Development may be pursued in a variety of ways. This article sets forth the development options established by the city. Depending on the circumstances of particular development scenarios, these options may be used singly or jointly.

It shall be the declared public policy of the City of High Springs to establish reasonable regulations and minimum standards for the subdivision of lands within its boundaries to insure the preservation of the health, safety and welfare of citizens. Pursuant to the authority conferred on the city commission, as the governing body of the City of High Springs, by the Constitution of the State of Florida and F.S. ch. 163, the city commission does hereby exercise its vested authority to regulate the subdivision of lands for the protection of the health, safety and welfare of its citizens as hereinafter provided.

The purpose of the Subdivision Regulations is to set forth regulations regarding the subdivision and development of land within the corporate limits in order to protect the health, safety, welfare, and general well being of the citizens of High Springs.

These regulations are adopted to achieve the following objectives:

(a)

Establishment of minimum standards of subdivision design which will encourage the development of sound and economically stable areas within the City of High Springs.

(b)

Assure adequate and efficient supply of utilities and services to new land developments.

(c)

Prevention of traffic hazards and congestion which result from narrow or poorly aligned streets, and from excessive exit and entrance points along major traffic arteries, and the provision for safe and convenient traffic circulation, both vehicular and pedestrian, in new land developments.

(d)

Secure safety from fire, panic and other dangers; to promote health and the general welfare.

(e)

Prevention of sanitation and health hazards, especially in those subdivisions with lots to be served by individual water supply and individual waste disposal systems.

(f)

Minimize flooding and insure proper stormwater management.

(g)

Provide public open spaces for recreational, educational and other public purposes.

(h)

Coordinate land development in orderly physical patterns consistent with general plans and policies adopted by the city commission.

(i)

Prevent and discourage haphazard, or scattered land development.

(j)

Protect the natural and scenic resources of the community including surface waters and aquifer recharge areas.

Whenever land within the boundaries of the city is divided so as to constitute a subdivision as defined herein, such subdivision of land shall be in compliance with the requirements set forth in these regulations. The entire parent parcel for any subdivision shall be reviewed by the city in conjunction with the subdivision review for any portion of the parent parcel.

No division of land shall be allowed that is in conflict with the densities, intensities, or other provisions of the City of High Springs Comprehensive Plan.

No parcel of land shall be created, either by inclusion within or exclusion from a proposed subdivision, which cannot be properly utilized for a permitted use under the existing zoning regulations. A subdivision development shall meet or exceed the relevant requirements of all land development regulations adopted by the city. The approval of a subdivision development does not abrogate any legal requirement to comply with the regulations of any other governmental agency, local, state, or federal, which may have jurisdiction over the proposed activity.

No land shall be divided or subdivided and no drawing or plat of the division or subdivision of any land shall be filed or recorded in the public records of any court until all taxes have been paid on the land.

(1)

The following shall be exempt from the platting procedures as set forth in this division:

(a)

The combination or recombination of portions of previously platted lots where no new parcels, or residual parcels, result in lots of less area, width or depth than as required by the respective zoning district.

(b)

The combination or recombination of all or a portion of previously platted parcels of record are exempt where none of the newly created or residual parcels contain less area, width or depth than the smallest of the original parcels of record being combined and no streets of any kind or public easements are created, changed or extinguished.

(c)

The sale or exchange of parcels of land between owners of adjoining properties for the purpose of small adjustments in boundaries; provided that additional lots are not thereby created and that the original lots are not reduced below the minimum lot area and dimension requirements of the respective zoning district.

(2)

Exemptions to subdivide parcels within previously developed and established commercial centers or business parks may be approved by the zoning administrator, provided the following is reviewed and approved prior to exemption approval:

(a)

Each parcel must stand alone with respect to parking requirements.

(b)

Cross parking and/or cross access agreements shall be recorded to provide each parcel access to a public right-of-way and the ability to park in adjacent parcels if needed.

(c)

Newly created parcels shall not negatively impact the health, safety and general welfare of the public.

(d)

The zoning administrator may approve up to 15 percent reduction in parking requirements, minimum lot size or landscape percentage requirements, provided the proposed plat exemption does not negatively impact the health, safety and general welfare of the public.

(3)

Certain parent parcels or subdivisions created prior to the date of adoption of this Code may be exempt from these regulations. (See article XII, nonconformities.)

