6.1.1

Purpose and intent. It is the purpose and intent of these LDRs that the public health, safety, and welfare requires development be provided with adequate off-street parking facilities for the use of occupants, employees, visitors, customers, or patrons. It is also the purpose and intent of these LDRs that the public health, safety, and welfare require that certain uses provide adequate off-street loading facilities. All required off-street parking and off-street loading facilities shall be maintained and continued as long as the development continues.

6.1.2

Applicability.

(A)

Generally. The provisions of this Section 6.1, Off-street parking and loading standards, shall apply to all development within the City.

(B)

Time of compliance; plan required. A plan shall be submitted with an application for a site and development plan (Section 2.4.9, Minor site plans, site plans, and infrastructure plans), subdivision (Section 2.4.10, Subdivision), planned development (Section 2.4.3, Planned development), or building permit, whichever occurs first, for any development or change in use that is required to provide off-street parking in accordance with this section. The plan shall accurately designate the required parking spaces, access aisles, and driveways, and the relation of the off-street parking facilities to the uses or structures such facilities are designed to serve.

6.1.3

General standards for off-street parking and loading.

(A)

Development in existence on February 27, 2006.

(1)

No enlargement in floor area. Development in existence on February 27, 2006, that is altered or remodeled is not required to provide additional off-street parking or off-street loading facilities if the floor area is not increased.

(2)

Enlargement in floor area. Development in existence on February 27, 2006, that is enlarged in floor area, shall provide the off-street parking and off-street loading facilities required by the standards of this section for the floor area added to the development.

(3)

Change in use. Development in existence on February 27, 2006, in which there is a change in use shall comply with the standards of this section (provide additional off-street parking or loading facilities if there is a difference between the off-street parking or off-street loading facilities required by this section and the off-street parking and loading facilities on site prior to the change in use).

(B)

Off-street parking not used for sales or display, dead storage, repair, dismantling, or servicing. Required off-street parking facilities shall not be used for sales or display, dead storage, repair, dismantling or servicing of any type or kind, nor shall areas devoted to such uses be used to comply with the off-street parking standards of this section.

(C)

Off-street parking in required yards. Unless otherwise specified and subject to meeting required landscape buffer standards (Section 6.2), all required yards may be used for off-street parking.

(D)

Identified as to purpose and location. Required off-street parking and off-street loading standards shall be identified as to purpose and location when not clearly evident. Paved public parking areas shall include painted lines, bumper stops, or other methods of identifying individual parking spaces and distinguishing such spaces from aisleways.

(E)

Surfacing of off-street parking.

(1)

Generally. Required off-street parking and off-street loading areas shall, at a minimum, be surfaced with structurally adequate asphaltic concrete or concrete surface course, and maintained in a smooth, well-graded condition (driveways, access aisles, and parking spaces for all public and private schools offering academic courses may be surfaced with grass or lawn).

(2)

Spaces that exceed minimum standards. Where the number of off-street parking spaces provided exceeds the minimum number required by Table 6.1-1, Minimum Off-Street Parking Standards, any additional spaces may be surfaced with alternative surfacing materials. In all cases where alternative surfacing materials are used, such parking spaces shall be located further from the primary pedestrian entrance to the primary structure than those parking spaces paved with impervious materials.

(3)

Alternative surfacing materials. The LDR Administrator may approve the use of pervious or semi-pervious parking area surfacing materials, including but not limited to grass, semipervious concrete block planted with grass, gravel, crushed stone, and recycled materials such as glass, rubber, used asphalt, brick, block and concrete for off-street parking spaces which exceed the minimum standards, provided that such areas are properly maintained. Where possible, such materials should be used in areas proximate to and in combination with on-site stormwater control devices.

(F)

Drained to avoid nuisances. Required off-street parking shall be drained so as not to cause any nuisance on adjacent property.

(G)

Lighted to prevent glare. Required off-street parking shall be lighted to prevent glare or excessive light on adjacent property, in accordance with Section 6.4, Exterior lighting standards.

(H)

Arrangement. Required off-street parking shall be arranged for convenient access and safety of pedestrians and vehicles.

(I)

Curb breaks. Required off-street parking shall be designed to conform to curb break requirements. (See Section 7.3.1, Streets.)

(J)

Arranged so no vehicles back onto streets. Required off-street parking shall be arranged so no vehicle shall be required to back from such facilities directly onto public streets.

(K)

Curbs and motor vehicle stops. Required off-street parking shall be designed to provide curbs or motor vehicle stops or similar devices to prevent vehicles from overhanging on or into public right-of-way or adjacent property.

(L)

Maintained in good repair. Required off-street parking shall be maintained in good repair, and in safe condition at all times, so as not to constitute a hazard to public safety or a visual or aesthetic nuisance to surrounding properties.

(M)

Portions not apply to one- and two-family dwellings. The design, construction, and arrangement requirements set forth in this section for off-street parking and off-street loading facilities do not apply to one- and two-family (duplex) dwellings.

(N)

Large retail establishments. Off-street surface parking serving a large retail establishment shall be located and configured in accordance with the standards of this section and Section 6.8.3(D), Off-street parking.

6.1.4

Off-street parking standards.

(A)

Location.

(1)

General requirements. Unless established in accordance with Subsection 6.1.11 of this section, Alternative compliance, all required off-street parking facilities shall be located on the same lot or parcel of land they are intended to serve. Required off-street parking areas for three or more automobiles shall be designed, maintained, and regulated so that no parking or maneuvering incidental to parking shall be on a public street or walk, and so that an automobile may be parked and unparked without moving another automobile.

(2)

Exception. Notwithstanding Subsection 6.1.4(A)(1) of this section, the Board of Adjustment may allow the establishment of off-street parking facilities within 300 feet of the premises they are intended to serve when:

(a)

Practical difficulties prevent the placing of the facilities on the same lot as the premises they are designed to serve;

(b)

The owner/developer of the parking area enters into a written agreement with the City, with enforcement running to the City, providing that the land comprising the parking area shall never be disposed of except in conjunction with the sale of the building that the parking area serves, so long as the facilities are required; and

(c)

The owner/developer agrees to bear the expense of recording the agreement and agrees that the agreement shall be voided by the City if other off-street facilities are provided for the development in accordance with the requirements of this section.

(B)

Amount required.

(1)

Minimum off-street parking required. All development allowed in accordance with Table 4.1-1, Table of Allowed Uses, shall provide at least the minimum amounts of off-street parking shown in the following Table 6.1-1, Minimum Off-Street Parking Standards:

(2)

Exceptions for certain zone districts.

(a)

No parking shall be required for any uses and activities in the CSV district.

(b)

The minimum number of required off-street parking spaces shall be reduced by 50 percent in the CBD district. Uses in the CBD district are not precluded from utilizing the alternative compliance standards in Section 6.1.11.

(c)

No off-street parking shall be required for any use or activity existing on February 27, 2006. However, if a residential use existing at the time of February 27, 2006, is changed, then off-street parking shall be provided as required in accordance with this section. In addition, uses in buildings constructed after the effective date of these LDRs shall provide off-street parking as required in accordance with this section.

(d)

Off-street parking shall not be required for new development, redevelopment, or additions to an existing development when the development, redevelopment, or addition is adjacent to Main Street and located between NW 150th Avenue and NW 145th Avenue, when it is demonstrated that no feasible option exists to provide off-street parking in accordance with Subsection 6.1.4(B)(1). When it is demonstrated that no feasible option exists to comply with the off-street parking standards established in Subsection 6.1.4(B)(1), but a fractional portion of the required off-street parking could be provided, the development, redevelopment, or addition to existing development shall provide such fractional portion of the off-street parking requirement.

(3)

Unlisted uses. In the event a use is not listed in Table 6.1-1, Minimum Off-Street Parking Standards, the minimum required off-street parking requirement shall be that of the use with parking requirements or characteristics that are most similar to the unlisted use, as determined by the LDR Administrator.

(4)

Alternative minimum requirement. Regardless of any other requirement of these LDRs, including without limitation the requirements of Table 6.1-1, Minimum Off-Street Parking Standards, each and every separate individual store, office, or other business shall be provided with at least one off-street parking space, unless specific provision to the contrary is made.

(5)

Maximum off-street parking allowed.

(a)

For any use categorized in Table 6.1-1, Minimum Off-Street Parking Standards, off-street automobile parking spaces shall not be provided in an amount that is more than 125 percent of the minimum requirements established in Table 6.1-1. For example, a use required to provide a minimum of 30 off-street parking spaces based on Table 6.1-1 shall not provide more than a total of 38 spaces (30 times 1.25 equals 37.5).

(b)

The maximum number of allowable parking spaces may be adjusted by the LDR Administrator if the applicant provides written information demonstrating the proposed use would not be economically viable without such adjustment.

(6)

Reductions for affordable housing units. The minimum off-street parking requirements in Table 4.1-1, Table of Allowed Uses, may be reduced by up to 50 percent for single-family detached and attached, two- to four-family dwellings, townhouse, multiple-family, live/work and upper story dwellings provided that such uses are:

(a)

Located in the RSF-6, RMF-8, RMF-15, OR and CI zone districts;

(b)

Deed restricted as affordable housing for low-income residents; and

(c)

Constructed under the density bonus provisions in Article 5 for such uses.

(7)

Exceptions for mixed-use development. The minimum number of off-street parking spaces shall be reduced by 25 percent for mixed-use developments located in the OR, CN, or CC districts.

(C)

Parking of certain vehicles and major recreational equipment.

(1)

Automotive vehicles or trailers. In residential districts, automotive vehicles or trailers of any type without current license plates shall not be parked or stored other than in completely enclosed buildings.

(2)

Major recreational equipment. No major recreational equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a lot in a residential district, or in any other location not approved for such use. In residential districts, major recreational equipment may be parked or stored in a rear or side yard, but not in a required front yard; provided, however, that such equipment may be parked anywhere on residential premises for a period not to exceed 24 hours during loading and unloading. For the purposes of this section, major recreational equipment is defined as including boats and boat trailers, travel trailers, pick-up campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, houseboats and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not.

(3)

Storage or overnight parking of commercial or industrial vehicles. Storage or overnight parking of commercial or industrial vehicles in excess of one ton capacity is prohibited in all residential districts. Storage or overnight parking of commercial or industrial vehicles in excess of one ton capacity is prohibited business districts unless said location within the business district is approved for such use.

(4)

Storage or overnight parking of recreational vehicles. No recreational vehicle, as defined above, shall be stored or parked overnight in business districts, unless said location within the business district is approved for such use.

(D)

Bicycle parking.

(1)

Required improvements. All development with off-street surface parking lots with 50 or more parking spaces shall provide bicycle parking facilities in accordance with the following standards:

(a)

Rate of provision. Bicycle parking shall be provided at a rate of one space for every ten required parking spaces.

(b)

Located within 50 feet of building's front façade. Bicycle parking facilities shall be located within 50 linear feet of the building's front façade, and located near the building's main entrance where feasible, and outside of vehicular use areas and pedestrian travel ways; and

(c)

Securing device. Bicycle parking areas shall be equipped with a rack or other device to enabled bicycles to be secured.

(2)

Incentives for bicycle parking facilities.

(a)

For developments served by fewer than 50 off-street parking spaces, the minimum number off-street parking spaces required in Table 6.1-1, Minimum Off-Street Parking Standards, may be reduced by up to ten percent based on the provision of at least five bicycle parking spaces in accordance with the standards in Subsection 6.1.4(D)(1) of this section.

6.1.5

Off-street loading standards. Off-street loading facilities are required by these LDRs so that vehicles engaged in unloading will not encroach on or interfere with public use of streets and alleys.

(A)

Plan required. A plan shall be submitted with every application for a building permit for any use or structure required to provide off-street loading facilities. The plan shall accurately designate the required off-street loading spaces, access to such parking spaces, and the dimensions and clearances of such spaces.

(B)

Location. Each off-street loading space shall be directly accessible from a street or alley without crossing or entering any other required off-street loading space. Such loading space shall be arranged for convenient and safe ingress and egress by motor truck and/or trailer combination.

(C)

Amounts required. Off-street loading spaces shall be provided and maintained as follows:

(1)

Retail commercial store, service establishment, storage warehouse, wholesale establishment, research or industrial plant, factory, freight terminal, restaurant, dry cleaning and laundry package plant, funeral home, or similar use. Each retail commercial store, service establishment, storage warehouse, wholesale establishment, research or industrial plant, factory, freight terminal, restaurant, dry cleaning and laundry package plant, funeral home, or similar use shall provide off-street loading spaces as set forth in the following Table 6.1-2, Retail Off-Street Loading Standards:

(2)

Multifamily, townhouse, or two- to four-family dwellings. For each multiple-family, townhouse, or two- to four-family dwelling having at least 20 dwelling units but not over 50 dwelling units: two spaces. For each multiple-family, townhouse, or two- to four-family dwelling having over 50 dwelling units: two spaces, plus two spaces for each additional 50 dwelling units, or major fraction thereof.

(3)

Auditorium, convention hall, exhibition hall, museum, motel, hotel, financial institution, office, sports area, stadium, hospital, or similar use. For each auditorium, convention hall, exhibition hall, museum, motel, hotel, financial institution, office, sports arena, stadium, hospital, or similar use that has an aggregate floor area of over 10,000 square feet but not over 40,000 square feet: one space; plus for each additional 60,000 square feet over 40,000 square feet or major fraction thereof: one space.

(4)

Other similar uses. For any use not specifically mentioned, the standards for off-street loading facilities for a use that is identified in this subsection and to which the unmentioned use is similar shall apply.

6.1.6

Computation of parking and loading standards.

(A)

Fractional measurements. When units or measurements determining number of required off-street parking or loading spaces result in requirement of a fractional space, then such fraction equal or greater than one-half shall require a full off-street parking or loading space.

(B)

Separate parking spaces required. No part of an off-street parking area required for any building or use shall be included as a part of an off-street parking area similarly required for another building or use unless the LDR Administrator finds the type of use indicates that the period of usage will not overlap or be concurrent with each other.

(C)

Separate loading spaces required. Off-street loading facilities supplied to meet the needs of one use may not be considered as meeting the needs of another use. Off-street parking facilities may not be used or counted as meeting the off-street loading standards.

6.1.7

Design and maintenance standards.

(A)

Parking dimensions.

(1)

Generally. Each off-street parking space, with the exception of handicapped parking spaces, shall be a minimum of nine feet by 18 feet in size. Minimum aisle width shall be as shown in the following table:

(B)

Loading space dimensions. Each off-street loading space shall have clear horizontal dimensions of 12 feet by 30 feet, exclusive of platforms and piers, and a clear vertical dimension of 14 feet.

(C)

Unique site constraints. Where unique site configurations or constraints preclude the construction of some parking spaces meeting the minimum dimensions set forth in this subsection, the LDR Administrator may authorize the replacement of up to five percent of required parking spaces by parking spaces with reduced dimensions, provided that:

(1)

Minimum dimensions. No such parking space approved by the LDR Administrator shall have dimensions smaller than eight feet in width by 15 feet in length; and

(2)

Marked for use for compact cars only. Each such parking space shall be required to be clearly marked for use only by compact vehicles.

(D)

Landscaping and screening. All required off-street parking and loading areas shall comply with the provisions of Section 6.2, Tree protection/landscape/xeriscape standards, as they apply to parking and loading areas.

6.1.8

Vehicle stacking spaces. The development and design standards of this subsection shall apply to all drive-in and drive-through facilities and other auto-oriented uses.

(A)

Minimum number of vehicle stacking spaces. Off-street stacking spaces shall be provided as follows:

(B)

Design and layout. Required drive-through lanes and facilities and vehicle stacking spaces are subject to the following design and layout standards:

(1)

Vehicle stacking spaces.

(a)

Size. Vehicle stacking spaces shall be a minimum of nine feet by 20 feet in size.

(b)

Location. Stacking spaces shall not impede on-site or off-site traffic movements, nor impede movements into or out of off-street parking spaces.

(c)

Design.

(i)

Stacking spaces shall be separated from other internal driveways by raised medians if the LDR Administrator determines the median is necessary for traffic movement and safety.

(ii)

Vehicle stacking areas adjacent to public streets or sidewalks shall be separated from such streets or sidewalks by walls or landscaping with berms.

(2)

Drive-in and drive-through facilities and lanes.

(a)

Drive-in facilities (e.g., order stations, pick-up windows, bank teller windows, money machines, etc.) shall be located on the side or rear of principal structures to minimize their visibility from public streets.

(b)

To the maximum extent practicable, drive-in lanes shall not be located between the principal structure and adjacent public streets or sidewalks, or other public gathering places (such as a park or a bus stop). If this is not possible, drive-in lanes and facilities shall be set back a minimum of 20 feet from any adjacent public street or sidewalk or other public place. The entire 20-foot setback shall be landscaped and bermed to screen the drive-in lane and facility from adjacent streets and block the exhaust from idling automobiles.

(c)

Carwash facilities and gas station auto service bays shall be located on the side or rear of principal structures to minimize their visibility from public streets.

(d)

In addition to any screening required by Section 6.2, Tree protection/landscape/xeriscape standards, drive-in lanes adjacent to residential uses shall be separated from such uses by an opaque wall at least six feet high, located so that required buffer landscaping is between the wall and the adjacent residential use.

(3)

Primary drive aisles. Primary drive aisles are required within off-street surface parking lots of 300 or more spaces, and shall be configured to appear as an extension of the public street network through the provision of:

(a)

Sidewalks, parallel to the building facade located along both sides of the aisle;

(b)

At least one designated crosswalk connecting the sidewalks near the primary entrance of each building served;

(c)

Canopy trees, spaced no less than 40 feet on center, located on both sides of the aisle, within three feet of the curb, and extending the full length of the aisle;

(d)

Designated parallel parking spaces on both sides of the drive aisle; and

(e)

A road crown in the center of the aisle to encourage positive drainage and to simulate a public street.

6.1.9

Accessible parking for disabled persons.

(A)

Amount of accessible spaces. Except as otherwise specified in these LDRs, required off-street parking areas shall have a number of level parking spaces that do not exceed a two percent grade, as set forth in Table 6.1-5, Required Accessible Parking Spaces, identified by above-grade signs as being reserved for physically handicapped persons. These spaces shall be included in the required number of parking space required in Table 6.1-1, Minimum Off-Street Parking Standards. Each parking space so reserved shall be not less than 12 feet in width and 18 feet in length.

(B)

Location of handicapped spaces. Parking spaces for the physically handicapped shall be located as close as possible to elevators, ramps, walkways and entrances. These parking spaces should be located so that physically handicapped persons are not compelled to wheel or walk behind parked cars to reach entrances, ramps, walkways and elevators.

6.1.10

Pedestrian facilities.

(A)

Required improvements. Pedestrian pathways shall be provided in off-street surface parking lots with 100 or more parking spaces, in accordance with the following standards:

(1)

Pedestrian crosswalks, at least ten feet in width, either raised above the adjacent pavement, striped, or otherwise designated through the use of alternative materials, shall be located between all primary building entrances and the parking areas serving those entrances; and

(2)

Within parking lots of 300 or more spaces, improved pedestrian pathways, with a minimum width of three feet, located in continuous landscaped parking islands, shall be provided at least every fourth row of parking spaces.

(B)

Incentives for pedestrian facilities. The minimum number of off-street parking spaces required in Table 6.1-1, Minimum Off-Street Parking Standards, may be reduced through the provision of the following features:

(1)

Crosswalks in lots with fewer than 100 spaces. The minimum number of off-street parking spaces required in Table 6.1-1 may be reduced by up to five percent in off-street surface parking lots with fewer than 100 required spaces based on the provision of one or more ten-foot-wide designated crosswalks, either raised above the adjacent pavement, striped, or otherwise designated through the use of alternative materials, located between the primary entrances and the parking areas serving those entrances.

(2)

Pedestrian pathways in lots with fewer than 300 spaces. The minimum number of off-street parking spaces required in Table 6.1-1 may be reduced by up to five percent in off-street surface parking lots with fewer than 300 required spaces based on the provision of one or more improved pedestrian pathway, with a minimum width of three feet, located in a continuous landscaped parking island, and provided at least every fourth row of parking spaces.

(3)

Designated public gathering space. In addition to the incentives included above, any development with 20 or more required off-street parking spaces may reduce the minimum number of required off-street parking spaces by five percent through the provision of a designated public space adjacent to a primary building entrance that includes a shaded seating area at least 100 square feet in size, and at least two of the following:

(a)

Water feature;

(b)

Children's play area;

(c)

Public art;

(d)

Area for food vending;

(e)

Public telephone; or

(f)

Other feature approved by the LDR Administrator.

6.1.11

Alternative compliance.

(A)

Combined off-street parking. Two or more owners or operators of buildings or uses requiring off-street parking facilities may make collective provision for such facilities, provided that the total of such parking spaces when combined or used together shall not be less than the sum of the requirements computed separately.

(B)

Combined off-street loading. Collective, joint, or combined provisions for off-street loading facilities for two or more buildings or uses may be made, provided that such off-street loading facilities are equal in size and capacity to the combined requirements of the several buildings or uses and are designed, located, and arranged to be usable by such uses.

(C)

Shared parking plan. If a property owner in a business district believes that the full number of off-street parking spaces required by Table 6.1-1, Minimum Off-Street Parking Standards, is not necessary to provide adequate off-street parking for the proposed use because of:

(a)

Unique characteristics of the site or the proposed uses;

(b)

The property owner's desire to share parking spaces with nearby uses in a manner that is not authorized by Subsection 6.1.11(A) of this section; or

(c)

The property owner's desire to have two or more adjacent properties considered as a single parcel for purposes of compliance with parking requirements, and the sum of the available parking on such lots is sufficient to meet the sum of the minimum off-street parking requirements for each use on such properties, the property owner may apply to the LDR Administrator for approval of a shared parking plan.

The LDR Administrator may approve such an application, or approve it with modifications, if it is determined the shared parking plan provides adequate off-street parking for the proposed uses, and would not significantly increase on-street parking in the area. The LDR Administrator may condition the approval of a shared parking plan on the applicant adopting restrictions on hours of operation of one or more participating use in order to ensure that the shared parking is adequate for anticipated needs.

(D)

Parking reserve. If a property owner in a nonresidential zone district is seeking approval for a use that is identified in Table 6.1-1 as a business use, but:

(1)

Does not intend to make the entirety of the property available for occupancy for some interim period; or

(2)

Intends to make the property available for occupancy by a low-intensity use for some interim period;

The property owner may apply to the LDR Administrator for approval of a parking reserve plan. A parking reserve plan indicates the number and layout of parking spaces necessary to serve the proposed use of the property during the interim period, and also designates areas of the site that will be reserved from development and kept available for future development and parking. In all cases, a reserved parking plan shall provide that the applicant will construct at least 80 percent of the total required parking spaces at the time of initial occupancy, and that the amount of deferred parking shall be no more than 20 percent of the total required parking. The LDR Administrator may approve such an application, or approve it with modifications, if it is determined that:

(a)

The parking reserve plan will provide adequate off-street parking for the uses proposed during the interim period;

(b)

The parking reserve areas will provide adequate off-street parking for the property at the highest levels of occupancy and intensity available under the development proposal; and

(c)

The location and layout of the parking reserve will provide for efficient access and circulation.

In any case where the parking reserve area would not comply with the site perimeter landscaping standards that would apply to a parking lot during the interim period, the LDR Administrator may require a commitment to provide required screening at the time that the parking reserve is used for parking in the future. If at any time, it is determined that the parking provided does not meet the needs of existing development, the LDR Administrator may require development of all or part of the parking reserve area.

(E)

Agreements. Any use of any of the parking or loading alternatives identified in this Subsection 6.1.11, Alternative compliance, shall be subject to the filing of a deed restriction satisfactory to the City Attorney ensuring that such off-street parking or loading will be maintained in the future so long as a use or uses requiring such off-street parking or loading continue. If all or a portion of the parking required to serve a use is located on a property under different ownership, the City may require the execution of an agreement among the property owners involved as a precondition to approval of the requested parking alternative, and may record such agreement in the title records of the properties involved.

(Ord. No. 12-06, § 3, 1-23-2012; Ord. No. 14-08, § 3(Exh. A), 9-8-2014; Ord. No. 16-04, § 3(Exh. A), 4-11-2016; Ord. No. 18-08, § 3(Exh. A), 4-9-2018; Ord. No. 20-08, § 3(Exh. A), 7-27-2020; Ord. No. 22-01, § 3(Exh. A), 10-11-2021; Ord. No. 23-02, § 3(Exh. A), 6-26-2023; Ord. No. 25-05 meeting, § 9, 9-8-2025)

State Law reference— Provisions to ensure safe and convenient on-site traffic flow, considering needed vehicle parking, F.S. § 163.3202(2)(h).

6.2.1

Tree protection standards.

(A)

Purpose. The purpose of these tree protection standards is to limit the destruction of and ensure the survival, including maintenance, of as many trees and accessory plants as possible, and to allow the removal and replacement of unhealthy trees, plants, and landscaping throughout the City. The maintenance of existing trees and replanting of new trees in necessary to promote the value of property and the quality of life of its citizens; to ensure the stabilization of soil by prevention of erosion; to reduce stormwater runoff and the costs associated with it; to replenish groundwater supply; to cleanse the air of harmful pollutants; and to provide greenbelts and buffers to screen against noise pollution, artificial light, and glare. It is the intent of this section to prohibit the unnecessary clearing of land so as to achieve no net loss of trees and to preserve, as much as possible, the existing tree canopy.

