§ 72-293. Special exceptions.

The dwellings may be arranged in a cluster fashion on the premises. (12) Group homes and nursing homes, boarding houses. a. The scale of the facility (e.g., number of residents) shall be compatible with the density and character of the surrounding residential area. b. No principal or accessory building shall be located less than 45 feet from any property line. c. Unless waived by the county council, off-street parking and loading areas meeting the requirements of section 72-286 and landscaped buffer areas meeting the requirements of section 72-284 shall be constructed. (13) Private clubs are permitted provided: a. The total lot area covered with principal and accessory buildings shall not exceed 15 percent. b. No principal or accessory building, swimming pool or tennis court shall be located less than 50 feet from any lot line. c. No outdoor loudspeaker or call system shall be audible on adjoining property. d. All artificial lights shall be directed away from adjoining properties. e. Unless waived by the county council, off-street parking areas meeting the requirements of section 72-286 and landscaped buffer areas meeting the requirements of section 72-284 shall be constructed. (14) Off-street parking areas are permitted as indicated in the zoning classification as a special exception on vacant lots that are contiguous to or lie directly across the street from the property which the parking will serve, providing the following conditions are met: a. The off-street parking area shall be used to serve a proposed or existing conforming commercial or industrial use. b. The off-street parking area shall be used exclusively for additional off-street parking spaces that exceed the minimum off-street parking space requirements of subsection 72-286(5) of this article. Access to the off-street parking area shall comply with the requirements of the Land Development Code [article III]. c. If the off-street parking area is contiguous to the premises on which the principal commercial use is located, motor vehicles shall only enter or exit the parking area through that premises. d. If the off-street parking area is across the street from the premises on which the principal commercial use is located, all entrance and exit drives shall be located directly across from that premises. e. The off-street parking area shall be designed to meet the dimensional requirements of the Land Development Code. f. A landscape plan meeting the requirements of section 72-284 shall be submitted. g. The parking area shall not be used until the parking area has been constructed in accordance with the plans approved pursuant to the special exception. (15) Excavations. a. A special exception is not required for the following activities: 1. Installation of utilities, provided a valid underground utility permit or right-of-way utilization permit has been issued. 2. Grading and filling in conjunction with commercial, industrial, or residential construction provided a development order or permit has been obtained. 3. Foundations and building pads for any building or structure, provided that a valid building permit has been issued by the department. 4. Minor landscaping projects provided they do not encroach in flood-prone areas as depicted on the flood insurance rate maps, promulgated by the Federal Emergency Management Agency, or change the natural drainage pattern of the ground surface at the property line. 5. Swimming pool construction provided a building permit has been issued for construction of the pool. 6. For excavations relating to the accessory use of land and designed to be filled upon completion of excavation, such as septic tanks, graves, etc. 7. Borrow pits designated or controlled by any federal or state agency or local government; or any federal or state agency or local government created by law to provide for mosquito control or drainage, or any drainage district created pursuant to Laws of Fla. ch. 298. 8. Where not otherwise governed by zoning requirements, any leveling of land within the confines of a single tract of land where the plans for such leveling are authorized by the Land Development Code [article III]. If such plans are disapproved by the Land Development Code, the applicant may, upon application, appeal such decision directly to the county council. 9. Excavations of leveling for private drives to provide ingress or egress authorized by the Land Development Code. 10. Notwithstanding the provisions of subsection g to the contrary, excavated material from a tailwater recovery system or farm pond may be transferred from one parcel of land to a noncontiguous parcel when such system is designed to meet the standards and specifications of the United States Department of Agriculture Soil Conservation Service, or designed by a professional engineer licensed to practice in the State of Florida. Said tailwater recovery system is defined as a facility to collect, store and transport irrigation tailwater in a farm irrigation distribution system. In order to qualify for said exemption, the design for said system shall be approved by the Saint John's River Water Management District or U.S.D.A. Soil Conservation Service and submitted for authorization by the enforcement official. Each tailwater recovery system must be completed within six months of receiving approval. 