2.1.1

Summary of administration and review roles.

(A)

Decision-making bodies and City staff. The following decision-making bodies and City staff have powers and responsibilities in administering and reviewing applications for development permit under these LDRs:

(1)

City Commission. City Commission.

(2)

Planning and Zoning Board (PZB). Planning and Zoning Board (PZB).

(3)

Board of Adjustment (BOA). Board of Adjustment (BOA).

(4)

City staff. City staff, including the:

(a)

LDR Administrator;

(b)

City Manager;

(c)

Public Services Director;

(d)

City Attorney;

(e)

Hearing Officer; and

(f)

Special Magistrate.

(B)

Development review structure. Table 2.1-1, Development Review Structure, summarizes the review bodies and City staff that have specific permit review roles under these LDRs, and their responsibilities.

2.1.2

City Commission.

(A)

Powers and duties. In addition to any authority granted the City Commission by general or special law or the City Charter, the Commission shall have the following powers and duties:

(1)

Amendments to LDR text. To initiate, review, and decide applications to amend the text of these LDRs (Section 2.4.1, Text amendment).

(2)

General amendments to Official Zoning Atlas. To initiate, review, and decide applications to general amendments to the Official Zoning Atlas (Section 2.4.1).

(3)

Site-specific amendments to Official Zoning Atlas (rezone). To initiate, review, and decide applications on site-specific amendments to the Official Zoning Atlas (rezone) (Section 2.4.2).

(4)

Planned development district (PD) classification. To review and decide recommendations from the PZB on PD Master Plans and amendments to the Official Zoning Atlas to a planned development (PD) district (Section 2.4.3).

(5)

Special exception permit for building greater than or equal to 80,000 square feet in area. To review and decide applications on special exception permits for a building greater than or equal to 80,000 square feet in area (Section 2.4.4(C)(2)).

(6)

Historic Overlay (HO) District classification. To initiate, review, and decide recommendations from the PZB on amendments to the Official Zoning Atlas to apply the Historic Overlay (HO) District classification (Section 2.4.5).

(7)

Subdivision variance permit. To review and decide applications on subdivision variance permits from the subdivision standards (Section 2.4.7(D)).

(8)

Site plan for building greater than or equal to 80,000 square feet in area and infrastructure plan. To review and decide applications for site plans consisting of a building greater than or equal to 80,000 square feet in area (Section 2.4.9(D)(2)(c)) and to review and decide applications for infrastructure plans (Section 2.4.9(D)(2)(d)).

(9)

Minor subdivision. To review and decide applications for minor subdivisions (Section 2.4.10(F)).

(10)

Major subdivision preliminary plat. To review and decide applications for major subdivision preliminary plats (Section 2.4.10(G)).

(11)

Major subdivision final plat. To review and decide applications for major subdivision final plats (Section 2.4.10(G)).

(12)

Appeals of LDR Administrator on major construction plans. To review and decide appeals on decisions of the LDR Administrator on major subdivision construction plans (Section 2.4.10(G)).

(13)

Appeal of PZB decisions. To review and decide appeals on decisions of the PZB on:

(a)

Special exception permits (Section 2.4.4).

(b)

Certificates of appropriateness (Section 2.4.6).

(c)

Site plans consisting of a building less than 80,000 square feet in area (Section 2.4.9(D)(2)(b)).

(14)

Special permit. To review and decide applications for special permits (Section 2.4.16).

(15)

Vested rights certificate. To review and decide applications for vested rights certificates (Section 2.4.22).

(16)

Beneficial use determination. To review and decide applications for beneficial use determinations (Section 2.4.23).

(17)

Wellfield exemption permit. To review and decide applications for wellfield exemption permits (Section 2.4.24).

(18)

Development agreements. To review requests, and, where appropriate and in its sole discretion, enter into development agreements (Section 2.5).

(19)

Schedule of fees. To approve by resolution a schedule of fees governing applications for permits and other permit approvals reviewed under these LDRs.

(20)

Other. To take any other action not delegated to the PZB, BOA, Special Magistrate, LDR Administrator, Public Services Director or City Attorney, as the City Commission may deem desirable and necessary to implement the provisions of these LDRs.

2.1.3

Planning and Zoning Board (PZB).

(A)

Designation as the local planning agency. The Planning and Zoning Board (PZB) is authorized by the City Commission as the local planning agency (LPA), and in that role shall, with the assistance of the Planning and Community Development Department:

(1)

Acquire and maintain information to understand trends and conditions. Acquire and maintain such information and materials as are necessary to gain an understanding of past trends, present conditions and forces at work to cause changes in these conditions. Such information and materials may include maps and photographs of manmade and natural physical features of the areas subject to the Comprehensive Plan, statistics on past trends and present conditions with respect to population, property values, economic base, land use and such other information as is important or likely to be important in determining the amount, direction and kind of development to be expected in the areas subject to the Comprehensive Plan.

(2)

Make recommendations to City Commission on Comprehensive Plan. Prepare, update, and recommend to the City Commission and from time to time amend the Comprehensive Plan for meeting present requirements and such future requirements as may be foreseen.

(3)

Recommend principles and policies for guiding actions. Recommend principles and policies for guiding action affecting development in the City.

(4)

Prepare and recommend land development regulations. Prepare and make recommendations to the City Commission on proposed land development regulations, land development codes, ordinances, regulations, and other proposals promoting orderly development along the lines indicated as desirable by the Comprehensive Plan.

(5)

Review developments for consistency with Comprehensive Plan. Determine whether specific proposed developments conform to the principles and requirements of the Comprehensive Plan.

(6)

Public hearings. Conduct such public hearings as may be required to gather information necessary for the drafting, establishment, and maintenance of the Comprehensive Plan and ordinances, codes, and regulations related to it and establish public committees when deemed necessary for the purpose of collecting and compiling information necessary for the plan, or for the purpose of promoting the accomplishment of the plan in whole or in part.

(7)

Special studies. Make or cause to be made any necessary special studies on the location, adequacy, and conditions of specific facilities which are subject to the Comprehensive Plan. These may include but are not limited to studies on housing, commercial and industrial conditions and facilities, recreation, public and private utilities, roads and traffic, transportation, parking and the like.

(8)

Advise City Commission. Keep the City Commission informed and advised on preceding matters.

(9)

Operate in conformity with Charter. Operate in conformity with the Charter and other ordinances of the City, unless the Charter and/or the ordinances are inconsistent with F.S. ch. 166.

(10)

Other duties. Perform such other duties as may be lawfully assigned to it, or which may have bearing on the preparation or implementation of the Comprehensive Plan.

(B)

Designation as the Historic Preservation Agency. The PZB shall serve as the City's Historic Preservation Agency to implement the policies and responsibilities related to historic presentation in the Comprehensive Plan and these LDRs.

(C)

Powers and duties. The PZB is authorized by the City Commission with the following powers and duties under these LDRs:

(1)

Special exception permits. To review and make recommendations to the City Commission on special exception permit applications for a building greater than 80,000 square feet in area, and to review and decide applications for all other special exception permit applications (Section 2.4.4).

(2)

Certificate of appropriateness. To review and decide applications for certificates of appropriateness (major review) (Section 2.4.6).

(3)

Site plan. To review and make recommendations to the City Commission on site plan applications consisting of a building greater than or equal to 80,000 square feet in area (Section 2.4.9(D)(2)(c)), and to review and decide applications for site plan applications consisting of a building less than 80,000 square feet in area (Section 2.4.9(D)(2)(b)).

(4)

Amendments to LDR text. To initiate, review, and make recommendations to the City Commission to approve or deny applications to amend the text of these LDRs (Section 2.4.1, Text amendment).

(5)

General amendments to Official Zoning Atlas. To initiate, review, and make recommendations to the City Commission to approve or deny applications to general amendments to the Official Zoning Atlas (Section 2.4.1).

(6)

Site-specific amendments to Official Zoning Atlas (rezone). To initiate, review, and make recommendations to the City Commission to approve or deny applications to for site-specific amendments to the Official Zoning Atlas (rezone) (Section 2.4.2).

(7)

Planned development. To review and make recommendations to the City Commission on PD Master Plans and amendments to the Official Zoning Atlas to a planned development (PD) district (Section 2.4.3).

(8)

Historic Overlay (HO) District classification. To initiate, review, and make recommendations to the City Commission to approve or deny amendments to the Official Zoning Atlas to apply a Historic Overlay (HO) Zone District classification (Section 2.4.5).

(9)

Subdivision variance permits. To review and make recommendations to the City Commission on subdivision variance permits (Section 2.4.7(D)).

(10)

Minor subdivisions. To review and make recommendations to the City Commission on minor subdivisions (Section 2.4.10(F)).

(11)

Major subdivision preliminary plats. To review and make recommendations to the City Commission on major subdivision preliminary plats (Section 2.4.10(G)).

(12)

Special permit. To review and make recommendations to the City Commission on special permits (Section 2.4.16).

(13)

Wellfield exemption permits. To review and make recommendations to the City Commission on wellfield exemption permits (Section 2.4.24).

(14)

Development agreements. To review and make recommendations to the City Commission on development agreements (Section 2.5).

(15)

Make special knowledge and expertise available. To make its special knowledge and expertise available upon written request and authorization of the City Commission to any official, department, board, commission or agency of the City.

(16)

Studies. To make studies of the resources, possibilities and needs of the City upon the authorization of the City Commission, and report its findings and recommendations, with reference thereto, to the City Commission.

(17)

Annual review of Capital Improvement Plan. To receive and review the capital improvement element of the Comprehensive Plan annually to ensure that the fiscal resources necessary to maintain adopted level of service standards are available.

(D)

Membership.

(1)

Number. The PZB shall consist of six members: five voting members and one nonvoting member appointed by the School Board of Alachua County.

(2)

Appointment. Each voting member shall be appointed by the City Commission.

(3)

Other office. No voting member shall hold another municipal office or be an employee of the City.

(4)

Terms of office.

(a)

Terms of office shall be three years.

(b)

A member shall continue to serve until the member is reappointed or replaced.

(5)

Resignation. Any member who resigns prior to the end of the member's term shall do so in writing to the Chair.

(6)

Removal. Any member shall be removed for more than three unexcused absences during any calendar year.

(7)

Filling of vacancy.

(a)

When a vacancy occurs due to expiration of term or removal, the City shall advertise to fill the vacancy through a public posting and in a newspaper of general circulation at least 14 days prior to the date of expiration. The City Commission shall fill the vacancy from among the applications received.

(b)

Vacancies occurring other than through expiration of a term shall be filled for the unexpired term by appointment from the City Commission.

(8)

Compensation. The members of the PZB shall serve without compensation, except that the City Commission may prescribe a per diem for attendance at meetings.

(9)

Filing of financial disclosure form. Members of the Planning and Zoning Board shall file the appropriate financial disclosure forms as required by the State of Florida.

(E)

Chair and other officers.

(1)

Generally. The PZB shall elect a Chair and Vice-Chair from among the appointed members and create and fill such other of its offices as it may determine.

(2)

Term of office. The term of office of the Chair or Vice-Chair shall be one year, and there shall be no limits placed on the number of consecutive terms as Chair or Vice-Chair.

(3)

General duties.

(a)

The Chair shall preside at all meetings of the PZB, decide all points of order on procedure, compel the attendance of witnesses, and take such action as shall be necessary to preserve the order and integrity of all proceedings before the PZB.

(b)

In the absence of the Chair, the Vice-Chair shall act as Chair and shall have all powers of the Chair. In the absence of the Chair and Vice-Chair, the most senior PZB member shall act as Chair and shall have the powers of the Chair.

(F)

Staff. The LDR Administrator shall serve as the secretary and professional staff to the PZB and provide it with administrative support.

(G)

Meetings.

(1)

Monthly meetings. The PZB shall hold at least one regular meeting in each month, if necessary.

(a)

Special meetings. In addition to its regular meetings, the PZB may meet at the call of the Chair or within 30 days after receipt of a matter to be acted upon by the PZB, or at the written request of one member submitted to the LDR Administrator for the Chair's consideration.

(b)

Quorum. No meeting of the PZB shall be called to order, nor may any business be transacted by the PZB, without a quorum consisting of three voting members being present. If at any time during a public meeting or public hearing a quorum is lost, it shall be stated in the minutes and no final action on a matter shall be taken by the PZB.

(c)

Decisions. The concurring vote of a simple majority of a quorum in attendance and voting shall be necessary to pass any motion of the PZB.

(d)

Abstention. Any PZB member with a private or personal interest in matters coming before the PZB shall declare such interest and abstain from all participation regarding that matter. No member of the PZB shall appear before the PZB as an agent or attorney representing another person.

(e)

Open to the public. All meetings of the PZB shall be open to the public.

(f)

Official record.

(i)

The PZB shall adopt rules for the transaction of business and shall keep a record of its recommendations, transactions, findings, and determinations.

(ii)

Such record shall be a public record, and shall be maintained in the office of the LDR Administrator.

(g)

Disbursement of funds. Funds may be appropriated by the City Commission in connection with the work of the PZB as determined necessary by the City Commission.

(H)

Rules. The PZB shall establish written rules for its operation in accordance with these LDRs and any applicable State laws, which shall be made available to the public.

(I)

Assistance to PZB. All employees of the City and public officials shall, upon written request, furnish to the PZB, within a reasonable time, such available information as it may require for its work.

(J)

Right of entry. The PZB and its members, officers and staff, in the performance of their functions, may enter upon any land for which an application for development permit is being considered, and make examinations and surveys and place and maintain necessary monuments and marks thereon, as allowed under relevant public meeting laws outlined in the Florida Statutes.

2.1.4

Board of Adjustment (BOA).

(A)

Powers and duties. The BOA is authorized by the City Commission with the following powers and duties under these LDRs:

(1)

Zoning variance permit. To review and decide applications for zoning variance permits from dimensional and design standards (Section 2.4.7(C)).

(2)

Appeals. To hear and decide appeals on:

(a)

Administrative adjustments (Section 2.4.8).

(b)

Sign permits (Section 2.4.11).

(c)

Temporary use permits (Section 2.4.12).

(d)

Special event permits (Section 2.4.13).

(e)

Certificates of concurrency compliance (Section 2.4.14).

(f)

Certificates of LDR compliance (Section 2.4.15).

(g)

Tree removal permits (Section 2.4.17).

(h)

Mobile home move-on permits (Section 2.4.18).

(i)

Interpretations of the LDR Administrator (Section 2.4.20).

(B)

Membership. The BOA shall consist of the five members of the City Commission.

(C)

Chair and other officers.

(1)

Generally. The Chair of the BOA is the Mayor. The Vice-Chair of the BOA is the Vice-Mayor.

(2)

General duties.

(a)

The Chair shall preside at all meetings of the BOA, decide all points of order on procedure, compel the attendance of witnesses, and take such action as shall be necessary to preserve the order and integrity of all proceedings before the BOA.

(b)

In the absence of the Chair, the Vice-Chair shall act as Chair and shall have all powers of the Chair. In the absence of the Chair and Vice-Chair, the most senior BOA member shall act as Chair and shall have the powers of the Chair.

(D)

Staff. The LDR Administrator shall serve as the secretary and professional staff to the BOA and provide it with administrative support.

(E)

Meetings.

(1)

Monthly meetings. The BOA shall hold meetings as necessary, in conjunction with City Commission meetings.

(a)

Special meetings. In addition to its regular meetings, the BOA may meet at the call of the Chair or within 30 days after receipt of a matter to be acted upon by the BOA.

(b)

Quorum. No meeting of the BOA shall be called to order, nor may any business be transacted by the BOA, without a quorum consisting of three members being present. If at any time during a public hearing a quorum is lost, it shall be stated in the minutes and no final action on a matter shall be taken by the BOA.

(c)

Decisions. The concurring vote of a simple majority of the members in attendance and voting shall be necessary to pass any motion of the BOA.

(d)

Abstention. Any BOA member with a private or personal interest in matters coming before the BOA shall declare such interest and abstain from all participation regarding that matter. No member of the BOA shall appear before the BOA as an agent or attorney representing another person.

(e)

Open to the public. All meetings of the BOA shall be open to the public.

(f)

Official record.

(i)

The BOA shall adopt rules for the transaction of business and shall keep a record of its recommendations, transactions, findings, and determinations.

(ii)

Such record shall be a public record, and shall be maintained in the office of the City Clerk.

(F)

Rules. The BOA shall establish written rules for its operation in accordance with these LDRs and any applicable State laws, which shall be made available to the public.

2.1.5

Reserved.

2.1.6

City staff.

(A)

Land Development Regulation (LDR) Administrator.

(1)

Generally. The LDR Administrator is the City Manager or designee, and shall be the City official responsible for administering the provisions of these LDRs.

(2)

Powers and duties. In addition to the jurisdiction, authority and duties that may be conferred upon the LDR Administrator by other provisions of the City Code and general or special law, the LDR Administrator shall have the following jurisdiction, powers and duties under these LDRs:

(a)

To supervise, review and decide applications for:

(i)

Certificates of appropriateness (minor review) (Section 2.4.6).

(ii)

Administrative adjustments (Section 2.4.8).

(iii)

Minor site plans (Section 2.4.9(D)(2)(a)).

(iv)

Major subdivision construction plans (Section 2.4.10(G)).

(v)

Sign permits (Section 2.4.11).

(vi)

Temporary use permits (Section 2.4.12).

(vii)

Special event permits (Section 2.4.13).

(viii)

Certificates of concurrency compliance (Section 2.4.14).

(ix)

Certificates of LDR compliance (Section 2.4.15).

(x)

Tree removal permits (Section 2.4.17).

(xi)

Mobile home move-on permits (Section 2.4.18).

(b)

To render interpretations of these LDRs and the Official Zoning Atlas (Section 2.4.19).

(c)

To establish application content requirements and a submission schedule for review of applications and appeals (Section 2.2.2).

(d)

To compile and maintain an Administrative Manual (Section 2.2.2) and a Technical Design and Development Standards Manual.

(e)

To review and make recommendations through a staff report to the City Commission, PZB and BOA on applications for development permits and permit approvals, where appropriate, and take any other action necessary to administer the provisions of these LDRs (Section 2.2.7).

(f)

To maintain the Official Zoning Atlas and other such records and official materials that relate to the adoption, amendment, enforcement, or administration of these LDRs.

(g)

To track public facility capacity and prepare reports on development activity as part of a concurrency management system (Section 2.4.14).

(h)

To assist the Special Magistrate in enforcing these LDRs in accordance with Article 9, Enforcement and Remedies.

(i)

To provide expertise and technical assistance to the City Commission, PZB, BOA and Special Magistrate upon request.

(B)

Public Services Director. In addition to the authority and duties that may be conferred on the Public Services Director by general law and the City Code of Ordinances, the Public Services Director shall be responsible for reviewing compliance with the standards in Section 7.3, Required improvements.

(C)

City Attorney. In addition to the authority and duties that may be conferred upon the City Attorney by general law and the Code of Ordinances, the City Attorney shall have the following powers and duties under these LDRs:

(1)

Generally. To review and approve as to form all written findings of fact, conclusions of law, permits, permit approvals, ordinances, and other documents drafted by the City departments, City Commission, PZB, BOA and LDR Administrator in connection with any requirement of these LDRs.

(2)

Agreements, easements, performance agreements. To review as to form all agreements, planned development terms and conditions, easements, declarations of covenants, letters of credit, performance bonds or such other documentation in connection with any requirement of these LDRs.

(3)

Enforcement. To assist the LDR Administrator in the enforcement of these LDRs in accordance with Article 9, Enforcement and Remedies.

(4)

Counsel. To counsel the City Commission, PZB, BOA, LDR Administrator, and City departments in regard to the legal issues that may arise in the review of applications for permits and permit approval and the general implementation of these LDRs.

(D)

Hearing officer.

(1)

Creation and appointment. The City Commission may designate and confirm one or more hearing officers to hear and consider such matters as may be required to be conducted by a hearing officer under any provision of these LDRs, or as may be determined to be appropriate. The hearing officers shall serve at the pleasure of the City Commission for such period as is determined by the City Commission. The hearing officers shall be compensated at a rate to be determined by the City Commission. Whoever shall accept an appointment as a hearing officer shall, for a period of one year from the date of termination as holder of such position, not act as agent or attorney in any proceeding, application, or any matter before any decision-making or advisory body of the City in any matter involving land that was the subject of a proceeding which was pending during the time served as a hearing officer.

(2)

Minimum qualifications. A hearing officer shall have the following minimum qualifications:

(a)

Demonstrated knowledge of administrative, zoning, and land use law and practice.

(b)

Hold no appointive or elective public office or position in the City during the period of appointment.

(3)

Powers and duties. A hearing officer shall have the following duties:

(a)

To review and make recommendations to the City Commission on applications for beneficial use determinations (Section 2.4.22).

(b)

To compel the attendance of witnesses and production of documents, and to administer oaths to witnesses appearing at hearings.

(c)

To perform other such tasks as the City Commission may assign.

(Ord. No. 06-31, § 14, 12-18-2006; Ord. No. 09-30, § 3, 9-28-2009; Ord. No. 13-01, § 3, 12-10-2012; Ord. No. 19-22, § 3(Exh. A), 3-25-2019; Ord. No. 20-08, § 3(Exh. A), 7-27-2020; Ord. No. 25-05 meeting, § 3, 9-8-2025)

2.2.1

Authority to file applications.

(A)

Generally. Applications submitted under the LDRs in accordance with Subsection 2.2.5 of this section, Application submission, shall be submitted by the landowner, or any other person having a recognized interest in the land upon which the development is proposed, or their authorized agent.

(B)

Applicant not the owner. If the applicant is not the owner of the land, or is a contract purchaser of the land, an affidavit signed by the owner consenting to the submission of the application shall be submitted. If the applicant is a tenant, the applicant shall also include the lease or rental agreement in addition to the owner affidavit.

(C)

Applicant is not the sole owner. If the applicant is not the sole owner of the land, an affidavit signed by the other owners or an entity representing the owners consenting to or joining in the application shall be submitted.

2.2.2

Application contents, submission schedule and fees.

(A)

Establishment of application contents. The LDR Administrator is authorized and shall establish the requirements for application contents and forms. The LDR Administrator may amend and update these requirements, as determined necessary.

(B)

Establishment of submission schedule. The LDR Administrator is authorized and shall establish the submission and review schedule (including timeframes for review) for applications for development permit. The LDR Administrator may amend and update these requirements, as determined necessary.

(C)

Fees.

(1)

The City Commission shall establish application fees and may amend and update those fees, as determined necessary.

(2)

No application shall be processed until the established fee has been paid.

(3)

Application fees, or portions thereof, are not refundable except where the LDR Administrator determines that an application was accepted in error, the fee paid exceeded the amount due, the application is withdrawn prior to notification of a public hearing (if required), or if the decision-making body or City staff determines the application has been submitted in good faith, but circumstances beyond the applicant's control result in a need to withdraw the application. In no instance shall an application fee, or any portion thereof, be refunded for any costs incurred by the City and directly related to the review of the application, which may include, but is not limited to, review by City Staff or consulting professionals.

2.2.3

Preapplication conference.

(A)

Purpose. The purpose of a preapplication conference is to familiarize the applicant and the City staff with the applicable provisions of these LDRs required to permit proposed development, and to inform the applicant about the preparation of the application and the application process.

(B)

Preapplication conference mandatory. A preapplication conference is mandatory prior to submission of any application for:

(1)

Site-specific amendments to the Official Zoning Atlas (rezoning) (Section 2.4.2);

(2)

Text amendments to the LDRs (Section 2.4.1);

(3)

Planned developments (Section 2.4.3);

(4)

Historic Overlay District classification (Section 2.4.5);

(5)

Site plans and infrastructure plans (Sections 2.4.9(D)(2)(b), (c), and (d));

(6)

Special permits for land and/or water filling, or dredging (Section 2.4.16);

(7)

Minor subdivisions (Section 2.4.10(F));

(8)

Major subdivision preliminary plats (Section 2.4.10(G));

(9)

Special exceptions (Section 2.4.4);

(10)

Vested rights certificate (Section 2.4.22);

(11)

Beneficial use determination (Section 2.4.23);

(12)

Wellfield exemption permit (Section 2.4.24); and

(13)

Development agreements (Section 2.5).

(C)

Preapplication conference optional. A preapplication conference is optional prior to submission of any other application for development permit.

(D)

Initiation. An applicant proposing to submit an application for development permit for which a preapplication conference is mandatory shall request in writing such preapplication conference from the LDR Administrator prior to submission of the application. Application for the development permits that require preapplication conferences shall not be complete (Subsection 2.2.6 of this section, Determination of completeness) until after a required preapplication conference is conducted.

(E)

Required information. Applicants for required preapplication conferences shall provide a written description of the proposal to the LDR Administrator at least three business days in advance of the conference. The written description shall include, at a minimum, a description of the character, location, and magnitude of the proposed development, a concept or sketch plan (if applicable), information regarding the status of public facilities proposed to serve the development, basic environmental information, and any other information determined to be appropriate by the LDR Administrator.

(F)

Effect. The preapplication conference is intended as one means of facilitating review of application for development permit. Discussions held in accordance with this Subsection 2.2.3 are not binding on the City. Processing times for review of applications do not begin until a formal, complete application is submitted and determined to be complete.

(G)

Preapplication conference to be held prior to neighborhood meeting. When a preapplication conference and a neighborhood meeting are both required for an application, the preapplication conference shall be held before the neighborhood meeting for the application.

2.2.4

Neighborhood meetings.

(A)

Generally. The purpose of the neighborhood meeting is to educate occupants and owners of nearby lands about the proposed development and application, receive comments, address concerns about the development proposal, and resolve conflicts and outstanding issues, where possible.

(B)

Favored practice. Neighborhood meetings are encouraged as opportunities for informal communication between owners and occupants of nearby lands, applicants and other residents who may be affected by development proposals.

(C)

Applicability. Neighborhood meetings are mandatory for site-specific amendments to the Official Zoning Atlas (Section 2.4.2), planned developments (Section 2.4.3), special exception permits (Section 2.4.4), site plans (Section 2.4.9) and major subdivision preliminary plats (Section 2.4.10(G)(3)). Neighborhood meetings are optional for any other applications under these LDRs.

(D)

Procedure. If a neighborhood meeting is held by the applicant, it shall generally comply with the following procedures:

(1)

Time and place. The neighborhood meeting shall be held at a place that is generally accessible to neighbors that reside in close proximity to the land subject to the application. It shall be scheduled after 5:00 p.m. on a weekday or at any time on a weekend day. The City Manager may grant a waiver from the requirement to hold the neighborhood meeting after 5:00 p.m. on a weekday if the applicant demonstrates, in writing, that a particular hardship or undue burden exists that prevents them from holding the neighborhood meeting after 5:00 p.m. on a weekday.

(2)

Notification. The applicant shall provide notification of the neighborhood meeting a minimum of ten business days in advance of the meeting by placing notice in a newspaper of general circulation and by mailing notice to all owners and occupants within 400 feet of the land subject to the application, and to any organizations or persons who have registered to receive notification of applications for development permit in accordance with Subsection 2.2.9(G) of this section, Registration, to receive notice by mail. The list of owners within 400 feet of the affected property shall be obtained by the applicant from the most recent version of the property owners of record provided by the Alachua County Property Appraiser. The City of Alachua, in care of the City Manager, shall be added to the notification mailing list for all neighborhood meetings. The notification shall state the time and place of the meeting.

(3)

Conduct of meetings. At the neighborhood meeting, the applicant shall explain the development proposal and application, inform attendees of the character and nature of the process for review, and respond to comments and questions neighbors may have about the application and propose ways to resolve conflicts.