(B)

Findings. The City Commission finds that:

(1)

The protection and preservation of trees on public and private property within the City is not only desirable for aesthetic value, but essential to present and future health, safety, and welfare of its citizens;

(2)

Trees absorb carbon dioxide and return oxygen, a vital ingredient to life, to the environment;

(3)

Trees are a valuable property asset that can affect an area economically; and

(4)

A tree protection ordinance is necessary in order to promote community welfare through regulating the removal and destruction of trees prior to and during construction and occupancy.

(C)

Scope. The terms and provisions of this section shall apply to all real property lying within the incorporated limits of the City, including publicly owned lands, rights-of-way and easements, subject to certain exemptions specifically provided for in this section.

(D)

Tree planting, relocation, replacement, credit, banking.

(1)

New trees. New trees shall be installed to replace healthy regulated trees removed pursuant to this section. Regulated trees shall be replaced on a one-for-one basis. Healthy heritage and champion trees removed as provided herein shall be replaced on an inch-for-inch basis. Replacement trees shall be graded Florida No. 1 or better, as outlined in the most recent publication of the State of Florida, Department of Agriculture and Consumer Services, Division of Plant Industry, Grades and Standards for Nursery Plants, Part II, Palms and Trees. The term "healthy," as stated herein, means "good" or better per the standard definition from the International Society of Arboriculture (ISA) stating the tree has no major structural problems, no significant damage due to disease or pests, no significant mechanical damage, a full balance crown, and normal twig condition and vigor for its species. Palm trees may be utilized as replacement trees but at an increased ratio of 3:1 replacement and shall be a minimum of eight feet tall at the time of planting.

(2)

During development. During development or site alteration activities, the following standards shall be met:

(a)

Protective barricades shall be placed to define a protective area around existing trees to remain. Barriers shall be placed around all regulated trees at a minimum of two-thirds of the area of the dripline of the tree or stand of trees or at six feet from the trunk of the tree, whichever is greater. Protective barricades shall be placed at the dripline of all heritage trees, champion trees, and regulated palm trees. Protective barricades shall be placed around all trees to be retained on the site and shall remain in place until site clearing and construction activities are complete, except where land alteration and construction activities are approved within the protected area. If land alteration and construction activities are approved within the protected area, then the protective barricades shall only be removed when activities are occurring. Protective barricades shall be replaced upon completion of the activities within the protected area. Protective barricades shall be at least four feet high and constructed of either wooden corner posts at least four inches in width by four inches in depth by four feet in height buried one foot deep with at least two courses of wooden side slats at least two inches in width by four feet with colored flagging or colored mesh construction fencing attached or constructed of one inch angle iron corner posts with brightly colored mesh construction fencing attached.

(b)

A minimum distance of ten feet shall be maintained from all retained regulated, heritage, and champion trees when installing underground utilities. If this results in unreasonable hardship, a soil auger shall be used to tunnel under the root systems.

(c)

No attachments shall be secured to trees designated to remain on site.

(d)

A three-inch layer of mulch shall be applied over the surface of any exposed roots of retained regulated, heritage, and champion trees and kept wet during the site clearing and construction phases.

(e)

Raising or lowering of grade within the dripline of existing trees to remain shall not be permitted unless otherwise approved by the Land Development Regulations Administrator or appointee.

(f)

During the site clearing or construction phases, the following activities shall be prohibited within the protective area unless approved with the appropriate protective strategies by the City during site plan or construction plan approval:

(1)

The clearing of vegetation except by hand;

(2)

The compaction, filling, or removal of soil deposits;

(3)

The placement of debris;

(4)

The placement or dumping of solvents or other chemicals;

(5)

The placement or storage of construction materials, machinery or other equipment of any kind; and

(6)

The use of concrete, asphalt, or other paving materials.

(g)

Any retained or relocated tree shall be replaced in accordance with the requirements of Subsection 6.2.1 (D) (1), if the tree dies within one year after site clearing and construction.

(h)

Any root pruning and/or pruning of retained regulated, heritage, and champion trees during the site clearing or construction phases shall be done in accordance with arboricultural standards and directly overseen by an ISA-certified Arborist.

(3)

Incentives for preservation. The City may approve a transfer of development rights on lands preserved for tree preservation beyond the requirements in this section during the site plan or preliminary plat process.

(a)

Developers preserving portions of tree protection areas within a development site will be authorized during the site plan or subdivision plat process for an on-site transfer of development rights at a density or intensity bonus rate of 3:1. For example, if a developer retains a contiguous five acre tract of quality tree protection area within their development site, and that property has a zoning density of three units per acre, then the developer would be authorized to transfer 45 dwelling units to the developable portion of their site. (Five acres times three dwelling units per acre times three equals 45 dwelling units.)

(b)

Any acreage used to calculate a credit for preservation shall be recorded as a permanent preservation area on the subdivision plat and in any covenants and deed restrictions and shall not be eligible for any future development rights.

(4)

Tree replacement.

(a)

When the applicant is required to replace a regulated or heritage, tree as a condition of approval for a tree removal, site plan or subdivision plat, the applicant shall select site appropriate trees. If it is feasible, the regulated, heritage, or champion tree may be relocated on the same parcel of land. When selecting replacement trees from the recommended tree list, the applicant shall choose from a similar species or category as the tree that is being removed. For example, a canopy tree should be replaced with a tree from the canopy or large tree list. Trees proposed to be planted as replacement trees may be installed within the proposed development area, provided, however, there must be prior approval of the City before any trees may be placed within the proposed right-of-way areas within the development or existing right-of-way adjacent to the development consistent with Subsection 6.2.1(D)(4)(h) and Subsection 6.2.1(D)(4)(i). When trees are to be installed in the proposed right-of-way areas, the developer and successor homeowners' association shall be responsible for maintenance of the trees.

(b)

If the applicant is required to replace a regulated or heritage tree as a condition of approval for a tree removal, site plan or subdivision plat, up to 25 percent of the trees required to meet the site landscaping, parking lot landscaping, or perimeter buffer standards may be counted towards the requirements of Subsection 6.2.1(D)(1).

(c)

At least 50 percent of the total required replacement trees shall be shade trees and at least 75 percent of the total required trees shall be site-specific trees appropriate for the site.

(d)

Trees must meet the minimum requirements found in Subsection 6.2.2(D)(9)(b)(ii).

(e)

Trees from the recommended tree list used to meet the requirements of this section shall be graded Florida No. 1 or better, as outlined by the most recent publication of the State of Florida, Department of Agriculture and Consumer Services, Division of Plant Industry, Florida Grades and Standards for Nursery Plants.

(f)

Trees shall be planted in accordance with xeriscaping principles and accepted arboricultural standards and practices.

(g)

The pervious area or tree lawn provided around trees shall be sufficient to permit root growth and provide for longevity of the tree species planted. The height of the tree at maturity and root size shall be considered in the selection of the trees.

(h)

Trees shall be planted in accordance with the City of Alachua Department of Public Services Requirements for Design and Construction, as amended.

(i)

No tree shall be planted within ten feet of a fire hydrant or utility pole, within 15 feet of a driveway apron, within 20 feet of a traffic sign, or within 25 feet of an intersection in order to ensure adequate visibility.

(j)

The owner of the parcel (or if plantings are installed in the right-of-way or city property, the developer who installed the plantings and successor homeowners' association) shall be responsible for the maintenance of all preserved, relocated, or replacement trees. All trees will be inspected by an arborist, forester, or registered landscape architect, hired by the owner, within six months after planting to ensure the trees are surviving in a healthy condition. A certified report shall be provided to the land development regulations administrator describing the condition of trees. Trees found to be in declining condition shall be replaced by the owner of the parcel within 30 days of submittal of the report. If replacement is necessary, there shall be a reinspection report submitted within six months after the replacement replanting.

(k)

Champion trees may not be removed except by resolution of the City Commission finding that the following conditions have been met:

(i)

A report from a certified arborist documenting that:

a.

The tree is dead; or

b.

The tree is seriously diseased and treatment is not practical; or

c.

The tree is significantly damaged and remedial pruning would not be effective in rehabilitating the tree.

(5)

Tree removal.

(a)

When protected trees are allowed to be removed during land alteration/site clearing, the trees shall be identified by red flagging.

(b)

The rights-of-way of proposed roads, the corners of proposed buildings, the location of proposed drainage basins, manmade lakes, areas that require fill and other improvements shall be rough staked and protective barricades shall be installed around trees designated for protection prior to on-site inspection. If, on inspection, these areas have not been identified, a re-inspection will not be done until violations have been corrected.

(c)

A copy of the tree removal permit shall be posted on the site during these activities.

(6)

Tree credits.

(a)

Where a minimum number of trees are required to meet the landscaping requirements of these land development regulations or an approved planned development, credit shall be given for the retention of "good" or better existing native trees, as defined in Subsection 6.2.2(D)(4). No credit will be given for the preservation of trees on the nuisance tree list. A table displaying a list of all trees claimed for credits under this subsection shall be included in the landscape plan; this table shall include common name, botanical name, caliper at DBH, health, number of tree credits being used, and reference number to location on tree survey provided as a part of the landscape plan.

(b)

In addition to the tree credit in Subsection 6.2.1(D)6(a) of this section, a double credit for will be given for each preserved healthy heritage tree accommodated by a change in design within portions of the site proposed for development (i.e., areas designated for off-street parking and loading, landscaping, building area, or stormwater management). Applicants requesting this tree credit shall demonstrate through the proposed site plan and application that special consideration in site design was utilized to preserve the healthy heritage tree. Should the preserved heritage tree die within the one year maintenance period, the tree will be mitigated in adherence with the requirements for healthy heritage tree replacement in this section.

(c)

When trees are removed with an approved tree removal permit for the construction of new residential dwellings or a substantially remodeled residential dwellings qualifying as housing sold to low- and moderate-income families, such trees will be replaced at a rate of 50 percent (one-half tree per tree removed). Projects certifying that 50 percent or more of the residential dwelling units qualify as housing sold to low- and moderate-income families will receive a tree credit for replacement of removed regulated trees at a replacement rate of 25 percent (one-quarter tree per tree removed). For the purposes of this subsection, the term "housing sold to low- and moderate-income families" means families earning less than 80 percent of the Alachua County median income.

(7)

Tree banking.

(a)

The City may allow off-site mitigation for required tree replacement that cannot be accommodated through on-site mitigation, by one or more of the following:

(i)

The developer may pay the City a fee in lieu of installation calculated in accordance with Section 6.2.1 (D)(7)(c), which shall be paid at the time of the approval of the site plan or final plat for the project. The approved construction plans shall depict the location of all trees proposed to be removed.

(ii)

The developer may install trees off-site within adjacent residential developments under common control at the time of construction, provided, however, prior to the approval of the final plat for the project, the developer shall enter into a right of entry agreement, in a form acceptable to the City, to allow the City access to the property where the replacement trees will be located for inspection in accordance with Section 6.2.1(D)(4)(j). The right of entry agreement shall be recorded in the Public Records of Alachua County at the expense of the developer at time of the approval of the final plat.

(iii)

The developer may, with prior City approval, install trees in City-owned properties and parks, City rights-of-way, and preservation or conservation areas owned by the City.

Where (ii) or (iii) above for off-site mitigation are utilized, the developer shall provide a surety device in a form acceptable to the City, in the amount of the mitigation payment calculated in accordance with Section 6.2.1 (D)(7) (c). Such surety device shall be used by the City as a tree mitigation payment if the developer fails to perform the required off-site tree mitigation planting(s), as required in this section and any agreement entered into between the City and the Developer.

(b)

The City shall maintain a separate fund within the City's chart of accounts to be used exclusively for off-site tree mitigation payments. Funds withdrawn from this account shall be in accordance with the purposes set forth in Section 6.2.1(A).

(c)

The off-site mitigation formula shall be equal to the cost of the replacement tree, plus installation (labor and equipment), plus maintenance for one year, plus fund administration. This formula will be multiplied by the number of replacement trees required to fulfill mitigation requirements. The fee for off-site tree mitigation shall be adopted by the City Commission through resolution.

(d)

Fees for off-site mitigation shall be determined and approved in accordance with the above Subsection (7)(c) by the City prior to any public hearing related to the proposed site plan or plat. Fees for off-site mitigation shall be paid to the City prior to: the approval of a final plat, the issuance of any tree removal permit or building permit. Receipts for payment will be specifically marked for the off-site mitigation account.

(e)

The City may plant trees within the medians and rights-of-way of state and county roads where an interlocal agreement authorizes such plantings.

(E)

Maintenance.

(1)

Trees overhanging street right-of-way. Every owner of any tree overhanging any street right-of-way within the City shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet above the surface of the sidewalk. The City shall have the right, but not the obligation, to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with the visibility of any traffic control device or signs at intersections of streets.

(2)

Dead or diseased trees on private property. The City shall have the right, but not the obligation, to cause the removal of any dead or diseased trees on private property within the City, when such trees constitute a hazard to life and property, or harbor insects or disease which constitutes a potential threat to other trees within the City. The owner of the land upon which such dead or diseased trees are standing or located shall be notified in writing by the Land Development Regulations Administrator to remove such trees and the removal shall be done by said owner at the owner's expense within 30 days after the date of mailing of such notice. In the event of failure of the owner to comply with such provisions, the City shall have the authority to remove such trees and charge the cost of removal to the owners of the property through the action of the Special Magistrate.

(3)

Compliance by public agencies and utilities. All public agencies and utilities shall comply with the permitting requirements of this section prior to commencing any pruning or removal of any regulated, heritage and champion trees. All public utilities, governmental agencies, and their subcontractors shall comply with the International Society of Arboriculture standards for pruning shade trees when pruning any trees on public property. Emergency removal requiring immediate action to protect the health and safety of the public are not subject to this section.

(4)

Property owner's responsibility. It shall be the property owner's responsibility to adequately maintain the trees shown on an approved site plan or preliminary plan, to ensure healthy survival. Neglecting or abusing trees is a violation of this section.

(5)

Rights of the City. The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the rights-of-way of all public streets, alleys, avenues, lanes and squares, parks, and any other public grounds, as may be necessary to ensure public safety or to preserve or enhance symmetry and beauty of such public grounds. The City may remove or cause to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewer, water and gas lines, or other public improvements, or is affected with any injurious fungus, insect or pest.

(F)

Tree removal application and permit.

(1)

Exemptions.

(a)

Regulated trees, except for heritage or champion trees, on all lots and parcels of land with a single-family residential dwelling unit, not to include mixed-use portions of developments, are exempt from the requirements of this section. No person shall cut or remove any heritage or champion tree from any such lot or parcel of land without first obtaining a tree removal permit from the City.

(b)

During any period of emergency, such as hurricanes, windstorms, floods, freezes, or other natural disasters, the requirements of this section may be waived for a definite period of time by the City Manager with respect to cutting and removing damaged trees in all areas affected by such disaster.

(c)

Any tree determined to be in a hazardous condition by the Land Development Regulations Administrator, so as to endanger the health, safety, and welfare of persons and property, and require immediate removal shall be exempt from the requirement of this section. Such tree may be cut and removed upon verbal authorization by the City Manager, or in his or her absence, the Land Development Regulations Administrator. The International Association of Arboriculture publication, A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas, shall be used as a guide and reference for determining the condition of a tree.

(d)

Agricultural lands. Lands that qualify for agricultural tax exemption by the Alachua County Property Appraiser and have an agriculture future land use designation on the City of Alachua Comprehensive Plan Future Land Use Map are exempt from the requirements of this section, except for the following:

(i)

A tree removal permit shall be required for the removal of champion and heritage trees located within 50 feet of the property boundary line or within 400 feet of a public park; and

(ii)

A notice of activity must be submitted to the Land Development Regulations Administrator no less than seven days prior to any cutting and removal of trees or the clearing of the land.

(e)

Forestry. All bona fide commercial forestry operations are exempt from the requirements of this section where trees are grown for silviculture purposes or for intended sale in the course of business. However, owners of commercial forestry operations shall submit a notice of activity to the Land Development Regulations Administrator prior to the commencement of any timber harvesting, mechanical site preparation, or land clearing.

(f)

The removal, trimming, pruning, or alteration of nonregulated trees or vegetation growing within the area of any public or private utility easement or drainage easement or right-of-way is exempt from the provisions of this section, provided such work is done by or under the control of the operating utility company, governmental agency, or entity responsible for the maintenance of said facility.

(g)

Removal of nuisance trees or trees identified in the Florida Exotic Pest Plant Council's List of Invasive Plant Species, as amended, is exempt from the terms and provisions of this section.

(G)

Site plan and subdivision plat requirements.

(1)

Site plans and construction plan shall include consideration of tree preservation and approval shall constitute the issuance of a tree removal permit consistent with the approved plan.

(a)

Applicants for site plans and construction plans shall provide aerial or ground photographs of any regulated, heritage, or champion trees to be preserved. The applicant shall mark and reasonably locate upon the site plan or construction plan drawing, all champion, heritage, and other regulated trees to be retained, relocated or removed. The applicant shall mark and reasonably locate upon the site plan or construction plan all nuisance trees or trees identified in the Florida Exotic Pest Plant Council's List of Invasive Plant Species, as amended. The tree location drawing shall conform to the following:

(i)

Trees are to be identified by both common and scientific names.

(ii)

Trees shown on the tree location drawing will be identified as to which trees will be saved, relocated or removed.

(iii)

The tree location drawing is to be at the same scale as the site plan or construction plan.

(iv)

The tree location drawing may be presented as a separate sheet within the site plan or construction plan; however, the trees must be included on one sheet of the site plan or construction plan that shows the location of the proposed buildings, driveways, off-street parking and loading facilities, stormwater management facilities, existing contours and finished elevations, overhead electric lines, underground utilities and any other proposed improvements that could potentially have a negative impact on existing trees.

(b)

In the event that no champion, heritage or regulated trees are found, it shall be so noted on the site plan or construction plan and a tree location drawing shall not be required.

(c)

A note shall be included that all vegetative materials identified in the Florida Exotic Pest Plant Council's List of Invasive Plant Species, as amended, shall be removed at time of development.

(H)

Administration, enforcement and appeal. In addition to the general provisions of Article 9, the following provisions shall apply to this section:

(1)

Except as specifically exempted in this section, it shall be unlawful for any person to cut or remove any regulated, heritage or champion tree from any lands within the City without first obtaining a tree removal permit from the LDR Administrator.

(2)

No lands in the City, upon which are located regulated, heritage or champion trees, may be cleared, graded or developed, and no building permit shall be granted for such land without the owner or developer first applying for and receiving from the LDR Administrator a tree removal permit, except as exempted within this section.

(3)

Removal of any regulated tree or any site work that is not done according to an approved tree removal permit is a violation of this section. When such violations occur prior to the final inspection of the project, the LDR Administrator will immediately issue a stop work order. Upon the issuance of such stop work order, all site work shall cease until a restoration plan is submitted by the applicant and approved by the LDR Administrator. The site stop work order shall remain in effect until the approved restoration plan has been implemented and completed. The owner, developer, subcontractor, or agent shall have 30 days to present a restoration plant to the LDR Administrator. If no restoration plan is presented within 30 days, the owner, developer, subcontractor, and agent shall be subject to all of the penalties, including fines, provided for violation of this section. No certificate of occupancy shall be issued until all trees and other vegetation shown on the approved restoration plan have been planted and grades restored.

(4)

A list of fines for damaging trees by conduct in violation of this section will be adopted by the City Commission in a manner consistent with the adoption of other fees. Fines for such violations may be issued by Special Magistrate.

(5)

Appeals to the issuance of a tree removal permit shall be as authorized by these LDRs.

(6)

Violations of this section shall be heard by the Special Magistrate.

(7)

For the purposes of this section, the following are provided as a list of references, in addition to those publications previously referenced:

(a)

The Florida Division of Forestry's Tree Protection Manual for Builders and Developers shall serve as the primary reference, whenever there is a question regarding tree protection standards, unless another publication is specifically referenced.

(b)

The most current International Society of Arboriculture (ISA) standards shall be referenced for all public utilities, government agencies, and their subcontractors when pruning trees on public or private property and National Arborist Association Standards for Pruning Shade Trees when pruning regulated, heritage or champion trees.

(c)

The Florida Division of Forestry's Silviculture Best Management Practices Manual shall be the reference used for the conducting of all commercial forestry operations.

(8)

The Land Development Regulations Administrator may establish technical standards setting forth administrative guidelines governing the enforcement of this section, requirements not specifically addressed in this section, and any other information needed for the uniform and orderly administration of this section. Such standards may be published in a technical manual which shall be on file in the office of the City Clerk.

6.2.2

Landscaping standards.

(A)

Purpose. The purpose of these landscaping standards is to provide an aesthetically pleasing environment for the residents of the City. The standards are intended to maintain and enhance property values, enhance the appearance of development, provide adequate buffers between incompatible uses, improve the character and appearance of the City, and reduce erosion and stormwater runoff.

(B)

Applicability. These standards shall apply to the following development in the City:

(1)

Single-family lots or dwellings. The subdivision or development of eight or more single-family residential lots or dwellings.

(2)

Single-family attached dwellings. The subdivision or development of eight or more single-family attached dwellings.

(3)

Two- to four-family dwellings. The subdivision or development of eight or more two- to four-family dwellings.

(4)

Manufactured home park. Subdivision for a manufactured home park.

(5)

Existing multifamily structure. Development of a multifamily structure or redevelopment of an existing multifamily structure that results in an increase in building square footage of 60 percent or more.

(6)

Cottage neighborhoods. Cottage neighborhoods located in the CP zoning district.

(7)

Nonresidential. Development of a nonresidential structure or redevelopment of a nonresidential structure that results in an increase in building square footage or impervious surface by 50 percent or more.

(8)

Parking lot. Development of a parking lot for eight or more spaces.

(9)

Existing parking lot. Redevelopment or expansion of an existing parking lot that results in an increase of 20 or more spaces. Redevelopment or expansion includes items such as repaving, changes in ingress or egress, and reconstruction of stormwater drainage systems.

(10)

Mixed-use developments. Development of a mixed-use development or redevelopment of an existing mixed-use development that results in an increase in building square footage or impervious surface by 50 percent or more.

(C)

Landscape plan required. A landscape plan shall be submitted with an application for a site plan (Section 2.4.9), subdivision (Section 2.4.10), planned development (Section 2.4.3) or building permit, whichever occurs first, for any development or change in use that is required to provide landscaping in accordance with this section. The landscape plan shall contain the following information which spells out how the development proposed will comply with this section:

(1)

Identification of existing trees. A survey showing the location, common name, and size existing regulated trees.

(2)

Identification of existing trees to be preserved. The location, common name, and estimated size of existing trees that are to be preserved as part of a tree protection zone or preserved for credit.

(3)

Parking areas, buffers areas, and other planting areas. The locations and dimensions of parking areas, perimeter buffer areas and other planting areas.

(4)

Identification of new plant materials. The size, botanical name, common name and spacing of new plant materials.

(5)

Fences, walls or earthen berms. The location and design of any fence, wall or earthen berm, indicating size and materials.

(6)

Barriers required to protect existing vegetation. The location and description of any barriers required to be erected to protect any existing vegetation from damage, both during and after construction.

(7)

Maintenance. Provisions for watering and other long-term maintenance to ensure serviceability, soil stabilization and plant protection.

(8)

Florida Friendly Landscaping. A narrative explaining how Florida Friendly Landscaping practices have been incorporated into landscape plan.

(D)

Landscape standards.

(1)

Site landscaping. For purposes of this section the number of trees required is rounded to nearest whole tree or shrub (e.g., if number of canopy trees needed to meet site landscaping requirements is calculated at 9.5 trees then ten trees would be required). The following site landscaping shall be required for the following:

(a)

Multifamily, townhouses, and mixed-use developments.

(i)

Two canopy trees per acre, planted on the primary or street-facing side, and one canopy tree per acre planted on each of the exterior sides and exterior rear of each primary structure. An existing canopy tree that is a native species and in good or better health can be utilized to fulfill this requirement. It is encouraged that the tree be located so that it may provide shade on the structure during the summer afternoon.

(ii)

Six ornamental/understory trees per acre. For sites in the CBD district, the ornamental/understory trees may be planted in any yard. For sites outside the CBD district, 50 percent of the required ornamental/understory trees must be planted in front and 25 percent on each side.

(iii)

A row of shrubs along the front facade of the structure, with consideration given to access to utility meters or mechanical equipment. Shrubs shall not be planted directly against the structure, but a minimum of two feet from the facade to facilitate adequate air circulation. In lieu of a horizontal line of shrubs along the front facade, shrub masses of three or more species may be utilized.

(iv)

For sites with multiple buildings, for each 100 feet of facade of the longest building face of any buildings at least one of the following options, located between all structures:

a.

Two canopy trees;

b.

Four understory trees;

c.

A row of shrubs along facades facing each other;

d.

Community garden area of at least 1,500 square feet;

e.

Fountain or other water feature;

f.

Shaded table or bench;

g.

Other significant landscape improvement as approved by LDR Administrator.

(v)

A combination of solid sod, seeding, and sprigs shall be used to cover 100 percent of the lot site disturbed by construction activities. Areas of native vegetation are not required to be sodded. An area within 20 feet of the front building façade shall be sodded with other disturbed areas to be sodded, seeded or sprigged.

