§ 72-293. Special exceptions.

The following uses or structures are permitted as special exceptions only when listed as permitted special exceptions in division 7 and meeting all requirements as set forth in division 11.

(1)

Public utility uses and structures.

a.

Unless waived by the county council, a landscape buffer meeting the requirements of section 72-284 is required.

b.

A final site plan meeting the requirements of division 3 of the Land Development Code [article III] is required.

c.

Package sewage treatment plants may be permitted provided that they are consistent with the comprehensive plan and meet all applicable state requirements and the following additional requirements:

1.

Package sewage treatment plant structures shall not be located closer than 50 feet to adjoining lot lines.

2.

Evaporation/percolation ponds shall not be located within 100 feet of adjoining lot lines, streets rights-of-way, the mean high-water mark or waterbodies or bulkhead lines.

3.

Subsurface drainfields shall not be located within 50 feet of bulkhead lines or mean high-water mark of the waterbodies.

4.

When spray irrigation fields are used, the minimum distance between said fields and adjoining lot lines, street rights-of-way, the mean high-water mark of waterbodies, or bulkhead lines shall be determined on a case-by-case basis after due consideration of prevailing wind direction, average wind velocity or other conditions that might carry sprayed effluent onto adjoining premises.

5.

The package plant structures shall, in the absence of an appropriate natural vegetation screen, be visually screened from adjoining properties or street rights-of-way with an appropriate fence, decorative masonry wall or plant materials.

6.

Plants shall be designed to be transformed into a pump station when public central wastewater facilities are constructed to serve the area, provided that said availability is to be not more than ten years distant from the issuance of the development order/permit, except as provided for in subsection 7., below.

7.

Notwithstanding the provisions of subsection 6. above, a package plant intended to correct any existing problem of public health, safety or welfare, may be permitted.

d.

Package water treatment plants may be permitted providing they are consistent with the comprehensive plan and meet all applicable state requirements and the following additional requirements:

1.

Package water treatment plant structures shall not be located less than 50 feet to adjoining lot lines.

2.

Package water treatment plant structures shall, in the absence of an appropriate natural vegetation screen, be visually screened from adjoining properties or street rights-of-way with an appropriate fence, decorative masonry wall or plant material.

(2)

Professional or trade schools related to the permitted principal uses. Unless waived by the county council, landscaped buffer areas meeting the requirements of section 72-284 and off-street parking and loading spaces, meeting the requirements of section 72-286, shall be constructed.

(3)

Recreational areas and similar uses are permitted, provided:

a.

The total lot area covered with principal and accessory buildings shall not exceed 15 percent.

b.

No dwelling units shall be provided on the premises except for living quarters for a resident manager, watchman or caretaker. Those living quarters, if any, shall be constructed as part of the principal building.

c.

No principal or accessory building, swimming pool or tennis court shall be located less than 50 feet from any lot line.

d.

No outdoor loudspeaker or call system shall be audible on adjoining property.

e.

All artificial lights shall be directed away from adjoining properties.

f.

Unless waived by the county council, off-street parking areas meeting the requirements of section 72-286 and landscaped buffer areas meeting the requirements of section 72-284 shall be constructed.

(4)

Cemeteries, parochial or private schools are permitted, provided:

a.

No principal or accessory building shall be located less than 50 feet from any property line.

b.

Unless waived by the development review committee (DRC), off-street parking areas meeting the requirements of section 72-286 and landscaped buffer areas meeting the requirements of section 72-284 shall be constructed. Notwithstanding the provisions of subsection 72-286(1) off-street parking and loading areas shall be surfaced with brick, asphalt, bituminous, concrete or packed shall or marl material and shall be maintained in a smooth, well-graded condition.

c.

Cemeteries shall comply with F.S. ch. 497, including the minimum acreage requirements and any other applicable governmental regulations.

d.

All schools must meet the requirements of F.S. § 333.3(3) or obtain a variance under division 10 of this article.

(5)

Mini-warehouses, designed and operated according to the following standards:

a.

No garage sales shall be conducted on the premises. No servicing or repair of motor vehicles, watercraft, trailers, lawn mowers and other similar equipment shall be conducted on the premises.

b.

Parking: As required by section 72-286(5).

c.

There shall be a minimum of 30 feet between warehouse buildings for driveway, parking and fire lane purposes.

d.

A landscaped buffer area meeting the requirements of section 72-284 shall be constructed.

(6)

Day care centers designed and constructed according to the applicable state standards and the following:

 The intensity of the facility (e.g., number of residents) shall be compatible with the density and character of the surrounding residential area.

(7)

Flea markets are permitted, provided:

a.

They operate only during daylight hours.

b.

Adequate refuse containers are provided.

c.

The area is completely clear of litter and other refuse after each day of operation.

d.

They do not contain more than 80 rental spaces or structures per acre.

e.

They contain at least three off-street parking spaces, ten feet by 20 feet in size, for each rental space or structure, all parking areas to have a hard, stabilized, but not necessarily paved, surface.

f.

They do not offer for sale automobiles, motorcycles, watercraft or any item which is prohibited by local, state or federal law.

g.

All merchandise displayed or offered for sale shall be removed from the premises at the end of the day of business, unless such merchandise is stored in any of the following ways:

1.

Stored in a fully enclosed building, meeting all county codes and regulations.

2.

Stored in a fully enclosed booth inside a partially enclosed building meeting all county codes and regulations.

3.

Stored in a portable storage container which meets all county codes and regulations. Vehicles, trailers or truck boxes cannot be used for this purpose.

4.

Stored in a booth inside a partially enclosed building, if enclosed or covered by fire-retardant tarpaulins or other fire-retardant material meeting all county codes and regulations.

5.

Stored in a chest-type locker or cabinet left in the booth inside a partially enclosed or fully enclosed building. The dimensions cannot exceed six feet high by four feet deep, by eight feet long.

Because of their nature, the following merchandise may be stored in the vendor booth without being enclosed or covered:

i.

Plants, shrubs and trees.

ii.

Produce, citrus and fruit.

iii.

Large concrete statuary.