(Ord. No. 2022-10, § 4, 6-23-2022)

A subdivision development should be designed to create a functional and attractive environment, minimize adverse impacts, provide maximum livability, provide safe and efficient access and circulation. The administrator may, in the application of these standards and guidelines, exercise design discretion to achieve the intent and purpose of these regulations.

(1)

No person shall subdivide land regardless of zoning after the effective date of this Code without first following the development procedure and complying with the design standards established by this LDC.

(2)

No person shall sell or transfer any land subdivided after the effective date of this LDC until such time as the High Springs City Commission has approved the subdivision and the recording of a final subdivision plat, as required by Article XI of this LDC, which meets all of the requirements of this Code and F.S. ch. 177.

(3)

No building permit or certificate of occupancy shall be issued for any lot, parcel, or structure that was created in violation of the provisions of this LDC.

There are three types of reviews regulating the division of property within the corporate limits High Springs. They are:

(a)

Certified parcel subdivision review.

(b)

Platted subdivision with no improvement facilities review.

(c)

Platted subdivision with improvement facilities review.

(1)

The term subdivision shall mean any one or more of the following:

(a)

The division of land into two or more lots, parcels, tracts, or tiers, for the purpose of residential, commercial, industrial, and/or mixed use development and present or future transfer of ownership;

(b)

The creation or establishment of new access by a street, alley, easement, or other primary means of access, whether private or public;

(c)

The re-subdivision of an approved recorded subdivision plat if:

1.

Such re-subdivision affects any street layout, or

2.

Such subdivision affects any reserved or dedicated area or easements for public use, or

3.

Such subdivision increases the density or the number of lots previously permitted.

The type of review that a proposed division of property must undergo shall be determined in accord with the guidelines and standards below.

(2)

Each subdivision shall be classified as follows:

(a)

Type 1 subdivision shall be a subdivision that contains one or more lots, parcels, tracts, or tiers the smallest of which is one acre in size or less.

(b)

Type 2 subdivision shall be a subdivision that contains one or more lots, parcels, tracts, or tiers, the smallest of which is greater than one acre and less than five acres in size.

(c)

Type 3 subdivision shall be a subdivision in which no lots, parcels, tracts, or tiers, are less than five acres in size.

(3)

The subdivision requirements of this LDC shall not apply to the granting of public rights-of-way.

(1)

In addition to the requirements of this section, all subdivisions shall comply with the following regulations:

(a)

The design and development standards of article VII, and all other applicable provisions of this LDC;

(b)

The Comprehensive Plan;

(c)

All applicable building codes of the city;

(d)

All other applicable federal, state, and local laws which govern the development of property or the transfer of land.

(2)

No subdivision of land shall be permitted where the site is unsuitable for the intended development due to flooding, poor drainage, unstable soil, or other such conditions which may constitute a danger to the public welfare unless adequate measures to mitigate such conditions can be, and are, undertaken in the development of the property.

(3)

The provision of adequate public facilities in accordance with adopted level of service standards shall be required. This includes the paving of all new roads in any subdivision. The exception to this requirement is for those subdivisions with minimum lot sizes of 15 acres or larger.

(4)

The preservation of significant cultural and environmental features, including but not limited to, historical sites, wetlands, and trees, shall be required.

(5)

Every subdivision shall be provided with a name. Such names shall not be the same as, or similar to, any other recorded plan located in the city which will in any way confuse the public; except that when an existing subdivision is expanded or re-subdivided as an additional unit or section.

(6)

For Type 1, Type 2, and Type 3 (less than 15 acres) subdivision lots fronting on an existing unpaved public street, the developer shall be required to install street improvements. Any required improvements will comply with the requirements of article VII of this LDC.

(7)

For Type 3 subdivisions of 15 acres or more, fronting on an unpaved public street, no street improvements shall be required and lots may be accessed by private easements

(8)

The city may allow the clustering of development on a property to preserve green space or to address development constraints. The clustering may not result in a development density greater than that specified for the property. This information will be recorded on the development plat.

(1)

This section is provided for the purpose of defining and describing an exemption to the requirement to plat for land that is proposed to be subdivided into less than three parcels. All parcels resulting from said subdivision must have frontage for access along an existing public or private right-of-way. All proposed lots must meet or exceed the dimensional requirements of the Land Development Code and be consistent with the property's zoning and land use designation.

