Fillable CONDITIONAL USE PERMIT APPLICATION WORKSHEET Application Number (Brevard County Board of Commissioners)

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CONDITIONAL USE PERMIT APPLICATION WORKSHEET Application Number (Brevard County Board of Commissioners)

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Planning and Development
2725 Judge Fran Jamieson Way
Building A, Room 114
Viera, Florida 32940
(321) 633-2070 Phone
CONDITIONAL USE PERMIT APPLICATION WORKSHEET
________________________
Application Number
_____________________________________ ____________________________________
Owner Name Applicant Name
Property Location:
__________________________ ________________________ ________ ______________
Street City State Zip Code
Type of CUP Requested:
If CUP is for Alcoholic Beverages, with what use it is in conjunction?
Type of Plan Required by Section 62-1901(b) (refer to attached CUP checklist)
Reproducible Site Plan signed by a registered engineer, land surveyor, or architect
Scaled Dimensional Sketch Plan
NOTE: IF FULL SIZE DRAWINGS ARE SUBMITTED, PLEASE SUBMIT ONE COPY OF A
REDUCED VERSION OF THE PLANS (8 ½” X 11”, 8 ½” X 14”, OR 11” X 17”)
Section 62-1901 provides that the following approval procedure and general standards of
review are to be applied to all CUP (Conditional Use Permit) requests, as applicable. An
application for a specific conditional use within the applicable zoning classification shall be
submitted and considered in the same manner and according to the same procedure as an
amendment to the official zoning map as specified in Section 62-1151. The approval of a
conditional use shall authorize an additional use for the affected parcel of real property in
addition to those permitted in the applicable zoning classification. The initial burden is on the
applicant to demonstrate that all applicable standards and criteria are met. Applications
which do not satisfy this burden cannot be approved. Prepare responses to address how
the requested CUP will meet these standards and submit this completed worksheet along with
2
your application for public hearing for a CUP. You may attach additional pages or
documentation, if needed.
General Standards of Review
Section 62-1901(c)(1)(a): The proposed conditional use will not result in a substantial and
adverse impact on adjacent and nearby properties due to: (1) the number of persons
anticipated to be using, residing, or working under the conditional use; (2) noise, odor,
particulates, smoke, fumes, and other emissions, or other nuisance activities generated by the
conditional use; or (3) the increase of traffic within the vicinity caused by the proposed
conditional use.
Section 62-1901(c)(1)(b): The proposed use will be compatible with the character of the
adjacent and nearby properties with regard to use, function, operation, hours of operation, type
and amount of traffic generated, building size and setback, and parking availability.
Section 62-1901(c)(1)(c): The proposed use will not cause a substantial diminution in value of
abutting residential property.
*Note: A substantial diminution shall be irrebuttably presumed to have occurred if abutting
property suffers a 15% reduction in value as a result of the proposed conditional use. A
reduction of 10% of the value of abutting property shall create a rebuttable presumption that a
substantial diminution has occurred.
3
Specific Standards
Section 62-1901(c)(2)(a): Ingress and egress to the property and proposed structures
(including vehicular and pedestrian safety and convenience, traffic flow and control, and
emergency response access) shall be: (1) adequate to serve the proposed use without
burdening adjacent and nearby uses, and (2) built to applicable county standards, if any.
*Note: Burdening adjacent and nearby uses is defined as increasing existing traffic on the
closest collector or arterial road by more than 20%, or 10% if the new traffic is primarily
comprised of heavy vehicles, except where the affected road is at Level of Service A or B. New
traffic generated by the proposed use shall not cause the adopted level of service for
transportation on applicable roadways to be exceeded. Where the design of a public road to be
used by the proposed use is physically inadequate to handle the numbers, types, or weights of
vehicles expected to be generated by the proposed use without damage to the road, the
conditional use permit cannot be approved without a commitment to improve the road to a
standard adequate to handle the proposed traffic, or to maintain the road through a
maintenance bond or other means as required by the Board of County Commissioners.
Section 62-1901(c)(2)(b): The noise, glare, odor, particulates, smoke, fumes, or other
emissions from the conditional use shall not substantially interfere with the use or enjoyment of
the adjacent and nearby property.
4
Section 62-1901(c)(2)(c): Noise levels for a conditional use shall comply with Section 62-2271,
which includes the following: *Additional requirements may apply, per Section 62-2271.
The Maximum Permissible Time Averaged (Leq) and A-Weighted Sound Pressure Limits for
Receiving Uses are as follows:
Type of Use
Time Period
Maximum Allowable Sound
Pressure Level
Residential
7:00 a.m. to 10:00 p.m.
10:00 p.m. to 7:00 a.m.
60 dB(A)
55 dB(A)
Commercial
7:00 a.m. to 10:00 p.m.
10:00 p.m. to 7:00 a.m.
65 dB(A)
55 dB(A)
Industrial
7:00 a.m. to 10:00 p.m.
10:00 p.m. to 7:00 a.m.
75 dB(A)
65 dB(A)
Section 62-1901(c)(2)(d): The proposed conditional use shall not cause the adopted level of
service for solid waste disposal for the property or area covered by such level of service, to be
exceeded.
Section 62-1901(c)(2)(e): The proposed conditional use shall not cause the adopted level of