(vi)

The site landscaping requirements found in [Subsection] 6.2.2(D)(1)(a)(i) and (ii) are reduced by 50% for those developments on sites which are 43,560 square feet or less.

(b)

Public and institutional uses.

(i)

Four canopy trees per acre, planted on the primary or street-facing side, three canopy trees per acre planted on each of the sides and rear of each structure, and an additional four canopy trees for each 100 lineal feet of façade, planted in front of the façade. An existing canopy tree that is a native species and in very good to excellent health can be utilized to fulfill this requirement if it is located within 25 feet of the building. It is encouraged that the tree be located, so that it may provide shade on the structure during the summer afternoon.

(ii)

Eight ornamental/understory trees per acre, with 50 percent planted in front of the structure and 25 percent planted on each side.

(iii)

For sites with multiple buildings, for each 100 feet of façade of the longest building face of any adjacent buildings at least one of the following options, located between structures:

a.

Two canopy trees;

b.

Four understory trees;

c.

Community garden area of at least 1,500 square feet;

d.

Fountain or other water feature;

e.

Shaded table or bench;

f.

Other significant landscape improvement as approved by LDR Administrator.

(iv)

A row of shrubs planted along all façades of the structure, with consideration given to access to utility meters or mechanical equipment. In lieu of a horizontal line of shrubs along the front façade, shrub masses of three or more species may be utilized. Shrubs shall not be planted directly against the structure, but a minimum of two feet from the façade to facilitate adequate air circulation.

(v)

A combination of solid sod, seeding, and sprigs to cover 100 percent of the lot site disturbed by construction activities. Areas of native vegetation do not have to be sodded. An area within 20 feet of the front building façade shall be sodded with other disturbed areas to be sodded, seeded or sprigged.

(vi)

For those uses that do not have a principal structure, site landscaping shall be distributed throughout site, as is practical.

(c)

Business uses other than those use types found in the Industrial Services, Manufacturing and Production, and Warehouse and Freight Movement Use Categories.

(i)

Three canopy trees per acre, planted on the primary or street-facing side, two canopy trees per acre planted on each of the sides and rear of each structure, and an additional four canopy trees for each 100 lineal feet of façade, planted in front of the façade. An existing canopy tree located on site that is a native species and in very good to excellent health can be utilized to fulfill this requirement if it is located within 25 feet of the building. It is encouraged that the tree be located so that it may provide shade on the structure during the summer afternoon.

(ii)

Six ornamental/understory trees per acre, with 50 percent planted in front of the structure and 25 percent planted on each side.

(iii)

A row of shrubs planted along all façades of the structure, with consideration given to access to utility meters or mechanical equipment. In lieu of a horizontal line of shrubs along the front façade, shrub masses of three or more species may be utilized. Shrubs shall not be planted directly against the structure, but a minimum of two feet from the façade to facilitate adequate air circulation.

(iv)

A combination of solid sod, seeding and sprigs to cover 100 percent of the lot site disturbed by construction activities. Areas of native vegetation do not have to be sodded. An area within 20 feet of the front building façade shall be sodded with other disturbed areas to be sodded, seeded or sprigged.

(v)

The site landscaping requirements found in Subsection 6.2.2(D)(1)(c)(i) and (ii) are reduced by 33% for those developments on sites which are one acre or less.

(d)

Business uses found in the Industrial Services, Manufacturing and Production, and Warehouse and Freight Movement Use Categories.

(i)

One canopy tree per acre, planted on the primary or street-facing side, two canopy trees per acre planted on each of the sides and rear of each structure, and an additional canopy tree for each 150 lineal feet of façade, planted in front of the façade of the primary structure. An existing canopy tree located on site that is a native species and in very good to excellent health can be utilized to fulfill this requirement if it is located within 25 feet of the building. It is encouraged that the tree be located so that it may provide shade on the structure during the summer afternoon.

(ii)

Six ornamental/understory trees per acre, with 50 percent planted in front of the structure and 25 percent planted on each side.

(iii)

A row of shrubs planted along front and side façades of the primary structure, with consideration given to access to utility meters or mechanical equipment. In lieu of a horizontal line of shrubs along the front and side façade, shrub masses of three or more species may be utilized. Shrubs shall not be planted directly against the structure, but a minimum of two feet from the façade to facilitate adequate air circulation.

(iv)

A combination of solid sod, seeding and sprigs to cover 100 percent of the lot site disturbed by construction activities. Areas of native vegetation do not have to be sodded. An area within 20 feet of the front building façade shall be sodded with other disturbed areas to be sodded, seeded or sprigged.

(v)

The site landscaping requirements found in Subsection 6.2.2(D)(1)(d)(i) and (ii) are reduced by 25 percent for those developments on sites which are three acres or less.

(e)

Alternative placement. In cases where the configuration or topographical constraints of an existing site make the placement of required site landscaping impractical, the LDR Administrator may approve up to 50 percent of the required landscaping to be planted on City-owned properties and parks, City rights-of-way, and preservation or conservation areas owned by the City in accordance with Subsection 6.2.2(D)(9) of this section, Alternative landscape plan.

(2)

Parking lot landscaping.

(a)

Interior landscaping. All parking lots shall provide and maintain the following landscaped planting areas within the interior of the parking lot. These standards shall not apply to parking structures or vehicle display areas.

(i)

Each planting area shall contain an area adequate to accommodate the root growth of the plant material used. The size of the planting area and size of plant material at maturity shall allow for a two and one-half foot bumper overhang from the face of the curb.

(ii)

Interior planting areas shall be located within or adjacent to parking areas, consisting of one or more of the following:

a.

Landscaped islands located at the end of parking bays; or

b.

Landscaped islands located between parallel rows of cars, used to visually separate parking areas; or

c.

Landscaped driveway medians with a minimum width of six feet if curbed or a minimum width of ten feet if not curbed; or

d.

Landscaped areas adjacent to parking lots, interior to the development area.

(iii)

Each interior planting area shall contain locally adapted trees and shrubs at the following rate:.

a.

Trees shall be required at the minimum rate of one canopy or ornamental/understory tree for every 1,800 square feet, or portion thereof, of the total parking lot area.

b.

Shrubs shall be required at the minimum rate of ten shrubs per landscaped island.

c.

Tree islands must be located no more than 11 parking spaces from another tree island or landscaped island at end of parking bay.

d.

No parking space shall be separated from the trunk of an interior parking lot ornamental or canopy tree by more than 80 feet;

e.

In cases where the configuration or topographical constraints of an existing site make the placement of required site landscaping impractical, the LDR Administrator may approve up to 50 percent of the required landscaping to be planted on an adjacent public property in accordance with Subsection 6.2.2(D)(9) of this section, Alternative landscape plan.

f.

The interior planting requirements found in [Subsection] 6.2.2(D)(2)(iii)a and b are reduced by 50 percent when all parking bays within the parking lot area are located in the rear or side of the property.

g.

Parking lot area shall be calculated as the paved or unpaved area dedicated to the short- or long-term parking or unloading of vehicles, including associated drive-aisles adjacent to parking bays or loading areas.

(iv)

All planting areas shall be stabilized with ground covers, mulching, or other approved materials to prevent soil erosion and allow rainwater infiltration, and shall be irrigated or utilize a xeriscape irrigation alternative.

(v)

All planting areas shall be protected from vehicle damage by the installation of curbing, wheel stops or other comparable methods.

(vi)

Earthen berms may also be incorporated into the design of any required planting area. Any berm installed shall have a side slope of no greater than 2.5:1.

(b)

Parking lot buffer. All parking lots shall have landscape buffers around their exterior perimeter that shall be composed of trees, shrubs, ground cover and turfgrass as follows:

(i)

The buffer shall form a continuous visual screen, excluding required site clearances at driveways. It shall be placed and located to ensure visibility and safety of pedestrians on the public street and persons in the parking lot.

(ii)

The buffer for the parking lot shall be located on the exterior of the parking lot, immediately adjacent to the curbed and paved areas.

(iii)

The buffer for the parking lot shall be a minimum of five feet, and an average of seven feet in width along the entire length of the perimeter of the parking lot. The width of the buffer may vary to allow for design creativity, as long as a minimum width of five feet is maintained.

(iv)

The parking lot buffer shall have a minimum of:

a.

Four canopy trees for every 100 lineal feet of buffer.

b.

Two understory/ornamental trees per 100 lineal feet of buffer.

c.

A continuous opaque screen of shrub material parallel to the parking lot area. The shrubs may be arranged in a linear or curvilinear pattern, as long as the screen does not have any visual breaks. The parking lot screen shall reach 36 inches in height within three years.

d.

Other landscaping materials provided to meet any other requirement of this section may be considered a part of and count toward the requirement parking lot buffer, if such materials are located within 30 feet of the parking lot area.

(v)

Any area of the parking lot buffer that is not covered in trees or shrubs shall be planted in ground cover, turfgrass or mulch. It is recommended that the area adjacent to the wheel stop is planted in turfgrass for maintenance purposes.

(vi)

Except for large retail establishments, up to 50 percent of the parking lot buffer on any single lot side may be replaced with a short fence or wall that is a minimum height of three feet. The wall may be wood, decorative stucco or brick that matches the theme or materials of the development it is associated with. The minimum tree canopy requirements still apply.

(3)

Perimeter buffers.

(a)

Applicability.

(i)

Development subject to the standards of this section shall provide a perimeter buffer to separate that use from adjacent land uses in accordance with Table 6.2-1, Perimeter Buffer Classifications. The perimeter buffer shall have the width, amount of vegetation, and other features to properly mitigate negative effects of continuous uses.

(ii)

Development located within the CSV, AG, CBD and PD districts shall not be required to provide a perimeter buffer in accordance with the requirements of this section.

(b)

Types of buffers. Table 6.2-1, Perimeter Buffer Classifications, in this subsection describes the four different types of buffers and their optional configurations. Any one of the three optional configurations may be utilized to meet the standards of this subsection. In cases where an option utilizing a fence is selected, the fence shall comply with the standards of Section 6.3, Fencing standards. If an existing tree proposed to remain is being used as credit towards perimeter buffer, it must be located within the area designated for that perimeter buffer. Trees required for buffering shall be distributed evenly along each perimeter, except that up to 33% of the required number of trees may be clustered.

(c)

Buffer class application. Table 6.2-2, Buffer Class Application, below specifies the type of landscaped perimeter buffer that must be installed adjacent to an existing use or vacant land. The proposed uses are designated with their associated use class and cross-referenced with the numbered columns along the horizontal row under the adjacent use heading. The buffer type is indicated by letter and the total buffer width in feet is indicated by number. For mixed-use developments, utilize whichever use type present in the mixed-use development results in the greater buffer requirement.

(d)

Responsibility for perimeter buffer installation.

(i)

Where a developing parcel is adjacent to a vacant parcel, the developing parcel may provide one-half of the perimeter buffer required adjacent to the vacant land in accordance with Table 6.2-2, Buffer Class Application. Determination of the required buffer width and type shall be based upon the highest use classification available for the vacant property based upon its current zoning.

(ii)

Where a developing parcel is adjacent to an existing use, then the developing parcel shall provide the full buffer required adjacent to the existing use as indicated in Table 6.2-2, Buffer Class Application, unless a perimeter buffer meeting the standards of this section already exists on either lot. Where a perimeter buffer exists, but does not meet the standards of this section, the developing use shall be responsible for providing all the additional planting material necessary to meet the standards of this section.

(e)

Location of perimeter buffers.

(i)

The perimeter buffers required by this section shall be located along the outer perimeter of the parcel and shall extend to the parcel boundary line or right-of-way line; however, the buffers may be located along shared access easements between parcels in nonresidential developments.

(ii)

Within shopping centers or other nonresidential centers or developments, the perimeter buffer area between outparcels in the same development may be provided, totally or in part, elsewhere on the site. For example, a 20-foot buffer between uses may be shifted elsewhere on the site (preferably within the site's interior) as long as the total area is provided for. The intent of this subsection is to provide for more flexibility in site design and to potentially save large natural areas that may exist elsewhere on the site.

(f)

Development within perimeter buffers.

(i)

The required buffer shall not contain any development, impervious surfaces, or site features that do not function to meet the standards of this section or that require removal of existing vegetation, unless otherwise permitted in these LDRs.

(ii)

No grading, development, or land disturbing activities shall occur within the buffer unless approved by the LDR Administrator.

(iii)

Sidewalks and trails may be placed in perimeter buffers, provided damage to existing vegetation is minimized.

(iv)

Except for stormwater management facilities and necessary direct interconnections to existing systems, utilities are not permitted in perimeter buffers.

(4)

Credits for preservation of existing trees preserved. Canopy or ornamental/understory trees that are in very good to excellent health, that are protected before and during development of the site and maintained thereafter in a healthy growing condition, can be used to comply with up to 75% of the landscaping standards for Subsections 6.2.2(D)(1), Site landscaping; 6.2.2(D)(2), Parking lot landscaping; or 6.2.2(D)(3), Perimeter buffers, of this section. Credits for the preservation of existing canopy or ornamental/understory trees will be based on the standards in Table 6.2-3, Credit for Existing Trees Preserved.

(5)

Credits for the provision of pedestrian amenities. The amount of required site landscaping or required vegetation in a perimeter buffer may be reduced by up to ten percent based on the provision of three or more of the following pedestrian amenities, which shall be located adjacent to a sidewalk or multiuse trail:

(a)

Benches;

(b)

Exercise equipment;

(c)

Playground equipment;

(d)

Fountains or other water features;

(e)

Gazebos or other gathering places;

(f)

Pedestrian-scale lighting;

(g)

Raised planters meeting the requirements of this article; or

(h)

Public art features.

(6)

Credits for the provision of natural wooded open space. The amount of required site landscaping or required vegetation for any required site landscaping, perimeter (except for arterial buffering), or parking lot landscaping or buffering may be reduced by no more than 35 percent if a minimum 50-foot buffer (at a rate of two canopy trees per each 50 feet linear feet and two understory/ornamental trees per each 50 feet) is provided upon any side or rear of the site that meets the following conditions:

(a)

If located along a perimeter of the property, this natural wooded open space may count towards any required buffer, unless located adjacent to existing single-family residential development or vacant lands zoned A, CSV, RSF-1, RSF-3, RSF-4 or RSF-6 in which case this natural wooded open space area buffer must be in addition to any required buffer.

(b)

Total natural wooded open space must be designated on the site plan as such and meet the minimum area requirements found in the table below:

(c)

Development within this area shall be prohibited except for: Underground utilities, unpaved paths, paved paths not exceeding ten feet, and limited lighting along any paths.

The amount of required vegetation or landscaping may be further reduced to no more than 50 percent if either or both of the following conditions are met, in addition to the conditions found in Subsections (a), (b), and (c) above:

(d)

The proposed natural wooded open space area is contiguous with a previously approved natural wooded open space (a minimum of 50 feet contiguous for development sites three acres or less in area and a minimum of 100 feet contiguous for development sites more than three acres).

(e)

The proposed natural wooded open space area is contiguous with a publicly owned property a minimum of ten acres in size with a zoning designation of Conservation (CSV).

(7)

Xeriscaping and Florida Friendly Landscaping Standards.

(a)

Purpose and intent.

(i)

Purpose. The purpose of these standards is to establish minimum standards for the development, installation, and maintenance of landscaped areas on a site with water use efficiency as a goal, without inhibiting the use of creative landscape design. Xeriscape encourages specific water conservation measures including the re-establishment of native plant communities, the use of site-specific plant materials, and the use of native vegetation.

(ii)

Intent. The intent of this section is to:

a.

Recognize the need for and protection of groundwater as a natural resource through the application of enhanced xeriscape practices;

b.

Ensure water-efficient landscaping is used to the maximum extent practicable to maximize the conservation of water by using site-adapted plants; and

c.

Ensure efficient watering methods are used that will generally result in a reduction of irrigation requirements, costs, energy, and maintenance.

(b)

Standards. Development requiring landscaping or perimeter buffers in accordance with this section shall comply with the following xeriscape standards:

(i)

Preserve and maintain native vegetation. Existing and native vegetation shall be maintained and preserved to the maximum extent practicable.

(ii)

Group plant material into water use zones based on water needs. Plant material shall be located in water use zones according to the water needs of the genus and species, as follows:

a.

High water use zones. Where plant material associated with moist soils is located that requires supplemental water in addition to natural rainfall. Plant material that falls in the high water use zone shall be limited to less than 50 percent of the total landscaped area of the site.

b.

Moderate water use zones. Where plant material can survive on natural rainfall with supplemental water during seasonal dry periods.

c.

Low water use zones. Where plant material can survive on natural rainfall with no supplemental water.

(iii)

Ensure plant types are appropriate for soils. Plant types appropriate for the soils on the site shall be used, and enhanced, if needed, to give the soil more moisture retention capabilities.

(iv)

Use of mulch. Mulches shall be used and maintained around all trees located in landscaped areas not planted or not appropriate for growing turfgrass or ground cover, and in all planted areas.

(v)

Use of low water use plants. Plants shall be selected based on their adaptability to the site based on water use, desired effect, color, texture, and mature size. The landscape should be designed to give the desired aesthetic effect and plants should be grouped in accordance with their respective water needs. The use of native or Florida-Friendly species shall be used, to the maximum extent practicable.

(vi)

Efficient irrigation. The irrigation system used for landscape shall be designed to correlate to the water use plant zones established in the landscape design. A preliminary irrigation plan shall be submitted at time of site plan, or construction plan application submission with a note that the following standards for irrigating the site shall be used in the design of the system:

a.

In the high water use zone. All portions of the zone shall be provided with an automatic irrigation system with low volume heads that are timed to produce no more than two inches of water per week in established landscapes.

b.

In the moderate water use zone. All portions of the zone shall be provided with a readily available water supply within 100 feet, to supplement natural rainfall when needed, and to help ensure that watering will take place until the plant material is established.

c.

In low water use zones. All portions of the zone shall be provided with a readily available water supply within 50 feet, to supplement natural rainfall when needed, and to help ensure that watering will take place until the plant material is established.

d.

Rain sensor devices. Shall be required on all automatic irrigation systems to avoid irrigation during periods of sufficient rainfall.

e.

The irrigation system. Shall be designed to minimize irrigation overthrow onto impervious surfaces and to negate any ponding effects.

f.

Final submission at building permit or construction plans application. A final irrigation plan shall be submitted at the time of building permit application or construction plan application and shall be reviewed to ensure that the design standards found in this subsection have been met.

(vii)

Maintenance. Proper maintenance shall be used to preserve and enhance the quality of the landscape. As part of the submitted landscape plan, a maintenance schedule must be submitted addressing the following: The checking, adjusting, and repairing of the irrigation system, and the resetting of the irrigation schedule according to the season, remulching, fertilizing, weeding, pruning, and mowing.

(viii)

Drip irrigation or emitters. Landscapes that apply all of the xeriscape principles may use drip irrigation or emitters for the planted area until the plant material is established.

(ix)

Incentive for 100 percent Florida Friendly Landscaping. The amount of any required site or perimeter buffering landscaping may be reduced by ten percent if the development area is completely (100 percent) landscaped using Florida Friendly practices and plant material as certified by a registered landscape architect. For subdivisions subject to these landscape requirements, a restrictive covenant must be included that requires individual lot owners to maintain Florida Friendly landscaping on their lots and, if applicable, requires the home owners association to maintain Florida Friendly landscaping in common areas.

(8)

Time for installation of landscaping.

(a)

Approved by City. The installation of landscape for all development projects shall be complete, inspected and approved by the City prior to the scheduling of any final inspection.

(b)

Completeness. Completeness shall be based on compliance with the standards of this section and the landscape plan. The landscape of the subject development site shall be free from trash or construction debris, plastic pots or containers from the installation and miscellaneous debris associated with the landscape installation.

(9)

Plantings. Landscape plantings shall comply with the following standards:

(a)

Plant types. Plantings shall be categorized as one of the following plant types:

(i)

Canopy trees;

(ii)

Understory/ornamental trees;

(iii)

Shrubs;

(iv)

Vines;

(v)

Groundcover;

(vi)

Annual/Perennial flowers.

(b)

Plant size.

(i)

Plant material to comply with "Florida #1" grade quality standard or better as defined and specified within the latest edition of the "Florida Grades and Standards for Nursery Plants" as published by the Florida Department of Agriculture and Consumer Services, Division of Plant Industries. Provide healthy, vigorous stock grown in a recognized nursery in accordance with good horticultural practices and free of disease, pests, and defects.

(ii)

Canopy trees shall be a minimum of eight feet in height with a minimum caliper of two inches.

(iii)

Ornamental or understory trees shall have a caliper of one and one-half inches at time of planting.

(iv)

Palm trees may be utilized as landscaping trees but at an increased ratio of 3:1 replacement and shall be a minimum of eight feet tall at the time of planting.

(v)

Shrubs shall be a minimum of three gallons and groundcovers shall be a minimum of one gallon.

(vi)

To curtail the spread of disease or insect infestation in plant species, new plantings shall comply with the following standards:

a.

When fewer than 20 trees are required on a site, no more than 50 percent shall be of one type;

b.

When more than 20 but fewer than 40 trees are required to be planted on site, no more than 50 percent of the required plantings shall be of one single species; or

c.

When 40 or more trees are required on a site, no more than 50 percent of the required trees shall be of one single species.

(vii)

Landscape plant materials shall be placed in accordance with either the standardized landscape specifications or best practices adopted by the Florida Nurserymen's Association or the Florida Society of Landscape Architects.

(c)

Raised planters, planter boxes, or raised landscape beds may be utilized to meet landscape requirements for understory tree, ornamental tree, or shrub numerical requirements if the following standards are met:

(i)

For rectangular shaped planters or boxes: Must be a minimum of five feet in width and 12 inches in height; or

(ii)

For all other shaped planters or beds (such as round or oval planters): Must be a minimum of 28 inches in height and have a diameter of 36 inches or a circumference of 132 inches; and

(iii)

Must be constructed of or must be clad in a material similar in nature and/or color of the cladding of the principal structure located on the site.

(10)

Alternative landscape plan.

(a)

Generally. An alternative landscape plan may be used where unreasonable or impractical situations would result from application of this section, or to replace a damaged tree pursuant to Subsection 6.2.1 of this section, alternative plans, materials or methods may be justified from natural conditions, such as streams, natural rock formations, topography and physical conditions related to the site. Also, the lot configuration and utility easements may justify an alternative landscape plan.

(b)

Allowable deviations. The LDR Administrator shall approve an alternative landscape plan. Allowable deviations from the standards of this section include, but are not limited to the following:

(i)

A reduction in the total number of required trees and/or alteration of the spacing requirements between trees when underground connections to public facilities or public utilities, or public easements or rights-of-way, are located upon or in close proximity to the parcel or whenever a fewer number of trees would be more desirable in terms of good landscape planning practice.

(ii)

A reduction in the count, spacing, or species diversity standards which would be more desirable in terms of good landscape planning practice considering the nature of the parcel and adjacent parcels.

(iii)

Up to a 33 percent reduction in the total number of required trees provided that the cumulative caliper size of all trees to be planted meets or exceeds the total caliper inches that would have been provided otherwise.

(E)

Installation of landscaping.

(1)

Time limit. All landscaping, including mulching and seeding, shall be completed in accordance with the approved site plan (Section 2.4.9), subdivision (Section 2.4.10), planned development (Section 2.4.3), or building permit, prior to issuance of an occupancy permit unless the LDR Administrator grants an exception to meeting this requirement due to extreme weather conditions. In this case, an irrevocable letter of credit shall be in place to ensure that all landscaping requirements will be met at a predetermined later date. The installation of these requirements shall comply with the required planting standards set forth in this section.

(2)

Extensions and exceptions. The LDR Administrator may grant exceptions and extensions to the above time limit in the following circumstances and under the following conditions:

(a)

Exceptions may be granted due to unusual environmental conditions, such as drought or freezing conditions. In such cases, the LDR Administrator may issue a conditional occupancy permit for a period of 30 to 180 days, depending on the Administrator's recommendation for the next earliest planting season.

(b)

Exceptions may be granted due to the substitution or unavailability of plant species or acceptable plant size as specified in the landscape plan in cases where such materials are not commercially available within a reasonable time.

(c)

Exceptions may be granted due to circumstances beyond the developer's or landowner's control, such as incomplete construction or utility work to occur in a proposed landscaped area within 30 days after expected site completion, provided the developer or landowner submits a letter from the utility company stating the estimated installation date. In such cases, the LDR Administrator may issue a conditional occupancy permit for a defined period not to exceed 30 days.

(F)

Maintenance of landscaping. The landowner shall be responsible for the maintenance of all landscaping installed to comply with the standards of this section for a period of one year after the occupancy permit is issued. Such areas shall be maintained in accordance with the approved landscape plan. All plant life shown on a landscape plan shall be replaced if it dies, is seriously damaged, or removed.

(1)

Damage due to natural occurrence. In the event that any vegetation or physical element functioning to meet the standards of this section is severely damaged within the first year after issuance of the occupancy permit due to an unusual weather occurrence or natural catastrophe, or other natural occurrence such as damage by wild or domestic animals, the landowner shall be required to replant if the landscaping standards are not being met. The landowner shall have one growing season to replace or replant. The LDR Administrator shall consider the type and location of the landscape buffer or required vegetation area as well as the propensity for natural revegetation in making a determination on the extent of replanting.

