The city manager or designee shall serve as the development review director and shall have the following duties:

A.

Receive all applications for development plan approval.

B.

Make administrative decisions as prescribed in this article, with input from applicable city departments.

C.

Schedule all applications for review before the applicable reviewing authority.

D.

Ensure that proper notice is given prior to all hearings on development applications.

E.

Ensure that all time limits are met.

F.

Monitor the progress of all development plan applications through the review process and be available to respond to the queries of interested persons.

G.

Schedule application cutoff dates.

(Ord. No. 200722, § 1, 4-21-22)

Editor's note— Ord. No. 200722, § 2, adopted April 21, 2022, repealed § 30-3.2, which pertained to technical review committee and derived from Ord. No. 140818, 7-20-2017.

A.

Establishment and purpose. The city plan board (CPB), which shall be designated as the local planning agency in accordance with F.S. § 163.3174, is hereby created and shall have the following duties:

1.

Plan for the proper growth and development of the city, meaning the scientific, aesthetic, and orderly disposition of land, resources, facilities, and services with the goal of securing an environment for present and future generations that is environmentally sustainable, socially just and desirable, and economically sound. The board shall keep constantly informed of and in touch with the physical changes of the city and its surrounding environs and is authorized to gather information and make recommendations to the city commission with regard to such growth and development.

2.

Prepare the City of Gainesville Comprehensive Plan and amendments thereto, and make recommendations to the city commission regarding the adoption or amendment of such plan.

3.

Monitor and oversee the effectiveness and status of the Comprehensive Plan, and recommend to the city commission such changes in the Comprehensive Plan as may from time to time be required, including the periodic evaluation and appraisal of the Comprehensive Plan required by F.S. § 163.3191.

4.

Review proposed land development regulations, the Land Development Code, or amendments thereto, and make recommendations to the city commission as to the consistency of each proposal with the adopted Comprehensive Plan.

5.

Perform all other functions, duties, and responsibilities designated by the Land Development Code or otherwise assigned by the city commission.

B.

Membership.

1.

The city plan board shall have seven regular members, representing a cross section of the city, appointed by the city commission. Regular members of the city plan board shall be and remain bona fide residents of the city. If at any time a member of the city plan board fails to remain a resident of the city, such person shall no longer serve on the board.

2.

The city plan board shall have an additional member (hereinafter, the "school board representative") that represents and is appointed by the School Board of Alachua County. The duties of the school board representative are limited to attending city plan board meetings at which the city plan board considers Comprehensive Plan amendments and rezonings that would, if approved, increase residential density on the property that is the subject of the proposed amendment or rezoning. The school board representative shall be a non-voting member.

3.

Each member shall be appointed to a three-year term commencing on November 1 of the year appointed. Members may be reappointed for consecutive terms and may hold office after expiration of their term until a successor has been appointed and qualified.

4.

When a regular member position becomes vacant before the end of the term, the city commission shall appoint a substitute member to fill the vacancy for the duration of the vacated term. When the school board representative position becomes vacant before the end of the term, the School Board of Alachua County shall appoint a substitute member to fill the vacancy for the duration of the vacated term.

C.

Officers.

1.

The members of the city plan board shall annually elect a chair and vice-chair from among the regular members and may create and fill other offices as the board deems necessary. The chair shall preside over the board and shall have the right to vote. In the absence of the chair, the vice-chair shall perform the duties of the chair.

2.

The city plan board may create whatever subcommittees it deems necessary to carry out the purposes of the board. The chair of the board shall annually appoint the membership of each subcommittee from the regular members of the board. The school board representative is eligible for subcommittee membership, and the chair of the board may appoint the school board representative to any given subcommittee.

3.

The city manager shall appoint a city employee to serve as secretary to the board, recorder and custodian of all board records.

D.

Compensation of members; funding; absenteeism; legal counsel.

1.

Neither regular members nor the school board representative shall be compensated, but may be paid for travel and other expenses incurred on board business under procedures prescribed in advance by the city commission.

2.

The city commission shall appropriate funds to permit the city plan board to perform its prescribed functions.

3.

Absenteeism by regular board members shall be governed by board rules.

4.

The city attorney shall provide legal counsel to advise and represent the board as necessary.

E.

Rules of procedure. The city plan board shall adopt rules of procedure to carry out its purposes. All rules shall conform to this article, the Code of Ordinances and state law, and shall be reviewed and approved by the city commission.

1.

The board shall meet at least once each calendar month, unless cancelled by the board or its chair, and more often at the call of the chair or the city commission.

2.

The board shall adopt rules setting the number of members needed to establish a quorum.

3.

Each decision of the board shall be approved by a majority vote of the regular members present at a meeting in which a quorum is in attendance and voting.

4.

The board shall conduct hearings in accordance with this article and state law.

5.

The board shall keep minutes of its proceedings, indicating the attendance of each member, and the decision on every question.

F.

Final and non-final decisions. The city plan board has final decision authority for special use permits (other than wellfield special use permits), development plans, determinations for nonpresumptive vested rights and concurrency, and decisions on binding resource determinations. All other actions of the board are non-final and advisory to the city commission. Advisory actions of the board shall not obligate the city.

G.

Implementation of board's decision. Any permit, authorization, or other development order issued, based on the board's decision, prior to the end of the period for filing an appeal for any available administrative or judicial remedies is considered conditional. Any action taken during the appeal period is taken at the sole risk of the property owner or representative, who may be required to undo any work done if the decision of the board is overturned either by a rehearing of the board, an appeal for an administrative remedy, or an appeal to a court of competent jurisdiction.

(Ord. No. 211052, § 1, 6-16-22; Ord. No. 2023-904, § 1, 12-14-23)

A.

Establishment and purpose. The development review board (DRB) is hereby created and shall have the following duties:

1.

Review and act upon applications for development plan approval pursuant to the Land Development Code. The airport authority shall act in the capacity of the development review board for development plans for the Gainesville Regional Airport in accordance with an approved airport layout plan.

2.

Review and approve, approve with conditions or deny modifications and variances from the requirements of this Land Development Code, as specifically provided in this Land Development Code.

3.

Make recommendations to the city plan board on land development regulations either upon referral by the city plan board or upon its own initiation.

4.

Perform all other functions, duties, and responsibilities designated by the Land Development Code or otherwise assigned by the city commission.

B.

Membership.

1.

The development review board shall have seven regular members appointed by the city commission. Members of the development review board shall be and remain bona fide residents of the city. If at any time a member of the development review board fails to remain a resident of the city, such person shall no longer serve on the board. When appointing residents to the development review board, the city commission shall give special consideration to those with the following experience:

a.

An architect or landscape architect.

b.

A civil engineer.

c.

A person engaged in real estate sales or development.

d.

A professional with experience in natural or environmental sciences.

e.

An urban planner; and

f.

A citizen at large.

2.

Each member shall be appointed to a three-year term commencing on November 1 of the year appointed. Members may be reappointed for consecutive terms and may hold office after expiration of their term until a successor has been appointed and qualified.

3.

When a member position becomes vacant before the end of the term, the city commission shall appoint a substitute member to fill the vacancy for the duration of the vacated term.

C.

Officers.

1.

The members of the development review board shall annually elect a chair and vice-chair from among the members and may create and fill other offices as the board deems necessary. The chair shall preside over the board and shall have the right to vote. In the absence of the chair, the vice-chair shall perform the duties of the chair.

2.

The development review board may create whatever subcommittees it deems necessary to carry out the purposes of the board. The chair of the board shall annually appoint the membership of each subcommittee.

3.

The city manager shall appoint a city employee to serve as secretary to the board, recorder and custodian of all board records.

D.

Compensation of members; funding; absenteeism; legal counsel.

1.

Board members shall not be compensated, but may be paid for travel and other expenses incurred on board business under procedures prescribed in advance by the city commission.

2.

The city commission may appropriate funds to permit the development review board to perform its prescribed functions.

3.

Absenteeism by board members shall be governed by board rules.

4.

The city attorney shall provide legal counsel to advise and represent the board as necessary.

E.

Rules of procedure. The development review board shall adopt rules of procedure to carry out its purposes. All rules shall conform to this article, the Code of Ordinances and state law, and shall be reviewed and approved by the city commission.

1.

The board shall meet at least once each calendar month, unless cancelled by the board or its chair, and more often at the call of the chair or the city commission.

2.

The board shall adopt rules setting the number of members needed to establish a quorum.

3.

Each decision of the board shall be approved by a majority vote of the members present at a meeting in which a quorum is in attendance and voting.

4.

The board shall conduct hearings in accordance with this article and state law.

5.

The board shall keep minutes of its proceedings, indicating the attendance of each member, and the decision on every question.

F.

Implementation of board's decision. Any permit, authorization, or other development order issued, based on the board's decision, prior to the end of the period for filing an appeal for any available administrative or judicial remedies is considered conditional. Any action taken during the appeal period is taken at the sole risk of the property owner or representative, who may be required to undo any work done if the decision of the board is overturned either by a rehearing of the board, an appeal for an administrative remedy, or an appeal to a court of competent jurisdiction.

(Ord. No. 211052, § 2, 6-16-22; Ord. No. 2023-904, § 2, 12-14-23)

A.

Establishment and purpose. The historic preservation board (HPB) is hereby created and shall have the following duties:

1.

Update the official inventory of cultural resources and submit to the city commission recommendations and documentation concerning such updating.

2.

Develop programs to stimulate public interest in urban neighborhood conservation and participation in the adaptation of existing codes, ordinances, procedures and programs to reflect urban neighborhood conservation policies and goals.

3.

Explore funding and grant sources and advise property owners concerning which might be available for the identification, protection, enhancement, perpetuation and use of historic, architectural, archaeological and cultural resources.

4.

Cooperate with agencies of city, county, regional, state and federal governments in planning proposed and future projects to reflect the concerns and policies expressed in this article, and assist in the development of proposed and future land use plans.

5.

Advise property owners and local governmental agencies concerning the proper protection, maintenance, enhancement and preservation of cultural resources.

6.

Advise the city commission concerning the effects of local governmental actions on cultural resources.

7.

Conduct regular public meetings and call special meetings.

8.

Otherwise further the objectives and purposes stated in the historic preservation and conservation regulations of this chapter, which can be found in article IV, division 5.

9.

Report to the city commission concerning the board's activities at least once a year.

10.

Review and recommend sites, buildings, structures, objects, areas and districts, both public and private, for listing on the local register for historic places.

11.

Approve or deny petitions for certificates of appropriateness required under article IV, division 5.

12.

Notify the city manager, who shall take appropriate action when it appears that there has not been compliance with the requirements of article IV, division 5.

B.

Membership.

1.

The historic preservation board shall have nine regular members appointed by the city commission. Members of the board shall be and remain bona fide residents of the city. If at any time a member of the board fails to remain a resident of the city, such person shall no longer serve on the board. When appointing residents to the historic preservation board, the city commission shall appoint at least one registered architect and shall, when possible, appoint a representative from each of the following areas of expertise:

a.

History.

b.

Real estate or real property appraisal or finance.

c.

Urban planning or law.

d.

Engineering or building construction.

e.

Landscape architecture.

2.

Each member shall be appointed to a three-year term. Members may be reappointed for consecutive terms and may hold office after the expiration of their term until a successor has been appointed and qualified.

3.

When a member position becomes vacant before the end of a term, the city commission shall appoint a substitute member to fill the vacancy for the duration of the vacated term.

C.

Officers.

1.

The board shall annually elect a chair and a vice-chair from among the members and may create and fill other offices as the board deems necessary. The chair shall preside over the board and shall have the right to vote. In the absence of the chair, the vice-chair shall perform the duties of the chair.

2.

The city manager shall appoint a city employee to serve as secretary to the board, recorder and custodian of all board records.

D.

Rules of procedure. The historic preservation board shall adopt rules of procedure to carry out its purposes. All rules shall conform to this article, the Code of Ordinances and state law, and shall be reviewed and approved by the city commission.

1.

The board shall meet at least once each calendar month, unless cancelled by the board or its chair, and more often at the call of the chair or the city commission.

2.

No business shall be conducted by the board without the presence of a quorum of five voting members.

3.

Voting on certificates of appropriateness. Approval or denial of petitions for certificates of appropriateness shall require the affirmative vote of at least four voting members. If insufficient affirmative votes are obtained, a matter shall be tabled and placed on the agenda for the following meeting. However, petitions for certificates of appropriateness shall be deemed automatically granted if not approved or denied within 45 calendar days after the first meeting at which they were considered.

4.

The board shall conduct hearings in accordance with this article and state law.

5.

The board shall keep minutes of its proceedings, indicating the attendance of each member, and the decision on every question.

A.

Establishment and purpose. The heritage overlay district board is hereby created and shall have the following duties:

1.

Review regulated work items submitted for its review pursuant to the provisions of section 30-4.27.

B.

Membership.

1.

The board shall consist of five members appointed by the city commission. At least three members shall reside in a heritage overlay district and, if more than one heritage overlay district exists, at least one member shall reside in each existing district; however, if it is not possible to meet the foregoing requirements in making appointments, the city commission may appoint any resident of the city to the board. If a member of the board ceases to be a resident of the city, such person shall no longer serve on the board.

2.

Each member shall be appointed to a two-year term commencing on November 1 of the year appointed. Members may be reappointed for consecutive terms and may hold office after expiration of their term until a successor has been appointed and qualified.

3.

When a member position becomes vacant before the end of the term, the city commission shall appoint a substitute member to fill the vacancy for the duration of the vacated term.

C.

Officers.

1.

The board shall annually elect a chair and a vice-chair from among the members and may create and fill other offices as the board deems necessary. The chair shall preside over the board and shall have the right to vote. In the absence of the chair, the vice-chair shall perform the duties of the chair.

2.

The city manager shall appoint a city employee to serve as secretary to the board, recorder and custodian of all board records.

D.

Rules of procedure. The board shall adopt rules of procedure to carry out its purposes. All rules shall conform to this article, the Code of Ordinances and state law, and shall be reviewed and approved by the city commission.

1.

The board shall meet once each calendar month, as necessary to consider any petitions timely filed for that meeting. A meeting may be cancelled by the board or its chair as specified in the board rules of procedure.

2.

Three members shall be present to establish a quorum. A majority of the quorum is required for approval. Petitions on the agenda, but not heard due to a lack of quorum, are continued to the next meeting one time. If the board fails to reach a quorum a second consecutive time, the petition is deemed approved.

3.

The board shall conduct hearings in accordance with this article and state law.

4.

At board meetings, the board deliberation and public comment shall be limited to whether or not the regulated work item is consistent with the district's regulations, as set forth in the ordinance for that district, including the design standards report.

5.

The board can approve, approve with conditions, deny or continue to a date certain a petition for a regulated work item. The board may continue a petition only once. At the second hearing on a continued petition, the board shall render a decision or the petition shall be deemed approved.

6.

The decision of the board on a petition shall be the final decision of the city.

7.

The board shall keep minutes of its proceedings, indicating the attendance of each member, and the decision on every question.

A.

Purpose and intent. Public participation requirements are intended to encourage applicants to be good neighbors and to allow for informed decision making, although not necessarily to produce complete consensus on all applications, by:

1.

Ensuring that applicants pursue early and effective citizen participation in conjunction with their applications, giving the applicants the opportunity to understand and try to mitigate any real or perceived impacts their applications may have on the neighborhood; and

2.