(4)

Staff attendance. City staff may attend the neighborhood meeting for the purpose of advising the attendees regarding applicable provisions of these LDRs, but shall not serve as facilitators or become involved in negotiations at the neighborhood meeting.

(5)

Written summary of neighborhood record of meeting. The applicant shall provide the LDR Administrator a written summary of the neighborhood meeting. The written summary shall include a list of those in attendance, a summary of the issues related to the development proposal discussed, comments by those in attendance about the development proposal, and any other information the applicant deems appropriate. The written summary of the neighborhood meeting shall be included with the application materials, and be made available to the public for inspection.

(6)

Response to summary. Any party in attendance at the neighborhood meeting may submit an additional written summary indicating their understanding of the issues related to the development proposal discussed, comments by those in attendance about the development proposal, and any other information they deem appropriate. This written summary may include a response to the applicant's written summary of the neighborhood meeting. The written summary shall be included with the application materials, and be made available for public inspection.

2.2.5

Application submission. Applications shall be submitted to the LDR Administrator in accordance with the application submittal schedule (Subsection 2.2.2(B) of this section), in the form established by the LDR Administrator (Subsection 2.2.2(B) of this section), along with a fee established in accordance with Subsection 2.2.2(C) of this section, Fees. Applications not meeting the requirements of Subsection 2.2.6 of this section, Determination of completeness, shall be considered incomplete.

2.2.6

Determination of completeness.

(A)

Completeness review. Upon receipt of an application, the LDR Administrator shall determine if the application is complete. A complete application is one that:

(1)

Contains all necessary information and materials. Contains all information and materials established by the LDR Administrator as required for submittal of the particular type of application (Subsection 2.2.2(B) of this section).

(2)

In proper form. Is in the form established by the LDR Administrator as required for submittal of the particular type of application (Subsection 2.2.2(B) of this section).

(3)

In sufficient detail. Includes information in sufficient detail to evaluate the application to determine whether it complies with the appropriate substantive standards of these LDRs. (Information that is incorrect does not automatically render an application incomplete, provided that the error is minor in nature and can be corrected by the applicant within five working days of notification about the error by the LDR Administrator.)

(4)

Accompanied by proper fee. Is accompanied by the fee established for the particular type of application in accordance with Subsection 2.2.2(C) of this section, Fees.

(B)

Application incomplete.

(1)

If it is determined the application is incomplete, the LDR Administrator shall send written notice to the applicant of the deficiencies within five business days after submittal, and the application shall not be processed. (The day of submittal of the application shall not be counted.) The applicant may correct the deficiencies and resubmit the application for completeness determination. The timeframe and cycle for review shall be based upon the date the application is determined to be complete.

(2)

If the applicant fails to respond to the identified deficiencies within 45 calendar days, the application shall be considered withdrawn.

(C)

Application complete. When the application is determined complete, it shall be reviewed in accordance with the procedures and standards of this section.

2.2.7

Preparation of staff report.

(A)

Application subject to public hearing or to be reviewed by review body. When an application is subject to a public hearing (see Table 2.2-1, Required Public Hearings) or will be considered by a decision-making or review body after it is determined complete, the LDR Administrator shall refer the application to the appropriate staff, outside expert consultants, and any other appropriate review agencies for comment, review the application, communicate with the applicant regarding any questions, and prepare a written staff report. The staff report shall be provided to the applicant and made available to the public a reasonable period of time before the first scheduled public hearing on the application. The staff report shall be addressed to the decision-making or review body and shall state whether the application complies with all appropriate standards of these LDRs. The staff report shall include a staff recommendation. Conditions for approval may also be recommended to eliminate any areas of noncompliance or to mitigate any adverse effects of the applications for development permit.

(B)

Application reviewed by LDR Administrator. When an application for a development permit is not subject to a public hearing but is reviewed administratively by the LDR Administrator, preparation of a staff report shall be optional at the discretion of the LDR Administrator. If the LDR Administrator determines that a staff report is necessary, it shall be done in accordance with Subsection 2.2.7(A) of this section, except that it shall be addressed and provided to the applicant.

(C)

Contents of staff report. At a minimum, the staff report shall contain the following information:

(1)

Findings of fact;

(2)

Conclusions of law, including a finding of compliance or noncompliance with the Comprehensive Plan;

(3)

Application of the facts to the relevant review standards, including concurrency management;

(4)

Staff's recommendation for approval, approval with conditions, or denial of the application; and

(5)

Bases for staff's recommendation, including relevant citations of the comprehensive plan goals, objectives and policies and these LDRs.

2.2.8

Scheduling public hearings.

(A)

Application to be scheduled for meeting. When an application is subject to a public hearing (see Table 2.2-1, Required Public Hearings), the LDR Administrator shall ensure that the public hearing on the application is scheduled for a regularly scheduled meeting or a meeting specially called for that purpose by the decision-making or review body reviewing the application.

(B)

Timing. The public hearing on the application shall be scheduled so there is sufficient time for a staff report to be prepared and for the public notification (Subsection 2.2.9 of this section, Public notification) requirements to be satisfied.

(C)

Public hearings. A public hearing shall be conducted by the appropriate decision-making or review bodies for applications for development permit as depicted in Table 2.2-1, Required Public Hearings, and in accordance with Section 2.3, Public hearing procedures.

2.2.9

Public notification. All applications for development approval requiring public hearings shall comply with the Florida Statutes, Table 2.2-2, Timing of Required Notice, and the other provisions of this section with regard to public notification.

(A)

Content. All notices for public hearings, unless expressly noted otherwise, whether done by mail (written notice), publication, or posting shall:

(1)

Application and applicant. Identify the application and the name of the applicant or the applicant's agent (except posted notice).

(2)

Time and place of public hearing. Indicate the date, time, and place of the public hearing (except posted notice).

(3)

Location. Describe the land involved by street address or by tax parcel number and nearest cross street, and area (size) (except posted notice).

(4)

Current zoning. Identify the current zone district classification of the land subject to the application.

(5)

Describe nature and scope of application. Describe the nature, scope, and type of the application or proposal being advertised. In addition, for an application for development agreement, identify the proposed uses and proposed densities and intensities of the land that would be subject to the development agreement.

(6)

Describe materials available for public instruction. Describe where the application, the staff report, and any related materials may be inspected by the public, and state that these materials are available for public inspection during normal business hours.

(7)

Submission of written materials prior to public hearing. Include a statement describing where affected parties and the public may submit written comments or evidence prior to the public hearing.

(8)

Notify affected parties where they may be heard. Include a statement informing affected parties that they may appear at the public hearing, be heard, and submit evidence and written comments with respect to the application.

(9)

Notify public that they may be heard. Include a statement stating that the general public may appear at the public hearing, be heard, and submit evidence and written comments with respect to the application.

(B)

Written (mailed) notice. When the provisions of these LDRs require that written or mailed notice be provided (Subsection 2.2.9(E) of this section), Required notice and timing), the LDR Administrator shall be responsible for preparing and mailing the written notice. Notice shall be mailed to:

(1)

All owners of land subject to an application. All owners of the land subject to an application for development permit whose address is known by reference to the latest ad valorem tax records at the time the application is determined complete.

(2)

All owners of land within 400 feet of land subject to an application. All owners of land within 400 feet of the land subject to the application whose address is known by reference to the latest ad valorem tax records at the time the application is determined complete. Prior to the scheduling of public hearings for an application, the City Commission may extend the distance of the mailed notice requirements, based upon staff' recommendation that an application has Citywide, Countywide or regional impacts.

(3)

Organizations and persons. Organizations and persons that have registered to receive notice in accordance with Subsection 2.2.9(G) of this section, Registration to receive notice by mail. Notice shall be deemed mailed by its deposit in the United States mail, first class, properly addressed, postage paid. The LDR Administrator shall prepare an affidavit with a certified list of landowners to whom notice was mailed based upon the ad valorem tax records and registrants (Subsection 2.2.9(G) of this section), with affirmance that notice meeting the content requirements of Subsection 2.2.9(A) of this section, Content, was mailed. The affidavit shall be conclusive that notice has been given in accordance with the terms of this subsection. A copy of the mailed notice shall be maintained in the office of the LDR Administrator for public inspection during normal business hours. The affidavit shall be included as an appendix to the staff report.

(C)

Published notice. When the provisions of these LDRs require notice be published (Subsection 2.2.9(E) of this section, Required notice and timing), the LDR Administrator shall be responsible for preparing the content of the notice and publishing the notice in a newspaper of general circulation. The content and form of the published notice shall be consistent with the requirements of Florida law (F.S. § 166.041, as amended). The LDR Administrator shall prepare an affidavit certifying that published notice has occurred in accordance with the requirements of this subsection. The affidavit shall be included as an appendix to the staff report.

(D)

Posted notice. When the provisions of these LDRs require that notice be posted on the land subject to the application (Subsection 2.2.9(E) of this section, Required notice and timing), the applicant shall:

(1)

Post a notice on weatherproof signs in a form established by the LDR Administrator; and

(2)

Place the signs on land that is the subject of the application, along each street which is adjacent to or runs through the land in a manner that makes them clearly visible. Signs shall be posted at intervals of not more than 400 feet when the land subject to the application has less than 1,500 feet of road frontage. When the land subject to the application has 1,500 feet or more of road frontage, signs shall be posted at intervals of not more than 1,320 feet.

The signs shall be set back no more than 25 feet from the public street so that the lettering is visible from the street. Where the land does not have frontage on a public street, signs shall be erected on the nearest public street with an attached notation indicating generally the direction and distance to the land subject to the application. The applicant shall sign and provide to the LDR Administrator an affidavit stating that posted notice has been provided in accordance with the requirements of this subsection, and that the contents of the posted notice comply with the content requirements of Subsection 2.2.9(A) of this section, Content. The affidavit shall be conclusive that notice has been given in accordance with the terms of this subsection. The affidavit shall be included as an appendix to the staff report. The signs shall be inspected by the LDR Administrator subsequent to posting. The applicant shall be responsible for ensuring that the posted notice is maintained on the land subject to the application until the completion of the final public hearing on the application. The signs shall be removed by the applicant within ten days after the final decision on the application.

(E)

Required notice and timing. Unless otherwise expressly provided in State statutes or these LDRs, notice shall be provided in accordance with the following Table 2.2-2, Timing of Required Notice:

(F)

Notice requirements for continued hearings. In the event that a required public hearing is opened and subsequently continued to a date certain by a review or decision-making body, additional public notice is not required unless a period of six weeks (42 calendar days) or more elapses between hearing dates.

(G)

Registration to receive notice by mail. Biannually, any person, neighborhood organization, or other organization in the City may register with the LDR Administrator to receive written notice of all applications in accordance with Subsection 2.2.9(B) of this section, Written (mailed) notice. To be eligible for registration, the applicant shall provide the LDR Administrator information in the form required by the LDR Administrator to ensure notification can be made to the organization, along with a fee to defray the costs.

2.2.10

Deferral of application.

(A)

Request prior to publication of notice. An applicant may request that a review or decision-making bodies' consideration of an application at public hearing be deferred by submitting a written request for deferral to the LDR Administrator prior to the publication of notice for the public hearing (Subsection 2.2.9(C) of this section, Published notice). The LDR Administrator may grant such requests for good cause. The date of the public hearing at which the application will be heard shall be set at the time the deferral is granted.

(B)

Request after publication of notice. If a request for deferral of consideration of an application by a review or decision-making body is submitted subsequent to publication of notice, the request for deferral shall be placed on the public hearing agenda and acted upon by the review or decision-making body. The review or decision-making body may grant such requests for good cause. The date of the public hearing at which the application will be heard shall be set at the time the deferral is granted. If a deferral is granted, the application may be subject to additional application fees to defray the costs of processing the application, and, any notice requirements.

2.2.11

Changes to application after notice of public hearing. After notice of public hearing has occurred, changes to an application (including changes to an application at the public hearing) not made solely to satisfy staff or review body recommendations or conditions shall be governed by the provisions of this section.

(A)

Major changes. No substantive changes may be made in major elements of the development proposal relating to uses, densities, intensities and/or access, without referral of the application as amended back to the City staff for evaluation and preparation of a staff report, in accordance with Subsection 2.2.7 of this section, Preparation of staff report, and to any other relevant review or decision-making bodies in the same manner as is required for the original submittal of the application.

(B)

Conditions and development standards. Proposed changes in conditions and development standards may be considered without referral back to staff or other relevant review bodies, provided the changes do not constitute a major substantive change in the proposal in the determination of the body with decision-making authority over the application.

2.2.12

Withdrawal of application.

(A)

Submission of request. Any request for withdrawal of an application subject to a public hearing shall be submitted in writing to the LDR Administrator, or shall be made through a verbal request at a public hearing.

(B)

Prior to notice of public hearing. The LDR Administrator shall approve a request for withdrawal of an application, if it has been submitted prior to public notification on the application in accordance with Subsection 2.2.9 of this section, Public notification.

(C)

Subsequent to notice of public hearing. If the request for withdrawal of an application is submitted subsequent to public notification (Subsection 2.2.9 of this section, Public notification), the request for withdrawal shall be placed on the public hearing agenda and acted upon by the review or decision-making body.

(D)

Administrative withdrawal of applications. During staff review, the applicant shall be notified of any deficiencies and given adequate time to respond. If the applicant fails to respond to the noted deficiencies within 180 days of date of notification by staff, the application shall be considered withdrawn. Upon a showing of good cause, the Land Development Regulations Administrator may extend the deadline for response for an additional 45 days.

(E)

Fees. Fees shall be refunded for withdrawn applications only in accordance with Subsection 2.2.2(C) of this section, Fees.

2.2.13

Review by LDR Administrator. When an application for development permit is not subject to a public hearing, but is reviewed by the LDR Administrator, it shall be reviewed in accordance with the following procedures:

(A)

Staff report. Preparation of a staff report is optional, at the discretion of the LDR Administrator, and shall be governed by Subsection 2.2.7(B) of this section, Application reviewed by LDR Administrator.

(B)

Review. After the application is determined complete (Subsection 2.2.6 of this section, Determination of completeness), the LDR Administrator shall review the application and approve, approve with conditions, or deny the application, based on the appropriate review standards for the particular development permit.

2.2.14

Conditions of approval.

(A)

Generally. When a decision-making body or the LDR Administrator may, according to the express terms of these LDRs, approve a permit or development approval with conditions, such body or LDR Administrator may impose restrictions and conditions on the approval. The conditions may, as appropriate, ensure compliance with the goals, objectives, and policies of the Comprehensive Plan or with particular standards of these LDRs, to prevent or minimize adverse effects from the proposed development on surrounding lands.

(B)

Limitations. The restrictions and conditions imposed must be related in both type and amount to the impact that the proposed development would have on the public and surrounding development. All conditions imposed shall be expressly set forth in the development permit approval.

2.2.15

Lapse of approval (expiration).

(A)

Generally. Lapse of approval (also referred to as "expiration") shall occur as provided by these LDRs for the various types of development permits. If no provision for lapse is given by these LDRs for a particular type of development permit, and if no lapse period is imposed as part of an approval by the decision-making body, lapse shall occur if development is not commenced or a subsequent development permit is not obtained within one year.

(B)

Extension. Upon written application submitted at least 30 days prior to the expiration of the development permit period by the applicant, and upon a showing of good cause, the decision-making body or LDR Administrator, as applicable to the original application approval, may grant one extension not to exceed six months; provided however, that if a different time frame is otherwise established within these LDRs for a specific development permit, such timeframe for the specific development permit shall apply. The development permit approval shall be deemed extended until the decision-making body or LDR Administrator has acted upon the request for extension. Failure to submit an application for an extension within the time limits established in the development permit, appeal, or by this section shall result in the lapse of approval.

2.2.16

Waiver of time limit.

(A)

Generally. Whenever any application for a development permit requiring a public hearing is denied, an application for all or a part of the same land shall not be considered for a period of one year after the date of denial unless a waiver of time limit is subsequently approved by the decision-making body in accordance with the requirements of this section. Only one request for waiver of time limit may be submitted by the applicant during the one-year period.

(B)

Waiver of time limit initiation.

(1)

Owner or authorized agent. Only the owner of land or the owner's authorized agent may submit a request for waiver of time limit.

(2)

Initiation. A request may be initiated by the owner or the owner's authorized agent by submitting a request for waiver of time limit to the LDR Administrator, along with a fee to defray the cost of processing the request.

(C)

Action. At the meeting for which the request for waiver of time limit is scheduled, the decision-making body shall consider the request, other relevant support materials, information provided by the applicant, the applicant's representative, and the public, and approve or deny the request based on the standards in Subsection 2.2.16(D) of this section, Waiver of time limit standards.

(D)

Waiver of time limits standards. The waiver of time limit shall be approved only upon a finding by simple majority or more of the membership of the decision-making body that substantial evidence is presented that demonstrates:

(1)

Substantial change in circumstances. There is a substantial change in circumstances relevant to the issues and/or facts considered during review of the application that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed in the application;

(2)

New or additional information. New or additional information is available that was not available at the time of the review that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed;

(3)

New application materially different. A new application is proposed to be submitted that is materially different from the prior application; or

(4)

Material mistake of fact. The final decision on the application was based on a material mistake of fact.

2.2.17

Simultaneous processing of applications. Whenever two or more forms of review and approval are required under these LDRs, the applications for those permits or approvals may, at the option of the LDR Administrator, be processed simultaneously, so long as all applicable State and local requirements are satisfied. Site plans, infrastructure plans, and major or minor subdivision plats shall not be processed concurrently with applications for text amendments (Section 2.4.1) or site-specific amendments to the Official Zoning Atlas (Section 2.4.2) except for residential and traditional neighborhood or planned developments (Section 2.4.3) (PD-R and PD-TND zoning districts).

2.2.18

Relationship to the Comprehensive Plan. If the approval of an application for development permit requires prior amendment of the Comprehensive Plan, action on the amendment to the City's Comprehensive Plan shall be taken prior to action on the application for development permit requiring the amendment. This provision shall not prohibit the concurrent review of the application and consideration of a Comprehensive Plan amendment.

2.2.19

Notification of decision. Within 30 days after a decision on an application for development permit, the LDR Administrator shall notify the applicant of the decision by mail. Within 30 days after the decision, a copy of the decision shall also be made available to the public at the offices of the LDR Administrator, during normal business hours.

2.2.20

Examination and copying of application. At any time upon reasonable request and during normal business hours, any person may examine an application, the staff report, and materials submitted in support or opposition to an application for development permit on file in the office of the LDR Administrator. Copies of such material shall be made available at a reasonable cost.

(Ord. No. 09-30, § 3, 9-28-2009; Ord. No. 14-08, § 3(Exh. A), 9-8-2014; Ord. No. 18-08, § 3(Exh. A), 4-9-2018; Ord. No. 20-08, § 3(Exh. A), 7-27-2020; Ord. No. 25-03 meeting, § 3(Exh. A), 1-13-2025)

2.3.1

Quasi-judicial public hearings. All quasi-judicial hearings on applications for development approvals (Table 2.2-1, Required Public Hearings) shall comply with the procedures set forth in this subsection.

(A)

Testimony and evidence.

(1)

Information, witnesses, evidence or questions. Any member of the review or decision-making body may request information, call witnesses, submit evidence, or ask questions of any person that testifies during the hearing.

(2)

Opportunity to present testimony and evidence. Any affected party shall be afforded a reasonable opportunity to present testimony and evidence in support of or in opposition to the application, and to ask questions of the applicant and the applicant's representatives and City staff and City staff's representatives. At the discretion of the Chair of the review or decision-making body, an affected party may be granted an opportunity to ask questions of any other member of the public who has testified at the hearing.

(3)

Not bound by rules of evidence. The decision-making body is not bound by the rules of evidence, or limited to consideration of evidence that is admissible in a court of law in a quasi-judicial hearing. The body may consider all testimony and evidence it deems relevant, material and competent to the application under consideration. The Chair of the body may exclude testimony or evidence that is determined irrelevant, immaterial, incompetent, unreliable or unduly repetitious.

(B)

Burden of proof. The burden of demonstrating that an application complies with applicable review and approval standards of these LDRs is on the applicant, which shall be demonstrated by competent substantial evidence. The burden is not on the City or other parties to show that the standards have not been met by the applicant.

(C)

Establishment and maintenance of record. The office of the City Clerk shall keep and maintain the record of all quasi-judicial hearings, which shall consist of:

(1)

The application for development permit under consideration (Section 2.2.5);

(2)

The staff report (Section 2.2.7);

(3)

All other written City staff materials prepared on the application (Section 2.2.7);

(4)

All other written materials provided to the LDR Administrator by affected parties or the public that are related to the application (Section 2.2.9);

(5)

The review board recommendation, where relevant, and the record from the review board proceedings on the application (Section 2.2.8);

(6)

These LDRs;

(7)

The Comprehensive Plan;

(8)

All written communications received by members of the review or decision-making body and City staff about the application;

(9)

Curriculum vitae of all City staff and City representatives who testify at the hearing;

(10)

All documents entered into the record at the hearing (this Subsection 2.3.1(C)); and

(11)

The testimony and other statements and opinions offered at the public hearing, which shall be recorded.

(D)

Order of proceedings. The order of the quasi-judicial hearing shall be as follows:

(1)

Swearing in. Swearing of all persons who will testify at the hearing.

(2)

Ex parte disclosure. Disclosure of all ex parte communications by review or decision-making body members.

(3)

Description of proposal. Staff will provide an introduction of the application, include a brief narrative and/or graphic description of the application.

(4)

Applicant presentation. This shall include applicant's presentation of any testimony and evidence, including testimony of witnesses and expert witnesses. Further examination by members of the review or decision-making body shall be allowed after each witness. Cross examination by the City and affected parties is also allowed, including questioning of LDR Administrator, City staff and City witnesses.

(5)

Affected parties' presentation. This shall include affected parties' presentation of any testimony and evidence, including testimony of witnesses and expert witnesses. Further examination by members of the review or decision-making body shall be allowed after each witness. Cross examination by the applicant and City is allowed.

(6)

LDR Administrator presentation of staff report. This includes a presentation of the staff report and its written recommendation, and presentation of additional witnesses, including expert witnesses, if appropriate. The recommendation in the staff report shall address each standard required to be considered by these LDRs prior to approval of the application. Questioning of LDR Administrator, City staff, and witnesses by review or decision-making body, and the applicant, and affected parties, as appropriate.

(7)

Public comment and testimony. First those in support of the application and then those in opposition to the application are allowed to speak and enter testimony and evidence into the record.

(8)

Rebuttal.

(a)

Affected parties' rebuttal, if appropriate.

(b)

Applicant's rebuttal, if requested.

(c)

LDR Administrator and City staff rebuttal, if requested.

(9)

Conclusion.

(a)

Affected parties conclusion, if any.

(b)

City conclusion.

(c)

Applicant conclusion.

(10)

Deliberation, continuance or vote. Deliberation, continuance or vote by review or decision-making body.

(E)

Information by member. Any member of the review or decision-making body may request information, call witnesses, or ask questions of any person that testifies during the hearing. All questions shall be directed through the Chair.

(F)

Length of presentation and testimony. The length of presentations and testimony shall be established by the Chair of the review or decision-making body (whichever is appropriate). The Chair may place reasonable and equitable limitations on any presentation or discussion to avoid undue delay.

(G)

Cross examination. The inquiry under cross examination shall be limited to matters raised in the direct examination of the witness.

(H)

Redirect and re-cross. No redirect or re-cross shall be allowed unless it is requested by the applicant, an affected party, or the City, who shall state the desired area of inquiry, and the request is approved by the Chair of the review or decision-making body (whichever is appropriate). If redirect or re-cross is allowed, it shall be limited to questions of the witness on issues raised in the cross examination.

(I)

Objections. The applicant, any affected party, or a member of the review or decision-making body (whichever is appropriate) may raise evidentiary objections, which shall be ruled upon by the Chair.

(J)

Public comment. Any person who is not an affected party may be permitted to speak for up to five minutes in support of or in opposition to the application. At the discretion of the Chair of the review or decision-making body (whichever is appropriate), a member of the public may be granted additional time to speak when it is justified. The applicant, an affected party, nor their witnesses or representatives shall be permitted to speak during the public comment portion of the hearing.

(K)

Continuance.

(1)

The body conducting the public hearing may, on its own motion or at the request of any person, continue the public hearing to a fixed date, time and place. An applicant shall have the right to request and be granted one continuance; however, all subsequent continuances shall be granted at the discretion of the body conducting the public hearing only upon good cause shown.

(2)

A public hearing for which proper notice was given may be continued to a later date without again complying with the notice requirements of this section, provided the continuance is set for a date within 45 days, and the date and time of the continued hearing is announced at the time of the continuance.

(L)

Action by decision-making body.

(1)

Upon receipt of all testimony and evidence in accordance with this section, the quasi-judicial hearing shall be closed. No additional testimony, evidence, or public comments will be heard or considered after the close of the public hearing.

(2)

Upon the close of the public hearing, the review or decision-making body shall consider the application, the relevant support materials, the staff report, all review board recommendations (if relevant), and the public testimony and other evidence given at the public hearing and make a recommendation or decision on the application (whichever is appropriate), based on the relevant review standards. The form of the decision shall include at least the following elements:

(a)

A list of the evidence presented.

(b)

Findings of fact.

(c)

Conclusions of law.

(d)

A finding of compliance or noncompliance with the Comprehensive Plan.

(e)

Application of the facts to the relevant review standards.

(f)

The decision.

(g)

The reasons for the decision.

(h)

Any conditions of approval (if appropriate).

(3)

Notification regarding the decision shall be provided by the LDR Administrator in accordance with Section 2.2.19, Notice of decision.

2.3.2

Standard public hearings. All public hearings on applications for development permit (Table 2.2-1, Required Public Hearings) which are not Quasi-judicial public hearings shall be considered as standard public hearings, and shall comply with the procedures set forth in this subsection.

(A)

Burden of proof. The burden of demonstrating that an application complies with applicable review and approval standards is on the applicant. The burden is not on the City or other parties to show that the standards have not been met by the applicant.

(B)

Conduct of the hearing.

(1)

Rights of all persons. Any person may appear at a public hearing, or may be represented by counsel or agent, and may submit documents, materials, and other written or oral testimony either individually or as a representative of an organization. Each person who appears at a public hearing shall be identified, state an address, and if appearing on behalf of a person or organization, state the name and mailing address of the person or organization being represented.

(2)

Presentation of testimony and submission of documents and materials. The body conducting the public hearing may place reasonable time restrictions on the presentation of testimony and the submission of documents and other materials.

(3)

Continuance of hearing. The body conducting the hearing may, on its own motion or at the request of any person, continue the hearing to a fixed date, time and place. An applicant shall have the right to request and be granted one continuance. All subsequent continuances requested by an applicant shall be granted at the discretion of the body granting the public hearing only on good cause shown.

(C)

Order of proceedings. The order of proceedings at the public hearing shall be as follows:

(1)

The LDR Administrator shall present a narrative or graphic description of the application.

(2)

The applicant shall present any information the applicant deems appropriate.

(3)

The LDR Administrator shall present the staff report, which includes a written recommendation. This recommendation shall address each standard required to be considered by these LDRs prior to approval of the application.

(4)

Public testimony shall be heard.

(5)

The applicant may respond to any testimony or evidence presented by the public.

(6)

The LDR Administrator may respond to any statement made by the applicant or public.