(2)

Protection during operations. The landowner should take actions to protect trees and landscaping from unnecessary damage during all facility and site maintenance operations. Plants must be maintained in a way that does not obstruct sight distances at roadway and drive intersections, obstruct traffic signs or devices, and/or interfere with the use of sidewalks or pedestrian trails.

(G)

Inspections. The development project shall be inspected on a periodic basis by the owner during the first year after the issuance of the certificate of occupancy to ensure that all of the plant material is healthy and vigorous. If at any time, any plant material appears to be dead or dying it shall be replaced at the landowner's expense with a plant that is the same genus, and size as the plant that is replaced.

(H)

Limitations of Incentives and Reductions. Reductions in minimum landscaping required may be combined (stacked) except that, unless otherwise explicitly stated, the minimum requirement for any individual landscaping requirement shall not be reduced to less than 20% of the minimum required.

(I)

The Land Development Regulations Administrator may establish technical standards setting forth administrative guidelines governing the enforcement of this section, requirements not specifically addressed in this section, and any other information needed for the uniform and orderly administration of this section. Such standards may be published in a technical manual which shall be on file in the office of the City Clerk.

6.2.3

Screening standards.

(A)

Applicability.

(1)

Generally. Screening shall be required to provide a visual buffer around the following accessory uses. Screens shall be opaque and consist of vegetation and walls and/or fences. Screens shall be maintained in perpetuity by the landowner in a form acceptable to the City.

(2)

Time of compliance. A landscape plan shall be submitted with an application for a site plan (Section 2.4.9), subdivision (Section 2.4.10), planned development (Section 2.4.3), or building permit, whichever occurs first, for any development that is required to comply with the standards of this section, demonstrating how the development proposes to comply.

(B)

Waste receptacles. Waste receptacles shall be screened with one of the following materials:

(1)

A solid fence at least six feet in height constructed of wood, masonry, stone, finished (non-reflective) metal, or other similar materials, or

(2)

Landscaping using evergreen materials, capable of providing a substantially opaque, hedge-like barrier and attaining a minimum height of six feet within three years of planting.

Sides which provide service access to waste receptacles shall be gated. Gates shall be constructed of a material consistent with the screening material all other sides of the receptacle, except when using evergreen materials to screen the sides of the receptacles. In such instances, a material consistent with Section 6.2.3(B)(1) shall be utilized.

(C)

Service areas. Service areas shall be screened with either a solid wood, masonry, stone, or finished (non-reflective) metal fence, or a fence constructed of other similar materials, at least six feet in height or landscaped using evergreen materials capable of providing a substantially opaque hedge-like barrier and attaining a minimum height of six feet within three years of planting.

(D)

Mechanical equipment. Mechanical equipment shall be screened with a either a solid wood, masonry, stone, or finished (non-reflective metal) fence, or a fence constructed of other similar materials, at least three feet in height or a landscaping screen, using evergreen materials, capable of providing a substantially opaque, hedge-like barrier and attaining a minimum height of three feet within two years of planting.

(E)

Arterial frontage. Arterial frontage shall be screened with a series of canopy and understory trees, shrubs and ground cover, as follows:

(1)

Canopy trees. Four canopy trees every 100 lineal feet of arterial frontage placed approximately every 25 feet; the width of the paved driveways at the property lines shall not be counted towards the arterial frontage requirement;

(2)

Understory/ornamental trees. Three understory/ornamental trees every 100 lineal feet of arterial frontage;

(3)

Shrubs and ground cover. A continuous row of shrubs or groups of shrubs that forms an opaque screen for the entire length of arterial frontage; or

(4)

Alternative screening. An alternative screen consisting of a solid wood fence at least six feet in height with the minimum number of canopy trees to provide a substantially opaque barrier.

(F)

Screening methods. The following items are permitted for use as screening materials. Alternative screening materials that are not listed may be used if it is determined by the LDR Administrator they are comparable to the screening materials required by this subsection.

(1)

Vegetative material. Planting materials that provide substantial opacity and minimum height of six feet within three years of planting.

(2)

Wooden fence. When wood fences are used, a solid wood fence of treated wood or rot-resistant wood, such as cypress or redwood, shall be used. Chainlink, barbed wire, stock wire, hog wire, chicken wire, and similar type fences are not permitted.

(3)

Masonry walls. When masonry walls are used, they shall be constructed of brick, textured concrete masonry units, or stuccoed block.

(Ord. No. 14-08, § 3(Exh. A), 9-8-14; Ord. No. 19-05, § 3(Exh. A), 1-14-2019; Ord. No. 22-01, § 3(Exh. A), 10-11-2021; Ord. No. 24-01, § 3(Exh. A), 12-11-2023; Ord. No. 25-05 meeting, § 9, 9-8-2025)

6.3.1

Applicability.

(A)

The provisions of this section shall apply as set forth herein.

(1)

Generally. The provisions of this section shall apply to all construction, substantial reconstruction, or replacement of fences, retaining walls not required for support of a primary or accessory structure, or any other linear barrier intended to delineate different portions of a lot. In the event of any inconsistency between the provisions of this section and any screening requirement under Section 6.2.3, the latter shall govern.

(2)

Time of compliance. A plan shall be submitted with an application for a site and development plan (Section 2.4.9), subdivision (Section 2.4.10), planned development (Section 2.4.3), or building permit, whichever occurs first, for any development that is required to comply with the standards of this section, demonstrating how the development processes to comply.

(3)

Exemption for security plan. The owner or tenant of any property in the business districts may submit to the LDR Administrator a security plan that indicates that fences or walls taller than those permitted in Section 6.3.3(B). The owner or tenant of any property in the Corporate Park (CP) district may submit to the LDR Administrator a site security plan that indicates fences or walls not otherwise meeting the standards of this Section 6.3 are necessary to protect the public health, safety, comfort, convenience, appearance, prosperity, or general welfare. The LDR Administrator shall only approve the site security plan, or approve it with conditions, if it is determined that:

(a)

Materials or property in significantly greater danger than surrounding properties:

(i)

The condition, location, or use of the property, or the history of activity in the area, indicate the property or materials stored or used on the property are in greater danger of theft or damage than the surrounding properties; or

(ii)

The materials stored or used on the property may impact the public health, safety, comfort, convenience, appearance, prosperity, or general welfare; and

(b)

Deviation will not have adverse effect.

The additional height of the fences or walls or other deviations from the standards of this Section 6.3 as indicated in the site security plan will not have an adverse effect on the security, functioning, appearance, or value of adjacent properties or the surrounding area as a whole.

6.3.2

General standards.

(A)

Location. Fences are permitted on the property line between two or more parcels of land held in private ownership.

(B)

Temporary fences. Temporary fences for construction sites or for a similar purpose shall comply with requirements of the building code adopted by the City.

(C)

Fences in easements. Fences may be permitted within easements. However, the City shall not be responsible for the repair or replacement of fences that must be removed to access such easements.

(D)

Blocking natural drainage flows. No fence shall be installed so as to block or divert a natural drainage flow onto or off of any other property.

(E)

Fences on retaining walls or berms. If a fence is constructed on top of a wall or berm, the combined height of the fence and wall or berm shall not exceed the maximum height that would apply to a fence or wall alone.

(F)

Fences and walls within buffers and streetscape landscaping areas. Fences and walls shall be installed so as not to disturb or damage existing vegetation or installed plant material.

6.3.3

Height. All fences and walls shall conform to the following standards. In all cases, heights are measured from natural grade.

(A)

Residential districts. Fences and walls, including retaining walls, shall not exceed a height of four feet in front yards and eight feet in side and rear yards. Any fence installed in a front yard shall be of no greater than 50 percent opacity (that is, shall obscure no more than 50 percent of the view into the property). If a fence is constructed on top of a retaining or other wall, the combined height of the fence and wall shall not exceed a maximum height of 16 feet.

(B)

Business districts. Fences and walls, including retaining walls, shall not be permitted in front setback areas, and shall not exceed a height of six feet on the remainder of front yards and ten feet in side or rear yards. If a fence is constructed on top of a retaining or other wall, the combined height of the fence and wall shall not exceed a maximum height of 16 feet.

(C)

Exemption for recreational fencing. Customary fencing provided as a part of a tennis court, ball field, or other recreational facility shall be exempt from the height restrictions of this section. Nothing in this subsection shall be construed to exempt the remainder of a recreational facility in a residential district from the applicable height standards.

6.3.4

Perimeter fences abutting public rights-of-way. For purposes of this subsection, the term "perimeter fences and walls" means any fence or wall that is 36 inches or more in height and within 50 feet of the edge of the right-of-way of an arterial or collector road. Development that abuts arterial or collector roads is not generally required to have perimeter fences and walls between the primary structures and the abutting arterial or collector road, except where such fences or walls are required to meet the screening requirements of Section 6.2. Where a landowner/developer chooses to install perimeter fences and walls, they shall comply with the following standards:

(A)

General standards.

(1)

Uniform style. The perimeter fences and walls for a single development shall be of a uniform style that meets the standards of this subsection in order to provide visual interest in an orderly manner.

(2)

Not located between utility easement and arterial or collector road. Perimeter fences and walls shall not be located between the utility easement and an arterial or collector road.

(3)

Maintained in safe and attractive condition. Perimeter fences and walls shall be maintained in a safe and attractive condition, including but not limited to replacement of missing, decayed, or broken structural and decorative elements, structural maintenance to prevent and address sagging, and repainting.

(4)

Materials. Perimeter fences and walls visible from the public right-of-way shall consist of the following materials: wood, stone, brick, wrought iron, or products designed to resemble these materials. Galvanized chainlink is prohibited. Black or green vinyl coated/PVC coated chainlink fences are permitted except when visible from an arterial or collector road.

(5)

Maximum length of unbroken wall plane. The maximum length of unbroken perimeter wall plane shall be 200 feet. A break in the plane of a fence or wall may be achieved by a break in the length of the wall or fence that is at least two feet long (measured parallel to the street), and at least two feet wide (measured perpendicular to the street).

(B)

Additional standards for fences and walls along arterial streets. The following additional standards shall apply to perimeter fences and walls along arterial roads:

(1)

Maximum length of continuous fence or wall. The maximum length of a continuous perimeter fence or wall without interruption by vehicle or pedestrian access shall be 1,200 feet.

(2)

Landscape breaks may be used to break. Landscape breaks that are at least two feet long may be used to break the continuous fence or wall plane. Landscape breaks shall be set back from the street at least three feet further than the fence plane and shall be landscaped with at least three canopy trees for each 80 linear feet of break and at least two rows of shrubs or native understory trees including seasonal color and plant variety.

(3)

Pedestrian entries may be used to break. Pedestrian entries may be used to break the continuous perimeter fence or wall plane if they include architectural features, decorative elements or landscaping.

(4)

Transparent fence may be used to break. Sections of transparent fence may be used to break the continuous fence plane, provided that any chainlink fencing used for this purpose is not visible from the right-of-way or lands designated for residential use, and provided the section is transparent from no less than three feet above grade and for a linear distance of no less than two feet, and both sides of the section are landscaped with shrubs and trees for a depth of at least four feet on each side of the fence.

6.3.5

Prohibited fences.

(A)

Materials. Fences shall be constructed of customary fencing materials, including solid wood, masonry, stone or decorative metal materials. Where materials are specified for particular types of screening or buffering for fences or walls, all other fence materials are prohibited.

(B)

Chainlink fences prohibited. Chainlink fences are prohibited except when not visible from the public right-of-way; when located on any land with a residential zoning designation; when located on the site of a minor utility as described in Section 10.2 of these LDRs; or when used as customary fencing for a tennis court, ball field, or other recreational facility. Black or green vinyl coated/PVC coated chainlink fences are permitted except when visible from an arterial or collector road.

(C)

Barbed wire and above ground electrified fences prohibited. Barbed wire fences and aboveground electrified fences are prohibited in all zone districts, except the agricultural district when used to contain livestock. Underground electric fences designed for control of domestic animals are permitted.

(D)

Debris, junk, rolled plastic, sheet metal and other waste materials. Fences or walls made of debris, junk, rolled plastic, sheet metal, plywood or waste materials are prohibited in all zone districts, unless such materials have been recycled and reprocessed into building materials marketed to the general public and resembling new building materials.

6.3.6

Appearance. When fences face a public street, if one side of the fence appears more finished than the other (i.e., one side has visible support framing and the other does not), then the more finished side of the fence shall face the perimeter of the lot, rather than facing the interior of the lot. This provision is not required for fencing installed in agricultural zones for the purpose of fencing in agricultural animals.

6.3.7

Maintenance. All fences and walls shall be maintained in good repair. Any deteriorated, damaged or decayed fence material shall be promptly repaired, and any fence or wall post or section that leans more than 20 degrees from vertical shall be promptly repaired to correct that condition.

(Ord. No. 12-04, § 4, 12-12-2011; Ord. No. 12-06, § 3, 1-23-2012; Ord. No. 14-08, § 3(Exh. A), 9-8-2014; Ord. No. 20-08, § 3(Exh. A), 7-27-2020)

6.4.1

Purpose. All site lighting should be designed and installed to maintain adequate lighting on site and provide security for people and land, through the use of fixtures that are durable, yet avoid the use of tall light fixtures that unnecessarily disperse light and glare to surrounding lands.

6.4.2

Applicability.

(A)

Generally. The provisions of this section shall apply to development of any multifamily dwellings, townhome dwellings, two- to four-family dwellings, public and institutional uses, business uses, or recreational features associated with a single-family use.

(B)

Time of compliance. A photometric plan shall be submitted with an application for a site plan (Section 2.4.9), subdivision (Section 2.4.10), planned development (Section 2.4.3), or building permit, whichever occurs first, for any development that is required to comply with the standards of this section, demonstrating how the development proposes to comply.

(C)

Exemption for security plan. The owner or tenant of any property in the Corporate Park (CP) district may submit to the LDR Administrator a site security plan that indicates lighting fixtures, fixture height, or other provisions which otherwise do not meet the standards of this Section 6.4 are necessary to protect the public health, safety, comfort, convenience, appearance, prosperity, or general welfare. The LDR Administrator shall only approve the site security plan, or approve it with conditions, if it is determined that the deviations from the standards of this Section 6.4 as indicated in the site security plan will not have an adverse effect on the security, functioning, appearance, or value of adjacent properties or the surrounding area as a whole.

6.4.3

General standards.

(A)

Hours of illumination. Lands on which public and institutional uses or business uses are located (see Table 4.1-1, Table of Allowed Uses), that are adjacent to existing residential development or vacant land in residential districts, shall turn off all lighting during nonoperating hours, except lighting that is necessary for security, safety, or identification purposes. The public and institutional uses and business uses may activate on-site motion sensor devices for emergency purposes.

6.4.4

Design standards.

(A)

Wall-mounted lights. Wall-mounted lights shall have fully shielded luminaires (such as shoebox or can-style fixtures) to direct all light downward, and to prevent the light source from being visible from any adjacent residential development, vacant land in a residential district, or public street. Wallpack lights visible from any location off of the site are prohibited.

(B)

Direction of lighting.

(1)

No light source directed outward. No light sources shall be directed outward toward property boundaries or adjacent rights-of-way.

(2)

No light source directly illuminate building facades visible from residential development. No light source shall directly illuminate facades of buildings visible from adjacent residential development.

(3)

Direct lighting of nonresidential development downward. Lighting of nonresidential development in all residential districts shall be directed downward, except for low-voltage architectural lighting.

(4)

Illumination of flags, statutes or other objects. Architectural, landscape, and decorative lighting used to illuminate flags, statues or any other objects shall use a narrowly directed light whose light source is not visible from adjacent residential lands or public streets.

(C)

Maximum horizontal illumination. Maximum initial horizontal illumination shall not exceed:

(1)

Residential districts. Five footcandles at building entries and parking lots for any use located in residential districts;

(2)

Business districts. Ten footcandles at building entries and five footcandles in parking lots in the business districts; and

(3)

Under canopies in CBD, CI, ILW, and IG districts. 20 footcandles under canopies in any CBD, CI, ILW, and IG districts.

(D)

Maximum initial lamp lumens. Maximum initial lamp lumens shall not exceed:

(1)

Residential districts. 3,500 lumens (50 watts) for five or less parking spaces and 8,500 lumens (70 watts) for six or more parking spaces, in residential districts.

(2)

Business districts. 21,500 lumens (250 watts) for five or less parking spaces and 24,000 lumens (400 watts) for six or more parking spaces, in the business districts.

(E)

Uniformity ratios. The ratio of maximum to minimum lighting on a given parcel or site, measured at ground level, shall not exceed 15:1 in any residential district, and shall not exceed 10:1 in all other districts.

(F)

Shielding.

(1)

Exterior. Light fixtures in excess of 60 watts or 100 lumens shall use full cut-off lenses or hoods to prevent glare and spillover from the site onto adjacent lands and roads.

(2)

Interior. No interior light source shall emit light directly onto adjacent residential development or vacant lands in residential districts.

(3)

Canopies. No light source in a canopy structure shall extend downward further than the lowest edge of the canopy ceiling.

(G)

Hue. Lighting sources shall be color-correct types such as halogen or metal halide. Light types of limited spectral emission, such as low-pressure sodium or mercury vapor lights, are prohibited.

6.4.5

Height standards.

(A)

Generally. Lighting fixtures, other than lighting for architectural purposes, shall be no more than 15 feet high, whether mounted on poles or walls or by other means, except that:

(1)

Parking lots with 100 to 250 spaces. Light fixtures in parking lots with 100 to 250 spaces shall be no more than 25 feet in height;

(2)

Parking lots with more than 250 spaces. Light fixtures in parking lots with more than 250 spaces shall be no more than 45 feet in height; and

(3)

Parking lots within historic districts. Light fixtures in parking lots within historic districts should comply with historic district light standards.

6.4.6

Lighting for canopies.

(A)

No projection below canopy. Lighting for canopies shall be restricted to lighting fixtures (including lenses) that do not project below the bottom of the canopy. Lighting for canopies for service stations and other similar uses shall not exceed an average of 12 footcandles as measured at ground level at the inside of the outside edge of the canopy.

(B)

No internal illumination. Canopies used for building accents over doors, windows, etc. shall not be internally lit (i.e., from underneath or behind the canopy).

6.4.7

Floodlights and spotlights. Lighting fixtures used as floodlights or spotlights shall be selected, located, aimed, and shielded so that direct illumination is focused exclusively on a portion of the building facade or other intended site feature and away from adjoining land or the right-of-way. On-site lighting may be used to accent architectural elements but shall not be used to illuminate entire portions of buildings. Such lighting shall be installed in a fixture that is shielded so that no portion of the light bulb extends below the bottom edge of the shield, and the main beam from the light source is not visible from adjacent lands of the adjacent right-of-way. Floodlights or other type of lighting attached to light poles that illuminate the site and/or buildings are prohibited.

6.4.8

Illumination of outdoor sports fields and performance areas. Lighting of outdoor sports fields and performance areas shall be installed in accordance with the following standards:

(A)

Glare control package. All lighting fixtures shall be equipped with a glare control package (e.g., louvers, shields, or similar devices), and the fixtures shall be aimed so that their beams are directed and fall within the primary playing or performance area; and

(B)

Hours of operation. The hours of operation for the lighting system for any game or event shall not exceed one hour after the end of the game or event.

(Ord. No. 12-06, § 3, 1-23-2012; Ord. No. 20-08, § 3(Exh. A), 7-27-2020)

6.5.1

Findings and Purpose.

(A)

Findings. As a basis for updating and readopting other parts of this sign ordinance in 2017, the City Commission finds that:

(1)

As recognized by the U.S. Supreme Court in City of LaDue v. Gilleo (1994), signs provide an important and inexpensive medium through which citizens can express their opinions on matters of public interest;

(2)

For all businesses, and for small businesses especially, signs provide an important tool for attracting customers;

(3)

Signs are essential way-finding tools that help drivers and pedestrians find the businesses, houses of worship, residences or other locations that they may be seeking; as way-finding tools, signs limit the necessity of driving unnecessary extra miles and reduce the risk of accidents involving lost or confused drivers;

(4)

In business districts, signs often contribute to the ambience, adding color and night-lighting to areas;

(5)

In residential neighborhoods, inappropriate signage can detract from the quiet character that often attracts people to live in such areas;

(6)

Signs of excessive size or in excessive numbers can create clutter and detract from the character of any area of the city, including business districts;

(7)

Several studies have shown that signs distract drivers, sometimes to a dangerous extent;

(8)

Rapidly changing message boards are particularly distracting to drivers as their eyes linger on the signs and away from the road;

(9)

Signs in excessive numbers and of excessive sizes can contribute to reductions or stagnation in property values, particularly in or near residential areas;

(10)

Temporary signs serve many purposes, allowing people to express their opinions on public issues or indicate that a place is for sale or rent or that they are selling family treasures or other goods at a yard or garage sale;

(11)

Temporary signs can contribute substantially to clutter and it is important for the City to attempt to limit that clutter by limiting the number of temporary signs of commercial messages that can be displayed and by setting deadlines for the removal of all temporary signs;

(12)

In attempting to balance the multiple interests outlined in the next section, the City Commission has concluded that it is not wise to limit the number of signs that people can post expressing their opinions on public issues; the City Commission also finds that the tendency to create clutter with signs is somewhat self-limiting in residential areas, as people try to be good neighbors, sometimes with the encouragement of neighborhood associations;

(13)

Of all signs existing in the City and in surrounding areas, the City finds the least utility and public benefit in billboards or off-site signs, which often advertise products with no relation to the community and with multiple other media through which to communicate their message: for that reason, the City Commission has maintained greater restrictions on the locations of off-site signs than on other commercial signs; and

(14)

Like signs, flags typically communicate messages, and, like signs, they can contribute to a busy or even cluttered skylines, factors that the City Commission has weighed in setting reasonable limits on the numbers of flags displayed and treating flags with commercial messages as commercial signs;

(B)

Purpose. This section establishes standards for the area, location, and character of signs that are permitted as principal or accessory uses. No signs shall be permitted in any location except in conformity with this section and these LDRs. The purpose of this section is to achieve a balance among the following goals:

(1)

Communication. To encourage the effective use of signs as a means of communication for businesses, organizations, and individuals in the City of Alachua;

(2)

Way-finding. To provide a means of way-finding in the City, thus reducing traffic confusion and congestion;

(3)

Business identification and advertising. To provide for adequate business identification and advertising;

(4)

Protect economic and social well-being. To prohibit signs of excessive size and number that they obscure one another to the detriment of the economic and social well-being of the City;

(5)

Protect public safety and welfare. To protect the safety and welfare of the public by minimizing the hazards to pedestrian and vehicular traffic;

(6)

Preserve property values. To preserve property values by preventing unsightly and chaotic development that has a blighting influence upon the City;

(7)

Protecting public interest. To prohibit most commercial signs in residential areas, while allowing residents to use signs to communicate their opinions on matters they deem to be of public interest;

(8)

Eliminate signs which have the potential to cause driver distraction. To differentiate among those signs that, because of their location, may distract drivers on public streets and those that may provide information to pedestrians and to drivers in their cars by out of active traffic;

(9)

Minimize adverse impacts. To minimize the possible adverse effects of signs on nearby public and private property; and

(10)

Consistency with the Comprehensive Plan. To implement the following specific goals of the Comprehensive Plan:

(a)

To maintain a high quality of life for all of its present and future citizens.

(b)

To utilize innovative design standards to provide an attractive built environment; and

(c)

To manage future growth and development.

6.5.2

Applicability.

(A)

Sign permit required. It shall be unlawful for any person to post, display, erect, or structurally modify a sign or advertising structure in the City without first obtaining a sign permit in accordance with Section 2.4.11, Sign permit, unless a general sign permit is granted in accordance with Section 2.4.11(C), General sign permit granted.

(B)

Compliance with ordinances and codes. In addition to the provisions of this section, signs or other advertising structures shall be constructed and maintained in accordance with the following City, State and Federal ordinances and codes:

(1)

Florida Building Code, as amended from time to time; and

(2)

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.

6.5.3

Computation of sign area and sign height. The following principles shall control the computation of sign area and sign height:

(A)

Computation of area of individual signs.

(1)

For signs with fixed boundaries, frames and edges. The area shall be computed by calculating the area within and including the exterior boundaries, frames, or edges enclosing the letters or graphics which compose each sign surface.

(2)

For signs with no fixed boundaries, frames, or edges. The area shall be computed on the basis of the smallest triangle, rectangle, square, or circle encompassing the outermost exteriors of the outermost letters, words, numbers, or graphics which yields the least total square footage area. This provision would apply to signs which are composed of separate letters which are placed or painted upon or against a building, window, or other surface not designed, framed, or edged specifically for sign presentation, for example.

(3)

For double-faced signs. The area shall be computed by calculating the area of one of the larger of the two faces.

(4)

For multifaced signs. The area shall be computed by adding the square footage of each sign face.

(B)

Computation of freestanding sign height. The height of a freestanding sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. For the purposes of this measurement, normal grade shall be construed to be the lower of:

(1)

The existing grade prior to sign construction; or

(2)

The newly established grade after sign construction exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign.

6.5.4

Permanent signs allowed. The following permanent signs are allowed:

(A)

In residential and agricultural districts.

