§ 118-193. Applications for conditional uses.

Quasi-judicial, public hearing applications for approval of a conditional use shall be submitted to the planning department, which shall prepare a report and recommendation for consideration by the planning board, and when required, by the city commission and shall comply with the notice requirements in accordance with section 118-8. Any applicant requesting a public hearing on any application pursuant to this section shall pay, upon submission, the applicable fees in section 118-7. No application shall be considered complete until all requested information has been submitted and all applicable fees paid.

(1)

Site plan required. Each application for a conditional use permit shall be accompanied by a site plan meeting the requirements of section 118-1, and such other information as may be required for a determination of the nature of the proposed use and its effect on the comprehensive plan, the neighborhood and surrounding properties.

(2)

Expiration of Orders of Planning Board.

a.

An applicant shall have up to 18 months, or such lesser time as may be specified by the board, from the date of the board meeting at which a conditional use was granted to obtain a full building permit, a certificate of occupancy, a certificate of use or a certificate of completion, whichever occurs first. The foregoing 18-month time period, or lesser time period, includes the time of the decision of the planning board may be filed. If the applicant fails to obtain a full building permit within 18 months, or such lesser time period as is specified, of the board meeting date at which a conditional use was granted and/or construction does not commence and proceed in accordance with said permit and the requirements of the applicable Florida Building Code, the conditional use shall be deemed null and void. Extensions for good cause, not to exceed a total of one year for all extensions, may be granted by the planning board, provided the applicant submits a request in writing to the planning and zoning director no later than 90 calendar days after the expiration of the original approval, showing good cause for such an extension. At the discretion of the planning director, an applicant may have up to 30 days (not to extend beyond 30 months from the date of original approval) to complete the building permit review process and obtain a full building permit, provided that within the time provided by the board to obtain a full building permit a valid full building permit application and plans have been filed with the building department, a building permit process number has been issued and the planning department has reviewed the plans and provided initial comments.

Please refer to 118-9 relating to appealed orders, and tolling.

b.

[Reserved.]

c.

An approved and operational conditional use which remains idle or unused in whole or in part for a continuous period of six months or for 18 months during any three-year period whether or not the equipment, fixtures, or structures remain, shall be required to seek re-approval of the conditional use from the board. Resumption of such use shall not be permitted unless and until the board approval has been granted.

d.

An applicant may defer an application before the public hearing only one time. The request to defer shall be in writing. When an application is deferred, it shall be re-noticed at the applicant's expense as provided in subsection 118-196(5). The applicant shall also pay a deferral fee as set forth in this article. In the event that the application is not presented to the board for approval at the meeting date for which the application was deferred, the application shall be deemed null and void. If the application is deferred by the board, the notice requirements shall be the same as for a new application as provided in subsection 118-196(5) and shall be at the city's expense.

e.

The board may continue an application to a date certain at either the request of the applicant or at its own discretion.

f.

In the event the application is continued due to the excessive length of an agenda or in order for the applicant to address specific concerns expressed by the board and/or staff, the applicant shall present for approval to the board a revised application inclusive of all required exhibits that attempts to address the concerns of the board and/or staff, for the date certain set by the board, which shall be no more than 120 days after the date on which the board continues the matter.

g.

In the event that the applicant fails to present for approval to the board a revised application as described above within 120 days of the date the application was continued, the application shall be deemed null and void.

h.

Deferrals or continuances for a specific application shall not exceed one year cumulatively for all such continuances or deferrals made by the board, or the application shall be deemed null and void.

i.

An application may be withdrawn by the applicant if such request is in writing and filed with the planning department prior to the public hearing, or requested during the public hearing, provided, however, that no application may be withdrawn after final action has been taken. Upon a withdrawal or final denial of an application by the planning board, the same application cannot be filed within six months of the date of the withdrawal or denial unless, however, the decision of the board taking any such action is made without prejudice to refile.

j.

In the event there is a lack of a quorum, all pending or remaining matters shall be automatically continued to the next available meeting of the board.

(Ord. No. 89-2665, § 17-4(C), eff. 10-1-89; Ord. No. 90-2722, eff. 11-21-90; Ord. No. 94-2959, eff. 12-17-94; Ord. No. 2000-3270, § 1, 9-27-00; Ord. No. 2003-3416, § 1, 6-11-03; Ord. No. 2008-3599, § 1, 3-12-08; Ord. No. 2010-3711, § 2, 12-8-10; Ord. No. 2014-3889, § 2, 7-23-14; Ord. No. 2015-3976, § 3, eff. 12-19-15; Ord. No. 2015-3977, § 7, eff. 12-19-15; Ord. No. 2015-3978, § 4, 12-9-15, eff. 4-1-16)