These regulations shall be officially known as the "City of Alachua Land Development Regulations," and may be referred to as the "LDRs," or "these LDRs."

1.2.1

Generally. The Alachua City Commission is authorized to adopt these LDRs in accordance with Article VIII, Section 2(b), Florida Constitution, the Community Planning Act (F.S. § 163.2511 et seq.), F.S. § 166.021, and all other relevant laws of the State of Florida.

1.2.2

Reference to Florida General Statutes and F.A.C. Whenever any provision of these LDRs refers to or cites a section of the Florida Statutes (F.S.) or the Florida Administrative Code (F.A.C.), and that section is later amended or superseded, these LDRs shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

The City Commission, for the purpose of promoting the health, safety, and general welfare of the public and implementing the City's Comprehensive Plan, authorizes that these articles (Articles 1—10) are adopted as the Land Development Regulations of the City, together with the accompanying Official Zoning Atlas of the City that is on file in the LDR Administrator's office. These LDRs are designed to:

(A)

Implement the Comprehensive Plan, and ensure that all approved development is consistent with the Comprehensive Plan;

(B)

Preserve and enhance the present advantages that exist in the City;

(C)

Encourage the most appropriate use of land, water, and natural resources, consistent with the public interest;

(D)

Overcome present handicaps, and deal effectively with future problems that may result from the use and development of land;

(E)

Facilitate the adequate and efficient provision of transportation, water, sewage, drainage, solid waste and parks;

(F)

Conserve, develop, utilize and protect natural resources;

(G)

Protect human, environmental, social and economic resources;

(H)

Maintain, through orderly growth and development, the community character and stability of present and future land uses and development in the City;

(I)

Establish comprehensive and consistent standards and procedures for the review and approval of all proposed development of land; and

(J)

Ensure that the development review, approval, and permitting processes be efficient, effective, and equitable, in terms of consistency with established regulations and procedures, respect for the rights of landowners, and consideration of the interests of the citizens of the City.

1.4.1

Generally. The provisions of these LDRs shall apply to the development of all land within the corporate limits of the City of Alachua, unless it is expressly exempted by a specific section or subsection of these LDRs.

1.4.2

Application to governmental units. Unless exempted in accordance with Subsection 1.4.5 of this section, Exemptions, or as stated herein, the provisions of these LDRs shall apply to:

(A)

City. Development of land owned or held in tenancy by the City or its agencies and departments.

(B)

County. Development of land owned or held in tenancy by Alachua County, Florida, or its agencies and departments.

(C)

School Board. To the full extent permitted by law, development of land owned or held in tenancy by the School Board of Alachua County, Florida, or its agencies and departments.

(D)

State. To the full extent permitted by law, development of land owned or held in tenancy by the State of Florida or its agencies and departments.

(E)

Federal government. To the full extent permitted by law, development of land owned or held in tenancy by the government of the United States, its agencies, departments, or corporate services.

(F)

Other public entities. To the full extent permitted by law, development of land owned or held in tenancy by any other public or quasi-public entity.

1.4.3

Appropriate permit required. No development shall occur within the corporate limits of the City without the appropriate permit for that purpose as set forth in Article 2, Administration.

1.4.4

No development until compliance with these LDRs. No development shall occur within the corporate limits of the City without full compliance with the provisions of these LDRs and all other applicable City, State, and Federal regulations.

1.4.5

Exemptions.

(A)

Acquisition of interests in land by government and construction of public infrastructure for public purpose.

(1)

The provisions of these LDRs shall not require subdivision of land in accordance with Section 2.4.10 as a result of actions taken by the City of Alachua, Alachua County, the School Board of Alachua County, or the State of Florida to acquire land or interest in land for public use, right-of-way (ROW), or easements.

(2)

The permits as set forth in Article 2, Administration, shall not be required for the following public infrastructure projects:

(a)

Road construction/reconstruction projects, water/wastewater line installations, and other similar projects, undertaken by the City of Alachua, Alachua County, or the State of Florida; or,

(b)

Any project identified in the adopted City of Alachua Long Range Transportation Plan, provided however that when the roadway improvement will be performed by an entity other than the City of Alachua, Alachua County, or State of Florida, a surety device in accordance with Section 7.4. Improvement guarantees for public improvements, or Section 6.10, Improvement guarantees for private improvements, as applicable, shall be posted with the City.

