The purpose of this Chapter is to establish the authority for review and consideration of development applications and other proposed actions in Alachua County and to assign such authority to the following:

(a)

The Alachua County Board of County Commissioners ("BOCC");

(b)

The Alachua County Planning Commission ("Planning Commission");

(c)

The Alachua County Development Review Committee ("DRC"); and

(d)

The Alachua County Development Review Departments:

(1)

Department of Growth Management;

(2)

Environmental Protection Department; and

(3)

Department of Public Works.

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2016-10, § 2(Exh. A), 6-28-16; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)

The BOCC shall have the powers and duties listed below, in addition to those provided elsewhere in the Alachua County Code.

(a)

Appointments. The BOCC shall appoint members of the Planning Commission and such other commissions, boards or officers as required by this ULDC and consistent with the Rules and Procedures of the Alachua County BOCC and the Guidelines for Citizens Advisory Boards and Committees.

(b)

Comprehensive Plan amendments. The BOCC has the authority to adopt, adopt with changes, or reject proposed amendments to the Comprehensive Plan and any evaluation and appraisal reports prepared to update the Comprehensive Plan.

(c)

ULDC amendments. The BOCC has the authority to approve, approve with changes or deny amendments to the text of this ULDC.

(d)

Land Development Regulation Commission. The BOCC shall serve as the Land Development Regulation Commission (LDRC) as provided in F.S. §§ 163.3164(25) and 163.3194(2).

(e)

Consideration of applications and other actions. The BOCC has authority to approve, approve with conditions or deny the development applications, including application revisions, and other proposed actions listed below:

(1)

Amendments to the official zoning map;

(2)

Special exceptions;

(3)

Special use permits;

(4)

Activity center plans;

(5)

Special area studies;

(6)

Special area plans;

(7)

Major or minor amendments to an approved planned development zoning district;

(8)

Development agreements as provided in F.S. § 163.3220;

(9)

Developments of regional impact as provided in F.S. Ch. 380;

(10)

Plats, including final plats, replats, and vacation or abandonment of plats;

(11)

Vacation or abandonment of streets;

(12)

Preliminary development plans that exceed thresholds, as established in Article X, Development Plan Review, of Chapter 402;

(13)

All water and sewer line extensions outside the Urban Cluster line;

(14)

Change from one nonconforming use to another in accordance with Subsection 408.12(a)(1)(a);

(15)

Construction agreements, plans, and maintenance for public works projects; and

(16)

Final redevelopment plans.

(17)

Removal of Landmark Live Oaks per Article II of Chapter 406.

(18)

For single-family residence. Adverse impact to surface water and wetlands and their buffers; wetland buffer mitigation proposals.

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 06-14, § 2(Exh. A), 7-20-06; Ord. No. 09-01, § 2(Exh. A), 2-24-09; Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 15-06, § 2(Exh. A), 4-14-15; Ord. No. 2016-10, § 2(Exh. A), 6-28-16; Ord. No. 2017-17, § 2(Exh. A), 10-10-17; Ord. No. 2020-25, § 2(Exh. A), 11-10-20; Ord. No. 2025-11, § 2(Exh. B), 6-24-25)

(a)

Establishment and composition. The Planning Commission shall be composed of seven (7) voting members to be appointed by the BOCC and one (1) voting member to be appointed by the Alachua County School Board. The BOCC may appoint an alternate member who shall serve in place of any absent member, except the school board member, and shall have all rights and responsibilities of the absent member, including the right to vote. The Planning Commission is a standing advisory board of the Board of County Commissioners.

(b)

Term of office. Each member shall serve a term of four (4) years, and terms shall remain staggered by adopting the present terms of the members of the Planning Commission.

(c)

Legislative findings. The Board of County Commissioners finds that, for certain land use and zoning decisions, the establishment of an advisory board is necessary to provide for public input and additional consideration of applications.

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20; Ord. No. 2025-18, § 2(Exh. A), 9-9-25)

(a)

Residence. Members of the Planning Commission shall be residents of the County.