11. Any excavation project funded by the Volusia County Department of Public Works and the Florida Department of Transportation which was in operation under a valid contract specifying effective dates thereof and the amount of material to be supplied thereunder, executed with one of those entities and which, pursuant to the predecessor language of this subsection, was being conducted as an exempt excavation on the effective date of this new subsection (15)a.11., shall remain exempt until that date which is: (i) the earlier of the expiration of said contract; or (ii) two years from the effective date of this new subsection. 12. Farm ponds . Accessory ponds may be established in conjunction with an agricultural use with an existing agricultural exemption granted by the property appraiser if said pond is three-fourths of an acre or less in size. The landowner shall forward to the growth and resource management department for approval, a copy of the proposed plans prior to construction of any farm pond. The boundaries of excavation are to be wholly within a single landowner's property, which is used for agricultural purposes. Off-site drainage is not to be affected. Farm ponds are to be constructed to the standards and specifications promulgated by the U.S. Department of Agriculture, Soil Conservation Service, and shall be approved by that agency. Each pond must be completed within six months of receiving soil conservation service approval. Farm ponds shall be limited to a parcel of land ten acres or greater in size and located in an agricultural classification, except RA. b. The following requirements and conditions must be met for any nonexempt excavation. A nonexempt excavation requires a special exception to this article and issuance of a permit in accordance with the final site plan procedures of division 3 of the Land Development Code [article III]. 1. Each application for a special exception shall be accompanied by plans, drawings, and information prepared by a Florida registered engineer depicting, at a minimum: i. Existing and proposed topography at one-foot contour interval. Such topography shall extend a minimum of 150 feet beyond the top of the bank of excavation. ii. Proposed side slopes and depths which meet these minimums: All sides of the excavated area shall, at a minimum, comply with the following: A. One foot vertical for each four feet horizontal to a depth of two feet below the seasonal low water table elevation as determined by a geotechnical engineer, unless waived by the county council. B. For depths greater than two feet below the seasonal low water table elevation, the slope may be one foot vertical for each one foot horizontal. Unless waived by the county council, and notwithstanding section 72-282 of this article, any excavation in excess of the aforementioned slope shall be fully enclosed by a six-foot-high chain link fence approved by the CDE, which shall include a gate that shall be closed and locked at all times during which the excavation pit is not in use. Unless determined otherwise by the CDE, said fencing shall be completely installed prior to initiation of the excavating activity and shall remain in place until the excavation is satisfactorily reclaimed. iii. Wet and dry season water elevations and the existing surface drainage pattern. iv. Notwithstanding any other minimum yard sizes required by this article, the top of the bank of an excavation shall be set back the following minimum distance: A. One hundred fifty feet from the right-of-way of any public street, road or highway. B. One hundred fifty feet from abutting residential or mobile home classified property. C. One hundred fifty feet from any other abutting property. D. One hundred fifty feet from any natural or manmade surface water body, watercourse or wetland. v. Perimeter landscape buffers shall be established prior to initiation of the excavating activity and shall meet the requirements of subsection 72-284(2)a., "Landscape Buffer Table". vi. The area and amount of material to be excavated in cubic yards. A discussion of the proposed method of excavation shall be provided. vii. The proposed method of dewatering. viii. The time, duration, phasing and proposed work schedule of the total project. ix. A detailed reclamation plan, drawn to an acceptable scale, and program to be performed upon completion of the project. As a minimum, the plan of reclamation shall include: A. Time, duration, phasing and proposed work schedule of the reclamation. B. Depiction of finished, stabilized, side slopes, including methods and plant materials proposed for use. For a wet excavation, a littoral zone is required to be established around the resultant water body. The specifications of said zone shall be determined in conjunction with the county's environmental management department. The establishment, to the fullest extent practical, of sinuous shorelines is required. C. Landscape plan for the portion of the property disturbed by excavation and associated activities, including an inventory of plant/tree species to be used.