Each of the above types of storage shall be uniform and enhance the appearance of the market. Buildings that were originally designed to have open sides cannot be enclosed beyond 50 percent of their total perimeter. All enclosures shall be of the type approved by Volusia County; and if required, a permit must be obtained prior to constructing the enclosure. Portable storage containers must be placed six feet from the main building and must be adjacent to an open space on one side. Chest-type lockers or cabinets in booths in partially enclosed buildings may be used provided the perimeter wall or the booth housing the locker or the perimeter wall of the adjacent booth are open and can be used for exiting during business hours.

The outside walls of all perimeter booths in partially enclosed buildings shall remain open during business hours unless a permit has been issued to enclose the outside wall. Metal or tarpaulin awnings on the outside wall shall be maintained at a minimum height of seven feet.

All vendor trailers, vehicles, forklifts or similar type equipment must be removed from the premises after the last consecutive day of business unless it is stored in the storage compound area approved by Volusia County.

h.

[Repealed by Ord. No. 88-2, § XVIII, 1-19-88].

i.

Flea markets existing on the effective date of this article may continue or remain in operation for one year from the effective date hereof and shall thereafter comply with subsections a. through h. of these regulations.

j.

A letter stating compliance with applicable health department regulations is submitted at the time of application.

(8)

[Repealed by Ord. No. 88-2, § LXXXV].

(9)

Permanent and temporary asphalt and cement batching plants are permitted, provided the following conditions are met:

a.

Each application shall be accompanied by a sketch plan at a scale of not less than one inch equals 100 feet, showing the location of the facilities with the proper legal description and such other information as may be necessary to explain the proposed site and facilities operation.

b.

The applicant shall submit a written report outlining the reasons for placing the batching facilities in the particular location and stating the duration of time for which the applicant intends to operate the said batching facilities. Permission to locate and operate temporary batching facilities shall be granted for a period not to exceed six months. An additional extension of time not to exceed six months may be granted upon expiration of the time period initially granted if exceptional circumstances warrant it.

c.

All batching facilities shall be located no closer than 150 feet to the nearest public road, and shall be located no closer than 100 feet to any perimeter property lines, and shall be located no closer than 300 feet to any existing residential dwelling.

d.

All permitted materials shall be maintained in a neat and orderly manner and shall be covered and/or wet down regularly so as to prevent debris from leaving the area of the site.

e.

Routes of supply vehicles or material handling vehicles shall be arranged so as to minimize nuisances or hazards to existing residential neighborhoods or commercial businesses.

f.

The county council may limit the time of day during which the batching plant may be operated and may make such further conditions as would protect the public health, safety, morals and welfare.

g.

If the plant is temporary, the county council shall require a performance bond or surety bond conditional upon the removal of the facilities and restoration of the site to an acceptable condition at the time specified by the county council.

(10)

Junkyards.

a.

No principal or accessory building shall be located less than 50 feet from any property line of the premises.

b.

No junk shall be maintained less than 50 feet from any property line.

c.

A solid fence or wall at least six feet in height shall completely surround the area of the premises used for placing or storing any of the junk.

d.

Unless waived by the county council, off-street parking areas meeting the requirements of section 72-286 and landscape buffer areas meeting the requirements of section 72-284 shall be constructed.

e.

All liquid pollutants, including but not limited to petroleum derivatives, shall be contained in such a manner as to prevent said liquids/wastes from reaching the ground and any watercourse or waterbody.

(11)

Farm worker living facility.

a.

The minimum floor area per dwelling shall be 720 square feet.

b.

No detached dwelling used in the farm worker living facility shall be closer than 50 feet to any other detached dwelling.

c.

No dwelling used as a farm worker living facility shall be closer than 100 feet to any property line of the premises on which it is placed.

d.

Potable water and sewage disposal facilities shall be in compliance with all applicable provisions of the Florida law and the comprehensive plan.

e.

If not already in existence; a visual screen of natural plant materials meeting the requirements of subsection 72-284(2)d., located between the dwellings and all adjoining property lines, shall be constructed and maintained.

f.

The area between the ground and the floor of a mobile home dwelling used as a farm worker living facility shall be enclosed with skirting.

g.

No subsequent expansion of a farm worker living facility as shown on the approved site plan for the special exception shall be allowed unless another special exception for that expansion is approved. However, subsequent decrease of the approved uses are permitted.

h.

The applicant shall provide information to the enforcement official as to the kind of agricultural operation existing on the premises at the time of application for the farm worker living facility.

i.

[Premises size; maximum number of dwellings.]

Size of Premises	Maximum Number of Dwellings Authorized Based on Size of Premises
5 or more acres but less than 20 acres .....	1
20 or more acres but less than 30 acres .....	2
30 or more acres but less than 40 acres .....	3
40 or more acres but less than 50 acres .....	4
50 or more acres but less than 60 acres .....	5
60 or more acres but less than 70 acres .....	6
70 or more acres but less than 80 acres .....	7
80 or more acres .....	8

 

The dwellings may be arranged in a cluster fashion on the premises.

(12)

Group homes and nursing homes, boarding houses.

a.

The scale of the facility (e.g., number of residents) shall be compatible with the density and character of the surrounding residential area.

b.

No principal or accessory building shall be located less than 45 feet from any property line.

c.

Unless waived by the county council, off-street parking and loading areas meeting the requirements of section 72-286 and landscaped buffer areas meeting the requirements of section 72-284 shall be constructed.

(13)

Private clubs are permitted provided:

a.

The total lot area covered with principal and accessory buildings shall not exceed 15 percent.

b.

No principal or accessory building, swimming pool or tennis court shall be located less than 50 feet from any lot line.

c.

No outdoor loudspeaker or call system shall be audible on adjoining property.

d.

All artificial lights shall be directed away from adjoining properties.

e.

Unless waived by the county council, off-street parking areas meeting the requirements of section 72-286 and landscaped buffer areas meeting the requirements of section 72-284 shall be constructed.

(14)

Off-street parking areas are permitted as indicated in the zoning classification as a special exception on vacant lots that are contiguous to or lie directly across the street from the property which the parking will serve, providing the following conditions are met:

a.

The off-street parking area shall be used to serve a proposed or existing conforming commercial or industrial use.

b.

The off-street parking area shall be used exclusively for additional off-street parking spaces that exceed the minimum off-street parking space requirements of subsection 72-286(5) of this article. Access to the off-street parking area shall comply with the requirements of the Land Development Code [article III].

c.