(Ord. No. 18-08, § 3(Exh. A), 4-9-2018; Ord. No. 20-08, § 3(Exh. A), 7-27-2020)

In order to accomplish the goals, objectives and policies listed within the Comprehensive Plan, these LDRs and accompanying Official Zoning Atlas are guided by, based on, related to, and a means of implementation for the Comprehensive Plan as required by the Florida Statutes. These LDRs and the Official Zoning Atlas shall be consistent with the Comprehensive Plan, and any amendments thereto shall also be consistent with the Comprehensive Plan, in accordance with State law.

State Law reference— Consistency of Land Development Code with Comprehensive Plan, F.S. §§ 163.3194(2), 163.3201.

1.6.1

Conflicts with other City regulations. If the provisions of these LDRs are inconsistent with one another or if the provisions of these LDRs conflict with provisions found in other adopted codes, ordinances, or regulations of the City, the more restrictive provision shall govern unless the terms of the provisions specify otherwise.

1.6.2

Conflicts with private agreements. If the provisions of these LDRs conflict with the provisions of private easements, covenants, or restrictions, and the provisions of these LDRs are more restrictive, the terms of these LDRs shall apply. The City shall not be responsible for monitoring or enforcing private easements, covenants, agreements, or restrictions, although the City may inquire as to whether land is subject to easements, covenants, agreements, and restrictions during the review of applications for development permit.

1.6.3

Conflicts with State or Federal law. If the provisions of these LDRs are inconsistent with the law or regulations of the State or Federal government, the more restrictive provision shall control, to the extent permitted by law.

1.6.4

Conflicts with City Charter. If the provisions of these LDRs are inconsistent with the City Charter, the more restrictive provision shall govern unless the terms of the provisions specify otherwise.

1.7.1

Official Zoning Atlas.

(A)

Generally. The land areas subject to these LDRs are divided into zone districts as set out in Article 3, Zone Districts, and as shown on the Official Zoning Atlas (or "Atlas") of the City. The Atlas shall be kept on file in the office of the LDR Administrator and shall be made available for public inspection during normal business hours. It shall be the final authority as to the status of the current zone district classification of land and water areas in the City, and shall only be amended in accordance with Section 2.4.1, Text amendments and general amendments to Official Zoning Atlas; Section 2.4.2, Site specific amendments to Official Zoning Atlas; and this subsection.

(B)

Damage, destroyed, lost. In the event the Atlas is damaged, destroyed, lost or becomes difficult to read and interpret due to the number of changes, the City Commission may by ordinance adopt a new Atlas to replace the damaged, destroyed, or lost map. (See Section 2.4.1, Text amendments and general amendments to Official Zoning Atlas.) The new Atlas shall not make any substantive changes (amendments), but may correct drafting and other clerical errors and omissions on the previous Atlas.

1.7.2

Incorporated by reference. The Official Zoning Atlas, which may consist of one or more maps, together with all explanatory material shown therein are hereby incorporated by reference and made part of these LDRs.

1.7.3

Zone district boundaries. Unless otherwise specified, zone district boundary lines are lot lines, municipal corporate limits, the centerlines of streets, alleys, highways, railroad rights-of-way, streams, canals, lakes, low water lines, or such lines extended, fixed by dimensions, or otherwise clearly shown or described. Zone district boundaries shall be interpreted by the LDR Administrator in accordance with Section 2.4.19, Interpretation by LDR Administrator.

(A)

Boundary lines dividing parcels. Where a zone district boundary divides a land parcel under a single ownership into two different districts, then the entire parcel shall be zoned for the less restrictive use by the adjustment of the boundaries, provided that the boundary adjustment is a distance of less than 100 feet.

(B)

Boundary lines and streets, highways, alleys, and railroad tracks. Where zone district boundaries are indicated as approximately following or being at right angles to the centerlines of streets, highways, alleys, or railroad main tracks, those centerlines or lines at right angles to those centerlines shall be construed to be the boundaries as they exist on the ground. In cases where variation of actual location from mapped location would change the zone district classification of land, the boundary shall be interpreted in such a manner as to avoid changing the zone district classification of such land.