Ensuring that the public has an adequate opportunity to learn about applications that may affect them and to work with the applicant to resolve concerns at an early stage of the review and decision-making process.

B.

Applicability. Every application that requires board approval, including future land use map changes, rezonings, right-of-way vacations, special use permits, subdivisions, or development plans shall first hold a neighborhood workshop and shall include in the application a public participation report. Development plans that meet or exceed the thresholds for intermediate or major development review must also include a neighborhood workshop and public participation report. The following development applications are exempt from the requirements of this section:

1.

Text changes to the Comprehensive Plan or Land Development Code.

2.

City-initiated amendments to the future land use map of the Comprehensive Plan that change the future land use from Alachua County to City of Gainesville categories.

3.

City-initiated amendments to the zoning map that change the zoning from Alachua County to City of Gainesville districts.

4.

Development plan applications for nonresidential projects of 10,000 square feet or less of floor area when not abutting or adjacent to property zoned for single-family residential use.

5.

Development plan applications for residential projects of ten units or less.

6.

Environmental remediation or safety improvements required by local, state, and federal agencies.

C.

Workshop and public participation report. When required in accordance with this section, the applicant shall as part of the development application hold a workshop and submit a written public participation report documenting the results of the public participation effort.

1.

The applicant shall hold a workshop prior to submittal of the development application. The applicant shall provide notification of the workshop by mail to all owners of property located within 400 feet of the subject property and to all neighborhood associations registered with the city and located within one-half-mile of the property, as well as to any other persons, organizations, or agencies as deemed appropriate by the city manager or designee. The applicant shall provide proof of mailing by submitting a signed and notarized affidavit, on a form acceptable to the city, attesting to the date of the mailing and the number of notices sent. If requested, the city manager or designee may provide mailing labels to the applicant. The applicant shall mail these notices with proper postage at least 15 calendar days before the date of the workshop. The applicant shall also post notice signs of the workshop at the property that is the subject of the application at least 15 calendar days before the date of the workshop which notice must include a description of the application, potential uses, and other information as required by the city manager or designee, as well as the date, time, and location of the workshop.

2.

The workshop shall start between 6:00 p.m. and 8:00 p.m. on a weekday or between 9:00 a.m. and 5:00 p.m. on a weekend. If held in person, the workshop must be held in a location generally near the subject property and must be held in a facility that is ADA compliant. Applicants may hold a virtual workshop in lieu of an in-person workshop by both using an interactive online video conferencing software as well as providing attendees the ability to call in with a telephone with no internet access. Virtual workshops must meet all applicable requirements provided in this section and the applicant must provide virtual attendees with the ability to receive all information that would be available in an in-person workshop.

3.

The applicant shall hold an additional workshop(s) if the initial workshop has occurred more than three months prior to submittal of the application, or if subsequent to the initial workshop there has been in the subject development application a 20 percent or greater increase in proposed building area, an increased number of proposed floors, or the addition of or increase of intensity of a drive-through use.

4.

The public participation report must be on or in a form as approved by the city manager or designee and must at a minimum include the following information:

a.

A list of the owners of property located within 400 feet of the subject property, all neighborhood associations registered with the city and located within one-half-mile of the property, as well as any other persons, organizations, or agencies deemed appropriate by the city manager or designee for notice of the workshop, together with a description of how the applicant will inform those parties any time the development application has a 20 percent or greater increase in proposed building area, an increased number of proposed floors, or the addition of or increase of intensity of a drive-through use.

b.

A narrative description of the methods the applicant used to involve the public, which may include: a) dates and locations of all meetings where the public or the parties listed above were invited to discuss the application, including the required workshop; b) the contents, dates mailed, and number of mailings, including letters, meeting notices, newsletters, and all other forms of notice used; c) a general description of where all parties listed above are located; and d) the number of people who participated in the process.

c.

A summary of the substance of concerns and issues expressed during the process, and a description of how the applicant has addressed or intends to address the concerns and issues expressed or, in the alternative, why the expressed concerns and issues will not be addressed.

(Ord. No. 200722, § 3, 4-21-22; Ord. No. 2022-704, § 1, 3-2-23)

A.

General. The notice provisions in this section are required prior to all hearings and are supplemental to any notice required by state law. If two public hearings are required, then supplemental notice must be provided prior to the first public hearing. A request by the applicant to continue a hearing will require the applicant to incur re-notification and re-advertising costs.

B.

Mailed notice. Unless otherwise provided by law, addresses for mailed notice required by this chapter must be obtained from the latest ad valorem tax records provided by the county property appraiser. The failure of any person to receive notice will not invalidate an action if a good faith attempt was made to comply with the notice requirements. The notice must identify the physical address of the subject property; the date, time, and location of the public hearing; and a description of the application including the nature and degree of the request, potential uses, and other information as required by the city. The notice must be mailed at least 15 calendar days prior to the date of the hearing to all real property owners whose land will be affected and whose property lies within 400 feet of any affected property.

C.

Posted notice. Posted notice signs must be posted by the applicant in accordance with procedures established by the city, and must include a description of the application with the nature and degree of the request, potential uses, and other information as required by the city, and must identify the date, time, and location of the public hearing. Signs shall be posted at least 15 calendar days prior to the date of the hearing. Properties under consideration for a land use or zoning map change that involve more than 50 non-contiguous acres are not required to post signs when the application is initiated by the city.

D.

Failure to perfect supplemental notice. If an applicant fails to provide supplemental notice in accordance with this section prior to the public hearing, then the public hearing must be cancelled to allow compliance with the notice requirements. The failure to provide the supplemental notice required by this section may not be construed to invalidate any final action on a land development decision, if discovered after final action has been taken.

Table III-1: Public Notice.

(Ord. No. 200722, § 4, 4-21-22; Ord. No. 2022-704, § 2, 3-2-23)

An application for a zoning verification letter (ZVL) may be voluntarily submitted by any individual seeking verification of the zoning status of a specific parcel of land. However, submittal of a ZVL application shall be required in the following situations and it shall be unlawful to conduct any of the following activities until the city manager or designee has issued a zoning verification letter (ZVL) certifying that such activity complies with the applicable provisions of this chapter.

A.

Establish any business, profession or occupation, or change the location of a business, profession or occupation that is subject to a business tax as provided for in chapter 25 of the Code of Ordinances.

B.

Begin any new use, or undertake an addition to any existing use.

C.

Make a change of use, as the term is defined in this chapter, of any land or structure, or extend any use or any lot on which exists a legally nonconforming use.

A.

Applications. Applications for a ZVL shall be submitted on a form provided by the city. The request shall provide sufficient information to identify the property and the information the requestor seeks to verify. The requestor is solely responsible for the accuracy of the information provided in the application.

B.

Staff review. Upon receipt of a completed application, the city manager or designee shall review the application and issue a ZVL that may only address the following information:

1.

The future land use designation of the property.

2.

The zoning district of the property.

3.

A list of permitted uses in the property's zoning district.

4.

Verification that a particular use is permitted within the property's zoning district.

5.

The development regulations applicable to the property.

6.

Zoning action needed to permit a particular use.

7.

Identification of any outstanding notice of violations issued for code enforcement violations of the property.

A.

Duration. There is no specific expiration date for an issued ZVL. However, the regulations in this chapter are continually under review and may change at any time, and any ZVLs issued are subject to changes to this chapter adopted after the issuance of the letter. Applicants have the responsibility of ensuring that all applicable rules, regulations, and circumstances have not changed subsequent to the issuance of a ZVL.

B.

Limitations. If the city manager or designee determines that a ZVL was based on inaccurate or misleading information or if the ZVL does not comply with this chapter, then the city manager or designee may at any time issue a modified ZVL that complies with this chapter or revoke the ZVL.

C.

Effect. A ZVL does not authorize development activity.

D.

Review. The determinations made within a ZVL are not subject to appeal.

The following procedures shall apply to all applications, including those initiated by the city, for text amendments to the Comprehensive Plan or Land Development Code, and land use or zoning changes.

A.

Pre-application meeting. It is recommended that applicants meet with the planning and development services department prior to submitting an application, in order to discuss the application process. No person may rely upon any comment made by any participant at the pre-application conference as a representation or implication that the application will be ultimately approved or rejected in any form.

B.

Application submittal.

1.

An application for a text amendment to the Comprehensive Plan or Land Development Code may be submitted by any citizen or owner of land in the city.

2.

Applications for a land use change or rezoning may be submitted by the property owner. If there are multiple owners, each shall include authorization on the application. The property owners may authorize an agent to represent the owners by submitting an affidavit with the application.

C.

Staff review. Staff shall submit to the city plan board a written report that includes analysis of the application and a recommendation based on the applicable criteria required by this division.

D.

Neighborhood workshop. Applicants for a land use change or rezoning shall hold a neighborhood workshop as required by this article.

E.

City plan board review. The city plan board shall review the application at a public hearing. When reviewing the application, the city plan board may receive and consider the comments and concerns of other relevant boards serving the city commission, such as the development review board and the historic preservation board. This city plan board shall make a recommendation to the city commission regarding the application, and such recommendation shall be processed as follows:

1.

If both staff and the city plan board recommend approval of the application as submitted or with amendments voluntarily agreed upon by the applicant, then the application may be forwarded to the city attorney's office to prepare the appropriate ordinance in accordance with law.

2.

If either staff or the city plan board recommends denial of the application, then the application shall be forwarded to the city commission for approval, denial, approval with amendment, or remand to the board for further consideration. If the city commission approves the application as submitted or with amendments, then the city attorney's office shall prepare the appropriate ordinance in accordance with law.

F.

City commission review.

1.

The city commission shall consider the application at public hearings as required by law.

2.

If the matter is quasi-judicial as determined by the city attorney's office, the city commission shall conduct the quasi-judicial hearing at first reading of the ordinance, as applicable. The recommendations of city staff or other regulatory agencies and the appropriate reviewing boards shall be included and become a part of the record before the city commission.

3.

The city commission may act on any application without a recommendation from the city plan board if the board has not acted on the matter within 45 calendar days of the date of the first regular meeting of the city plan board after an application has been submitted.

4.

If an application is not acted upon finally by the city commission within six months of the date upon which the city plan board made a recommendation to the city commission, the application shall be deemed denied without prejudice. However, no application shall be deemed denied if the city commission has continued its consideration to a date certain, or has stayed action on the application by enactment of a moratorium ordinance.

G.

Withdrawal of applications. An application for any action provided by this chapter may be withdrawn by the applicant. However, if notice has been given, the application shall be withdrawn by the applicant at a public hearing, and for purposes of refiling a land use change or rezoning application, a withdrawn application shall be limited as if it were denied. Fees paid shall not be refundable if any expense has been incurred by the city for public notice.

H.

Limits on applications relating to same property.

1.

If the city commission has denied an application for a land use change or rezoning, the city plan board shall not consider any land use change or rezoning applications for any part of the same property for a period of 12 months from the date of the denial.

2.

Whenever the city commission has adopted an ordinance to change the land use or zoning for a property, the city plan board shall not consider any land use change or rezoning applications for any part of the same property for a period of 12 months from the date of the ordinance adoption.

3.

The city commission may waive the above time limitations by the affirmative vote of five commissioners, provided 30 calendar days have elapsed since the action of the commission, and if the city commission deems such action necessary to prevent an injustice or facilitate the proper development of the city.

Applications to change the land use category for a property by amending the future land use map of the Comprehensive Plan shall be reviewed according to the following criteria:

A.

The goals, objectives, and policies of the Comprehensive Plan.

B.

The need for additional land in the proposed land use category based on the projected population of the city and the relative availability of the current and proposed land use categories.

C.

The proposed land use category of the property in relation to surrounding properties and other similar properties.

D.

The potential impact of the land use change on adopted level of service standards.

Applications to rezone property shall be reviewed according to the following criteria:

A.

Compatibility of permitted uses and allowed intensity and density with surrounding existing development.

B.

The character of the district and its suitability for particular uses.

C.

The proposed zoning district of the property in relation to surrounding properties and other similar properties.

D.

Conservation of the value of buildings and encouraging the most appropriate use of land throughout the city.

E.

The applicable portions of any current city plans and programs such as land use, traffic ways, recreation, schools, neighborhoods, stormwater management and housing.

F.

The needs of the city for land areas for specific purposes to serve population and economic activities.

G.

Whether there have been substantial changes in the character or development of areas in or near an area under consideration for rezoning.

H.

The goals, objectives, and policies of the Comprehensive Plan.

I.

The facts, testimony, and reports presented at public hearings.

J.

Applications to rezone to a transect zone shall meet the following additional criteria:

1.

The proposed T-Zone shall provide a logical extension of an existing zone, or an adequate transition between zones, with the potential to establish a coherent expansion of nearby transects with elements including a code compliant street system with sidewalks, pedestrian circulation, lighting systems, and utility infrastructure.

2.

The area shall have had a change in growth and development pattern to warrant the rezoning to a more or less urban T-Zone.

3.

The request shall be consistent with the overall City of Gainesville vision for growth and development as expressed in the City of Gainesville Comprehensive Plan.

4.

The subject land has the characteristics of a T-Zone or has the potential to successfully facilitate development consistent with the intent of the T-Zone, including the creation of a more urban form through prescriptive building placement standards, enhanced window glazing, and an emphasis on the pedestrian experience.

(Ord. No. 211331, § 1, 10-20-22)

A.

Purpose. The purpose of the planned development (PD) district is to provide a particularized zoning district that recognizes unique conditions, allows design flexibility, and promotes planned diversification and integration of uses and structures, which other zoning districts cannot accommodate, while also retaining the city commission's authority to establish such limitations and regulations as it deems necessary to protect the public health, safety, and general welfare. The PD district is designed to:

1.

Encourage flexible land development that sustainably uses land and infrastructure, reduces transportation needs, conserves energy, and maximizes the preservation of natural resources.

2.

Allow the integration of different land uses and densities in one development that would not otherwise be provided for in other zoning districts in this chapter, and which encourage compatibility in overall site design and scale both internal and external to the project site.

3.

Permit outstanding and innovative residential and nonresidential developments with quality-of-life design features, such as an integration of housing types and accommodation of changing lifestyles within neighborhoods; design that encourages internal and external convenient and comfortable travel by foot, bicycle, and transit through such strategies as pedestrian scale, a building orientation generally toward streets and sidewalks, parking located to the side or rear of buildings, narrow streets, modest setbacks, front porches, connected streets, multiple connections to nearby land uses, terminated vistas, recessed garages, alleys, enhances landscaping, and mixed-uses.

4.

Provide flexibility to meet changing needs, technologies, economics, and consumer preferences and allows for ingenuity and imagination in the planning and development of relatively large tracts.

5.

Achieve overall coordinated building and facility relationships and infill development, and eliminate the negative impacts of unplanned and piecemeal development.

All building code, housing code and other land use regulations of this chapter are applicable to a PD, except to the extent that they conflict with a specific provision of an approved PD.

In addition to the general review criteria for rezonings provided by this article, the city plan board and the city commission shall evaluate PD applications according to the following additional criteria:

A.

Consistent with Comprehensive Plan. A PD application may only be approved if it is consistent with the Comprehensive Plan.

B.

Conformance to PD purpose. A PD application may only be approved if it is in conformance with the purpose of PDs as articulated in section 30-3.15.