(b)

Disclosure. Applicants for appointment to the Planning Commission shall disclose whether or not they are currently elected or appointed to hold office in any public body or agency, including serving on an advisory board.

(c)

Ethics. Members of the Planning Commission shall be subject to all applicable provisions of F.S. Ch. 112, Pt. III, regarding ethics for public officers.

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2016-23, § 2(Exh. A, 10-25-16; Ord. No. 2020-25, § 2(Exh. A), 11-10-20; Ord. No. 2025-18, § 2(Exh. A), 9-9-25)

(a)

Vacancies. Vacancies on the Planning Commission shall be filled by appointment of the BOCC.

(1)

Time of appointment. An appointment to fill a vacancy shall be made within sixty (60) days after the vacancy occurs.

(2)

Notification of vacancy. The Director shall notify the BOCC within ten (10) days after any vacancy shall occur on the Planning Commission. If the Director shall fail to provide timely notice of a vacancy, the chair of the Planning Commission may notify the BOCC of the vacancy.

(3)

Expiration of term and continuance in office. If the term of a member expires prior to the appointment or reappointment of a member by the BOCC, that member shall continue to serve until the appointment is made.

(b)

Attendance. Attendance and removal of members.

(1)

Attendance requirements and removal. Members of the Planning Commission shall meet the minimum attendance requirements specified in the most current version of the Guidelines for Advisory Boards and Committees. These attendance rules do not apply to the school board member.

(2)

Removal for other cause. Planning Commission members serve at the pleasure of the Board of County Commissioners. Any Planning Commission member may be removed for good cause by the Board of County Commissioners after consideration of the issue at a Board meeting.

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20; Ord. No. 2025-18, § 2(Exh. A), 9-9-25)

(a)

Election of officers. At an annual organizational meeting to be held each year on October 1 or as soon thereafter as practicable, the members of the Planning Commission shall elect one (1) of their members as chair and one (1) as vice-chair.

(b)

Presiding officers. Chair as presiding officer. The Chair shall serve as the presiding officer of the Planning Commission.

(1)

Temporary absence of the Chair. In the temporary absence of the Chair, the Vice-Chair shall act as chair and shall have all powers of the Chair. In the temporary absence of both the Chair and Vice-Chair at any meeting, the Planning Commission shall elect a temporary Chair.

(2)

Permanent absence of the Chair. In the event of the permanent absence of the Chair due to resignation or other cause, the Vice-Chair shall perform the Chair's duties until such time as the Planning Commission shall elect a new Chair.

(3)

Duties of the presiding officer. The presiding officer shall be in charge of all proceedings before the Planning Commission, and shall take such action as shall be necessary to preserve order and the integrity of all proceedings before the Planning Commission.

(c)

Meetings.

(1)

Regular meetings. Regular meetings shall be held each month and shall be set for a time, date and location certain.

(2)

Special meetings.

a.

Calling of special meetings. Special meetings may be called by the Chair of the BOCC, a majority of the BOCC, the Chair of the Planning Commission, or a majority of the members of the Planning Commission.

b.

Notice of special meetings. The Director shall notify all members a minimum of five (5) days in advance of any special meetings.

(d)

Minutes and public records. The Planning Commission shall keep minutes of its proceedings, showing the absence of members and the vote of each member including the Chair and Vice-Chair.

(e)

Meetings and hearings to be public. All meetings and hearings of the Planning Commission shall be open to the public.

(f)

Public notice. Public notice of Planning Commission hearings shall be provided as required for each application type as provided in Chapter 402 and in accordance with the procedures of Article IV, Notice of Hearings, in Chapter 402.

(g)

Rules of procedure. The most recent edition of The Standard Code of Parliamentary Procedure (Alice Sturgis) or such other document as may be specified by the Guidelines for Advisory Boards and Committees shall govern the proceedings at the meetings of the Planning Commission. The Commission may, by resolution, adopt additional rules of procedure not inconsistent with the guidelines for advisory boards and committees and any procedures set out or incorporated by reference therein.

