§ 2.04.00. Special exceptions, variances and conditional uses.

The BOA shall have the following duties and powers:

A.

Variances. To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to public interest. Where, owing to special conditions, a literal enforcement of the provisions of this ordinance will result in unnecessary hardship and so that the spirit of this ordinance shall be observed and substantial justice done. Such special conditions shall be limited to exceptional physical characteristics inherent in the specific piece of property such as exceptional narrowness, shallowness, shape, adverse topographic conditions as would result in peculiar and practical difficulties. Any variance shall not be contrary to the public interest and when owing to conditions peculiar to the property and not of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardships. A variance can be authorized for any provision within the Land Development Code which does not impair the intent of the zoning ordinance, zoning district map, and/or amend the Comprehensive Plan. Variances shall not be authorized for such provisions as minimum lot size, maximum density, permitted and/or conditional uses, distance of vendors selling liquor, beer or wine for on premise consumption from a church or school, road frontage (except where permitted by special exception or as specifically provided below), and other similar provisions.

Variances for road frontage may be authorized only under the following conditions:

1.

The parcel was established by contract for deed prior to the date that road frontage requirements were effective for the subject property. Such contract for deed must be in writing and properly witnessed to be considered valid for the purposes of this provision.

2.

The applicant agrees to and coordinates joint access with such adjoining parcel as specified by the Planning Department. Any access for the parcel shall be designed and constructed to allow for and facilitate joint access by the adjacent parcel.

3.

The authorization of the variance will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets, the danger of fire, imperil the public safety, unreasonably diminish or impair established property values within the surrounding area or in any other respect impair the health, safety, comfort, morals or general welfare of the inhabitants of Santa Rosa County.

4.

The variance will not impair the intent of the zoning ordinance or zoning district map.

5.

To permit the reduction of parking or loading requirements whenever the character or use of a building is such as to render unnecessary the full provision of parking or loading facilities as specified herein or whenever the strict enforcement of such provision would impose an unreasonable hardship as contrasted with merely granting an advantage or convenience.

6.

Additionally, variances from access management connection standards may be granted where the effect of the variance would be to enhance the safety or operation of the roadway.

B.

Special exceptions. To hear and decide special exceptions to the terms of this ordinance. The board is hereby authorized to grant special exceptions in appropriate cases and with appropriate safeguards to authorize the use of a premises for a purpose not generally permitted within the district in which said premises is located or to interpret specific provisions of this ordinance expressed in this Section whenever it finds sufficient facts to demonstrate to its satisfaction that such exception if granted would be substantially in harmony with the general purpose and intent of this ordinance.

The authority to decide special exceptions is limited to the following cases:

1.

To permit the extension of a district where the boundary line of a district divides a lot held in single ownership at the time of passage of this ordinance, except in the case of unplatted subdivisions.

2.

To interpret the location of a district line where the street layout on the ground varies from the street layout as shown on the zoning district map or in the event of any other ambiguity, except in the case of unplatted subdivisions.

3.

To permit the reconstruction of a non-conforming building which has been destroyed or partially destroyed by fire or Act of God, where the Board shall find that the continuance of such non-conforming use is in harmony with the general welfare of the public.

4.

[Reserved.]

5.

To permit the construction, extension, structural alteration or operation of the following uses, which are otherwise prohibited from certain districts, upon finding by the board that proper safeguards and conditions have been provided to lessen congestion in the streets, to secure safety from fire, panic or other dangers, to promote health and general welfare, to provide adequate light and air and to prevent overcrowding of land. The Board may impose such additional reasonable conditions and safeguards as it shall deem appropriate to promote the general purposes of this ordinance. The Board shall have the authority to authorize the following uses in the districts specified, whenever it finds that the safeguards and conditions stipulated have been met:

a.

Cemetery or mausoleum in any district, but provided that:

(1)

No main or assembly building be located closer than fifty (50) feet to any lot line adjoining an "R" district.

(2)

Direct access be provided to a collector or major thoroughfare street as differentiated from a local street which serves predominantly as access to residential property.

(3)

No undertaking establishment or funeral home be operated as a part of such cemetery or mausoleum except in the district where such uses are permitted in this ordinance.

b.

Off-street parking lot in R-2, R-2M, and R-3 "Multiple Family Districts" provided that at least one (1) boundary of such parking lot abuts a non-residential district and provided further that such parking lot is accessory to a permitted use located not more than three hundred (300) feet from the use served. In addition, site plan and landscaping requirements for all such off-street parking areas shall comply with Section 6(B)(11) regarding required landscaping, except that neither a public hearing shall be required by the zoning board, nor shall a review thereof be required by the county commission.

6.

To allow the dividing of a parcel in the residential zoning districts, resulting in a parcel which does not possess the required road frontage, if the following provisions are met:

a.