(1)

For a residential use, not more than two freestanding permanent signs per lot, each of which shall be limited in size of no more than two square feet each and a height of no more than four feet. Messages, other than commercial messages, including but not limited to names of occupants, address, and expressions of opinions shall be allowed on such signs.

(2)

Residential neighborhood identification signs. Residential neighborhood identification signs shall be permitted, subject to the following standards and conditions:

(a)

Each neighborhood shall be allowed up to two signs, to be located within 200 feet of the primary entrance to such neighborhood from a collector or arterial street;

(b)

Each such sign must identify a distinct subarea of the City and be located at the entrance to such neighborhood from a collector or arterial street;

(c)

Each such sign must be located on private property in a common area of the neighborhood, controlled by the owner or manager of the area, where applicable, or by a property owners' association representing property owners within the neighborhood;

(d)

Such sign may be located on a wall or other entrance feature or may be freestanding. If freestanding, such sign shall not exceed six feet in height and shall have continuous foundation or other support under it in the style of what is commonly called a monument sign;

(e)

No such sign shall exceed 100 square feet in area;

(f)

Lighting for such sign shall be limited to external, direct white light; indirect and internal lighting and changeable copy are expressly prohibited;

(g)

The sign must bear no commercial message;

(h)

Where the application for the sign relates to a neighborhood that has not been built, the approximate location and type of sign shall be shown on the preliminary plat for the neighborhood. Where the application for the sign relates to an existing neighborhood, the applicant shall submit an application for a sign permit. Said sign permit application will include information to demonstrate compliance with this section;

(i)

The applicant for the sign must own or have the authority to represent the owners of at least 50 percent of the land area to be identified.

(j)

Timing. The sign may be constructed at the entrance along public right-of-way that serves the residential development at the initiation of construction activity, provided that the phase connecting to an external road where the sign is to be located has received Final Plat approval, in order to allow for project visibility, provided that all applicable standards for location and size are met.

(3)

Institutional uses permitted in residential districts. The following signs shall be allowed for an institutional use, such as a school or religious institution, lawfully located in a residential district:

(a)

One freestanding sign, provided that such sign and its structure shall not exceed 50 square feet.

(b)

One wall sign located on the front elevation of the building, provided that no such sign shall exceed 16 square feet.

(c)

A changeable copy sign may occupy up to 25 square feet of the allowed freestanding sign.

(B)

In agricultural districts only.

(1)

Because agricultural districts in a growing community represent a blending of the business of agriculture and residential uses, it is necessary to provide for some types of signs that are not allowed in purely residential districts, but that serve the business of agriculture.

(2)

For that reason, any agricultural or other business conducted lawfully in an agricultural district shall be allowed one freestanding sign not to exceed 100 square feet in size and not to exceed 16 feet in height.

(3)

Institutional uses permitted in agricultural districts. The following signs shall be allowed for an institutional use, such as a school or religious institution, lawfully located in an agricultural district:

(a)

One freestanding sign, provided that such sign and its structure shall not exceed 100 square feet.

(b)

One wall sign located on the front elevation of the building, provided that no such sign shall exceed 16 square feet.

(c)

A changeable copy sign may occupy up to 25 square feet of the allowed freestanding sign.

(C)

In business districts.

(1)

Freestanding signs for single-tenant buildings or developments. Except as otherwise provided in these LDRs, freestanding signs are permitted for single-tenant buildings or developments, subject to the following standards:

(a)

Only one freestanding sign is allowed per lot, tract, or parcel, except that a parcel with more than 400 feet of frontage on one or more roads may have two freestanding signs, which must be separated from each other by at least 150 feet of road frontage.

(b)

The maximum sign area for a freestanding sign and its structure shall not exceed 100 square feet. The maximum area of an individual sign face shall not exceed 50 square feet.

(2)

Freestanding signs for multi-tenant buildings or developments. Except as otherwise provided within these LDRs, freestanding signs are permitted for multi-tenant buildings or developments, subject to the following standards:

(a)

A multi-tenant building or development may have one freestanding sign per building/development, except when a building/development has more than 400 feet of frontage on a road, the building/development may have up to two freestanding signs along a road frontage, which must be separated from each other by at least 150 feet of road frontage. In the case of a multi-tenant buildings/development with frontage along more than one road, the building/development may have one additional freestanding sign along the secondary frontage, which must be separated from other freestanding signs by at least 150 feet of road frontage.

(b)

Freestanding signs which are part of a multi-tenant development may be located on any lot or outparcel which is part of the development. For purposes of this section, a lot or outparcel shall be considered part of a multi-tenant development when:

(i)

The lot/outparcel upon which a freestanding sign is located is in common ownership with other lots/outparcels which are part of the same multi-tenant development;

(ii)

The lot/outparcel upon which a freestanding sign is located is subject to a master association with one or more lots/outparcels which are part of the same multi-tenant development;

(iii)

The lot/outparcel upon which a freestanding sign is located is afforded ingress and egress from a shared access drive connecting between a road, the lot/outparcel upon which the freestanding sign is located, and one or more lots/outparcels which are part of the same multi-tenant development;

(iv)

The freestanding sign is located on a lot or outparcel which is part of the development and is included within a master sign plan for a Planned Development that has been approved pursuant to Section 3.6.3(A)(5), Section 3.6.3(B)(5)(c), Section 3.6.3(C)(5), or Section 3.6.3(D)(5) of these LDRs; or

(v)

The freestanding sign is located on a lot or outparcel which is part of the development as shown on a Site Plan (Section 2.4.9) and is included within a sign plan approved as part of a Site Plan. A freestanding sign approved in accordance with this section shall have continuous foundation or other support under it in the style of what is commonly called a monument sign.

(c)

Signage permitted in accordance with Section 6.5.4(C)(2)(b) shall not be considered off-site signage.

(d)

For freestanding signs which are part of a multi-tenant building or development, the maximum sign area of a freestanding sign and its structure shall not exceed 150 square feet. The maximum area of an individual sign face shall not exceed 100 square feet.

(e)

When a freestanding sign which is part of a multi-tenant building or development includes sign area for individual tenants within the building/development, the total sign area dedicated to individual tenants of the building/development shall not exceed 66 percent of the area of the sign and its structure.

(f)

In addition to the freestanding signage permitted pursuant Sections 6.5.4(C)(2)(a)—(e), one freestanding sign may be permitted on a developed outparcel, subject to the following:

(i)

The outparcel shall have a minimum lot area of 40,000 square feet;

(ii)

The maximum area of the freestanding sign and its structure shall not exceed 50 square feet;

(iii)

The maximum height of the freestanding sign shall not exceed ten (10) feet;

(iv)

Such signs shall be not be located within 100 feet of other freestanding signage.

(3)

Wall signs. Wall signs are permitted, subject to the following standards:

(a)

Each wall sign shall be attached to the building and supported throughout its entire length by the facade of the building.

(b)

The sign area of wall signs placed on the front elevation of the building shall not be greater than ten percent of the square footage of the front elevation upon which the sign is placed. The sign area of wall signs placed on the side or rear elevations of the building shall not be greater than five percent of the square footage of the elevation upon which the sign is placed. The total sign area of all wall signage shall not exceed 350 square feet.

(c)

In the case of multi-tenant buildings, each occupant of the multi-tenant building shall be permitted wall signage for the portion of the building elevation which is included as part of the occupant's premises. Such signage shall be subject to the maximum sign area provisions established in Section 6.5.4(C)(3)(b).

(d)

Wall signs shall not be erected above the roofline of the building, except that, where there is a parapet, a wall sign may extend to the top of the parapet. Such sign shall not be considered a roof sign.

(4)

Canopy and awning signs. In any business district, a canopy or awning sign may be permitted in addition to or in lieu of a wall sign. If the canopy or awning is permitted in additional to a wall sign, the canopy or awning sign area shall be incorporated into the overall sign area total, provided however that the canopy or awning sign area shall not exceed 32 square feet. If the canopy or awning sign is permitted in lieu of a wall sign, the canopy or awning sign area shall not exceed 32 square feet.

(5)

Changeable copy. A changeable copy sign, including a sign on which the copy can be changed electronically, may be used for up to one half of the allowed square footage for any freestanding sign, subject to the limitations of Subsection 6.5.4(E) of this section.

(6)

Interstate-75 corridor signage. In addition to the freestanding signage permitted by Subsection 6.5.4(C)(1)—(2), one additional freestanding sign shall be permitted for a development which abuts Interstate-75, subject to the following standards:

(a)

The maximum height of the sign shall not exceed 24 feet;

(b)

The maximum area of the sign and its structure shall not exceed 150 square feet and the maximum sign area of such signage shall not exceed 100 square feet;

(c)

Such signage shall be located and oriented to achieve a view-shed from Interstate-75;

(d)

Such signage shall be located within 100 feet of the Interstate-75 right-of-way; and,

(e)

The total sign area of all freestanding signs which are part of the development shall not exceed 300 square feet.

(D)

General standards for permanent freestanding signs in residential, agricultural and business districts.

(1)

Sign height, width and depth.

(a)

Except as otherwise provided in these LDRs, the maximum height of a freestanding sign and its structure accessory to a residential use in a residential or agricultural district is four feet.

(b)

Except as otherwise provided in these LDRs, the maximum height of a freestanding sign and its structure in a business district is 16 feet.

(c)

The maximum width of a freestanding sign in any district shall not exceed the maximum height allowed for such sign.

(d)

The maximum depth (thickness) of a sign and its structure shall not exceed 48 inches.

(2)

Design limitations along the U.S. 441 Corridor.

(a)

Applicability. The provisions of this subsection 6.5.4(D)(2) shall apply to the following signs located within 200 feet of the right-of-way of U.S. 441, except that those properties with road frontage on U.S. 441 within a distance of 1,000 feet on either side of the I-75 overpass as measured from the outer edge of the I-75 overpass shall follow the standards for signage in business districts.

(i)

Any freestanding sign located in a business district;

(ii)

Any freestanding sign located in an agriculture district;

(iii)

Any freestanding sign accessory to an institutional use in a residential district.

(b)

Design and support. Any such sign that has a height of more than six feet or that is more than six square feet in area shall be designed as a monument or ground sign meeting the following standards:

(i)

There shall be a continuous support between the ground and the bottom of the sign; and

(ii)

The support system shall be composed of materials identical to or similar in appearance, color and texture to the materials used in the building to which the sign is accessory.

(3)

Setbacks and obstruction of vision.

(a)

A sign or advertising structure shall be set back at least five feet from the nearest lot line; any freestanding sign or advertising exceeding six feet in height or 32 square feet in area shall be set back from any lot line abutting property zoned for residential use by at least ten feet.

(b)

No sign shall be located within public rights-of-way. No portion of any sign shall overhang a public right-of-way, except for wall signage located within the CBD zoning district, which shall project no greater than two feet into the public right-of-way and shall comply with Section 6.5.7(H).

(c)

Signs shall not be located within the vision triangle of an intersection as required under Section 7.2.6, Visibility clearance. Signs shall not be located in such a way as to obstruct the vision of vehicular, bicycle, or pedestrian traffic.

(d)

No sign shall be located within ten feet of any water or electric system infrastructure or within 15 feet of any stormwater or wastewater infrastructure. No portion of any sign shall overhang within ten feet of any public infrastructure.

(4)

Address. The E-911 address of an agricultural use, institutional use, or business use may be included on the sign face or on the sign structure. Inclusion of the E-911 address will not be included in the calculation of the maximum area of the sign face, nor will it cause the sign structure to be included in the calculation of the maximum area of the sign face.

(E)

Changeable copy signs. Where changeable copy signs are permitted, an electronic message board or other sign on which the message can be changed electronically may be used as the changeable copy sign, provided that such sign shall be programmed so that it will not change the message more often than one time per minute. Changeable copy signs shall be prohibited from scrolling, rolling, fading, flashing, or otherwise transitioning text and graphics displayed upon the changeable copy sign area.

(F)

Signs in the public rights-of-way. The following permanent signs are allowed in the public rights-of-way:

(1)

Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic.

(2)

Bus stop signs erected by a public transit company authorized to operate in the City.

(3)

Informational signs of a public utility regarding its poles, lines, pipes or other facilities.

(4)

Other signs appurtenant to a use of public property permitted under a franchise or lease agreement with the City.

(5)

Within the boundaries of an approved Planned Development zoning district (PD-R, PD-TND, PD-EC, PD-COMM, or PUD), one directional sign shall be permitted at each ingress/egress to the Planned Development zoning district. Such signs shall be subject to all other applicable regulations for freestanding signs, as provided in Section 6.5.4, unless otherwise regulated by a Planned Development Agreement or a master sign plan approved pursuant to Section 3.6.3(A)(5), Section 3.6.3(B)(5)(c), Section 3.6.3(C)(5), or Section 3.6.3(D)(5) of these LDRs. Signs permitted in accordance with this section shall not be considered off-site signs.

(G)

Welcome signs. Signs identifying entry into the corporate limits of the City which are located on public property, in easements granted to the City, or in the public rights-of-way shall not exceed 150 square feet and shall be subject to the provisions of Section 6.5.4(D).

6.5.5

Temporary signs allowed. The following temporary signs are allowed:

(A)

In residential and agricultural districts. The following temporary signs shall be allowed in residential and agricultural districts, subject to the standards set forth in this subsection:

(1)

Generally. Temporary signs shall be allowed on property in the residential and agricultural districts, subject to the following limitations:

(a)

Such signs may be installed only by the property owner or occupant or with such person's permission.

(b)

On lands of less than five acres, such a sign shall not exceed 7½ square feet in area. On lands of five acres or more, such a sign shall not exceed 32 square feet.

(c)

Such sign shall not exceed six feet in height.

(d)

There shall be no more than two temporary signs bearing a limited commercial message on a single lot or tract at any time, where the message is limited to a commercial message offering the property on which it is located for sale, rent, or lease, or advertising a garage or yard sale, which may be lawfully held on the lot or parcel on which it is located. No other commercial message is allowed.

(e)

There shall be no limit on the number of temporary signs not bearing commercial messages on a lot or tract.

(2)

Period of posting.

(a)

If a temporary sign relates to an election or other specific event, it shall be removed within ten days after the occurrence of the event.

(b)

A sign offering the premises for sale, rent, or lease shall be posted only during such time as the premises is actually available for sale, rent, or lease; such a sign shall be removed within five days of the execution of a lease or rental agreement, closing of sale, or actual occupancy of the property by a new owner or tenant, whichever shall first occur. A sign advertising a lawful garage or yard sale may be posted not more than 24 hours before the beginning of the sale and shall be removed within two hours of the conclusion of the sale.

(3)

Accessory signs for new developments. As an accessory sign to the temporary business of real estate development in accordance with these LDRs, temporary signs advertising the sale of lots or dwellings in these districts shall be allowed in accordance with the following standards:

(a)

One such sign shall be allowed for the development for which subdivision plats have been approved and in which less than 80 percent of the available lots, dwellings or dwelling units have been sold;

(b)

Each such sign may be up to 32 square feet in size;

(c)

Such sign shall not be separately illuminated; or may be illuminated only by external, direct, white light which does not cause spillover or glare exceeding 0.50 footcandles at the property line; and

(d)

Such sign shall be removed on the earlier of the following:

(i)

Three years after the approval of the sign permit for such sign; or

(ii)

Upon transfer of title of 80 percent or more of the available lots, dwellings, or dwelling units included in the approved plat.

(4)

Notice and other official signs. Temporary signs required to provide notice or for other purposes under Federal or State law or local ordinance or by order of a court of competent jurisdiction shall be allowed. Such signs shall be removed at the end of the period of required posting. The size limitations applicable to other temporary signs in these districts shall not apply to signs posted to conform to statutory requirements or judicial orders, where the clear language of the statute or the order requires that such sign be larger or taller than would otherwise be permitted under this subsection.

(B)

In business districts. The following temporary signs shall be allowed for each lot or parcel in a business district, subject to the standards set forth in this subsection:

(1)

Generally. One general temporary sign shall be allowed for each lot or parcel in a business district, subject to the following limitations:

(a)

Such signs may be installed only by the property owner or occupant or with such person's permission.

(b)

Such sign shall not exceed 32 square feet in area.

(c)

Such sign shall not exceed six feet in height.

(d)

Such sign may be used for the purpose of advertising the property, or a portion thereof, for sale, rent or lease, or for any noncommercial message.

(e)

If such sign relates to an election or other specific event, it shall be removed within ten days after the occurrence of the event. If the sign relates to the sale, rent, or lease of property, it shall be removed within five days of the execution of a lease or rental agreement, closing of a sale, or actual occupancy of the property by a new owner or tenant, whichever shall first occur.

(2)

Period of construction or development. During the time that a property is under development or construction, one temporary detached sign that conforms in size, height, and location with the standards of Subsection 6.5.5(B)(1) of this section shall be allowed. Such temporary sign shall be removed upon the earlier of the following: 60 days after issuance of a certificate of occupancy for the premises, or installation of the permanent sign.

(3)

Notice and other official signs. Temporary signs required to provide notice or for other purposes under Federal or State law or local ordinance or by order of a court of competent jurisdiction shall be allowed. Such signs shall be removed at the end of the period of required posting. The size limitations applicable to other temporary signs in these districts shall not apply to signs posted to conform to statutory requirements or judicial orders, where the clear language of the statute or the order requires that such sign be larger or taller than would otherwise be permitted under this subsection.

(4)

Sandwich board signs. Sandwich board signs shall be permitted in the Central Business District and in any commercial sections of planned developments where the approved plan specifically allows such signs or incorporates by reference the standards applicable to signs in the Central Business District, subject to the following standards:

(a)

There shall be no more than one such sign per business establishment;

(b)

Such sign shall be located directly in front of such business establishment and within ten feet of the principal public entrance to such establishment;

(c)

Such sign may contain commercial messages related to goods and services offered at the business establishment or other noncommercial message;

(d)

One side of the sign shall not exceed five square feet in area, and there shall not be more than two sides to such sign;

(e)

The sign shall be taken inside the establishment when the business closes each night or at 9:00 p.m., whichever is earlier; and shall not be placed outside again until 7:00 a.m. or when the business opens each morning, whichever is later. Three or more violations of this provision during any 60-day period shall be grounds for the City to suspend or revoke the right of the violator to have a sandwich board sign; and

(f)

The sign shall not block any required exit from a building and shall not impair movement on the sidewalk by persons on foot, with walkers, in wheelchairs, or with strollers.

(C)

Banners.

(1)

On private property.

(a)

One temporary banner may be displayed on property no more than four times per year. The banner may be displayed for up to 14 days per occurrence, with a minimum of 45 days between each occurrence.

(b)

The temporary banner shall not exceed 32 square feet in area or ten percent of the area of the wall to which the banner is fastened, whichever is smaller.

(c)

The temporary banner shall be installed only on property, buildings, or structures owned or occupied by the permittee. The banner shall be firmly attached to a secure structure at all four corners.

(d)

No temporary banner may be displayed without the issuance of a sign permit that is based upon the guidelines providing specific criteria and that are not based upon the content of the banner.

(2)

On public property or right-of-way. Temporary banners shall not be permitted over public space or street rights-of-way, except that up to two temporary banners may be permitted for an event which has been issued a Special Event Permit by the City of Alachua. If the event is exempt from obtaining a Special Event Permit pursuant to Section 4.6.2, the LDR Administrator may permit up to two temporary banners to be placed over a public space or street right-of-way.

(a)

If the right-of-way is under the jurisdiction of the Florida Department of Transportation the proposed banner shall meet the requirements of Chapter 14-43 of the Rules of Procedure of the department.

(b)

If support of the banner or access to the location to erecting the banner requires entry onto or use of private property owned by a person other than the applicant, the applicant shall provide notarized written consent from each affected landowner.

(c)

The temporary banner shall provide at least 20 feet of vertical clearance to the public space below, be constructed of less than eight-ounce canvas, or similar material, and be supported by not less than one-quarter-inch stranded cable sewn into its hem.

6.5.6

Flags.

(A)

Generally. All flagpoles shall be set back from each property boundary a distance equal to the height of the flagpole.

(B)

Commercial messages. Flags with commercial messages are permitted in the same locations and subject to the same restrictions as other signs with commercial messages.

(C)

Relationship to other limits. The square footage of flags bearing a commercial message shall be counted against the maximum sign area allowed.

(D)

Numerical limits. There shall be no more than two flags on each pole. Three flagpoles shall be allowed on each lot, plus one additional flagpole for each 200 feet of frontage on a street above the minimum lot frontage required in the zoning district or 100 feet, whichever is less.

6.5.7

Prohibited signs. It is unlawful for any person to erect, place, or use within the City:

(A)

Flashing signs, except for warning signs erected or placed temporarily by officials of the State of Florida, Alachua County or the City of Alachua, when the design and operation of such warning signs conforms to standards of the current Manual of Uniform Traffic Control Devices. Changeable copy signs meeting the standards of Section 6.5.4(E) shall not be considered flashing signs; changeable copy signs which change more frequently than allowed by that section, whether by scrolling, rolling, fading, flashing, or other means, shall be considered flashing signs and are subject to this prohibition.

(B)

Revolving signs.

(C)

Signs on public property, except signs erected by a public authority for a public purpose. Any sign installed or placed on public property, except in conformance with the requirements of this section, shall be deemed illegal and shall be forfeited to the public and subject to confiscation. In addition to the other remedies herein, the City shall have the right to recover from the owner or person placing such sign the cost of removal and disposal of such sign.

(D)

Roof signs.

(E)

Signs more than 16 feet in height, except as otherwise provided for in these LDRs.

(F)

Separate lighting for allowed temporary and permanent signs in residential districts, except that this prohibition shall not apply to allowed signs for institutional uses and residential neighborhood identification signs in residential districts.

(G)

Signs that result in glare or reflection of light on residences in the surrounding area.

(H)

Canopy, marquee, projecting, or hanging signs with less than an eight-foot clearance between the bottom of the sign and the ground surface.

(I)

Portable signs, except sandwich board signs allowed in accordance with Subsection 6.5.5(B)(4) of this section.

(J)

Signs legible from a public right-of-way containing more than 15 items of information on each sign face. An item of information is a word, an initial, a logo, an abbreviation, a number, a symbol or a geometric shape. This prohibition shall not apply to signs posted to conform to statutory requirements or judicial orders, where clear language of the statute or the order requires that such sign contain more than 15 items of information.

(K)

Off-site signs, except as otherwise provided for within these LDRs in Section 6.5.4(C)(2) and Section 6.5.4(G). Wayfinding signage erected by a governmental entity and located within or along a right-of-way shall not be considered an off-site sign.

(L)

Snipe signs, which consist of signs other than temporary signs and banners permitted pursuant to Section 6.5.5 which are tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, or to other objects.

(M)

Vehicle/trailer signs with a total sign area on any vehicle in excess of ten square feet, when the vehicle is parked in such a manner as to be visible from a street for more than two consecutive hours, excluding vehicles used for daily transportation, deliveries, or parked in a designated off-street parking space while business is being conducted on-site.

6.5.8

Substitution of message. Any sign allowed under this section or a predecessor ordinance, by sign permit, by conditional use permit, or by variance, or may contain, in lieu of any other message or copy, any lawful message that does not direct attention to a business operated for profit, or to a product, commodity, or service for sale or lease, or to any other commercial interest or activity, so long as said sign complies with the size, height, area, and other requirements of this section and these LDRs.

6.5.9

Design, construction and maintenance.

(A)

All signs shall comply with the applicable provisions of the Florida Building Code and the electrical code of the City of Alachua at all times.

(B)

Except for permitted temporary banners, flags, and temporary signs conforming in all respects with the requirements of this section, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure.

(C)

All permanent signs requiring a sign permit from the City shall have a permanent weatherproof identification plate affixed to the exterior of the sign structure such that it may be readily seen after the sign is installed and shall indicate the following:

(1)

The name of the manufacturer;

(2)

The name of the installer;

(3)

The date of installation;

(4)

The sign permit number; and

(5)

The electric permit number with the input volt amperes at full load for electric.

(D)

Maintenance. All signs and flagpoles shall be maintained in a good structural condition, in compliance with the Florida Building Code, and in conformance with this section, at all times. Specifically:

(1)

A sign shall have no more than 20 percent of its surface area covered with disfigured, cracked, ripped, or peeling paint, poster paper, or other material for a period of more than 30 successive days.

(2)

A sign shall not stand with bent or broken sign facing, with broken supports, with loose appendages or struts, or more than 15 degrees from vertical for a period of no more than 30 successive days.

(3)

Any sign which becomes or has become at least 50 percent destroyed shall be deemed a public nuisance and shall be removed by the owner of the sign or the owner of the premises upon which the same is situated.

(4)

A sign shall not have weeds, trees, vines, or other vegetation growing upon it, or obscuring the view of the sign from the street or right-of-way from which it is to be viewed, for a period of more than 30 successive days.

(5)

An internally illuminated sign shall not be allowed to stand with only partial illumination for a period of more than 30 successive days.

(6)

The area around a lighted sign shall be maintained so that there are no weeds within a radius of ten feet of the sign, and no rubbish or debris shall be permitted so near to the sign that it creates a fire hazard.

(E)

Location; utilities and ingress/egress.

(1)

No sign shall be installed or erected so as to cover the doors or windows of the building, be constructed in such a manner as to obstruct a fire escape or an access thereto or be attached to a fire escape, exterior stair or other means of egress. No sign shall be attached to a standpipe, gutter, or drain, nor shall any sign be installed so as to impair access to a roof.