(h)

Quorum. A meeting of the Planning Commission shall not be called to order, nor shall any business be transacted by the Planning Commission, without a quorum being present. A quorum shall consist of at least four (4) members.

(i)

Consideration of applications and other actions. A majority vote of a quorum or any greater number of members present at a meeting shall be necessary for the Planning Commission to take any action or make a decision or other determination. The provisions of F.S. § 286.012, prohibiting abstention from voting except in the case of conflict of interest, shall apply.

(j)

Conflict of interest. If there is a matter which comes before a member of the Planning Commission for which a conflict of interest exists, the member shall, as provided in F.S. Ch. 112, Pt. III:

(1)

Prior to the vote being taken, publicly state the nature of the interest in the matter;

(2)

Abstain from voting or participating in the matter; and

(3)

Within fifteen (15) days after the vote occurs, file a memorandum, Form 8A or 8B or other approved form with the secretary describing the nature of the interest in the matter.

(k)

Powers and duties. The Planning Commission shall exercise the powers and duties listed below.

(1)

Public hearings and recommendations. The Planning Commission shall hold public hearings and make recommendations to the BOCC on the applications and other actions listed below:

a.

Amendments to the official zoning map;

b.

Major change to an approved planned development zoning district;

c.

Special exceptions, and major amendments to such exceptions;

d.

Special use permits, and major amendments to such permits;

e.

Amendments to the text of this ULDC when requested by the BOCC.

(2)

Local planning agency. The Planning Commission shall act as the Local Planning Agency as provided by F.S. § 163.3174. In the capacity as the Local Planning Agency, the Planning Commission shall hold public hearings and make recommendations to the BOCC regarding:

a.

Evaluation and appraisal reports; and

b.

Comprehensive Plan amendments.

(l)

Work Plan and Report of Accomplishments. The Planning Commission, no later than October 1 of each year, shall prepare and update a work plan and report of accomplishments for presentation to the Board of County Commissioners.

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20; Ord. No. 2025-18, § 2(Exh. A), 9-9-25)

The Development Review Committee is hereby established.

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)

The Directors of the Growth Management and Environmental Protection Departments shall each designate one (1) DRC regular member and an alternate member from their respective departments. The Growth Management Director shall also designate a third member and alternate from any County department. The DRC regular and alternate members shall not be directly involved with the review of the DRC development applications. Names of the appointed members and alternates shall be noted on the DRC agendas. Upon application, applicants shall be advised not to contact the DRC members or alternates with regard to any item to be reviewed on the DRC agenda to ensure the integrity of the quasi-judicial process.

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 2016-10, § 2(Exh. A), 6-28-16; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)

The time, location and date of meetings shall be established by the Director.

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)

Public notice of DRC hearings shall be provided as required for each application type as provided in Chapter 402 and in accordance with the procedures of Article IV, Notice of Hearings, in Chapter 402.

(Ord. No. 2020-25, § 2(Exh. A), 11-10-20)

(a)

The DRC shall adopt rules of procedure necessary to its governance and the conduct of its affairs in keeping with applicable provisions of Florida law and the ordinances of Alachua County.

(b)

All meetings and hearings of the DRC shall be open to the public.

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)

(a)

Review and approval. The DRC has the authority to approve, approve with conditions, or deny the development applications, including any application revisions, and other proposed actions listed below:

(1)

Preliminary development plans under the thresholds established in Section 402.44, thresholds for development review;

(2)

Final development plans;

(3)

Minor development plans;

(4)

Minor change to an approved planned development;

(5)

Modifications to a development plan resulting in more than one thousand five hundred (1,500) square feet of new impervious area or affecting other elements of an approved final development plan;

(6)

Master plans for parcel disaggregation under Section 400.04(e)(2)(1);

(7)

Master plans for planning parcels with significant plant and wildlife habitat or listed plant and animal species habitat;