The divided land shall only be given without valuable consideration to a member of the donor's immediate family. (Immediate family being defined as spouse, father, mother, brother, sister, son, daughter, stepchild, grandchild, or grandparent.

b.

Property being divided shall not be located within a recorded, platted subdivision.

c.

The maximum allowable density of the parcel created shall not exceed the allowable density of the respective zone.

d.

Except for frontage and that which is herein contained, all other requirements of this ordinance shall be adhered to.

e.

An easement maintenance agreement between property owners is required or; an access easement (minimum width twenty (20) ft.) must be included in each newly created deed.

f.

No new county maintained roads are created.

g.

The parcels created are compatible with neighboring properties. The following criteria will be utilized in determining compatibility: social compatibility (to be accomplished through neighboring property owner notification per Section 2.04.03 and citizen review); disposition and orientation of any proposed buildings on the newly created lot(s); scale; and visual integrity.

7.

To permit a limited range of commercial uses strictly in conjunction with residential uses in Agricultural districts only and located on the same lot and limited to the following provisions:

a.

Maximum number of employees other than family members limited to four (4).

b.

The maximum sized structure allowed for commercial uses limited to one thousand two hundred (1,200) square feet of total gross floor area.

c.

Commercial activities limited to: woodworking, welding, professional services such as day care, modeling, dancing, and photography studios, hair care and similar services, plumbing and electrical contractors and similar services, and limited retail sales.

d.

Insure the health, safety and welfare of the surrounding community by imposing additional, reasonable safeguards as it shall deem appropriate.

8.

To permit the dividing of a parcel in the Highway Commercial Development District resulting in a parcel which does not posses the required road frontage, provided that:

a.

Joint access is provided and established through a joint access agreement between property owners. The joint access agreement must specify responsibility for access improvements necessitated by the development of either lot;

b.

Except for road frontage, all other requirements of this ordinance shall be adhered to; and

c.

No more than one (1) non-conforming lot is created and that parcel is deed restricted such that it cannot be further subdivided unless all of the platting requirements are met; and

d.

The parent parcel must conform to the road frontage requirements of this ordinance and must abut a state or county approved roadway; and

e.

The division of the parent parcel does not result in the creation of a flag lot; and

f.

An access management plan for the minor subdivision must be approved by the county engineer as provided in Section 4.04.03(D)(11).

[9.]

To permit the dividing of a parent parcel in the RR-1, R-1, R1-M, and R1-A zoning districts, resulting in a parcel(s) which will not possess the required road frontage. A parent parcel is defined as those lots of record as of October 22, 1998. A parent parcel may be subdivided with the following provisions:

(a)

A parent parcel may only be subdivided to create a maximum of three (3) new lots which do not meet minimum road frontage requirements. The three (3) new lots will include the remainder of the parent parcel if road frontage requirements [cannot] be met;

(b)

No new county roads are created;

(c)

An easement maintenance agreement between property owners or an access easement (minimum width twenty (20) feet) included in the deed is required;

(d)

Property being divided shall not be located within a recorded platted subdivision;

(e)

The maximum allowable density of the parcel created shall not exceed the allowable density of the respective zone;

(f)

Except for street frontage and that which is herein contained, all other requirements of this ordinance shall be adhered to; and

(g)

The new parcel size, use and configuration must be consistent with existing residential uses in the vicinity.

[10.]

To allow the temporary use of a mobile home as a guest residence within any residential zoning district due to medical hardship if the following conditions are met:

A.

The need for medical care must be certified in writing by a physician licensed in the State of Florida stating the medical hardship and specifying the extent of the need for in-house medical care and approximate length of time for the in-house medical need.

B.

A mobile home for temporary use shall not exceed one thousand three hundred (1,300) square feet in size.

C.

Both the primary residence and the mobile home must be located on a parcel with the same property identification number.

D.

Either the caregiver and their immediate family, or the person in need of medical care may occupy the mobile home.

E.

To avoid overcrowding on a parcel, the minimum lot size for the primary dwelling and mobile home shall be one-quarter (¼) acre in all zoning districts for those parcels utilizing public sewer, as long as lot coverage and setback requirements of the relevant zoning district are met. For those parcels utilizing septic tanks, the minimum lot size shall be one-half (½) acre, as long as lot coverage and setback requirements of the relevant zoning district are met.

F.

The mobile home must have available adequate water, sewer (septic tank), solid waste removal, and electric service. The building inspections department shall inspect the utility connections and shall verify that the mobile home complies with hurricane safety requirements.

G.

A survey or site plan is required and must be drawn to scale and show the location of all existing structures, the proposed location of the mobile home, and all required setback distances.

H.