(2)

Signs shall maintain a minimum six feet horizontal clearance and 12 feet vertical clearance from electrical equipment and lines and from all communications equipment or lines located within the City.

(3)

Signs and their supporting structures shall maintain clearance and non interference with all surface and underground facilities and conduits for water, sewage, electricity, or communication equipment or lines. Furthermore, placement shall not interfere with natural or manmade drainage or surface or underground water.

6.5.10

Nonconforming signs. It is the policy of the City of Alachua to encourage and, to the maximum extent practicable, require that all signs within the City be brought into compliance with the requirements of these LDRs. Regulations related to nonconforming signs are found in Article 8, Nonconformities.

6.5.11

Violations, enforcement and remedies. Violations and enforcement of this section are to be conducted according to the regulations found in Article 9, Enforcement and Remedies. Each sign installed, created, erected, altered, or maintained in violation of these LDRs shall be considered a separate violation when applying the penalty portions of these LDRs.

6.5.12

Severability. If any portion of this section and Articles 8 and 9 related to this section, is found to be unconstitutional, beyond the power of the City of Alachua or otherwise not valid or ineffective, it is the intent of the City Commission that the remainder of this section, Article 8 and Article 9 should remain in effect unless and until amended by action of the City Commission in accordance with State law. It is further the intent of the City Commission that, if this section, Article 8 or Article 9 in its entirety should be held to be unconstitutional or otherwise not valid or ineffective, the remainder of these LDRs should remain in effect.

(Ord. No. 14-08, § 3(Exh. A), 9-8-2014; Ord. No. 18-01, § 3(Exh. A), 10-23-2017; 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 regulate signage required, F.S. § 163.3202(2)(f).

6.6.1

Purpose. The standards of this section are intended to ensure development in existing developed areas of the City is consistent with the established character and scale of those areas, and to protect existing residential uses and established residential neighborhoods from the potentially adverse impacts arising from the development of nonresidential uses in close proximity to residences. Accordingly, these standards are designed to address the transition between nonresidential and residential zone districts and uses, where these occur in close proximity, and to impose conditions on the development of nonresidential uses that reflects a proper balance between the needs of residents with the reasonable development and use of nonresidential sites.

6.6.2

Contextual design standards.

(A)

Applicability.

(1)

Generally. These standards shall be applicable to all proposed single-family and two-family residential development areas in the RSF-3, RSF-4, RSF-6, and RMH-5 districts where at least 75 percent of the lots on the block have already been developed with residential structures, and to properties containing nonresidential uses that are located adjacent to such single-family and two-family residential units or areas.

(2)

Time of compliance. A plan shall be submitted with an application for a site plan (Section 2.4.9), or building permit, whichever occurs first, for any development that is required to comply with the standards of this section, demonstrating how the development proposes to comply.

(B)

Contextual setbacks. Notwithstanding the minimum front setback requirements in Article 5, Density, Intensity and Dimensional Standards, a contextual front setback shall be used. A contextual front setback may fall at any point between the required front setback and the front setback that exists on a lot that is adjacent and oriented to the same street as the subject lot. If the subject lot is a corner lot, the contextual setback may fall at any point between the required front setback and the front setback that exists on the lot that is adjacent and oriented to the same street as the subject lot. If lots on either side of the subject lot are vacant, the setback that exists on such vacant lots shall be interpreted as the minimum required front setback that applies to the vacant lot. This provision shall not be interpreted as requiring a greater front setback than imposed by the base zone district.

(C)

Contextual height. Notwithstanding the maximum height limits in Article 5, Density, Intensity and Dimensional Standards, a contextual height limit shall be used. The allowed contextual height may fall at any point between the maximum height limit and the height of a building that exists on a lot that is adjacent to the subject lot. If the subject lot is a corner lot, the contextual height may fall at any point between the maximum height limit and the building height that exists on the lot that is adjacent to the subject lot. If lots on either side of the subject lot are vacant, the height that "exists" on such vacant lots shall be interpreted as the maximum height limit that applies to the vacant lot. This provision shall not be interpreted as requiring lower maximum heights than imposed by the base zone district.

(D)

Contextual building width. The width of the primary public street elevation of the primary dwelling shall not exceed the width of the widest residential structure of the same type (i.e., single-family detached, duplex, townhouse or multifamily) located on the same block face by more than 25 percent.

6.6.3

Residential protection standards.

(A)

General conditions. As a condition of the approval of any nonresidential development located within 500 feet of any residential district or adjacent to an existing residential single-family or two-family development, conditions may be imposed to reduce or minimize any potential adverse impacts on the residential land or development. Such conditions may include but are not limited to the following:

(1)

Hours of operation and deliveries. Hours of operation and deliveries.

(2)

Activities that generate potential adverse impacts. Location on a site of activities that generate potential adverse impacts on adjacent uses such as noise and glare.

(3)

Placement of trash receptacles. Placement of trash receptacles.

(4)

Loading and delivery area. Location of loading and delivery areas.

(5)

Lighting. Lighting location, intensity, and hours of illumination.

(6)

Placement of outdoor machines and activities. Placement and illumination of outdoor vending machines, telephones, or similar outdoor services and activities.

(7)

Additional landscaping and buffering to mitigate adverse impacts. Additional landscaping and buffering to mitigate adverse impacts.

(8)

Height restrictions. Height restrictions to preserve light and privacy and views of significant features from public property and rights-of-way.

(9)

Preservation of natural lighting and solar access. Preservation of natural lighting and solar access.

(10)

Ventilation and control of odors and fumes. Ventilation and control of odors and fumes.

(11)

Paving and parking areas. Paving to control dust.

(12)

Placement or configuration of site design. Placement or configuration of site design.

(B)

Height and setbacks. Any nonresidential structure located in any nonresidential district and within 100 feet of a property boundary of a residential district or adjacent to a single-family or two-family dwelling shall be set back from the boundary of the residential district property boundary or residential development a minimum distance equal to the height of the nonresidential structure.

(Ord. No. 09-29, § 3(6.6.2), 9-28-2009; Ord. No. 20-08, § 3(Exh. A), 7-27-2020)

6.7.1

Purpose. This section addresses the character and design of those portions of development that are not occupied by platted lots or streets and that are reserved for parks, trails, landscaping, and open space uses. The standards of this section apply regardless of whether or not the land involved will be dedicated to the City, and regardless of whether or not such open space will be open to the public or to other residents of the development.

6.7.2

Applicability.

(A)

Generally. The provisions of this section shall apply to all development in the City, except agricultural uses.

(B)

Time of compliance. A plan shall be submitted with an application for a site plan (Section 2.4.9), subdivision (Section 2.4.10), planned development (Section 2.4.3), or building permit, whichever occurs first, for any development that is required to set aside open space in accordance with the standards of this section, demonstrating how the development project proposes to comply.

6.7.3

General standards.

(A)

Amounts of open space required. Development shall provide at least the minimum amounts of open space set-aside identified in the following Table 6.7-1, Open Space Set-Aside:

(B)

Calculations. For purposes of complying with this section:

(1)

Unique features. Natural features (riparian areas, wetlands, native upland ecosystems, wildlife corridors, etc.), natural hazard areas (floodplains, karst areas, etc.), water features (drainage canals, ditches, lakes, natural ponds, etc.), and wildlife habitat areas for threatened and endangered species shall be counted towards the open space set-aside.

(2)

Required landscaping and tree protection zones. Areas occupied by required landscaping and tree protection zones shall be counted towards the open space set-aside.

(3)

Active recreation areas. Land occupied by active recreational uses such as pools, playgrounds, tennis courts, jogging trails and clubhouses used primarily for recreational purposes, shall be counted towards the open space set-aside.

(4)

Passive recreation areas. Passive recreation areas shall be counted towards the open space set-aside.

(5)

Stormwater management and similar systems. Land occupied by stormwater management systems, including retention and detention ponds, sand filters, and other retention devices shall be counted toward the open space set-aside.

(6)

Land within lot subject to easement. Land within the boundary of a private lot, if it is subject to a conservation easement shall be counted towards the open space set-aside.

(7)

Not counted as open space. The following shall not be counted as open space set-aside:

(a)

Private yards not subject to a conservation easement.

(b)

Land located within the boundary of a private lot, unless subject to a conservation easement.

(c)

Public or private streets or rights-of-way, including sidewalks.

(d)

Parking areas and driveways.

(e)

Designated outdoor storage areas.

(8)

Accelerated credits for greenway and trail provision. Land within greenways and land used for improved multi-purpose trails shall be credited towards the open space set-aside percentage requirement at an accelerated rate of 1.5 times the amount of land within the greenway or trail.

6.7.4

Design standards. Land set aside as open space shall comply with the following standards:

(A)

Location. Where relevant and appropriate, open space set-aside area should be readily accessible and usable by residents and users of the development. Where possible, a portion of the open space set-aside should provide focal points for the development.

(B)

Configuration. The lands should be configured to the maximum intended purposes of the open space.

(C)

Prioritization of features for open space set-aside. To the maximum extent practicable, open space set-asides should be located and organized to include, protect, or enhance as many of the following features as possible:

(1)

Natural features. Natural features such as wetlands, riparian areas, mature trees (six-inch caliper or greater), native upland ecosystems and wildlife corridors.

(2)

Water features. Water features such as drainages, canals, ditches, lakes, natural ponds and retention and detention ponds.

(3)

Natural hazard areas. Natural or geologic hazard areas or soil conditions, such as karst areas, other potentially unstable soils or floodplains.

(4)

Habitat for endangered or threatened species. Habitat for threatened or endangered species listed, or proposed for listing, by either the Federal or State government.

(5)

Multiple compatible open space uses. Areas that accommodate multiple compatible open space uses rather than a single use.

6.7.5

Allowable uses. Open space set-aside areas shall not be disturbed, developed, or improved, with any structures or buildings, except for the following allowed limited purposes:

(A)

Active recreation uses. Facilities for active recreation, including but not limited to: pools, playgrounds, tennis courts and clubhouses used primarily for recreational purposes. (Equipment or structures for such uses shall be indicated on the site and development plan or subdivision plat.)

(B)

Passive recreation uses. Passive recreational and educational purposes, including but not limited to walking, jogging, biking, picnicking, fishing, preservation of natural areas and scenic resources, parks, environmental education and wildlife habitat protection.

6.7.6

Protection and maintenance.

(A)

Dedicated to homeowners' or property owners' association. Wherever possible, all open space set aside areas shall be owned jointly or in common by the owners of the development through a recognized homeowners' or property owners' association, which should be established in accordance with the following:

(1)

Review of document creating association. The landowner shall submit documents for the creation of the homeowners' or property owners' association to the City for review and approval, including its bylaws, and all documents governing ownership, maintenance, and use restrictions for the open space set-aside, including a legal description of such areas.

(2)

Landowner responsibility. The landowner shall agree that the association shall be established by the landowner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before approval of the first record plat for the land.

(3)

Association membership. Membership in the association shall be automatic (mandatory) for all purchasers of dwelling units, lots or other structures therein and their successors in title.

(B)

Retained on private lots. All required open space set-aside areas maintained on individual building lots shall be protected as open space through the use of an easement prohibiting future development of the open space. Such open space shall be clearly marked on the site and development plan or plats for subdivision.

(C)

Dedicated. In some cases, the landowner may propose that certain lands designated as open space set-aside areas, such as wetlands, floodplains or other natural areas be dedicated to a nonprofit organization, the City, or a similar entity, who shall be responsible for managing the open space. To ensure adequate management of the open space set-aside, such a dedication shall be reviewed and approved by the City Commission as part of the development review process.

(Ord. No. 20-08, § 3(Exh. A), 7-27-2020)

6.8.1

Applicability.

(A)

Use type. Unless exempted pursuant to Subsection 6.8.1(B), the standards in Subsection 6.8.2 shall apply to all business use types, except for single tenant retail sales and services uses greater than or equal to 20,000 square feet, which shall be subject to the standards of Subsection 6.8.3.

(B)

Exemptions. Use types within the industrial services, manufacturing and production, warehouse and freight movement, waste-related services, and wholesale sales use categories are exempt from the requirements of this Subsection 6.8.2(A), except when all or a portion of a building utilized for such use is within 500 feet of the right-of-way of US Highway 441.

(C)

Additions; expansions; renovations.

(1)

If any expansion or alteration exceeds 50 percent of the structure's assessed value in any continuous five-year period, the standards as set forth in Subsection 6.8.2 shall apply to all business use types, unless exempt pursuant to Subsection 6.8.1(B).

(2)

If any expansion or alteration exceeds 50 percent of the structure's assessed value in any continuous five-year period, the standards as set forth in Subsection 6.8.3 shall apply to any single tenant retail sales and services use that is greater than or equal to 20,000 square feet.

(D)

Time of review. Review of proposed development to ensure compliance with the standards of this section shall occur at time of site plan (Section 2.4.9), special exception (Section 2.4.4), planned development master plan (Section 2.4.3(D)), or site-specific amendments to Official Zoning Atlas (Section 2.4.2), as appropriate.

6.8.2

Design standards for business uses.

(A)

Façade and material design.

(1)

Generally. All façades facing a street, lands containing existing residential uses, or vacant land classified as CSV, A, RSF-1, RSF-3, RSF-4, RSF-6, RMH-5, RMH-P, RMF-8, or RMF-15, shall be subject to the standards set forth in Subsection 6.8.2(A)(2).

(2)

Standards.

(a)

Glazing.

(i)

Glazing of the front facade in the following amounts:

a.

Twenty percent of the ground floor façade area when it faces a street or a publicly-accessible parking area which is a part of the development and consists of 15 percent or more of the development's minimum off-street parking requirement pursuant to Section 6.1.4(B);

b.

Fifteen percent of the ground floor façade area when it faces any vacant land classified as CSV, A, RSF-1, RSF-3, RSF-4, RSF-6, RMH-5, RMH-P, RMF-8 or RMF-15, or lands containing existing residential uses.

(ii)

For the purposes of this section, the ground floor façade area of single-story buildings shall be calculated by measuring the applicable building wall between the finished grade and the underside of the roof of the facade. When a building wall includes a parapet, the ground floor façade area shall be calculated by measuring to the top of the parapet. For buildings with more than one story, the ground floor façade area shall be calculated by measuring the applicable building wall between the finished grade and the underside of the floor above the ground level floor.

(iii)

Windows shall not use reflective or heavily tinted glass that obstructs views into the building.

(iv)

Spandrel glass may be used only when an architectural floorplan demonstrates that windows cannot be provided due to a limitation presented by the interior layout or functional purpose of such interior space.

(b)

Façade massing.

(i)

Offset required. Front facades and street-facing facades shall incorporate wall offsets of at least two feet in depth (projections or recesses) a minimum of every 30 feet. Each required offset shall have a minimum width of ten feet.

(ii)

Offset alternatives. The following alternatives can be used in place of the required front façade offsets:

a.

Façade color changes following the same dimensional standards as the offset requirements;

b.

Pilasters having a minimum depth of one foot, a minimum width of one foot, and a minimum height of 80 percent of the façade's height; and/or

c.

Roofline changes when coupled with correspondingly aligned façade material changes.

(c)

Material design.

(i)

A minimum of 25 percent of the materials utilized for each side facade and the rear façade shall be the same as the materials utilized for the front or street-facing façade(s).

(d)

Prohibited materials. The following materials shall be prohibited:

(i)

Metal siding in more than 50 percent of any façade when visible from a street, lands classified as CSV, A, RSF-1, RSF-3, RSF-4, RSF-6, RMH-5, RMH-P, RMF-8 or RMF-15, or lands containing existing residential uses;

(ii)

Exposed smooth finished concrete block when visible from a street, lands classified as CSV, A, RSF-1, RSF-3, RSF-4, RSF-6, RMH-5, RMH-P, RMF-8 or RMF-15, or lands containing existing residential uses; and,

(iii)

Exposed split face concrete block in more than 60 percent of any façade.

(3)

Screening of mechanical equipment. Mechanical equipment shall be fully concealed from visibility from a street, lands classified as CSV, A, RSF-1, RSF-3, RSF-4, RSF-6, RMH-5, RMH-P, RMF-8 or RMF-15, or lands containing existing residential uses.

(B)

Connections to sidewalk system.

(1)

When a sidewalk system exists within a right-of-way which is contiguous to the development, a minimum of one pedestrian connection to the sidewalk system shall be provided. On-site pedestrian circulation patterns shall be configured to provide safe and convenient access from the off-site sidewalk system to the main entrance(s) of the building(s). Sidewalks shall be constructed in accordance with Subsection 7.3.2(B), Configuration.

(C)

Interconnectivity with adjacent business uses.

(1)

All uses subject to this section shall provide interconnection with adjacent existing compatible developments through one or more of the following methods:

(a)

Through extension of a public or private street from the new development to the adjacent existing development or adjacent lands; and/or

(b)

Through joint use of driveways and cross access agreements among adjoining properties to allow circulation between sites. Cross access between new development and existing development shall be configured to provide safe and convenient interconnectivity between the new development and all other existing development located along the cross-access corridor.

6.8.3

Design standards for single tenant retail sales and service uses greater than or equal to 20,000 square feet.

(A)

Facade and material design.

(1)

Generally. All facades facing a street, lands containing existing residential uses, or vacant land classified as CSV, A, RSF-1, RSF-3, RSF-4, RSF-6, RMH-5, RMH-P, RMF-8, or RMF-15, shall be subject to the standards set forth in Subsection 6.8.3(A)(2).

(2)

Standards.

(a)

Glazing.

(i)

Glazing of the front façade in the following amounts:

a.

Thirty percent of the ground floor facade area when it faces a street or a publicly-accessible parking area which is a part of the development and consists of 15 percent or more of the development's minimum off-street parking requirement pursuant to Section 6.1.4(B);

b.

Twenty percent of the ground floor facade area when it faces any vacant land classified as CSV, A, RSF-1, RSF-3, RSF-4, RSF-6, RMH-5, RMH-P, RMF-8 or RMF-15, or lands containing existing residential uses.

(ii)

For the purposes of this section, the ground floor facade area of single-story buildings shall be calculated by measuring the applicable building wall between the finished grade and the underside of the roof of the facade. When a building wall includes a parapet, the ground floor façade area shall be calculated by measuring to the top of the parapet. For buildings with more than one story, the ground floor facade area shall be calculated by measuring the applicable building wall between the finished grade and the underside of the floor above the ground level floor.

(iii)

Windows shall not use reflective or heavily tinted glass that obstructs views into the building.

(iv)

Spandrel glass may be used only when an architectural floorplan demonstrates that windows cannot be provided due to a limitation presented by the interior layout or functional purpose of such interior space.

(v)

Glazing alternatives. The amount of glazing required pursuant to Subsection 6.8.3(A)(2)(a)(i)a. may be reduced to a minimum of 20 percent when the façade incorporates all of the following architectural elements:

a.

The use of natural brick, a natural brick product, natural stone, or a natural stone product in at least 20 percent of the façade; and

b.

Window shutters/plantation-style shutters or a canopy/portico in accordance with the following:

i.

Window shutters or plantation-style shutters which span a minimum of ten percent of the length of the façade; or

ii.

A canopy or portico which provides a covered pedestrian walkway adjacent to the façade which spans a minimum of 50 percent of the length of the facade; and

c.

Customer entrances which include no less than six of the design features provided in Subsection 6.8.3(C)(2)(d).

d.

The amount of glazing required pursuant to this subsection may be further reduced by up to five percent when the façade incorporates a corresponding increase in the percentage of natural brick, natural brick product, natural stone, or natural stone product in addition to the minimum amount required pursuant to Subsection 6.8.3(A)(2)(a)(v)a.

(b)

Facade massing.

(i)

Offset required. Front facades 60 feet wide or wider shall incorporate wall offsets of at least two feet in depth (projections or recesses) a minimum of every 40 feet. Each required offset shall have a minimum width of 20 feet.

(ii)

Offset alternatives. The following alternatives can be used in place of the required front facade offsets:

a.

Facade color changes following the same dimensional standards as the offset requirements;

b.

Pilasters having a minimum depth of one foot, a minimum width of one foot, and a minimum height of 80 percent of the facade's height; and/or

c.

Roofline changes when coupled with correspondingly aligned facade material changes.

(c)

Roof line changes.

(i)

Roof line changes shall include changes in roof planes or changes in the top of a parapet wall, such as extending the top of pilasters above the top of the parapet wall.

(ii)

When roofline changes are included on a facade that incorporates wall offsets or material or color changes, roofline changes shall be vertically aligned with the corresponding wall offset or material or color changes.

(d)

Colors. Facade colors shall be low reflectance, subtle, neutral, and/or earth tone colors, while high-intensity colors, bright colors, metallic colors, or black or fluorescent colors are prohibited.

(e)

Prohibited materials. The following materials shall be prohibited:

(i)

Metal siding and exposed smooth-finished concrete block, when visible from a street, existing single-family attached or detached dwellings, or vacant land classified as CSV, A, RSF-1, RSF-3, and RSF-4; and

(ii)

Synthetic stucco (EIFS) within two feet of the grade level and within two feet of any exterior door jamb.

(f)

Vinyl siding. Vinyl siding shall be limited to 60 percent or less of any single facade, and all vinyl siding shall have a smooth surface with no visible grained pattern.

(B)

Roofs.

(1)

Roof planes. Except for mansard roofs, cupolas and steeples, sloped roofs shall include two or more sloping roof planes with greater than or equal to one foot of vertical rise for every three feet of horizontal run, and less than or equal to one foot of vertical rise for every one foot of horizontal run.

(2)

Flat roofs. When flat roofs are used, parapet walls with three-dimensional cornice treatments shall conceal them. The cornice shall include a perpendicular projection a minimum of eight inches from the parapet facade plane.

(3)

Roof penetrations and equipment. All roof-based mechanical equipment, as well as vents, pipes, antennas, satellite dishes and other roof penetrations (with the exception of chimneys), shall be located on the rear elevations or screened with a parapet wall having a three-dimensional cornice treatment so as to have a minimal visual impact as seen from:

(a)

A street;

(b)

Vacant land classified as CSV, A, RSF-1, RSF-3, RSF-4, RSF-6, RMH-5, RMH-P, RMF-8 or RMF-15; and

(c)

Lands containing single-family detached, attached, townhouse or two- to four-family dwelling developments.

(C)

Customer entrances.

(1)

Required entrances. Each side of a building facing a street shall include at least one customer entrance, except that no large retail establishment shall be required to provide entrances on more than two sides of the structure which face streets.

(2)

Entrance design. Buildings shall have clearly-defined, highly visible customer entrances that include no less than three of the following design features:

(a)

Canopies/porticos above the entrance;

(b)

Roof overhangs above the entrance;

(c)

Entry recesses/projections;

(d)

Arcades that are physically integrated with the entrance;

(e)

Raised corniced parapets above the entrance;

(f)

Gabled roof forms or arches above the entrance;

(g)

Outdoor plaza adjacent to the entrance having seating and a minimum depth of 20 feet;

(h)

Display windows that are directly adjacent to the entrance;

(i)

Architectural details, such as tile work and moldings, that are integrated into the building structure and design and are above and/or directly adjacent to the entrance; or

(j)

Integral planters or wing walls that incorporate landscaped areas or seating areas. A wing wall is a wall secondary in scale projecting from a primary wall and not having a roof.

(D)

Off-street parking.

(1)

Location. No more than 50 percent of the required off-street parking shall be located in front of the building's primary facade. For purposes of this subsection, "in front of" shall mean the area located between the primary facade of the building as measured by extending a line perpendicular from the outermost corners of the primary facade to the property line(s) that the primary facade faces. When a large-scale retail establishment adjoins other retail space, the provisions of this section shall only apply to the portion of the building occupied by the large-scale retail establishment.

(2)

Screening. In addition to the screening requirements as set forth in Section 6.2, Tree protection and landscaping standards, off-street parking areas serving a large-scale retail establishment shall be screened in accordance with the following:

(a)

In cases where a wall or fence is provided in lieu of a continuous opaque screen of shrub material, such fence or wall shall have a minimum height of 36 inches, and be constructed of stone, brick, stucco, wood or similar material designed to resemble such materials;

(b)

Any fence or wall shall be located at least four feet from the edge of the lot line; and

(c)

All required canopy and understory/ornamental trees shall be located between the fence or wall and the edge of the street right-of-way.

(E)

Pedestrian circulation.

(1)

Sidewalks required. New large retail establishments shall provide sidewalks constructed in accordance with Subsection 7.3.2(B), Configuration, on all sides of the lot which abut a street.

(2)

Pedestrian pathways. The on-site pedestrian circulation system shall comply with the standards in Subsection 6.1.10(A), Required improvements, and Subsection 7.3.2(C), Connection.

(3)

Connection to public sidewalk system. In the case of corner lots, a connection shall be made to the sidewalk of both streets.

(4)

Distinguished from driving surfaces. All internal pedestrian walkways shall be distinguished from driving surfaces through the use of durable, low-maintenance surface materials such as pavers, bricks, or scored/stamped concrete or asphalt to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways.

(F)

Interconnectivity with adjacent business uses.

(1)

All uses subject to this section shall provide interconnection with adjacent existing compatible developments through one or more of the following methods:

(a)

Through extension of a public or private street from the new development to the adjacent existing development or adjacent lands; and/or

(b)

Through joint use of driveways and cross access agreements among adjoining properties to allow circulation between sites. Cross access between new development and existing development shall be configured to provide safe and convenient interconnectivity between the new development and all other existing development located along the cross-access corridor.