If the off-street parking area is contiguous to the premises on which the principal commercial use is located, motor vehicles shall only enter or exit the parking area through that premises.

d.

If the off-street parking area is across the street from the premises on which the principal commercial use is located, all entrance and exit drives shall be located directly across from that premises.

e.

The off-street parking area shall be designed to meet the dimensional requirements of the Land Development Code.

f.

A landscape plan meeting the requirements of section 72-284 shall be submitted.

g.

The parking area shall not be used until the parking area has been constructed in accordance with the plans approved pursuant to the special exception.

(15)

Excavations.

a.

A special exception is not required for the following activities:

1.

Installation of utilities, provided a valid underground utility permit or right-of-way utilization permit has been issued.

2.

Grading and filling in conjunction with commercial, industrial, or residential construction provided a development order or permit has been obtained.

3.

Foundations and building pads for any building or structure, provided that a valid building permit has been issued by the department.

4.

Minor landscaping projects provided they do not encroach in flood-prone areas as depicted on the flood insurance rate maps, promulgated by the Federal Emergency Management Agency, or change the natural drainage pattern of the ground surface at the property line.

5.

Swimming pool construction provided a building permit has been issued for construction of the pool.

6.

For excavations relating to the accessory use of land and designed to be filled upon completion of excavation, such as septic tanks, graves, etc.

7.

Borrow pits designated or controlled by any federal or state agency or local government; or any federal or state agency or local government created by law to provide for mosquito control or drainage, or any drainage district created pursuant to Laws of Fla. ch. 298.

8.

Where not otherwise governed by zoning requirements, any leveling of land within the confines of a single tract of land where the plans for such leveling are authorized by the Land Development Code [article III]. If such plans are disapproved by the Land Development Code, the applicant may, upon application, appeal such decision directly to the county council.

9.

Excavations of leveling for private drives to provide ingress or egress authorized by the Land Development Code.

10.

Notwithstanding the provisions of subsection g to the contrary, excavated material from a tailwater recovery system or farm pond may be transferred from one parcel of land to a noncontiguous parcel when such system is designed to meet the standards and specifications of the United States Department of Agriculture Soil Conservation Service, or designed by a professional engineer licensed to practice in the State of Florida. Said tailwater recovery system is defined as a facility to collect, store and transport irrigation tailwater in a farm irrigation distribution system. In order to qualify for said exemption, the design for said system shall be approved by the Saint John's River Water Management District or U.S.D.A. Soil Conservation Service and submitted for authorization by the enforcement official. Each tailwater recovery system must be completed within six months of receiving approval.

11.

Any excavation project funded by the Volusia County Department of Public Works and the Florida Department of Transportation which was in operation under a valid contract specifying effective dates thereof and the amount of material to be supplied thereunder, executed with one of those entities and which, pursuant to the predecessor language of this subsection, was being conducted as an exempt excavation on the effective date of this new subsection (15)a.11., shall remain exempt until that date which is: (i) the earlier of the expiration of said contract; or (ii) two years from the effective date of this new subsection.

12.

Farm ponds . Accessory ponds may be established in conjunction with an agricultural use with an existing agricultural exemption granted by the property appraiser if said pond is three-fourths of an acre or less in size. The landowner shall forward to the growth and resource management department for approval, a copy of the proposed plans prior to construction of any farm pond. The boundaries of excavation are to be wholly within a single landowner's property, which is used for agricultural purposes. Off-site drainage is not to be affected. Farm ponds are to be constructed to the standards and specifications promulgated by the U.S. Department of Agriculture, Soil Conservation Service, and shall be approved by that agency. Each pond must be completed within six months of receiving soil conservation service approval. Farm ponds shall be limited to a parcel of land ten acres or greater in size and located in an agricultural classification, except RA.

b.

The following requirements and conditions must be met for any nonexempt excavation. A nonexempt excavation requires a special exception to this article and issuance of a permit in accordance with the final site plan procedures of division 3 of the Land Development Code [article III].

1.

Each application for a special exception shall be accompanied by plans, drawings, and information prepared by a Florida registered engineer depicting, at a minimum:

i.

Existing and proposed topography at one-foot contour interval. Such topography shall extend a minimum of 150 feet beyond the top of the bank of excavation.

ii.

Proposed side slopes and depths which meet these minimums: All sides of the excavated area shall, at a minimum, comply with the following:

A.

One foot vertical for each four feet horizontal to a depth of two feet below the seasonal low water table elevation as determined by a geotechnical engineer, unless waived by the county council.

B.

For depths greater than two feet below the seasonal low water table elevation, the slope may be one foot vertical for each one foot horizontal.

Unless waived by the county council, and notwithstanding section 72-282 of this article, any excavation in excess of the aforementioned slope shall be fully enclosed by a six-foot-high chain link fence approved by the CDE, which shall include a gate that shall be closed and locked at all times during which the excavation pit is not in use. Unless determined otherwise by the CDE, said fencing shall be completely installed prior to initiation of the excavating activity and shall remain in place until the excavation is satisfactorily reclaimed.

iii.

Wet and dry season water elevations and the existing surface drainage pattern.

iv.

Notwithstanding any other minimum yard sizes required by this article, the top of the bank of an excavation shall be set back the following minimum distance:

A.

One hundred fifty feet from the right-of-way of any public street, road or highway.

B.

One hundred fifty feet from abutting residential or mobile home classified property.

C.

One hundred fifty feet from any other abutting property.

D.

One hundred fifty feet from any natural or manmade surface water body, watercourse or wetland.

v.

Perimeter landscape buffers shall be established prior to initiation of the excavating activity and shall meet the requirements of subsection 72-284(2)a., "Landscape Buffer Table".

vi.

The area and amount of material to be excavated in cubic yards. A discussion of the proposed method of excavation shall be provided.

vii.

The proposed method of dewatering.

viii.

The time, duration, phasing and proposed work schedule of the total project.

ix.

A detailed reclamation plan, drawn to an acceptable scale, and program to be performed upon completion of the project. As a minimum, the plan of reclamation shall include:

A.

Time, duration, phasing and proposed work schedule of the reclamation.

B.

