§ 345. Special Approval Process as Required by the Manatee County Comprehensive Plan.

345.1.   Purpose.

Special approval is a process requiring an additional level of review that is required pursuant to the Comprehensive Plan. The special approval process as required by the Manatee County Comprehensive Plan is outlined in Table 3-4.

The Special Approval table is not intended to replace any development review procedures which are required pursuant to Tables 4-1 and 4-2 and this Chapter, but rather must be read in conjunction with those development review procedures.

345.2.   Timing of Special Approval.

Special approval needs only to be granted on a single development application. Table 3-4 indicates with regard to many types of special approvals that there are options as to what type of development review process may simultaneously provide the review necessary to grant special approval; however, special approval is not required to be granted at each stage of review. No development order, administrative or otherwise, may be approved for projects which require special approval prior to the granting of special approval. Therefore, special approval shall be granted prior to or concurrent with the earliest approval required.

345.3.   Duration of Special Approval.

A special approval shall continue in effect until such time as the use for which the special approval was granted is discontinued for a period exceeding one (1) year. However, the use must have been established prior to the expiration of the special approval. A special approval shall expire at the time specified in the instrument granting the special approval or, if no time was specified in the instrument, the special approval shall expire seven (7) years from the date on which the special approval was granted.

345.4.   Manner of Granting Special Approval.

Special approval may be granted as part of another development order when allowed pursuant to Table 3-4 or may be granted through the adoption of a resolution following a duly noticed public hearing before the Board.

To the maximum extent possible, special approval is to be granted with whatever development application is required elsewhere in this Code. In many cases, special approval may be granted with administrative approvals (Preliminary and Final Site Plans, Preliminary Plats, etc.). In other cases, only the Board or a Hearing Officer may grant special approval (Rezone, General Development Plans, Special Permits, etc.). Where rezoning is required pursuant to Table 3-4, the Planned Development process will be required to obtain special approval.

345.5.   Standards for Granting Special Approval.

Special approval may be granted only upon findings that the project will have no significant detrimental impacts on natural resources, adjacent land uses, or public facilities and only when the specific criteria for the special approval established in the Comprehensive Plan or this Code, if any, have been satisfied. Conditions may be placed on the special approval to ensure the standards for granting are met and maintained through the life of the special approval.

345.6.   Submittal Requirements.

The County Administrator shall establish by administrative regulation the submittal requirements for special approval. At a minimum, the regulations shall require (i) preliminary data and analysis regarding existing public facilities and the impact of the project on those facilities, and (ii) an aerial photograph and project plan showing the arrangements of existing and proposed buildings; existing wetlands, trees, and other natural resources; proposed buffers and landscaping; neighboring land uses and the distances of those uses from the uses within the project.

Table 3-4: Special Approval as Required by the Manatee County Comprehensive Plan*