(D)

Record of public hearing. The review or decision-making body conducting the hearing shall record the proceedings by any appropriate means, and the record shall consist of:

(1)

The application for development permit under consideration (Section 2.2.5);

(2)

The staff report (Section 2.2.7);

(3)

All other written City staff materials prepared on the application (Section 2.2.7);

(4)

All other written materials related to the application provided by the public (Section 2.2.9);

(5)

The review board recommendation, where relevant, and the record from the review board proceedings on the application (Section 2.2.8);

(6)

These LDRs;

(7)

The Comprehensive Plan;

(8)

All documents entered into the record at the hearing (this Subsection 2.3.2(D)); and

(9)

The record of the hearing recorded by the review board, if relevant (Section 2.2.8).

If a sound recording is made, any person shall be entitled to listen to the recording at a reasonable time, or make copies at that person's own expense, at the offices of the City Clerk.

(E)

Action by decision-making body. The decision making body shall render its decision within 30 days. Unless stated otherwise in these LDRs, the form of the decision shall include at least the following elements:

(1)

A clear statement of the factors considered in the decision, and a statement of the basis upon which such facts were applied to the relevant review standards.

(2)

A statement of a recommendation or decision of approval, approval with conditions, or denial (whichever is appropriate).

Notification regarding the decision shall be provided by the LDR Administrator in accordance with Section 2.2.19, Notice of decision.

2.4.1

Text amendments and general amendments to Official Zoning Atlas.

(A)

Purpose. The purpose of this section is to provide a means for amending the text of these LDRs or making a general amendment to the Official Zoning Atlas.

(B)

Authority. The City Commission may adopt an ordinance amending the text of these LDRs or a general amendment to the Official Zoning Atlas upon compliance with the provisions of this section.

(C)

Initiation.

(1)

Amendment to the text of LDRs. An application to amend the text of these LDRs may be initiated by the City Commission, the PZB, the BOA, the LDR Administrator, any department or board of the City, or a person who may submit applications in accordance with Section 2.2.1, Authority to file applications.

(2)

General amendment to Official Zoning Atlas. An application for a general amendment to the Official Zoning Atlas may be initiated by the City Commission, the PZB, the LDR Administrator, or a person who may submit applications in accordance with Section 2.2.1, Authority to file applications.

(D)

Procedures.

(1)

Application review, notification and scheduling hearing. The procedures and requirements for submission and review of an application are established in Section 2.2, Common development review procedures.

(2)

Review and recommendation by PZB. After preparation of a staff report, public notification, and the scheduling of the public hearing, the application shall be referred to the PZB by the LDR Administrator. The PZB shall conduct a public hearing on the application in accordance with Section 2.3.2, Standard public hearings. At the public hearing, the PZB shall consider the application, the relevant support materials, the staff report, the testimony given at the public hearing, and following the close of the public hearing, make a report to the City Commission recommending either to approve or deny the application based on the standards in Subsection 2.4.1(E) of this section, Standards. The PZB shall then forward the report to the City Commission.

(3)

Review and action by City Commission. After receipt of the report from the PZB, public notification, and the scheduling of the public hearings, the City Commission shall consider the application during the two public hearings conducted in accordance with Section 2.3.2, Standard public hearings. At the first public hearing, the City Commission shall review the application, the relevant support materials, the staff report, the report of the PZB, and the testimony given at the hearing. At the second public hearing, the request and any subsequent information or materials received after the first public hearing shall be considered. After the close of the second hearing, the City Commission shall either adopt an ordinance amending the text of these LDRs or the Official Zoning Atlas (whichever is appropriate), or deny the application, based on the standards of Subsection 2.4.1(E) of this section, Standards.

(E)

Standards.

(1)

Text amendments. Amending the text of these LDRs is a matter committed to the legislative discretion of the City Commission. In determining whether to adopt or deny the proposed amendment, the City Commission shall consider and weight the relevance of the following factors:

(a)

Consistent with Comprehensive Plan. Whether and the extent to which the proposed amendment is consistent with the Comprehensive Plan.

(b)

Consistent with ordinances. Whether the proposed amendment is in conflict with any provision of these LDRs or the City Code of Ordinances.

(c)

Changed conditions. Whether and the extent to which there are changed conditions that require an amendment.

(d)

Community need. Whether and the extent to which the proposed amendment addresses a demonstrated community need.

(e)

Compatible with surrounding uses. Whether and the extent to which the proposed amendment is consistent with the purpose and intent of the zone districts in these LDRs, or will improve compatibility among uses and will ensure efficient development within the City.

(f)

Development patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern.

(g)

Effect on natural environment. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, including but not limited to water, air, noise, stormwater management, wildlife, vegetation, wetlands, and the natural functioning of the environment.

(h)

Public facilities. Whether and the extent to which the proposed amendment would result in development that is adequately served by public facilities (roads, potable water, sewage, stormwater management, parks, and solid wastes).

(2)

General amendments to Official Zoning Atlas. General amendments to the Official Zoning Atlas are a matter committed to the legislative discretion of the City Commission. In determining whether to adopt or deny the proposed amendment, the City Commission shall consider and weigh the relevance of the following factors:

(a)

Consistent with Comprehensive Plan. Whether and the extent to which the proposed amendment is consistent with the Comprehensive Plan.

(b)

Changed conditions. Whether and the extent to which there are changed conditions that require an amendment.

(c)

Compatible with surrounding uses. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zone district for the land.

(d)

Development patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern, or deviate from logical and orderly development patterns.

(e)

Premature development. Whether and the extent to which the proposed amendment would encourage premature development.

(f)

Strip or ribbon commercial development. Whether and the extent to which the proposed amendment would result in strip or ribbon commercial development.

(g)

Isolated zone district. Whether and the extent to which the proposed amendment will result in the creation of an isolated zone district unrelated to adjacent and surrounding zone districts.

(h)

Property values. Whether and the extent to which the proposed amendment will result in significant adverse impacts on the property values of surrounding lands.

(i)

Effect on population density. Whether and the extent to which the proposed amendment would result in substantial increases in population density beyond the City's ability to address adverse impacts from such increases.

(j)

Effect on natural environment. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, including, but not limited to, light, water, air, noise, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment.

(k)

Public facilities. Whether and the extent to which the proposed amendment would result in development that is adequately served by public facilities (roads, potable water, sewage, parks, stormwater management and solid waste facilities).

2.4.2

Site-specific amendments to Official Zoning Atlas.

(A)

Purpose. The purpose of this subsection is to provide a means for making a site-specific amendment to the Official Zoning Atlas.

(B)

Authority. The City Commission may adopt an ordinance amending the Official Zoning Atlas upon compliance with the provisions of this section.

(C)

Initiation. An application for a site-specific amendment to the Official Zoning Atlas may be initiated by the City Commission, the PZB, the LDR Administrator, or a person who may submit applications in accordance with Section 2.2.1, Authority to file applications.

(D)

Procedures.

(1)

Preapplication conference, application review, notification, and scheduling hearing. The procedures and requirements for submission and review of an application are established in Section 2.2, Common development review procedures.

(2)

Review and recommendation by PZB. After preparation of a staff report, public notification, and the scheduling of the public hearing, the application shall be referred to the PZB by the LDR Administrator. The PZB shall conduct a public hearing on the application in accordance with Section 2.3.1, Quasi-judicial public hearings. At the public hearing, the PZB shall consider the application, the relevant support materials, the staff report, the testimony and evidence given at the public hearing, and following the close of the public hearing, make a report to the City Commission recommending either to approve or deny the application based on the standards in Subsection 2.4.2(E) of this section, Standards for site-specific amendments to the Official Zoning Atlas. The PZB shall then forward the report to the City Commission.

(3)

Review and action by City Commission. After receipt of the report from the PZB, public notification, and the scheduling of the public hearing, the City Commission shall consider the application at two public hearings conducted in accordance with Section 2.3.1, Quasi-judicial public hearings. At the first public hearing, the City Commission shall review the application, the relevant support materials, the staff report, the report of the PZB, and the testimony and evidence given at the hearing. At the second public hearing, the request and any subsequent information or materials received after the first hearing shall be considered. After the close of the second hearing, the City Commission shall either adopt an ordinance amending the Official Zoning Atlas, or deny the application, based on the standards of Subsection 2.4.2(E) of this section, Standards for site-specific amendments to the Official Zoning Atlas.

(E)

Standards for site-specific amendments to the Official Zoning Atlas. The advisability of making a site-specific amendment to the Official Zoning Atlas is a matter subject to quasi-judicial review by the City Commission and constitutes the implementation of the general land use policies established in these LDRs and the Comprehensive Plan. In determining whether to approve a proposed site-specific amendment to the Official Zoning Atlas, the City Commission shall find that:

(1)

Competent substantial evidence provided. The applicant has provided competent substantial evidence that is made part of the record of the hearing that:

(a)

Consistent with Comprehensive Plan. The proposed amendment is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan.

(b)

Consistent with ordinances. The proposed amendment is not in conflict with any portion of these LDRs or any of the City Code of Ordinances.

(c)

Logical development pattern. The proposed amendment would result in a logical and orderly development pattern.

(d)

Premature development. The proposed amendment will not create premature development in undeveloped or rural areas.

(e)

Incompatible with adjacent lands. The uses permitted by the proposed amendment are not incompatible with existing land uses of adjacent lands and/or the uses permitted by the zone district classifications of adjacent lands.

(f)

Adverse effect on local character. The proposed amendment will not adversely effect the character of the general area where it is proposed to be located by creating excessive traffic, density and/or intensities of use, building height and bulk, noise, lights or other physical effects or nuisances.

(g)

Not deviate from pattern of development. The uses permitted by the proposed amendment will not deviate from the development pattern (both established and as proposed by surrounding zone districts) of the area where the proposed amendment is located.

(h)

Encourage sprawl. The proposed amendment will not encourage urban sprawl, either by resulting in strip or ribbon commercial development, leap-frog development or low-density single dimensional development.

(i)

Spot zoning. The proposed amendment will not result in the creation of an isolated zone district unrelated to adjacent and surrounding zone districts (spot zoning).

(j)

Public facilities. The proposed amendment will not result in development in a location where there are no plans by the City or other governmental entities to provide public facilities to serve the development (roads, potable water, wastewater, parks, stormwater management, and solid wastes), and there are no assurances by the private sector that public facilities are planned and will be available to adequately accommodate development.

(k)

No adverse effect on the environment. The proposed amendment would not result in significantly adverse impacts on the natural environment, including, but not limited to, water, air, noise, stormwater management, wildlife, vegetation, wetlands, and the natural functioning of the environment.

2.4.3

Planned development.

(A)

Generally. This subsection establishes the procedures for review of the City's Planned Development (PD) Zone Districts: Planned Development-Residential (PD-R), Planned Development-Commercial (PD-COMM), Planned Development-Employment Center (PD-EC) and Planned Development-Traditional Neighborhood Development (PD-TND).

(B)

Location. A PD zone district classification may be established on any land that complies with all of the applicable standards of this section.

(C)

Unified ownership or control. To ensure unified control, copy of the title to all land that is part of a proposed PD zone district classification shall be provided, and all owners of the land shall sign the planned development application to indicate their support for the application and willingness to be bound by any conditions of approval.

(D)

PD zone district classification and PD Master Plan.

(1)

Procedure.

(a)

Generally. A PD zone district classification shall constitute a site-specific amendment to the Official Zoning Atlas (rezone) (Subsection 2.4.2 of this section). It shall be controlled by a PD Master Plan and PD agreement. The procedure requires approval of a PD zone district classification, PD Master Plan, and PD agreement (Subsection 2.4.3(D)(3) of this section), and then a final PD plan (Subsection 2.4.3(E) of this section). Subsequent to approval of a PD zone district classification, PD Master Plan and PD agreement, an approved site plan shall be considered as the final PD plan for the portion of the planned development subject to the site plan (Subsection 2.4.9 of this section). A final PD plan within PD-R and PD-TND for residential development may be processed concurrently with the application for the PD Zoning designation.

(b)

Preapplication conference, application submission, review, public notification, and scheduling hearing. The procedures and requirements for submission and review of an application are established in Section 2.2, Common development review procedures.

(c)

Review and recommendation by PZB. After preparation of a staff report, public notification, and the scheduling of the public hearing, the application shall be referred to the PZB by the LDR Administrator. The PZB shall conduct a public hearing on the application in accordance with Section 2.3.1, Quasi-judicial public hearings. At the public hearing, the PZB shall consider the application, the relevant support materials, the staff report, the testimony and evidence given at the public hearing, and following the close of the public hearing, make a report to the City Commission recommending either to approve, approve with conditions, or deny the application based on the standards in Subsection 2.4.3(D)(2) of this section, Planned development standards. The PZB shall then forward the report to the City Commission.

(d)

Review and action by City Commission. After receipt of the report from the PZB, public notification, and the scheduling of the public hearing, the City Commission shall consider the application at two public hearings conducted in accordance with Section 2.3.1, Quasi-judicial public hearings. At the first public hearing, the City Commission shall review the application, the relevant support materials, the staff report, the report of the PZB, and the testimony and evidence given at the hearing. At the second public hearing, the request and any subsequent information or materials received after the first public hearing shall be considered. After the close of the second public hearing, the City Commission shall either adopt an ordinance amending the Official Zoning Atlas to a PD zone district classification, modify or approve the application with conditions, or deny the application, based on the standards of Section 2.4.3(D)(2), Planned development standards.

(2)

Planned development standards. A PD zone district classification, PD Master Plan, and PD agreement shall comply with the standards in Subsection 2.4.2(E) of this section, Standards for site-specific amendments to Official Zoning Atlas and the standards for PD districts in Section 3.6, Planned development (PD) districts.

(3)

PD agreement. Concurrent with the approval of the adopting ordinance and the PD Master Plan, PD terms and conditions shall be established binding the planned development to any conditions placed in the adopting ordinance and PD Master Plan. The PD agreement shall include, but are not limited to:

(a)

PD Master Plan. The PD Master Plan.

(b)

Conditions. Conditions related to the approval of the PD Master Plan.

(c)

Provisions governing public facilities. Provisions governing how transportation, potable water, wastewater, stormwater management, park, and other public facilities will be provided to accommodate the development proposed in the PD Master Plan.

(d)

Provisions related to environmental protection. Standards, conditions, or other provisions related to protection of light, water, air, wildlife, vegetation, wetlands and the natural functioning of the environment.

(e)

Other provisions related to future development of PD. Standards, conditions, or other provisions related to future applications for development permit or responsibilities of the landowners within the PD Master Plan.

(4)

Conditions of approval. In approving a PD zone district classification, a PD Master Plan, and PD agreement, the City Commission may impose appropriate conditions on the approval in accordance with Section 2.2.14, Conditions of approval.

(5)

Placement of planned development district (PD) classification on Official Zoning Atlas. After final approval of the adopting ordinance for the PD zone district classification, the PD Master Plan, and PD agreement, the LDR Administrator shall amend the Official Zoning Atlas to show a PD zone district classification.

(6)

Recordation. The applicant shall record the adopting ordinance, the PD Master Plan and the PD agreement with the Alachua County Clerk of Court. They shall be binding upon the landowners, their successors and assigns, and shall constitute the development regulations for the land. Development of the land shall be limited to the uses, density, configuration, and all other elements and conditions set forth on the PD Master Plan and in the PD agreement. The applicant shall submit proof to the LDR Administrator that the adopting ordinance, PD Master Plan, and PD agreement have been recorded with the Alachua County Clerk of Court within six months of its approval or the adopting ordinance, PD Master Plan, and PD agreement shall automatically and immediately be rendered invalid and the land shall return to its prior zone district classification. No further applications for development permit shall be review for the planned development until the adopting ordinance, PD Master Plan, and PD agreement have been recorded in accordance with this subsection except as provided for in Section 2.2.17 of these LDRs.

(7)

Expiration.

(a)

Generally. The approval of the adopting ordinance for a PD zone district classification, the PD Master Plan, and PD agreement shall expire unless an application for a final PD plan for any part or section of the plan for development shown on the PD Master Plan is submitted within one year of approval. (See Subsection 2.4.3(E) of this section.) Such time period shall not be extended with transfer of ownership.

(b)

Extension.

(i)

Upon written application submitted at least 30 days prior to the expiration of the permit period by the applicant, and upon a showing of good cause, the City Commission may grant an extension not to exceed six months for the submission of a final PD plan. The approval shall be deemed extended until the City Commission has acted upon the request for extension.

(ii)

If the PD final plan is not submitted within the time established in the extension, the City Commission, prior to the time the extension will expire, shall determine if either one additional six month extension be granted, for good cause, or the land be rezoned to its prior zone district classification.

(c)

Expiration. Failure to submit a final PD plan within the time limits established by this section shall result in expiration of the PD zone district classification, the PD Master Plan, and the PD agreement, and the prior zone district classification shall thereupon be reestablished.

(8)

Minor deviations. A minor deviation to a PD Master Plan and/or PD agreement shall not be considered as an amendment, and shall be approved by the LDR Administrator. The minor deviation shall comply with the standards of these LDRs. A minor deviation shall be limited to technical considerations which could not reasonably be anticipated during the approval process or any other change which has no material effect on the character of the approved PD development or any of its approved terms or conditions. The following shall constitute minor deviations:

(a)

Driveway relocations. Driveway relocations.

(b)

Structure floor plan revisions. Structure floor plan revisions.

(c)

Facility design modifications. Facility design modifications for amenities and the like.

Changes that materially affect the basic concept of the PD Master Plan are not considered minor deviations, and shall only be changed as amendments to the PD Master Plan and/or the PD agreement (Subsection 2.4.3(D)(9) of this section).

(9)

Amendments.

(a)

Generally. If an applicant determines it is necessary to alter the concept or intent of the PD Master Plan and/or the PD agreement, the PD Master Plan and/or PD agreement shall be amended, extended or modified only in accordance with the procedures and standards for its original approval.

(b)

Amendments defined. The following items are considered an alteration of the concept or intent of the PD Master Plan or PD agreement:

(i)

Changes in use designations;

(ii)

Density/intensity increases;

(iii)

Decreases in open space;

(iv)

Substantial changes in the location of streets (particularly if streets are to be deleted or access points to the development are moved so traffic flows both inside and outside the development are affected);

(v)

Change in the proportion of housing types by more than 15 percent; or

(vi)

Violation of any specific condition of the PD agreement.

(E)

Final PD plan.

(1)

Submittal of PD final plan. Within one year of the approval of a PD zone district classification, PD Master Plan, and PD agreement, the applicant shall submit a PD final plan for any part or section of the plan for development shown in the PD Master Plan. If the PD final plan is not submitted within one year, the PD zone district classification, PD Master Plan, and PD agreement shall expire and be void, and the land shall revert back to its original zone district classification. The PD final plan shall implement the PD Master Plan. For the purposes of these LDRs, the PD final plan shall mean either site plan (Subsection 2.4.9 of this section) or major subdivision preliminary plat (Subsection 2.4.10(G) of this section) approval, whichever is appropriate.

(2)

Standards. In addition to complying with the relevant standards for site plan (Subsection 2.4.9 of this section) or major subdivision preliminary plat (Subsection 2.4.10(G) of this section), whichever is appropriate, the PD final plan shall also conform to the PD Master Plan and the PD agreement.

(3)

Expiration. If the initial PD final plan expires in accordance with the expiration provisions for site plans (Subsection 2.4.9(G) of this section) or major subdivision preliminary plat (Subsection 2.4.10(G)(3)(h) of this section), whichever is appropriate, the PD zone district classification, PD Master Plan, and PD agreement shall expire and be void, and the land shall revert back to its original zone district classification.

2.4.4

Special exception permit.

(A)

Purpose. The purpose of this subsection is to provide a means for reviewing applications for approval of uses allowed as special exceptions. These are uses that are generally compatible with the other uses permitted in a zone district, but require individual review of their location, design, configuration, density, intensity, and public facility impact to determine the appropriateness of the use on any particular site in the district and their compatibility with adjacent uses. Special exception uses may require the imposition of conditions to ensure the appropriateness of the use at a particular location.

(B)

Authority. The City Commission is authorized to review and decide applications for special exception permits for a building consisting of greater than or equal to 80,000 square feet in area in accordance with this section. The PZB is authorized to review and decide applications for all other special exception permits in accordance with this section. Only those uses identified as special exceptions in Table 4.1-1, Table of Allowed Uses and Table 5.1-3, Table of Dimensional Standards in the Business Zoning Districts, for the CI and CP zoning districts, are authorized to be considered as special exceptions under this section. The designation of a use as a special exception in Table 4.1-1, Table of Allowed Uses or Table 5.1-3, Table of Dimensional Standards in the Business Zoning Districts, for the CI and CP zoning districts, does not constitute an authorization that such use shall be approved as a special exception permit in accordance with this section. Rather, each proposed special exception shall be evaluated for compliance with the standards set forth in this section and the applicable standards for the use in Section 4.3, Use specific standards, or Section 5.2.3(B), if appropriate.

(C)

Procedure.

(1)

Application submission, review, public notification, and scheduling hearing. The procedures and requirements for submission and review of an application are established in Section 2.2, Common development review procedures.

(2)

Review and recommendation by PZB and review and action by City Commission on application for special exception permit for building greater than or equal to 80,000 square feet in area.

(a)

Review and recommendation by PZB on application for special exception permit for building greater than or equal to 80,000 square feet in area. After preparation of a staff report, public notification, and the scheduling of a public hearing, the PZB shall conduct a public hearing on the application for a special exception permit for a building greater than or equal to 80,000 square feet in area in accordance with Section 2.3.1, Quasi-judicial public hearings. At the public hearing, the PZB shall consider the application, the relevant support materials, the staff report, and the testimony and evidence given at the public hearing, and following the close of the public hearing, make a report to the City Commission recommending either to approve, approve with conditions, or deny the application based on the standards in Section 2.4.4(D), special exception standards.

(b)

Review and action by City Commission on application for special exception permit for building greater than or equal to 80,000 square feet in area. After receipt of the report from the PZB, public notification, and the scheduling of a public hearing for the application for a special exception permit for a building greater than or equal to 80,000 square feet in area, the City Commission shall consider the application during a public hearing in accordance with Section 2.3.1, Quasi-judicial public hearings. At the public hearing, the City Commission shall review the application, the relevant support materials, the staff report, the report of the PZB, and the testimony given at the hearing. After the close of the hearing, the City Commission shall either approve, approve with conditions, or deny the application based on the standards in Subsection 2.4.4(D) of this section, Special exception standards.

(3)

Review and action by PZB on application for special exception permit for uses other than building greater than or equal to 80,000 square feet in area. After preparation of a staff report, public notification, and the scheduling of a public hearing, the PZB shall conduct a public hearing on the application for a special exception permit for uses other than a building greater than or equal to 80,000 square feet in area in accordance with Section 2.3.1, Quasi-judicial public hearings. At the public hearing, the PZB shall consider the application, the relevant support materials, the staff report, and the testimony and evidence given at the public hearing. After the close of the public hearing, the PZB shall approve, approve with conditions, or deny the application based on the standards in Subsection 2.4.4(D) of this section, Special exception standards.

(D)

Special exception standards. A special exception permit shall be approved only upon a finding the applicant demonstrates all the following standards are met:

(1)

Complies with use specific regulations. The proposed special exception complies with all relevant standards in Section 4.3, Use specific standards, or Section 5.2.3(B), as applicable.

(2)

Compatibility. The proposed special exception is appropriate for its location and compatible with the character of surrounding lands and the uses permitted in the zone district.

(3)

Design minimizes adverse impact. The design of the proposed special exception minimizes adverse effects, including visual impacts of the proposed use on adjacent lands; furthermore, the proposed special exception avoids significant adverse impact on surrounding lands regarding service delivery, parking and loading, odors, noise, glare, and vibration, and does not create a nuisance.

(4)

Design minimizes environmental impact. The proposed special exception minimizes environmental impacts and does not cause significant deterioration of light, water and air resources, wildlife habitat, stormwater management, scenic resources, and other natural resources.

(5)

Roads and other public facilities. There is adequate public facility capacity available to serve the proposed special exception, and the proposed special exception use is designed to ensure safe ingress and egress onto the site and safe road conditions around the site.

(6)

Not injure neighboring land or property values. The proposed special exception will not substantially injure the use of neighboring land for those uses that are permitted in the zone district, or reduce land values.

(7)

Drawings. A site plan (Subsection 2.4.9 of this section) or preliminary plat (Subsection 2.4.10(G)(3) of this section) has been prepared that demonstrates how the proposed special exception use complies with the other standards of this subsection.

(8)

Complies with all other relevant laws and ordinances. The proposed special exception use complies with all other relevant City laws and ordinances, State and Federal laws, and regulations.

(E)

Conditions of approval. In approving a special exception permit, the PZB may impose appropriate conditions on the permit approval in accordance with Subsection 2.2.14 of this section, Conditions of approval.

(F)

Denial. If the PZB denies an application for a special exception permit, the record shall clearly indicate the reasons for denial.

(G)

Effect. Issuance of a special exception permit shall authorize only the particular special exception that is approved in the permit. A special exception permit, including any conditions, shall run with the land and shall not be affected by a change in ownership, unless specifically conditioned as part of the approval.

(H)

Expiration.

(1)

Generally. The PZB may prescribe a time limit within which development shall begin or be completed on the special exception permit, or both. Failure to begin and/or complete such development within the time limit specified shall void the special exception permit. Unless specified otherwise by the PZB, a building permit shall be obtained for the development approved by the permit within 12 months from the date of approval, and development shall be completed on the building permit within the time allowed under the City's building regulations, or the special exception permit shall expire and be void. In cases where a building permit is not required to establish an approved special exception use, a certificate of LDR compliance (Subsection 2.4.15 of this section) shall be obtained within 12 months from the date of approval, or the special exception permit shall expire and be void.

(2)

Extension. Upon written application submitted at least 30 days prior to the expiration of the permit period by the applicant, and upon a showing of good cause, the PZB may grant one extension not to exceed six months. The approval shall be deemed extended until the PZB has acted upon the request for extension. Failure to submit an application for an extension within the time limits established by this section shall result in the expiration of the special exception permit.

(I)

Amendments. A special exception permit may be amended, extended or modified only in accordance with the procedures and standards established for its original approval.

(J)

Appeal of PZB decision on special exception permit. Any person aggrieved or affected by a decision of the Planning and Zoning Board may appeal such decision to the City Commission in accordance with Subsection 2.4.21 of this section, Appeal of decisions of the Planning and Zoning Board.

2.4.5

Historic Overlay (HO) District classification.

(A)

Purpose. The purpose of this section is to provide a means for making a site-specific amendment to the Official Zoning Atlas (rezone) to classify an area as a Historic Overlay (HO) District.

(B)

Authority. The City Commission may adopt an ordinance amending the Official Zoning Atlas upon compliance with the provisions of this section.

(C)

Initiation. An application for a site-specific amendment to the Official Zoning Atlas may be initiated by the City Commission, the PZB, the LDR Administrator, or a person who may submit applications in accordance with Section 2.2.1, Authority to file applications.

(D)

Approval of owners. Applications for classification of a Historic Overlay (HO) District shall have the affirmative support of a majority of the landowners within the proposed district. For the purposes of this subsection, the term "affirmative support" shall mean written authorization to submit an application for a site-specific amendment to the Official Zoning Atlas from two-thirds or more of the landowners within the proposed district.

(E)

Procedures.

(1)

Preapplication conference, application review, notification, and scheduling hearing. The procedures and requirements for submission and review of an application are established in Section 2.2, Common development review procedures.