Depiction of finished, stabilized, side slopes, including methods and plant materials proposed for use. For a wet excavation, a littoral zone is required to be established around the resultant water body. The specifications of said zone shall be determined in conjunction with the county's environmental management department. The establishment, to the fullest extent practical, of sinuous shorelines is required.

C.

Landscape plan for the portion of the property disturbed by excavation and associated activities, including an inventory of plant/tree species to be used.
The reclamation plan must be approved by the development review committee.

D.

The resultant artificial water body shall comply with the standards established by the St. Johns River Water Management District and other appropriate agencies. Said water bodies may be required to be stocked with fish. Ambient water quality testing may also be required.

x.

A hydrogeologic report, prepared by a qualified engineer of hydrologist, of the proposed excavation site. Such a report shall, at a minimum, provide:

A.

A detailed description of subsurface conditions.

B.

A groundwater contour map.

C.

A map depicting the thickness and depths of material to be excavated.

D.

A discussion of the environmental impacts of the proposed excavation, including but not limited to the impact of the proposed excavation upon existing area wells.

E.

A recommendation of the necessity to install monitoring wells.

xi.

The proposed location of access points to the site and proposed haul routes for disposal of excavated material. Vehicular access to and from excavations shall be designated by the council at the time of approval of the special exception.

xii.

Proposed plans for fencing and signs.

xiii.

A statement from the applicant identifying all other federal, state and local permits required, if any.

2.

The bottom of any reclaimed excavation should be graded to allow all water to drain to a sump area not less than 15 feet by 15 feet (225 square feet). The bottom of the excavation shall be graded in a fashion which will not cause water to accumulate in stagnant pools. The bottom of excavations shall be uniformly graded to prevent anoxic sinks.

3.

Whenever the Volusia County Public Works Department determines that the use of any county right-of-way designated by the applicant for ingress and egress to and from the excavation site will be subject to excessive deterioration resulting in the breakdown of the subsurface and base of such right-of-way, the applicant may be required to agree to provide the county with funds in the amount necessary to mitigate the adverse impact upon the right-of-way which is caused by the excavation operation and to ensure that said roadway is maintained in a satisfactory condition. In furtherance of this agreement, the excavator may be required by the county council to post an acceptable performance bond, irrevocable letter of credit, or funds in escrow in the amount up to 100 percent of the estimated reconditioning costs, as estimated by the Public Works Department.

4.

All excavations, as applicable, shall be reclaimed in accordance with the rules of the Florida Department of Environmental Protection, Division of Resource Management, found in the Florida Administrative Code. The requirements of this article shall not relieve a person from complying with the above said state rules, as applicable. Should the requirements of this article conflict with said state rules, the stricter reclamation and restoration requirements shall govern.

5.

All reclamation activities shall be initiated at the earliest possible date. Reclamation of the site concurrent with excavation activities is encouraged provided that the reclamation activities will not interfere with the excavating activity or if the excavating activity will damage the reclaimed areas.

6.

All temporary structures shall be removed from the premises upon completion of the excavation activity unless said structures are of sound construction [and] are compatible with the reclamation goals. Said structures shall be accurately depicted upon the approved reclamation plan.

7.

Whenever it is determined that reclamation of the excavation pit is required at the termination of the project in order to prevent soil erosion, adverse effects on county-maintained rights-of-way or natural drainage pattern, to protect the natural environment surrounding the excavation pit or to protect the character and value of surrounding property, the county council may require an acceptable performance bond, funds in escrow, or irrevocable letter of credit in the amount of 100 percent of the estimated cost of reclamation. Said cost shall be derived using the proposed plan of reclamation. Said bond or letter of credit shall be conditioned that the excavation and reclamation shall be in accordance with the approved plan.

8.

No person may engage in the business of being an excavator until such person has secured an occupational license in accordance with the county occupational license requirements.

9.

No excavator may excavate a parcel of land until he obtains an excavation permit issued by the growth management department in accordance with the terms of this article prior to any excavation being made on the property to be excavated.

10.

The excavation shall not be used for the disposal of material generated off-site without prior approval from the county environmental management department and the Florida Department of Environmental Protection and without obtaining all appropriate federal, state and local permits.

11.

The excavation shall comply with the tree protection requirements specified by division 10 of the Land Development Code [article III], and with the requirements of the county noise ordinance [Code section 50-491 et seq.].

12.

If upon the conclusion of public hearings the special exception is approved, final site plan approval, as specified by division 3 of the Land Development Code [article III], is required.

13.

Off-site discharge is prohibited.

c.

Any excavator shall be responsible for notifying Volusia County and the Florida Department of State, Bureau of Historical Resources when human remains and/or artifactual materials are discovered. The county reserves the right to monitor the excavation activity and to prohibit such activity if artifactual materials and/or human remains are encountered.

d.

All excavations shall use the most current best management practices (BMP) so as to control erosion and limit the amount of sediment reaching surface waters. The county reserves the right to monitor the excavation activity and prohibit said activity if it is determined that said activity is responsible for off-premises erosion.

(16)

Landfills, construction and demolition debris disposal facility, materials recovery facility, recovered materials facility or off-site disposal of land clearing debris facility.

a.

No special exception for the deposition of material is required by this article for the following activities provided that the activity does not violate any federal or state laws, rules, regulations or orders:

1.

Normal farming operations/agricultural use.

2.

Grading, filling and moving of earth in conjunction with commercial, industrial or subdivision construction provided a development order or permit has been obtained.

3.

Foundations and building pads for any building or structure, provided that a valid building permit has been issued by the growth management department.

4.

Minor landscaping projects provided they do not encroach in flood-prone areas as depicted on the flood insurance rate maps, promulgated by the Federal Emergency Management Agency, or change the natural drainage pattern of the ground surface at the property line.

5.

Exemptions contained in Rule 62-701.320(2), F.A.C.

b.

The following requirements and conditions shall be met for landfills or other facilities as provided herein, subject to Florida Department of Environmental Protection permit approval:

1.

Each application for a special exception shall be accompanied by plans, drawings, and information prepared by a Florida registered engineer depicting, at a minimum:

i.

Existing and proposed topography at one-foot contour intervals. Such topography shall extend a minimum of 150 feet beyond the toe of slope of the landfill or facility.

ii.