C.

Internal compatibility. All uses proposed within a PD shall be compatible with other proposed uses; that is, no use may have any undue adverse impact on any neighboring use, based on the streetscape, treatment of pedestrian ways and circulation, motor vehicle circulation, and the separation and buffering of parking areas and sections of parking areas; the existence or absence of, and the location of, focal points and vistas, open spaces, plazas, recreational areas and common areas, and use of existing and proposed landscaping; use of the topography, physical environment and other natural features; use and variety of building setback or build-to lines, separations and buffering; use and variety of building groupings, building sizes, architectural styles, and materials; variety and design of dwelling types; particular land uses proposed, and conditions and limitations thereon; and any other factor deemed relevant to the privacy, safety, preservation, protection or welfare of any proposed use within the PD.

D.

External compatibility. All uses proposed within a PD shall be compatible with existing and planned uses of properties surrounding the PD; that is, no internal use may have any avoidable or undue adverse impact on any existing or planned surrounding use, nor shall any internal use be subject to undue adverse impact from existing or planned surrounding uses. An evaluation of the external compatibility of a PD should be based on the following factors: adjacent existing and proposed uses, design of the development, traffic circulation, and density and intensity.

E.

Intensity of development. The residential density and intensity of use of a PD shall be compatible with and shall have no undue adverse impact upon the physical and environmental characteristics of the site and surrounding lands, and shall comply with the policies and density limitations set forth in the Comprehensive Plan. Within the maximum limitation of the Comprehensive Plan, the permitted residential density and intensity of use in a PD may be adjusted upward or downward in consideration of the following factors: the availability and location of public and utility services and facilities; the trip capture rate of development; and the degree of internal and external connectedness of streets.

F.

Usable open spaces, plazas and recreation areas. Usable open spaces, plazas and recreation areas provided within a PD shall be evaluated based on conformance with the policies of the Comprehensive Plan and the sufficiency of such areas to provide appropriate recreational opportunities, protect sensitive environmental areas, conserve areas of unique beauty or historical significance, enhance neighborhood design, and encourage compatible and cooperative relationships between adjoining land uses.

G.

Environmental constraints. The site of the PD shall be suitable for use in the manner proposed without hazards to persons either on or offsite from the likelihood of increased flooding, erosion or other dangers, annoyances or inconveniences. Condition of soil, groundwater level, drainage and topography shall all be appropriate to the type, pattern and intensity of development intended. The conditions and requirements of the protection of resources article shall be met.

H.

External transportation access. A PD shall be located on, and provide access to, a major street (arterial or collector) unless, due to the size of the PD and the type of uses proposed, it will not adversely affect the type or amount of traffic on adjoining local streets. Access shall meet the standards set in chapter 23 and chapter 30, article VI. Connection to existing or planned adjacent streets is encouraged. The trip generation report shall be signed by a professional engineer registered in the state when there is a difference between the traffic report provided by the petitioner and the concurrency test.

I.

Internal transportation access. Every dwelling unit or other use permitted in a PD shall have access to a public street directly or by way of a private road, pedestrian way, court or other area that is either dedicated to public use or is a common area guaranteeing access. Permitted uses are not required to front on a dedicated public road. Private roads and other accessways shall be required to be constructed so as to ensure that they are safe and maintainable.

J.

Provision for the range of transportation choices. Sufficient off-street and on-street parking for bicycles and other vehicles, as well as cars, shall be provided. Parking areas shall be constructed in accordance with such standards as are approved by the city commission to ensure that they are safe and maintainable and that they allow for sufficient privacy for adjoining uses. When there is discretion as to the location of parking in the project, it is strongly encouraged that all motor vehicle parking be located at the rear or interior side of buildings, or both. The design of a PD should, whenever feasible, incorporate appropriate pedestrian and bicycle accessways so as to provide for a variety of mobility opportunities. Connection to all sidewalks, greenways, trails, bikeways, and transit stops along the perimeter of the PD is required. Where existing perimeter sidewalks do not exist, sidewalks shall be provided by the development.

A.

Unified control. All land included in any PD application must be owned or under the legal control of the applicant, whether the applicant be an individual, partnership, corporation, other entity, group or agency. The applicant shall provide evidence of such ownership or control, including upon request of the city manager or designee all agreements, contracts, guarantees and other necessary documents and information that the city deems necessary.

B.

Pre-application meeting. Before application submittal, the applicant shall present a generalized description of the project to the city manager or designee at a pre-application conference.

C.

First-step meeting. Before application submittal, the applicant shall attend a first-step meeting to discuss the development review process, code requirements and to confer with staff about the PD. Comments made by staff at a first-step meeting are made solely for preliminary informational purposes and may not be construed as an approval or denial or agreement to approve or deny any application.

D.

Application submittal. The applicant shall submit a complete application, accompanied by the applicable fee, on a form provided by the city together with all plans, documentation, and information deemed necessary by the city.

E.

Development review director review. The development review director shall review the application for conformance with the city's Comprehensive Plan and Land Development Code, and issue a recommendation.

F.

Neighborhood workshop. The applicant shall hold a neighborhood workshop per the requirements of this article.

G.

City plan board review. The city plan board shall review the application (PD layout plan and report) at a public hearing. The city plan board shall recommend denial, approval, or approval subject to conditions, and the recommendation must be forwarded to the city commission for consideration.

H.

City commission review.

1.

The city commission shall deny the application, approve the application, or approve the application with conditions that it deems necessary and appropriate.

2.

If the city commission approves an application with conditions, then the applicant shall revise the application to clearly incorporate such conditions and file with the city manager or designee within 60 calendar days of such approval. Failure to file the revised application within the time prescribed will render any approval of the city commission null and void unless the applicant files with the city commission a written request for an extension of time within such 60-day period. The city commission may grant an extension for good cause shown.

(Ord. No. 200722, § 5, 4-21-22)

The city commission may allow or require the phasing of a PD. When provisions for phasing are included in a PD, each phase shall be planned and related to previous development, surrounding properties and the available public facilities and services so that a failure to proceed with phases will have no adverse impact on the PD or surrounding properties.

The city commission may establish reasonable time limits for the completion of any dedicated public facilities within a PD, facilities planned for common areas, and the total PD. If phasing is provided for, time limits for the completion of each phase may also be established or may be deferred until development review. Any such time limit may be extended by the city commission for an additional reasonable time limit upon the written request of an applicant and based upon good cause, as determined by the city commission. Any such extension shall not automatically extend the normal expiration date of a building permit, site plan approval or other development order.

A.

Except as otherwise provided in this section, an amendment to an approved PD (except for an extension of a time limit) shall be accomplished only by a new PD rezoning application.

B.

The following types of amendments to the requirements of an approved PD may be authorized by the appropriate reviewing board during development plan review, provided such amendments meet the criteria set forth in this article for the development review process:

1.

Minor adjustments or shifts in the location and siting of buildings, structures, parking bays, and parking spaces.

2.

Changes in the location of utility tie-ins and solid waste, recycling, and yard trash containers.

3.

Reductions in the overall density or intensity of structural ground coverage of the development.

4.

Changes in the location and types of landscape materials, excluding changes in location of buffers.

5.

Minor changes in the walkway and bikeway systems.

6.

The addition of accessory structures or utility buildings of less than 1,000 square feet where there are no major changes to the perimeter features of the development.

7.

The addition of up to ten new parking spaces.

8.

Any expansion of gross floor area or enlargement of the building envelope that does not require the addition of required parking spaces or alter standards of the PD ordinance.

9.

Modifications that do not entail amendments to specific language included within the PD ordinance.

It is the intent of this division to recognize and permit certain uses and developments that require special review, and to provide the standards by which the applications for permits for uses and development shall be evaluated. It is further intended that special use permits be required for developments that, because of their inherent nature, extent, and external effects, require special care in the control of their location, design, and methods of operation in order to ensure conformance with the Comprehensive Plan and this chapter.

The applicable uses listed in article IV may be established in that zoning district only after issuance and recordation of a special use permit by the city plan board.

No special use permit shall be approved by the city plan board unless the following findings are made concerning the proposed special use. The burden of proof on the issue of whether the development, if completed as proposed, will comply with the requirements of this chapter remains at all times on the applicant.

A.

The proposed use or development is consistent with the Comprehensive Plan and the Land Development Code.

B.

The proposed use or development is compatible with the existing land use pattern and future uses designated by the Comprehensive Plan. Factors by which compatibility of the proposed use or development shall be reviewed include scale, height, mass and bulk, design, intensity, and character of activity.

C.

The proposed use will not adversely affect the health, safety, and welfare of the public.

D.

Ingress and egress to the property, proposed structures, and parking/loading/service areas is provided and allows for safe and convenient automobile, bicycle, and pedestrian mobility at the site and surrounding properties.

E.

Off-street parking, service, and loading areas, where required, will not adversely impact adjacent properties zoned for single-family residential use.

F.

Noise, glare, exterior lighting, or odor effects will not negatively impact surrounding properties.

G.

There is adequate provision for refuse and service/loading areas, and these areas shall be reviewed for access, screening, location on the site, and pedestrian/bicycle mobility and safety. Outdoor storage or display areas, if included, will not adversely impact surrounding properties and shall be reviewed for screening and location on the site.

H.

Necessary public utilities are available to the proposed site and have adequate capacity to service the proposed use or development.

I.

Screening and buffers are proposed of such type, dimension, and character to improve compatibility and harmony of the proposed use and structure with the uses and structures of adjacent and nearby properties.

J.

The hours of operation will not adversely impact adjacent properties zoned for single-family residential use.

K.

Any special requirements set forth in the Land Development Code for the particular use involved are met.

A.

Pre-application meeting. A pre-application meeting is not required; however, the applicant is encouraged to attend a meeting with staff to review applicable procedural and regulatory requirements.

B.

Applications. Each application shall be filed with the city manager or designee on the form prescribed. Any incomplete applications will be returned to the applicant. The application shall include proof of having met the requirements of a neighborhood workshop as provided in this article.

C.

Staff meeting. The applicant for a special use permit shall meet with city staff to discuss the procedures and requirements and to consider the elements of the proposed use and site and the proposed site layout.

D.

Staff report. The city manager or designee shall submit to the city plan board a written report that includes analysis of the application and a recommendation based on the review criteria provided in this division.

E.

City plan board hearing.

1.

The city plan board shall consider the evidence presented in the public hearing and the written report submitted by the city manager or designee and shall act on the application based on the review criteria provided in this division.

2.

Action on the application shall be one of the following:

a.

Approval;

b.

Approval subject to conditions; or

c.

Denial, with a statement of the reasons for denial.

F.

Effect of denial or withdrawal. No application for a special use permit may be submitted within two years after the date of denial or withdrawal of a request for the same use for the same property. The city plan board may waive this time limitation by the affirmative vote of five members, provided 30 calendar days have elapsed and provided the city plan board deems such action necessary to prevent an injustice.

G.

Amended application. Amendment of an application may be allowed at any time prior to or during the public hearing, provided that no such amendment shall be such as to make the case different from its description in the notice of public hearing. If the amendment is requested by the applicant after notice of the hearing has been given and such amendment is at variance with the information set forth in the notice, then the applicant shall pay an additional fee in the same amount as the original fee for amended public notice. If the amended notice can be mailed at least ten calendar days prior to the hearing originally scheduled, the hearing on the amended petition may be held on that date; otherwise, the chairperson shall announce at the public hearing that the hearing will be continued to a future meeting with proper public notice.

A.

Effect. Special use permits, including any permit conditions, shall run with the land and shall be binding on the original applicant as well as any successors or assigns.

B.

Modifications. After approval and issuance of a special use permit, the following situations are allowed only with the review and issuance of a new special use permit:

1.

A change in the boundaries of the approved site.

2.

A change from the approved use.

3.

Either an increase of ten percent or more or incremental increases that total ten percent or more in the floor area or number of parking spaces as approved.

4.

Substantial changes in the approved location of principal or accessory structures.

5.

Structural alterations significantly affecting the basic size, form, style, ornamentation, and appearance of principal or accessory structures as shown on the approved plans.

6.

Substantial changes in approved pedestrian or vehicular access or circulation.

7.

Substantial change in the approved amount or location of landscape screens or buffers.

C.

Expiration. Special use permits shall expire 12 months after the date of approval unless, at that time, the authorized use has commenced or development at the site is continuing in good faith with an active building permit. At the request of the applicant and for good cause shown, the city plan board may extend the time of the permit's expiration for good cause shown and if not in conflict with any other provision of this chapter.

D.

Abandonment. On request of the permit holder, the city manager or designee may approve the abandonment of a special use permit provided no construction has begun. In addition, if the use allowed by a special use permit has been abandoned for a continuous period of 12 months, the permit shall be void. The process to determine whether a use has been abandoned shall be the same as that provided for nonconforming uses in article X.

E.

Revocation. If any conditions of an issued special use permit are violated, the city plan board may, after giving proper notice to the permit holder, revoke the permit at a public hearing. The permit may be reinstated by the city manager or designee if the circumstances leading to the revocation are corrected.

A.

This division is established for the purpose of protecting the immediate and long-term supply of potable water in the community by creating a permit procedure for uses and developments within the Murphree Wellfield Protection Zones (also known as Murphree Wellfield Management Zones) as delineated in the Alachua County Code of Ordinances, as may be amended from time to time, and to provide the standards by which the applications for permits for uses and development shall be evaluated.

B.

It is further intended that wellfield protection permits or wellfield protection Special Use Permits be required for developments that require special care in the control of their location, design, and methods of operation in order to ensure conformance with the city's Comprehensive Plan and Alachua County Murphree Wellfield Management Code (also known as Murphree Wellfield Protection Code), as may be amended from time to time.

Unless exempt as provided in this division, all new development and existing development within the primary, secondary, and tertiary wellfield protection (management) zones of Alachua County that will intensify, expand, or modify a use directly associated with the storage of hazardous materials (as defined in the Alachua County Hazardous Materials Management Code) shall first obtain a Wellfield Protection Special Use Permit (WPSUP).

A.

The standards and requirements of this division shall apply to all properties located in the wellfield protection management zones. Properties that may only be partially located in a wellfield protection management zone shall be treated as if the entire property is located completely within the wellfield protection management zone.

B.

The primary, secondary, and tertiary wellfield protection zones are those zones delineated on the Murphree Wellfield Protection management zones map on file with the city.

A.

Uses allowed within residential zoning districts.

B.

Any proposed uses or development associated with the Murphree Water Treatment Plant, or electric transmission and distribution systems or generally the provision of utility service by a government-owned utility shall be exempt from the provisions of this division.

C.

Exemptions from the permit requirements shall be allowed for uses and developments that meet the following criteria, except for specially regulated industrial uses allowed by special use permit:

1.

There is no manufacture, storage, use, or sale of hazardous materials at the site or development as defined and regulated in the Alachua County Hazardous Materials Management Code, other than hazardous materials excluded from the provisions of the Hazardous Materials Management Code, as may be amended from time to time.

2.

The project is part of an environmental cleanup or facility upgrade that is required by a local, state or federal environmental agency, and the project is in compliance with the Alachua County Hazardous Management Materials Code and all other applicable state and federal regulations.

3.

