning Director. Such modifications are limited to the following:
a.
Additional development that requires a deviation of up to ten percent (10%) of one or more the following requirements as follows:
1.
Decrease in the amount of off-street parking;
2.
Decrease in the amount of loading/unloading spaces;
3.
Decrease in the amount of landscaping;
4.
Modification of the bufferyard width and/or plantings;
5.
Modification to the access configuration;
6.
Increase in the amount of nonresidential floor area; and/or
7.
Decrease in the amount of open space.
b.
Additional development that requires a deviation of up to five percent (5%) of one or more the following requirements as follows:
1.
Increase in the amount of dwelling units; and/or
2.
Increase in the amount of transient dwelling units, including hotel-motel, recreational vehicle and/or institutional dwelling units.
c.
For approved commercial retail or restaurant uses only, additional development or redevelopment that requires an increase of up to 10 percent of the approved intensity in terms of trip generation.
d.
Adjustments to the development plan schedule or phasing plan. However, in no event may a minor deviation extend any final deadlines for completion as such an approval may only be granted in accordance with subsection (a).
Development approved by a minor deviation shall be consistent with all policies and requirements of the Comprehensive Plan and this Land Development Code.
Concerning major conditional use permits, regardless of compliance with the preceding requirements, improvements or additional development may not be permitted as a minor deviation if such would result in a substantial change in the overall impact or intent of the development order or violate a provision or condition of the development order. Such improvements or additional development may only be approved by the Planning Commission through a major deviation or an amendment to the major conditional use permit.
Concerning minor conditional use permits, regardless of compliance with the preceding requirements, improvements or additional development may not be permitted as a minor deviation if such would result in a substantial change in the overall impact or intent of the development order. Such improvements or additional development may only be approved by an amendment to the minor conditional use permit.
If the development requiring the minor deviation meets the requirements, the Planning Director may attach new conditions or adjust the original conditions as necessary to carry out the purposes of the Comprehensive Plan and Land Development Code and to prevent or minimize adverse effects on other properties in the neighborhood.
Requests for minor deviations shall be submitted to the Planning and Environmental Resources Department on a form prescribed by the Planning Director. Minor deviation approvals and denials shall be provided to the applicant in writing and are subject to administrative appeal to the Planning Commission.
(3)
Major deviations to minor conditional use permits. Major deviations to minor conditional use permits may be approved by the Planning Director. Such modifications are limited to the following:
a.
Additional development that requires a deviation of 11 to 20 percent of one or more the following requirements as follows:
1.
Decrease in the amount of off-street parking;
2.
Decrease in the amount of loading/unloading spaces;
3.
Decrease in the amount of landscaping;
4.
Modification to the bufferyard width and/or plantings;
5.
Modification to the access configuration;
6.
Increase in the amount of nonresidential floor area; and/or
7.
Decrease in the amount of open space.
b.
Additional development that requires a deviation of six (6) to 10 percent of one or more the following requirements as follows:
1.
Increase in the amount of dwelling units; and/or
2.
Increase in the amount of transient dwelling units, including hotel-motel, recreational vehicle and/or institutional dwelling units.
c.
For approved commercial retail or restaurant uses only, additional development or redevelopment that requires an increase of 11 to 20 percent of the approved intensity in terms of trip generation.
Development approved by a major deviation shall be consistent with all policies and requirements of the Comprehensive Plan and this Land Development Code.
Regardless of compliance with the preceding requirements, improvements or additional development to a minor conditional use permit may not be permitted as a major deviation if such would result in a substantial change in the overall impact or intent of the development order. Such improvements or additional development may only be approved by an amendment to the minor conditional use permit.
If the development requiring the major deviation meets the requirements, the Planning Director may attach new conditions or adjust the original conditions as necessary to carry out the purposes of the comprehensive plan and Land Development Code and to prevent or minimize adverse effects on other properties in the neighborhood.
Requests for major deviations shall be submitted to the Planning and Environmental Resources Department on a form prescribed by the Planning Director. Major deviations to minor conditional use permit approvals and denials shall be provided to the applicant in writing and are subject to administrative appeal to the Planning Commission.
(4)
Major deviations to major conditional use permits. Major deviations to major conditional use permits shall be approved by the Planning Commission. Such modifications are limited to the following:
a.
Additional development that requires a deviation of 11 to 20 percent of one or more the following requirements as follows:
1.
Decrease in the amount of off-street parking;
2.