Wet and dry season water elevations and the existing surface drainage pattern.

iii.

Notwithstanding any other minimum yard size requirements of this article, the sides of a landfill or facility shall be set back the following minimum distances:

A.

One hundred twenty-five feet from the right-of-way of any public street, road or highway.

B.

One hundred twenty-five from abutting residential or mobile home classified property.

C.

One hundred twenty-five from any other abutting property.

D.

One hundred twenty-five from any natural surface water body, watercourse or wetlands.

iv.

Perimeter landscape buffers shall be established prior to initiation of the activity and shall meet the requirements of subsection 72-284(2)a., "Landscape Buffer Table".

v.

A description of the area and volume of material to be filled.

vi.

A description of the time, duration, planning and proposed work schedule of the project.

vii.

A detailed reclamation plan, and program to be performed upon completion of the project.
As a minimum, the plan of reclamation shall include:

A.

Time, duration, phasing and proposed work schedule.

B.

Depiction of finished, stabilized sides.

C.

Landscape plan for portion of property disturbed by landfill and associated activities, including an inventory of plant/tree species.

The reclamation plan must be approved by the development review committee.

viii.

The proposed location of access roads to the sites and proposed haul routes for material to be deposited. Vehicular access to and from the landfill or facility shall be designated by the county council at the time of approval of the special exception.

ix.

Proposed plans for fencing and signs. All proposed signs shall be consistent with section 72-298 et seq. of the this article. Notwithstanding the provision of section 72-282 of the this article, landfill or facility shall be fenced in a manner approved by the county engineer.

x.

A report prepared by a qualified engineer of the proposed landfill or facility site. Such a report shall at a minimum provide a detailed discussion of the environmental impacts of the proposed landfill or facility and a recommendation of the necessity to install monitoring wells.

xi.

Evidence that the applicant has contacted the Florida Department of Environmental Protection, by certified mail with a copy of the return receipt to the growth management services group, and all other appropriate state and substate agencies, for the requisite permit. Such a landfill or other facility, as a condition of approval of the special exception, shall obtain a permit from the Florida Department of Environmental Protection.

2.

Whenever the public works department determines that the use of any county right-of-way designated by the applicant for ingress and egress to and from the site will be subject to excessive deterioration resulting in the breakdown of the subsurface and base of such right-of-way, the applicant may be required to agree to provide the county with funds in the amount necessary to mitigate the adverse impact upon the right-of-way which is caused by the operation and to ensure that said roadway is maintained in a satisfactory condition. In furtherance of this agreement, the operator may be required by the county council to post an acceptable performance bond, irrevocable letter of credit, or funds in escrow, in the amount up to 100 percent of the estimated reconditioning costs, as estimated by the public works department.

3.

If upon completion of the public hearings the special exception is approved, final site plan approval, as specified by division 3 of the Land Development Code [article III] is required.

4.

The county council as a condition of the approved special exception may further limit the types of materials that may be deposited in a landfill or facility.

5.

Notwithstanding anything to the contrary within this article, no landfill or facility shall exceed 25 feet in height above existing grade.

(17)

Air curtain incinerators.

a.

Unless waived by the county council, landscape buffer areas meeting the requirements of section 72-284 shall be constructed.

b.

All incendiary operations (including the incinerator and pit), shall be located at least 200 feet from any property line.

c.

The county council may limit the time of day and days of the week during which the incinerator may be operated and may require such further conditions as would protect the public health, safety, morals and welfare.

d.

The establishment and operation of the air curtain incinerator shall be in compliance with all applicable requirements of the State of Florida and shall be permitted by the appropriate agencies of said jurisdiction. The requirements of this article shall not relieve a person from complying with the state rules, as applicable. Should the requirements of this article conflict with said state rules, the stricter requirements shall govern.

(18)

Solid waste transfer station.

a.

The facility shall not be constructed or operated without being permitted by the Florida Department of Environmental Regulation and other applicable agencies.

b.

Unless waived by the county council, off-street parking and unloading areas meeting the requirements of section 72-286 and landscape buffer areas meeting the requirements of section 72-284 shall be constructed.

c.

A fence or other effective barrier designed to prevent unauthorized entry and dumping into the transfer station shall be erected.

(19)

Bed and breakfast.

a.

Maximum number of guest rooms for bed and breakfast use in the home: Five.

b.

Owner must reside in the building.

c.

Separate cooking facilities are not permitted in the guest room.

d.

Each guest room shall have private toilet and shower facilities, except where the building is designated as historically significant by the county or is listed on the National Register of Historic Places, in which cases a minimum of one bathroom shall be provided exclusively for use by the guests.

e.

Minimum bedroom area shall be 150 square feet.

(20)

Hazardous waste transporter facility. May be permitted provided that the use complies with the standards and regulations adopted by the State of Florida.

(21)

Forestry resource subdivisions may be permitted at a density between one dwelling unit per 20 acres to one dwelling unit per ten acres, provided the following requirements are met:

a.

Subdivision is consistent with the comprehensive plan goals, objectives and policies, in particular, ones specifically relating to the forestry resource category.

b.

Lot size dependent upon character of area and environmental analysis.

c.

Subdivision approval in accordance with the Land Development Code [article III].

d.

No buildings in wetlands.

e.

Consideration of environmental system corridor linkage.

f.

Total number of lots cannot exceed permitted density of one dwelling unit per ten acres. For subdivision purposes, the forestry resource portion of a lot can be combined with environmental system corridor/resource corridor lands to equal the approved minimum lot size.

g.

The area provides a transition for existing development to agriculture and silviculture areas.

(22)

Cluster subdivisions. May be permitted that the use complies with the criteria specified in subsection 72-304(d) of this article.

(23)

Communication towers. In addition to the applicable provisions of division 11, the following provisions shall govern the issuance of permitted special exceptions relating to communication towers:

a.

[ Granting special exception; conditions. ] In granting a special exception, the planning and land development regulation commission or county council, as the case may be, may impose conditions, including such conditions as are necessary to minimize any adverse effect of the proposed communication tower on adjoining properties.

b.

[ Certification. ] Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical shall be certified by a professional engineer licensed in the State of Florida.

c.