(2)

Review and recommendation by PZB. After preparation of a staff report, public notification, and the scheduling of the public hearing, the application shall be referred to the PZB by the LDR Administrator. The PZB shall conduct a public hearing on the application in accordance with Section 2.3.1, Quasi-judicial public hearings. At the public hearing, the PZB shall consider the application, the relevant support materials, the staff report, the testimony and evidence given at the public hearing, and following the close of the public hearing, make a report to the City Commission recommending either to approve, approve with conditions, or deny the application based on the standards in Subsection 2.4.5(F) of this section, Standards. The PZB shall then forward the report to the City Commission.

(3)

Review and action by City Commission. After receipt of the report from the PZB, public notification, and the scheduling of the public hearing, the City Commission shall consider the application during a public hearing conducted in accordance with Section 2.3.1, Quasi-judicial public hearings. At the hearing, the City Commission shall review the application, the relevant support materials, the staff report, the report of the PZB, and the testimony and evidence given at the hearing. After the close of the hearing, the City Commission shall either adopt an ordinance amending the Official Zoning Atlas, modify or approve the application with conditions, or deny the application, based on the standards of Subsection 2.4.5(F) of this section, Standards.

(F)

Standards. Amendments to the Official Zoning Atlas to classify land as a Historic Overlay (HO) District shall be made in accordance with the standards in Subsection 2.4.2(E) of this section, Standards for site-specific amendments to the Official Zoning Atlas, and Section 3.7.2(A)(2), Standards for designation of an HO district.

2.4.6

Certificate of appropriateness.

(A)

Purpose. The purpose of this subsection is to provide a mechanism for reviewing demolition, removal, relocation, new construction, additions, or alterations of exterior features on development within the Historic Overlay Districts to ensure they comply with the standards of this section.

(B)

Authority. The PZB is authorized to review and decide applications for a certificates of appropriateness, provided however that the LDR Administrator is authorized to review and decide applications for certificates of appropriateness as set forth in Subsection 2.4.6(E)(3), Certificate of appropriateness (minor review), of this section.

(C)

Applicability.

(1)

When required. A certificate of appropriateness shall be required prior to any demolition, removal, relocation, new construction, additions, or alterations of exterior features in the Historic Overlay District, unless the activity is exempted in accordance with Subsection 2.4.6(D), Exemptions, of this section.

(D)

Exemptions. The following activity shall be exempted from the requirements of this section (but is not exempted from other permits as may be applicable for the proposed activity, which may include but are not limited to a site plan, minor site plan, and/or building permit):

(1)

Repairs and maintenance with limited changes. Ordinary maintenance or repair of any exterior architectural feature of buildings or structures that does not involve a change in design, material, color, or outer appearance of the building or structure; provided however that ordinary maintenance and repairs may change the material or color of a building facade when such repair or maintenance does not exceed five percent of the area of the facade.

(2)

Interior alterations. Alterations to the interior of a building or structure, or alterations to the use of a building or structure, unless the interior of a particular building or structure is listed on the National Register of Historic Places.

(3)

Activity conducted under the CRA Business Facade Grant Program. Activity which is being performed as part of the scope of work of a project reviewed and approved under the City's Community Redevelopment Agency (CRA) Business Facade Grant Program.

(4)

Residential additions, alterations, or demolitions not visible from street. The demolition, removal, new construction, addition, or alteration of exterior features on existing residential buildings or residential structures, or any buildings or structures which are accessory to a residential use, when the building or structure is not visible from a street and when the building or structure is used exclusively for residential purposes. This exemption shall not apply to any building or structure listed on the National Register of Historic Places or to any buildings or structures listed as a contributing building to the City of Alachua Downtown Historic District.

(E)

Procedure.

(1)

Application submission, review, public notification, and scheduling hearing. The procedures and requirements for submission and review of an application are established in Section 2.2, Common development review procedures.

(2)

Review and action by PZB. Except as provided in Subsection 2.4.6(E)(3), Certificate of appropriateness (minor review), of this section, after preparation of a staff report, public notification, and the scheduling of a public hearing, the PZB shall conduct a public hearing on the application in accordance with Section 2.3.2, Standard public hearings. At the public hearing, the PZB shall consider the application, the relevant support materials, the staff report, and the testimony given at the public hearing. After the close of the public hearing, the PZB shall approve, approve with conditions, or deny the application based on the standards in Subsection 2.4.6(F) of this section, Certificate of appropriateness standards.

(3)

Certificate of appropriateness (minor review). The LDR Administrator is authorized to review and approve, approve with conditions, or deny an application for a certificate of appropriateness for projects which propose the type(s) of activity set forth in Subsections 2.4.6(E)(3)(a) and (b). The LDR Administrator shall review and take action on the application in accordance with the procedures and requirements of Section 2.2.13, Review by LDR Administrator. The LDR Administrator, in his or her sole discretion, may refer any application for a certificate of appropriateness to the PZB when the LDR Administrator finds that the application does not comply with the certificate of appropriateness standards as set forth in Subsection 2.4.6(F), Certificate of appropriateness standards. The City Commission may adopt by ordinance a Certificate of Appropriateness Approval Matrix establishing specific types of activity that may be administratively approved:

(a)

Residential repairs and maintenance with changes. Activity that is considered to be ordinary repair and maintenance of a residential building or structure involving a change in design, material, color, or outer appearance of the building or structure (including but not limited to: changes in roofing materials and/or changes in roofing material colors; window types; shutter types; doors; decks and porches; or other similar appurtenances); and,

(b)

Residential additions, alterations, or demolitions visible from street. The demolition, removal, new construction, addition, or alteration of exterior features on existing residential buildings or residential structures, or any buildings or structures which are accessory to a residential use, when the building or structure is visible from a street and when the building or structure is used exclusively for residential purposes. Buildings or structures listed on the National Register of Historic Places shall require PZB action.

(F)

Certificate of appropriateness standards. The following standards shall be applied in determining whether to approve, approve with conditions, or deny a certificate of appropriateness:

(1)

Affect exterior appearance. Whether the proposed action will affect the exterior appearance of a building or structure and if such action will be visible from a street, or if such action will affect the appearance of any interior portion of a building or structure listed on the National Register of Historic Places or a building or structure listed as a contributing building to the City of Alachua Downtown Historic District.

(2)

Affect consistent with historical, architectural or other relevant qualities. Whether any such affect is consistent with the historical, architectural, or other qualities which the Historic Overlay District seeks to protect and preserve.

(3)

Negative or positive impact on neighboring properties of historical significance. Whether the proposed action will have a negative or positive impact on neighboring properties that have historic significance.

(4)

Effect of denial. Whether the denial of a certificate of appropriateness would deprive the owner of reasonable beneficial use of their property.

(5)

Demolition. In cases where a certificate of appropriateness is proposed for demolition of all or a portion of a historic property, the applicant shall demonstrate:

(a)

That no other feasible alternative can be found;

(b)

The extent to which the property may not be beneficially used without approval of the demolition;

(c)

The ability to obtain a reasonable return from the existing structures; and

(d)

Whether or not the building, structure, or property contributes to a Historic Overlay District, or no longer has historical significance.

(G)

Conditions of approval. In approving a certificate of appropriateness, the PZB or LDR Administrator (as applicable based upon the type of review) may impose conditions on the permit approval in accordance with Section 2.2.14, Conditions of approval.

(H)

Amendments. A certificate of appropriateness may be amended only in accordance with the procedures and standards established for its original approval, provided however, that the LDR Administrator may approve minor modifications to a certificate of appropriateness previously approved by the PZB or by the LDR Administrator where it is found that the modifications would not result in a substantial change to the activity approved by the certificate of appropriateness.

(I)

Appeal of decision on certificate of appropriateness. Any person aggrieved or affected by a decision of the Planning and Zoning Board may appeal such decision to the City Commission in accordance with Subsection 2.4.21 of this section, Appeal of decisions of the Planning and Zoning Board. Any person aggrieved or affected by a decision of the LDR Administrator may appeal such decision to the Board of Adjustment in accordance with Subsection 2.4.20 of this section, Appeal of interpretation or decision by LDR Administrator.

2.4.7

Variance permits.

(A)

Overview. These LDRs include three types of variance permits: zoning variance permits (Subsection 2.4.7(C) of this section); subdivision variance permits (Subsection 2.4.7(D) of this section); and floodplain development variances (Section 2.4.7(E) of these LDRs).

(B)

Purpose. The purpose of a variance is to allow certain deviations from the standards of these LDRs, including variance from the dimensional zoning standards (such as height (except as provided for in Section 2.4.4 for the CI and CP zoning districts), parking, landscaping, lot dimensions, and signage standards), and subdivision standards (such as deviations from subdivision layout or public improvement standards) when the applicant demonstrates that, owing to special circumstances or conditions beyond the applicant's control (such as exceptional topographical conditions, narrowness, shallowness, or the shape of a specific parcel of land), the literal application of the standards in these LDRs would result in undue and unique hardship to the landowner and the deviation would not be contrary to the public interest.

(C)

Zoning variance permits.

(1)

Authority. The BOA is authorized to review and decide zoning variance permits in accordance with this section.

(2)

Applicability. The following standards may be varied through the zoning variance permit procedure:

(a)

The maximum height standards (except as provided for in Section 2.4.4 for the CI and CP zoning districts), maximum lot coverage standards, minimum yards and setbacks standards, minimum lot area standards, and minimum lot width standards in Section 5.1, Dimensional standards tables;

(b)

The allowable yard encroachments in Section 5.2.2(C), Allowable yard encroachments;

(c)

The standards in:

(i)

Section 6.1, Off-street parking and loading standards;

(ii)

Section 6.2.2, Landscaping standards;

(iii)

Section 6.2.3, Screening standards;

(iv)

Section 6.3, Fencing standards;

(v)

Section 6.4, Exterior lighting standards;

(vi)

Section 6.5., Signage;

(vii)

Section 6.6, Infill standards; and

(viii)

Section 6.8, Large retail design standards.

(3)

Procedures.

(a)

Application submission, review, notification, and scheduling hearing. The procedures and requirements for submission and review of an application are established in Section 2.2, Common development review procedures.

(b)

Review and action by BOA. After preparation of a staff report, public notification, and the scheduling of a public hearing, the BOA shall conduct a public hearing on the application in accordance with Section 2.3.1, Quasi-judicial public hearings. At the public hearing, the BOA shall consider the application, the relevant support materials, the staff report, and the testimony and evidence given at the public hearing. After the close of the public hearing, the BOA shall approve, approve with conditions, or deny the application based on the standards in Subsection 2.4.7(C)(4) of this section, Zoning variance permit standards.

(4)

Zoning variance permit standards. A zoning variance permit shall be approved only upon a finding that the applicant demonstrates all of the following standards are met:

(a)

Extraordinary and exceptional conditions. There are extraordinary and exceptional conditions (such as topographic conditions, narrowness, shallowness, or the shape of a parcel of land) pertaining to the particular piece of land for which the variance is sought that do not generally apply to other land or structures in the vicinity.

(b)

Not result of action by applicant. The special circumstances are not the result of the actions of the applicant.

(c)

No special privilege. The granting of the variance will not confer any special privilege on the applicant that is denied to other lands or structures in the same zone district.

(d)

Strict application deprives use. Because of the conditions in Subsection 2.4.7(C)(4)(a) of this section, the application of these LDRs to the land would effectively prohibit or unreasonably restrict the utilization of the land and result in unnecessary and undue hardship.

(e)

Minimum variance. The granting of the variance is the minimum action that will make possible the reasonable use of the land or structure which is not contrary to the public interest, and which would carry out the spirit of these LDRs.

(f)

Not detrimental. The authorization of the variance will not result in substantial detriment to adjacent land, and the character of the zone district in which the land subject to the application is located.

(g)

Consistency with these LDRs. The granting of the variance will be generally consistent with the purposes and intent of these LDRs and the public interest.

(D)

Subdivision variance permits.

(1)

Authority. The City Commission is authorized to review and decide subdivision variance permits in accordance with this section.

(2)

Applicability. The following standards may be varied through the subdivision variance permit procedure:

(a)

The standards in Section 7.2, Subdivision layout and design generally.

(b)

The standards in Section 7.3, Required improvements.

(3)

Procedures.

(a)

Application submission, review, notification, and scheduling hearing. Requests for approval of a subdivision variance permit shall be submitted and approved prior to review of a preliminary plat (Subsection 2.4.10(G) of this section). The procedures and requirements for submission and review of an application are established in Section 2.2, Common development review procedures.

(b)

Review and recommendation by PZB. After preparation of a staff report, public notification, and the scheduling of the public hearing, the application shall be referred to the PZB by the LDR Administrator. The PZB shall conduct a public hearing on the application in accordance with Section 2.3.1, Quasi-judicial public hearings. At the public hearing, the PZB shall consider the application, the relevant support materials, the staff report, the testimony and evidence given at the public hearing, and following the close of the public hearing, make a report to the City Commission recommending either to approve, approve with conditions, or deny the application based on the standards in Subsection 2.4.7(D)(4) of this section, Subdivision variance permit standards.

(c)

Review and action by the City Commission. After receipt of the PZB report, public notification, and the scheduling of a public hearing, the City Commission shall conduct a public hearing on the application in accordance with Section 2.3.1, Quasi-judicial public hearings. At the public hearing, the City Commission shall consider the application, the relevant support materials, the staff report, the recommendation of the PZB, and the testimony and evidence given at the public hearing. After the close of the public hearing, the City Commission shall approve, approve with conditions, or deny the application based on the standards in Subsection 2.4.7(D)(4) of this section), Subdivision variance permit standards.

(4)

Subdivision variance permit standards. A subdivision variance permit shall be approved only upon a finding that the applicant demonstrates all of the standards in Subsection 2.4.7(C)(4) of this section, Zoning variance permit standards.

(5)

Conditions of approval. In approving a subdivision variance permit, the LDR Administrator or decision-making body (as appropriate) may impose appropriate conditions on the permit approval in accordance with Section 2.2.14, Conditions of approval.

(6)

Recordation. The LDR Administrator or decision-making body (as appropriate) may require the applicant to record the subdivision variance permit with the Alachua County Clerk of Court. The subdivision variance permit shall be binding upon the landowners, their successors, and assigns and shall be noted in the subdividers agreement.

(7)

Subsequent development. Development authorized by the subdivision variance permit shall not be carried out until the applicant has secured all other permits required by these LDRs or any other applicable provisions of the City. A subdivision variance permit does not ensure that the development approved as a variance shall receive subsequent approval for other applications for development permit unless the relevant and applicable portions of these LDRs or any other applicable provisions are met.

(8)

Effect. Issuance of a subdivision variance permit shall authorize only the particular variance that is approved in the permit. A subdivision variance permit, including any conditions, shall run with the land and not be affected by a change in ownership. Land subject to an approved subdivision variance permit shall not be exempted from other relevant standards in these LDRs which are unrelated to the standard being varied.

(9)

Expiration.

(a)

Generally. The LDR Administrator or decision-making body (as appropriate) may prescribe a time limit within which development shall begin or be completed on the subdivision variance permit, or both. Failure to begin and/or complete such development within the time limit specified shall void the subdivision variance permit. Unless specified otherwise by the LDR Administrator or decision-making body (as appropriate), a subdivision variance permit shall automatically expire:

(i)

One year from the date of its issuance if the development authorized by the permit has not commenced, and no substantial construction, alteration, demolition, excavation, or other similar work is required by the permit; or

(ii)

If the development approved by the subdivision variance permit is discontinued and not resumed for a period of one year.

(b)

Extension. Upon written application submitted at least 30 days prior to the expiration of the permit period by the applicant, and upon a showing of good cause, the LDR Administrator or decision-making body (whichever approved the permit) may grant one extension not to exceed six months. The approval shall be deemed extended until the LDR Administrator or decision-making body (whichever approved the permit) has acted upon the request for extension. Failure to submit an application for an extension within the time limits established by this section shall result in the expiration of the subdivision variance permit.

(10)

Amendment. A subdivision variance permit may be amended, extended or modified only in accordance with the procedures and standards established for its original approval.

(E)

Floodplain development variances. The procedures and requirements for submission and review of an application for a floodplain development variance are established in Section 6.9.4(G), Floodplain development variances and appeals, of these LDRs.

2.4.8

Administrative adjustment.

(A)

Generally. This section sets out the procedures and standards for administrative adjustments, which are modifications of ten percent or less of any numeric dimensional standard in Table 5.1-1, Dimensional Standards in the Conservation and Agricultural Districts, Table 5.1-2, Dimensional Standards in the Residential Districts, and Table 5.1-3, Dimensional Standards in the Business Districts, except those related to maximum gross density.

(B)

Authority. The LDR Administrator is authorized to review and approve, approve with conditions, or deny an application for an administrative adjustment in accordance with this section.

(C)

Procedure.

(1)

Initial submission of application and staff review. The procedures and requirements for submission and review of an application are established in Section 2.2, Common development review procedures.

(2)

Review and action by LDR Administrator. The LDR Administrator shall review and take action on the application in accordance with the procedures and requirements of Section 2.2.13, Review by LDR Administrator.

(D)

Administrative adjustment standards. Administrative adjustments shall be approved upon a finding the applicant demonstrates all of the following standards are met:

(1)

Generally. The requested administrative adjustment is not inconsistent with the character of development in the surrounding area, and will not result in incompatible uses.

(2)

Mitigates adverse impacts. Any adverse impacts resulting from the administrative adjustment will be mitigated to the maximum extent practicable.

(3)

Technical nature. The administrative adjustment is of a technical nature (i.e., relief from a dimensional or design standard), and is either:

(a)

Required to compensate for some unusual aspect of the site or the proposed development that is not shared by landowners in general;

(b)

Supporting an objective or goal from the purpose and intent statements of the zone district where located; or

(c)

Proposed to save healthy existing trees.

(4)

Not substantially interfere with convenient and enjoyable use of adjacent land. The administrative adjustment will not substantially interfere with the convenient and enjoyable use of adjacent lands, and will not pose a danger to the public health or safety.

(E)

Conditions of approval. In approving an administrative adjustment, the LDR Administrator may grant a lesser modification than the maximum allowed by this section or requested by an applicant, and may impose appropriate conditions on the permit approval in accordance with Section 2.2.14, Conditions of approval.

(F)

Recordation. The LDR Administrator may require the applicant to record the administrative adjustment with the Alachua County Clerk of Court. The administrative adjustment shall be binding upon the landowners, their successors, and assigns.

(G)

Subsequent development. Development authorized by the administrative adjustment shall not be carried out until the applicant has secured all other permits required by these LDRs or any other applicable provisions of the City. An administrative adjustment shall not ensure that the development approved as an administrative adjustment receives subsequent approval for other applications for development unless the relevant and applicable portions of these LDRs or any other applicable provisions are met.

(H)

Effect. Issuance of an administrative adjustment shall authorize only the particular administrative adjustment that is approved in the permit. An administrative adjustment, including any conditions, shall run with the land and not be affected by a change in ownership.

(I)

Expiration.

(1)

Generally. The LDR Administrator may prescribe a time limit within which development shall begin or be completed on the administrative adjustment, or both. Failure to begin and/or complete such development within the time limit specified shall void the administrative adjustment. Unless specified otherwise by the LDR Administrator, a building permit shall be obtained for the development approved by the permit within 12 months from the date of approval of the administrative adjustment, and development shall be completed on the building permit within the time allowed under the City's building regulations, or the administrative adjustment shall expire and be void. In cases where a building permit is not required to establish the use, a certificate of LDR compliance (Subsection 2.4.15 of this section) shall be obtained within 12 months from the date of approval, or the administrative adjustment shall expire and be void.

(2)

Extension. Upon written application submitted at least 30 days prior to the expiration of the permit period by the applicant and upon a showing of good cause, the LDR Administrator may grant one extension not to exceed six months. The approval shall be deemed extended until the LDR Administrator has acted upon the request for extension. Failure to submit an application for an extension within the time limits established by this section shall result in the expiration of the administrative adjustment.

(J)

Amendment. An administrative adjustment may be amended, extended, or modified only in accordance with the procedures and standards established for its original approval.

(K)

Appeal of decision of LDR Administrator. Any person aggrieved or affected by a decision of the LDR Administrator may appeal such decision to the BOA in accordance with Subsection 2.4.20 of this section, Appeal of interpretation or decision by LDR Administrator.

2.4.9

Minor site plans, site plans, and infrastructure plans.

(A)

Purpose. Minor site plan, site plan, or infrastructure plan review is required to ensure that the layout and general design of proposed development is compatible and harmonious with surrounding uses and complies with the applicable standards of Article 6, Development Standards, Article 7, Subdivision Standards, and all other applicable provisions of these LDRs.

(B)

Applicability. All development, unless exempted in accordance with Section 2.4.9(C), Exemptions, or subject to review in accordance with Section 2.4.10, Subdivision, shall be required to have a minor site plan, site plan, or infrastructure plan approved in accordance with this section prior to issuance of a building permit or prior to the commencement of construction of any infrastructure approved in accordance with this section.

(1)

Minor site plans. The following development and activities shall be reviewed in accordance with Section 2.4.9(D)(2)(a), Review and action by LDR Administrator, on application for minor site plan. One or more of the following actions may be proposed as a part of an application for a minor site plan:

(a)

The addition of 1,000 square feet or less of total gross floor area to existing nonresidential buildings or mixed-use development.

(b)

The addition of 2,500 square feet or less of unenclosed building area.

(c)

The addition of impervious area to an existing nonresidential or mixed-use development which consists of ten percent or less of existing impervious area and does not exceed 5,000 square feet of new impervious area.

(d)

The reconfiguration of existing parking and loading areas, such as re-striping an existing parking lot area to reconfigure the on-site vehicular circulation pattern or designated parking and loading areas, which does not propose any new impervious surface area.

(e)

Change-outs of exterior light fixtures.

(f)

The addition of an accessory use or structure which affects the layout and configuration of a site.

(2)

Site plan consisting of building less than 80,000 square feet in area. Applications for a site plan consisting of a building less than 80,000 square feet in area shall be reviewed in accordance with the Section 2.4.9(D)(2)(b), Review and action by PZB on application for site plan consisting of building less than 80,000 square feet in area.

(3)

Site plan consisting of building greater than or equal to 80,000 square feet in area. Applications for a site plan consisting of a building greater than or equal to 80,000 square feet in area shall be reviewed in accordance with the Section 2.4.9(D)(2)(c), Review and recommendation by PZB and review and action by City Commission on application for site plan consisting of building greater than or equal to 80,000 square feet in area.

(4)

Infrastructure plan. Development which is comprised of public or private infrastructure, including but not limited to streets, sidewalks, multiuse paths or trails, and other transportation infrastructure, potable and reclaimed water systems, sanitary sewer systems, electric systems, natural gas lines, and stormwater systems, shall be reviewed in accordance with Section 2.4.9(D)(2)(d), Review and action by City Commission on application for infrastructure plan.

(C)

Exemptions. The following development shall be exempted from the requirements of this section (but is not exempted from Section 2.4.15, Certificate of LDR compliance, or the need to obtain a building permit):

(1)

Single-family development. Single-family development on a single lot.

(2)

Two-family to four-family development. Two-family to four-family dwelling development on a single lot.

(3)

Residential subdivisions. Minor and major subdivision (Section 2.4.10) for single-family residential subdivisions and two-family to four-family dwelling subdivisions.

(4)

Wireless antennas. Collocation of wireless antennas on an existing tower per F.S. § 365.172(12)(a)(1) and as further set forth in Section 4.3.2(I)(1)(f).

(5)

Minor utilities. Minor utilities as described in Section 10.2 of these LDRs.

(6)

Accessory uses added to existing development. Accessory uses as permitted in Section 4.4 which do not affect the layout or configuration of the site shall be subject to this exemption and shall be reviewed and approved in accordance with Section 2.4.15, Certificate of LDR Compliance. The application for a Certificate of LDR Compliance shall include a sketch plan as a supplement and must provide sufficient information to demonstrate that the accessory use complies with the provisions of Section 4.4, Accessory uses and structures, and any other applicable provisions of these LDRs.

(D)

Procedures.

(1)

Submission and review of application. The procedures and requirements for submission and review of an application are established in Section 2.2, Common development review procedures.

(2)

Review, recommendation, and action on application for minor site plan, site plan, or infrastructure plan.

(a)

Action by LDR Administrator on application for minor site plan. The LDR Administrator shall review the application in accordance with Section 2.2.13, Review by LDR Administrator.

(b)

Review and action by PZB on application for site plan consisting of building less than 80,000 square feet in area. After preparation of a staff report, public notification, and the scheduling of a public hearing on an application for a site plan consisting of a building less than 80,000 square feet in area, the PZB shall conduct a public hearing on the application in accordance with Section 2.3.1, Quasi-judicial public hearings. At the public hearing, the PZB shall consider the application, the relevant support materials, the staff report, and the testimony and evidence given at the public hearing. After the close of the public hearing, the PZB shall approve, approve with conditions, or deny the application based on the standards in Section 2.4.9(E)(1), Minor site plan and site plan standards.

(c)

Review and recommendation by PZB and review and action by City Commission on application for site plan consisting of building greater than or equal to 80,000 square feet in area.

(i)

Review and recommendation by PZB on application for site plan consisting of building greater than or equal to 80,000 square feet in area. After preparation of a staff report, public notification, and the scheduling of a public hearing on an application for a site plan consisting of a building greater than or equal to 80,000 square feet in area, the PZB shall conduct a public hearing on the application in accordance with Section 2.3.1, Quasi-judicial public hearings. At the public hearing, the PZB shall consider the application, the relevant support materials, the staff report, and the testimony and evidence given at the public hearing, and following the close of the public hearing, make a report to the City Commission recommending either to approve, approve with conditions, or deny the application based on the standards in Section 2.4.9(E)(1), Minor site plan and site plan standards. The PZB shall then forward the report to the City Commission.

(ii)

Review and action by City Commission on application for site plan consisting of building greater than or equal to 80,000 square feet in area. After receipt of the report from the PZB, public notification, and the scheduling of a public hearing on an application for a site plan consisting of a building greater than or equal to 80,000 square feet in area, the City Commission shall consider the application during a public hearing in accordance with Section 2.4.1, Quasi-judicial public hearings. At the public hearing, the City Commission shall review the application, the relevant support materials, the staff report, the report of the PZB, and the testimony given at the hearing. After the close of the hearing, the City Commission shall either approve, approve with conditions, or deny the application based on the standards in Section 2.4.9(E)(1), Minor site plan and site plan standards.

(d)

Review and action by City Commission on application for infrastructure plan. After preparation of a staff report, public notification, and the scheduling of a public hearing on an application for an infrastructure plan, the City Commission shall consider the application during a public hearing in accordance with Section 2.4.1 of this section, Quasi-judicial public hearings. At the public hearing, the City Commission shall consider the application, the relevant support materials, the staff report, and the testimony and evidence given at the public hearing. After the close of the public hearing, the City Commission shall either approve, approve with conditions, or deny the application based on the standards in Section 2.4.9(E)(2)(a)—(e), Infrastructure plan standards.

(E)

Minor site plan, site plan, and infrastructure plan standards. Minor site plans, site plans, and infrastructure plans shall comply with the standards below.

(1)

Minor site plan and site plan standards. A minor site plan or site plan shall be approved only upon a finding the applicant demonstrates all of the following standards are met:

(a)

Consistency with Comprehensive Plan. The development and uses proposed by the minor site plan or site plan comply with the goals, objectives and policies of the Comprehensive Plan.

(b)

Use allowed in zone district. The use is allowed in the zone district in accordance with Article 4, Use Regulations.

(c)

Zone district use specific standards. The development and uses proposed by the minor site plan or site plan comply with Section 4.3, Use specific standards.

(d)

Development and design standards. The development proposed by the minor site plan or site plan and its general layout and design comply with all applicable standards in Article 6, Development Standards.