The mobile home must be located behind the principle dwelling, be separated from the principle dwelling by at least ten (10) feet, and shall observe all setback requirements for the main building.

I.

Once the mobile home is placed upon the property, the wheels and axles shall not be removed, and no building permit shall be approved for additions to the mobile home, except for handicapped access ramps.

J.

The Zoning Board shall determine that the temporary use is the minimum necessary to afford relief due to a medical hardship which is defined as a condition of health whereby a person requires temporary in-house medical care and assistance by another but where circumstances make it difficult or impossible for the caregiver to reside in the same dwelling as the person in need of such care.

K.

The Zoning Board shall make a compatibility finding that the temporary use will not have an adverse impact on the use of surrounding properties.

L.

The temporary use of a mobile home as a guest residence due to medical hardship may be initially granted for a period of up to two (2) years. One (1) additional extension of up to two (2) years may be granted by the Zoning Board based on a physician's confirmation of the continuation of the hardship, and a finding of no changed circumstances, which would alter prior findings made by the BOA, filed prior to the two-year expiration date. The fee for notice, signage, and legal advertisement requirements shall apply to such extensions.

M.

When the medical hardship ends, or an extension is denied, or upon expiration of the initial approval, or upon expiration of the additional two-year extension, the mobile home must be removed from the site within sixty (60) days. Thereafter, code enforcement procedures will be instituted against the property owner to remove the mobile home. Only the Zoning Board, based on competent and substantial evidence or just cause, may extend the sixty-day period.

N.

Prior to the placement of the mobile home on the property, the owner of the parcel shall execute a "hold harmless agreement" acknowledging the county's right to remove the mobile home at the owner's expense if the owner, or his or her heirs and assigns, fail to remove the mobile home within the specified 60-day time period or extended period.

[11.]

To allow the temporary (seasonal) use of recreational vehicles (RVs) located in the Agriculture Rural Residential (AG-RR), Estate Residential (AG-1), or Agriculture-2 (AG-2) districts on parcels less than five (5) acres in size, subject to the following requirements:

a.

The recreational vehicle must be owned by the property owner or an immediate family member.

b.

The property owner shall provide for the lawful disposal of all waste.

c.

Commercial use of recreational vehicles in Agriculture or Agriculture-2 districts is prohibited. RVs or RV space may not be leased.

d.

The recreational vehicle must adhere to the setback requirements for accessory building and structures found in Section 2.10.05.

e.

The placement of the RV shall not have any adverse impact upon adjoining or nearby properties.

f.

The Zoning Board may impose additional criteria or restrictions, including, but not limited to, time limits and number of units, based on site-specific circumstances and characteristics to assure compatibility with adjacent uses.

[C].

Conditional uses. To hear and make a recommendation to the Board of County Commissioners regarding land uses which are conditional within each zoning district. The Board shall be charged with considering the criteria, general and specific (as specified in Section 6.09.00), with respect to the proposed use and assessing the impact said use may have on the surrounding area.

2.04.01. Consideration by the Zoning Board.

In considering all proposed variations to this ordinance, the Board shall, before making any finding in a specific case, first determine that the proposed variance or special exception will not constitute any change in the districts shown on the zoning map and will not impair an adequate supply of light and air to adjacent property, or materially increase the congestion in public streets, or increase public danger of fire safety, or materially diminish or impair established property values within the surrounding area, or in any respect impair the public health, safety, morals and general welfare of Santa Rosa County. All approved variances and special exceptions shall be developed and maintained as approved by the Zoning Board or Board of County Commissioners as applicable. Failure to do so shall constitute a violation of this ordinance.

2.04.02. Additional considerations and requirements in review of coastal setback variance request (protective shoreline structures).

A.

Explanation of need. Protective shoreline structures waterward of the setback line shall not receive a variance unless the applicant demonstrates to the Board's satisfaction that the subject property is critically imperiled due to the imminent probability of the projected wave uprush predicted in the study by the University of Florida Coastal and Oceanographic Engineering Department, endorsed by the Florida Department of Environmental Protection (DEP) pursuant to F.S. § 161.053, or as amended.

The applicant shall present a description of the exceptional physical conditions of the property and other special conditions which render compliance with the construction setback line a demonstrable hardship. The applicant shall submit scaled drawings showing the location of upland and adjacent structures, mean high water line, and the construction setback line referenced to DEP monuments if applicable.

B.

Impact on shoreline preservation and stability of adjacent property. Prior to application for a Department of Environmental Protection (DEP) permit, the applicant shall prove to the Board's satisfaction that the location, alignment and general design of the structure shall not reasonably impair shoreline stability and shall minimize the erosive tendency of hardened shoreline structures.