Information required. To ensure that communication towers are located and buffered for compatibility with the surrounding land use, each applicant requesting a special exception pursuant to this article shall submit a scaled site plan (not more than one inch = 100 feet) and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography; site specific radio frequency coverage information; communication tower height requirements; color; setbacks; location of equipment structures/cabinets; separation distance from other communication towers and specified dwellings; drives; parking; fencing; landscaping; adjacent uses; location, type and intensity of lighting and any FAA reports.

In addition the applicant shall identify all public and/or private airports and helipads within four miles from the proposed communication tower. Said four statute miles shall be measured in a straight line from the proposed location of the tower to the nearest point of the airport runway or helipad. Further, the applicant shall send a notice of the time, day, place and purpose of the public hearing of the planning and land development regulation commission at least ten days prior to the date of such public hearing to the last known address of the owner, operator or licensee of said airport by reference to the latest ad valorem tax record. The owner, operator or licensee of said airport or helipad, or his duly authorized agent, shall acknowledge receipt of the notice on form provided by the zoning enforcement official.

The applicant shall supply such other information deemed appropriate by the zoning enforcement official to be necessary to assess compliance with this article.

d.

Factors considered in the granting of special exceptions. The planning and land development regulation commission or the county council as the case may be, shall consider the following factors in determining whether to issue a special exception, although the planning and land development regulation commission or the county council as the case may be, may waive or reduce the burden of one or more of these criteria as to the applicant if the planning and land development regulation commission or the county council as the case may be, concludes that the goals of this article are better served thereby.

1.

Height of the proposed communication tower;

2.

Proximity of the communication tower to residential structures;

3.

Nature of uses on adjacent and nearby properties;

4.

Surrounding topography;

5.

Surrounding tree coverage and foliage;

6.

Design of the communication tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

7.

Proposed ingress and egress;

8.

Safety aspects relating to the proposed communication tower; and

9.

Availability of suitable existing communication towers and other structures. No new communication tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the planning and land development regulation commission or the county council as the case may be, that no existing communication tower or structure can accommodate the applicant's proposed tower. Evidence submitted to the county to demonstrate that no existing communication tower or structure can accommodate the applicant's proposed antenna shall be for any of the reasons provided as follows:

i.

No existing communication towers or structures are located within the geographic area required to meet applicant's engineering requirements; or

ii.

Existing communication towers or structures are not of sufficient height to meet applicant's engineering requirements; or

iii.

Existing communication towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment; or

iv.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing communication towers or structures, or the antenna on the existing communication towers or structures would cause interference with the applicant's proposed antenna; or

v.

The applicant demonstrates that there are other limiting factors, including adverse economic reasons that render existing communication towers and structures unsuitable.

e.

Setbacks and separation. The following setbacks and separation requirements shall apply to all communication towers and antennas for which a special exception is required.

1.

Communication towers must set back a distance equal to one-half of the height of the communication tower from the property line.

2.

Communication tower anchors and guyed supports must meet the zoning classification minimum yard size requirements.

3.

Except for alternative support structures, communication towers whether lattice, guyed or monopole, shall be separated as follows:

TOWER TO TOWER SEPARATION REQUIREMENTS
TOWER TYPES

Proposed Tower Type	Lattice	Guyed	Monopole Exceeding 170 Feet in Height Above Ground Level	Monopole Exceeding 100 Feet in Height Above Ground Level, But Not Exceeding 170 Feet in Height Above Ground Level	Monopole Exceeding 70 Feet in Height Above Ground Level, But Not Exceeding 100 Feet in Height Above Ground Level (Feet)	Camouflaged
Lattice	5,000	3,000	1,500	1,200	750	0
Guyed	3,000	3,000	1,500	1,200	750	0
Monopole exceeding 170 feet above ground level	1,500	1,500	1,500	1,200	750	0
Monopole exceeding 100 feet in height above ground level, but not exceeding 170 feet in height above ground level	1,200	1,200	1,200	1,200	750	0
Monopole exceeding 70 feet in height above ground level, but not exceeding 100 feet in height above ground level	Ten times proposed tower height	Ten times proposed tower height	Ten times proposed tower height	Ten times proposed tower height	750	0
Camouflaged	0	0	0	0	0	0

 

4.

Communication tower separation shall be measured from the perimeter of the base or slab of the communication tower to the closest point of the off-site existing communication tower base or slab.

5.

In addition, said towers shall be separated from a single-family, two-family, multifamily, or mobile home dwelling by a distance of at least 1,000 feet. However, this separation requirement may be waived by the planning and land development regulation commission or county council, as the case may be, but in no case shall said separation distance be less than 500 feet.

f.

Design and lighting standards.

1.

Communication towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness.

2.

At a communication tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment.

3.

If an antenna is installed on a structure other than a communication tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

4.

Communication towers shall not be artificially lighted, unless required or recommended by the zoning enforcement official, FAA, FDOT or the planning and land development regulation commission. If this lighting is so required or recommended, the zoning enforcement official, or the planning and land development regulation commission, as applicable, may review the available lighting alternatives permitted by the FAA or FDOT and approve the alternative that balances the need for safety and causes the least disturbance to the surrounding views.

g.

Security fencing. Communication towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the zoning enforcement official may waive such requirements, as it deems appropriate. Access to the communication tower shall be through a locked gate.

h.

Landscaping.

1.

The visual impacts of a communication tower upon nearby viewers shall be mitigated through landscaping or other screening materials at the base of the communication tower and accessory structures. Landscaping shall be installed on the outside of a fence and shall include a landscape buffer of 15 feet. Further, existing vegetation shall be preserved and may be used as a substitute for or in supplement towards meeting landscaping requirements.

2.

A row of trees a minimum of six feet tall and 1½ inches in caliper (diameter at breast height) and a maximum spacing of 20 feet apart shall be planted around the perimeter of the fence.

3.

A continuous hedge at least 24 inches high at planting capable of growing to at least 36 inches in height within 18 months shall be planted in front of the tree line referenced above. Hedge material shall be no less than three feet on center.

4.

All landscaping shall be drought-resistant or irrigated and properly maintained to ensure good health and viability.

5.

The planning and land development regulation commission may at their discretion, based on good cause shown, waive these landscaping requirements.

i.