(e)

Subdivision standards. In cases where a subdivision has been approved or is pending, the development proposed by the minor site plan or site plan and its general layout and design comply with all applicable standards in Article 7, Subdivision Standards.

(f)

Complies with all other relevant City laws, ordinances, regulations, requirements, and State and Federal laws and regulations. The proposed development and use complies with all other relevant City laws, ordinances, regulations, requirements, and with all State and Federal laws and regulations.

(2)

Infrastructure plan standards. An infrastructure plan shall be approved only upon a finding the applicant demonstrates the standards set forth in Sections 2.4.9(E)(2)(a)—(e) are met:

(a)

Consistency with Comprehensive Plan. The infrastructure plan complies with all applicable goals, objectives and policies of the Comprehensive Plan.

(b)

Development and design standards. The infrastructure plan and its general layout and design comply with all applicable standards in Article 6, Development Standards.

(c)

Subdivision standards. The infrastructure plan complies with all applicable layout and design and standards in Article 7, Subdivision Standards, including but not limited to block layout, street arrangement and design, and utility improvements.

(d)

Complies with all other relevant laws, ordinances, regulations and local requirements. The proposed infrastructure plan complies with all other relevant City laws, ordinances, regulations, and requirements, and with all State and Federal laws and regulations.

(e)

Dedication of public right-of-way. Public right-of-way shall be conveyed to the City by deed. The conveyance of public right-of-way shall be approved by the City Commission upon a finding that:

(i)

All public and private infrastructure improvements have been completed in accordance with the approved infrastructure plan, all City laws, ordinances, and design standards, and are functional.

(F)

Conditions of approval. In approving a minor site plan, site plan, or infrastructure plan, the LDR Administrator, PZB, and City Commission, as applicable, may impose appropriate conditions on the permit approval in accordance with Section 2.2.14, Conditions of approval.

(G)

Expiration.

(1)

Generally. The LDR Administrator, PZB, and City Commission, as applicable, may prescribe a time limit within which development shall begin or be completed, or both. Failure to begin and/or complete such development within the time specified shall void the minor site plan, site plan, or infrastructure plan. A change in ownership of the land does not affect the timeframes related to minor site plan, site plan, or infrastructure plan expiration. Unless specified by the LDR Administrator, PZB, or City Commission, as applicable, a minor site plan, site plan, or infrastructure plan approval shall automatically expire:

(a)

At the end of 12 months after the date of its approval if a building permit for at least one building in the development proposed in the minor site plan or site plan is not approved; or

(b)

If a building permit for any other building associated with the minor site plan or site plan is not obtained within three years after the date of its approval; or

(c)

At the end of 12 months after the date of infrastructure plan approval if the construction of infrastructure associated with the infrastructure plan has not commenced.

(2)

Extension. Upon written application submitted by the applicant at least 30 days prior to the expiration of the minor site plan, site plan, or infrastructure plan and upon a showing of good cause, the LDR Administrator, PZB, or City Commission, as applicable, may grant one extension not to exceed 12 months. The approval shall be deemed extended until the LDR Administrator, PZB, or City Commission has acted upon the request for extension. Failure to submit an application for an extension within the time limits established by this section shall render the minor site plan, site plan, or infrastructure plan void.

(H)

Amendments. A minor site plan, site plan, or infrastructure plan may be amended or extended only in accordance with the procedures and standards established for its original approval. Minor structural, material, or dimensional modifications, including but not limited to the relocation or substitution of landscaping materials, limited architectural modifications, minor deviations in the size of a structure, or minor deviations of the dimensions of improvements (i.e., parking, drive aisle width, etc.) may be administratively granted by the LDR Administrator or designee. Such modifications shall meet the requirements of these LDRs, in the sole discretion of the LDR Administrator or designee, and shall not affect any condition of the minor site plan, site plan, or infrastructure plan approval. Any proposed modifications to a minor site plan, site plan, or infrastructure plan deemed by the LDR Administrator, in his or her sole discretion, to be inconsistent with the procedures for administrative modification shall be amended in accordance with the procedures and standards established for its original approval.

(I)

Appeal of decision on application for minor site plan or for site plan consisting of building less than 80,000 square feet in area.

(1)

Appeal of LDR Administrator decision on application for minor site plan. Any person aggrieved or affected by a decision of the LDR Administrator regarding an application for a minor site plan may appeal such decision to the Board of Adjustment in accordance with Section 2.4.20, Appeal of interpretations or decisions by LDR Administrator.

(2)

Appeal of PZB decision on application for site plan consisting of building less than 80,000 square feet in area. Any person aggrieved or affected by a decision of the PZB regarding an application for a site plan consisting of a building less than 80,000 square feet in area may appeal such decision to the City Commission in accordance with Section 2.4.21, Appeal of decisions of the Planning and Zoning Board.

(J)

Limitation on frequency of minor site plan approval. Following the approval of a minor site plan, no additional minor site plans shall be approved for any other development on the subject property for a period of 12 months from the date of the approval of the minor site plan.

2.4.10

Subdivision.

(A)

Purpose. The purpose of this section and Article 7, Subdivision Standards, are to promote the health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of the City by:

(1)

Orderly growth and development. Providing for the orderly growth and development of the City, and discourage haphazard, premature, or scattered development.

(2)

Coordinating streets and roads with City's planned street system and other public facilities. Coordinating streets and roads within proposed subdivisions with the City's planned street system, and with other public facilities.

(3)

Right-of-way for streets and utilities. Providing adequate right-of-way easements for streets and utilities.

(4)

Safe and convenient transportation. Encouraging the proper arrangement of streets in relation to existing or planned streets to provide safe and convenient movement for all modes of transportation.

(5)

Open space and recreation facilities. Ensuring there is adequate open space and recreation facilities to serve development.

(6)

Proper land records. Ensuring there is proper recordation of landownership records.

(7)

Prevent flooding. Preventing periodic and seasonal flooding by providing adequate flood control and drainage facilities while minimizing development in flood prone areas.

(8)

Protect health, safety, and welfare. Ensuring the provision of such other matters as the City Commission may deem necessary in order to protect the general health, safety and welfare of the City.

(B)

Applicability.

(1)

Generally. The following development, unless exempted in accordance with Section 2.4.10(B)(3), Exemptions, is required to have land subdivided in accordance with the procedures and standards of this section prior to the transfer of title or sale of any lots, or the issuance of a building permit for development.

(a)

The division of land into three or more lots, building sites, or other divisions for the purpose of immediate or future sale, lease, or building development;

(b)

All divisions of land involving a new street or change in existing streets;

(c)

Resubdivision involving the further division or relocation of lot lines of any lot or lots within an already approved subdivision; and

(d)

The combination or consolidation of lots of record.

(2)

Overview of development permits required.

(a)

Every subdivision of land is classified as either:

(1)

A minor subdivision; or

(2)

A major subdivision.

A final plat shall be approved by the City Commission and recorded in the Official Records of Alachua County for a subdivision prior to the transfer of title or sale of any lots for the land subject to subdivision.

(b)

For nonresidential subdivisions, an application for a site plan (Section 2.4.9 of this section) approval may run concurrently with an application for construction plans or an application for a final plat. A nonresidential subdivision is not required to show the division of any land into lots or parcels, but shall show all streets and other required public and private infrastructure improvements.

(3)

Exemptions. The following development shall be exempt from the requirements of this section:

(a)

Lot split. A lot split, consisting of a division of a lot of record into no more than two lots, as long as the lot area complies with the dimensional standards of these LDRs. This exemption does not apply to lots within an existing platted subdivision.

(b)

Land for widening or opening streets. The public acquisition by purchase of strips of land for the widening or opening of new streets.

(c)

Partition of land by court. The partition of land by court decree.

(d)

Transfer by sale or gift. The transfer of property without subdivision by sale, gift, succession, or for the purposes of dissolving tenancy in common among tenants.

(e)

Nonresidential and/or multifamily development. A development consisting of multifamily uses, nonresidential uses, or mixed-use which requires site plan review pursuant to Section 2.4.9 of these LDRs. Such development shall not conflict with the requirements of Chapter 177, Part I, Florida Statutes, and shall not constitute a division, resubdivision, or combination/consolidation as defined in Section 2.4.10(B)(1)(a)—(d). Site plans for such development shall indicate the location and specifications of all utility infrastructure, including but not limited to water, wastewater, and electrical facilities, serving the development. This exemption shall not preclude a developer from subdividing a nonresidential, mixed-use, or multifamily development pursuant to this Section 2.4.10.

(f)

Development of public or private infrastructure only. Development which is comprised of public or private infrastructure, including but not limited to streets, sidewalks, multiuse trails or paths, and other transportation infrastructure, potable and reclaimed water systems, sanitary sewer systems, electric systems, natural gas lines, and stormwater systems, as set forth in Section 2.4.9(B)(4). Such development shall not propose the creation of any lots, shall not conflict with the requirements of Chapter 177, Part 1, Florida Statutes, and shall not constitute a division, resubdivision, or combination/consolidation as defined in Section 2.4.10(B)(1)(a)—(d).

(g)

Existing nonresidential and/or multifamily development. Existing nonresidential, mixed-use, or multifamily development when the development:

(1)

Has received approval of a site plan or infrastructure plan pursuant to Section 2.4.9 of these LDRs;

(2)

All public and private utility infrastructure approved by the site plan or infrastructure plan has been constructed; and

(3)

All public utility infrastructure has been approved and accepted by the applicable entity.

(h)

Roadway improvement projects identified in long range transportation plan. Roadway improvement projects involving the creation, relocation, or extension of a street or modifications to streets that are 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.

(i)

Residential development in the CP zoning district. Residential development in the Corporate Park (CP) zoning district which shall remain in common ownership shall be reviewed pursuant to Section 2.4.9, Minor site plans, site plans, and infrastructure plans, of these LDRs. Such development shall not conflict with the requirements of Chapter 177, Part I, Florida Statutes, and shall not constitute a division, resubdivision, or combination/consolidation as defined in Section 2.4.10(B)(1)(a)—(d). Site plans for such development shall indicate the location and specifications of all utility infrastructure, including but not limited to water, wastewater, and electrical facilities, serving the development.

(C)

Subdivision name. Every subdivision shall be given a name by which it shall be legally known. Such name shall not be the same or similar to a subdivision name appearing on another recorded plat within the County so as to confuse the records or to mislead the public as to the identity of the subdivision, except when the subdivision is subdivided as an additional unit or section by the same subdivider or the subdivider's successors in title. The name of the subdivision shall be shown in the dedication and shall coincide exactly with the subdivision name. The City Commission shall have final authority to approve the names of subdivisions.

(D)

Vacation or annulment.

(1)

Generally. The vacation and annulment of plats shall be in accordance with the requirements of Chapter 177, Part 1, Florida Statues. If a replat has been filed, a plat vacation under this section is not required.

(2)

Required findings. Vacation of a subdivision shall be based on a finding by the City Commission that the proposed vacation and reversion to acreage of subdivided land is consistent with the Comprehensive Plan and furthers the interest of the public.

(3)

Retention of access. No owner of land in a subdivision shall be deprived by the vacation of reasonable access to existing development in the subdivision. Plat vacation shall not result in the landlocking of any developed properties.

(E)

Preparation of plats. All final plats shall be prepared by a surveyor registered in the State of Florida and preliminary plats and construction plans and specifications for required improvements shall be prepared by an engineer registered in the State of Florida. The subdivider shall present documentation to the LDR Administrator certifying that the subdivider has employed a registered surveyor and a registered engineer in the preparation of these documents.

(F)

Minor subdivision.

(1)

Generally. Excluding subdivisions exempted by Subsection 2.4.10(B)(3) of this section, Exemptions, minor subdivisions constitute:

(a)

The subdivision of land into six or fewer lots, provided that:

(i)

No new streets, alleys, or other public ways are created;

(ii)

No changes are made to the existing rights-of-way of any streets, alleys or other public ways;

(iii)

No new utilities are required to serve the subdivided land;

(iv)

The division of land complies with the standards of Article 7, Subdivision Standards;

(v)

No flag lot is created; and

(vi)

The lots have direct access onto an improved street that has been accepted for maintenance by the appropriate jurisdiction or is maintained by a Property Owners Association.

(b)

Revisions of single lots within an existing platted subdivision.

(c)

The subdivision of land into 50 or fewer single-family detached or attached lots where a minimum of 25 percent of the lots are restricted for affordable housing for low-income residents.

(2)

Procedure. Minor subdivisions shall be exempted from the requirements for a preliminary plat (Section 2.4.10(G)(3)), and construction plans (Section 2.4.10(G)(4)) but shall be required to obtain final plat approval in accordance with the procedure below:

(a)

Preapplication conference, application submission, review, public notification, and scheduling hearing. The procedures and requirements for submission and review of an application are established in Section 2.2, Common development review procedures.

(b)

Review and recommendation by PZB. After preparation of a staff report, public notification, and the scheduling of the public hearing, the application shall be referred to the PZB by the LDR Administrator. The PZB shall conduct a public hearing on the application in accordance with Section 2.3.1, Quasi-judicial public hearings. At the public hearing, the PZB shall consider the application, the relevant support materials, the staff report, the testimony given at the public hearing, and following the close of the public hearing, make a report to the City Commission recommending either to approve, approve with conditions, or deny the application based on the standards in Section 2.4.10(F)(3), Minor subdivision standards. The PZB shall then forward the report to the City Commission.

(c)

Review and action by City Commission. After receipt of the report from the PZB, public notification, and the scheduling of the public hearing, the City Commission shall consider the application during a public hearing conducted in accordance with Section 2.3.1, Quasi-judicial public hearings. At the hearing, the City Commission shall review the application, the relevant support materials, the staff report, the report of the PZB, and the testimony given at the hearing. After the close of the hearing, the City Commission shall either approve the application for a minor subdivision, modify or approve the application with conditions, or deny the application, based on the standards of Section 2.4.10(F)(3), Minor subdivision standards.

(3)

Minor subdivision standards. A minor subdivision shall be approved on a finding that the application complies with the standards in Article 7, Subdivision Standards, all other relevant provisions of these LDRs, and all other relevant City ordinances and regulations.

(4)

Recordation.

(a)

The subdivider shall file an approved minor subdivision with the Alachua County Clerk of Court for recording within 45 days after the date of approval and prior to the recording of any individual deeds for the subdivided lots, or the minor subdivision approval shall be null and void.

(b)

If the subdivider places restrictions on land in the subdivision greater than those required by these LDRs, such restriction shall be indicated in the documents recorded with the minor subdivision recorded with the Alachua County Clerk of Court.

(5)

Amendments. A minor subdivision may be amended, extended, or modified only in accordance with the procedures and standards established for its original approval.

(G)

Major subdivision.

(1)

Applicability. The standards and procedures of this subsection shall apply to all subdivision of land not exempted in accordance with Section 2.4.10(B)(3), Exemptions, or considered a minor subdivision in accordance with Section 2.4.10(F), Minor subdivision. It requires approval of a preliminary plat, construction plan and final plat.

(2)

Process. A major subdivision shall be reviewed in three consecutive steps. The first step is review and approval of the preliminary plat (Section 2.4.10 (G)(2)). The second step is review and approval of the Construction Plans (Section 2.4.10(G)(4)). The third step is preparation of the subdivider's agreement and review and approval of the final plat (Sections 2.4.10(G)(4) and (5)). A final plat may be submitted and reviewed concurrently with the submittal and review of construction plans, but shall not be considered by the City Commission before the approval of construction plans.

(3)

Preliminary plat.

(a)

Generally. A preliminary plat establishes the general layout and design for the subdivision. Upon the approval of a preliminary plat, detailed plans for street construction, utility line installations, and similar approvals shall be prepared and approved for construction plans. Building permits may not be issued before approval of a final plat.

(b)

Preapplication conference, application submission, review, public notification, and scheduling hearing. The procedures and requirements for submission and review of an application are established in Section 2.2, Common development review procedures.

(c)

Review and recommendation by PZB. After preparation of a staff report, public notification, and the scheduling of the public hearing, the application shall be referred to the PZB by the LDR Administrator. The PZB shall conduct a public hearing on the application in accordance with Section 2.3.1, Quasi-judicial public hearings. At the public hearing, the PZB shall consider the application, the relevant support materials, the staff report, the testimony given at the public hearing, and following the close of the public hearing, make a report to the City Commission recommending either to approve, approve with conditions, or deny the application based on the standards in Section 2.4.10(G)(3)(e), Preliminary plat standards. The PZB shall then forward the report to City Commission.

(d)

Review and action by City Commission. After receipt of the report from the PZB, public notification, and the scheduling of the public hearing, the City Commission shall consider the application during a public hearing conducted in accordance with Section 2.3.1, Quasi-judicial public hearings. At the hearing, the City Commission shall review the application, the relevant support materials, the staff report, the report of the PZB, and the testimony given at the hearing. After the close of the hearing, the City Commission shall either approve the application for a preliminary plat, modify or approve the application with conditions, or deny the application, based on the standards of Section 2.4.10(G)(3)(e), Preliminary plat standards.

(e)

Preliminary plat standards. A preliminary plat shall be approved upon a finding the application complies with the standards in Article 7, Subdivision Standards, all other relevant provisions of these LDRs, and all other relevant City ordinances and regulations.

(f)

Conditions. In approving a preliminary plat, the City Commission may impose appropriate conditions on the permit approval in accordance with Section 2.2.14, Conditions of approval.

(g)

Effect of approval. Approval of a preliminary plat shall constitute approval of the development with the general lot shapes and alignments of streets identified on the preliminary plat. Approval of a preliminary plat allows the subdivider to submit construction plans for review (Section 2.4.10(G)(4)). Approval of a preliminary plat does not constitute approval of a final plat. The preliminary plat shall run with the land.

(h)

Expiration.

(i)

For subdivisions that are being developed in a single phase, the approval of a preliminary plat shall be valid until the latter of:

a.

Thirty-six months following original approval of the preliminary plat by the City Commission; or,

b.

Twelve months following the approval of construction plans for all or a portion of the preliminary plat.

(ii)

For subdivisions that are being developed in more than one phase, the approval of a preliminary plat shall be valid until the latter of:

a.

Thirty-six months following original approval of the preliminary plat by the City Commission;

b.

Twelve months following the approval of construction plans for all or a portion of the preliminary plat; or

c.

Twenty-four months following approval of a final plat that includes at least 20 percent of the number of lots approved by the preliminary plat.

(iii)

Notwithstanding the provisions of Section 2.4.10(G)(2)(i), a preliminary plat for a subdivision being developed in a single phase shall in no case be valid for a period of more than five years from the original date of approval by the City Commission and a preliminary plat for a subdivisions being developed in more than one phase shall in no case be valid for a period of more than eight years from the original date of approval by the City Commission.

(i)

Extension. Upon written application submitted at least 30 days prior to the expiration of the permit period by the applicant and upon a showing of good cause, the City Commission may grant up to two extensions not to exceed 12 months each. The approval shall be deemed extended until the City Commission has acted upon the request for extension. Failure to submit an application for an extension within the time limits established by this section shall render the preliminary plat void.

(j)

Amendment. A preliminary plat may be amended, extended, or modified only in accordance with the procedures and standards established for its original approval other than those minor amendments listed below, which may be approved by the Land Development Regulations Administrator. Such amendments must meet all other requirements of the City's Land Development Regulations and Comprehensive Plan. Minor amendments to the preliminary plat include:

(i)

Reduction or increase of total number of lots by not more than five percent of original approved amount;

(ii)

Modification to lot dimensions and sizes for no more than 15 percent of the total number of approved lots; and

(iii)

Shifts of right-of-way, streets, stormwater basins or other infrastructure not more than 40 feet from original approved locations.

(4)

Construction plans.

(a)

Generally. Construction plans shall be submitted in accordance with this section. Construction plans are engineered drawings depicting the precise design, location, and profile of all public facilities proposed for development of the subdivision, including, but not limited to, streets, street markings, street signs, sidewalks, public pedestrian pathways or trails, potable water lines, sanitary sewer lines, public utility meter locations, storm drains, fire suppression systems, and locations of conduit crossings for private utilities. Construction plans shall be submitted 60 days prior to expiration of the preliminary plat.

(b)

Initial submission of application and staff review. The procedures and requirements for submission and review of an application for construction plans are established in Section 2.2, Common development review procedures.

(c)

Review and action by LDR Administrator. The LDR Administrator shall review and take action on the construction plans in accordance with Section 2.2.13, Review by LDR Administrator.

(d)

Construction plan standards. Construction plans shall be in substantial conformance with the approved valid preliminary plat (Section 2.4.10(G)(3)), the standards in Article 7, Subdivision Standards, and City construction standards.

(e)

Effect of approval. Approval of construction plans allows a subdivider to proceed with submittal of the final plat. If a final plat has been submitted and reviewed concurrently with the construction plans as provided for in Section 2.4.10(G)(2), Process, approval of the construction plans allows the final plat to proceed to consideration by the City Commission.

(f)

Amendment. Construction plans may be amended, extended, or modified only in accordance with the procedures and standards established for its original approval.

(g)

Appeal to Board of Adjustment. A decision on construction plans may be appealed to the Board of Adjustment in accordance with the procedures of Section 2.4.20, Appeal of interpretation or decision by LDR Administrator.

(5)

Subdivider's agreement.

(a)

Concurrent with the approval of a final plat, the City shall enter into an agreement with the subdivider. This subdivider agreement shall include, but not be limited to, provisions for installing the required construction and public and private infrastructure improvements to completion; the developing of the subdivision in phases, if applicable; and proportionate share costs of potable water facilities, wastewater facilities, transportation facilities, and stormwater management facilities which may be required to be installed at a larger size or capacity to serve the subdivision as well as a larger geographic area or population.

(b)

The subdivider agreement shall include, but is not limited to, the following:

(i)

The public and private infrastructure improvements to be done and the time specified for the installation of public and private infrastructure improvements, by the subdivider.

(ii)

The variances, if any, approved by the City Commission to the subdivision regulations contained in Article 7.

(iii)

The participation in the installation of infrastructure beyond the capacities needed by the subdivision, if any, by the City Commission and the time for completion of such work.

(iv)

The agreement of the subdivider to post a surety device in accordance with Section 7.4, Improvement guarantees for public improvements, if improvements are proposed to be completed after final plat recordation.

(v)

The agreement of the subdivider to post a surety device in accordance with Section 6.10, Improvement guarantees for private improvements, if improvements are proposed to be completed after final plat recordation.

(vi)

The agreement of the subdivider to maintain and repair all improvements which these LDRs require the subdivider to install in the subdivision for a period of one year after the completion of the same, in accordance with Section 6.10.4, Maintenance guarantees, and Section 7.8, Maintenance.

(vii)

Anything else the City deems necessary to ensure compliance with the Comprehensive Plan, LDRs and other applicable rules and regulations.

(6)

Final plat.

(a)

Generally. Concurrent with the preparation of a subdivider agreement and the posting of a surety device for the private improvements in accordance with Section 6.10, Improvement guarantees for private improvements if improvements are proposed to be completed after final plat recordation and the posting of a surety device for the public improvements in accordance with Section 7.4, Improvement guarantees for public improvements, if improvements are proposed to be completed after final plat recordation, the subdivider shall submit a final plat for review in accordance with this section.

(b)

Initial submission of application and staff review. The procedures and requirements for submission and review of an application for final plat for subdivision are established in Sections 2.2, Common development review procedures.

(c)

Action by City Commission. After public notification and the scheduling of the public hearing, the City Commission shall consider the application and approve or disapprove the application based on the standards of Section 2.4.10(G)(6)(d), Final plat standards.

(d)

Final plat standards. The final plat for subdivision shall:

(i)

Comply with the standards contained in Article 7, Subdivision Standards;

(ii)

Be in substantial conformance with the valid preliminary plat, and the construction plans;

(iii)

Be consistent with all other relevant provisions of these LDRs;

(iv)

Be consistent with all other relevant City ordinances, regulations, and requirements;

(v)

Address the provision of required public and private improvements in the following ways:

a.

Preparation of a subdivider agreement in accordance with Section 2.4.10(G)(5), Subdivider agreement;

b.

Provided to the City a surety device in accordance with Section 6.10, Improvement guarantees for private improvements, if improvements are proposed to be completed after final plat recordation, and provided to the City a surety device in accordance with Section 7.4, Improvement guarantees for public improvements, if improvements are proposed to be completed after final plat recordation;

(vi)

Include the following certificates, which shall be signed by the subdivider and the LDR Administrator:

a.

Certificate of subdivider's surveyor;

b.

Certificate of City's review surveyor;

c.

Certificate of approval by County Health Department, if applicable;

d.

Certificate of approval by the Attorney for the City;

e.

Certificate of approval by the City Commission; and

f.

Certificate of filing with the Alachua County Clerk of Court.

(e)

Recordation. The subdivider shall file the approved final plat for subdivision with the Alachua County Clerk of Courts in accordance with the following requirements:

(i)

If the subdivider proposes to complete the improvements after final plat recordation, the subdivider shall file the plat in the Public Record within five days of approval of the final plat or the final plat shall be null and void;

(ii)

If the subdivider proposes to complete the improvements prior to final plat recordation, the City shall release the signed plat for recording to the subdivider following the issuance of a Certificate of Completion as set forth in Section 2.4.10(G)(8)(a). The subdivider shall file the plat in the Public Records of Alachua County within 545 days after the date of approval of the final plat or the final plat shall be null and void. Upon showing of good cause by the subdivider, the City Commission may provide extensions. In no cases shall the extensions total more than 365 days.

(iii)

No transfer of title or sale of any lots for the land subject to the subdivision shall occur until the final plat has been filed.

(f)

Completion of required public and private improvements prior to issuance of certificate of occupancy. Public and private improvements shall be completed in accordance with the terms and conditions of the subdivider agreement, inspected, and approved in accordance with Section 2.4.10(G)(7), Inspection of public and private improvements, prior to the issuance of the first certificate of occupancy for development within the subdivision.

(g)

Effect of final plat. The approval of a final plat shall not be deemed to constitute or affect the acceptance by the City of the dedication of any street, public utility line, or other public facility within or serving the subdivision. Upon satisfactory completion of the one-year warranty period (Section 2.4.10(G)(8)), streets, utility lines, and other public improvements shall be accepted by the City. However, the City may by resolution accept any dedication of lands or facilities for streets, parks, or public utility lines. The City has no obligation to improve any street even after acceptance of dedication.

(7)

Inspection of public and private improvements.

(a)

Following the execution of a subdivider agreement (Section 2.4.10(G)(5)), the subdivider may construct and install all required public and private improvements in accordance with the construction plans and the terms and conditions of the subdivider agreement. Following construction, the subdivider shall submit a request for inspection of public and private improvements to the Public Services Director.

(b)

The Public Services Director shall have 60 days after the request for inspection to cause the inspections to be performed and receive certification that the public and private improvements are constructed in accordance with the requirements of these LDRs or to provide the subdivider with a list specifying all defects, deficiencies, and required repairs.

(c)

The subdivision's engineer of record shall submit a certified cost of construction for public and private improvements subject to inspection. This certified cost of construction shall be the basis for the amount of the surety device for the warranty period.

(8)

Warranty period following passing inspection.