(Ord. No. 09-29, § 3(6.8.2, 6.8.3), 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)

6.9.1

Purpose. The purpose of this section is to ensure development in the City is designed and arranged to protect environmentally sensitive areas on the site and in the vicinity of the site and to locate development, where possible, in areas that do not have environmental limitations. This section implements the policies contained in the Comprehensive Plan and is intended to promote, preserve, and enhance the important hydrologic, biological, ecological, aesthetic, recreational, and educational functions that waterways, drainage systems, wetlands, natural groundwater aquifer recharge areas, and groundwater provide.

6.9.2

Applicability. Unless otherwise specifically exempted elsewhere in this section, all development shall comply with the standards of this section at time of site plan (Section 2.4.9), subdivision (Section 2.4.10), or building permit, whichever occurs first.

6.9.3

Stormwater management standards.

(A)

Purpose. This subsection establishes design and performance standards for stormwater management systems. Its purpose is to ensure stormwater management systems are established that minimize flooding, minimize erosion and sedimentation, protect and enhance water resources, and where possible, preserve natural features.

(B)

Compliance with applicable State and Water Management District regulations. In addition to compliance with the standards of this subsection, development shall also comply with applicable State and Suwannee River Water Management District (SRWMD) regulations. In all cases, the strictest of the applicable standards shall apply.

(C)

Exemptions.

(1)

Generally. The following development is exempt from the standards of this Subsection 6.9.3:

(a)

The clearing of land that is to be used solely for agriculture, silviculture, floriculture or horticulture, provided no obstruction or impoundment of surface water will take place.

(b)

The construction, maintenance and operation of self-contained agricultural drainage systems, provided adjacent properties will not be impacted and sound engineering practices are followed.

(c)

The construction, alteration or maintenance of a private residence or agricultural building, provided the total impervious area is less than 10,000 square feet (i.e., house, barn, driveways), and provided further that the residence or agricultural building is not adjacent to an outstanding Florida water or adjacent to or drains into a surface water body, canal or stream, or empties into a sinkhole.

(d)

The connection of a system to an existing permitted system, provided the existing system has been designed to accommodate the proposed system.

(e)

The placement of culverts whose sole purpose is to convey sheet flow when an existing facility is being repaired or maintained, provided the culvert is not placed in a stream or wetland.

(f)

Existing systems that are operated and maintained properly and pose no threat to public health and safety.

(g)

Connections to existing surface water management systems that are owned, operated, and maintained by a public entity, provided under ordinance, the proposed connections comply with a surface water management plan compatible with the SRWMD's requirements.

(h)

Any development within a subdivision if each of the following conditions have been met:

(i)

Stormwater management provisions for the subdivision were previously approved and remain valid as part of a final plat or development plan; and

(ii)

The development is conducted in accordance with the stormwater management provisions submitted with the construction plan.

(i)

Action taken under emergency conditions to prevent imminent harm or danger to persons, or to protect property from imminent fire, violent storms, hurricanes, or other hazards. A report of the emergency action shall be made to the City Commission and SRWMD as soon as practicable.

(2)

Development discharging into outstanding Florida waters. Any development exempt as cited above, that is directly discharged into an outstanding Florida water shall include an additional level of treatment equal to the runoff of the first 1.5 inches of rainfall from the design storm consistent with Chapter 62-25.025(9), Florida Administrative Code, in effect upon adoption of the Comprehensive Plan, in order to meet the receiving water quality standards of Chapter 62-302, Florida Administrative Code. Stormwater discharge facilities shall be designed so as not to lower the receiving water quality below the minimum condition necessary to ensure the suitability of water for the designated use of its classification as established in Chapter 62-302, Florida Administrative Code, in effect upon adoption of the City's Comprehensive Plan.

(3)

Development draining into surface water, canal, stream or sinkhole. In addition, steps to control erosion and sedimentation must be taken for all development, including exempt development as cited above, that is adjacent to or drains into a surface water, canal, or stream, or that empties into a sinkhole, by first allowing the runoff to enter a grassed swale or other conveyance designed to percolate 80 percent of the runoff from a three-year, one-hour design storm within 72 hours after a storm event.

(D)

Stormwater management standards.

(1)

Generally. Development shall be constructed and maintained so that post-development runoff rates and pollutant loads do not exceed predevelopment conditions. While development is underway and after it is completed, the characteristics of stormwater runoff shall approximate the rate, volume, quality, and timing of stormwater runoff that occurred under the site's natural unimproved or existing state, except that the first one-half inch of stormwater runoff shall be treated in an off line retention system or according to other best management practices as described in the SRWMD's Surface Water Management Permitting Manual, as amended. In addition no development shall be constructed or maintained so that:

(a)

Such development impedes the natural flow of water from higher adjacent properties across the development, which could cause substantial damage to such adjacent lands of higher elevation; and

(b)

Stormwater from the development is collected and channeled onto adjacent lands of lower elevation.

(2)

Natural drainage system. To the extent practicable, all development shall conform to the natural contours of the land. In addition, natural and preexisting manmade drainageways shall remain undisturbed.

(3)

Lot boundaries. To the extent practicable, lot boundaries shall be made to coincide with natural and preexisting manmade drainageways within subdivisions to avoid the creation of lots that can be built upon only by altering such drainageways.

(4)

Developments to drain properly. Development shall be provided with a drainage system that is adequate to prevent the undue retention of stormwater on the development site. Stormwater shall not be regarded as unduly retained if the retention:

(a)

Results from a technique, practice or device, deliberately installed as part of a sedimentation or stormwater runoff control plan approved by the SRWMD; or

(b)

Is not substantially different in location or degree than that experienced by the development site in its predevelopment stage, unless such retention presents a danger to health or safety.

(5)

Sedimentation and erosion control. Final plat approval for subdivisions may not be given with respect to any development that would cause land disturbing activity, subject to the jurisdiction of the SRWMD, unless the district has certified to the City, either that:

(a)

The proposed construction plans are approved for permitting by the SRWMD; or

(b)

The SRWMD has examined the preliminary plat for the subdivision and it reasonably appears that permits for such subdivision improvements can be approved, upon submission of the subdivider of construction plans. However in this case, construction of the development may not begin until the SRWMD issues its permit.

(6)

Water quality.

(a)

The proposed development will not violate the water quality standards as set forth in Chapter 62-3, Florida Administrative Code.

(b)

Facilities that directly discharge into an Outstanding Florida Water shall include an additional level of treatment equal to the runoff of the first 1.5 inches of rainfall from the design storm consistent with Chapter 62-25.025(9), Florida Administrative Code, in effect upon adoption of the Comprehensive Plan, in order to meet the receiving water quality standards of Chapter 62-302, Florida Administrative Code, in effect upon adoption of the Comprehensive Plan. Stormwater discharge facilities shall be designed so as not to lower the receiving water quality below the minimum conditions necessary to ensure the suitability of water for the designated use of its classification as established in Chapter 62-302, Florida Administrative Code, in effect upon adoption of the Comprehensive Plan.

(7)

Design standards. To comply with the foregoing standards, the proposed stormwater management system shall conform to the following:

(a)

Detention and retention systems shall be designed in conformance with the SRWMD's Surface Water Management Permitting Manual, as amended.

(b)

Natural systems shall be used to accommodate stormwater, to the maximum extent practicable.

(c)

The proposed stormwater management system shall be designed to accommodate the stormwater that both originates within the development and the stormwater that flows onto or across the development from adjacent lands.

(d)

The proposed stormwater management system shall be designed to function properly for a minimum 20-year life.

(e)

Design and construction of the proposed stormwater management system shall be certified as meeting the requirements of these LDRs and the SRWMD's Surface Water Permitting Manual, as amended, by a professional engineer, architect or landscape architect, registered in the State of Florida.

(f)

No stormwater may be channeled or directed into a sanitary sewer.

(g)

The proposed stormwater management system shall coordinate with and connect to the drainage systems or drainageways on surrounding properties or roads, whenever practicable.

(h)

Use of drainage swales rather than curb and gutter and storm sewers in subdivision is provided for in Article 7, Subdivision Standards. Private roads and access ways within unsubdivided developments shall utilize curb and gutter and storm drains to provide adequate drainage if the grade of such roads or access ways is too steep to provide drainage in another manner or if other sufficient reasons exist to require such construction.

(i)

Stormwater management systems shall be designed and constructed to provide retention of runoff volumes such that the peak discharge from the developed site shall note exceed the equivalent peak discharge from the natural or undeveloped site.

(j)

The City Commission may require any water retention areas to be fenced and screened by trees and/or shrubs.

(k)

In areas where high groundwater and other conditions exist, subsurface drainage facilities shall be installed. If a wearing surface (see Article 7, Subdivision Standards) and subsurface drainage facilities are required, all subsurface drainage facilities shall be installed by the subdivider prior to the paving of the street.

(l)

All required improvements shall be installed to maintain natural watercourses.

(m)

Construction specifications for drainage swales, curbs and gutters are contained in Article 7, Subdivision Standards.

(n)

The banks of detention and retention areas shall be sloped to accommodate plantings, and shall be planted with vegetation that will maintain the integrity of the bank.

(o)

Dredging, clearing of vegetation, deepening, widening, straightening, stabilizing or otherwise altering natural surface waters shall be minimized.

(p)

Natural surface water shall not be used as sediment traps during or after development.

(q)

For aesthetic reasons, the shorelines of detention and retention areas shall be curving rather than straight.

(r)

Water reuse and conservation shall, to the maximum extent practicable, be achieved by incorporating the stormwater management system into irrigation systems serving the development, if any.

(s)

Vegetated buffers of sufficient width to prevent erosion shall be retained or created along the shores, banks or edges of all natural or manmade surface waters.

(t)

In phased developments, the stormwater management system for each integrated stage of completion shall be capable of functioning independently as required by these LDRs.

(u)

All detention and retention basins, except natural water bodies used for this purpose, shall be accessible for maintenance from streets or public rights-of-way.

(E)

Dedication and maintenance of stormwater management systems.

(1)

Dedication. If a stormwater management system, that complies with this Subsection 6.9.3, is proposed to function as an integral part of the City's Stormwater Management System, the facilities may be dedicated to the City in a form recommended by the City Attorney and approved by the City Commission.

(2)

Maintenance by an acceptable entity. All stormwater management systems that are not dedicated to the City shall be operated and maintained by one of the following entities:

(a)

A local governmental unit including a school board, special district or other governmental unit.

(b)

A regional water management agency or an active water control district created pursuant to F.S. ch. 298 or drainage district created by special act, or special assessment district created pursuant to F.S. ch. 170.

(c)

A State or Federal agency.

(d)

An officially franchised, licensed or approved communication, water, sewer, electrical or other public utility.

(e)

The property owner or developer, if:

(i)

Written proof is provided through either a letter or resolution, that a governmental entity as set forth in Subsections 6.9.3(E)(2)(a) through (c) of this section, will accept the operation and maintenance of the stormwater management and discharge facility at a time certain in the future.

(ii)

A surety bond or other assurance of continued financial capacity to operate and maintain the system is submitted and approved by the City Commission. The developer shall maintain and repair all improvements that these stormwater management standards require the developer to construct. The developer shall post a maintenance bond to cover at least ten percent of the estimated costs of all required stormwater improvements for a period of not less than three years

(f)

For-profit or nonprofit corporations, including homeowners' associations, property owners' associations, condominium owners' associations or master associations, if:

(i)

The owner or developer submits documents constituting legal capacity and a binding legal obligation between the entity and the City in which the entity affirmatively takes responsibility for the operation and maintenance of the stormwater management facility.

(ii)

If an association is used, the association has sufficient powers reflected in its organizational or operational documents to:

a.

Operate and maintain the stormwater management system, as permitted by the SRWMD;

b.

Establish rules and regulations;

c.

Assess members;

d.

Contract for services; and

e.

Exist perpetually, with the articles of incorporation, providing that if the association is dissolved, the stormwater management system will be maintained by an acceptable entity as described in this Subsection 6.9.3(E)(2).

(3)

Phased projects.

(a)

If a development project is to be constructed in phases and subsequent phases will use the same stormwater management systems as the initial phase or phases, the operation/maintenance entity shall have the ability to accept responsibility for the operation and maintenance of the stormwater management systems of future phases of the project.

(b)

In phased developments that have an integrated stormwater management system, but employ independent operation/maintenance entities for different phases, the operation/maintenance entities, either separately or collectively, shall have the responsibility and authority to operate and maintain the stormwater management system for the entire project. That authority shall include cross easements for stormwater management and the authority and ability of each entity to enter and maintain all facilities, should any entity fail to maintain a portion of the stormwater management system within the project.

(4)

Applicant as responsible entity. The applicant shall be an acceptable entity and shall be responsible for the operation and maintenance of the stormwater management system from the time construction begins until the stormwater management system is dedicated to and accepted by another acceptable entity.

6.9.4

Floodprone area standards.

(A)

General.

(1)

Title. This subsection shall be known as the Floodprone Area Standards of the City of Alachua, hereinafter referred to as "these regulations," "this subsection," or "Section 6.9.4."

(2)

Scope. The provisions of this subsection shall apply to all development that is wholly within or partially within any flood hazard area, including but not limited to the subdivision of land: filling, grading, and other site improvements and utility installations; construction, alteration, remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the Florida Building Code, as amended; placement, installation, or replacement of manufactured homes and manufactured buildings; installation or replacement of tanks; placement of recreational vehicles; installation of swimming pools; and any other development. Section 6.9.4(J)(1) and Section 6.9.4 (K)(4) shall apply to areas outside of the flood hazard area established in Section 6.9.4(B)(3).

(3)

Purpose. The purposes of this subsection and the flood load and flood resistant construction requirements of the Florida Building Code, as amended, are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to:

(a)

Minimize unnecessary disruption of commerce, access and public service during times of flooding;

(b)

Require the use of appropriate construction practices in order to prevent or minimize future flood damage;

(c)

Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential;

(d)

Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain;

(e)

Minimize damage to public and private facilities and utilities;

(f)

Help maintain a stable tax base by providing for the sound use and development of flood hazard areas;

(g)

Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events;

(h)

Meet the requirements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22;

(i)

Protect the hydraulic characteristics of the small watercourses, including gulches, sloughs and artificial water channels used for conveying floodwaters; and

(j)

Protect individuals from purchasing flood prone lands for purposes that are not suitable.

(4)

Coordination with the Florida Building Code. This subsection is intended to be administered and enforced in conjunction with the Florida Building Code, as amended. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the Florida Building Code, as amended.

(5)

Warning. The degree of flood protection required by this subsection and the Florida Building Code, as amended by the City and from time-to-time, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. This subsection does not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency ("FEMA"), requiring the City to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this subsection.

(6)

Disclaimer of Liability. This subsection shall not create liability on the part of the City Commission of the City of Alachua or by any officer or employee thereof for any flood damage that results from reliance on or compliance with this subsection or any administrative decision lawfully made thereunder.

(B)

Applicability.

(1)

General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

(2)

Areas to which this subsection applies. This subsection shall apply to all flood hazard areas within the City of Alachua, as established in Section 6.9.4(B)(3).

(3)

Basis for establishing flood hazard areas. The Flood Insurance Study for Alachua County, Florida and Incorporated Areas dated June 16, 2006, and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this subsection and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file in the Planning and Community Development Department.

(4)

Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to Section 6.9.4(E) the Floodplain Administrator may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the City indicates that ground elevations:

(a)

Are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of this subsection and, as applicable, the requirements of the Florida Building Code, as amended.

(b)

Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard area unless the owner or owner's authorized agent (the "applicant") obtains a letter of map change that removes the area from the special flood hazard area.

(5)

Other laws. The provisions of this subsection shall not be deemed to nullify any provisions of local, state or federal law.

(6)

Abrogation and greater restrictions. These regulations supersede any ordinances or regulations previously in effect for management of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances including but not limited to these LDRs, zoning ordinances, stormwater management regulations, or the Florida Building Code, as amended. In the event of a conflict between the requirements of this subsection and any other ordinances, the more restrictive shall govern. These regulations shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this subsection.

(7)

Interpretation. In the interpretation and application of this subsection, all provisions shall be:

(a)

Considered as minimum requirements;

(b)

Liberally construed in favor of the governing body; and

(c)

Deemed neither to limit nor repeal any other powers granted under state statutes.

(C)

Duties and powers of the floodplain administrator.

(1)

Designation. The LDR Administrator is designated as the Floodplain Administrator. The Floodplain Administrator may delegate performance of certain duties to other employees.

(2)

General. The Floodplain Administrator is authorized and directed to administer and enforce the provisions of this subsection. The Floodplain Administrator shall have the authority to render interpretations of this subsection consistent with the intent and purpose of this subsection and may establish policies and procedures in order to clarify the application of its provisions. Such interpretations shall be made pursuant to Section 2.4.19, Interpretation by LDR Administrator. Such interpretations, policies, and procedures shall not have the effect of waiving requirements specifically provided in this subsection without the granting of a floodplain development variance pursuant to Section 6.9.4(G).

(3)

Applications, permits, and approvals. The Floodplain Administrator, in coordination with other pertinent offices of the City, shall:

(a)

Review applications and plans to determine whether proposed new development will be located in flood hazard areas;

(b)

Review applications for modification of any existing development in flood hazard areas for compliance with the requirements of this subsection;

(c)

Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries; a person contesting the determination shall have the opportunity to appeal the interpretation;

(d)

Provide available flood elevation and flood hazard information;

(e)

Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant;

(f)

Review applications to determine whether proposed development will be reasonably safe from flooding;

(g)

Issue floodplain development permits or approvals for development other than buildings and structures that are subject to the Florida Building Code, as amended, including buildings, structures and facilities exempt from the Florida Building Code, as amended, when compliance with this subsection is demonstrated, or disapprove the same in the event of noncompliance; and

(h)

Coordinate with and provide comments to the Building Official to assure that applications, plan reviews, and inspections for buildings and structures in flood hazard areas comply with the applicable provisions of this subsection.

(4)

Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall:

(a)

Estimate the market value of the building or structure using the building value less any miscellaneous improvements or accessory structures from the appraised value as assessed by the Alachua County Property Appraiser's office, plus 20 percent before the start of construction of the proposed work, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made;

(b)

Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure. Upon the request of the Floodplain Administrator, the applicant shall provide a detailed valuation of all labor and materials for the construction project and all costs necessary to evaluate the substantial improvement and substantial damage requirements;

(c)

Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and

(d)

Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the Florida Building Code, as amended, and this subsection is required.

(5)

Modifications of the strict application of the requirements of the Florida Building Code. The Floodplain Administrator shall review requests submitted to the Building Official that seek approval to modify the strict application of the flood load and flood resistant construction requirements of the Florida Building Code, as amended, to determine whether such requests require the granting of a floodplain development variance pursuant to Section 6.9.4(G).

(6)

Notices and orders. The Floodplain Administrator shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to ensure compliance with this subsection.

(7)

Inspections. The Floodplain Administrator shall make the required inspections as specified in Section 6.9.4(F) for development that is not subject to the Florida Building Code, as amended, including buildings, structures and facilities exempt from the Florida Building Code, as amended. The Floodplain Administrator shall inspect flood hazard areas to determine if development is undertaken without issuance of a permit.

(8)

Other duties of the Floodplain Administrator. The Floodplain Administrator shall have other duties, including but not limited to:

(a)

Establish, in coordination with the Building Official, procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 6.9.4(C)(4);

(b)

Require that applicants proposing alteration of a watercourse notify adjacent communities and the Florida Division of Emergency Management, State Floodplain Management Office, and submit copies of such notifications to FEMA;

(c)

Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps if the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available;

(d)

Review required design certifications and documentation of elevations specified by this subsection and the Florida Building Code, as amended, to determine that such certifications and documentations are complete; and

(e)

Notify FEMA when the corporate boundaries of the City of Alachua are modified, stopped here.

(9)

Floodplain management records. Regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this subsection and the flood resistant construction requirements of the Florida Building Code, as amended, including Flood Insurance Rate Maps; Letters of Map Change; records of issuance of permits or approval and denial of permits or approvals; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation of elevations specified by the Florida Building Code, as amended, and this subsection; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances from floodplain development requirements, including justification for issuance or denial; and records of enforcement actions taken pursuant to this subsection and the flood resistant construction requirements of the Florida Building Code, as amended. These records shall be available for public inspection in the Planning and Community Development Department.

(D)

Permits or approvals.

(1)

Permits or approvals required. Any applicant who intends to undertake any development activity within the scope of this subsection, including buildings, structures and facilities exempt from the Florida Building Code, as amended, which is wholly within or partially within any flood hazard area shall first make application to the Floodplain Administrator, and the Building Official if applicable, and shall obtain the required permit(s) or approval(s). No such permit or approval shall be issued until compliance with the requirements of this subsection and all other applicable codes and regulations has been satisfied.

(2)

Floodplain development permits or approvals. Floodplain development permits or approvals shall be issued pursuant to this subsection for any development activities not subject to the requirements of the Florida Building Code, as amended, including buildings, structures and facilities exempt from the Florida Building Code, as amended. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit.

(3)

Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development permits or approvals shall be required for the following buildings, structures and facilities that are exempt from the Florida Building Code, as amended, and any further exemptions provided by law, which are subject to the requirements of this subsection:

(a)

Railroads and ancillary facilities associated with the railroad;

(b)

Nonresidential farm buildings on farms, as provided in Section 604.50, Florida Statutes;

(c)

Temporary buildings or sheds used exclusively for construction purposes;

(d)

Mobile or modular structures used as temporary offices;

(e)

Those structures or facilities of electric utilities, as defined in F.S. § 366.02, which are directly involved in the generation, transmission, or distribution of electricity;

(f)

Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non-wood features;

(g)

Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete;

(h)

Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system; or

(i)

Structures identified in F.S. § 553.73(10)(k), are not exempt from the Florida Building Code, as amended, if such structures are located in flood hazard areas established on Flood Insurance Rate Maps.

(4)

Application for a permit or approval. To obtain a floodplain development permit or approval the applicant shall first file an application in writing on a form furnished by the City. The information provided shall:

(a)

Identify and describe the development to be covered by the permit or approval.

(b)

Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site.

(c)

Indicate the use and occupancy for which the proposed development is intended.

(d)

Be accompanied by a site plan or construction documents as specified in Section 6.9.4(E).

(e)

State the valuation of the proposed work.

(f)

Be signed by the applicant.

(g)

Give such other data and information as required by the Floodplain Administrator.

(5)

Validity of permit or approval. The issuance of a floodplain development permit or approval for development located in a flood hazard area pursuant to this subsection shall not be construed to be a permit for, or approval of, any violation of this subsection, the Florida Building Code, as amended, or any other ordinances or regulations of the City. The issuance of permits or approvals based on submitted applications, construction documents, and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions.

(6)

Expiration. Approval for development located in a flood hazard area shall become invalid unless the work authorized by such permit or approval is commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions for periods of not more than 180 days each shall be submitted to the LDR Administrator in writing and good cause shall be demonstrated.

(7)

Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a floodplain development permit or approval if the permit or approval was issued in error, on the basis of incorrect, inaccurate or incomplete information, or in violation of this subsection or any other ordinance, regulation or requirement of the City.

(8)

Other permits or approvals required. Floodplain development permits or approvals shall include a condition that all other applicable state or federal permits be obtained before commencement of the permitted development, including but not limited to the following:

(a)

The Suwannee River Water Management District; F.S. § 373.036.

(b)

Florida Department of Health for onsite sewage treatment and disposal systems; F.S. § 381.0065, and Chapter 64E-6, Florida Administrative Code.

(c)

Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; F.S. § 161.055.

(d)

Florida Department of Environmental Protection for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act.

(e)

Federal permits and approvals.

(E)

Site plans and construction documents.

(1)

Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of this subsection shall be drawn to scale and shall include, as applicable to the proposed development:

(a)

Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations if necessary for review of the proposed development.

(b)

Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section 6.9.4(E)(2)(b) or Section 6.9.4(E)(2)(c).

(c)

Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than five acres and the base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Section 6.9.4(E)(2)(a).

(d)

Location of the proposed activity and proposed structures, and locations of existing buildings and structures.

(e)

Location, extent, amount, and proposed final grades of any filling, grading, or excavation.

(f)

Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose.

(g)

Existing and proposed alignment of any proposed alteration of a watercourse.

(h)

The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this subsection but that are not required to be prepared by a registered design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this subsection.

(2)

Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain Administrator shall:

(a)

Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices.

(b)

Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source, such as the U.S. Army Corps of Engineers or the Suwannee River Water Management District, or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source.

(c)

Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the Floodplain Administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate:

i.

Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices; or

ii.

Specify that the base flood elevation is four feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two feet.

iii.

Where the base flood elevation data are to be used to support a letter of map change from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees.

(3)

Additional analyses and certifications. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall submit the following analyses signed and sealed by a Florida licensed engineer at such time the site plan and construction documents are submitted to the City:

(a)

For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 6.9.4(E)(4) and shall submit the conditional letter of map revision, if issued by FEMA, with the site plan and construction documents.

(b)

For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the Flood Insurance Study or on the FIRM and floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one foot at any point within the City. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.

(c)

For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood-carrying capacity; the applicant shall submit the analysis to FEMA as specified in Section 6.9.4(E)(4).