Camouflaged towers. The applicant may use a camouflage agent in order to achieve compatibility with the surrounding area in an aesthetic manner. Camouflaging shall be determined on a case by case basis. Any proposed camouflaging shall be submitted in conjunction with the special exception application. It shall include the following documentation:

1.

Colorized pictorial representation, artist's rendering, or the like;

2.

Design specifications as follows: total height, diameter and colorations;

3.

A corresponding statement accompanying the graphic representation explaining the following:

i.

What is the nature and character of the area within which the camouflaged tower is proposed, with respect to: Land use, surrounding environment, a general statement of building heights and designs in the area, and building/environment density;

ii.

How the proposed camouflaged agent will blend in and harmonize with the nature and character of the area.

(24)

Rock crusher.

a.

Unless waived by the county council, landscape buffer areas meeting the requirements of section 72-284 shall be constructed.

b.

All rock crusher operations shall be located at least 300 feet from any property line.

c.

The county council may limit the time of day and days of the week during which the rock crusher may be operated and may require such further conditions as would protect the public health, safety, morals and welfare.

d.

The establishment and operation of the rock crusher shall be in compliance with all applicable requirements of the State of Florida and shall be permitted by the appropriate agencies of said jurisdiction. The requirements of this article shall not relieve a person from complying with the state rules, as applicable. Should the requirements of this article conflict with said state rules, the stricter requirements shall govern.

(25)

Animal shelters; kennels; dogs and cats boarded as personal pets exceeding the number permitted in subsection 72-306(a). For purposes of this subsection, the term "animals" shall mean "dog" or "cat".

a.

Conditions of approval. No variance or waiver of the terms of this subsection shall be allowed and shall serve as conditions of approval.

b.

Application. An application shall include a conceptual site plan which depicts all structures intended to comply with the requirements of this subsection for the proposed maximum number of dogs and/or cats on the premises.

c.

Setbacks. On a lot of five acres in size or less, any associated attached or detached containment structure shall have a minimum front, rear and side yard setback of 50 feet or the applicable setback provided by the applicable zoning classification, whichever is greater. On a lot of greater than five acres in size, any associated attached or detached containment structure shall have a minimum front, rear and side yard setback of 100 feet or the applicable setback provided by the applicable zoning classification, whichever is greater.

d.

Food. Food shall be transported, handled and stored in a manner that ensures against the introduction of parasites, disease vectors (such as insects) or chemical contaminants. Supplies of dry food shall be stored in areas that are cool, dry, clean and free of vermin and other potential contaminants. Refrigeration shall be provided for supplies of perishable food. Conditions affecting the shelf life of food such as date of manufacture, exposure to extremes in temperature and humidity, exposure to moisture, unsanitary conditions, exposure to light, exposure to oxygen, and exposure to insects shall be monitored to prevent deterioration of the nutrient value of food. Food receptacles shall be accessible to all animals and shall be located to prevent contamination by excreta. Feeding dishes shall be kept clean. Self-feeders may be used for the feeding of dry food and shall be sanitized regularly to prevent molding, deterioration or caking of food. Food must be fresh, wholesome, palatable, nutritionally adequate and offered to each animal at least once daily. Water must be fresh and available at all times.

e.

Structures.

1.

Structural integrity. Any associated structure, whether it be a private residence, portion of a private residence or a separate structure not physically connected to a private residence, shall be structurally sound and maintained in good repair to protect the animals from injury, to protect the animals against overexposure to the elements, to contain the animals and to restrict the entrance of other animals.

2.

Shelter. Access to shelter shall be provided for the animals to allow them to remain dry at all times. When sunlight is likely to cause overheating or discomfort, sufficient shade shall be provided to allow the animals to protect themselves from direct rays of the sun.

3.

Indoor structures. The following provisions shall apply to any structure which is fully enclosed:

i.

Temperature. A source of heat and mechanical ventilation shall be available at the structure for use as necessary in preventing extremes in temperatures. Buildings must be maintained with suitable temperatures, ventilation and lighting. The ambient temperature shall be maintained in a range that ensures that the animals will not suffer from heat stress (heat stroke or hypothermia), nor from cold stress (frostbite or hypothermia).

ii.

Sanitation. The interior building surfaces of any indoor housing structure shall be constructed and maintained so that they are impervious to moisture and can be readily sanitized.

iii.

A primary enclosure shall provide sufficient space to allow each enclosed cat to turn freely and to easily stand, sit and lie in a comfortable position. The minimum primary enclosure space for a single four pound or greater cat is to be 30 cubic feet. When a primary enclosure is used for more than one cat, resting perches shall be provided. Cages, kennels and runs must have enough space for dogs to lie down, stand, sit and stretch without touching the sides or top. Dogs shall be exercised a minimum of 30 minutes twice daily.

iv.

Concrete floors and runs must have a resting board, and cages must have sanitary bedding. Easily accessible litter pans shall be provided for all cats at all times.

v.

The structure shall have ample light of good quality by natural or artificial means or both. The lighting shall provide uniformly distributed illumination of sufficient intensity to permit routine inspection, cleaning and provide for the well-being of the animals. The animals shall be protected from excessive illumination.

vi.

All cages shall be constructed of impervious porous materials. All cages shall have floors of either solid construction or metal grid construction. Cages having metal grid floors can be used provided the grid size is smaller than the pads of the feet of the dogs confined therein. No cages shall be enclosed entirely by solid walls. Stack cages must have solid floors. All primary enclosures shall be constructed and maintained so that cats therein have convenient access to clean food, water and litter. The number of cats in a primary enclosure shall not exceed the number which would prevent proper ventilation and sanitation. A primary enclosure shall not be constructed or maintained with an exposed wire mesh bottom, or any other material that will injure the feet or legs of a cat. If the primary enclosure is not of sufficient size to allow the cat(s) to express their specialized locomotor patterns, then an area shall be made available for the cat(s) to exercise and scratch at least once a day.

vii.

If drains are used, they shall be properly constructed and kept in good repair to avoid foul odors.

viii.

In all primary enclosures with a solid floor, a receptacle containing sufficient clean litter shall be provided to contain excreta. Each primary enclosure shall be provided with a solid resting board and shall be of adequate size to comfortably hold all occupants of the enclosure at the same time. Such resting surface or surfaces shall be elevated in primary enclosures housing two or more cats.

