§ 50-798. Application procedures.

(a)

Written petition. An application for a special exception shall be obtained from and filed with the zoning official and shall be accompanied by the applicable fee to be established by resolution of the board of county commissioners. The zoning official shall review an application for sufficiency, which includes completeness of the application. If additional data or information is required, the zoning official shall advise the applicant and shall allow a reasonable time for the applicant to provide the additional data or information. Upon a finding by the zoning official that an application is complete, the application shall be scheduled for public hearings before the planning commission at the next planning commission meeting at which such application may reasonably be heard and before the board of county commissioners at a board of county commissioner's meeting in the month following the month of the planning commission meeting. Should an error in an application be discovered prior to a scheduled hearing, the zoning official shall have the discretion to require the applicant to reapply or submit revised or additional information. Special exception applications shall include but not be limited to the following, as applicable:

(1)

Site plans of an appropriate scale showing proposed placement of structures on the property, provisions for ingress and egress, off-street parking and off-street loading areas, refuse and service areas and required yards and other spaces.

(2)

Plans showing proposed locations for utilities hookups.

(3)

Plans for screening and buffers, with references to type, dimensions and character.

(4)

Proposed landscaping.

(5)

Proposed signs and lighting, including type, dimensions and character.

(6)

A legal description of the entire property encompassing the special exception.

(7)

A narrative description of the total project in sufficient detail to provide an understanding of the nature of the development proposal and a statement describing how the special exception meets all the requirements, criteria, and standards for approval set forth in this division 5.

(8)

A list of names and addresses of property owners within 300 feet of the subject property (excluding rights-of-way) with corresponding address labels. This information shall be based on the latest available property records of the property appraiser's office. The applicant shall also provide a map clearly showing the subject property and all of the other properties within 300 feet.

(9)

Any other information required by the zoning official or by other provisions of this Code which the zoning official determines is necessary in order to process the application.

(b)

Public hearings. The zoning official shall review a special exception application, investigate the conditions pertaining to the application, and submit a report to the planning commission prior to its public hearing on the special exception application. The zoning official shall also submit a report to the board of county commissioners prior to its public hearing on the special exception application. The zoning official and the parties in interest shall appear at the hearings in person, by agent, or by attorney. Following a public hearing before the planning commission, the planning commission may make recommendations regarding a special exception application to the board of county commissioners regarding granting, denial, or granting with conditions of the special exception application. Following a public hearing before the board of county commissioners, the board may grant or deny a special exception application, or may grant approval subject to compliance with certain conditions, restrictions or requirements as the board may deem necessary to protect the interest of the public health, safety, morals and welfare, and to assure compliance with the land development code and the Levy County Comprehensive Plan. In the event an applicant elects not to proceed to a board of county commissioners hearing on its special exception application in the month following the planning commission hearing, the applicant shall have a maximum of six months from the date of the planning commission hearing to contact the zoning official to request a public hearing to be scheduled before the board of county commissioners, at which time the zoning official shall schedule the public hearing before the board of county commissioners at the next possible regular meeting date, or a special meeting date, for which notice requirements can be met, and in no event longer than 30 days after notification from the applicant of the desire to schedule the hearing. In the event the applicant does not contact the zoning official within six months after the planning commission meeting, the application shall be deemed to be withdrawn and the applicant shall be required to submit a new special exception application, with the special exception application fee in order to proceed with the application. The review of any special exception application submitted due to the lapse of six months from the planning commission hearing on the first application without the applicant requesting a board of county commissioners' hearing shall be conducted pursuant to the codes, ordinances, rules and regulations in effect as of the date of submission of the second application.

(c)

Notices of public hearings. Once the zoning official has set the date, time and place for any public hearing on a special exception application before the planning commission or the board of county commissioners, public notice for such hearing shall be published in a newspaper of general circulation in the county prior to the date of the hearing. In addition, the owners of property situated within 300 feet of the subject property shall be mailed written notice of the hearing prior to the date of the hearing by regular first class mail, addressed to the applicable property owner at the address shown on the last available records of the property appraiser. Any such notice by mail shall be considered effective when placed in the United States mail, postage prepaid; failure of an addressee to receive such notice shall not invalidate any proceedings. Both the published notice and the mailed notices shall contain a description of the request, a brief description of the subject property, and the time, date and place of the hearing, and shall invite all interested persons to appear and be heard. In addition, a sign shall be posted conspicuously on the subject property, and shall contain the time, date and place of the public hearing. Failure to comply strictly with these notice requirements shall not invalidate the proceedings.

(Ord. No. 05-01, § 7, 5-17-2005)

Editor's note

Ord. No. 05-01, § 7, adopted May 17, 2005, repealed the former § 50-798, and enacted a new section as set out herein. The former section 50-798 pertained to modification of recommendations and derived from 1991 LDR ch. 79, § 6.01(E).