(a)

Following approval of required public and private improvements in accordance with this section, a one-year warranty period begins. The subdivider shall be responsible for making all repairs so long as notice is sent or delivered to the subdivider within the one year warranty period. Following the warranty period, the subdivider shall request a final inspection of the improvements by the Public Services Director, who shall have 60 days to complete the final inspection. Upon completion of the final inspection. The Public Services Director shall provide the subdivider with a final inspection report which identifies any needed repairs. The warranty period shall be extended until the Public Services Director has determined no further repairs are needed. Upon completion of all needed repairs and the correction of any deficiencies, the subdivider shall request an inspection of the repairs by the Public Services Director, who shall have 30 days to complete the inspection of the repairs. Upon the determination of the Public Services Director that the improvements have been constructed in accordance with the construction plans and no further repairs are needed to the improvements, the Public Services Director shall issue a Certificate of Completion affirming the improvements have been constructed in accordance with the construction plans. As-built drawings of all infrastructure shall be submitted prior to acceptance of full maintenance responsibility.

(b)

Within 60 days of the Public Services Director's determination that the improvements have been constructed in accordance with the infrastructure plan and no repairs are needed to the improvements, the City Commission shall formally accept the public infrastructure. Following the acceptance of the public infrastructure, the City shall return any the balance of the surety instrument provided for the warranty period.

(c)

Nothing in these LDRs shall be construed as meaning that the City Commission shall take over for maintenance any road, street, utility, public parking or other public area, or stormwater management facilities related thereto, except those designed and built in accordance with the requirements of this section, other City laws, ordinances, and design standards, that are expressly accepted for maintenance by specific action of the City Commission.

State Law reference— Provisions to regulate subdivision of land required, F.S. § 163.3202(2)(a).

2.4.11

Sign permit.

(A)

Purpose and applicability. Signs regulated by Section 6.5, Signage, but not covered by the provisions of general sign permits, shall be erected, installed, or created only in accordance with a duly issued and valid sign permit from the Land Development Regulations Administrator. Such a permit shall be issued only in accordance with the following requirements and procedures.

(B)

Sign permit procedure. An application for construction, creation, or installation of a new sign or for a modification of an existing sign shall be accompanied by detailed drawing to show the dimensions, design, structure, and location of each particular sign. One application and permit may include multiple signs on the same development site.

(1)

All applications for sign permits of any kind shall be submitted to the building official on an application form provided by the building official or in accordance with application specifications published by the building official.

(2)

Each application for a sign permit shall be accompanied by the applicable fees, which shall be established by the City Commission from time to time by resolution.

(3)

Within five business days of receiving an application for a sign permit, the LDR Administrator shall review it for completeness. If the LDR Administrator finds that it is complete, the application shall then be processed. If the LDR Administrator finds that it is incomplete, the LDR Administrator shall within such five-day period, send to the applicant a notice of the specific ways in which the application is deficient, with appropriate references to the application subsections of this section or to the application form or application specifications provided by the building official.

(4)

Within seven days of the acceptance of a complete application for a sign permit, the LDR Administrator shall either:

(a)

Issue the sign permit, if the signs that are the subject of the application conform in every respect to this section and other provisions of the LDRs and the Florida Building Code; or

(b)

Deny the sign permit if the signs that are the subject of the application fails in any way to conform to this section or other applicable provisions of the LDRs or the Florida Building Code. In case of a denial, the LDR Administrator shall specify in the notice of rejection the subsections of this section or other applicable portions of the LDRs or Florida Building Code with which the signs are not consistent.

(C)

General sign permit granted. A general sign permit is granted for the following types of signs or activities in any district (unless expressly stated otherwise), provided the signs are erected and maintained in compliance with the standards of this section and the standards for the district in which the sign is located.

(1)

Temporary signs allowed under Section 6.5.5, Temporary signs allowed, except for accessory signs for new development and temporary banners, shall be erected in conformance with this section.

(2)

The changing of copy on any existing sign.

(3)

Performing required or routine maintenance on a sign, except that this general sign permit shall not waive the requirement to obtain building or electrical permits when the nature of the work requires such permits under the Florida Building Code.

(4)

Traffic signs, such as "Stop" and "Yield" signs, where such signs conform to the standards of the Federal Highway Administration's (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) adopted by the State of Florida as Rule 14-15.010, F.A.C., and the Standard Highway Signs, English edition, 2004, and bear no commercial message.

(5)

On-site signs providing directions to distinct subareas or use areas of a large development or other information, provided that such signs shall:

(a)

Not have any message that is legible from a public street or sidewalk;

(b)

Not exceed six square feet in sign area, four feet in length, and eight feet above grade; and

(c)

Shall be located at least 150 feet from any other private directional sign on the same lot or site.

(6)

Incidental signs, such as wall signs or freestanding signs of less than two square feet providing information or instructions, such as "Exit," "Restrooms," "Telephone," or "No Trespassing." If freestanding, such incidental signs shall not be more than three feet in height.

State Law reference— Provisions to regulate signage required, F.S. § 163.3202(2)(f).

2.4.12

Temporary use permit.

(A)

Applicability. The provisions of this subsection shall apply to all proposed temporary uses as set forth in Section 4.5, Temporary uses and structures.

(B)

Procedure.

(1)

Submission and review of application. The procedures and requirements for submission and review of an application are established in Section 2.2, Common development review procedures.

(2)

Action by LDR Administrator. The LDR Administrator shall review the application in accordance with Section 2.2.13, Review by LDR Administrator.

(C)

Temporary use standards. A temporary use permit shall be approved upon a finding the temporary use, as proposed, complies with the relevant standards in Section 4.5, Temporary uses and structures.

(D)

Conditions of approval. In approving a temporary use permit, the LDR Administrator may impose appropriate conditions on the permit approval in accordance with Section 2.2.14, Conditions of approval.

(E)

Expiration. A temporary use permit shall be effective beginning on the date specified in the permit approval, and shall remain effective for the period indicated on the permit.

(F)

Amendment. A temporary use permit may be amended, extended or modified only in accordance with the procedures and standards established for its original approval.

(G)

Appeal of decision of LDR Administrator. Any person aggrieved or affected by a decision of the LDR Administrator may appeal such decision to the BOA in accordance with Subsection 2.4.20 of this section, Appeal of interpretations or decisions by LDR Administrator.

2.4.13

Special event permit.

(A)

Applicability. The provisions of this section shall apply to all proposed special events as set forth in Section 4.6, Special events.

(B)

Procedure.

(1)

Submission and review of application. The procedures and requirements for submission and review of an application are established in Section 2.2, Common development review procedures.

(2)

Action by LDR Administrator. The LDR Administrator shall review the application in accordance with Section 2.2.13, Review by LDR Administrator.

(C)

Special event permit standards. A special event permit shall be approved upon a finding the special event, as proposed, complies with the relevant standards in Section 4.6, Special events.

(D)

Conditions of approval. In approving a special event permit, the LDR Administrator may impose appropriate conditions on the permit approval in accordance with Section 2.2.14, Conditions of approval.

(E)

Expiration. A special event permit shall be effective beginning on the date specified in the permit approval, and shall remain effective for the period indicated on the permit.

(F)

Amendment. A special event permit may be amended, extended or modified only in accordance with the procedures and standards established for its original approval.

(G)

Appeal of decision of LDR Administrator. Any person aggrieved or affected by a decision of the LDR Administrator may appeal such decision to the BOA in accordance with Subsection 2.4.20 of this section, Appeal of interpretation or decision by LDR Administrator.

2.4.14

Certificate of concurrency compliance.

(A)

Purpose. The purpose of this section is to provide a mechanism for reviewing applications for development approval to ensure that no development order is issued unless there is adequate public facility capacity for roads, sanitary sewer, solid waste, stormwater management, potable water, or recreation facilities. This purpose is accomplished by establishing:

(1)

A regulatory program that ensures the adopted level of service (LOS) standard for each public facility is available to serve development concurrent with the impacts of development; and

(2)

A management and monitoring system is established to evaluate and coordinate the timing and provision of the necessary public facilities to service development.

(B)

Applicability. Unless exempted by Subsection 2.4.14(C) of this section, Exemptions, the provisions of this section shall apply to all development orders specified in Subsection 2.4.14(D) of this section, Overview of certificates. A separate certificate of concurrency compliance shall not be required for each permit approval associated with an individual development order.

(C)

Exemptions. The following forms of development shall be exempt from the requirements of this section:

(1)

Projects determined to be vested from the concurrency requirements in these LDRs;

(2)

A facility that is not subject to the concurrency requirements of the LDRs as a result of State or Federal law;

(3)

Development with a de minimis, or no impact on public facility levels of service as determined by the LDR Administrator;

(4)

Building permits for individual single-family dwellings (including mobile homes) and accessory uses on existing lots of record, as of the effective date of the LDRs;

(5)

Building permits required to bring existing structures into compliance with the LDRs;

(6)

Sign permits (Subsection 2.4.11 of this section);

(7)

Temporary use permits for temporary sales (Subsection 2.4.12 of this section);

(8)

Special event permits (Subsection 2.4.13 of this section);

(9)

Tree removal permits (Subsection 2.4.17 of this section);

(10)

Construction of public facilities identified in the CIE of the Comprehensive Plan; and

(11)

Public facilities budgeted, but not identified in the CIE of the Comprehensive Plan.

(D)

Overview of certificates. Certificates of level of service standard shall be issued by the LDR Administrator concurrent with the issuance of a preliminary development order, and certificates of concurrency compliance shall be issued by the LDR Administrator concurrent with decisions for final development orders. Preliminary and final development orders shall include the following:

(1)

Preliminary development orders.

(a)

Site-specific amendments to the Official Zoning Atlas (Subsection 2.4.2 of this section);

(b)

Planned development master plans (Subsection 2.4.3(D) of this section);

(c)

Special exception permits (Subsection 2.4.4 of this section);

(d)

Certificates of appropriateness (Subsection 2.4.6 of this section);

(e)

Variance permits (Subsection 2.4.7 of this section);

(f)

Administrative adjustments (Subsection 2.4.8 of this section);

(g)

Major subdivision preliminary plats (Subsection 2.4.10(G) of this section); and

(h)

Special permits (Subsection 2.4.16 of this section).

(2)

Final development orders.

(a)

Site plans (Subsection 2.4.9 of this section);

(b)

Minor site plans (Subsection 2.4.9(J) of this section);

(c)

Minor subdivisions (Subsection 2.4.10(F) of this section);

(d)

Final plats (Subsection 2.4.10(G) of this section); and

(e)

Final PD plans (Subsection 2.4.3(E) of this section).

(E)

Level of service (LOS) standards. The level of service (LOS) standards adopted for roads, sanitary sewer, solid waste, stormwater management, potable water, and recreation facilities are those adopted in the Comprehensive Plan, which is incorporated herein by reference.

(F)

Nonbinding determination of available capacity. If an applicant desires to determine whether there is sufficient capacity to accommodate their proposed development prior to submittal of an application for a preliminary development order, the applicant shall submit an application for nonbinding determination of available capacity. Then, within 30 days from submittal of a complete application, the LDR Administrator shall make an informal nonbinding determination of whether there appears to be sufficient capacity in the public facilities and services to satisfy the demands of the proposed development. If there appears to be insufficient capacity, the LDR Administrator shall then make a nonbinding determination of what public facilities or services would be deficient if the proposed development were approved.

(G)

Requirements for certificate of concurrency compliance. Except for development that is vested from concurrency requirements, or exempt (see Subsection 2.4.14(C) of this section), no final development order shall be approved unless it is determined the necessary public facilities will be available concurrent with the impacts of the proposed development. The burden of meeting this requirement will be on the applicant requesting a certificate of concurrency compliance. The criteria for determining whether the public facilities affected by the development will be available concurrent with the impacts of proposed development shall be based on the following standards:

(1)

Sanitary sewer, solid waste, storm water management facilities, and potable water. For sanitary sewer, solid waste, stormwater management and potable water:

(a)

A development order is issued subject to the condition that, at the time of the issuance of a certificate of occupancy, the necessary facilities and services are in place and available to serve the new development; or

(b)

At the time the development order is issued, the necessary facilities and services are guaranteed to be in place and available to serve new development at the time of the issuance of a certificate of occupancy in an enforceable development agreement, pursuant to the Florida Local Government Development Agreement Act (F.S. § 163.3220 et seq.) or an agreement or development order issued pursuant to F.S. ch. 380.

(2)

Parks. For parks:

(a)

At the time the development order is issued, the necessary facilities and services are in place or under actual construction;

(b)

A development order is issued subject to the condition that, at the time of the issuance of a certificate of occupancy, the acreage for the necessary facilities and services to serve the new development is dedicated or acquired by the City, or funds in the amount of the developer's fair share are committed;

(c)

A development order is issued subject to the conditions that the necessary facilities and services needed to serve the new development are scheduled to be in place or under actual construction not more than one year after issuance of a certificate of occupancy as provided in the adopted five-year schedule of capital improvements;

(d)

At the time the development order is issued, the necessary facilities and services are the subject of a binding executed agreement which requires the necessary facilities and services to serve the new development to be in place or under actual construction not more than one year after issuance of a certificate of occupancy; or

(e)

At the time the development order or permit is issued, the necessary facilities and services are guaranteed to be in place or under actual construction not more than one year after issuance of a certificate of occupancy in an enforceable development agreement, pursuant to the Florida Local Government Development Agreement Act (F.S. § 163.3220 et seq.) or an agreement or development order issued pursuant to F.S. ch. 380.

(3)

Roads. For roads:

(a)

At the time a development order is issued, the necessary facilities and services are in place or under construction; or

(b)

A development order is issued subject to the conditions that the necessary facilities and services needed to serve the new development are scheduled to be in place or under actual construction as provided in the adopted five-year schedule of capital improvements not more than three years after issuance of a certificate of occupancy. The schedule of capital improvements may recognize and include transportation projects included in the first three years of the applicable, adopted Florida Department of Transportation five-year work program.

(H)

Information and general methodology to be used for concurrency determination.

(1)

Basis for concurrency determination. The information and methodology to be used by the LDR Administrator as the basis for concurrency determinations shall include:

(a)

The maximum service volume of each public facility affected by the proposed development based on the adopted level of service standards;

(b)

The existing demand on each public facility affected by the proposed development;

(c)

Any reservation of capacity on each affected public facility for approved development; and

(d)

Proposed development impacts (the projected or estimated portion of the capacity of the affected public facility to be used by the proposed development).

(2)

Affected roadway segments. For the purposes of making concurrency determinations, affected roadway facilities shall be determined as follows:

(a)

Development generating 1,000 or fewer trips. For proposed developments generating less than or equal to 1,000 external average daily trips (ADT), affected roadway segments are all those wholly or partially located within one-half mile of the development's ingress/egress, or to the nearest intersecting major street, whichever is greater.

(b)

Developments generating more than 1,000 trips.

(i)

For proposed developments generating greater than 1,000 external average daily trips (ADT), affected roadway segments are those on which the development's impacts are five percent or greater of the maximum service volume of the roadway; and

(ii)

The study area for proposed developments generating greater than 1,000 external average daily trips (ADT) shall include all roadway segments located partially or wholly within one-half mile of the development's ingress/egress, or to the nearest major intersection, whichever is greater.

(3)

Availability of public facility capacity. The necessary public facilities will be deemed available concurrent with the impacts of the proposed development if the sum of proposed development impacts when added to the existing demand and the capacity reservations are less than the maximum service volume on the affected facilities.

(I)

Procedure.

(1)

Issuance of a certificate of level of service standard.

(a)

Timing. Unless vested from concurrency requirements, or exempt in accordance with Subsection 2.4.14(C) of this section, Exemptions, an applicant shall apply for a certificate of level of service standard no later than the time of application for development permit associated with a preliminary development order. (See Subsection 2.4.14(D)(1) of this section.)

(b)

Contents. The application shall contain the appropriate traffic documentation required in Subsection 2.4.14(G)(3) of this section, or the documentation supporting any assertion of de minimis impact.

(c)

Review. The LDR Administrator shall review the application in accordance with the procedures in Section 2.2, Common development review procedures, for each public facility affected by the proposed development, and shall provide an assessment of whether the concurrency requirements of this section are met for each public facility as part of the staff report. (See Section 2.2.7.)

(d)

Issuance. The LDR Administrator shall issue a certificate of level of service standard within five business days of the appropriate decision-making body's action on the preliminary development order. The certificate of level of service standard shall indicate the following:

(i)

If the proposed development's impacts are considered de minimis impacts;

(ii)

If the requirements for concurrency will be met, subject to any limitations indicated by the public facility provider, based on the preliminary development order;

(iii)

If the development does not have de minimum impacts, and the concurrency requirements are not met, what deficiencies will have to be addressed in the final development order for a certificate of concurrency compliance to be issued; and

(iv)

Any additional information to be submitted with the final development order application.

(e)

Amendment. In the event an applicant seeks to increase the density or intensity of a development subject to a certificate of level of service standard, the applicant shall submit the proposed increases in densities or intensities and all other relevant information to the LDR Administrator for an amended certificate of level of service standard to be issued. The amended certificate of level of service standard approval must be obtained by the applicant prior to application for final development order approval by the appropriate decision-making body.

(2)

Issuance of a certificate of concurrency compliance. The certificate of level of service standard may be submitted with an application for a final development order as the basis for a certificate of concurrency compliance, which shall be approval of the final development order by the appropriate decision-making body, provided all of the following conditions are met:

(a)

The final development order is submitted and determined to be complete by the LDR Administrator prior to the expiration date of a valid certificate of level of service standard;

(b)

Any conditions identified in the certificate of level of service standard are adequately addressed and are contained in the final development order application; and

(c)

The intensities and densities requested for the final development order approval do not exceed those approved for the preliminary development order, unless the applicant has applied for and been issued an amended certificate of level of service standard addressing the impacts of the increased densities or intensities requested and finding that adequate capacity will be available for each affected public facility.

(J)

Period of validity.

(1)

Certificate of level of service standard.

(a)

A certificate of level of service standard is valid for 180 days from the date of assessment by the LDR Administrator.

(b)

For projects associated with a phased subdivision or planned development (PD), the certificate of level of service standard may be issued for time periods established by the phasing schedule of the subdivision or PD Master Plan, provided that the applicant demonstrates that LOS standards can be met for the timeframes established. In no instance, may the certificate of level of service standard for a PD or subdivision be valid for greater than a ten-year timeframe.

(c)

If there are changes to a proposed development's timing, the proposed density or intensity increases, or if the certificate of level of service standard expires, then an amended certificate of level of service standard must be obtained through the appropriate process. An amended certificate of level of service standard is valid for 180 days from the date of reassessment by the LDR Administrator.

(2)

Certificate of concurrency compliance.

(a)

Period of validity. The certificate of concurrency compliance shall be valid for a period of one year from date of issuance by the LDR Administrator, unless otherwise specified in the final development order, after which time it shall be void unless substantial construction has commenced prior to expiration of the one-year period, or other period specified in the final development order, or an extension of no more than one year has been granted by the LDR Administrator for good cause shown.

(b)

Extensions. Extensions shall only be issued if no imminent or existing public facility deficiencies exist at the time of the application for extension. Denial of an extension by the LDR Administrator may be appealed to in accordance with this Subsection 2.4.20 of this section, Appeal of interpretation or decision by LDR Administrator.

(c)

Capacity reservation.

(i)

Provided that substantial construction has commenced within the allowable period, the development shall have reserved capacity for a period of no more than two years from commencement of construction.

(ii)

After expiration of the two-year period, or any period otherwise specified in the certificate of concurrency compliance, the public facility capacity required to accommodate the impacts of the unconstructed portions of the development may be made available to other proposed developments applying for a certificate of concurrency compliance.

(iii)

Allocation of this unused capacity shall be based on a management plan approved by the City Commission to address any deficiencies or imminent deficiencies identified in the annual concurrency status report prepared pursuant to Subsection 2.4.14(M) of this section, Monitoring and management.

(K)

Denial of certificate of concurrency compliance.

(1)

Denial notice. If it is determined that the requirements for concurrency cannot be met for any public facility impacted by a proposed development, a certificate of concurrency denial notice identifying the facilities that were determined not to be concurrent, the level of service deficiency, and the impact assessment that was the basis for that determination will be issued by the LDR Administrator.

(2)

Request for reconsideration. Upon receipt of a denial notice, the applicant may submit a request for reconsideration by the LDR Administrator within 30 days. Such request shall be accompanied by a proposed alternative impact assessment demonstrating that impacts will not violate concurrency requirements, or proposed options to remedy the deficiency or deficiencies. Such options may include:

(a)

Modification of the density, intensity or timing of the proposed development with identification of how the modifications will remedy the deficiency that was the basis for the denial;

(b)

Measures to mitigate the deficiency, including an action plan to reduce the impacts of the proposed development on the affected public facilities that were determined not to be concurrent, such as demand management measures to be incorporated as conditions of a final development order; or

(c)

Proposed improvements to the affected public facility that will be sufficient to offset the impacts of the proposed development resulting in the failure to meet concurrency. Such improvements may be included by the applicant as part of a development agreement or proposed as an amendment to the Comprehensive Plan in the form of projects to be included in the capital improvement program of the Comprehensive Plan or amendments to adopted level of service standards.

(3)

Response to request for reconsideration. The request for reconsideration shall be reviewed and approved, approved with conditions, or denied by the LDR Administrator within 45 days of the receipt of the request for reconsideration, based on the standards of this section. If the proposal requires approval by a decision-making body in the City, the applicant shall be informed of the process to be followed to apply for such approval.

(L)

Appeal of decision of LDR Administrator. Any person aggrieved or affected by a decision of the LDR Administrator may appeal such decision to the BOA in accordance with Subsection 2.4.20 of this section, Appeal of interpretation or decision by LDR Administrator.

(M)

Monitoring and management. In order to ensure that adequate capacity for roads, sanitary sewer, solid waste, stormwater management, potable water, and recreation facilities is available concurrent with the impacts of development occurring on those public facilities, a monitoring and management program shall be implemented to evaluate the conditions of those public facilities subject to concurrency on an ongoing basis. This management program shall consist of the following components:

(1)

Development monitoring report. Monthly permit activity and available public infrastructure capacity needed to support development shall be monitored in a quarterly development monitoring report. The report shall assess the impacts of development on the City's adopted LOS standards, including development that has been issued a certificate of level of service standard or a certificate of concurrency compliance. Required public facility improvements identified in this report shall be included for consideration as capital improvement projects to be programmed in the City's capital improvements program, and shall be identified in the annual concurrency status report.

(2)

Capital improvements program. The capital improvements program (CIP) shall be updated annually, and the most current adopted CIP shall be used by the LDR Administrator in making concurrency determinations. The CIP is used to identify capital improvements that will contribute to the maintenance of the level of service standard adopted for that facility in the capital improvements element. The City shall identify any capital improvements that would be required to remedy level of service deficiencies that have resulted in any certificate of concurrency compliance denials.

(3)

Annual concurrency status report (ACSR). By May 1 of each year, the LDR Administrator shall provide an annual concurrency status report (ACSR) to the City Commission that includes:

(a)

The available capacity of all public facilities subject to concurrency requirements based on their levels of service and the most recent development monitoring report;

(b)

A forecast of the capacity of existing and planned public facilities identified in the five-year capital improvements schedule;

(c)

Any deficiencies or projected deficiencies and remedial action for consideration by the City Commission, including, but not limited to:

(i)

Critical facilities for which deficiencies are imminent, and identification of areas within which development may be affected by denial of certificates of concurrency compliance;

(ii)

Public facility project additions to the CIE/CIP;

(iii)

Deferral of final development orders in affected areas pending:

a.

Lowering LOS via a Comprehensive Plan amendment;

b.

Inclusion of necessary public facility projects in the adopted annual budget and annual CIE/CIP update;

c.

Approval of new or increased revenue sources for needed public facility projects by the City Commission, the State Legislature, or City voters;

(iv)

A management plan including guidelines for allocation of scarce public facility capacity among applicants for development approval and previously approved developments which are not vested for concurrency; and

(d)

Information on certificate of concurrency compliance denials and proposals to address denials.

State Law reference— Concurrency, F.S. §§ 163.3202(2)(g), 163.3180, 163.3182.

2.4.15

Certificate of LDR compliance.

(A)

Purpose. A certificate of LDR compliance shall be required in accordance with the provisions of this section in order to ensure that proposed development complies with the standards of these LDRs, and to otherwise protect the public health, safety, and welfare of the citizens of the City.

(B)

Applicability. The requirements of this section shall apply to any development that requires a building permit, any change of use, and for any buildings, structures or facilities for which a floodplain development permit or approval is required by Section 6.9.4(D)(3) of these LDRs.

(C)

Certificate of LDR compliance requirement. No building permit shall be issued, change of use occur, or development occur wholly or partially within any flood hazard area when a floodplain development permit or approval is required by Section 6.9.4 of these LDRs without approval of a certificate of LDR compliance by the LDR Administrator in accordance with this section.

(D)

Procedure.

(1)

Submission and review of application. The procedures and requirements for submission and review of an application are established in Section 2.2, Common development review procedures.

(2)

Action by LDR Administrator. The LDR Administrator shall review the application and in accordance with the procedures and requirements of Section 2.2.13, Review by LDR Administrator.

(E)

Certificate of LDR compliance standards. A certificate of LDR compliance shall be approved upon a finding the application complies with all relevant standards of these LDRs.

(F)

Temporary certificate of LDR compliance. A temporary certificate of LDR compliance may be issued by the LDR Administrator for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards as are necessary in the circumstances to protect the safety of occupants and the general public.

(G)

Expiration. When a building permit is required, such building permit shall be issued within six months of the date of issuance of the certificate of LDR compliance. If a building permit is not issued within six months of the date of issuance of the certificate of LDR compliance a certificate of occupancy shall not be issued, and the certificate of LDR compliance shall expire and be void.

(H)

Effect.

(1)

Failure to obtain a certificate of LDR compliance prior to development activity shall be a violation of these LDRs, subject to the penalties and remedies in Article 9, Enforcement and Remedies.

(2)

Use, arrangement or construction different from that authorized by a certificate of LDR compliance shall be a violation of these LDRs subject to the penalties and remedies in Article 9, Enforcement and Remedies.

(I)

Amendment. A certificate of LDR compliance may be amended, extended or modified only in accordance with the procedures and standards established for its original approval.

(J)

Appeal of decision of LDR Administrator. Any person aggrieved or affected by a decision of the LDR Administrator may appeal such decision to the BOA in accordance with Subsection 2.4.20 of this section, Appeal of interpretation or decision by LDR Administrator.

2.4.16

Special permits.

(A)

Purpose. The purpose of this section is to provide a means for reviewing applications for structures to be located on or in surface waters, and development (outside of normal construction activities) proposing to add or remove rock, soil or other fill material, either on land or in water. This type of development requires individual review of its location, configuration, operation and public facility impact to determine the appropriateness of such activities on adjacent development and the environment. Special permits may require the imposition of conditions to ensure the appropriateness of the development at a particular location. Mining activities are expressly prohibited within the City limits.

(B)

Applicability.

(1)

Generally. Except for development exempted in accordance with Subsection 2.4.16(B)(2) of this section, Exemptions, a special permit shall be required for all of the following development:

(a)

Construction of bulkheads, docks, piers, wharfs or similar structures;

(b)

Land and/or water filling; and

(c)

Dredging and/or excavation.

(2)

Exemptions. The following development is exempt from the standards and procedures of this section:

(a)

Normal construction activity. Land excavation or land filling activity undertaken in accordance with an approved building permit or site plan.

(b)

Construction or maintenance of a public facility.

(i)

On-site excavation and/or filling in connection with the construction of a public facility or public improvement carried out under the supervision of the Public Services Director, or in connection with the construction of a public road.

(ii)

On-site land excavation and/or filling in connection with maintenance or repair of a public facility or public improvement carried out under the supervision of the Public Services Director, or in connection with the maintenance or repair of a public road.

