This Code shall be known as the "High Springs Land Development Code" and may be cited and referred to as the "Code" or the "LDC." Citation to provisions contained in this Code shall be referenced as "Sec.______, LDC."

Any ordinance, code provision, or resolution in conflict with the language herein is hereby repealed in their entirety.

It is the legislative intent of the city commission in adopting this Code that all provisions hereof shall be liberally construed to protect and preserve the peace, health, safety, and general welfare of the inhabitants of the City of High Springs. It is the further intent of the city commission that this Code shall stand, notwithstanding the invalidity of any section, phrase, sentence, or other part hereof, and that should any part of this Code be held to be unconstitutional or invalid by a court of competent jurisdiction, such part shall be deemed a separate, distinct, and independent part, and such holding shall not be construed as affecting the validity of any of the remaining parts.

Any person adversely affected by this section may seek judicial relief in the Eighth Judicial Circuit, in and for Alachua County, Florida, or the Federal District Court in and for the Northern District of Florida, Gainesville, Florida.

The provisions of this Code shall be effective on and after the 13th day of November, 2011.

(1)

All applications for which public hearings have been convened prior to the effective date of this Code shall be heard and decided pursuant to the terms of those procedures in effect prior to said effective date.

(2)

All applications made prior to the adoption of this Code for which decisions are made after the effective date shall be decided pursuant to the term of the procedures in effect at the time of said application.

(3)

All applications made after adoption of this Code shall be decided pursuant to the terms of the regulations in effect at the time of the decision.

(4)

Notwithstanding the above, more specific requirements of this Code relative to a particular application type shall apply.

The City Commission of High Springs, Florida, has the authority to prepare, adopt and enforce this Code pursuant to Article 8, Sec. 1(f), the Florida Constitution; F.S. § 125.01, et seq.; F.S. § 163.3161, et seq.; F.S. § 163.3161(8); F.S. § 163.3201; F.S. § 163.3202; Rule 9J-5, Florida Administrative Code; Rule 9J-24, Florida Administrative Code; the City of High Springs Comprehensive Plan; and such other authorities and provisions established in statutory or common law.

It is the purpose of the City Commission of High Springs, Florida, to establish the standards, regulations and procedures for review and approval of all proposed development of property within the corporate limits of the city, and to provide a development review process that will be comprehensive, consistent, and efficient in the implementation of the goals, objectives, and policies of the City of High Springs Comprehensive Plan.

(1)

This Code is intended to accomplish the following objectives:

(a)

To protect the character and maintain the stability of residential, commercial, and industrial areas;

(b)

To conserve the value of land, buildings and resources;

(c)

To provide for efficiency and economy in the process of development;

(d)

To provide for the appropriate use of land;

(e)

To regulate the use and occupancy of buildings, land and water;

(f)

To protect historical resources and to assure that future development is in scale with those resources;

(g)

To enhance the beauty and visual interest of the community; and

(h)

To provide efficient traffic circulation, parking, and circulation of people.

(2)

The city commission deems it to be in the best public interest for all development to be conceived, designed, and built in accordance with good planning and design practices and the minimum standards set forth in this Code.

The regulations of this Code shall apply throughout the incorporated portions of the city. No development shall be undertaken without prior authorization pursuant to this Code.

Property hereafter annexed to the city shall be given a zoning classification which is compatible with the Alachua County Comprehensive Plan in effect at the time of such annexation until the City Comprehensive Plan and zoning map shall be amended.

(1)

No building, structure, land or water shall hereafter be developed, used or occupied, and no building, structure, or part thereof shall hereafter be erected, reconstructed, moved, located, or structurally altered except in conformity with the regulations set out generally herein and for the district in which it is located. In clarification of the foregoing, it is the specific intent of the city commission that all floating structures and buildings, as well as development, buildings and structures built over or in water, shall meet all the requirements of this Code and other codes and regulations of the city.

(2)

No building or structure or part thereof shall hereafter be erected, constructed, reconstructed, located, moved or structurally altered in any manner so as:

(a)

To exceed the permitted height, bulk or floor area;

(b)

To accommodate or house a greater number of families or other occupants, or to provide a greater number of dwelling units;

(c)

To occupy a greater percentage or portion of lot area;

(d)

To provide less lot area per dwelling unit or to occupy a smaller lot;

(e)

To provide narrower or smaller yards or other open spaces, or spaces or separations between buildings or portions thereof;

(f)

To provide less off-street parking or off-street loading space;

(g)

To permit the use of the building or structure for a use not permitted in the district in which it is located; than herein required or limited, or in any other manner contrary to any provisions of this Code.

No lot of record shall hereafter be divided unless, following any division, each part by itself or in combination with adjoining lot(s) shall conform with all regulations of the zoning district in which the property is located. To insure that lots or parcels which are created shall not subsequently be subdivided, transferred, conveyed or sold in any unit other than its entirety, the owners shall be required to execute a "Unity of Title" document which shall be recorded with the Clerk of the Circuit Court, Alachua County, Florida.

No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefore, issued by the building official. No building permit shall be issued except in conformity with the provisions of this chapter.

No change in the use or occupancy of land, nor any change or occupancy in an existing building, shall be made, nor shall any new building be occupied for any purpose until a valid certificate of occupancy has been issued.

No occupational license shall be issued unless there shall be a valid occupancy permit as to the premises in which said occupation is to be carried on duly authorizing such use and occupancy.

(1)

Previously issued building permits.