Redevelopment of an existing site that may manufacture, store, use, or sell hazardous materials at the site or development as defined and regulated in the Alachua County Hazardous Materials Management Code, but where the actual development project will not involve hazardous materials other than those associated with similar construction projects, and the project is in compliance with the Alachua County Hazardous Materials Management Code and all other applicable state and federal regulations.

A.

Primary zone. No use involving hazardous materials is allowed in this zone, except for uses or development associated with the Murphree Water Treatment Plant, electric transmission and distribution systems, or generally the provision of utility service by a government-owned utility. All other uses must obtain a WPSUP.

B.

Secondary and tertiary zone. The development or use will be reviewed using the following mandatory criteria:

1.

The criteria for special use permits provided in section 30-3.24 have been met.

2.

The proposed use or development will not endanger the city's potable water supply.

3.

The necessary public utilities are available to the proposed site and have adequate capacity to service the proposed use and development. The development must be connected to the potable water and wastewater system.

4.

There has been proper abandonment, as regulated by the applicable water management district or state agency, of any unused wells or existing septic tanks at the site. An existing septic tank may remain if it is used solely for domestic waste and if it meets all applicable state and local regulations.

5.

There is no current or proposed underground storage of petroleum products or hazardous materials at the development site in the secondary zone. There is no current or proposed underground storage of hazardous materials at the development site in the tertiary zone. There is no current or proposed underground storage of petroleum products at the development site in the tertiary zone unless approved by the GRU General Manager or designee.

6.

The applicant is in compliance with the requirements of the Alachua County Hazardous Materials Management Code, and all applicable state and federal regulations.

7.

The development property addresses environmental features such as wetlands, creeks, lakes, sinkholes, and soils to ensure that hazardous materials will not endanger the potable water supply and the environmental features.

(Ord. No. 200067, § 1, 10-15-20)

A.

Pre-application meeting. The applicant for a WPSUP shall meet with staff to discuss the procedures and requirements and to consider the elements of the proposed use and site, and the proposed site plan.

B.

Applications. Applications shall be filed with the city manager or designee on the form prescribed. Any incomplete applications will be returned to the applicant.

Applications shall include a development plan. However, if any of the items required for the development plan are inapplicable or irrelevant to a proposed development, such item may be omitted upon approval of the appropriate staff, provided the applicant identifies in writing any missing item and includes a brief explanation of why it is inapplicable or irrelevant. The city plan board may, at the public hearing, approve the omission of items from the development plan if it finds they are not relevant to a determination that the proposed use or development meets the requirements of this division.

C.

Staff review. Staff from Gainesville Regional Utilities, Alachua County Environmental Protection Department, and the city shall review the request and submit to the city plan board a written analysis of the application and a recommendation based on the criteria provided in this division.

D.

City plan board hearing.

1.

The city plan board shall consider the evidence presented in the public hearing and the written report submitted by staff and shall act on the application based on the review criteria provided in this division.

2.

Action on the application shall be one of the following:

a.

Approval;

b.

Approval subject to conditions; or

c.

Denial, with a statement of the reasons for denial.

E.

Effect of denial or withdrawal. No application for a WPSUP may be submitted within two years after the date of denial or withdrawal of a request for the same use for the same property. The city plan board may waive this time limitation by the affirmative vote of five members, provided 30 calendar days have elapsed and provided the city plan board deems such action necessary to prevent an injustice.

F.

Amended application. Amendment of an application may be allowed at any time prior to or during the public hearing, provided that no such amendment shall be such as to make the case different from its description in the notice of public hearing. If the amendment is requested by the applicant after notice of the hearing has been given and such amendment is at variance with the information set forth in the notice, then the applicant shall pay an additional fee in the same amount as the original fee for amended public notice. If the amended notice can be mailed at least ten calendar days prior to the hearing originally scheduled, the hearing on the amended petition may be held on that date; otherwise, the chairperson shall announce at the public hearing that the hearing will be continued to a future meeting with proper public notice.

A.

Effect. WPSUPs, including any permit conditions, shall run with the land and shall be binding on the original applicant as well as any successors or assigns. If there is a change of ownership or operator at the development site, the new owner or operator shall inform the city of its identity and registered agent for service of notice within 30 calendar days. Failure to do so shall be considered a violation of a condition of the permit.

B.

Modifications. After approval and issuance of a WPSUP, the following situations are allowed only with the review and issuance of a new special use permit:

1.

A change in the boundaries of the approved site.

2.

A change from the approved use.

3.

An increase in the storage capacity or type of any hazardous materials used, manufactured, sold or stored at the site, including new hazardous materials not previously listed in the original WPSUP. This criterion shall not apply to hazardous materials excluded from the provisions of the Alachua County Hazardous Materials Management Code, as may be amended from time to time.

C.

Expiration. WPSUPs shall expire 12 months after the date of approval unless, at that time, the authorized use has commenced or development at the site is continuing in good faith with an active building permit. At the request of the applicant and for good cause shown, the city plan board may extend the time of the permit's expiration for good cause shown and if not in conflict with any other provision of this chapter.

D.

Abandonment. On request of the permit holder, the city manager or designee may approve the abandonment of a WPSUP provided no construction has begun. In addition, if the use allowed by a WPSUP has been abandoned for a continuous period of 12 months, the permit shall be void. The process to determine whether a use has been abandoned shall be the same as that provided for nonconforming uses in article X.

E.

Revocation. If any conditions of an issued WPSUP are violated, the city plan board may, after giving proper notice to the permit holder, revoke the permit at a public hearing. The permit may be reinstated by the city manager or designee if the circumstances leading to the revocation are corrected.

This division is intended to provide standards for the division of land in a manner that would facilitate the coordination of land development in accordance with orderly physical patterns; to encourage development of an economically stable and healthful community; to ensure proper identification, monumentation and recording of real estate boundaries; to ensure that adequate and necessary physical improvements of lasting quality will be installed in subdivisions by the subdividers and that taxpayers will not bear this cost; to provide for safe and convenient vehicle, bicycle, pedestrian and transit access; to provide an efficient, adequate, and economic supply of utilities and services to new land developments; to prevent periodic or seasonal flooding and to protect groundwater and surface water quality through provision of protective flood control and stormwater management facilities; to help conserve and protect physical and scenic resources; to sustain and replenish the urban forest; to promote the public health, safety, comfort, convenience, and general welfare; and to implement the Comprehensive Plan.

A.

Lot splits. Lot splits shall be processed as follows:

1.

Lot split restrictions. Lot splits are not permitted in minor subdivisions approved in accordance with the provisions of this chapter. No further division of an approved lot split is permitted, unless a minor subdivision or record plat is prepared and submitted in accordance with this chapter. Only those lot splits that do not require any street, sidewalk, bikeway, bridge, drainage facility, screening wall or any other improvement required under this chapter may be processed under this section.

2.

Lot split standards. Each proposed lot shall conform to the provisions of this chapter. Each lot shall front a public street or approved private street for the required minimum lot width for the zoning district where the lots are located, except as provided in section 30-6.8. If any lot abuts a public right-of-way that does not conform to the design specifications provided in section 30-6.6 B., as further specified in the Design Manual, the owner may be required to dedicate, at no cost to the city, one-half of the right-of-way width necessary to meet the minimum design requirements. A lot split shall be allowed only where water, sewer, fire and solid waste services are available to service the proposed lots. Alternately, in the event city water or sewer is not available at any lot line, the lot may be served by a well or septic tank; provided the lot is a minimum size of one acre and the well or septic tank is permitted and approved by the governmental agencies with jurisdiction. Based on the review by the governmental permitting agencies, a well or septic tank may not be allowed within the wellfield districts, special environmental concern areas or areas with the presence of hazardous materials or known environmental contamination, due to health and safety concerns. Further, at the time city water or sewer become available at the lot line, the property owner shall, at its sole expense, connect to city water or sewer. This connection requirement shall run with the land and shall be evidenced in a written document executed by the property owner and recorded in the public records of Alachua County, Florida, at the time of approval of the lot split. In the case of a vacant lot, the connection shall be required at the time of application for development. In the case of existing development (other than single-family or two-family), the connection shall be required at the time of application for development plan review at the rapid review level or higher. In the case of single-family or two-family development, the connection shall be required at the time of application for a permit for an additional bathroom or for any structure equal to or greater than 25 percent of the square footage of the existing principal structure.

3.

Review.

a.

Application. After a mandatory pre-application conference with staff, an application shall be completed on a form prescribed by the city and submitted together with the following:

i.

A boundary survey and lot split for the proposed division prepared by a professional land surveyor registered in the state according to F.S. Ch. 472. The proposed lot split shall show the intended division, legal descriptions, and acreage for the parent parcel and proposed lots.

ii.

A statement indicating the location where water or sanitary sewer service is available to the property, and a statement indicating that all utility service shall be installed beneath the surface of the ground in accordance with section 30-8.2.

b.

Upon receipt of a completed application, the several departments of the city shall review and provide comment.

c.

If the proposed lot split meets the conditions of this section and otherwise complies with all applicable laws and ordinances, the city manager or designee shall approve the lot split by affixing his or her signature to the application form.

d.

Upon approval of the lot split, the city shall record the split on the appropriate maps and documents in the city. In addition, the applicant shall file lot splits with the Alachua County Property Appraiser's office and in the public records of Alachua County.

B.

Lot line adjustments. The lot lines of lots within an existing minor subdivision or existing lot split may be altered in accordance with the following requirements:

1.

A lot line adjustment shall only be used to adjust the lot lines of existing lots that were created by minor subdivision or lot split and shall not be used to further subdivide existing lots or create new lots.

2.

An application for a lot line adjustment, signed by the owners of all lots that will be adjusted, shall be completed on a form prescribed by the city and submitted together with a surveyor's affidavit prepared by a professional land surveyor registered in the state that describes and depicts the adjustment in the lot lines and references the filing or recording information for the minor subdivision or lot split.

3.

The applicant shall pay the same fee as for a lot split as specified in appendix A.

4.

The application shall be reviewed by city staff to verify that the requested adjustment, if approved, will not create any nonconformity or violations of this chapter. If same are created, the application shall be denied.

5.

The lot line adjustment, if approved by the city manager or designee, shall not be effective until the applicant records the surveyor's affidavit in the public records of Alachua County.

(Ord. No. 211359, § 2, 10-17-22; Ord. No. 2023-169, § 2, 6-1-23)

A.

Purpose. The purpose of this section is to establish an abbreviated process by which existing (improved) subdivision lots may be replatted without going through the standard process of platting or replatting subdivisions.

B.

Applicability. Individual lots shown on recorded plats that depict easements or front, side, or rear building setback lines may be replatted under this section. The lot shall be improved (building or structure) and there shall be an encroachment upon one or more of the building setback lines or easements indicated on the recorded plat.

C.

Review.

1.

Application. An application, on a form prescribed by the city, shall be completed and submitted together with the following:

a.

The proposed (final) plat of the lot. The record plat should be signed by all lot owners of record and mortgagees, if any.

b.

A survey of the lot and improvements certified by a professional land surveyor registered in the state according to F.S. Ch. 472. The survey should be drawn and submitted on a drawing no less than 11 inches by 17 inches in size.

c.

Copies of the existing recorded subdivision.

d.

Title evidence that conforms to the requirements of F.S. § 177.041.

e.

Taxes paid receipt.

f.

Formal consent of the requisite number of owners of properties within the subdivision or from the authorized representative of the homeowners association of the subdivision or other authorized entity or individual affixed to or attached to the linen or film that will be recorded in the public records.

g.

In the event there is an encroachment over, under, upon or through an easement, the release or extinguishment of the easement from applicable utilities.

h.

An opinion from an attorney addressed to the City of Gainesville that the homeowners association, entity, or owners of property have the authority to amend the restrictions, plat lines, easements, as applicable, and that the consent has been properly executed by the appropriate parties.

2.

Upon receipt of a completed application, the several departments of the city shall review and provide comment.

3.

Upon the adoption of a resolution approving the replat of the single lot, the original linen or stable base film drawing of the replat shall be recorded with the clerk of the circuit court. It shall be recorded by the property owner requesting replat with all fees paid by that owner. Upon recording the replat, copies shall be submitted to the city in the form prescribed by the city.

A.

Minor subdivision standards.

1.

Each proposed lot shall conform to the provisions of this chapter.

2.

All existing principal and accessory structures on each lot must conform to the use and development standards of this chapter.

3.

All lots have city water and sewer services available and constructed to the lot line of at least one lot, with appropriate easements granted to allow future water and sewer connections to each of the lots at the time each lot is developed.

4.

If the proposed minor subdivision abuts a public right-of-way that does not conform to the provisions of section 30-6.6 B., as further specified in the Design Manual, the owner may be required to dedicate, at no cost to the city, one-half of the right-of-way width necessary to meet the minimum design requirements. If the proposed minor subdivision abuts both sides of a substandard street, one-half of the right-of-way width necessary to meet those minimum design requirements may be required from each side. The dedication of this right-of-way or any easements necessary must be accomplished by a separate document. The applicant shall provide the city with legal descriptions of all easements or rights-of-way to be dedicated, and the city shall prepare and record the necessary documents as part of the approval process.

5.

Each lot in the minor subdivision must front for the entire required minimum lot width on a public street or an approved private street, except in minor subdivisions where the lots are organized around a centrally-located common greenspace and individual owners are provided legal rights to ingress and egress to a public street or an approved private street. Where there is no minimum lot width requirement, each lot must abut a public street or approved private street for a width equivalent to the maximum driveway width required in section 30-6.20, plus any required turning radii area. Notwithstanding the above, the length of street frontage may be modified during minor subdivision review by the city manager or designee, based on the need to achieve the most efficient lot layout, access to and from the minor subdivision, operational needs of service vehicles, vehicular circulation and the health, welfare, and safety of the public.

6.

The minor subdivision must create vehicular and pedestrian access to serve the minor subdivision and improve gridded connectivity by connecting to surrounding existing streets and by including new streets within the minor subdivision so that the resulting blocks will not exceed a maximum block perimeter of 2,000 feet or the maximum perimeter set by the zoning district, whichever is less. Modifications to this requirement may be granted by the city manager or designee where the construction of a street is limited by existing conditions such as, but not limited to:

a.

Access management standards;

b.

Regulated environmental features; or

c.

Public facilities, such as, but not limited to, stormwater facilities, parks, or schools.

Alternatively, where the development review director determines that it is not possible to construct the streets that would be required to meet the block perimeter standard, the block perimeter must be completed with the provision of pedestrian and bicycle paths or multi-use paths. The applicant shall, at the expense of the applicant, construct the required streets or paths according to the appropriate city standards as determined through the minor subdivision review process, but may be sited and configured in a manner so that the streets provide the most appropriate access to the minor subdivision and connectivity to the surrounding street network. Where a street or path is planned to provide a future connection to a street or path beyond the extent of the minor subdivision, the applicant shall provide for the connection of the street by stubbing out the road improvements as close as practicable to the boundary of the minor subdivision.

7.

Each approved private street must meet the following requirements in addition to the requirements in section 30-6.8:

a.

An approved private street must be paved to a minimum width of 12 feet wide for one-directional traffic flow and 18 feet wide for two-directional traffic flow. Alternatively, a determination must be made by the city public works department, the city fire rescue department, and city solid waste department that the approved private street is adequate to support service vehicles as necessary to provide municipal services.

b.

The structure and sub-base of the approved private street must meet the standards set forth in the Design Manual.

c.

