§ 13-332. Application review criteria and action.

(a)

Review criteria.

(1)

General. The conceptual plan review will include an appraisal by the authorities of the difficulties the applicant might encounter in further developing his/her project to comply with the requirements of this chapter. The following criteria must be considered in reviewing applications for use permits.

a.

The use must be in harmony with the purpose and intent of this chapter.

b.

The use must be compatible with surrounding existing and anticipated uses.

c.

The use must not adversely affect the public interest. Adequate traffic circulation, sanitary, utility, drainage, refuse management, emergency services and similar necessary facilities and services shall be available for the use. A use shall not create hazardous vehicular or pedestrian traffic conditions, or parking congestion, or generate traffic that exceeds the capability of roads and streets serving the use, or otherwise affect public safety.

d.

The site must be suitable for the proposed use, considering flood hazard, drainage, soils, and other conditions which may pose a danger to life, health or property.

e.

The development of the use shall have no more than a minimal adverse effect on the environment, public health, safety, and welfare.

f.

Proposed improvements and the level of cooperation by the developer shall be considered.

g.

Unless specifically provided otherwise, the use shall comply with this code.

(2)

Special, conditional and temporary uses. The following requirements must be considered in reviewing applications for special, conditional, and temporary use permits. Additional standards or different standards for specific uses may be required or allowed in other sections of this code.

a.

The use must not be detrimental to the neighborhood environment or unduly infringe on the rights of surrounding property owners.

b.

A vehicular parking or traffic problem must not be created, and the vehicular average daily traffic created on local roads must not be increased in such a manner as to degrade the established function of the roadway or create hazards to public health or safety. The commission and staff may rely on input from the Florida Department of Transportation, the Florida Highway Patrol and the sheriff's office in making this determination.

c.

Screening and buffering sufficient to minimize interference with the enjoyment of surrounding properties may be required.

(b)

Action on application.

(1)

Actions. Actions on applications shall be as specified in section 13-313(e).

(2)

Actions in writing. All actions of the authority shall be recorded as follows:

a.

Approved uses.

1.

Permitted and short temporary uses. A use permit shall be issued by the approving authority for all approved applications.

2.

For special, conditional, and long temporary uses. A use permit shall be issued by the approving authority for all approved applications. The use permit shall be recorded by the director with the Sumter County Clerk of Circuit Court prior to any development permits being issued pursuant to the use permit.

3.

Conditions. In recommending or granting all use permits, except permitted uses, the authority may, upon consideration of review criteria and the purposes of this chapter, impose such reasonable and appropriate conditions and safeguards as will ensure that the use of the property to which the application applies will be as compatible as practicable with the surrounding properties and further the purposes of this chapter. Therefore, the approving authority may require design, construction and operation standards above what is specified in this chapter if it finds that such additional standards are necessary. In addition to the findings of fact, conclusions of law and language specifying the nature of the use and the action taken, the use permit shall contain any prescribed conditions and safeguards imposed by the approving authority. All conditions attached to the use permit are enforceable in the same manner as any other applicable requirements of this chapter and such use shall be limited by whatever restrictions the approving authority places on the approval. A use permit may be issued for an indefinite or specified duration in compliance with other provisions of this chapter.

b.

Disapproved uses. Disapproved applications shall be included in the written minutes and shall be deemed final for purposes of appeal on the date the action is taken.

(Ord. No. 2015-17, § 3(Exh. A), 9-22-15)