The reclamation plan must be approved by the development review committee. D. The resultant artificial water body shall comply with the standards established by the St. Johns River Water Management District and other appropriate agencies. Said water bodies may be required to be stocked with fish. Ambient water quality testing may also be required. x. A hydrogeologic report, prepared by a qualified engineer of hydrologist, of the proposed excavation site. Such a report shall, at a minimum, provide: A. A detailed description of subsurface conditions. B. A groundwater contour map. C. A map depicting the thickness and depths of material to be excavated. D. A discussion of the environmental impacts of the proposed excavation, including but not limited to the impact of the proposed excavation upon existing area wells. E. A recommendation of the necessity to install monitoring wells. xi. The proposed location of access points to the site and proposed haul routes for disposal of excavated material. Vehicular access to and from excavations shall be designated by the council at the time of approval of the special exception. xii. Proposed plans for fencing and signs. xiii. A statement from the applicant identifying all other federal, state and local permits required, if any. 2. The bottom of any reclaimed excavation should be graded to allow all water to drain to a sump area not less than 15 feet by 15 feet (225 square feet). The bottom of the excavation shall be graded in a fashion which will not cause water to accumulate in stagnant pools. The bottom of excavations shall be uniformly graded to prevent anoxic sinks. 3. Whenever the Volusia County Public Works Department determines that the use of any county right-of-way designated by the applicant for ingress and egress to and from the excavation site will be subject to excessive deterioration resulting in the breakdown of the subsurface and base of such right-of-way, the applicant may be required to agree to provide the county with funds in the amount necessary to mitigate the adverse impact upon the right-of-way which is caused by the excavation operation and to ensure that said roadway is maintained in a satisfactory condition. In furtherance of this agreement, the excavator may be required by the county council to post an acceptable performance bond, irrevocable letter of credit, or funds in escrow in the amount up to 100 percent of the estimated reconditioning costs, as estimated by the Public Works Department. 4. All excavations, as applicable, shall be reclaimed in accordance with the rules of the Florida Department of Environmental Protection, Division of Resource Management, found in the Florida Administrative Code. The requirements of this article shall not relieve a person from complying with the above said state rules, as applicable. Should the requirements of this article conflict with said state rules, the stricter reclamation and restoration requirements shall govern. 5. All reclamation activities shall be initiated at the earliest possible date. Reclamation of the site concurrent with excavation activities is encouraged provided that the reclamation activities will not interfere with the excavating activity or if the excavating activity will damage the reclaimed areas. 6. All temporary structures shall be removed from the premises upon completion of the excavation activity unless said structures are of sound construction [and] are compatible with the reclamation goals. Said structures shall be accurately depicted upon the approved reclamation plan. 7. Whenever it is determined that reclamation of the excavation pit is required at the termination of the project in order to prevent soil erosion, adverse effects on county-maintained rights-of-way or natural drainage pattern, to protect the natural environment surrounding the excavation pit or to protect the character and value of surrounding property, the county council may require an acceptable performance bond, funds in escrow, or irrevocable letter of credit in the amount of 100 percent of the estimated cost of reclamation. Said cost shall be derived using the proposed plan of reclamation. Said bond or letter of credit shall be conditioned that the excavation and reclamation shall be in accordance with the approved plan. 8. No person may engage in the business of being an excavator until such person has secured an occupational license in accordance with the county occupational license requirements. 9. No excavator may excavate a parcel of land until he obtains an excavation permit issued by the growth management department in accordance with the terms of this article prior to any excavation being made on the property to be excavated. 10. The excavation shall not be used for the disposal of material generated off-site without prior approval from the county environmental management department and the Florida Department of Environmental Protection and without obtaining all appropriate federal, state and local permits. 11. The excavation shall comply with the tree protection requirements specified by division 10 of the Land Development Code [article III], and with the requirements of the county noise ordinance [Code section 50-491 et seq.]. 