Each approved private street must be connected directly to a public street or to another approved private street. The method and type of connection will be subject to approval by the city public works department in accordance with the standards set forth in the Design Manual. The private street serving the minor subdivision must have a maximum length of 1,000 feet (measured by traversing the length of the approved private street from its farthest extent to the nearest public street). At the point the private street reaches 1,000 feet in length, the applicant shall provide one of the following, as determined by the city fire rescue department: appropriate emergency connection to the nearest public road, if such a connection can be made on property within the minor subdivision; or a turnaround sized to accommodate fire and rescue vehicles.

d.

The owners of each approved private street shall provide necessary easements to the city for the purpose of providing municipal services. Alternatively, if the city finds the street serves a valid public purpose, the owners may gratuitously dedicate an approved private street for purposes of public right-of-way.

e.

Lots created on an approved private street must be designed to minimize the number of curb cuts onto the street. Shared driveway access is required of adjoining lots, except where an odd number of lots are created, in which case, one lot, as determined by the city public works department, may be allowed to have a separate driveway.

8.

All proposed minor subdivisions must meet the level of service standards in the Comprehensive Plan. Proof of meeting these standards shall exist in the form of a certificate of concurrency exemption, certificate of preliminary concurrency or certificate of conditional concurrency reservation. The approval of a nonresidential minor subdivision in no way reserves capacity for the purposes of concurrency.

B.

Review.

1.

Application. After a mandatory pre-application conference with staff, an application must be completed on a form prescribed by the city and submitted together with the following:

a.

A map of boundary survey and minor subdivision certified by a professional land surveyor registered in the state according to F.S. Ch. 472. The survey must be drawn on a 24-inch by 36-inch linen or stable base film with a three-inch margin on the left for binding, and a one-half-inch margin on the other three sides. Additional information to be shown on the survey must include but not be limited to:

i.

The lot lines, dimensions, legal descriptions and acreages for each lot being created.

ii.

The acreage of the total tract.

iii.

A vicinity map showing the location of the survey in relationship to major thoroughfares.

iv.

A note stating, "THIS IS NOT A RECORD PLAT."

v.

A municipal approval statement, to be signed by the director of planning and development services, director of public works and general manager for Gainesville Regional Utilities or their designee, certifying that the minor subdivision conforms to all applicable ordinances and regulations of the city.

vi.

A statement to be signed by the clerk of the court, stating, "Received and filed as an unrecorded map in accordance with F.S. § 177.132."

vii.

The minor subdivision book and page where the survey is to be filed.

viii.

The exact location of all existing principal and accessory structures on each lot. If the existing structures obscure the alignment of the proposed lots they may be left off the map of minor subdivision and be submitted separately on a boundary survey of the parent parcel. Any shared use of said structures must be clearly stated and shown as easements on the minor subdivision.

b.

A statement indicating the location where water or sanitary sewer service is available to the property, and a statement indicating that all utility service must be installed beneath the surface of the ground in accordance with section 30-8.2, and a statement indicating where stormwater management facilities are available to accommodate stormwater runoff of the proposed development.

c.

If located on an approved private street, a signed consent (on the form provided by the city) from the owners of each approved private street that serves the minor subdivision.

d.

Payment of fees as required by appendix A.

2.

Upon receipt of a completed application, the several departments of the city shall review and provide comment.

3.

Minor subdivisions that require any street, sidewalk, bikeway, bridge, drainage facility, screening wall or any other improvement required under this chapter may receive conditional approval but will not receive final approval or be filed with the clerk of the circuit court until all required improvements are fully constructed and approved by the city. No building permits may be issued for any of the lots until final approval is granted and the minor subdivision is filed.

4.

If the proposed minor subdivision meets the conditions of this section and otherwise complies with all applicable laws and ordinances, the development review director shall approve the minor subdivision.

5.

Upon approval of the minor subdivision, the subdivider shall file with the clerk of the circuit court, with all fees paid by the subdivider, the original linen or stable base film drawing of the survey and any covenants, deed restrictions, or other required documents as an unrecorded map, in accordance with F.S. § 177.132. Upon filing of the approved minor subdivision, the subdivider shall submit to the city, in the form prescribed by the city, copies of the filed minor subdivision and any required documents.

(Ord. No. 170831, § 1, 4-5-18; Ord. No. 200722, § 6, 4-21-22; Ord. No. 211359, § 3, 10-17-22; Ord. No. 2023-169, § 3, 6-1-23; Ord. No. 2024-263, § 2, 10-3-24)

A.

Requirements. To effectuate the purpose of this article, every subdivision of land within the city shall be made in accordance with the requirements specified in this article. Such requirements include a pre-application conference; obtaining design plat approval; obtaining construction plan approval; obtaining final plat approval; constructing required public improvements; and supplying security for the construction and maintenance of such improvements. Proposed residential subdivisions shall meet the level of service standards adopted in the Comprehensive Plan. Proof of meeting these standards shall exist in the form of a certificate of concurrency exemption, certificate of preliminary or final concurrency (as applicable at the particular review stage), or certificate of conditional concurrency reservation.

B.

Pre-application conference.

1.

Required. Prior to the preparation of a design plat, the subdivider shall seek the advice of city staff to become familiar with the subdivision requirements, city policies and provisions of the Comprehensive Plan. The subdivider is encouraged to bring plans and data specified in this section so as to clearly show existing conditions of the site and its vicinity and the proposed layout of the subdivision. It is intended that the procedure will assist the subdivider in preparing a plat that will meet the requirements of this article. This procedure does not require a formal application or fee.

2.

Prohibited or discouraged designs or improvements. As indicated in this article and further referenced in the Design Manual, certain practices, designs or improvements are discouraged or prohibited. If prohibited, a modification will be required in order for the same to be allowed. If discouraged, the same may be allowed by the city commission depending on a proper showing of necessity and the infeasibility of requiring the preferred practices, designs or improvements when applied to the particular circumstances involved.

3.

Concept review (Sketch drawing). The applicant may submit an application for the optional concept subdivision review by city staff, with a sketch that contains the following:

a.

Approximate tract boundaries.

b.

Approximate location with respect to section lines.

c.

Streets on and adjacent to the tract.

d.

Proposed general street layout.

e.

Environmental features including but not limited to significant topographical and physical features, regulated surface waters and wetlands, regulated natural and archaeological resources, creeks, uplands, lakes, wetlands, FEMA and community determined flood plains, and heritage trees.

f.

Generalized existing vegetation, including areas of native forest where the land shows no evidence of prior use for agriculture.

g.

Proposed general lot layout and the total number of lots.

h.

Existing buildings on the property.

i.

Land use and zoning designation of the subject property.

j.

Generalized stormwater management plan.

The review schedule for concept subdivision plans shall follow the same submittal and review schedule for development plans. As far as may be practicable on the basis of a sketch, the reviewer will, without prejudice to the city, advise the subdivider of the extent to which the proposed subdivision conforms to the standards of this chapter and other applicable ordinances or statutes, and will discuss possible plat modifications necessary to secure compliance and whether a traffic study will be required.

C.

Design plat.

1.

Generally. Prior to the recording of an approved final plat, or prior to the conditional approval of a final plat, clearing and grubbing of land, tree removal, and the construction of improvements is expressly prohibited. Following a pre-application conference, the requirements of this section become applicable and supersede any other regulation on tree removal.

2.

Application. After a mandatory pre-application conference with staff, an application shall be completed on a form prescribed by the city and submitted together with the applicable fee. Each application shall include multiple copies of the design plat as necessary to facilitate the review process, prepared in accordance with the standards specified in this chapter and including all of the specifications set forth in this section. Proposed residential subdivisions shall meet the level of service standards adopted in the Comprehensive Plan. Proof of meeting these standards shall exist in the form of a certificate of concurrency exemption, certificate of preliminary concurrency or certificate of conditional concurrency reservation.

3.

Fees. The fee required with an application for design plat approval shall be as set forth in appendix A. Such fees are required to defray the cost of filing the application, notifying interested parties, conducting investigations, and holding hearings on the design plat and final plat.

4.

Developments of regional impact. For any subdivision that is presumed to be a development of regional impact as provided in F.S. Ch. 380 and Chapter 27F, Florida Administrative Code, additional copies of the design plat and a completed application for development approval shall be submitted for filing with the regional planning agency and the state land planning agency.

5.

Specifications.

a.

The design plat shall be drawn clearly and legibly at a scale of at least one inch equals 100 feet on linen or stable base film, using a sheet size of 24 inches by 36 inches, reserving a three-inch binding margin on the left side and a one-inch margin on the other three sides. If more than one sheet is required, an index map relating each sheet to the entire subdivision shall be shown on the first sheet. The design plat shall be prepared by a land surveyor, signed and sealed before review, and shall contain the following information:

i.

Proposed name of the subdivision.

ii.

Name and registration number of surveyor.

iii.

Date of survey approval, north point with bearing or azimuth reference clearly stated in the notes or legend, graphic and written scale, and space for revision dates.

iv.

Vicinity map showing location with respect to major roads and acreage of the subdivision.

v.

Boundary line of the tract by bearings and distances.

vi.

Legal description of the tract to be subdivided.

vii.

Preliminary layout including streets, alleys and easements with dimensions and proposed street names, lot lines with approximate dimensions, land to be reserved or dedicated for public uses, and designation of any land to be used for purposes other than single-family dwellings.

viii.

Total number of lots.

ix.

The front building setback line for each lot.

x.

An inscription stating "NOT FOR FINAL RECORDING."

xi.

Sidewalks, on all streets, on both sides, and at least five feet wide.

b.

The design plat shall also contain or be accompanied by:

i.

The name, address, and telephone number of the property owner and of any agent of the property owner involved in the subdivision of the property.

ii.

The exact locations, names, and widths of all existing streets, alleys, and recorded easements within and immediately adjoining the subdivided lands.

iii.

The location and a general description of any utilities facility on the subdivision tract.

iv.

The invert elevation of existing and proposed sewers.

v.

The location and size of existing improvements on the subdivision tract.

vi.

The zoning and land use plan designations of lands within the subdivision tract and of abutting property.

vii.

Natural and manmade features on the subdivision tract, including creeks, ponds, lakes, sinkholes, wetlands, watercourses, municipal, and community wellfield management zones, major aquifer recharge areas, and lands within the floodplain and flood channel as shown on the community determined flood control maps and FEMA.

viii.

The location of all major tree groupings and identification of all heritage trees by genus and species on the subdivision tract, a designation of which tree groupings and heritage trees are proposed to be removed, and identification by genus and species of all regulated trees located in or within 15 feet of any proposed right-of-way or utility improvement. A generalized landscaping plan that shows the locations of the required shade trees with the appropriate space allocations to meet code requirements for street trees, buffers, retention basins, and stormwater management facilities. The design plat and the final plat shall include a statement that all champion and high quality heritage trees shall be preserved or mitigated in accordance with the requirements of this code.

ix.

Stormwater management plan in accordance with this chapter and the Design Manual.

x.

A soil survey map.

xi.

A generalized statement outlining, as far as is known, the subsurface conditions of the subdivision tract, including subsurface soil, rock, and groundwater conditions, the location and results of any soil permeability tests, the location of any underground storage tanks, and the location and extent of any muck pockets.

xii.

A topographic map of the subdivision tract and a minimum of 100 feet or more of the surrounding area as required to determine the offsite drainage and any impacts caused by or related to the offsite drainage. The map shall be prepared by a land surveyor, with maximum intervals of one foot where overall slopes are no more than two percent, two feet where slopes are between two and ten percent, and five feet where slopes are ten percent or greater based on North American Vertical Datum, 1988.

xiii.

A general location map showing the relationship of the subdivision tract to such external facilities as streets, residential area, commercial facilities, and recreation or open space areas, and greenways, within one mile of the tract.

xiv.

A plan for the elimination and future control of invasive non-native plant species from the site. The non-native removal shall be completed as specified in the management plan prior to the issuance of the first certificate of occupancy and yearly inspections for three years to assure that infested areas have remained at less than ten percent of the initial population.

c.

If the proposed subdivision contains land located within the floodplain as shown on the community determined flood control maps and FEMA maps, the subdivider shall be required to submit topographic information for areas adjoining sides of the channel, cross sections for land to be occupied by the proposed development, high water information, boundaries of the land within the floodplain and other pertinent information.

d.

If the proposed subdivision includes regulated surface waters or wetlands, or regulated natural and archaeological resources, the subdivider shall be required to submit the following additional information for those areas designated:

i.

A design plat showing buffer distances between the areas to be developed and regulated surface waters and wetlands, and regulated natural and archaeological resources.

ii.

Square footage and percent of total subdivision tract to consist of impervious surface.

iii.

A description of strategies to protect or restore environmental features on the subdivision tract.

iv.

Projected on-site and off-site water quality impacts to outstanding Florida waters (OFW) that may result from the proposed subdivision.

v.

Any required set-aside, conservation management area, or mitigation area.

6.

Officials' examination.

a.

The design plat shall be reviewed and commented on by the technical review committee and other applicable departments and agencies.

b.

The public works director or designee shall examine the design plat to determine if the application conforms to criteria for general engineering, traffic stormwater management, flood plains and maintenance easement requirements.

c.

The general manager for utilities or designee shall examine and check the design plat for needed utility easements.

d.

The planning and development services department shall, at the development review board and city commission hearings on the design plat, report the findings and recommendations of the reviewing officials and county, state, and federal agencies, together with an analysis of the conformance and nonconformance of the design plat to the provisions of this chapter and other applicable requirements.

7.

Development review board review.

a.

At a scheduled public meeting, the development review board will receive reports on and review the design plat to determine its conformance with all applicable requirements.

b.

The development review board review shall include consideration of staff findings and evidence and testimony from the general public. The board shall determine if the proposed subdivision is in conformity with the general goals and objectives of the city with respect to the Comprehensive Plan; the city's official roadway map; existing zoning requirements, including amendments thereto; policies and plans established by the city with respect to neighborhoods, lake levels, water supply, maintenance of the tree canopy levels identified in the Comprehensive Plan, control of invasive non-native plant species, protecting environmental features, provision for emergency access, consideration of pedestrian, bicycle and transit access and greenway connections, waste disposal and other essential utilities; the overall stormwater management plan including landscaping of stormwater management basins; and policies for development in any special improvement and redevelopment districts. Particular attention shall be given to the arrangement, location, and width of streets, the provision of high quality shade trees along the streets, their relation to the topography of the land, water supply, sewage disposal, stormwater management, lot sizes and arrangement, and the present or future development of abutting property.

c.

The board may approve the design plat as presented if found to be in compliance, require modifications, or disapprove the plat. Approval of the design plat, subject to conditions, revisions and modifications as stipulated by the board, shall constitute conditional board approval of the subdivision as to the character and intensity of development and the general layout and approximate dimensions of streets, lots and other proposed features. If the design plat is disapproved, the Development Review Board shall indicate the reasons therefor.

8.

City commission review.

a.

Within 60 calendar days after development review board approval, the subdivider shall file with the city at least three copies of the design plat, including any modifications imposed by the development review board. If the subdivider does not file the design plat within the prescribed time period, no preliminary development order shall be issued unless an extension of time is requested in writing prior to the expiration of that period and is granted by the city commission. In granting an extension, the city commission may attach such other restrictions or conditions as the commission deems appropriate to serve the public interest. In the case of residential subdivisions, the city commission may vote to grant extensions for design plat review of up to six months only and only if the subdivider possesses a valid, unexpired certificate of concurrency exemption, certificate of preliminary concurrency or certificate of conditional concurrency reservation, as appropriate. Further extensions for city commission review of design plats for residential subdivisions shall require a new concurrency review.

b.