Decrease in the amount of loading/unloading spaces;
3.
Decrease in the amount of landscaping;
4.
Decrease in the bufferyard width and/or plantings;
5.
Access pursuant to Section 114-195 through 114-199 or the approved conditional use permit, whichever is more restrictive;
6.
Increase in the amount of nonresidential floor area approved by the major conditional use permit; and/or
7.
Decrease in the amount of open space required pursuant to sections 130-157, 130-162 and 130-164 or the approved major conditional use permit, whichever is more restrictive.
b.
Additional development that requires a deviation of six (6) to 10 percent of one or more the following requirements as follows:
1.
Increase in the amount of dwelling units; and/or
2.
Increase in the amount of transient dwelling units, including hotel-motel, recreational vehicle and/or institutional dwelling units.
c.
For approved commercial retail or restaurant uses only, additional development or redevelopment that requires an increase of 11 to 20 percent of the approved intensity in terms of trip generation.
Development approved by a major deviation shall be consistent with all policies and requirements of the Comprehensive Plan and this Land Development Code.
Regardless of compliance with the preceding requirements, improvements or additional development to a major conditional use permit may not be permitted as a major deviation if such would result in a substantial change in the overall impact or intent of the development order. Such improvements or additional development may only be approved by an amendment to the major conditional use permit.
If the development requiring the major deviation meets the requirements, the Planning commission may attach new conditions or adjust the original conditions as necessary to carry out the purposes of the Comprehensive Plan and Land Development Code and to prevent or minimize adverse effects on other properties in the neighborhood.
Requests for major deviations shall be submitted to the Planning and Environmental Resources Department on a form prescribed by the Planning Director. Applications for major deviations to major conditional use permits shall be reviewed by the Development Review Committee prior to the Planning Commission public hearing.
Major deviation to major conditional use permit approvals and denials shall be provided to the applicant in writing and are subject to appeal to a hearing officer under chapter 102, article VI, division 2 by filing the notice required by that article within 30 days of the date of the written decision of the Planning Commission.
(5)
Amendment to minor and major conditional use permits. Any adjustment, improvement or additional development that is not permitted as of right, as minor deviation, or as major deviation as set forth in subsections (c)(1), (c)(2), (c)(3) or (c)(4) shall be processed as an amendment to a conditional use permit subject to the process and standards in accordance with Section 110-67 and Section 110-70.
(6)
Rounding. When units or measurements determining the required standards in this section result in a fractional unit, any fraction less than one-half shall be disregarded and fractions of one-half or greater shall round to the next integer.
(7)
Variances and waivers. Under no circumstances shall approval of a minor or major deviation to a conditional use permit negate any requirement to obtain a variance or waiver if the adjustments require such pursuant to this Land Development Code. If a variance or waiver is necessary to show compliance with any of the requirements set forth in subsections (c)(1), (c)(2), (c)(3) or (c)(4), the variance or waiver shall be granted prior to the related minor or major deviation approval.
(8)
Timeframe. Deviations in accordance with this section may be approved during construction or after issuance of a certificate of occupancy.
(d)
Inspections after development.
(1)
Inspections by the Planning and Environmental Resources Department. Following completion of the development of a conditional use permit, the Planning and Environmental Resources Department shall review the development for compliance with the use as approved. If it is determined that the conditional use permit has been developed in accordance with the approval, then a certificate of occupancy shall be issued in accordance with Section 6-145. If the Planning Director finds that the development, as completed, fails in any respect to comply with the use as approved, he or she shall immediately notify the Building Official, the Planning Commission, the BOCC, and the applicant of such fact. The Building Official shall not issue a certificate of occupancy pursuant to Section 6-145 until the Planning Commission has acted on the Planning Director's notification of noncompliance.
(2)
Action by the Planning Commission. Within 30 working days following notification by the Planning Director, the Planning Commission shall:
a.
Recommend that the finding of the Planning Director be overruled;
b.
Recommend to the applicant modifications in the development to bring it into accord with the terms and provisions of the final site plan approval and the conditional use permit; or
c.
Revoke the conditional use permit, as well as all prior approvals and related or resulting permits.
(3)
Appeal before hearing officer. The holder of a conditional use permit approval aggrieved by the decision of the Planning Director pursuant to subsection (b) of this section may request an appeal before a hearing officer under chapter 102, article VI, division 2 by filing the notice required by that article within 30 days of the date of the written decision of the Planning Director.
( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)