12. If upon the conclusion of public hearings the special exception is approved, final site plan approval, as specified by division 3 of the Land Development Code [article III], is required. 13. Off-site discharge is prohibited. c. Any excavator shall be responsible for notifying Volusia County and the Florida Department of State, Bureau of Historical Resources when human remains and/or artifactual materials are discovered. The county reserves the right to monitor the excavation activity and to prohibit such activity if artifactual materials and/or human remains are encountered. d. All excavations shall use the most current best management practices (BMP) so as to control erosion and limit the amount of sediment reaching surface waters. The county reserves the right to monitor the excavation activity and prohibit said activity if it is determined that said activity is responsible for off-premises erosion. (16) Landfills, construction and demolition debris disposal facility, materials recovery facility, recovered materials facility or off-site disposal of land clearing debris facility. a. No special exception for the deposition of material is required by this article for the following activities provided that the activity does not violate any federal or state laws, rules, regulations or orders: 1. Normal farming operations/agricultural use. 2. Grading, filling and moving of earth in conjunction with commercial, industrial or subdivision construction provided a development order or permit has been obtained. 3. Foundations and building pads for any building or structure, provided that a valid building permit has been issued by the growth management department. 4. Minor landscaping projects provided they do not encroach in flood-prone areas as depicted on the flood insurance rate maps, promulgated by the Federal Emergency Management Agency, or change the natural drainage pattern of the ground surface at the property line. 5. Exemptions contained in Rule 62-701.320(2), F.A.C. b. The following requirements and conditions shall be met for landfills or other facilities as provided herein, subject to Florida Department of Environmental Protection permit approval: 1. Each application for a special exception shall be accompanied by plans, drawings, and information prepared by a Florida registered engineer depicting, at a minimum: i. Existing and proposed topography at one-foot contour intervals. Such topography shall extend a minimum of 150 feet beyond the toe of slope of the landfill or facility. ii. Wet and dry season water elevations and the existing surface drainage pattern. iii. Notwithstanding any other minimum yard size requirements of this article, the sides of a landfill or facility shall be set back the following minimum distances: A. One hundred twenty-five feet from the right-of-way of any public street, road or highway. B. One hundred twenty-five from abutting residential or mobile home classified property. C. One hundred twenty-five from any other abutting property. D. One hundred twenty-five from any natural surface water body, watercourse or wetlands. iv. Perimeter landscape buffers shall be established prior to initiation of the activity and shall meet the requirements of subsection 72-284(2)a., "Landscape Buffer Table". v. A description of the area and volume of material to be filled. vi. A description of the time, duration, planning and proposed work schedule of the project. vii. A detailed reclamation plan, and program to be performed upon completion of the project.
As a minimum, the plan of reclamation shall include: A. Time, duration, phasing and proposed work schedule. B. Depiction of finished, stabilized sides. C. Landscape plan for portion of property disturbed by landfill and associated activities, including an inventory of plant/tree species. The reclamation plan must be approved by the development review committee. viii. The proposed location of access roads to the sites and proposed haul routes for material to be deposited. Vehicular access to and from the landfill or facility shall be designated by the county council at the time of approval of the special exception. ix. Proposed plans for fencing and signs. All proposed signs shall be consistent with section 72-298 et seq. of the this article. Notwithstanding the provision of section 72-282 of the this article, landfill or facility shall be fenced in a manner approved by the county engineer. x. A report prepared by a qualified engineer of the proposed landfill or facility site. Such a report shall at a minimum provide a detailed discussion of the environmental impacts of the proposed landfill or facility and a recommendation of the necessity to install monitoring wells. xi. Evidence that the applicant has contacted the Florida Department of Environmental Protection, by certified mail with a copy of the return receipt to the growth management services group, and all other appropriate state and substate agencies, for the requisite permit. Such a landfill or other facility, as a condition of approval of the special exception, shall obtain a permit from the Florida Department of Environmental Protection. 