The city commission shall review the recommended design plat and consider findings made by the development review board and staff. The city commission shall determine if the proposed subdivision is in conformity with the general goals and objectives of the city with respect to the Comprehensive Plan; existing zoning requirements, including all amendments thereto; policies and plans established by the city with respect to neighborhoods, lake levels, water supply, sustaining the urban forest, protecting environmental features, provision for emergency access, consideration of pedestrian, bicycle, vehicle, and transit access and greenway connections, waste disposal and other essential utilities; the overall stormwater management plan; and policies for development in any special improvement and redevelopment districts. Particular attention shall be given to the arrangement, location, function, and width of streets, their consistency with the goal of developing a multimodal transportation network and providing sufficient space for street trees both above and below ground, their interaction with the overall transportation system and relation to the topography of the land, water supply, sewage disposal, stormwater management, lot sizes and arrangement, and the present or future development of abutting property.

c.

The commission may approve the design plat as presented if found to be in compliance, require modifications, or disapprove the design plat if it is not in compliance. If disapproved, the design plat shall be redesigned before resubmission for approval.

d.

Effect of approval. Approval of the design plat by the city commission is a preliminary development order. It shall not constitute acceptance of a final plat but shall be deemed an expression of approval of the layout submitted as a guide to the preparation of the final plat. The preliminary development order and the associated design plat shall expire and be of no further effect 12 months from the date of approval unless either a timely final plat is filed for approval or the time is extended with appropriate conditions by the city commission prior to expiration; otherwise, the subdivider shall reapply for design plat approval in accordance with the provisions of this chapter. In the case of residential subdivisions, the city commission may vote to grant extensions of up to six months only, and only if all the concurrency management requirements of this chapter can be met and if the extension would not be in conflict with any other ordinance of the city. The approval of nonresidential subdivisions in no way reserves capacity for the purposes of concurrency. This provision regarding the effect of approval and expiration of a design plat shall not be subject to a variance or otherwise superseded by any ordinance or regulation of the city.

D.

Construction plans.

1.

Preparation. Following city commission approval of the design plat, the subdivider shall submit construction plans and specifications for all subdivision improvements required in accordance with this article. The construction plans shall be prepared by an engineer registered in the state in conformance with this article, the Design Manual, and other applicable local, state, and federal regulations.

Plans for the proposed improvements and a boundary survey shall be required. The improvement plans shall show the proposed locations, sizes, types, grades, and general design features of each facility, and shall be based upon reliable field data. These drawings shall include, at a minimum, a topographic map, stormwater management plan, a landscape plan, an invasive exotic plant control plan, and construction drawings showing street profiles, street cross sections, and water supply, sewer and stormwater management as specified by the public works department and Gainesville Regional Utilities and all champion and heritage trees identified for preservation or removal, with protective barricades drawn to scale. The landscape plan shall show all buffers and stormwater management areas as well as the locations and specifications for street trees.

2.

Review. The subdivider shall submit multiple sets of plans as necessary to facilitate review by the city in accordance with development review. The construction plans shall be approved if they are consistent with the approved design plat and comply with all standards and specifications. If the construction plans are not consistent with the design plat as approved by the city commission or do not comply with all standards and specifications, the city shall issue either:

a.

Conditional approval, subject to any necessary modifications that shall be indicated on the plans or attached to them in writing; or

b.

Disapproval of the construction plans or any portion thereof, indicating in writing the reasons for the disapproval. The subdivider shall be responsible for timely resubmittal of acceptable plans within 12 months from the date of approval of the preliminary development order.

E.

Final plat.

1.

Generally. The final plat shall conform to the design plat as approved by the city commission and shall incorporate all modifications and revisions specified in the approval, except shifts in stormwater and roadway facilities that do not change lot layout may deviate from the design plat with approval from the city manager or designee.

2.

Application. After approval of the design plat and construction plans, the final plat and other information required in this section shall be submitted in the correct form as prescribed by the city. The following shall be submitted for the final plat review:

a.

The original stable base film tracing of the final plat prepared in accordance with the requirements of this article, F.S. Ch. 177, and any other applicable statutes and ordinances.

b.

A title opinion of an attorney at law licensed in Florida or a certification by an abstractor or title company as required by F.S. Ch. 177.

c.

Applicable public improvement security documents.

d.

An additional fee as set forth in appendix A to defray the expense of investigating, holding hearings and acting upon the final plat.

e.

An additional fee as set forth in appendix A to defray the expenses of inspection of roadway and drainage facilities by the city manager or designee.

3.

Specifications. The final plat shall be legibly drawn at a scale of at least one inch equals 100 feet using a sheet size of 24 inches by 36 inches, reserving a three-inch binding margin on the left-hand side and a one-inch margin on the other three sides. If more than one sheet is required, an index map relating each sheet to the entire subdivision shall be shown on the first sheet. The final plat shall be prepared by a land surveyor in accordance with and include all of the information required by F.S. Ch. 177. The final plat shall also contain:

a.

The exact boundary line of the tract.

b.

A vicinity map showing the location and acreage of the lands subdivided.

c.

The location of all creeks, ponds, lakes, sinkholes, wetlands, and watercourses within the subdivided lands and any part of the lands within the flood channel or floodplain as shown on the city's flood control maps adopted pursuant to this chapter as of the date of final plat submission.

d.

The front building setback line for each lot.

e.

Any subdivision boundary that is within a half-mile radius of any horizontal geodetic control monument established by the county control densification survey or National Geodetic Survey Horizontal or Vertical Control Network bearing confirmed coordinate values related to the 1983 and the 1990 North American Datum Adjustment shall conform to the following requirements:

i.

All final plats shall identify all horizontal and vertical geodetic control monuments as described above located within 500 feet of the proposed plat boundary.

ii.

All plats shall have a minimum of three permanent reference monuments per 40 acres of platted subdivision, which shall have state plane coordinates established from the 1983 and the 1990 North American Datum Adjustment delineated on the plat and shall be tied directly to the plat boundaries.

iii.

All plats shall have a minimum of two benchmarks located and described with the plat that shall be projected from North American Vertical Datum, 1988, or later.

iv.

The basis of bearings for all plats shall be grid north as established from the county control densification survey and state plane coordinate system or National Geodetic Survey Horizontal Control Network.

v.

The state plane coordinates and bearing basis shall be established by conducting a self-closing traverse between two horizontal geodetic control monuments. Each traverse shall meet or exceed third order class one standards of accuracy as described in the most recent version of the Standards and Specification for Geodetic Control Network (SSGCN), as set forth by the Federal Geodetic Control Committee. When a development contains multiple units, a major control traverse tied to two horizontal geodetic control monuments may be submitted with the first phase, with subsequent units being tied to this control traverse.

vi.

A traverse sheet identifying the field angles, permanent reference points, distances and the adjustments shall be submitted on 8½-inch by 11-inch paper with the plat submitted for final development review. Copies of the field notes shall also be submitted. All documents shall be signed and sealed by a surveyor.

vii.

All geodetic monuments, including traverse stations set for the county control densification survey, that fall within the limits of a development shall be shown on the development plan and construction plans. All geodetic monuments that are in danger of being disturbed or destroyed shall be referenced by a surveyor prior to the start of construction and reset by a surveyor after the construction is complete. If it is not practical to reset the geodetic monument in its original position, an off-set monument may, with the approval of the city manager or designee, be set. The referencing and resetting of a geodetic monument shall be in accordance with the specifications set forth in Article 2.1 of the SSGCN. Traverse stations shall require an accuracy of third order class one and primary stations and their Azimuth marks shall require second order class one accuracy standards. The surveyor who resets the geodetic monument shall be responsible for the preparation and submittal of all documents necessary for the notification of the state department of environmental protection, city engineer, the county property appraiser's office and any other appropriate government agency. Notification shall include, but not be limited to, a complete description of the geodetic monument with all its accessories, an accurate how-to-reach description, the date of last station recovery, the name of the person recovering monumentation, and the address of the recovery party. This work shall be performed prior to the final inspection and/or acceptance of the development.

viii.

Any person who disturbs or destroys a geodetic monument shall be fully responsible for the expense of having the monument reset by a surveyor. The city may, at the expense of the person responsible for disturbing or destroying the monument, have a surveyor reset the geodetic monument in accordance with the specifications set forth in Article 2.1 of the SSGCN.

ix.

For purposes of this section, a surveyor means a person who is registered to engage in the practice of surveying and mapping under F.S. Ch. 472.

4.

Review.

a.

Staff review. Prior to final plat approval, city staff and the city attorney's office shall review the proposed plat and supporting documents. If the proposed plat and supporting documents meet the technical requirements of this chapter and other applicable laws and ordinances, the departments shall approve the plat as to the requirements within their areas of responsibility.

b.

City commission review. If the final plat is consistent with the design plat as approved by the city commission, meets all requirements of this chapter, and otherwise complies with all applicable laws and ordinances, it shall be forwarded to the city commission for final consideration. Upon approval, the final plat shall bear certification of the approval by the city clerk.

5.

Recording. Upon approval of the final plat by the city commission, the original linen or stable base film tracing of the final plat, any required covenants or deed restrictions, and the declaration of condominium if the subdivision is a condominium development, shall be recorded with the clerk of the circuit court by the subdivider with all recording fees paid by the subdivider within 15 calendar days from the date the final plat has been returned to the subdivider by city staff. Recording the approved final plat shall constitute a final development order. Within 15 calendar days from the date of recording, three Mylar copies of the recorded plat and three paper copies of the recorded plat signed and sealed by the clerk of the circuit court shall be submitted to the city.

(Ord. No. 170831, § 2, 4-5-18; Ord. No. 211052, § 3, 6-16-22)

A.

Generally.

1.

Within 12 months after final plat approval, the subdivider shall construct the subdivision improvements required by this section, other applicable ordinances and statutes, and such additional standards and specifications as may be adopted from time to time by the city commission.

2.

An engineer shall design the installation of all streets, sidewalks, bikeways, drainage structures, bridges, bulkheads, and water and sewer facilities.

B.

Monuments.

1.

Permanent reference monuments (PRM's) and permanent control points (PCP's), as defined in F.S. Ch. 177, shall be placed as required by F.S. Ch. 177. PRM's shall be set in the ground so that the upper tip is flush with or no more than one foot below the finish grade.

2.

All lot corners shall be designated with a permanent marker such as an iron rod, iron pipe or concrete monument.

3.

The land surveyor shall, within one year after city commission approval of the final plat, including conditional approval if applicable, certify that the above-required monuments have been set and the dates they were set.

C.

Inspection of improvements.

1.

The directors of public works and Gainesville Regional Utilities shall be authorized to inspect required subdivision improvements during construction to ensure that the work is in accordance with the approved plans and specifications. If any substantial changes are required in the approved plans or specifications during construction, the changes shall be submitted for approval of the directors of public works and Gainesville Regional Utilities as applicable.

2.

The subdivider shall retain a reputable recognized commercial laboratory that shall certify all materials and perform and certify all required density, LBR, concrete or other tests as may be required by the city when reasonably necessary to ensure that all improvements are constructed as per approved plans and specifications.

D.

Acceptance for maintenance.

1.

Prior to acceptance for maintenance by the city, the subdivider shall notify the Gainesville Regional Utilities in writing that all required subdivision improvements have been completed. Upon receipt of notice from the subdivider, the Directors of Public Works and Gainesville Regional Utilities will make an inspection of the construction work. If work is found to be satisfactorily completed, the city will accept the improvements for maintenance.

2.

Acceptance for maintenance is intended to mean normal maintenance functions as routinely performed by the city. It shall not include removal of soil accumulations on streets caused by excessive erosion from adjacent lots, either prior to or during building construction within the subdivision. It shall not include damage to any improvements caused by private construction or private utility vehicles within the one-year maintenance period. All decisions regarding abnormal damage or maintenance shall be made by the public works department or Gainesville Regional Utilities.

A.

Construction security. Except as otherwise provided in this section, no final plat of any subdivision shall be approved by the city unless security is filed with the city to secure the construction and completion of the required subdivision improvements in a satisfactory manner within 12 months from the date of final plat approval. If the subdivider fails to construct and complete the required subdivision improvements within the required time frame, the city shall use the security to complete the required subdivision improvements. In determining the cost of the improvements for which security is required, improvements otherwise covered by a separate bond or security arrangement between the subdivider and the city and those improvements already constructed and approved by the director of public works shall not be included. The form of security shall be one of the following:

1.

Surety bond. A surety bond executed by a surety company authorized to do business in the state with a rating of not lower or less than A-XII as rated by A.M. Best Company, Inc., an independent national rating service for surety companies. The surety bond shall be enforceable by and payable to the city in a sum at least equal to 120 percent of the total cost of the required subdivision improvements provided in the subdivision as estimated by the subdivider's engineer and verified and approved by the directors of public works and Gainesville Regional Utilities. The surety bond shall be first approved by the city attorney as to form and legality prior to its submission with the proposed final plat to the city commission for approval and shall be executed by both the subdivider and the party or parties with whom the subdivider has contracted to perform the work and construct the improvements.

2.

Cash deposit. A cash deposit with the city in the same amount that would be required for the surety bond, which cash shall be deposited with the director of management and budget of the city and held under the same conditions as are required in a surety bond. Such deposit will be held for the developer and, in the event of any nonperformance by the developer as required by the ordinances of the city, will be used by the city to complete the required subdivision improvements. During construction, upon the request of the subdivider, and upon inspection and approval of construction and costs thereof by the city, the city shall refund to the subdivider an amount equal to the approved costs for such improvements; provided, at no time shall the balance of the cash deposit with the city be reduced to less than 30 percent of the estimated costs of the subdivision improvements until all the subdivision improvements are completed and so certified to by the city. Interest earned on all such cash deposits with the city shall be for the account and to the credit of the person or persons making such deposit.

3.

Letter of credit. Deposit with the city and place with the city manager or designee an irrevocable and unconditional letter of credit by a Florida bank. The letter of credit shall be for an amount equal to 120 percent of the estimated costs of the required subdivision improvements. The letter of credit shall remain with the city as a valid letter of credit until the city is satisfied that all construction of required subdivision improvements has been completed in accordance with plans and specifications and that all other provisions of this chapter relating thereto have been fully complied with.

4.

Construction loan agreement.

a.

Deposit with the city a construction loan agreement in the amount of at least 120 percent of the estimated cost of the required subdivision improvements, which agreement shall be entered into by a recognized lending institution with the subdivider for the benefit of and satisfactory to the city, providing that:

i.

The lending institution will make payments on the proceeds of the loan to the city if the subdivision improvements are not completed and approved by the city within the time required;

ii.

No payments of proceeds of the portion of the loan reserved for improvements shall be made to anyone until the city has approved the payment, which approval will be given if work is accomplished in accordance with approved plans and specifications and ordinances of the city; and

iii.

At no time will the loan proceeds be expended by that lending institution in excess of 90 percent of the estimated costs of the required subdivision improvements until all the improvements are completed and so certified to by the city.

b.

