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Planning

 

ARTICLE VI:  CONDITIONAL USE CRITERIA

SECTION 2-6.1:                 

PURPOSE AND INTENT

The purpose of this article is to ensure that a conditional use shall only be permitted on specific sites where the proposed use may be adequately accommodated without generating adverse impacts on properties and land uses within the immediate vicinity.  This section sets forth provisions and criteria for consideration of conditional uses on specific sites.  Conditional uses shall be permitted only upon a finding that the proposed use satisfies the provisions of this article.

SECTION 2-6.2:                 

SPECIFIC CRITERIA FOR APPROVING A CONDITIONAL USE

A conditional use shall be permitted upon a finding by the Planning Board that the proposed use, application, and, if applicable, development plan comply with the criteria herein specified, including specific conditions established by the Planning Board and or the City Commission during review of respective application in order to ensure compliance with the Comprehensive Plan and land development regulations. If the proposed conditional use is a major development pursuant to Section 4-18.3(B), the City Commission shall render the final determination pursuant to Section 2-6.3.  A conditional use shall be denied if the City determines that the proposed use does not meet the criteria herein provided and further that the proposed conditional use is adverse to the public's interest.  An application for a conditional use shall describe how the specific land use characteristics proposed meet the criteria described in Section 2-6.2 (B) below and shall include a description of any measures proposed to mitigate against possible adverse impacts of the proposed conditional use on properties in the immediate vicinity. 

 

A.            Characteristics of Use Described.  The following characteristics of a proposed conditional use shall be clearly described as part of the conditional use application:

1.             Scale and intensity of the proposed conditional use as measured by the following:

a.             Floor area ratio;

b.             Traffic generation;

c.             Square feet of enclosed building for each specific use;

d.             Proposed employment;

e.             Proposed number and type of service vehicles; and

f.              Off-street parking needs.

2.             On- or off-site improvement needs generated by proposed conditional use and not identified on the preceding list to include the following:

a.             Utilities;

b.             Public facilities, especially any improvements required to ensure compliance with concurrency management provisions provided in Article IX.

c.             Roadway or signalization improvements, or other similar improvements;

d.             Accessory structures or facilities; and

e.             Other unique facilities/structures proposed as part of site improvements.

3.             On-site amenities proposed to enhance site and planned improvements.  Amenities including mitigative techniques such as:

a.             Open space;

b.             Setbacks from adjacent properties;

c.             Screening and buffers;

d.             Landscaped berms proposed to mitigate against adverse impacts to adjacent sites; and

e.             Mitigative techniques for abating smoke, odor, noise, and other noxious impacts.

 

B.            Criteria for Conditional Use Review and Approval. Applications for a conditional use shall clearly demonstrate the following:

1.             Land use compatibility.  The applicant shall demonstrate that the conditional use, including its proposed scale and intensity, traffic generating characteristics, and off-site impacts are compatible and harmonious, with adjacent land use and will not adversely impact land use activities in the immediate vicinity.

2.             Sufficient Site Size, Adequate Site Specifications, and Infrastructure to Accommodate the Proposed Use.  The size and shape of the site, the proposed access and internal circulation, and the urban design enhancements must be adequate to accommodate the proposed scale and intensity of conditional use requested.  The site shall be of sufficient size to accommodate urban design amenities such as screening, buffers, landscaping, open space, off-street parking, efficient internal traffic circulation, infrastructure (i.e.,cross reference Article IX to ensure concurrency management requirements are met.) and similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use.

3.             Proper Use of Mitigative Techniques. The applicant shall demonstrate that the conditional use and site plan has been designed to incorporate mitigative techniques needed to prevent adverse impacts to adjacent land uses. In addition, the design scheme shall appropriately address off-site impacts to ensure that land use activities in the immediate vicinity, including community infrastructure are not burdened with adverse impacts detrimental to the general public health, safety and welfare.