(a)

The zoning administrator may approve a minor replat that conforms to the requirements of this section, the Comprehensive Plan, Land Development Code, Design and Development Regulations and other applicable regulations and ordinances.

(b)

In order to qualify for a minor replat provision, the following information shall be provided:

1.

An application form provided by the department shall be required. The application shall comply with the city's Comprehensive Plan, Land Development Code, Design and Development Regulations and all other applicable ordinances and regulations. A statement shall be included on the application indicating whether water and sanitary sewer service is available to the property.

2.

A boundary survey (signed and sealed) showing the original parcel of land shall be prepared by a Florida Licensed Professional Surveyor and shall include the following information:

a.

Existing boundary survey and legal description of the original parcel labeled Boundary Survey. All existing easements and road rights-of-way of record (both internal and abutting) must be indicated on the survey.

b.

The survey map must be annotated with bearings and distances as applicable.

c.

Total acreage or square footage of original parcel.

3.

A separate survey (signed and sealed) showing the subsequent subdivision of land shall be prepared by a Florida Licensed Professional Surveyor and shall include the following information:

a.

The proposed legal descriptions, lot/parcel lines and dimension shall be shown. The lot/parcel lines shall indicate the new dimensions with bearings and distances. All easements and road rights-of-way of record (both internal and abutting) must be indicated on the survey. Total acreage or square footage of newly created parcels.

b.

The Minor Replat Boundary Survey shall indicate "For the purpose of a Minor Replat".

c.

The Minor Replat Boundary Survey shall be drawn at a legible scale and shall be bold enough to remain clearly legible after reduction. Additional detail may be required at the discretion of the zoning administrator.

d.

New lot(s) and/or parcel(s) shall have an assigned number or letter through which it may be identified.

e.

If a lot contains principal or accessory structures, the structures shall be included on the survey.

(c)

All lots and/or parcels so created must be consistent with the property's land use designations and zoning.

(d)

All lots and/or parcels so created shall meet the minimum lot frontage, area, and dimensional requirements for the zoning district in which they are located.

(e)

If the proposed minor replat meets the conditions of this section and otherwise complies with all applicable laws and ordinances, the zoning administrator shall approve the minor replat by signing the application form.

(f)

After approval by the zoning administrator, or designee, the boundary survey identifying the new lot(s) and/or parcel(s) shall be recorded in the official county records.

(Ord. No. 2022-10, §§ 1, 2, 6-23-2022)

Editor's note— Ord. No. 2022-10, § 1, adopted June 23, 2022, repealed the former § 6.01.02.02, and enacted a new § 6.01.02.02 as set out herein. The former § 6.01.02.02 pertained to certified parcel subdivision and derived from Ord. No. 2011-21, 11-3-2011.

(1)

This section is provided to allow for the relocation of a common lot line(s) without the requirement to plat, for land that has not been previously platted. However, if the land is part of a previously platted subdivision, then a minor replat is required. If additional parcels need to be created, the addition may be completed through a minor replat.

(a)

The zoning administrator may approve a lot reconfiguration that conforms to the requirements of this section, the Comprehensive Plan, Land Development Code, Design and Development Regulations and other applicable regulations and ordinances.

(b)

In order to qualify for the lot reconfiguration provision, the following information shall be provided:

1.

An application form provided by the department shall be required. The application shall comply with the Comprehensive Plan, Land Development Code, Design and Development Regulations and all other applicable ordinances and regulations.

2.

One survey map labeled "Boundary Survey" which includes the following information:

a.

Existing boundary configuration and legal description, which shows the existing parcel(s) and/or lot line(s) of the area to be reconfigured and all existing easements and rights-of-way of record (both internal and abutting).

b.

The survey map must be annotated with bearings and distances as applicable.

c.

Total acreage or square footage of existing parcel(s).

d.

The survey map must be signed and sealed by a Florida Licensed Professional Surveyor.

3.

A separate survey map of the reconfigured parcel labeled "For the purpose of a Lot Reconfiguration" which includes the following information:

a.

Proposed parcel(s) or lot line(s) being reconfigured and all proposed easements and right-of-way (both internal and abutting), along with the new proposed legal description(s).

b.