2. Whenever the public works department determines that the use of any county right-of-way designated by the applicant for ingress and egress to and from the site will be subject to excessive deterioration resulting in the breakdown of the subsurface and base of such right-of-way, the applicant may be required to agree to provide the county with funds in the amount necessary to mitigate the adverse impact upon the right-of-way which is caused by the operation and to ensure that said roadway is maintained in a satisfactory condition. In furtherance of this agreement, the operator may be required by the county council to post an acceptable performance bond, irrevocable letter of credit, or funds in escrow, in the amount up to 100 percent of the estimated reconditioning costs, as estimated by the public works department. 3. If upon completion of the public hearings the special exception is approved, final site plan approval, as specified by division 3 of the Land Development Code [article III] is required. 4. The county council as a condition of the approved special exception may further limit the types of materials that may be deposited in a landfill or facility. 5. Notwithstanding anything to the contrary within this article, no landfill or facility shall exceed 25 feet in height above existing grade. (17) Air curtain incinerators. a. Unless waived by the county council, landscape buffer areas meeting the requirements of section 72-284 shall be constructed. b. All incendiary operations (including the incinerator and pit), shall be located at least 200 feet from any property line. c. The county council may limit the time of day and days of the week during which the incinerator may be operated and may require such further conditions as would protect the public health, safety, morals and welfare. d. The establishment and operation of the air curtain incinerator shall be in compliance with all applicable requirements of the State of Florida and shall be permitted by the appropriate agencies of said jurisdiction. The requirements of this article shall not relieve a person from complying with the state rules, as applicable. Should the requirements of this article conflict with said state rules, the stricter requirements shall govern. (18) Solid waste transfer station. a. The facility shall not be constructed or operated without being permitted by the Florida Department of Environmental Regulation and other applicable agencies. b. Unless waived by the county council, off-street parking and unloading areas meeting the requirements of section 72-286 and landscape buffer areas meeting the requirements of section 72-284 shall be constructed. c. A fence or other effective barrier designed to prevent unauthorized entry and dumping into the transfer station shall be erected. (19) Bed and breakfast. a. Maximum number of guest rooms for bed and breakfast use in the home: Five. b. Owner must reside in the building. c. Separate cooking facilities are not permitted in the guest room. d. Each guest room shall have private toilet and shower facilities, except where the building is designated as historically significant by the county or is listed on the National Register of Historic Places, in which cases a minimum of one bathroom shall be provided exclusively for use by the guests. e. Minimum bedroom area shall be 150 square feet. (20) Hazardous waste transporter facility. May be permitted provided that the use complies with the standards and regulations adopted by the State of Florida. (21) Forestry resource subdivisions may be permitted at a density between one dwelling unit per 20 acres to one dwelling unit per ten acres, provided the following requirements are met: a. Subdivision is consistent with the comprehensive plan goals, objectives and policies, in particular, ones specifically relating to the forestry resource category. b. Lot size dependent upon character of area and environmental analysis. c. Subdivision approval in accordance with the Land Development Code [article III]. d. No buildings in wetlands. e. Consideration of environmental system corridor linkage. f. Total number of lots cannot exceed permitted density of one dwelling unit per ten acres. For subdivision purposes, the forestry resource portion of a lot can be combined with environmental system corridor/resource corridor lands to equal the approved minimum lot size. g. The area provides a transition for existing development to agriculture and silviculture areas. (22) Cluster subdivisions. May be permitted that the use complies with the criteria specified in subsection 72-304(d) of this article. (23) Communication towers. In addition to the applicable provisions of division 11, the following provisions shall govern the issuance of permitted special exceptions relating to communication towers: a. [ Granting special exception; conditions. ] In granting a special exception, the planning and land development regulation commission or county council, as the case may be, may impose conditions, including such conditions as are necessary to minimize any adverse effect of the proposed communication tower on adjoining properties. b. [ Certification. ] Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical shall be certified by a professional engineer licensed in the State of Florida. c. Information required. To ensure that communication towers are located and buffered for compatibility with the surrounding land use, each applicant requesting a special