(4)

Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida licensed engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant.

(F)

Inspections.

(1)

General. Development for which a floodplain development permit or approval is required shall be subject to inspection.

(2)

Development other than buildings and structures. The Floodplain Administrator shall inspect all development to determine compliance with the requirements of this subsection and the conditions of issued floodplain development permits or approvals.

(3)

Buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect buildings, structures and facilities exempt from the Florida Building Code, as amended, to determine compliance with the requirements of this subsection and the conditions of issued floodplain development permits or approvals.

(4)

Buildings, structures and facilities exempt from the Florida Building Code, lowest floor inspection. Upon placement of the lowest floor, including basement, and prior to further vertical construction, the owner of a building, structure or facility exempt from the Florida Building Code, as amended, or the owner's authorized agent, shall submit to the Floodplain Administrator:

(a)

If a design flood elevation was used to determine the required elevation of the lowest floor, the certification of elevation of the lowest floor prepared and sealed by a Florida licensed professional surveyor; or

(b)

If the elevation used to determine the required elevation of the lowest floor was determined in accordance with Section 6.9.4(E)(2)(c)(ii), the documentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the owner's authorized agent.

(5)

Buildings, structures and facilities exempt from the Florida Building Code, final inspection. As part of the final inspection, the owner or owner's authorized agent shall submit to the Floodplain Administrator a final certification of elevation of the lowest floor or final documentation of the height of the lowest floor above the highest adjacent grade; such certifications and documentations shall be prepared as specified in Section 6.9.4(F)(4).

(6)

Manufactured homes. The Floodplain Administrator shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of this subsection and the conditions of the issued permit or approval. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted to the Floodplain Administrator.

(G)

Floodplain development variances and appeals.

(1)

General. The Board of Adjustment shall hear and decide on requests for appeals and requests for variances from the strict application of this subsection. Pursuant to F.S. § 553.73(5), the Board of Adjustment shall hear and decide on requests for appeals and requests for variances from the strict application of the flood resistant construction requirements of the Florida Building Code, as amended.

(2)

Appeals. The Board of Adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the administration and enforcement of this subsection. Any person aggrieved by the decision may appeal such decision to the Circuit Court, as provided by Florida Statutes.

(3)

Limitations on authority to grant floodplain development variances. The Board of Adjustment shall base its decisions on floodplain development variances on technical justifications submitted by applicants, the considerations for issuance in Section 6.9.4(G)(7), the conditions of issuance set forth in Section 6.9.4(G)(8), and the comments and recommendations of the Floodplain Administrator and the Building Official. The Board of Adjustment has the right to attach such conditions as it deems necessary to further the purposes and objectives of this subsection.

(4)

Restrictions in floodways. A floodplain development variance shall not be issued for any proposed development in a floodway if any increase in base flood elevations would result, as evidenced by the applicable analyses and certifications required in Section 6.9.4(E)(3).

(5)

Historic buildings. A floodplain development variance may be granted for the repair, improvement, or rehabilitation of a historic building that is determined eligible for the exception to the flood resistant construction requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings, as amended, upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the building's continued designation as a historic building and the floodplain development variance is the minimum necessary to preserve the historic character and design of the building. If the proposed work precludes the building's continued designation as a historic building, a floodplain development variance shall not be granted and the building and any repair, improvement, and rehabilitation shall be subject to the requirements of the Florida Building Code, as amended.

(6)

Functionally dependent uses. A floodplain development variance may be granted for the construction or substantial improvement necessary for the conduct of a functionally dependent use, as defined in this subsection, provided the floodplain development variance meets the requirements of Section 6.9.4(G)(4), is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood.

(7)

Standards for issuance of floodplain development variances. In reviewing requests for floodplain development variances, the Board of Adjustment shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, as amended, this subsection, and the following:

(a)

The danger that materials and debris may be swept onto other lands resulting in further injury or damage;

(b)

The danger to life and property due to flooding or erosion damage;

(c)

The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners;

(d)

The importance of the services provided by the proposed development to the City;

(e)

The availability of alternate locations for the proposed development that are subject to lower risk of flooding or erosion;

(f)

The compatibility of the proposed development with existing and anticipated development;

(g)

The relationship of the proposed development to the comprehensive plan and floodplain management program for the area;

(h)

The safety of access to the property in times of flooding for ordinary and emergency vehicles;

(i)

The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

(j)

The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges.

(8)

Conditions for issuance of floodplain development variances. Floodplain development variances shall be issued only upon all of the following conditions being met:

(a)

Submission by the applicant, of a showing of good cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of this subsection or the required elevation standards;

(b)

Determination and finding by the Board of Adjustment that the standards for issuance of a floodplain development permit or approval provided in Section 6.9.4(G)(7) cannot be met, and that:

i.

Failure to grant the floodplain development variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvenience do not constitute hardship;

ii.

The granting of a floodplain development variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and ordinances; and

iii.

The floodplain development variance is the minimum necessary, considering the flood hazard, to afford relief;

(c)

Receipt of a signed statement by the applicant that the floodplain development variance, if granted, shall be recorded in the Office of the Clerk of the Court, and the recording fees incurred by the applicant, in such a manner that it appears in the chain of title of the affected parcel of land; and

(d)

If the request is for a floodplain development variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, a copy in the record of a written notice from the Floodplain Administrator to the applicant for the floodplain development variance, specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as $25.00 for $100.00 of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property.

(H)

Violations.

(1)

Violations. Any development that is not within the scope of the Florida Building Code, as amended, but that is regulated by this subsection that is performed without an issued permit or approval, that is in conflict with an issued permit or approval, or that does not fully comply with this subsection, shall be deemed a violation of this subsection. A building or structure without the documentation of elevation of the lowest floor, other required design certifications, or other evidence of compliance required by this subsection or the Florida Building Code, as amended is presumed to be a violation until such time as that documentation is provided.

(2)

Authority. For development that is not within the scope of the Florida Building Code, as amended, but that is regulated by this subsection and that is determined to be a violation, the Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of the property involved, to the owner's agent, or to the person or persons performing the work.

(3)

Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by law.

(4)

Enforcement, remedies, and penalties. Any violations of this subsection shall be subject to the enforcement, remedies, and penalties as set forth in Article 9 of these LDRs.

(I)

Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to Section 6.9.4(D)(3), buildings, structures, and facilities that are exempt from the Florida Building Code, as amended, including substantial improvement or repair of substantial damage of such buildings, structures and facilities, shall be designed and constructed in accordance with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt from the Florida Building Code, as amended, that are not walled and roofed buildings shall comply with the requirements of Section 6.9.4(O).

(J)

Subdivisions.

(1)

Minimum requirements. Subdivision proposals, including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that all of the following are met:

(a)

No building or structure shall not be located in flood hazard areas where other alternatives for the location of such structures exist on the site;

(b)

Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding;

(c)

All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage;

(d)

Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures; and

(e)

In any area outside of the flood hazard area where a perennial watercourse is present, no building or fill shall be located within a distance of the stream bank equal to five times the width of the watercourse at the top of the bank or 35 feet, whichever is greater.

(2)

Subdivision plats. Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required:

(a)

Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on preliminary plats and final plats;

(b)

Where the subdivision has more than 50 lots or is larger than five acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with Section 6.9.4(E)(2)(a);

(c)

The elevation of proposed structures and pads;

(d)

If the site is filled above the base flood elevation, the final pad elevation shall be certified by a Florida licensed professional surveyor;

(e)

Compliance with the site improvement and utilities requirements of Section 6.9.4(K); and

(f)

The following flood hazard warning is displayed on the plat: "FLOOD HAZARD WARNING: This property may be subject to flooding. You should contact the City LDR Administrator and obtain the latest information about flood elevations and restrictions before making plans for the use of this land."

(K)

Site improvements, utilities and limitations.

(1)

Minimum requirements. All proposed new development shall be reviewed to determine that all of the following are met:

(a)

No building or structure shall be located in flood hazard areas where other alternatives for the location of such structures exist on the site;

(b)

Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding;

(c)

All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and

(d)

Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures.

(2)

Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems), and on-site waste disposal systems shall be designed in accordance with the standards for onsite sewage treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems.

(3)

Water supply facilities. All new and replacement water supply facilities shall be designed in accordance with the water well construction standards in Chapter 62-532.500, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems.

(4)

Encroachment limitations. In flood hazard areas without base flood elevations (approximate Zone A), no encroachments including fill material and structures shall be located within a distance of the stream bank equal to five times the width of the watercourse at the top of the bank or 35 feet for all perennial watercourses, whichever is greater. In any area outside of a flood hazard area (Zone B, C, or X) where a perennial water course is present, no building or fill shall be located within a distance of the bank equal to 35 feet.

(5)

Limitations on sites in regulatory floodways. No development, including but not limited to site improvements, and land disturbing activity involving fill or regrading, shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in Section 6.9.4(E)(3)(a) demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation.

(6)

Limitations on placement of fill. Subject to the limitations of this subsection, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, if intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the Florida Building Code, as amended.

(L)

Manufactured homes.

(1)

General. All manufactured homes permitted in flood hazard areas shall be installed by an installer that is licensed pursuant to F.S. § 320.8249, and shall comply with the requirements of Chapter 15C-1, F.A.C. and the requirements of this subsection.

(2)

Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that are designed in accordance with the foundation requirements of the Florida Building Code Residential Section R322.2, as amended, and this subsection. Foundations for manufactured homes subject to Section 6.9.4(L)(6) are permitted to be reinforced piers or other foundation elements of at least equivalent strength.

(3)

Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame ties to ground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for wind resistance.

(4)

Elevation. Manufactured homes that are placed, replaced, or substantially improved shall comply with Section 6.9.4(L)(5) or Section 6.9.4(L)(6), as applicable.

(5)

General elevation requirement. Unless subject to the requirements of Section 6.9.4(L)(6), all manufactured homes that are placed, replaced, or substantially improved shall be elevated such that the bottom of the frame is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A), as amended on sites located:

(a)

In an expansion to an existing manufactured home park or subdivision; or

(b)

In an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood.

(6)

Elevation requirement for certain existing manufactured home parks and subdivisions. Manufactured homes that are not subject to Section 6.9.4(L)(5), including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as result of flooding has occurred, shall be elevated such that either the:

(a)

Bottom of the frame of the manufactured home is at or above the elevation required in the Florida Building Code, Residential Section R322.2 (Zone A), as amended; or

(b)

Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade.

(7)

Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential Section R322.2, as amended, for such enclosed areas.

(8)

Utility equipment. Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the Florida Building Code, Residential Section R322, as amended.

(M)

Recreational vehicles and park trailers.

(1)

Temporary placement. Recreational vehicles and park trailers placed temporarily in flood hazard areas shall:

(a)

Be on the site for fewer than 180 consecutive days; or

(b)

Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanent attachments such as additions, rooms, stairs, decks and porches.

(2)

Permanent placement. Recreational vehicles and park trailers that do not meet the limitations in Section 6.9.4(M)(1) for temporary placement shall meet the requirements of Section 6.9.4(L) for manufactured homes.

(N)

Tanks.

(1)

Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty.

(2)

Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation requirements of Section 6.9.4(N)(3) shall be permitted in flood hazard areas provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood-borne debris.

(3)

Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be attached to and elevated to or above the design flood elevation on a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard area.

(4)

Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:

(a)

At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and

(b)

Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood.

(O)

Other development.

(1)

General requirements for other development. All development, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in this subsection or the Florida Building Code, as amended, shall:

(a)

Be located and constructed to minimize flood damage;

(b)

Meet the limitations of Section 6.9.4(K)(5) if located in a regulated floodway;

(c)

Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood;

(d)

Be constructed of flood damage-resistant materials; and,

(e)

Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for wet locations.

(2)

Residential accessory structures. The anchoring requirements of Section 6.9.4(O)(1) may be satisfied by bolting the structure to a concrete slab or by over-the-top ties. When bolted to a concrete slab, one-half inch bolts shall be installed six feet on center, with a minimum of two bolts per side, with a force adequate to secure the structure.

(3)

Fences in regulated floodways. Fences in regulated floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section 6.9.4(K)(5).

(4)

Retaining walls, sidewalks and driveways in regulated floodways. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of Section 6.9.4(K)(5).

(5)

Roads and watercourse crossings in regulated floodways. Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulated floodways shall meet the limitations of Section 6.9.4(K)(5). Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of Section 6.9.4(E)(3)(c).

6.9.5

Wetlands standards.

(A)

Purpose. The purpose of this subsection is to promote, preserve and enhance the important hydrologic, biological, ecological, aesthetic, recreational and educational functions that wetlands and associated riparian areas provide to the City.

(B)

Standards generally. There shall be no development or dredging and filling activity that alters the natural function of wetlands, if a development alternative exists under these LDRs that allows the clustering of development to the nonwetland portion of a site. If no such alternative exists, development of the site may occur that only minimally impacts wetlands. Such development shall comply with the following standards:

(1)

Residential development at one dwelling unit per five acres. Residential development may occur at up to one unit per five acres, if:

(a)

Residences and any accessory structures are built on pilings of sufficient height to exceed by one foot the highest recorded flood level in the wetland. If there is no flood data available, residences and any accessory structures shall be built at least two feet above the highest seasonal water level.

(b)

Clearing or removal of native vegetation shall not exceed one-half acre per five acres. If dwelling units are clustered, a density of one dwelling unit per five acres shall be maintained on site, and clearing or removal of native vegetation shall not exceed a total of one-quarter acre for each five-acre area. Exotic vegetation may be removed without regard to this limitation, provided that, if the area cleared of exotic vegetation exceeds the applicable one-half-acre or one-quarter-acre limitation, it is replanted with native wetland vegetation.

(c)

No dredging or filling (except for pilings to support the residence and accessory structures or poles providing utility services) shall be allowed, except that a walking path or driveway to the residence may use permeable fill if it is designed with a sufficient number and size of culverts to allow the natural flow of water to continue.

(d)

Drainfields for septic tanks and graywater are located outside the wetland.

(e)

If dwelling units are clustered, a density of one dwelling unit per five acres shall be maintained on site and the following provisions shall also apply:

(i)

Clustering of units shall be located in the perimeter areas of the wetlands; and

(ii)

A restrictive or conservation easement to preserve open space is provided.

(2)

Standards for residential development at one dwelling unit per three acres. Residential development at up to one dwelling unit per three acres may occur if:

(a)

Residences are built on pilings of sufficient height to exceed by one foot the highest recorded flood level in the wetland. If there is no flood data available, residences must be built at least two feet above the highest seasonal water level.

(b)

All accessory structures and other support facilities are constructed outside the wetland.

(c)

Clearing or removal of vegetation does not exceed one-quarter acre per three acres. If dwelling units are clustered, a density of one dwelling unit per three acres shall be maintained on site, and clearing or removal of native vegetation shall not exceed a total of one-eighth acre for each three acre area. Exotic vegetation may be removed without regard to this limitation, provided that, if the area is cleared of exotic vegetation exceeds the applicable one-quarter-acre or one-eight-acre limitation, it is replanted with native wetland vegetation.

(d)

No driveways, paths or other construction requiring fill (other than pilings for the residence or poles for utilities) shall be allowed within the wetland.

(e)

All residences are connected to a centralized sewage system.

(f)

If dwelling units are clustered, a density of one dwelling unit per three acres may be maintained on site if:

(i)

Clustering of units is located in the perimeter area of the wetlands; and

(ii)

A restrictive or conservation easement to preserve the open space is provided.

State Law reference— Provisions to ensure the protection of environmentally sensitive lands designated in the Comprehensive Plan required, F.S. § 163.3202(2)(e).

6.9.6

High natural groundwater aquifer recharge standards.

(A)

Purpose. The purpose of this subsection is to provide standards to protect natural groundwater aquifer recharge areas that provide potable water to the City and other North Florida residents who depend on the Floridian Aquifer System for drinking water.

(B)

High natural groundwater aquifer recharge areas designated. For the purposes of these LDRs, these high natural groundwater aquifer recharge areas are identified in the SRWMD HARC Map.

(C)

High natural groundwater aquifer recharge area standards. Development within areas designated as high natural groundwater aquifer recharge areas shall comply with the following standards:

(1)

No drainage wells or sinkholes for stormwater management. Stormwater management practices shall not include drainage wells and sinkholes for stormwater disposal where recharge is into potable water aquifers.

(2)

Development in areas with existing wells. Where development is proposed in areas with existing wells, these wells shall be abandoned, including adequate sealing and plugging according to Chapter 62-28, Florida Administrative Code. The site and development plan shall clearly indicate that the proposed stormwater disposal methods meet requirements established in this subsection.

(3)

Well construction, modification and closure. Well construction, modification, or closure shall be regulated in accordance with the criteria established by the SRWMD and the Florida Department of Health the Florida Department of Environmental Protection and such other agencies as may be legally designated to have such oversight authority from time to time.

(4)

Abandoned wells. Abandoned wells shall be closed in accordance with the criteria established by Chapter 62-28, Florida Administrative Code.

(5)

No discharge of regulated material. No person shall discharge or cause to or permit the discharge of a regulated material to the soils, groundwater, or surface water of any high natural groundwater aquifer recharge area.

(6)

Regulated material storage system. No person shall tamper or bypass or cause or permit tampering with or bypassing of the containment of a regulated material storage system, within any high natural groundwater recharge area, except as is necessary for maintenance or testing of those components.

(7)

Landfill and storage facilities. Landfill and storage facilities for hazardous/toxic wastes shall also require approval as a special exception. (See Section 2.4.4, Special exception permit.)

State Law reference— Provisions to ensure the protection of environmentally sensitive lands designated in the Comprehensive Plan required, F.S. § 163.3202(2)(e).

6.9.7

Potable water wellfield protection standards.

(A)

Wellfield protection zone established. In order to protect wellfields, wellfield protection zones shall be established consistent with the Comprehensive Plan.

(B)

Wellfield protection standards. Within the wellfield protection zones, property owners shall comply with the following standards:

(1)

Regulated materials prohibited. No development shall be permitted that requires or involves storage, use or manufacture of regulated materials.

(2)

Limitation on new wells.

(a)

No new wells shall be permitted in a surficial intermediate aquifer system or the aquifer system.

(b)

Exemptions to this limitation on new wells may be approved by the City Commission (after recommendation by the Planning and Zoning Board) for:

(i)

Wells constructed by the City, a community water association or their contractor as part of a monitoring system surrounding the wellfield.

(ii)

New construction or repair of wellfield production wells or other well construction or modification required in the operations of a City or community water association water treatment plant.

(iii)

Wells constructed as part of a FDEP approved contaminant assessment/remediation plan where groundwater contamination has been identified or is suspected.

(iv)

Wells constructed for private water supply in locations where the cost of connection to a public water utility would exceed the cost of the proposed private supply well and pumping system by a factor of 2½ times.

(v)

Geotechnical borings constructed in the surficial aquifer system.

(3)

Discharge prohibited. No person shall discharge or cause to or permit the discharge of a regulated material to the soils, groundwater or surface water of any wellfield protection zone.

(4)

Landfills prohibited. New sanitary landfills, as defined by Chapter 62, Florida Administrative Code, shall be prohibited within any wellfield protection zone.

(5)

Limitation of septic tanks. New septic tank waste water treatment systems shall be prohibited within any wellfield protection zone, except where the cost of connection of a public waste water utility would exceed the cost of the proposed septic tank and installation by a factor of 2½ times or where no public sanitary sewer system is available.

(6)

Sanitary sewer plants prohibited. New domestic and/or industrial wastewater treatment facilities shall be prohibited within any wellfield protection zone.

(7)

Transportation of regulated materials prohibited. Transportation of regulated materials is prohibited within any wellfield protection zone except local traffic serving facilities within any wellfield protection zone.

(8)

Activities requiring storage prohibited. Except as provided in Subsection 6.9.7(B)8(b) of this section, no activity that requires storage or use of agricultural chemicals, hazardous or toxic waste, petroleum products or toxic and medical waste shall be permitted within any wellfield protection zone.

(a)

Material exemptions. The City Commission, after the request has been heard and a recommendation provided by the Planning and Zoning Board, may exempt any material from the requirements of this provision if it is demonstrated the material, in the quantity and/or solution handled or the conditions under which it is stored, does not present a significant, actual, or potential hazard to the contamination of groundwater in case of a discharge.

(b)

Temporary storage permit. A temporary use permit (Section 2.4.12) shall be required for the temporary storage of regulated materials in containers or tanks exceeding 50 gallons aggregate volume for use in normal agricultural or forestry practices within any wellfield protection zone.

(9)

Additional activities prohibited. Feed lots or other commercial animal facilities; percolation ponds; mines and excavation of waterways or drainage facilities that intersect the water table shall be prohibited within any wellfield protection zone.

(C)

Notification upon sale or transfer. Landowners with land located either partly or entirely within any wellfield protection zone shall, at the time of any transfer of interest in such land, create in any deed, lease, or other document conveying such interest a notation that the land is subject to the provisions for potable water wellfield protection of this subsection and these LDRs.

(Ord. No. 06-22, exh. A, 6-5-2006; Ord. No. 18-05, § 3(Exh. A), 2-12-2018; Ord. No. 20-08, § 3(Exh. A), 7-27-2020)

State Law reference— Provisions to provide for protection of potable water wellfields required, F.S. § 163.3202(2)(c).

6.10.1

Development assurances or guarantees.

(A)

Generally. The City shall require adequate financial assurance (performance guarantees), in a form and manner that it approves, for on-site private improvements such as off-street parking and loading, landscaping, exterior lighting, open space set-asides, and other relevant features shown on or described in a site plan (Section 2.4.9) subdivision (Section 2.4.10), planned development (Section 2.4.3), special exception permit (Section 2.4.4), special permit (Section 2.4.16), or building permits.

(B)

Waiver of guarantee for public improvements. In situations where the amount of improvements to be constructed is of a minimal nature, the LDR Administrator may waive the requirement for financial security if the completion of all improvements to be constructed is guaranteed by requirement of completion prior to issuance of any building permit or certificate of occupancy permit.

6.10.2

Form of performance guarantees. The owner or developer shall furnish a performance guarantee in any of the following acceptable forms:

(A)

Cash deposit. Cash deposit with the City of Alachua;

(B)

Guarantee from a lender. Guarantee from a Florida lender based upon a cash deposit, in a form acceptable to the City Attorney;

(C)

Irrevocable letter of credit. Irrevocable letter of credit from a Florida banking institution in a form acceptable to the City Attorney;

(D)

Performance bond. Performance bond from a Florida banking institution in a form acceptable to the City Attorney; or

(E)

Other acceptable security. Any other financial security found acceptable by the City Attorney.

6.10.3

Performance guarantees for common and private on-site improvements.

(A)

Common improvements. Common private improvements on parcels not maintained by the City shall be guaranteed at 120 percent of the materials and labor for all improvements prior to recording the plat for the subdivision, unless waived or reduced by the City.

(B)

Improvements not installed prior to occupancy. During certain seasons of the year, it may be impractical for some common and private improvements, such as off-street parking and loading, landscaping, or open space set-aside elements to be timely installed. When a certificate of occupancy permit is requested prior to the completion of such, the City may accept financial security for the completion of the improvements if it is in the best interest of the City to do so and when the following apply:

(1)

Improvements cannot be timely completed. The LDR Administrator determines the subject improvements cannot be timely completed because of weather, season or other unavoidable circumstance;

(2)

No threat to health, safety, and welfare. The site can function without the subject improvements, without creating a threat to health, safety, and welfare, and without detrimental impacts to surrounding lands and City service provision in the area;

(3)

Contracts executed and will be timely completed. The owner/developer demonstrates that contracts have been executed for the work and such work shall be timely completed on or before a certain date; and

(4)

Financial security. The owner/developer submits financial security in the amount of 120 percent of the estimated cost of labor and materials for the subject improvements to ensure such improvements are timely completed.

6.10.4

Maintenance guarantees. Unless otherwise provided for in these LDRs, either at the time of the City's acceptance of a performance guarantee for the private improvements or at the issuance of an occupancy permit, the City may require the owner or developer to furnish a maintenance guarantee in a form approved by the City, so as to guarantee the proper functioning and structural integrity of any private on-site improvement.

6.10.5

Release of guarantees for common and private improvements. Upon the owner or developer's completion of the improvements, the owner or developer shall provide written notice to the LDR Administrator requesting an inspection. Upon determination that the improvements fully comply with the approved site and development plan, plat for subdivision, planned development, special exception permit, special permit, or building permit, the full amount of financial security shall be released, less the City's costs of additional inspections and other means to secure compliance.

6.10.6

Forfeiture of security.

(A)

Failure to install improvements. If an owner or developer fails to properly install all required improvements within the time-frames established by these LDRs, the LDR Administrator shall give 30 days' written notice to the owner/developer (if different) by certified mail, after which time the City may draw on the security and use the funds to complete the required improvements.

(B)

Report of expenditures. After completing the required improvements, the City shall provide a complete accounting of the expenditures to the landowner or developer (as appropriate) and, as applicable, refund all unused security deposited, without interest, to the party posting the guarantee. If the costs to complete the required improvements are greater than the amount of the security, the City may assess the additional costs to the affected landowners or responsible association.

(Ord. No. 20-08, § 3(Exh. A), 7-27-2020)

NUISANCE TREE LIST

(Ord. No. 19-05, § 3(Exh. A), 1-14-2019)