(C)

Vacated streets. In case of a street vacation, the boundary shall be construed as remaining in its location except where ownership of the vacated street is divided other than at its center, in which case the boundary shall be construed as moving with the ownership.

(D)

Boundary lines and bodies of water.

(1)

Where a zone district boundary is indicated as approximately following the centerline of a river, creek, branch, canal, or other body of water, the boundary shall be construed to follow the centerline at low water, or at the limit of the jurisdiction, and in the event of change in the shoreline, the boundary shall be construed as moving with the actual shoreline, except where such move would change the zone district classification of land. In such case, the boundary shall be interpreted in a manner as to avoid changing the zone district classification of such land.

(2)

Boundaries shown as entering a body of water but not continuing to intersect with other zone district boundaries or with the limits of jurisdiction of the City shall be construed to continue in the direction in which they enter the body of water and intersect with another zone district boundary or with the limits of jurisdiction of the City.

1.7.4

Changes to Official Zoning Atlas. Changes made in zone district boundaries or other matters portrayed on the Official Zoning Atlas shall be made in accordance with the provisions of these LDRs. (See Section 2.4.1, Text amendments and general amendments to Official Zoning Atlas and Section 2.4.2, Site specific amendments to Official Zoning Atlas.) Changes shall be entered on the Atlas by the LDR Administrator promptly after the amendment has been approved by the City Commission.

1.7.5

Mapping disputes. The LDR Administrator is authorized to interpret the Official Zoning Atlas and determine where the boundaries of the different zone districts fall, if in dispute. (See Section 2.4.19, Interpretation by LDR Administrator.) Prior zoning atlases, or remaining portions thereof, shall be retained as a public record for informative purposes only.

1.7.6

Removal of land from City through contraction. If a contraction or removal of lands from the City occurs, zone district boundaries shall be changed to show these lands being removed from the Official Zoning Atlas.

1.7.7

Annexation. If lands are annexed into the City, the lands shall retain their current unincorporated zone district classification until an amendment to the Comprehensive Plan is adopted by the City. The landowner may request, or the City Commission or Planning and Zoning Board, in the City's sole discretion, may initiate a zone district classification in accordance with Section 2.4.2, Site specific amendments to Official Zoning Atlas, following adoption of the Comprehensive Plan amendment. The zone district classification shall be consistent with the Comprehensive Plan Future Land Use Map Designation. No development, redevelopment, or expansion shall be initiated until the City adopts an amendment to the Comprehensive Plan and Official Zoning Atlas for the area being annexed.

1.7.8

Transition to new zone districts. Upon adoption of these LDRs, land that is presently zoned with an existing zone district classification shall be reclassified or translated to one of the zone district classifications in these LDRs as set forth in Article 3, Zone Districts. Table 1.7-1, Transition to New Zone Districts, summarizes the translation or reclassification of the zone districts in the previous LDRs to the zone districts used in these LDRs. (For example, Table 1.7-1 shows all lands classified as RSF-2 in the previous LDRs are reclassified RSF-1 in these LDRs.)

(Ord. No. 18-08, § 3(Exh. A), 4-9-2018)

It is the legislative intent of the City Commission in adopting these LDRs that all provisions shall be liberally construed in order to implement the Comprehensive Plan and guide development in accordance with the existing and future needs of the City as established in the LDRs, and to promote the public health, safety, morals, and welfare of the landowners and residents of the City. If any section, subsection, sentence, clause or phrase of these LDRs is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of these LDRs. The City Commission hereby declares that it would have passed these LDRs and any section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

Commentary. One of the key issues of any Code update is whether and to what extent the new regulations and procedures can and should apply to pending development applications and existing uses with approved development permits.

