§ 10.08.00. CONDITIONAL USE PROCEDURES

A.

General. A conditional use is a use that would not be appropriate generally or without restriction throughout a particular zoning district or classification, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare. Such uses may be permissible in a zoning district as a conditional use if specific provision for such conditional use is made in the LDC. All petitions for conditional uses shall be considered first by the Planning Commission in the manner herein set out. Decisions regarding conditional uses shall be quasijudicial in nature.

B.

Applicability. Conditional use approval is required before the construction or establishment of a conditional use .

C.

Application. The Administrative Code shall establish the submittal requirements for a conditional use application.

1.

Conditional use application processing time. An application for a conditional use will be considered "open," when the determination of "sufficiency" has been made and the application is assigned a petition processing number. An application for a conditional use will be considered "closed" when the applicant withdraws the subject application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the conditional use , for a period of 6 months. An application deemed "closed" will not receive further processing and shall be withdrawn and an application "closed" through inactivity shall be deemed withdrawn. The Planning and Zoning Department will notify the applicant of closure by certified mail, return receipt requested; however, failure to notify by the County shall not eliminate the "closed" status of a petition. An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency." Further review of the request will be subject to the then current LDC.

D.

Findings. The Planning Commission shall make a recommendation of approval, approval with conditions, or denial of the conditional use to the Board of Zoning Appeals. The Planning Commission's recommendation of approval or approval with conditions shall find that the granting of the conditional use will not adversely affect the public and any specific requirements pertaining to the conditional use have been met by the petitioner. Further, that satisfactory provision and arrangement has been made for the following matters, where applicable:

1.

Consistency with the LDC and Growth Management Plan.

2.

Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.

3.

The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects.

4.

Compatibility with adjacent properties and other property in the district.

E.

Planning Commission actions.

1.

Conditions and safeguards. In recommending approval of a conditional use , the Planning Commission may also recommend appropriate conditions and safeguards in conformity with the LDC. Violation of such conditions and safeguards, which are made a part of the terms under which the conditional use is granted, shall be deemed a violation of the LDC.

2.

Denial by the Planning Commission. If the Planning Commission shall recommend denial of a conditional use , it shall state fully in its record its reason for doing so. Such reasons shall take into account the factors stated in section 10.08.00 D. above or those factors that may be applicable to the action of denial and the particular regulations relating to the specific conditional use requested, if any.

3.

Status of Planning Commission report and recommendations. The report and recommendations of the Planning Commission required above shall be advisory only and shall not be binding upon the Board of Zoning Appeals.

F.

Consideration by the Board of Zoning Appeals. Upon receipt of the Planning Commission's report and recommendations, the Board of Zoning Appeals shall make a finding that the granting of the conditional use will not adversely affect the public and any specific requirements pertaining to the conditional use have been met by the petitioner. Further, that satisfactory provision and arrangement has been made for the matters identified in LDC section 10.08.00 D were applicable.

1.

The Board of Zoning Appeals shall approve, by resolution, or deny a petition for a conditional use . The approval of a conditional use petition shall require 4 affirmative votes of the Board of Zoning Appeals.

2.

If the Board of Zoning Appeals denies the conditional use , it shall state fully in its record its reason for doing so. Such reasons shall take into account the factors stated in section 10.08.00 D. above or those factors that may be applicable to the action of denial and the particular regulations relating to the specific conditional use requested, if any.

G.

Expiration and re-review.

1.

A conditional use shall expire 5 years from the date of approval, if by that date the use for which the conditional use was granted has not commenced.

2.

A conditional use shall expire 1 year following the discontinuance of the use for which the conditional use was granted unless the site was improved and/or structures built for the specific uses approved by a conditional use and which cannot be converted to a use permitted by the underlying zoning designation of the site.

3.

The Board of Zoning Appeals may grant one 2-year extension of an approved conditional use upon written request of the petitioner.

4.

If a conditional use permit is approved with stipulations or conditions, a re-review of the permit, stipulations, or conditions shall take place in accordance with the resolution approving the conditional use permit or by request of the applicant .

H.

Public facility dedication.

1.

The Board of County Commissioners may, as a condition of approval of the conditional use , require that suitable areas for streets , public rights-of-way , schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use. Where impact fees are levied for certain public facilities, the market value of the land set aside for the public purpose shall be credited towards impact fees. Said credit shall be based on a negotiated amount no greater than the market value of the set aside land prior to the approval of the conditional use , as determined by an accredited appraiser from a list approved by Collier County. Said appraisal shall be submitted to the County Attorney's Office and the real property office within 90 days of the date of approval of the conditional use , or as otherwise extended in writing by Collier County, so as to establish the amount of any impact fee credits resulting from said dedication. Failure to provide said appraisal within this time frame shall authorize the County to determine the market value of the property. Impact fee credits shall only be effective after recordation of the document conveying the dedicated property to Collier County. Where the term Collier County is used in this section, it shall be construed to include the Collier County Water and Sewer District or other agency or dependent district of Collier County Government.

2.

Land set aside and/or to be improved as committed as part of the conditional use approval shall be deeded or dedicated to Collier County within 90 days of receipt of notification by the county that the property is needed for certain pending public improvements or as otherwise approved by the Board of County Commissioners during the conditional use process. In any case, however, the County shall take title to set aside property, at the latest, by a date certain established during, and conditioned on, the approval of the conditional use .

3.

The land set aside and/or to be improved shall be made free and clear of all liens, encumbrances and improvements, at the developer's sole expense, except as otherwise approved by the Board. Failure to complete the dedication within the appropriate time frame noted above may result in a recommendation to the Board of reconsideration of approved conditional use and may result in a violation of the LDC pursuant to section 8.08.00.

4.

Should said dedication of land also include agreed upon improvements, said improvements shall be completed and accepted by the Collier County Board of Commissioners at the development phase which has infrastructure improvements available to the parcel of land upon which said improvements are to be made, or at a specified time provided for within the resolution approving the conditional use .

I.

Conditional uses for school or religious purposes. A use which has been approved as part of a preliminary subdivision plat or a planned unit development for schools, religious or eleemosynary uses shall be exempt from the provisions of this section. Such uses must comply with the provisions of section 10.02.03, site development plan approval, as applicable, and all other zoning requirements.

J.

Changes and amendments. The County Manager or designee may approve minor changes in the location, siting, or height of buildings , structures , and improvements authorized by the conditional use . Additional uses or expansion of permitted uses not shown on the conceptual site development plan or otherwise specifically provided for in the conditional use application shall require the submission, review, and approval of a new conditional use application.

(Ord. No. 05-27, § 3.CCC; Ord. No. 06-07, § 3.Y; Ord. No. 12-38, § 3.LL; Ord. No. 13-56, § 3.VV)