(c)

Less than 200 yards of material. Filling or excavation activities which involve the removal or filling of less than 200 cubic yards of material at a single site located outside of a floodplain or conservation area identified in the Comprehensive Plan.

(d)

Emergency repair. Filling or excavation activity undertaken in connection with the emergency filling of a newly formed or newly expanded sinkhole, or severe erosion problem, or other subsidence affecting the public health, safety or welfare, as determined by the LDR Administrator.

(C)

Procedure.

(1)

Preapplication conference mandatory. Special permits for land and/or water filling, dredging, and/or excavation are required to have a preapplication conference prior to submission of an application in accordance with Section 2.2.3, Preapplication conference.

(2)

Initial submission of application and staff review. The procedures and requirements for submission and review of an application are established in Section 2.2, Common development review procedures. In addition, applications for special permits shall be accompanied by a site plan that depicts the location and extent of activities being proposed in accordance with Section 2.4.9, Minor site plans, site plans, and infrastructure plans.

(3)

Review and recommendation by PZB. After preparation of a staff report, the application shall be referred to the PZB by the LDR Administrator for consideration at one of its regularly scheduled meetings. At the meeting, the PZB shall consider the application, the relevant support materials, the staff report, and any other comments provided on the application at the meeting, and recommend to the City Commission to either approve, approve with conditions, or deny the application based on the standards in Subsection 2.4.16(D) of this section, Special permit standards. The PZB shall then forward the recommendation to the City Commission.

(4)

Review and action by City Commission. After receipt of the recommendation from the PZB, the City Commission shall consider the application at a regularly scheduled meeting. At the meeting, the City Commission shall consider the application, the relevant support materials, the staff report, the recommendation of the Planning Commission, and any other comments provided on the application at the meeting, and then approve, approve with conditions, or disapprove the application based on the standards in Subsection 2.4.16(D) of this section, Special permit standards.

(D)

Special permit standards. Special permits shall be approved upon finding the applicant demonstrates all of the following standards are met:

(1)

Consistent with Comprehensive Plan. The proposed activity is consistent with the Comprehensive Plan. Excavation and filling activities are not be permitted in, and where applicable, adjacent to, conservation areas as defined by the Comprehensive Plan. (Exceptions to this standard shall be granted upon successful demonstration by the applicant that the proposed development does not conflict with the conservation objectives of the City.)

(2)

No adverse affect on local character. The proposed activity will not adversely affect the character of the general area where it is proposed to be located by creating excessive traffic, noise, lights, or other physical effects or nuisances.

(3)

No adverse effect on the environment. The proposed activity will not result in significantly adverse impacts on the natural environment, including but not limited to water, air, noise, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment.

(4)

Additional authorization required. If State or Federal authorization is required for any activities or structures which require a special permit, such authorization is obtained prior to issuance of a building permit.

(5)

Groundwater quality monitoring plan. A groundwater quality monitoring plan is provided for excavation and/or filling activities which are conducted in areas where previous land excavation and/or land filling activities may have degraded groundwater quality, or in instances where there is evidence that materials other than those materials permitted under this section have been disposed of on the land. The groundwater quality monitoring plan shall include the following:

(a)

Proposed depth, locations, and construction details for monitor wells;

(b)

A proposed groundwater sampling program with anticipated sampling schedule and parameter coverage; and

(c)

A reclamation and reuse plan which shall include the following:

(i)

A description of the manner in which restructuring, reshaping, and/or revegetation will be accomplished;

(ii)

At least two typical cross sections and contours showing areas to be filled, backfilled, restructured and/or reshaped, and revegetated. Water areas and water level elevations shall be shown when lake creation is part of the reclamation plan;

(iii)

All fences, walls, berms, or vegetative buffers that are required or proposed as part of the reclamation plan;

(iv)

The type and location of vegetation to be placed on the site and provisions for restabilization of the reclaimed areas, including details of erosion control methods to be utilized;

(v)

An analysis of how proposed reuse of the land complies with the Comprehensive Plan and how proposed reuse relates to existing and planned uses in the surrounding area. Where a conflict exists between the reuse plan and these uses, the reuse plan will contain a description of how these conflicts will be resolved;

(vi)

A timetable detailing how and when the reclamation and reuse plan will be implemented after the land excavation and land filling activity has been completed;

(vii)

An affidavit signed by both the applicant and the landowner (if different) stating that the reclamation plan will be completed in accordance with the requirements of these LDRs and the approved plan;

(viii)

Unless the site is owned and operated by a unit of the local, State, or Federal government, financial assurance that the reclamation plan will be completed in accordance with Section 6.10, Improvement guarantees;

(ix)

An irrevocable right of inspection and/or reclamation activities by the City, which shall be signed by the landowner, and shall be effective for the duration of not less than two years beyond the expiration of the special permit (or extensions thereof);

(x)

A site plan or other appropriate document to be recorded with the Alachua County Clerk of Court, which discloses the existence, location and specifications of an excavation and/or filling activity within the land subject to a special permit;

(xi)

A change of site ownership shall require a revision to the approved improvement guarantee and a revised irrevocable grant of inspection and/or reclamation activities by the City, signed by the new landowner. The special permit shall be deemed suspended until these revised documents are submitted and approved.

(6)

Minimum operating standards.

(a)

Generally.

(i)

These standards shall apply to the design of any land excavation and/or land filling activity permitted in accordance with this section. It shall also apply to the operation of such activity after approval. Additional conditions, or increases in these standards, may be required at the time of special permit approval in accordance with Section 2.2.14, Conditions of approval.

(ii)

Exceptions to these standards may be approved by the City Commission when such exceptions do not cause substantial harm to the public health, safety, or welfare, and do not create hazards or dangers to the environment or prevent the appropriate use and development of surrounding parcels of land. In granting exceptions to these standards for existing excavation and/or filling operations, consideration shall be given to the ability of such existing operations to meet these standards, and the past safety and/or nuisance performance of existing operations.

(b)

Water quality. Land excavation and/or land filling activities shall not have an adverse impact on surface water or groundwater quality. Activities shall conform to the requirements of Chapter 62, Florida Administrative Code, and the following:

(i)

Excavation in areas where the Floridan Aquifer is unconfined shall not be allowed at depths greater than 15 feet above the top of the aquifer unit.

(ii)

Where excavation at depths below the top of the surficial aquifer system requires the use of dewatering procedures, such procedures shall not have an adverse effect on surface water or groundwater quality or on loss of storage in the surficial aquifer system.

(iii)

Filling shall not be allowed in surface water, except as provided in Chapters 62-4 and 62-312 (Dredge and fill activities), Florida Administrative Code. Filling shall not be allowed in groundwater of the State of Florida or intermediate aquifer systems. Filling may be allowed in groundwater of the surficial aquifer system, but shall be limited to clean soil or rock materials (sand, clay or limestone). Filling in limestone pits or quarries shall be limited to clean soil or rock materials (sand, clay or limestone). Exceptions to these standards may be considered if liners, leachate collection systems and cover systems are proposed for a site.

(iv)

Disposal of the following categories of materials in land filling sites is prohibited:

a.

All types of solid waste (Chapter 62-701, Florida Administrative Code), and all hazardous materials and hazardous waste so designated by the US EPA, the FDEP and local health and environmental protection agencies;

b.

All biomedical wastes that may cause pathogenic contamination of the water resources; and

c.

Industrial chemicals, petroleum products, putrescible household waste and other materials that would contaminate permitted fill material.

(v)

Land excavation and/or filling operations shall not significantly alter the existing hydrologic characteristics of the water levels of either surface water or groundwater on surrounding lands. Where a problem is anticipated as a result of known soil and hydrological factors (i.e., because of physical conditions and/or experience with other excavation or filling sites in the area), dewatering potentials of land excavation operations shall be evaluated by conducting an on-site field investigation of horizontal permeability in materials that are representative of the section to be dewatered. Results of testing and impact analysis shall be certified by a qualified professional geologist or a professional engineer registered by the State of Florida. The findings of this analysis shall be submitted with the materials for site plan approval.

(c)

Setbacks. Disturbed areas associated with land excavation and land filling activities (i.e., top-of-bank for excavation sites, and top-of-fill for filling sites) shall be set back no less than the distances set forth below, except that these setback requirements may be waived for the filling of existing low areas which would be considered a part of the main filling objective of the site, or for excavating to expand existing low areas to be used for stormwater management in the reclamation plan. Minimum setbacks shall be:

(i)

25 feet from the right-of-way line of a public road;

(ii)

50 feet from the property line abutting either existing nonresidential (including agricultural or rural) land uses or land designated for nonresidential (including agricultural or rural) uses on the Comprehensive Plan;

(iii)

150 feet from the property line of any land designated for residential land uses on the Comprehensive Plan; and

(iv)

250 feet from a conservation area designated by the Comprehensive Plan.

(d)

Buffering. Where residential uses exist adjacent to or within 300 feet of the parcel involved in excavation or filling activities, the excavation or filling area(s) shall be buffered along the boundary of the property with a type D buffer 50 feet in width (Section 6.2.2(D)(3), Perimeter buffers).

(e)

Fencing/gates. The following security measures shall be required to discourage unauthorized dumping in, and trespassing on, the excavation or filling site:

(i)

A four-foot-high field-wire fence, with treated wood fence posts located on no more than 12-foot centers, shall be required around the entire site until the LDR Administrator has made a determination that final reclamation has been completed in accordance with the approved special permit.

(ii)

A chainlink fence in accordance with the Section 6.3, Fencing standards, may be required in place of the required field-wire fence to ensure adequate security of an excavation or filling site.

(iii)

A heavy-duty gate assembly shall be installed and maintained at all approved ingress and egress points.

(iv)

All gates shall be kept locked at all times unless an official or other responsible employee of the owner or permit holder is actually present to supervise the site. A key to each gate shall be provided to the LDR Administrator for use during inspections.

(v)

All fences and gates shall prominently display permanent "No Trespassing" signs at least every 500 feet.

(f)

Grades. The finished slopes of the site shall be no greater than 1:3 ratio at the time of reclamation completion.

(g)

Hours of operation. Excavation and filling activities shall be limited to daylight hours, Monday through Saturday. More limited hours of operation may be imposed at the time of approval of the special permit.

(h)

Dust controls. Excavation or filling activities shall be operated in a manner that will minimize fugitive dust emissions. Vegetation shall not be removed from any portion of the site until that specific area is to be excavated. Dirt roads within the site and unpaved public roads in the vicinity which are used for access to the project may require dust retardant treatment at the expense of the operator. Suppressants, as a dust retardant technique, shall be evaluated by the City and receive approval before their use is allowed.

(i)

Transportation standards. Excavation and/or filling operations shall be allowed only at sites served by roads adequate to accommodate the projected truck traffic. No haul route shall be on an interior road through a platted subdivision unless the excavation and/or filling site is specifically designed to facilitate the completion of the subdivision in which the haul route is located.

(j)

Haul road maintenance. If a haul road contains an unpaved segment that is used primarily (more than 50 percent of the daily traffic volume) by the trucks hauling excavated or filling materials, the operator shall maintain the unpaved segment in satisfactory operating condition and shall control the dust generated by the local trucks.

(k)

Benchmarks. At least two surveyed benchmarks shall be established and clearly marked prior to the commencement of any excavation activity so that depth of excavation may be readily measured during inspections. Additional benchmarks may be required at any time by the LDR Administrator such that at least two are readily visible from any location within the disturbed portion of the site.

(l)

Reuse as residential lands. Areas utilized for excavation and/or filling activities shall not be reused for residential purposes. (Except where engineering data is submitted showing that there has been adequate compaction to allow the type of residential construction proposed, such data shall be prepared and sealed by a registered, professional engineer.)

(E)

Conditions of approval. In approving a special permit, the City Commission may impose appropriate conditions on the permit approval in accordance with Section 2.2.14, Conditions of approval.

(F)

Time limit. Any special permit approved or approved with conditions for land or water filling, dredging, excavation or mining shall be limited to a specific site and may not exceed five years in duration. Additional extensions may be granted by the City Commission for good cause shown, but in no case shall such extension exceed five years.

(G)

Recordation. The City Commission may require the applicant to record the special permit with the Alachua County Clerk of Court.

(H)

Subsequent development. Development authorized by the special permit shall not be carried out until the applicant has secured all other permits required by these LDRs or any other applicable provisions of the City. A special permit does not ensure that the development approved through the special permit procedure shall receive subsequent approval for other required applications for permit approval unless the relevant and applicable portions of these LDRs or any other applicable provisions are met.

(I)

Effect. Issuance of a special permit shall authorize only the particular development that is approved in the permit. A special permit, including any conditions, shall run with the land and not be affected by a change in ownership. Land subject to an approved special permit shall not be exempted from other relevant standards in these LDRs that are unrelated to the development permitted under the special permit.

(J)

Expiration.

(1)

Generally. The City Commission may prescribe a time limit within which development shall begin or be completed on the special permit, or both. Failure to begin and/or complete such development within the time limit specified shall void the special permit. Unless specified otherwise by the City Commission, a special permit shall automatically expire:

(a)

One year from the date of its issuance if:

(i)

The development authorized by the permit has not commenced, and no substantial construction, alteration, demolition, excavation, or other similar work is required by the permit; or

(ii)

Less than ten percent of the total amount of development approved as part of the permit is completed, when construction, alteration, demolition, excavation, or other similar work is required.

(b)

If the development approved by the special permit is discontinued and not resumed for a period of one year.

(2)

Extension. Upon written application submitted at least 30 days prior to the expiration of the permit period by the applicant, and upon a showing of good cause, the City Commission may grant one extension not to exceed six months. The approval shall be deemed extended until the City Commission has acted upon the request for extension. Failure to submit an application for an extension within the time limits established by this section shall result in the expiration of the special permit.

(K)

Amendment. A special permit may be amended, extended, or modified only in accordance with the procedures and standards established for its original approval.

2.4.17

Tree removal permits.

(A)

Purpose. This section provides a mechanism for the removal of trees within the City.

(B)

Applicability. The requirements of this section shall apply to the application for the removal of trees within the City, in accordance with the standards in Section 6.2.1, Tree protection standards.

(C)

Exemptions. Exemptions to the requirements of this section are found in Section 6.2.1(F), Exemptions.

(D)

Procedure.

(1)

Application. Any person wishing to obtain a tree removal permit shall make application to the LDR Administrator on forms provided by the City. No permits shall be issued for the removal of champion or heritage trees, unless the conditions for approval are met under Subsection 2.4.16(E)(1), (E)(2) or (E)(4) of this section.

(2)

Review of application by LDR Administrator. The LDR Administrator, utilizing such technical assistance as may be required, shall review all applications for tree removal and determine from among other considerations what effect the removal will have upon the drainage, topography, natural resources, ecology of the area, public safety and welfare, aesthetic value and the reasonable use of the site for development, and shall consider these factors in granting or denying said permit application.

(3)

Determination by LDR Administrator. Within seven days of the filling of an application for a tree removal permit (except for site plan and major preliminary plat applications), the LDR Administrator shall attempt to verify the information contained in the application and shall either approve or deny the application as to each regulated tree proposed to be removed or relocated.

(E)

Tree removal standards. The City may grant the tree removal permit if it finds one or more of the following conditions are met:

(1)

Immediate safety hazard. The tree is an immediate safety hazard, either to persons who reasonably may be physically harmed by the tree or to domestic animals, buildings, or other construction, or motor, bicycle or pedestrian traffic;

(2)

Infestation of harmful insects or fungi. The tree is infected with an infestation of harmful insects or fungi that are not generally present on other trees of the species and may reasonably be expected to spread to other trees not so infected;

(3)

No other reasonable or economic alternatives to use. The tree, by its location, prevents reasonable use or development of the site, and that no other reasonable or economical alternatives to such use or development are possible; or

(4)

Progressive damage to building or structures. The tree, by the normal growth of its branches or roots, is causing progressive damage to buildings, structures, or other more desirable trees and that no reasonable correction or prevention is available other than the tree's removal.

(F)

Appeal of decision of LDR Administrator. Any person aggrieved or affected by a decision of the LDR Administrator may appeal such decision to the BOA in accordance with Subsection 2.4.20 of this section, Appeal of interpretation or decision by LDR Administrator.

2.4.18

Mobile home move-on permit.

(A)

Purpose. This section provides a mechanism to ensure the review of mobile home placement and use on lands within the City.

(B)

Applicability. The requirements of this section shall apply to the placement, erection, and use of a mobile home in the City.

(C)

Mobile home move-on permit requirement. No mobile home shall be placed, erected, or used prior to the approval of a mobile home move-on permit by the LDR Administrator in accordance with this section. The mobile home move-on permit shall be posted in a prominent location on the mobile home prior to its movement onto a site.

(D)

Procedure.

(1)

Submission and review of application. The procedures and requirements for submission and review of an application are established in Section 2.2, Common development review procedures.

(2)

Action by LDR Administrator. The LDR Administrator shall review the application in accordance with the procedures and requirements of Section 2.2.13, Review by LDR Administrator.

(E)

Standards. A mobile home move-on permit shall be approved upon a finding the application complies with all relevant standards of these LDRs.

(F)

Replacement. In the zone districts that do not permit the erection of new mobile homes, but do permit existing mobile homes to remain, such existing mobile homes may be removed and replaced by another mobile home provided that the replacement mobile home is erected or established for the same owner within six months from the date the existing mobile home is removed from the site. For the purposes of this section, the term "existing mobile home" means a mobile home that existed and was available for use on August 16, 1993.

(G)

Effect. Failure to obtain a mobile home move-on permit prior to the placement, erection, or use of a mobile home shall be a violation of these LDRs, subject to the penalties and remedies in Article 9, Enforcement and Remedies.

(H)

Appeal of decision of LDR Administrator. Any person aggrieved or affected by a decision of the LDR Administrator may appeal such decision to the BOA in accordance with Subsection 2.4.20 of this section, Appeal of interpretation or decision by LDR Administrator.

2.4.19

Interpretation by LDR Administrator.

(A)

Authority. Interpretations of all provisions of these LDRs shall be made by the LDR Administrator, including: interpretations of the text of these LDRs; interpretations of the zone district boundaries; and interpretations of whether an unspecified use falls within a use classification, use category or use type allowed in a zone district.

(B)

Initiation. A written interpretation may be requested by the City Commission, the PZB, the BOA, any resident or landowner, or any person having a contractual interest in land in the City.

(C)

Procedure.

(1)

Submission of request for interpretation. Before a written interpretation shall be provided by the LDR Administrator, a request for interpretation shall be submitted to the LDR Administrator in writing on a form established by the Administrator and made available to the public, along with a nonrefundable fee.

(2)

Determination of completeness. Within five business days after a request for interpretation has been submitted, the LDR Administrator shall determine whether it is complete.

(a)

If the LDR Administrator determines the request is not complete, a notice shall be provided to the applicant specifying the deficiencies. The LDR Administrator shall take no further action on the request for interpretation until the deficiencies are remedied.

(b)

When the request for interpretation is determined complete, the LDR Administrator shall review the request and render an interpretation in accordance with the procedures and standards of this section.

(3)

Rendering of interpretation. After the request for interpretation has been determined sufficient, the LDR Administrator shall review and evaluate the request in light of the Comprehensive Plan, these LDRs, the Official Zoning Atlas, and other relevant codes and statutes, consult with the City Attorney and other affected City staff, and then render an interpretation.

(4)

Form. The interpretation shall be in writing, approved as to form by the City Attorney, and sent to the applicant by mail after the interpretation is made by the LDR Administrator.

(D)

Official record. The LDR Administrator shall maintain a record of written interpretations that shall be available for public inspection, upon reasonable request, during normal business hours.

2.4.20

Appeal of interpretation or decision by LDR Administrator.

(A)

Right of appeal. Any person aggrieved or affected by a decision or interpretation of the LDR Administrator (except those related to construction plans (Subsection 2.4.10(G)(4) of this section) may appeal such decision or interpretation to the BOA.

(B)

Appeal procedure.

(1)

Initiation.

(a)

An appeal taken in accordance with this section may be initiated by filing a written notice of appeal within 30 days of the date of the written interpretation or decision with the LDR Administrator.

(b)

The notice of appeal shall be filed, in writing, in the office of the LDR Administrator during normal business days between the hours of 8:00 a.m. and 4:30 p.m. If the notice of appeal is filed after 4:30 p.m., it shall be considered filed on the subsequent day.

(2)

Contents of appeal. The written notice of appeal shall specify the grounds for the appeal, a statement of the improper decision or interpretation, the date of that decision or interpretation, and all support materials related to the decision.

(3)

Record. After filing of the notice of appeal, the LDR Administrator shall ensure public notification is accomplished, schedule the appeal for consideration by the BOA, and transmit all the papers, documents, and other materials relating to the decision or interpretation appealed to the BOA. These materials shall constitute the record of the appeal.

(4)

Scheduling of notice and hearing. The BOA shall hear the appeal within a reasonable time after its filing, after public notification.

(5)

Hearing and decision by BOA. At the hearing, the person making the appeal may appear in person or by agent or attorney, and shall state the grounds for the appeal and identify any materials or evidence from the record to support the appeal. The LDR Administrator shall be given an opportunity to respond, as well as any other City staff or other person the BOA deems necessary. After the conclusion of the hearing, the BOA shall affirm, partly affirm, modify, or reverse the decision or interpretation, based on the record, and the requirements and standards of these LDRs.

(C)

Effect of appeal. A pending appeal stays all proceedings in furtherance of the action appealed from, unless the LDR Administrator certifies to the BOA, after the notice of appeal is filed, that by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed.

2.4.21

Appeal of decision of PZB.

(A)

Generally. Any person aggrieved or affected by a decision of the PZB, or any agent of the City affected by a decision of the PZB, on an application for site plan may appeal such decision to the City Commission by filing a notice of appeal with the LDR Administrator within 30 days of the decision.

(B)

Effect of PZB decision upon filing of appeal. The effect of the PZB decision upon the filing of an appeal shall be that the decision of the PZB becomes an advisory recommendation to the City Commission and does not have the effect of a final decision. If the decision of the PZB is appealed, no further approvals for development shall be issued by the City until the completion of the appeal process.

(C)

Contents of notice of appeal. The written notice of appeal shall specify the grounds for the appeal, a statement of the improper decision, the date of that decision and all support materials related to the decision shall be submitted on forms provided by the City. Although not required, the notice of appeal may include the appellant's concerns with the decision of the PZB for informational purposes only.

(D)

Record. After filing of the notice of appeal, the LDR Administrator shall schedule the appeal for consideration by the City Commission, and transmit the notice of appeal and the PZB recommendation to the City Commission. This information shall constitute the record of the appeal. Information submitted to the City Commission, such as the application, verification of public notice, and staff's report is not considered as a transmittal of the record of the PZB public hearing.

(E)

Scheduling of notice and hearing. The City Commission shall hear the appeal within 45 days after receipt of a duly filed notice of appeal and all processes thereof.

(F)

Hearing and decision by City Commission. The appeal hearing shall be conducted as a de novo quasi-judicial public hearing, in accordance with Section 2.3.1, Quasi-judicial public hearings. At the hearing, the participants shall be required to make a full and complete presentation. At the conclusion of the hearing, the City Commission shall approve, approve with conditions, or deny the site plan, based on the competent and substantial evidence and testimony given at the meeting and the relevant standards found in these LDRs.

2.4.22

Vested rights certificate.

(A)

Purpose and intent. Certain development rights of landowners may be vested with respect to requirements of the Comprehensive Plan. This section sets forth the procedure for determining vested rights and the subsequent issuance of a vested rights certificate. Possession of a vested rights certificate enables a permittee to complete the development approved under such certificate up to and through issuance of appropriate certificates of occupancy.

(B)

Authority. The City Commission may approve or deny requests for vested rights certificates in accordance with the standards of this section.

(C)

Procedure.

(1)

Application submission, review, public notification and scheduling hearing. The procedures and requirements for submission and review of an application are established in Section 2.2, Common development review procedures.

(2)

Review and action by City Commission. After preparation of a staff report, public notification, and the scheduling of a public hearing, the City Commission shall conduct a public hearing on the application in accordance with Section 2.3.2, Standard public hearings. At the public hearing, the City Commission shall consider the application, the relevant support materials, the staff report, and the testimony given at the public hearing. After the close of the public hearing, the City Commission shall approve, or deny the application based on the standards in Subsection 2.4.22(E) of this section, Standards for vested rights.

(D)

Time limit for application.

(1)

Filed within one year. An application for a vested rights certificate may be filed within one year of the adoption or amendment of these LDRs for the subject land. Except as provided in this Subsection 2.4.22(D), failure to file an application within the required period constitutes an abandonment of any claim to vested rights. Judicial relief is not available until administrative remedies set forth in the section are exhausted.

(2)

Absent during filing period. If a landowner is absent from the State of Florida during the entire filing period and does not have an agent present in the State during such period, such landowner may, with documentation sufficient to indicate a probable lack of notice, be granted leave by the City Commission to file an application within one year after the individual's return to the State of Florida.

(3)

Undue hardship. Notwithstanding the provisions of this Subsection 2.4.22(D), the City Commission may, in extraordinary circumstances, allow a landowner to submit an application after the one year deadline where such extension avoids undue hardship to the landowner.

(E)

Standards for vested rights.

(1)

An application for vested rights determination shall be approved if the applicant demonstrates all of the following:

(a)

The applicant:

(i)

Owned the land proposed for development on the date of adoption or amendment of the Comprehensive Plan;

(ii)

Entered into a contract or option to purchase the land on or before such date; or

(iii)

Presents facts such that it would be inequitable, unjust or fundamentally unfair to deny an application for vested rights where the applicant acquired ownership after such date;

(b)

There was a valid, unexpired act of an agency or authority of government upon which the applicant reasonably relied in good faith;

(c)

The applicant, in reliance upon the valid unexpired act of government, made a change in position or incurred extensive obligations or expenses;

(d)

It would be inequitable, unjust or fundamentally unfair to destroy the rights acquired by the applicant. In making this determination, the City may consider a number of factors including, but not limited to:

(i)

Whether construction or other development activity has commenced and is continuing in good faith; and

(ii)

Whether or not the expense or obligation incurred can be substantially used for a development permitted by the Comprehensive Plan and these LDRs.

(2)

The following are not considered development expenditures or obligations in and of themselves without more evidence of actions in reliance unless the applicant was unable to obtain further approvals because of extraordinary delays beyond the applicants control:

(a)

Costs for legal and other professional services that are not related to the design or construction of improvements;

(b)

Taxes; and

(c)

Costs for acquisition of the land.

(F)

Presumptive vesting. Presumptive vesting for consistency and concurrency is applied to any structure on which construction has been completed pursuant to a valid building permit, and as such, there is no requirement to file an application to preserve vested rights status.

(1)

Presumptive vesting for density only. The following lands are presumptively vested for purpose of density only, and shall not be required to file an application to preserve vested rights in this regard:

(a)

Lots of record as of the adoption or amendment of the Comprehensive Plan, whether located within a subdivision or without, but only to the extent of one single-family residence per lot; however, such lots shall not be contiguous on the same frontage as of the adoption or amendment of the Comprehensive Plan to any other lots owned by or under contract for deed to the persons applying for the single-family residence building permit; and

(b)

Contiguous lots of record as of the adoption of the Comprehensive Plan, whether located within a subdivision or without, where such lots are treated as one lot for one single-family residence.

(G)

Developments of regional impact.