4.

Outdoor structures. The following provisions shall apply to any structure which is not fully enclosed:

i.

Shelter. Sufficient shade shall be provided to afford all animals protection from direct sunlight. Sufficient cover shall be provided to protect all animals from rain. Shelter shall be provided for all animals when the ambient temperature falls below 50 degrees Fahrenheit. Sufficient clean bedding material or other means of protection from the weather elements shall be provided when the ambient temperature falls below that temperature to which the dogs are acclimated. The facility shall be adequately ventilated to provide for the health and comfort of the animals at all times. The facility shall be provided with a source of fresh air by means of windows, doors or vents and shall be ventilated in a manner that minimizes drafts, odors and moisture conditions.

ii.

Cleaning of enclosures. Excreta shall be removed from enclosures as often as necessary to prevent contamination of the animals contained therein and to reduce disease hazards and odors. When a hosing or flushing method is used for cleaning an enclosure commonly known as a cage, any animal contained therein shall be removed from such enclosure during the cleaning process, and adequate measures shall be taken to protect the animals in other such enclosures from being contaminated with water and other waste. A suitable method shall be provided to rapidly eliminate any excess water.

iii.

Sanitation of enclosures required. Prior to the introduction of animals into empty enclosures previously occupied, such enclosures shall be sanitized. Enclosures for animals shall be sanitized often enough to prevent an accumulation of debris or excreta or a disease hazard; provided, however, such enclosure shall be sanitized at least once a week.

iv.

Method of sanitation . Cages, rooms and hard-surfaced pens or runs shall be sanitized by washing them with hot water and soap or detergent, or by washing all soiled surfaces with a detergent solution followed by a safe and effective disinfectant, or by cleaning all soiled surfaces with live steam. Pens or runs using gravel, sand or dirt shall be sanitized by removing the soiled gravel, sand or dirt and replacing it as necessary. Feces and soiled litter material shall be removed from all litter pans at least once a day. Absorbent litter and/or any other material used to absorb urine shall be changed when it becomes 30 percent saturated with urine.

v.

Maintenance of buildings and grounds. Premises (buildings and grounds) shall be kept clean and in good repair. Premises shall remain free of accumulations of trash.

vi.

Pest control. An effective program for the control of insects, ectoparasites and avian and mammalian pests shall be established and maintained.

f.

Containment. Outdoor areas for dogs must be double-fenced in order to ensure all dogs are contained and do not escape. If cats are allowed outdoors they must be kept in an enclosure that has four sides and an attached solid or wire mesh top or roof to prevent the cats from escaping the enclosure.

(26)

Rural event center.

a.

The minimum lot area shall be ten acres.

b.

The site must be served by a public road. If located on an unpaved road, a maintenance agreement shall be required.

c.

A 20 foot wide landscaped buffer shall be provided between the facility, or any area used for an event, including but not limited to parking areas, and adjacent properties. Landscaping shall be in accordance with section 72-284(2), Table 1 Landscape Buffer Requirements, item 31d.

d.

All permanent and temporary structures such as tents, stages, and dance floors shall be located a minimum of 50 feet from the property line.

e.

All permanent structures that will be used by the public for events shall be constructed and maintained in accordance with the Florida Building Code and Florida Fire Prevention Code.

f.

No events shall be held between the hours of 11:00 p.m. and 8:00 a.m.

g.

No outdoor loudspeaker or call system shall be audible on adjoining property.

h.

All artificial lights shall be directed away from adjoining properties.

i.

The property must have adequate space available for on-site parking. Parking off-site is prohibited. Parking shall be prohibited within the twenty (20') foot wide buffer between the facility and adjacent properties. The number of parking spaces provided shall be in accordance with section 72-286 of the zoning code, including accessible parking spaces.

j.

Overnight stay is prohibited unless approved as a special exception under the requirements for a bed and breakfast per section 72-293(19) of the zoning code.

k.

As part of the application for a rural event center, the owner/operator shall submit a site plan in accordance with section 72-415(1)(d), and include the following information:

1.

A copy of the site plan indicating the location, size, and maximum capacity of all existing or proposed permanent and temporary structures; parking area(s); and ingress/egress point(s).

2.

A traffic control plan that identifies sufficient ingress and egress for emergency vehicles and provides for the orderly and safe arrival, parking, and departure of all vehicles using means such as parking attendants, shuttle service, law enforcement service, directional signage, etc. Additional traffic control measures may be required.

3.

Plans for sanitation and public health protection including bathroom facilities, inspection of food facilities, drainage, garbage and litter control, and recycling as required by the Florida Department of Health.

(Ord. No. 82-20, § XVII, 12-9-82; Ord. No. 84-1, § LXI, 3-8-84; Ord. No. 85-2, § III, 3-14-85; Ord. No. 86-16, §§ XXVIII, XXIX, 10-23-86; Ord. No. 87-14, §§ XVIII—XXI, 6-18-87; Ord. No. 88-2, §§ XVII—XIX, LXXXV, 1-19-88; Ord. No. 89-20, §§ XXXVIII—XLI, 6-20-89; Ord. No. 90-34, § 78, 9-27-90; Ord. No. 91-11, §§ XIX—XXII, 5-16-91; Ord. No. 92-6, §§ LXIV, LXV, 6-4-92; Ord. No. 94-4, §§ LXXXIII—LXXXIX, 5-5-94; Ord. No. 95-17, § IV, 6-15-95; Ord. No. 98-25, §§ XLI—XLVI, 12-17-98; Ord. No. 97-19, § IV, 8-7-97; Ord. No. 00-21, § IV, 5-18-00; Ord. No. 02-10, § III, 4-18-02; Ord. No. 2004-20, § V, 12-16-04; Ord. No. 2005-02, § V, 4-21-05; Ord. No. 2005-11, § I, 8-18-05; Ord. No. 2008-25, § II, 12-4-08; Ord. No. 2009-17, § IV, 5-21-09; Ord. No. 2012-10, § II, 6-7-12; Ord. No. 2018-05, § VII, 1-18-18; Ord. No. 2018-15, § IV, 8-21-18)