(8)

Floodplain development permits except those listed under Section 401.20(d);

(9)

Variance to flood hazard protection standards of Chapter 406, Subsection 406.57.2;

(10)

Waivers to the setback requirements from major road centerlines, section lines, and half section lines as identified in Section 407.03 in conjunction with an associated development plan;

(11)

Reductions to the minimum property development standards in Table 407.78.1, Dimensional Standards for Rural/Agriculture Clustered Subdivisions, for front setback, rear setback, lot width and lot depth by no more than twenty-five (25) percent pursuant to Subsection 407.78(g)(1);

(12)

Certificate of Level of Service Compliance (CLSC) pursuant to Chapter 407, Article XII, Concurrency Management;

(13)

Reductions or waivers to the industrial district boundary requirement in accordance with Subsection 403.16(d);

(14)

Reductions or increases of the preservation boundary buffer in accordance with Subsection 405.33(b)(4);

(15)

Activities that propose significant adverse impacts to regulated natural and historic resources;

(16)

Variances from the following requirements in any zoning district except the planned development (PD) zoning district:

a.

The minimum yard/setback requirements, lot width or lot depth; and

b.

The maximum height or building coverage; and

(17)

Approval of any use that requires DRC in Chapter 404.

(18)

Approval of the preliminary plat in accordance with Section 402.58

(b)

Review and recommendation. The DRC shall review and make recommendations on final plats and replats, to the BOCC.

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 06-14, § 2(Exh. A), 7-20-06; Ord. No. 06-14, § 2(Exh. A), 7-20-06; Ord. No. 07-01, § 1, 1-23-07; Ord. No. 09-01, § 2(Exh. A), 2-24-09; Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 13-14, § 2(Exh. A), 8-27-13; Ord. No. 2016-10, § 2(Exh. A), 6-28-16; Ord. No. 2018-23, § 2(Exh. A), 10-9-18; Ord. No. 2020-25, § 2(Exh. A), 11-10-20; Ord. No. 2024-04, § 2(Exh. A), 2-27-24; Ord. No. 2024-07, § 2(Exh. A), 9-10-24)

For the purpose of this Article the development review departments shall consist of the Department of Growth Management, the Environmental Protection Department and the Department of Public Works.

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)

Unless otherwise provided herein, the authority to administer, implement, enforce and interpret this ULDC is granted to the Director of the Department of Growth Management.

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 2020-25, § 2(Exh. A), 11-10-20)

The Department of Growth Management, the Environmental Protection Department and the Department of Public Works shall exercise the powers and duties listed below:

(a)

Review and report. County staff shall review and prepare reports and recommendations to the following decision making bodies based on the review and recommendations of the Growth Management Department, the Environmental Protection Department, the Department of Public Works, as well as input from other departments and agencies:

(1)

DRC — Regarding the following development applications:

a.

Any application listed in Subsection 401.17(a);

b.

Plats, including final plats, plat vacations, and re-plats.

(2)

BOCC (and Planning Commission where applicable) — Applications as listed in Section 401.02.

(b)

Decisions of the Growth Management Department. The Director of the Growth Management Department, in conjunction with any of the other appropriate development review departments, shall coordinate the review and make a decision to approve, approve with conditions or deny any of the following applications:

(1)

Interpretation of this ULDC;

(2)

Vested rights certification;

(3)

Interpretation of district boundaries, where there is any dispute as to the location of the boundary of a zoning district in relation to particular property;

(4)

Building permit;

(5)

Building permits for docks of six hundred (600) square feet or under meeting the standards in Chapter 404, Section 404.108;

(6)

Certificate of occupancy;

(7)

Home-based businesses;

(8)

Family homestead exceptions and transfers;

(9)

Temporary uses that do not involve overnight camping or any event with an anticipated attendance of less than two thousand (2,000) people;

(10)

Sign permit;

(11)

Temporary placement permit;

(12)

Tree removal permit;

(13)

Certain personal wireless service facilities meeting the administrative development approval criteria in Article XII of Chapter 404 of this ULDC;

(14)

Administrative development plan review of any modifications to an existing developed site resulting in an addition of less than one thousand five hundred (1,500) square feet of impervious area provided this provision may only be used once per site and the proposed expansion does not create off-site impacts;

(15)

Administrative development plan review of applications utilizing Article XXXII, Live Local Act Implementation Section 402.195.