service for potable water or wastewater for the property or the area covered by such level of
service, to be exceeded by the proposed use.
5
Section 62-1901(c)(2)(f): The proposed conditional use must have existing or proposed
screening or buffering, in terms of type, dimensions, and character to eliminate or reduce
substantial, adverse nuisance, sight, or noise impacts on adjacent and nearby properties
containing less intensive uses.
Section 62-1901(c)(2)(g): Proposed signs and exterior lighting shall not cause unreasonable
glare or hazard to traffic safety, or interference with this use or enjoyment of adjacent and
nearby properties.
Section 62-1901(c)(2)(h): Hours of operation of the proposed use shall be consistent with the
use and enjoyment of the properties in the surrounding residential community, if any. For
commercial and industrial uses adjacent to or near residential uses, the hours of operation
shall not adversely affect the use and enjoyment of the residential character of the area.
6
Section 62-1901(c)(2)(i): The height of the proposed use shall be compatible with the character
of the area, and the maximum height of any habitable structure shall not be more than 35 feet
higher than the highest residence within 1,000 feet of the property line.
*Note: A survey of building heights within 1,000 feet of the property lines should be furnished
for applicants requesting a Conditional Use Permit for additional building height.
Section 62-1901(c)(2)(j): Off-street parking and loading areas, where required, shall not be
created or maintained in a manner which adversely impacts or impairs the use and enjoyment
of adjacent and nearby properties.
*Note: For existing structures, the applicant shall provide competent, substantial evidence to
demonstrate that actual or anticipated parking shall not be greater than that which is approved
as part of the site plan under applicable County standards.
7
Note to Applicant: Per Section 62-1902(f), Expiration, Conditional Use Permits approved after
the effective date of Ordinance No. 99-43 shall expire within three years from the date of
approval if the approved use is not constructed or under substantial and continuous
construction.
I have read the above note to applicant. All answers to the standards addressed by this
worksheet, and all accompanying plans and documents are true to the best of my
knowledge.
_______________________________________ __________________
Applicant Signature Date
Office Use Only:
Submittal checked by:______________________
Planning and Development
Planning and Zoning
2725 Judge Fran Jamieson Way
Building A, Room 114
Viera, Florida 32940
(321) 633-2070 Phone
CONDITIONAL USE PERMIT (CUP) CHECKLIST
Conditional Use Permits requiring scaled dimensional sketch plan only:
Any CUP for an existing structure not to be altered more than 50% of the original
floor area or seating capacity.
Or CUP is listed below.
Section 62-1904 Agricultural Pursuits.
Section 62-1913 Boarding of Horses and Horses for Hire.
Section 62-1917.5 Change of Nonconforming Agricultural Use.
Section 62-1924 Crematoriums.
Section 62-1925 Development Rights Receipt and Transfer.
Section 62-1927 Farm Animals and Fowl.
Section 62-1932 Guesthouses or Servants’ Quarters.
Section 62-1935 Horses and Barns.
Section 62-1945 Recreational Facilities.
Section 62-1945.5 Roadside Stands.
Section 62-1946 Security Mobile Homes.
Section 62-1947 Single-Family Residential Second Kitchen Facility.
Section 62-1951 Temporary Medical Hardship Mobile Homes.
Section 62-1956 Veterinary Hospitals or Clinics; Pet Kennels.
Section 62-1958 Wild Animals and Poisonous Reptiles
Site Plan Shows the following: parking, landscaping, external structural changes,
and ingress/egress.
CUP Checklist
Page 2
Conditional Use Permits requiring a reproducible site plan by a registered engineer, land
surveyor or architect:
Conditional Use Permit is listed below and is for a site which is either
undeveloped or which is to be altered by 50% or greater of the original floor area
or seating capacity of an existing structure.
Section 62-1905 Airplane Runways.
Section 62-1906 Alcoholic Beverages for On-Premises Consumption.
Section 62-1907 Arsenals and Explosives.
Section 62-1912 Bed and Breakfast Inns and Boardinghouses.
Section 62-1916 Cement, Concrete, and Concrete Building Products.
Section 62-1918 Child Care Centers.
Section 62-1920 Cluster Development of Mobile Homes.
Section 62-1921 Commercial Entertainment and Amusement Enterprises.
Section 62-1921.5 Composting Facility.
Section 62-1923 Convenience Store in the BU-1-A Zoning Classification.
Section 62-1929 Farmer’s Markets.
Section 62-1930 Flea Markets.
Section 62-1933 Hazardous Waste Facility.
Section 62-1934 Hog Farms.
Section 62-1936 Land Alterations.
Section 62-1937 Marinas.
Section 62-1938 Metal Salvage Yards and Junk Yards.
Section 62-1939 Mining and Smelting Operations.
Section 62-1940 Motocross.
Section 62-1941 Mulching Facility.
Section 62-1942 Plant Nurseries (with outside bulk storage of mulch, topsoil,
et cetera.)
Section 62-1943 Prison Camp Correctional Facilities.
CUP Checklist
Page 3
Section 62-1943.5 Private Heliports.
Section 62-1949 Solid Waste Management Facilities.
Section 62-1949.7 Substantial Expansion of a Pre-Existing Use.
Section 62-1953 Towers and Antennas.
Section 62-1954 Trailer and Truck Rental.
Section 62-1955 Truss Manufacturing Plants.
Section 62-1960 Zoological Parks.
Site Plan shows the following: parking, ingress/egress, landscaping, refuse,
screening or buffering, height, and stormwater retention areas.
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CONDITIONAL USE PERMIT APPLICATION WORKSHEET Application Number (Brevard County Board of Commissioners)

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Completed 1 April 2021

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