(2)

The provisions of this Code and any amendments hereto shall not affect the validity of any lawfully issued and effective building permit issued prior to the effective date of this Code if:

(a)

The development authorized by the permit has commenced prior to the effective date of this Code or any amendment hereto, or will commence after the effective date of this Code but prior to the permit's expiration or termination; and

(b)

The development continues without interruption in good faith until development is complete. If the building permit expires, any further development shall be in conformance with the requirements of this Code or any amendment.

Existing uses: All uses, structures, and lots existing on the effective date of this Code that are not in compliance with the provisions of this Code shall be considered nonconforming under the terms of this Code, except as otherwise provided in Part 11.03.00 of this Code.

(1)

Site plans, building plans, and development plans in process shall be evaluated against those rules, regulations, and standards in force on the date the site plan, building plan, or development plan is accepted.

(2)

Final plats, once approved by the city commission, shall be recorded within six months of commission approval or said approval shall automatically lapse without further notice. If approval lapses, any new submittal must meet all rules, regulations, and standards in force on the date of new acceptance.

(3)

Phased developments must meet all of the rules, regulations, and standards in force on the date the site plan is approved for that phase of the development.

(1)

Generally.

(a)

In construction of the language of these regulations, the rules set out in this section shall be observed unless such construction would be inconsistent with the manifest intent of the city commission as expressed in the Comprehensive Plan, or an element or portion thereof, adopted pursuant to F.S. (1986) as amended Chs. 163 and 186. The rules of construction and definitions set out herein shall not be applied to any express provisions excluding such construction, or where the subject matter or context of such section is repugnant thereto.

(b)

All provisions, terms, phrases and expressions contained in these regulations shall be so construed in order that the true intent and meaning of the city commission may be fully carried out. Terms used in these regulations, unless otherwise specifically provided, shall have the meanings prescribed by the statutes of this state for the same terms.

(2)

Minimum requirements. In the interpretation and application of any provision of these regulations it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any portion of this Code is more restrictive than the Comprehensive Plan, the more restrictive code shall be used.

(3)

Conflict with other laws. If the provisions of this Code conflict with those of any other statute, code, local ordinance, resolution, regulation, Comprehensive Plan, or other applicable law, the more stringent standard, limitation or requirement shall govern or prevail to the extent of the conflict.

(4)

Debt or pledge. Nothing in the Code shall be construed to create a debt or general obligation of the city or a pledge of the full faith and credit or taxing power of the city.

(5)

Site design requirements apply onsite. No part of a yard, area, open space, or off-street parking or off-street loading space required for one structure or use shall be included as meeting requirements for another, except where specific provisions therefor are made in this Code.

(6)

Limitations on creation of new lots or reductions of lots or yards.

(a)

No new lot or tract shall be created after the effective date of this Code except in conformity with the requirements of applicable regulations. No yard or lot existing at the time of passage of these regulations shall be reduced by private action in width, depth, or area below the minimum requirements set forth herein. Notwithstanding the foregoing, unmanned public service facilities, including, but not limited to, pump/lift stations, utility substations, and similar public service structures, may be sited on lots smaller than otherwise required if it can be demonstrated to the satisfaction of the administrator that they meet applicable setbacks, buffers, or other standards.

(b)

To portion of a lot or tract, used in connection with an existing or proposed building, structure or use, and necessary for compliance with the area, height, and placement regulations of this Code, shall, through sale or otherwise, be used again as a part of the lot required in connection with any other building, structure, or use.

(7)

Action when development parcel contains two or more zoning districts.

(a)

Where a lot contains two or more zoning district designations with different permitted floor area ratio applying, the permitted floor area ratio for the lot shall not exceed the sum of the results obtained by multiplying the privately-owned land area of the lot in each district by the applicable permitted floor area ratio for that portion of the lot.

(b)

Where a lot contains two or more districts designations with different density regulations, (i.e., a differing amount of required lot for each dwelling unit), the density (maximum number of dwelling units) shall not exceed the numeric sum of the maximum number of units that could be constructed on individual portions of the lot in each zoning district. Nothing in this section shall authorize the location of a use in a district where that use is not either a permitted principal or accessory use or a permissible special use.

(8)

Text controls. In case of any difference of meaning or implication between the text of this Code and any figure, the text shall control.

(9)

Computation of time. The time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded.

(10)

Day. The word "day" shall mean a calendar day.

(11)

Week. The word "week" shall be construed to mean seven calendar days.

(12)

Month. The word "month" shall mean a calendar month.

(13)

Year. The word "year" shall mean a calendar year, unless a fiscal year is indicated or 365 calendar days is indicated.

(14)

Gender. Words importing the masculine gender shall be construed to include the feminine and neuter.

(15)

Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing. The use of the plural number shall be deemed to include any single person or thing.

(16)

Shall and may. The word "shall" is mandatory; "may" is permissive.

(17)

Tense. Words used in the past or present tense include the future as well as the past or present.

(18)

Written or in writing. The term "written" or "in writing" shall be construed to include any representation of words, letters or figures whether by printing or other form or method of writing.

(19)

Abbreviations used.

AASHTO: American Association of State Highway and Transportation Officials.

City: City of High Springs, Florida.

County: Alachua County, Florida.

DOT: Florida Department of Transportation.

EOR: Engineer of record who is an individual registered by the State of Florida as a professional engineer. Further, the individual must be competent to perform engineering assignments in the specific technical field of civil engineering and such engineering practice must not be in conflict with subparagraphs (2)(d), (5)(c) and (5)(d) of Rule 21H-19.01 of the Rules of the Department of Professional Regulation, Board of Professional Engineers.

SRWMD: Suwannee River Water Management District.

FDOT: Florida Department of Transportation.

HUD: United States Department of Housing and Urban Development.