4.             Hazardous Waste. The proposed use shall not generate hazardous waste or require use of hazardous materials in its operation without use of City approved mitigative techniques designed to prevent any adverse impact to the general health, safety and welfare.  The plan shall provide for appropriate identification of hazardous waste and hazardous material, regulate its use, storage and transfer consistent with best management principles and practices. No use which generates hazardous waste or uses hazardous materials shall be located in the City unless the specific location is consistent with the Comprehensive Plan, land development regulations, and does not adversely impact wellfields, aquifer recharge areas, or other conservation resources.

5.             Compliance with Applicable Laws and Ordinances. A conditional use application shall demonstrate compliance with all applicable federal, state, county, and City laws and ordinances. Where permits are required from governmental agencies other than the City, these permits shall be obtained as a condition of approval. The City may affix other conditions to any approval of a conditional use in order to protect the public health, safety, and welfare.

6.             Additional Criteria Applicable to Specific Land Uses. Applicants for conditional use approval shall demonstrate that the proposed conditional use satisfies the following specific criteria designed to ensure against potential adverse impacts which may be associated with the proposed land use.

a.             Land Uses Within A Conservation Area. Land uses in conservation areas shall be reviewed with emphasis on compliance with Article XI "Environmental Protection," especially compliance with criteria, including land use compatibility and mitigative measures related to wetland preservation, coastal resource impact analysis and shoreline protection, protection of marine life and fisheries, protection of flora and fauna, and flood plain protection. The size, scale and design of structures located within a conservation area shall be restricted in order to prevent and/or minimize adverse impacts on natural resources. Similarly, public uses should only be approved within a wetland or coastal high hazard area V-zone when alternative upland locations are not feasible on an upland site outside the V-zone.

b.             Residential Development.  Residential development proposed as a conditional use shall be reviewed for land use compatibility based on compliance with Article V "Zoning District Regulations," including size and dimension regulations impacting setbacks, lot coverage, height, mass of building, building coverage, and open space criteria.  Land use compatibility also shall be measured by appearance, design, and land use compatibility criteria established in Article X, especially protection of historic resources; subdivision of land; access, internal circulation, and off-street parking; as well as possible required mitigative measures such as landscaping and site design amenities.

c.             Commercial or Mixed Use Development.  Commercial or mixed use development proposed as a conditional use shall be reviewed for land use compatibility based on compliance with Article V "Zoning District Regulations," including size and dimension regulations impacting floor area ratio, setbacks, lot coverage, height, mass of building, building coverage, and open space criteria.  Land use compatibility also shall be measured by appearance, design, and land use compatibility criteria established in Article X, especially protection of historic resources; subdivision of land; access, pedestrian access and circulation; internal vehicular circulation together with access and egress to the site, and off-street parking; as well as possible required mitigative measures such as landscaping, buffering, and other site design amenities.  Where commercial or mixed use development is proposed as a conditional use adjacent to US l, the development shall be required to provide mitigative measures to avoid potential adverse impacts to traffic flow along the US 1 corridor, including but not limited to restrictions on access from and egress to US 1, providing for signalization, acceleration and deceleration lanes, and\or other appropriate mitigative measures.

d.             Development Within or Adjacent to the Historic District.  All development proposed as a conditional use within or adjacent to the historic district shall be reviewed based on applicable criteria stated herein for residential, commercial, or mixed use development and shall also comply with appearance and design guidelines for historic structures, contributing structures, and/or shall be required to provide special mitigative site and structural appearance and design attributes or amenities that reinforce the appearance, historic attributes, and amenities of structures within the historic district.

e.             Public Facilities or Institutional Development.  Public facilities or other institutional development proposed as a conditional use shall be reviewed based on land use compatibility and design criteria established herein for commercial and mixed use development.  In addition, the City shall analyze the proposed site location  and design attributes relative to other available sites and the comparative merits of the proposed site, considering professionally accepted principles and standards for the design and location of similar community facilities and public infrastructure.  The City shall also consider compliance with relevant Comprehensive Plan assessments of community facility and infrastructure needs and location impacts relative to service area deficiencies or improvement needs.

f.              Commercial Structures, Uses, and Related Activities within Tidal Waters.  Cross reference Section 2-7.12(C).

                       g.             Adult Entertainment Establishments.  Cross reference Section 
                                     2-7.28.

 

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