(16)

Change of use to a permitted or limited use, except where DRC approval is required in Chapter 404;

(17)

Waivers to the setback requirements from major road centerlines, section lines, and half section lines in Section 407.03 for structures on existing legal lots of record; and

(18)

Tier I tower replacements meeting the standards of Subsection 404.54(a)5.

(19)

Amendment to the zoning district setback of a platted lot by affidavit in ULDC Section 402.56.5.

(c)

Decisions of the Environmental Protection Department. The director of the environmental protection department, in conjunction with any of the other appropriate development review departments, shall coordinate the review and make a decision to approve, approve with conditions or deny any of the following applications:

(1)

Minimal impact activities in and adjacent to conservation or preservation areas;

(2)

Minimal impact activities in and adjacent to regulated natural and historic resources;

(3)

Removal of indigenous vegetation in special area studies;

(4)

Hazardous facilities;

(5)

Well registration and well abandonment;

(6)

Murphree Wellfield hazardous waste licenses; and

(7)

Dewatering activities discharging to wetlands, conservation or preservation areas;

(8)

Preservation buffer reductions per Subsection 405.33(b)(4)c.

(d)

Decisions of the Department of Public Works. The Director of the Public Works Department, in conjunction with any of the other appropriate development review departments, shall coordinate the review and make a decision to approve, approve with conditions or deny any of the following:

(1)

Floodplain development permit for single-family residence or mobile or manufactured home on a legal lot of record;

(2)

Floodplain development permit for boat docks six hundred (600) square feet or under meeting the standards of Chapter 404, Section 404.108;

(3)

Minor modifications to stormwater management facilities and right-of-way infrastructure associated with development previously approved by the DRC;

(4)

As an exemption to the requirements found in Chapter 404, Article 24 Mining, Excavation and Filling Operations, and for the purposes of creating an agricultural type pond, excavation of more than two hundred (200) cubic yards of material that do not impact regulated resource areas or involve areas within the limits of the flood hazard area;

(5)

Right-of-way use and utility permit for allowable uses of public rights-of-way;

(6)

Driveway permits;

(7)

Construction permits;

(8)

Temporary construction stockpiles and temporary construction storage, leasing and sales offices that are not shown on an approved development plan;

(9)

Dewatering activities with proposed offsite discharge; and

(10)

Exceptions from the public road frontage requirement in Subsection 407.73(f)(1) for the first split of a parent parcel or a family homestead exception where the private easement road meets minimum width, stabilization and maintenance requirements for the purpose of providing emergency service delivery, and the applicant provides proof of access to a County maintained public road.

(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 06-14, § 2(Exh. A), 7-20-06; Ord. No. 07-01, § 3, 1-23-07; Ord. No. 09-01, § 2(Exh. A), 2-24-09; Ord. No. 09-05, § 2(Exh. A), 9-8-09; Ord. No. 12-09, § 2(Exh. A), 10-9-12; Ord. No. 13-14, § 2(Exh. A), 8-27-13; Ord. No. 15-06, § 2(Exh. A), 4-14-15; Ord. No. 2016-10, § 2(Exh. A), 6-28-16; Ord. No. 2019-12, § 2(Exh. A), 4-23-19; Ord. No. 2020-25, § 2(Exh. A), 11-10-20; Ord. No. 2024-04, § 2(Exh. A), 2-27-24; Ord. No. 2024-07, § 2(Exh. A), 9-10-24; Ord. No. 2025-06, § 2(Exh. A), 3-25-25)