(1)

Generally. Developments of regional impact authorized under F.S. § 380.06 pursuant to a valid, unexpired binding letter of vested rights issued by the State Land Planning Agency, including approved modifications to such binding letter of vested rights (the "binding letter"), shall automatically qualify for a vested rights certificate. Such permit shall recognize the vesting of the development as set forth in the binding letter for purposes of the Comprehensive Plan, from these LDRs. In lieu of Subsection 2.4.22(J) of this section, Limitation, on determination of vested rights, such vesting shall continue until development approved in the binding letter is complete or until the expiration or invalidation of the binding letter, whichever occurs first.

(2)

Change or deviation from vested development. Notwithstanding Subsection 2.4.22(J) of this section, Limitation, on determination of vested rights, a proposed change to a development vested hereunder shall be reviewed pursuant to the substantial deviation or change criteria provided for in F.S. § 380.06, as amended. A substantial deviation after the date of adoption or amendment of the Comprehensive Plan shall cause those development rights that are the subject of such deviation to become subject to the Comprehensive Plan, these LDRs. The request for issuance of the vested rights certificate shall consist of the binding letter along with a master plan of development or similar document previously approved by the City Commission.

(3)

Development of regional impact without a binding letter. Development of regional impact development vested under F.S. § 380.06 and for which a binding letter has not been issued shall qualify for a vested rights certificate, provided that the City issued a building permit or other authorization to commence development, and that in reliance on such permit or other authorization, there has been a change of position as required under the provisions of F.S. § 380.06; provided, however, in lieu of the limitations set forth in Subsection 2.4.22(J) of this section, Limitation on determination of vested rights, such vesting shall continue until such development is complete or until the State Land Planning Agency determines that such development is not entitled to be vested under F.S. § 380.06, whichever occurs first.

(H)

Statutory vesting. The right to develop or continue the development of property shall exist if:

(1)

A valid and unexpired final development order was issued by the City prior to adoption of this Comprehensive Plan;

(2)

Substantial development has occurred on a significant portion of the development authorized in the final development order or is completed; or

(3)

Development is continuing in good faith as of the adoption or amendment of the Comprehensive Plan.

For the purposes of this subsection, the term "final development order" means a development order which approved the development of land for a particular use or uses at a specified density of use and which allowed development activity to commence on the land for which the development order was issued. The term "substantial development" means all required permits necessary to commence and continue the development have been obtained; permitted clearing and grading has commenced on a significant portion of the development; and the actual construction of roads and the stormwater management system on that portion of the development is complete or is progressing in a manner that significantly moves the entire development toward completion.

(I)

Common law vesting. A right to develop or continue the development of property notwithstanding this Comprehensive Plan may be found to exist if the applicant proves by a preponderance of evidence that the owner or developer, acting in good faith and reasonable reliance upon some act or omission of the City, has made a substantial change in position or has incurred such extensive obligations and expenses that it would be highly inequitable and unjust to destroy the right to develop or to continue the development of the property.

(J)

Limitation on determination of vested rights.

(1)

Development subject to a vested rights certificate shall be consistent with the terms of the development approvals upon which the certificate was based. Substantial deviation from a prior approval, except as required by governmental action, shall cause the development to be subject to policies and implementing decisions and regulations of the Comprehensive Plan. The City Commission shall determine if a proposed or actual deviation change is a substantial deviation based upon:

(a)

A change in use or intensity of use that would increase the development's impacts on those public facilities subject to Concurrency by more than five percent.

(b)

A change in access to the project that would increase the development's transportation impacts by more than five percent on any road subject to Concurrency unless the access change would result in an overall improvement to the transportation network.

(2)

A vested rights certificate applies to the land and is therefore transferable from owner to owner of the land subject to the permit.

(3)

Notwithstanding anything in this section to the contrary, a vested rights determination may be revoked upon a showing by the City of a peril to public health, safety or general welfare of the residents of the City unknown at the time of approval.

2.4.23

Beneficial use determination.

(A)

Generally. If, after the submission and decision on the appropriate applications for development permit, a landowner in the City is of the opinion that an economically beneficial use of the land has been denied by the application of these LDRs, the procedures of this section shall be used prior to seeking relief from the courts in order that any denial of economically beneficial use of land may be remedied through a nonjudicial forum.

(B)

Purpose. The purpose and intent of the City Commission is that every landowner in the City enjoy an economically beneficial use of land. It is also the purpose and intent of this section to provide for relief to the landowner, where appropriate, from the application of these LDRs. The procedures set forth in this section are intended to permit landowners who believe they have been deprived of economically beneficial use of their land to apply to the City Commission for relief sufficient to provide an economically beneficial use of the land.

(C)

Procedure.

(1)

Application for a beneficial use determination. An application beneficial use determination may be filed by a landowner at any time with the LDR Administrator, along with an application fee.

(2)

Contents of application. The application shall be submitted in a form established by the LDR Administrator and made available to the public, and shall include the following:

(a)

The landowner's name and address.

(b)

A legal description and the street address (when a street address is available) of the land.

(c)

Documentation of the date of purchase and the purchase price of the land, and any offers to purchase the land made by any person, corporation, or association, within the last three years.

(d)

A description of the physical features present on the land, the land's total acreage, the present use of the land, and the use of the land at the time of the adoption of these LDRs.

(e)

Evidence of any investments made by the landowner to improve the land, the date the improvements were made, and the costs of the improvements.

(f)

A description of what uses of land were available when the land was purchased by the landowner.

(g)

A description of the regulations and uses permitted which are alleged to result in an elimination of economically beneficial use of the land.

(h)

All appraisals, studies, and any other supporting evidence, and any actions taken by the City related to the land.

(i)

A description of the use which the landowner believes represents the minimum legally required economically beneficial use of the land and all documentation, studies, and other supporting evidence thereof.

(3)

Determination of completeness.

(a)

The LDR Administrator shall determine, within seven days, if the application is complete and includes data in sufficient detail to evaluate the application to determine if it complies with the appropriate substantive requirements of this section.

(b)

If the LDR Administrator determines the application is not complete, a written notice shall be mailed to the applicant specifying the application's deficiencies. No further action shall be taken on the application until the deficiencies are remedied. If the applicant fails to correct the deficiencies within 30 days, the application shall be considered withdrawn, and the application fee shall be refunded.

(c)

When the application is determined complete, the LDR Administrator shall notify the applicant, in writing, of the application's sufficiency, and forward the application to a hearing officer for the scheduling of a hearing.

(4)

Establishment of date for hearing by hearing officer and notice. Within 30 days after the date the application has been determined sufficient by the LDR Administrator, the City Commission shall appoint a hearing officer to schedule and conduct a hearing on the application in accordance with the procedures and standards of this section.

(5)

Hearing by hearing officer. At the hearing, the applicant or the applicant's representative shall present the applicant's case and the City Attorney shall represent the City. All evidence presented shall be under oath, and the parties involved shall be permitted to cross examine witnesses. The sworn testimony and evidence shall pertain to the standards set forth in Subsection 2.4.23(D) of this section, as to whether the applicant has been deprived of an economically beneficial use of the land and the standards in Subsection 2.4.23(E) of this section, Granting of relief, pertaining to the degree of relief needed to provide the landowner with an economically beneficial use of the land.

(6)

Findings of the hearing officer. Within 45 days of the close of the hearing, the hearing officer shall prepare recommended findings of fact and a proposed order for the consideration of the City Commission. The findings and recommendations of the hearing officer as to whether the land is provided economically beneficial use shall be based on the evidence submitted and the standards in Subsection 2.4.23(D) of this section, Beneficial use standards. If the hearing officer finds that the applicant has been denied economically beneficial use of the subject land, then the hearing officer shall recommend a use that permits an economically beneficial use and results in a minimum change from the regulations of these LDRs as they apply to the subject land, in accordance with the standards set forth in Subsection 2.4.23(D) of this section, Beneficial use standards, and Subsection 2.4.23(E) of this section, Granting of relief, or other relief as is determined appropriate. The hearing officer's recommended findings of facts and proposed order shall be in writing and shall detail the basis of the conclusions from the record of the hearing.

(7)

Action by City Commission. The LDR Administrator shall schedule a hearing before the City Commission within 45 days of the date the hearing officer issues the recommended findings of fact and proposed order. At the hearing, the City Commission shall approve the findings of fact and proposed order of the hearing officer, or may attach conditions, modify, or reverse the findings of fact or proposed order of the hearing officer, based on the standards of Subsection 2.4.23(D) of this section, Beneficial use standards, and Subsection 2.4.23(E) of this section, Granting of relief. If the City Commission attaches conditions, modifies or reverses the findings of fact or proposed order, it shall do so only where the record of the hearing indicates that the hearing officer is unsupported by the record, or that the proposed order is not in conformance with the standards of Subsection 2.4.23(D) of this section, Beneficial use standards, and Subsection 2.4.23(E) of this section, Granting of relief.

(D)

Beneficial use standards. In determining if a landowner has been deprived of an economically beneficial use of land, the hearing officer and City Commission shall take into account the following factors:

(1)

Economically viable use. In making the determination of whether the land is provided an economically beneficial use, the hearing officer/City Commission shall first evaluate the uses of the land as provided by these LDRs, and the uses of land in relation to the uses provided similarly situated lands. For the purposes of this section, the term "economically beneficial use" means the opportunity to make a return equivalent to that which would have been received from a conservative financial investment. Transitory economic issues shall not be relevant to this determination.

(2)

Diminution in value. The market value of the land, as established by the comparable sales approach, prior to adoption of these LDRs, or any amendments thereto, which caused the landowner to apply for relief shall be compared to the market value of the land, as established by the comparable sales approach, with the regulations as applied. Market value of the land prior to the adoption of these LDRs, or any amendment thereto, shall constitute its highest and best use on (one day prior to the effective date of these amendments) or the date of purchase of the land, whichever is later, and any other land value/appraisal information that the applicant would like to be considered. All appraisals shall be proposed by qualified licensed appraisers, and shall follow the best professional practices as established by the profession. A mere diminution in market value is not sufficient to support a determination of denial of economically beneficial use.

(3)

External costs. The amount or nature of any subsidy that may be required by the City, neighbors, purchasers, tenants, or the public-at-large if the uses allowed under these LDRs are modified; or any other adverse effects on the City and its residents.

(4)

Current state of the law. The state of the law established by the United States Supreme Court, the Federal Circuit Courts of Appeals, and the Florida Supreme Court, and all other courts of competent jurisdiction, relevant to these standards.

(E)

Granting of relief.

(1)

Relief. If the finding is that a landowner has been deprived economically beneficial use of land, or is otherwise entitled to relief in accordance with the standards of this section, relief shall be granted.

(2)

Generally. In granting relief, the hearing officer may recommend and the City Commission may adopt any legally available incentive or measure reasonably necessary to offset any substantial economic hardship, and may condition such incentives upon approval of specific development plans. If there is a finding that the denial of the application would create a substantial economic hardship, the hearing officer may recommend and the City Commission may consider additional relief to provide an appropriate increase in market value or other benefit or return to the applicant sufficient to offset the substantial economic hardship. The types of incentives that the hearing officer may recommend and the City Commission may consider include, but are not limited to, the following:

(a)

An amendment of the Official Zoning Atlas (rezone) to a more appropriate classification, issuance of a special exception permit, issuance of a variance permit, approval of a site plan, or other appropriate land use regulatory action that will enable the applicant to realize a reasonable return on the land;

(b)

An opportunity to transfer density or cluster development on other land;

(c)

A waiver of permit fees;

(d)

Development finance assistance;

(e)

Approval of development on some portion of the land; or

(f)

Acquisition of all or a portion of the land at market value.

(3)

Minimum increase. In granting relief, the landowner shall be given the minimum increase in use density/intensity or other possible concessions from these LDRs in order to permit an economically beneficial use of the land or a use that is determined to be required by law. The highest use, or even an average or generally reasonable expectation, is not required or intended as the appropriate remedy. The following guidelines shall be used for determining the minimum economically beneficial use of land and, therefore, the amount of relief to be granted a landowner in order to reach that minimum:

(a)

A minimum economically beneficial use of the land should be one that does not have any governmental subsidy attached to the long-term safe occupation of the land. If such a subsidy is needed, then that should be reflected by lowering the use intensity that is considered a minimum economically viable use on a market valuation basis.

(b)

A use common to the City, although it may not involve further development of the land, is considered an economically viable use. Attention shall also be given to land uses that are considered to be the lowest intensity in the City but which uses still provide for occupation and living within the City. These land uses, as well, shall be considered economically viable uses.

(c)

The actual condition of the land shall be considered. The reality of limited development potential, given the natural condition of the land, shall not be attributed to the regulations applied to the land. If the land is such that it cannot safely accommodate development with normal grading and clearing practices, this fact shall lower the intensity of use that is considered a minimum economically beneficial use.

(d)

The potential for damages to either residents or land shall be assessed in determining economically viable use. The need for a governmental subsidy to future landowners shall be considered, and the cost of such subsidies shall be deducted from the otherwise established minimum economically beneficial use.

(e)

Expectations shall, in general, not be considered. Only reasonable expectations backed by investments as required by the current state of the law, shall be considered.

(f)

The current state of law established by the United States Supreme Court, the Federal Circuit Court of Appeals and the Florida Supreme Court, relevant to the granting of relief.

(4)

Appeal. The decision of the City Commission may be appealed to a court of law in Alachua County, Florida.

2.4.24

Wellfield exemption permit.

(A)

Purpose. The purpose of this section is to provide a means to exempt the storage of certain materials or to allow storage of regulated materials on a short-term basis within wellfield protection zones as identified in the Comprehensive Plan.

(B)

Applicability. The requirements of this section shall apply to any request to exempt the storage of agricultural chemicals, or petroleum products, within a wellfield protection zone on a temporary or permanent basis.

(C)

Procedure.

(1)

Application review, notification, and scheduling hearing. The procedures and requirements for submission and review of an application are established in Section 2.2, Common development review procedures.

(2)

Review and recommendation by PZB. After preparation of a staff report, public notification, and the scheduling of the public hearing, the application shall be referred to the PZB by the LDR Administrator. The PZB shall conduct a public hearing on the application in accordance with Section 2.3.1, Quasi-judicial public hearings. At the public hearing, the PZB shall consider the application, the relevant support materials, the staff report, the testimony and evidence given at the public hearing, and following the close of the public hearing, make a report to the City Commission recommending either to approve, approve with conditions, or deny the application based on the standards in Subsection 2.4.24(D) of this section, Standards. The PZB shall forward the report to the City Commission.

(3)

Review and action by City Commission. After receipt of the report from the PZB, public notification, and the scheduling of the public hearing, the City Commission shall consider the application at a public hearing conducted in accordance with Section 2.3.1, Quasi-judicial public hearings. At the hearing, the City Commission shall review the application, the relevant support materials, the staff report, the report of the PZB, and the testimony and evidence given at the hearing. After the close of the hearing, the City Commission shall either approve the application, approve the application with conditions, or deny the application, based on the standards of Subsection 2.4.24(D) of this section, Standards.

(D)

Standards. A wellfield exemption permit shall be approved upon a finding the application complies with the standards in Section 6.9.7(B)(8), Activities requiring storage prohibited, and all relevant standards of the Comprehensive Plan.

(E)

Conditions of approval. In approving a wellfield exemption permit, the City Commission may impose appropriate conditions on the permit approval in accordance with Section 2.2.14, Conditions of approval.

(F)

Expiration. A wellfield exemption permit shall be effective beginning on the date specified in the permit approval, and shall remain effective for the period indicated on the permit.

(G)

Amendment. A wellfield exemption permit may be amended, extended or modified only in accordance with the procedures and standards established for its original approval.

(Ord. No. 09-30, § 3(2.4.4, 2.4.9), 9-28-2009; Ord. No. 12-04, § 3, 12-12-2011; Ord. No. 13-01, § 3, 12-10-2012; Ord. No. 13-12, § 3, 8-12-2013; Ord. No. 18-01, § 3(Exh. A), 10-23-2017; Ord. No. 18-05, § 3(Exh. A), 2-12-2018; Ord. No. 18-08, § 3(Exh. A), 4-9-2018; Ord. No. 19-22, § 3(Exh. A), 3-25-2019; Ord. No. 19-31, § 3(Exh. A), 7-22-2019; Ord. No. 20-08, § 3(Exh. A), 7-27-2020; Ord. No. 21-07, § 3(Exh. A), 6-14-2021; Ord. No. 22-01, § 3(Exh. A), 10-11-2021; Ord. No. 24-01, § 3(Exh. A), 12-11-2023; Ord. No. 25-03 meeting, § 3(Exh. A), 1-13-2025)

State Law reference— Provisions to provide for protection of potable water wellfields required, F.S. § 163.3202(2)(c).

2.5.1

Findings.

(A)

Long-range planning of infrastructure implements Comprehensive Plan. The comprehensive, long-range planning of the City's facilities and infrastructure serves to implement the City's Comprehensive Plan and ensure the presence of infrastructure necessary for coordinated growth.

(B)

Ability to provide proposed developments greater certainty in application of land use policy and City laws attracts greater capital and more desirable projects. The ability to provide proposed developments with greater certainty in the application of land use policy and the application of the City's laws and codes will attract greater capital to the City and more desirable projects for the City; will result in a more efficient use of economic and land resources; will encourage sound capital improvement planning and financing; will lower the cost of development; and will encourage commitment to Comprehensive Planning.

(C)

Implementation of development agreement act supplements City's home rule authority. Implementation of the provisions of the Florida Local Government Development Agreement Act, F.S. §§ 163.3220—163.3243 ("Act"), will provide a formal method that supplements the City's home rule authority and will provide additional means by which the foregoing goals can be attained with even greater certainty.

(D)

City Commission is empowered to adopt procedures that govern development agreements. The City Commission, as the applicable local government, is empowered by the Act to adopt procedures to govern the adoption of the development agreements.

2.5.2

Intent. It is the intent of this section to set forth the procedures and requirements necessary for the City Commission to consider and enter into development agreements, at their sole discretion, in accordance with the provisions of this section and applicable Florida law. It is the further intent of this section to encourage a strong commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development concurrent with the impacts of development, encourage the efficient use of resources, and reduce the economic cost of development.

2.5.3

Procedure for review of development agreement.

(A)

Submission of application. An application for a development agreement and a proposed development agreement shall be submitted to the LDR Administrator only by a qualified applicant, in conjunction with or separate from any other application for development permit, on a form provided by the LDR Administrator and made available to the public. The application shall be accompanied by the applicable materials specified in the Administrative Manual and an application fee (Section 2.2.2(C)).

(B)

Review and recommendations of City departments. Within 20 working days of the date the LDR Administrator determines the application is complete, a staff report shall be prepared in accordance with Section 2.2.7, Preparation of staff report.

(C)

Review and recommendation by PZB. After preparation of a staff report, public notification, and the scheduling of the public hearing, the application for a development agreement shall be referred to the PZB (sitting as the LPA) by the LDR Administrator. The PZB shall conduct a public hearing on the application in accordance with Section 2.3.2, Standard public hearings. At the public hearing, the PZB shall consider the application, the relevant support materials, the staff report, the testimony and evidence given at the public hearing, and following the close of the public hearing, make a report to the City Commission recommending either to enter into or not to enter into the proposed development agreement based on the standards in this section.

(D)

Review and action by City Commission.

(1)

Two public hearings. After receipt of the report from the PZB, the application and proposed development agreement shall be considered at two public hearings by the City Commission. The day, time, and place of the second public hearing shall be announced at the first public hearing. The hearings shall be noticed consistent with the requirements of F.S. § 163.3225.

(2)

Action. At the conclusion of the second public hearing, and based upon consideration of the application and the proposed development agreement, the staff report, the report of the PZB, and public testimony and evidence received during the public hearing, the City Commission, in their sole discretion, shall decide to either enter into or not enter into the development agreement, based upon the standards in this section.

2.5.4

Contents of development agreement. A development agreement shall, at minimum, include the following provisions:

(A)

Legal description and owner. A legal description of the land subject to the development agreement and the names of the legal and equitable owners.

(B)

Duration. The duration of the development agreement, which shall not exceed ten years, or such time as the Act may provide.

(C)

Uses, densities, intensities and height. The development uses permitted on the land ,including population densities, building intensities and height.

(D)

Future land use map designation. The land use designation of the land subject to the development agreement under the future land use element of the Alachua Comprehensive Plan and FLUM.

(E)

Zoning. The current zoning of the land subject to the development agreement.

(F)

Conceptual site plan. A conceptual site plan indicating phases, if the development is subject to phasing.

(G)

Public facility adequacy. A description of public facilities that will service the development, including who shall provide such facilities, the date any new public facilities, if needed, will be constructed, and a schedule to ensure public facilities are available concurrent with the impact of the development. Any public facilities to be designed and/or constructed by the developer shall be in compliance with all applicable Federal, State and City standards to ensure the quality of the public facilities. The standards shall include, but not be limited to, guarantees of performance and quality, and project controls (including scheduling, quality controls, and quality assurances).

(H)

Reservation or dedication of land. A description of any reservations or dedications of land for public purposes.

(I)

Local development permits. A description of all local development permits approved or needed to be approved for the development of the land, including but not limited to, the following:

(1)

Any required Comprehensive Plan amendments.

(2)

Any required amendments to the Official Zoning Atlas (rezoning) (Section 2.4.2).

(3)

Any required submission to the North Central Florida Regional Planning Council (NCFRPC).

(4)

Any required permits from the FDEP, the U.S. ACOE, the SRWMD, the U.S. EPA and other governmental permissions that are required.

(5)

Any subdivision approvals (Section 2.4.10).

(6)

Site plan approval (Section 2.4.9) and agreement that in the event that a site plan is required by these LDRs, all the requirements of the site plan process shall be met prior to development.

(J)

Consistent with Comprehensive Plan and LDRs. Demonstration the development permitted or proposed is consistent with the Comprehensive Plan and these LDRs.

(K)

Local development permits obtained by applicant/property owner. A statement that all local development permits identified in subsection 2.5.4(I) of this section, Local development permits, shall be obtained at the sole cost of the applicant/landowner and, that in the event that any such local development permits are not received, no further development of the land shall be allowed until such time as the City Commission has reviewed the matter and determined whether or not to terminate the development agreement, or to modify it in a manner consistent with the public interest and the Comprehensive Plan.

(L)

Compliance with laws not identified in development agreement. A statement indicating that failure of the development agreement to address a particular permit, condition, term, or restriction shall not relieve the applicant/landowner of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions, and that any matter or thing required to be done under existing ordinances of the City shall not be otherwise amended, modified or waived unless such modification, amendment or waiver is expressly provided for in the development agreement with specific reference to the LDRs so waived, modified or amended.

(M)

Compliance with subsequently adopted laws and policies. A statement recognizing and anticipating the conditions and changes in laws which the parties contemplate development in the development agreement will be subject.

(N)

Conditions necessary to protect health, safety and welfare. Such conditions, terms, restrictions, or other requirements determined to be necessary by the City for the public health, safety, or welfare of its citizens.

2.5.5

Standards for review. Development agreements shall be approved only if all required provisions are included and if the City Commission makes the following findings:

(A)

Consistency with Comprehensive Plan. The development permitted or proposed in the development agreement is consistent with the City's Comprehensive Plan. No development agreement shall be effective or implemented by the City Commission unless any Comprehensive Plan amendments required are found in compliance by the State planning laws.

(B)

Consistency with these LDRs. The development permitted or proposed in the development agreement is consistent with these LDRs.

(C)

Furthers public health, safety and welfare. The development permitted or proposed in the development agreement furthers the public health, safety and welfare of the City.

2.5.6

Duration of development agreement. The duration of a development agreement shall not exceed ten years or such time as the Act may provide. A development agreement may be extended by mutual consent of the City Commission and the developer, subject to public hearings in accordance with Subsection 2.5.3 of this section, Procedure for review of development agreement. The term of any one extension shall not exceed five years or such time as the Act may provide.

2.5.7

Execution of development agreement. A development agreement shall be executed by all persons having legal or equitable title in the land subject to the development agreement, including the fee simple owner and any mortgagees, unless the City Attorney approves the execution of the development agreement without the necessity of such joinder or subordination based on a determination that the substantial interests of the City will not be adversely affected thereby. A development agreement is determined to be a legislative act of the City in the furtherance of its powers to plan, zone and regulate development within its boundaries and, as such, shall be superior to the rights of existing mortgagees, lien holders or other persons with a legal or equitable interest in the subject property and the development agreement, and the obligations and responsibilities arising thereunder on the landowner shall be superior to the rights of said mortgagees or lien holders and shall not be subject to foreclosure under the terms of mortgages or liens entered into or recorded prior to the execution and recordation of the development agreement.

2.5.8

Recordation and effectiveness.

(A)

Generally. The City shall record the development agreement within 14 days of entering into the development agreement, with the Clerk of Circuit Court of Alachua County. If the development agreement is amended, canceled, modified, extended, or revoked, the LDR Administrator shall record the agreement with the Clerk of the Alachua County Circuit Court and in the public records of the City. A copy of all development agreements shall be kept by the LDR Administrator in a separate book located in the offices of the LDR Administrator.

(B)

Effective date. A development agreement shall not be effective until it is properly recorded in the public records of Alachua County.

2.5.9

Amendment and cancellation of agreement by mutual consent. A development agreement may be amended or canceled by mutual consent of the parties to the Agreement or by their successors in interest. Prior to amending a development agreement, the City Commission shall hold public hearings on the proposed amendment, in accordance with the requirements of Subsection 2.5.3 of this section, Procedure for review of development agreement.

2.5.10

City of Alachua laws and policies governing development agreements. The City's laws and policies governing the development of land at the time of execution of the development agreement shall govern the development of land subject to a development agreement for the duration of the development agreement, except the City may apply subsequently adopted laws and policies to land and/or development subject to a development agreement only if the City Commission has held a public hearing that complies with F.S. § 163.3225 and for which 30 days' written notice is provided to all parties to the development agreement (except in case of emergency), and the following determinations are made:

(A)

Not in conflict with laws and policies governing development agreements. They are not in conflict with the laws and policies governing the development agreement and do not prevent development of the land uses, intensities, or densities in the development agreement;

(B)

Essential to public health, safety or welfare, and state they apply. They are essential to the public health, safety, or welfare, and expressly state they shall apply to a development that is subject to a development agreement;

(C)

Anticipated and provided for. They are specifically anticipated and provided for in the development agreement;

(D)

Substantial changes. Substantial changes have occurred in pertinent conditions existing at the time of approval of the development agreement; or

(E)

Based on inaccurate information. The development agreement is based on substantially inaccurate information supplied by the developer.

2.5.11

Periodic review. The City shall review the land and/or development subject to the development agreement at least once every 12 months to determine if there has been a demonstration of good faith compliance with the terms of the development agreement. For each annual review conducted during the years six through ten of a development agreement, the review shall be incorporated into a written report, which shall be submitted to the parties to the development agreement. If the City Commission finds, on the basis of substantial competence evidence, there has been a failure to comply with the terms of the development agreement, the City Commission may revoke or modify the development agreement.

2.5.12

Effect of contrary State or Federal laws. In the event that State or Federal laws are enacted after the execution of a development agreement which are applicable to and preclude the parties' compliance with the terms of the development agreement, the agreement shall be modified or revoked as is necessary to comply with the relevant State or Federal laws. The modification or revocation shall take place only after the City Commission considers the matter in accordance with the procedures in Subsection 2.5.3 of this section, Procedure for review of development agreement.

2.5.13

Enforcement. Any party, any aggrieved or adversely affected person may file an action for injunctive relief in the Circuit Court for Alachua County to enforce the terms of a development agreement or to challenge compliance of the development agreement with the provisions of this section and the Florida Local Government Development Agreement Act (F.S. § 163.3220 et seq.)