The applicant shall provide a design concept prepared by an engineer registered in the State of Florida with experience in shoreline erosion problems and solutions. The said engineer shall certify that the location, alignment and design of the structure shall minimize adverse impacts to the shoreline system and adjacent properties; and that the location and alignment of the structure shall be as far landward as possible to provide maximum opportunity for natural dissipation of energy arising from wave uprush. An approved DEP permit or detailed engineering including design or revetment to dissipate energy; methods of anchoring and tie-in, and other structural features shall be examined by the County Zoning Board as part of site plan review if variance requests are being considered.

C.

Subgrade revetments; sand and vegetative cover; and sand replenishment. The Board shall require where reasonable and practical the use of subgraded revetments, sand cover and vegetative cover over all shoreline structures together with a sand replenishment program to maximize natural dissipation of energy from wave uprush, decrease scour and generally minimize erosive tendencies of hardened structures. All subgraded structures shall be required.

D.

Removal of structures. Any shoreline protective structure approved by the Board for a variance and subsequently constructed shall be displaced and removed if either the subject structure or the primary protected upland structure is destroyed or damaged to an extent greater than fifty (50) percent and variance for reconstruction of the same is not subsequently granted waterward of the setback line by both the Board and the State of Florida Department of Environmental Protection.

2.04.03. Procedure for filing applications.

All applications to the Board for granting of variances, conditional uses or special exceptions to this ordinance shall be filed with the Planning Department, no later than thirty (30) business days prior to the next regularly scheduled meeting and thereupon the Board shall consider such application. At the time of filing such applications, the applicant shall deposit with the Planning and Zoning Division a fee in an amount as prescribed by the Board of County Commissioners. For appeals, variances, conditional uses and special exceptions letters shall be sent via first-class mail explaining the nature of the appeal, variance, conditional use or special exception and the time, date, and location of the meeting to be held to consider such variance, conditional use or special exception. For appeals and variances, letters shall be sent to all property owners within one hundred and fifty (150) feet of the property where said appeal or variance, is proposed. However, if the variance is for a structure greater than 35' in height, the notice shall be sent to property owners within five hundred (500') feet, or for any type of borrow pit, C&D, or LCD disposal facility, the notice shall be sent to property owners within fifteen hundred (1,500) feet of the property where said request is made. If the variance is located in the Rural Protection Zone, as identified by the Rural Development Plan, notice shall be sent to property owners within five hundred (500') feet of the boundary of the subject property, or 1,500 feet for structures 35 feet in height. For conditional uses or special exceptions, letters shall be sent to all property owners within five hundred (500') feet; however if the property is located within the Rural Protection Zone, the notification range shall be 1,500 feet.

Additionally, a sign no smaller than twenty (20) inches by thirty (30) inches shall be posted on said property clearly readable from the nearest road and stating the same information as the letters. The sign and letters must be completed fourteen (14) days prior to said meeting. Determinations made by the Zoning Board shall be valid for a period not to exceed thirty-six (36) months and must, therefore, be used by the applicant within the said thirty-six-month period.

(Ord. No. 93-04, § 1, 2-11-93; Ord. No. 98-06, § 1, 5-14-98; Ord. No. 98-17, § 1, 10-22-98; Ord. No. 99-11, § 1, 6-10-99; Ord. No. 2000-5, § 1, 4-13-00; Ord. No. 2000-17, § 1, 8-24-00; Ord. No. 2003-06 , § 1, 4-7-03; Ord. No. 2003-13, § 1, 5-28-03; Ord. No. 2003-26, § 1, 10-23-03; Ord. No. 2003-28, § 1, 12-8-03; Ord. No. 2004-07, § 1, 2-26-04; Ord. No. 2004-10, § 1, 3-29-04; Ord. No. 2004-25, § 1, 8-13-04; Ord. No. 2007-18, § 1, 6-28-07; Ord. No. 2007-26, § 1, 8-23-07; Ord. No. 2008-29, § 1, 7-24-08; Ord. No. 2011-05, 4-28-11; Ord. No. 2011-19, § 1, 7-28-11; Ord. No. 2015-22 , § 1, 9-24-15; Ord. No. 2018-06 , § 1, 5-24-18)

Editor's note— Ord. No. 2002-13, § 1, adopted May 28, 2003, provided for the inclusion of special exceptions for the Highway Commercial Development District. Said provision has been renumbered to read as set out in subsection 2.04.00 B.8.

Subsequently, Ord. Nos. 2003-26 and 2003-28, provided for additional special exceptions that have been renumbered as subsections 2.04.00B. 9. and 10.

Subsequently, Ord. No. 2004-07 provided for additional special exceptions that has been renumbered as subsection 2.04.00B.[11].

Editor's note

Ord. No. 2011-05, adopted Apr. 28, 2011, changed the title of § 2.04.00 from special exceptions and variances to special exceptions, variances and conditional uses.