On the one hand, to be most effective, the new procedures, development standards, and zone district regulations should apply broadly with as few exemptions or "grandfathering" as possible if the changes intended in the update are to become reality. If all pending development applications are exempt and all existing lots can be developed without regard to the proposed changes, the effectiveness of the new LDRs will be reduced. On the other hand, legal constraints regarding common law and statutory vested rights, as well as equitable and political considerations, must be taken into account. If a development application has already received significant approvals from the City, there are usually strong legal and fairness reasons to allow the development to proceed under the rules in place when those approvals were granted. Additionally in Alachua, the City must be cognizant that application of new development standards and procedures could potentially make existing uses and structures nonconforming. It is assumed that as a matter of policy, the City wants to limit the number of nonconformities created by the new LDRs.

Since the new LDRs include changes from existing practice, this set of transitional provisions is necessary to explain the rights of development approved under the previous (existing) LDRs. It incorporates the following policies:

•

Applications that are already in the development approval pipeline at the time of the adoption of the new LDRs may elect to be reviewed under the old or new regulations. If the applicant elects to be reviewed under the old regulations, the applicant must comply with all timeframes and conditions of permit approval or the approval will expire and all new development will be subject to the new LDRs.

•

Development that has received other preliminary or final approval prior to the adoption of the new LDRs (special exception permits, variance permits, exemptions, special permits, planned unit developments, site and development plans, preliminary plats, certificates of appropriateness, certificates of LDR compliance, certificates of concurrency compliance, sign permits, and move-on permits for mobile homes) may continue to be reviewed for future permits and develop under the regulations in existence at the time of their approval. However, the development approved must comply with all timeframes and conditions of permit approval or the approval will expire and all new development will be subject to the new LDRs.

•

Development that has received a final subdivision plat, minor subdivision final plat or building permit approval prior to the adoption of the new LDRs may proceed and develop, consistent with those permit approvals. However, the development must comply with all timeframes and conditions of permit approval or the approval will expire and all new development will be subject to the new LDRs.

1.9.1

Effective date. The effective date of these LDRs is February 27, 2006.

1.9.2

Violations continue. Any violation of the previous LDRs (Ordinance No. 0-93-4, as amended) of the City shall continue to be a violation under these LDRs and shall be subject to the penalties and enforcement set forth in Article 9, Enforcement and Remedies, unless the use, development or other activity complies with the express terms of these LDRs.

1.9.3

Completion of development plans commenced or approved under previous ordinances.

(A)

Completed applications.

(1)

Any complete application that has been submitted for approval, but upon which no final action has been taken by the appropriate decision-making body prior to the effective date of these LDRs, shall be reviewed and considered in accordance with either the provisions of Ordinance No. 0-93-4, or the provisions of these LDRs, at the applicant's option.

(2)

If the applicant elects to have the complete application reviewed under the provisions of Ordinance No. 0-93-4, the application shall be processed in good faith and shall comply with any timeframes for review. If the application fails to comply with the required timeframes, it shall expire and future development shall be subject to the requirements of these LDRs.

(B)

Final approval.

(1)

A development for which final approval (site-specific amendment to the Official Zoning Atlas, rezoning to a planned unit development district classification, site and development plan, special exception permit, variance permit, special permit, exemption, preliminary plat, certificate of appropriateness, certificate of LDR compliance, certificate of concurrency compliance, temporary use permit, sign permit, exemption to wellhead protection standards, or move-on permit for a mobile home) was granted prior to the effective date of these LDRs may be completed in accordance with the approved development approval or permit and any other approved permits and conditions, even if the development does not comply with one or more general development standards set forth in these LDRs.

(2)

If the development for which final approval was granted prior to the effective date of these LDRs fails to comply with any timeframes for development, the final approval shall expire and future development shall be subject to the requirements of these LDRs.

(C)

Development with previously issued building permit.

(1)

Any structure or development for which a final subdivision plat, minor subdivision final plat, or building permit was granted prior to the effective date of these LDRs may be constructed in accordance with the development approval and any other approved permits and conditions, even if the development does not comply with one or more general development standards set forth in these LDRs.

(2)

If the development for which the final subdivision plat, minor subdivision final plat, or building permit was issued prior to the effective date of these LDRs fails to comply with any timeframes for development established, the plat or building permit shall expire and future development shall be subject to the requirements of these LDRs.