		REZONE AND GD PLAN	SPECIAL PERMIT	PREL. PLAN	PREL. PLAT	FINAL SITE	ADM. PERMIT	FINAL PLAT	BLDG. PERMIT	EARTH/ MOVING	CO
A.	Mixed and multi-use projects in residential, agricultural, urban fringe, low intensity office, and retail/office residential future land use categories, except for mixed-use projects in the UIRA or along Urban Corridors. (11)	X	X	X		X
B.	Residential developments at or above a specified density in the Comprehensive Plan which require Special Approval(5), except for multifamily projects in the UIRA or along the Urban Corridors.(11)	X
C.	Non-residential projects which exceed 30,000 square feet of gross building area and are located in the RES-1, RES-3, UF-3, RES-6, RES-9, RES-12, or RES-16 future land use categories, except for mixed-use projects in the UIRA or along Urban Corridors.(11)	See Note (9) Below
D.	All projects in the mixed use future land use categories (5), except along the Urban Corridors(11)	X							X
E.	Any project which requires Preliminary Site Plan/Preliminary Plat approval which is at least partially located in the Manatee or the Evers Watershed Reservoir Overlay category:(5)(7)	X
F.	Any project at least partially located in the Coastal High Hazard category which requires Preliminary Site Plan/Preliminary Plat Approval except a project located on land owned, leased or operated by the Manatee County Port Authority;(1)(5)(6)(7)	X	X
G.	Any project involving noise-sensitive uses within the Sarasota-Bradenton Airport's Airport Impact Overlay category: See Section 403.2 of this Code.
H.	Any project in which density is transferred from part of a wetland site to another part of the same project site.(1)(2)	X	X	X	X	X	X	X
I.	Any project involving the siting of marina-type uses.	X
J.	All new recreational vehicle parks.			X		X
K.	Development in ROR (Retail/Office/ Residential), IL (light industrial) and OL (Office Light) Future Land Use categories at special approval floor area ratios or maximum commercial project square footage specified in the Plan plus any development exceeding 6 du/ac in the ROR designation.(5) Developments in the UIRA or in the ROR and IL categories along Urban Corridors are exempt from the Special Approval Requirement.(11)	X
	Note: In IL categories retail commercial uses over 3,000 square feet require planned development, except along Urban Corridors.(11)
L.	Newly proposed non-residential non-agricultural development in the Manatee and Evers Watershed Overlay categories which require a construction or operating permit for industrial waste treatment as referred to in F.A.C., Chapter 17-4.	X
M.	Modifications to Special Exception projects, see Note (3).
N.	Any projects involving continued agricultural uses where clustering option farm working housing has been utilized in the AG/R or implementing the cluster option for farmworker housing until approved development is started on the project.						X
O.	Any project adjacent to an entranceway and not meeting the entranceway standards of Section 900.5. Developments along designated Urban Corridors do not require Special Approval. (11)	See Section 900
P.	When alternative scenarios for project access yield substantially different impacts on the number and magnitude of impediments to traffic on any functionally classified roadway or on any roadways shown on the Future Traffic or Circulation Map.						X
Q.	Any support uses located within a planned office or industrial park in the light industry and heavy industry land use categories seeking exemption from commercial location criteria.	X	X	X		X	X		X		X
R.	Mineral resource extraction activities which are regulated by the Manatee County Mining and Reclamation Ordinance and which are within the Manatee or Evers Watershed Overlay categories.(6)	X
S.	Mineral resource extraction activities which are exempted by the Manatee County Mining and Reclamation Ordinance but which are defined as major earthmoving under the Land Development Code and which are within the Manatee or Evers Watershed Overlay categories.		X							X
T.	Mineral resource extraction activities which are exempted by the Manatee County Mining and Reclamation Ordinance but which are defined as minor earth moving under the Land Development Code and which are within the Manatee or Evers Watershed Overlay categories.									X
U.	Any project adjacent to perennial lake or stream.	X	X	X	X	X	X	X
V.	Any project in the Airport Impact Overlay District: See Section 403.2.
W.	Additions under 50,000 square feet to existing (prior to approval of the LDC) non-residential projects which already exceed 50,000 square feet in size, located within the R/O/R and MU future land use categories(5) except if located in the UIRA or along an Urban Corridor.(11)	X	X	X		X	X		X
X.	Additions over 50,000 square feet to existing non-residential projects located within the R/O/R and MU future land use categories(5), except if located in the UIRA or along an Urban Corridor.(11)	X
Y.	New non-residential projects located within the R/O/R and MU future land use categories having more than 50,000 square feet(5). Projects in the UIRA or along an Urban Corridor do not require Special Approval.(11)	X
Z.	Legally established light industrial uses located within the R/O/R who wish to change light industrial uses or increase their square footage. (See Note 3 below)
AA.	Permit consideration of densities in excess of the maximum densities in a residential zoning category for projects which qualify as affordable housing, pursuant to the criteria approved by the Board of County Commissioners. (See Note (8))
BB.	Additions of less than 50,000 sq. ft. to existing (prior to approval of the Code) non-residential projects located within the IL and IH Future Land Use Categories(5), except along an Urban Corridor.(11)	X	X	X		X	X		X
CC.	Additions over 50,000 sq. ft. to existing non-residential projects located within the IL and IH future land use categories(5), except along an Urban Corridor.(11)	X
DD.	Projects where nuisance, exotic vegetation will not be removed, pursuant to Section 701.4.E.	X	X	X	X	X	X	X	X	X	X
EE.	When a project in the Wastewater Service Area proposes use of a septic tank in conjunction with development.(10)

 

NOTES: * This table is not intended to be all inclusive. The comprehensive plan may list other instances where Special Approval is required.

(1)

All development proposed in the Coastal Wetland Habitat requires BOCC approval.

(2)

Any proposed mitigation ratios below 2:1 for herbaceous wetlands and 4:1 for forested wetlands require approval by the BOCC (excluding single family homes on a lot of record).

(3)

All modifications, except those which are listed under Section 324.2.A of this Code require BOCC approval. Those items listed as minor modifications may be approved administratively.

(4)

In Ag/R, and OL Category non-residential development over three thousand (3,000) s.f. requires Planned Development.

(5)

Parcels which already have a Planned Development category do not need to be rezoned.

(6)

Mineral Resource extraction requires a rezone to EX. The Master Mining Plan may serve as the General Development Plan.

(7)

Reserved.

(8)

A Land Use and Deed Restriction Agreement must be approved.

(9)

Special approval for non-residential projects which exceed thirty thousand (30,000) square feet and are located in a residential (FLU) category shall be heard and decided by the Board of County Commissioners. Notwithstanding the Board review of special approval, such projects shall comply with all other development review procedures and applicable provisions of this Code. Special approval may be granted by the Board as part of any other development order or through a separate process. Where special approval is granted by the Board through a separate review process, the granting of any other development order for such a project shall occur only subsequent to the Board's adoption of a resolution granting special approval for that project, and the granting of any other development order must be consistent with the Board's special approval resolution.

(10)

Approval shall be determined as provided in the Manatee County Public Works Standards Manual (Utilities).

(11)

Developments along Urban Corridors can only be exempt from Special Approval if they meet the requirements of Section 902.

(Ord. No. 16-31 , § 3(Exh. A), 11-3-16; Ord. No. 16-06 , § 3(Exh. A-2), 11-15-16; Ord. No. 16-24 , § 3(Exh. A-3), 11-15-16)