Deposit with the city a construction loan agreement in the amount of at least 100 percent of the estimated cost of the required subdivision improvements, which agreement otherwise meets the requirements of Subsection a. above, and an unconditional guaranty from the subdivider in the amount of at least 20 percent of the estimated cost of the required subdivision improvements that meets the following requirements:

i.

Absolutely and unconditionally, jointly and severally, guarantees to the city the full and prompt payment of the amount set forth in the guaranty that will be used by the city to complete the required subdivision improvements, and the complete performance of the subdividers of all conditions and requirements to be performed by the subdivider under the City Code;

ii.

Unconditionally, jointly and severally, agrees to pay all reasonable expenses and charges, legal fees and other fees (including attorney's fees and costs, including court costs at trial, appeal or bankruptcy proceeding) paid or incurred by the city in enforcing the unconditional guaranty;

iii.

Jointly and severally agrees to indemnify and hold harmless the city, its elected and appointed officers, employees, and agents from any loss suffered or occasioned by the failure of the subdivider to satisfy its obligations to third parties arising out of the subdivision of the land;

iv.

Binds the guarantors and their successors and assigns, and inures to the benefit of the city; and

v.

Makes such other representations and warranties requested by the city manager or designee to protect the interests of the city.

5.

Combination. Use a combination of the allowable security types as provided for in this section in order to reach the total of 120 percent of estimated costs of required subdivision improvements.

B.

Conditional final plat.

1.

In lieu of the security requirements of this section, the city commission may approve a conditional final plat, where approval of the plat is conditioned on the subdivider proceeding with installation of the required subdivision improvements and fully completing the improvements, in full accordance with approved plans and specifications and the ordinances of the city, within two years of the date of conditional final plat approval. The plat shall not be recorded, but shall be retained by the city clerk until the city manager shall have certified that all required subdivision improvements have been completed in accordance with approved plans and specifications and ordinances of the city and the same has been approved by the city commission. Upon certification by the city manager and upon proof by title insurance or other similar assurance to the satisfaction of the city that there are no liens or possibilities of liens on the subdivision improvements or on the property to be dedicated to the public, and that the dedicator has clear fee title thereto, the city shall approve the final plat and accept the dedication of the public right-of-way easements, and other dedicated portions as previously shown on the prior approved plat as set out in this chapter, and the subdivider shall record the plat and provide copies as specified in section 30-3.37.

2.

No building permits shall be issued on property within the boundaries of the subdivision plat until the plat shall have been approved and accepted by the city commission and placed on record in the public records of the county.

3.

During construction the subdivider may, upon the posting of a bond or other such security for the cost of the uncompleted improvements, have a prior conditional approval converted to final approval and acceptance provided that all other requirements and conditions of this chapter applicable to final plat acceptance have been met.

C.

Maintenance security.

1.

Under any arrangement for subdivision development within the city, the subdivider is obligated to the city for any necessary repair of all required subdivision improvements under the ordinances of the city for the period of one year following the date the city accepted the improvements for maintenance. During the one-year period, the subdivider shall provide the city with security in a form set forth in this section in an amount equal to 15 percent of the costs of the required subdivision improvements, which may be used by the city to pay the costs of any necessary repairs and maintenance on the subdivision improvements during the one-year period.

2.

In those developments where lands and improvements remain under private common ownership, instruments relating to the use and maintenance of such areas and improvements shall be required. The city may require the establishment of an appropriate entity and the execution and recording of any appropriate legal instrument necessary to ensure the maintenance, protection, and preservation of common areas designated on the plat. The title to all land and improvements that are shown on the plat as common areas, private roads, etc., shall be held and continue to be held so as to ensure their proper maintenance and care and to permit and ensure their continued use as intended in the approved plat. The instruments shall include means legally enforceable by the city, the subdivider and his/her successors to guarantee payment of such sums of money as are necessary for the maintenance; and all conveyances or transfers of any interest in any of the property of the development shall be legally encumbered of record so as to guarantee the continued use of the common areas and roads as contemplated by the plat and the guarantee of the payment of the cost of the maintenance.

(Ord. No. 211052, § 4, 6-16-22)

A.

Generally. No subdivision shall be made, platted or recorded, nor any building permit issued on subdivided lands, unless the subdivision meets all the requirements of this chapter and has been approved in accordance with the requirements provided in this chapter. The city or any aggrieved person may have recourse to such remedies in law and equity as may be necessary to ensure compliance with the provisions of this chapter, including injunctive relief to enjoin and restrain any person from violating the provisions of this chapter, and any rules and regulations adopted under this chapter.

B.

Building permits and certificates of occupancy. No building permit or certificate of occupancy shall be issued for any lot or parcel of land subject to the provisions of this chapter, except as follows:

1.

If the lot or parcel is within a subdivision for which a final plat has been approved by the city commission and recorded and the required subdivision improvements have been installed and accepted for maintenance by the city, both a building permit and a certificate of occupancy may be issued.

2.

If the lot or parcel is within a subdivision for which a final plat has been approved by the city commission and recorded and security for the required subdivision improvements has been provided by the developer in accordance with this division, a building permit may be issued, but no certificate of occupancy may be issued unless the city manager determines that all required subdivision improvements serving such lot or parcel have been satisfactorily completed and that reasonable ingress and egress can be provided to the lot or parcel and the remaining portions of the subdivision until all improvements are complete and the required maintenance security is received and approved.

3.

If the lot or parcel is within a minor subdivision that has been approved by the director of planning and development services, city engineer, city traffic engineer and deputy manager for utilities (or their designees) in accordance with the provisions of this chapter.

4.

If the lot or parcel is part of a legal lot split that has been approved by the city manager or designee in accordance with the provisions of this chapter.

5.

If the lot or parcel is a nonconforming lot, then as provided in article X.

C.

Violations. Any person who, in connection with a subdivision of lands, shall do or authorize any clearing and grubbing, or shall lay out, construct, open, or dedicate any street, sanitary sewer, storm sewer, water main, or drainage structure, or shall erect any building or transfer title to any land or building, without having first complied with the provisions of this chapter, or who performs any of such actions contrary to the terms of an approved subdivision plat, or who otherwise violates this chapter, shall be guilty of an offense. Each day that the violation continues shall constitute a separate violation.

A.

Review procedures.

1.

Application. An application to vacate a public right-of-way may be submitted by either the city commission or by all the owners of land abutting the subject right-of-way.

2.

Board review. Applications to vacate a public right-of-way shall be reviewed by the city plan board and the city commission according to the criteria provided in this section, with notice of the board hearings provided in accordance with law and this article. The city plan board's review shall be a recommendation to the city commission. Prior to the public hearing before the city plan board, the application shall be reviewed by city staff in accordance with the development plan review process as stated in this article.

B.

Review criteria. Rights-of-way may only be vacated by the city commission upon its finding that the criteria in both subsections 1. and 2. as provided below have been met:

1.

The public right-of-way no longer serves a public purpose and the vacation of the public right-of-way is in the public interest, which shall be based on a consideration of the following:

a.

Whether the public benefits from the use of the subject right-of-way as part of the city street system;

b.

Whether the proposed action is consistent with the Comprehensive Plan;

c.

Whether the proposed vacation is consistent with the minimum block size requirements and other applicable street connectivity standards;

d.

Whether the proposed action would deny access to private property;

e.

The effect of the proposed action upon public safety;

f.

The effect of the proposed action upon the safety of pedestrians and vehicular traffic;

g.

The effect of the proposed action upon the provision of municipal services including, but not limited to, emergency service and waste removal;

h.

The necessity to relocate utilities both public and private; and

i.

The effect of the proposed action on the design and character of the area.

2.

If the public right-of-way is an improved street, the city shall not vacate the right-of-way except if the following additional criteria are met:

a.

The loss of the street will not foreclose reasonably foreseeable future bicycle/pedestrian use;

b.

The loss of the street will not foreclose non-motorized access to adjacent land uses or transit stops;

c.

For public right-of-way abutting any property located within the U4 through U9 transect zones or any property within a mixed-use zoning district, the loss of the street is necessary for development that includes the construction of a high density, mixed-use project containing both residential and non-residential uses or creating close proximity of residential and non-residential uses; and

d.

There is no reasonably foreseeable need for any type of transportation corridor for the area.

C.

Vacation conditions. The applicant shall pay all costs associated with relocating all public facilities, infrastructure, and utilities located within the vacated public right-of-way or as otherwise required by the vacation, and shall also compensate the city with fair market value for the property as may be applicable in accordance with the city's adopted policy for the disposition of real property.

(Ord. No. 200731, § 1, 9-15-22)

The purpose of this division is to promote harmonious, functional relationships among the various elements within any development such as the location of activities, vehicular and pedestrian circulation systems, and visual form. Development plan review is intended to permit maximum flexibility in reviewing each plan on its merits and encourage variety and innovation within the intent and purpose specified for each zoning district and the minimum requirements specified in the Code of Ordinances.

A.

This division sets forth the application and review procedures required for obtaining development orders and certain types of permits. Development activity may be undertaken only when the activity is authorized by a final development order and any required development permits are issued by the city. A final development order shall be issued only when all applicable procedures, inspections, and reviews have been completed as provided in this chapter.

B.

Development orders are transferable. However, so long as the land or structure or any portion thereof covered under the site development order continues to be used for the purposes for which it was issued, then no person (including successors and assigns of the person who obtained the site development order) may make use of the land except in accordance with the conditions and requirements of the site development order. The provisions of the site development order run with and burden the real property to which it relates until release or amended in accordance with formal action of the city.

The following development activities do not require development review under this article:

A.

Signs. New signs and modifications or removal of existing signs that are authorized by a sign permit issued by the city.

B.

Removal of regulated trees. The removal of regulated trees that is authorized by a tree removal permit issued by the city and is not associated with a development plan.

All development requires rapid, intermediate, or major development review in accordance with the thresholds set forth in the table below. Any development activity below the thresholds identified for rapid review will be reviewed in conjunction with a building permit application. Development that includes components within different thresholds will be reviewed as one submittal in accordance with the highest threshold that is triggered by the development.

Table III-2. Levels of development review.

Notes to Table:

Development plan review by the appropriate board is required when the development includes one or more requests for a variance per this article.

Table III-3. Summary of development review process.

(Ord. No. 200722, § 7, 4-21-22)

An application for a development plan or amendment to any previously approved development plan may be approved only if the application meets both of the following criteria:

A.

The plan meets submittal requirements of the Land Development Code, including payment of fees, and complies with submittal schedules to provide adequate notice and review; and

B.

The proposed development is consistent with the Comprehensive Plan and complies with the Comprehensive Plan, the Land Development Code, and other applicable regulations.

A.

First-Step meeting. Prior to filing an application for development plan review, the applicant shall attend a first-step meeting to discuss the development review process, code requirements, and to confer with staff about the development process. Comments made by staff at a first-step meeting are made solely for preliminary informational purposes and may not be construed as an approval or denial or agreement to approve or deny any development order.

B.

Application. A completed application, on the form provided by the city, must be signed and notarized by all owners of the property and by any agents of the owners. Applicable fees, attachments, and other information as deemed necessary by the city must be submitted as part of the application. The city manager or designee shall determine completeness based on level of review required, the nature of the proposed development and other requirements as set forth in this chapter, the Comprehensive Plan, and other city requirements deemed necessary to provide a professional and complete review and evaluation of the application.

C.

Review. If the application is determined to be complete, the application and associated materials will be reviewed by the applicable reviewing authority in accordance with the review criteria provided in this division, and the reviewing authority shall decide one of the following:

1.

Find that all requirements of the review criteria provided in this division have been met and issue a final development order;

2.

Find that all requirements of the review criteria provided in this division can be met with conditions specified in writing and issue a preliminary development order, which requires final review as provided in this section; or

3.

Deny the application based upon a determination that the proposed development, even with reasonable modifications and conditions, does not meet the review criteria set forth in this division.

D.

Preliminary development orders.

1.

A preliminary development order must contain the following:

a.

An approved development plan, with a listing of conditions and modifications, if required, in order for a final development order to be issued. The modifications must be described in sufficient detail and exactness to inform the applicant to amend the plan accordingly. However, the failure to list all requirements of this chapter and other regulations of the city will not relieve the applicant from complying with such requirements and regulations at the time of issuance of a final development order.

b.

Notice that the preliminary development order does not constitute a final development order and that subsequently adopted ordinances, regulations, and laws may require additional amendments to the proposal.

c.

An initial determination of concurrency.

2.

A preliminary development order will be effective for six months from the date of approval. During this six-month period, the applicant shall seek final development approval. At the request of the applicant and for good cause shown, the reviewing authority may extend the period for obtaining final development order approval for a period of up to 12 months from the date of approval of the preliminary development order.

E.

Final development orders.

1.

A final development order must contain the following:

a.

An approved development plan.

b.

A certificate of final concurrency.

c.

The expiration date for the final development order. A final development order will remain valid only if development commences and continues pursuant to an active building permit to completion with due diligence and in good faith according to the terms and conditions of approval.

2.

A final development order will be effective for a period of one year from the date of approval unless otherwise specified in the order.

(Ord. No. 200722, § 8, 4-21-22)

After a final development order has been issued, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of the order without first obtaining an amendment to the approved development order. Amendment of the development plan shall be made in accordance with the process for development review.

A.

Purpose. Master plan review is an optional step for projects that fall within the intermediate or major level of development review. A master plan is intended to provide for large area planning for phased developments. The intent of the master plan is to identify internal and external connectivity, regulated natural and archeological resources, and developable areas.

B.

Review and effect. Master plans are reviewed by the technical review committee in accordance with the process set forth in this division for development plan review, and must demonstrate that the completed development will be consistent with this chapter and with the Comprehensive Plan. Each phase must include a proportionate share of any required recreational and open space, and other site and building amenities of the entire development, except that more than a proportionate share of the total amenities may be included in the earlier phases with corresponding reductions in the later phases. An approved master plan will serve as a basis for review of future development plans in the phased development, and individual phases or portions of the project must be consistent with the approved master plan.

C.

Expiration of master plan. A master plan shall be effective for up to five years from the date of approval.

(Ord. No. 170974, § 2, 2-21-19)

Concept review is optional for all intermediate and major development. Concept review is intended for the applicant to receive public input and city comments on a concept for development prior to the preparation of detailed plans and data and to alert an applicant to issues with, or objections to, a particular proposed development. Concept plans should address conformity with the Comprehensive Plan, zoning standards, site design, environmental concerns, concurrency, and transportation issues. The concept plan is reviewed by the technical review committee and by the appropriate reviewing board. Comments made by the technical review committee and the reviewing board during concept review are made solely for informational purposes and shall not be construed as an approval or denial or agreement to approve or deny a development order. The reviewing board shall issue no order, finding or other indication of approval or disapproval of the proposal.

Affordable housing concept review is encouraged for all certified affordable housing developments and is intended solely to assist affordable housing developers with meeting the application requirements for the State of Florida Housing Tax Credit program, in support of the state housing strategy stated at F.S. Ch. 420. The review will alert an applicant to problems with, or objections to, a particular proposed development. This concept plan shall address conformity with the Comprehensive Plan, zoning, environment concerns, and concurrency. The appropriate reviewing board may grant a non-binding conceptual approval. The conceptual approval does not grant to the applicant any development rights and does not represent a development order. This conceptual approval is only an indication that the development proposal appears to be consistent with general requirements for development approval and that a development order will only be granted after the requirements for a final development plan have been met.