exception pursuant to this article shall submit a scaled site plan (not more than one inch = 100 feet) and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography; site specific radio frequency coverage information; communication tower height requirements; color; setbacks; location of equipment structures/cabinets; separation distance from other communication towers and specified dwellings; drives; parking; fencing; landscaping; adjacent uses; location, type and intensity of lighting and any FAA reports. In addition the applicant shall identify all public and/or private airports and helipads within four miles from the proposed communication tower. Said four statute miles shall be measured in a straight line from the proposed location of the tower to the nearest point of the airport runway or helipad. Further, the applicant shall send a notice of the time, day, place and purpose of the public hearing of the planning and land development regulation commission at least ten days prior to the date of such public hearing to the last known address of the owner, operator or licensee of said airport by reference to the latest ad valorem tax record. The owner, operator or licensee of said airport or helipad, or his duly authorized agent, shall acknowledge receipt of the notice on form provided by the zoning enforcement official. The applicant shall supply such other information deemed appropriate by the zoning enforcement official to be necessary to assess compliance with this article. d. Factors considered in the granting of special exceptions. The planning and land development regulation commission or the county council as the case may be, shall consider the following factors in determining whether to issue a special exception, although the planning and land development regulation commission or the county council as the case may be, may waive or reduce the burden of one or more of these criteria as to the applicant if the planning and land development regulation commission or the county council as the case may be, concludes that the goals of this article are better served thereby. 1. Height of the proposed communication tower; 2. Proximity of the communication tower to residential structures; 3. Nature of uses on adjacent and nearby properties; 4. Surrounding topography; 5. Surrounding tree coverage and foliage; 6. Design of the communication tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; 7. Proposed ingress and egress; 8. Safety aspects relating to the proposed communication tower; and 9. Availability of suitable existing communication towers and other structures. No new communication tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the planning and land development regulation commission or the county council as the case may be, that no existing communication tower or structure can accommodate the applicant's proposed tower. Evidence submitted to the county to demonstrate that no existing communication tower or structure can accommodate the applicant's proposed antenna shall be for any of the reasons provided as follows: i. No existing communication towers or structures are located within the geographic area required to meet applicant's engineering requirements; or ii. Existing communication towers or structures are not of sufficient height to meet applicant's engineering requirements; or iii. Existing communication towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment; or iv. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing communication towers or structures, or the antenna on the existing communication towers or structures would cause interference with the applicant's proposed antenna; or v. The applicant demonstrates that there are other limiting factors, including adverse economic reasons that render existing communication towers and structures unsuitable. e. Setbacks and separation. The following setbacks and separation requirements shall apply to all communication towers and antennas for which a special exception is required. 1. Communication towers must set back a distance equal to one-half of the height of the communication tower from the property line. 2. Communication tower anchors and guyed supports must meet the zoning classification minimum yard size requirements. 3. Except for alternative support structures, communication towers whether lattice, guyed or monopole, shall be separated as follows: TOWER TO TOWER SEPARATION REQUIREMENTS
TOWER TYPES

(Ord. No. 82-20, § XVII, 12-9-82; Ord. No. 84-1, § LXI, 3-8-84; Ord. No. 85-2, § III, 3-14-85; Ord. No. 86-16, §§ XXVIII, XXIX, 10-23-86; Ord. No. 87-14, §§ XVIII—XXI, 6-18-87; Ord. No. 88-2, §§ XVII—XIX, LXXXV, 1-19-88; Ord. No. 89-20, §§ XXXVIII—XLI, 6-20-89; Ord. No. 90-34, § 78, 9-27-90; Ord. No. 91-11, §§ XIX—XXII, 5-16-91; Ord. No. 92-6, §§ LXIV, LXV, 6-4-92; Ord. No. 94-4, §§ LXXXIII—LXXXIX, 5-5-94; Ord. No. 95-17, § IV, 6-15-95; Ord. No. 98-25, §§ XLI—XLVI, 12-17-98; Ord. No. 97-19, § IV, 8-7-97; Ord. No. 00-21, § IV, 5-18-00; Ord. No. 02-10, § III, 4-18-02; Ord. No. 2004-20, § V, 12-16-04; Ord. No. 2005-02, § V, 4-21-05; Ord. No. 2005-11, § I, 8-18-05; Ord. No. 2008-25, § II, 12-4-08; Ord. No. 2009-17, § IV, 5-21-09; Ord. No. 2012-10, § II, 6-7-12; Ord. No. 2018-05, § VII, 1-18-18; Ord. No. 2018-15, § IV, 8-21-18)