No building shall be constructed, reconstructed, altered, or extended unless a building permit has been issued indicating that the proposed use is in compliance with the provisions and regulations of this chapter; and there shall be no excavation, cut, or fill of earth or debris, no curb shall be cut or access opened onto a public street, no land shall be used for purposes other than agricultural, no signs shall be erected, and no building shall be moved unless all applicable required development permits have been obtained in accordance with this chapter.

No land, water, building, or any part thereof shall be used and no existing use of land, water, or building shall be changed unless a certificate of occupancy has been issued for such land, water, building, or part thereof.

A.

Purpose. In order to provide flexibility for the unique circumstances of individual developments, certain modifications from the standards provided in this chapter, as provided in this section, may be requested by an applicant as part of the development review process.

B.

Review procedures. All requests for modifications shall be submitted in writing with the application for development review on forms provided by the city. If an applicant requests multiple modifications, each modification shall be evaluated independently. The city manager or designee shall have the authority to approve the modifications specifically set forth in this section. The request shall be approved or denied during development plan review and, if approved, shall be noted on the final development plan. No administrative appeals are available for any decision to approve or deny a modification.

C.

Review criteria. The city manager or designee may approve a modification if the request meets all of the following criteria:

1.

The request is consistent with the Comprehensive Plan and meets the intent of this chapter and the zoning district.

2.

The applicant is providing a compensating enhancement of the public realm.

3.

The request will not have a material negative impact on adjacent uses, and is not injurious to the public health, safety, and welfare.

D.

Available modifications.

A.

Generally. Variance from strict compliance with the requirements of the Land Development Code is provided for in this section.

B.

Authorized variances. Variances may be approved only for height of structures; size of yard setbacks; driveway widths; building form standards in transect zones; building design standards for transect zones (dimensional standards only); landscaping requirements for vehicular use areas; landscape buffer requirements for buffer strip areas; landscape zones; street setbacks; glazing percentages; and minimum first floor height. Under no circumstances may a variance be granted to allow a use not permitted generally or by special use permit in the district involved, or any use expressly or by necessary implication prohibited in the district by the terms of this chapter.

C.

Review criteria. A variance from the terms of this chapter or building chapters shall not be granted unless the appropriate reviewing board affirmatively finds that each of the following criteria have been met:

1.

Special conditions and circumstances exist that are peculiar to the land, structure, or building involved and that are not applicable to other lands, structures, or buildings in the same district.

2.

The special conditions and circumstances do not result from the action of the applicant.

3.

Granting the variance requested will not confer on the applicant any special privilege that is denied by this section to other lands, structures, or buildings in the same district.

4.

Literal enforcement of the provisions of the Land Development Code or building chapters would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the Land Development Code or building chapters.

5.

The variance requested is the minimum variance required to make possible the reasonable use of the land, building, or structure.

6.

The variance is in harmony with the general intent and purpose of the regulation at issue and the Land Development Code, and such variance will not be injurious to the abutting lands or to the area involved or otherwise detrimental to the public welfare.

D.

Prohibited considerations. The following factors shall not be considered in any variance request:

1.

The presence of nonconformities in the zoning district or adjoining districts.

2.

Financial loss or business competition.

3.

Whether the property was purchased with the intent to develop or improve the property, whether or not it was known at the time of purchase that such development would be a violation.

E.

Review procedures.

1.

Pre-application meeting. A pre-application meeting is not required; however, the applicant is encouraged to attend a meeting with staff to review procedural and regulatory requirements.

2.

Application submittal. The applicant shall submit a complete application on a form prescribed by the city and accompanied by the applicable fee and plans.

3.

Staff review. The city manager or designee shall review the application and prepare a staff report for submittal to the appropriate review board.

4.

Board hearing. The appropriate reviewing board shall hold a public hearing to consider the request according to the review criteria provided in this section.

F.

Conditions and limitations. In granting any variance, the board may prescribe appropriate conditions and safeguards in conformity with the Land Development Code or building chapters. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and punishable according to applicable law. If a variance request is denied, the same variance may not be considered for the property for a period of two years from the date of denial.

G.

Expiration. Any variance granted shall expire one year after the date of variance approval, unless a building permit based upon and incorporating the variance is issued within the aforesaid one-year period and construction has begun thereunder.

A.

Establishment and purpose. There is hereby created the position of City of Gainesville Land Use Hearing Officer (Hearing Officer), which has the purpose of: a) providing an administrative process for appealing certain decisions regarding the administration and enforcement of the Land Development Code as provided in this division; and b) conducting quasi-judicial hearings in accordance with state law whereby the hearing officer reviews and approves, approves with conditions, or denies applications for development plan approval, as may be provided in this chapter. No party may be deemed to have exhausted his or her administrative remedies for the purpose of seeking judicial review unless the party first obtains review by a Hearing Officer as provided in this division.

B.

Selection. The city commission shall select one or more hearing officers through a competitive selection process. In addition, the city may elect to use a hearing officer appointed by the State of Florida or any agency thereof that meets the qualifications provided in this section.

C.

Minimum qualifications. Hearing officers must meet the following minimum qualifications:

1.

A licensed attorney who is an active member of the Florida Bar in good standing.

2.

At least three years of professional experience in land use or local government law.

3.

Not an employee of or office holder with the city.

D.

General authority. The hearing officer has all powers necessary to perform the functions prescribed by this chapter, including the power to interpret and administer this chapter, the power to dispose of procedural requests or similar matters, the power to issue notices of hearings and subpoenas requiring attendance, and the power to administer oaths.

(Ord. No. 170974, § 3, 2-21-19; Ord. No. 200722, § 9, 4-21-22)

A.

Authority of hearing officer. The hearing officer has authority to hear and decide appeals where it is alleged a city administrative official charged with the administration and enforcement of the provisions of the Land Development Code or building chapter (chapter 6 of the Code of Ordinances) erred in issuing or denying a final decision, order, requirement, interpretation, determination, or action. The hearing officer is not authorized to hear appeals based on the following:

1.

Any order, requirement, decision, or determination made regarding code enforcement, including notice of violations and civil citations.

2.

Acts of administrative officials pursuant to the orders, resolutions, or directives of the city commission.

3.

Zoning verification letters.

4.

Challenges to a development order controlled by F.S. § 163.3215.

5.

Appeals that circumvent procedures required by this chapter, including those that are more appropriately addressed in an application for a modification, variance, or rezoning.

B.

Standing to appeal.

1.

Decisions of general applicability. Any resident, landowner, or person having a contractual interest in land in the city shall have standing to appeal an administrative decision that is of general applicability and that is not specifically related to a particular parcel of real property or project.

2.

Decisions relating to particular property. The following persons shall have standing to appeal an administrative decision that is not of general applicability and that is specifically related to a particular project or parcel of real property:

a.

An applicant who is adversely affected by the decision.

b.

A property owner whose property is the subject of the decision.

c.

All owners of real property that lies within 400 feet of the property that is the subject of the decision.

d.

Any resident, landowner, or person having a contractual interest in land in the city who demonstrates a direct adverse impact from the decision that exceeds in degree the general interest in community good shared by all persons.

C.

Appeal procedures.

1.

A notice of appeal of an administrative decision, together with the applicable fee as set forth in appendix A and any submittal requirements established by the city, shall be filed with the city within 30 calendar days of the date the administrator signed the decision at issue or the decision is otherwise rendered in writing. The notice of appeal shall set forth a detailed basis for the appeal.

2.

Stay during appeal. The filing of a timely notice of appeal shall stay all proceedings in furtherance of the decision being appealed, including the issuance of any building permit or development order, until the appeal has been concluded in accordance with this division. The applicant may file applications, plans, or other information with the city pending the outcome of the review, but the filing of such shall create no rights to any related approval by the city.

3.

Within 20 calendar days of the filing of a notice of appeal pursuant to this section, any person with standing may intervene and become a party to the appeal by filing a notice of appeal in accordance with this section.

4.

The matter shall be set for a public hearing within 50 calendar days of the date of the notice of appeal. This period may be extended by agreement of the city and all parties appealing the decision.

5.

The hearing shall be limited to the record on appeal and shall consist of oral argument by city staff and parties with standing, each of whom may be represented by legal counsel, and the party challenging the administrative decision shall have the burden of proof. The hearing shall be conducted in accordance with established Florida law for quasi-judicial hearings.

6.

Record on appeal.

a.

The record on appeal shall consist of the following: 1) the application and accompanying information; and 2) the written decision of the administrative official and accompanying information.

b.

All parties may freely refer to provisions from the following:

i.

The Comprehensive Plan, Land Development Code, and any other City of Gainesville ordinance, resolution, or rule; and

ii.

Any federal or state statute, rule, or decision.

c.

If any party desires to admit any additional evidence, the additional evidence shall be disclosed to the other parties and the hearing officer not less than five calendar days before the hearing. At the beginning of the hearing, the hearing officer shall rule on whether such additional evidence may be presented and shall freely allow the evidence when such evidence is relevant to the issue on appeal.

7.

The hearing officer shall make a decision based on the appeal criteria provided in this section, and may affirm, reverse, or modify the decision or action of the administrative official. In making a decision, the hearing officer may take any action that the administrative official was authorized to take.

8.

The decision of the hearing officer shall be rendered in writing not later than seven calendar days after the date of the hearing's conclusion, and shall include findings of fact, if any, and conclusions of law.

9.

The decision of the hearing officer shall be final, and may be subject to judicial review as provided in law.

D.

Appeal criteria. The hearing officer shall give deference to the administrative official's final decision, order, requirement, interpretation, determination, or action, and may only reverse or modify such when the hearing officer finds that the administrative official's final decision, order, requirement, interpretation, determination, or action:

1.

Was clearly erroneous or patently unreasonable and will result in a miscarriage of justice;

2.

Has no foundation in reason, meaning the absence of a situation where reasonable minds could disagree, and is a mere arbitrary or irrational exercise of power having no substantial relation to the public health, morals, safety, or welfare; or

3.

Was an ultra vires act, meaning the administrative official clearly lacked the authority to take the action under statute or the City of Gainesville Charter Laws or Code of Ordinances.

The hearing officer shall use binding, and may use persuasive, Florida case law as it relates to this standard of review.

A.

Authority of hearing officer. The hearing officer has authority to hear and decide appeals of the decisions of the boards established by or administering the Land Development Code, including the city commission and the reviewing boards provided in this article, when all of the following criteria are met:

1.

The board decision was quasi-judicial, meaning the board applied established policy or law to a specific, individualized situation. Quasi-judicial board decisions include but are not limited to rezonings, special use permits, subdivisions, and development plan review. Quasi-judicial board decisions do not include legislative decisions such as land use changes or text amendments to the Comprehensive Plan and Land Development Code.

2.

The board decision was final, and not advisory.

3.

The appeal is not a challenge to a development order controlled by F.S. § 163.3215.

B.

Standing to appeal. The following persons shall have standing to appeal a board decision pursuant to this section:

1.

An applicant who is adversely affected by the decision.

2.

A property owner whose property is the subject of the decision.

3.

All owners of real property that lies within 400 feet of the property that is the subject of the decision.

4.

Any resident, landowner, or person having a contractual interest in land in the city who demonstrates a direct adverse impact from the decision that exceeds in degree the general interest in community good shared by all persons.

C.

Appeal procedures.

1.

A notice of appeal of a board decision, together with the applicable fee as set forth in Appendix A and any submittal requirements established by the city, shall be filed with the city within 30 calendar days of the effective date of the board decision at issue. The notice of appeal shall set forth a detailed basis for the appeal.

2.

Stay during appeal. The filing of a timely notice of appeal shall stay all proceedings in furtherance of the decision being appealed, including the issuance of any building permit or development order, until the appeal has been concluded in accordance with this division. The applicant may file applications, plans, or other information with the city pending the outcome of the review, but the filing of such shall create no rights to any related approval by the city.

3.

Reserved.

4.

Within 20 calendar days of the filing of a notice of appeal pursuant to this section, any person with standing may intervene and become a party to the appeal by filing a notice of appeal in accordance with this section.

5.

The matter shall be set for a public hearing within 50 calendar days of the date of the notice of appeal. This period may be extended by agreement of the city and all parties appealing the decision.

6.

The hearing shall be limited to the record on appeal and shall consist of oral argument by city staff and parties with standing, each of whom may be represented by legal counsel. The hearing shall be conducted in accordance with established Florida law for quasi-judicial hearings.

7.

Record on appeal. The record on appeal shall consist of an exact replication of the information that was before the board for the decision being appealed, which may include the following:

a.

The application and accompanying information.

b.

Staff reports and recommendations, and any accompanying information.

c.

All exhibits and documentary evidence.

d.

The summary, findings, conclusions, and decision of the board that is the subject of the appeal.

e.

Any audio or video recording of the board hearing that is the subject of the appeal.

f.

Any verbatim transcript available of the board hearing that is the subject of the appeal.

8.

The hearing officer shall make a decision based on the appeal criteria provided in this section, and may either affirm the board decision or remand the decision back to the reviewing board with specific issues for the reviewing board to address.

9.

The decision of the hearing officer shall be rendered in writing not later than seven calendar days after the date of the hearing's conclusion, and shall include findings of fact, if any, and conclusions of law.

10.

If the hearing officer affirms the board decision at issue, the hearing officer's decision shall be final and may be subject to judicial review as provided in law.

11.

If the hearing officer remands the board decision at issue, the reviewing board shall reconsider its decision and shall consider the issues specified by the hearing officer and may accept, reject, or modify the hearing officer's findings and conclusions in making the final decision. After considering the hearing officer's findings and conclusions, the reviewing board's decision shall be final and may be subject to judicial review as provided in law.

D.

Appeal criteria. The hearing officer shall affirm the board decision unless an appealing party with standing demonstrates that any one of the following three requirements was not met. The hearing officer shall use established Florida law as it relates to this standard of review.

1.

The appealing parties were afforded procedural due process, which includes:

a.

Notice of the board hearing that is the subject of the appeal;

b.

A fair hearing before an impartial decision-maker;

c.

An opportunity to be heard and present evidence at the hearing; and

d.

The opportunity to cross-examine any witnesses.

2.

The reviewing board observed the essential requirements of law.

a.

A departure from the essential requirements of law is something more than mere legal error. A decision made according to the form of the applicable law and the rules prescribed for rendering it, although it may be erroneous in its conclusion as applied to the facts, is not an act that amounts to a departure from the essential requirements of law.

b.

The hearing officer shall examine the seriousness of any error and exercise discretion only when there has been a violation of a clearly established principle of law that results in a miscarriage of justice.

3.

The reviewing board's decision was supported by competent substantial evidence.

a.

Competent substantial evidence means such evidence that may establish a substantial basis from which the fact at issue can be reasonably inferred, or material and relevant evidence that a reasonable mind could accept as adequate to support a conclusion. The opinions and recommendations of experts, including city staff, are deemed expert testimony and constitute competent substantial evidence. Citizen testimony during any public comment portion of a hearing may constitute competent substantial evidence if it is fact-based and not a mere generalized statement of support or opposition.

b.

The hearing officer may not reweigh the evidence or substitute his or her judgment for that of the reviewing board, but rather shall rule upon only whether the reviewing board's decision was supported by any competent substantial evidence.