Both the lot/parcel lines and the lines of any proposed easements, when applicable, shall indicate the new dimensions with bearings and distances.

c.

Total acreage or square footage of reconfigured parcel(s).

d.

The survey map must be signed and sealed by a Florida Licensed Professional Surveyor.

e.

The lot reconfiguration and boundary survey shall be drawn at a legible scale and shall be bold enough to remain clearly legible after reduction. Additional detail may be required at the discretion of zoning administrator.

(c)

The reconfigured areas shall not prevent direct access to the public or private right-of-way.

(d)

Lot reconfiguration shall not result in an increase in density beyond that allowed by the Comprehensive Plan or Land Development Code.

(e)

New lots and/or parcel(s) shall not create a noncompliance with any setback requirements of the Land Development Code.

(f)

If the proposed lot reconfiguration meets the conditions of this section and otherwise complies with all applicable laws and ordinances, the zoning administrator shall approve the lot reconfiguration by signing the application form.

(g)

After approval by the zoning administrator, or designee, the boundary survey identifying the new lot(s) and/or parcel(s) shall be recorded in the official county records.

(Ord. No. 2022-10, § 3, 6-23-2022)

A platted subdivision is a subdivision conforming to the provisions of F.S. ch. 177 and for which roads, easements for access, drainage, or utilities, conservation or preservation areas or easements, and/or improvement facilities may be required or proposed depending upon the size and location of the subdivision. Platting of lots shall be required for this type of subdivision.

A platted subdivision determined by the administrator to require no improvement facilities may be reviewed under abbreviated procedures as defined in article XI of this Code.

The design and improvement standards for subdivisions are prescribed in article VII.

The procedure for review and approval under this section is prescribed in article XI.

(a)

Construction activity upon the land is an element in the process of community development. Such activity impacts public utilities, facilities, roadways and adjacent land and their use. Therefore, in the interest of the public health, safety and welfare, it is necessary that these activities be carried out in a proper and orderly fashion and in accordance with city standards.

(b)

The purpose of the site development regulations is to establish procedures and standards for the review of construction activities and site development, except for single-family and duplex residential development, in order to ensure the following:

(1)

Provision of efficient and effective review, determination and compliance procedures;

(2)

Prevention of flooding within developments by ensuring adequate flood control and drainage facilities are provided;

(3)

Traffic hazards are minimized and traffic flow is enhanced, including pedestrian traffic;

(4)

Developments are compatible with the sites as well as adjacent uses;

(5)

Developments are responsive to the environment and protection of environmentally sensitive areas;

(6)

Availability and type of water and wastewater utilities serving the sites;

(7)

Developments have adequate fire protection; and

(8)

Compliance with F.S. ch. 163, and the City of High Springs Comprehensive Plan.

(a)

Site development plans shall be required for all new development in accordance with the site development regulations of this LDC to assist the administrator in assuring that development is in compliance with all applicable ordinances, regulations and resolutions of the city.

(b)

All land uses shall be required to have a site development plan approved by the administrator and any other department or agency deemed necessary by the administrator prior to the issuance of a building permit or other construction permit or commencing any site land alteration or construction activity. Single-family and two-family detached dwellings on individual lots with their accessory uses and structures shall be exempt from the site development review.

(c)

In instances where lots have been created and improvement facilities have been approved and constructed in accordance with the subdivision regulations, then a site development review shall be required for development upon those lots except as provided herein.

(d)

All development reviewed under the site development regulations shall comply with the densities and intensities and other provisions established within the City of High Springs Comprehensive Plan.

(e)

All development shall meet or exceed the requirements of all land development regulations as established and adopted by the city, the State of Florida and the federal government unless such requirements have been waived by those governments.

(f)

The approval of a site development plan is required before building permits may be issued for construction.

(g)

Where lands have been or are subdivided or resubdivided, but ownership is described by metes and bounds without recording a plat in the manner and form required by regulations in effect at the effective date of the site development regulations, such lands may be used in accordance with the terms of the site development regulations provided:

(1)

That all necessary public facilities, services, and utilities are available to or located on such lands, or an agreement satisfactory to the city has been made and recorded whereby the deficiencies in necessary public facilities, services, or utilities will be remedied, and appropriate waivers, variances, or exemptions have been obtained; or

(2)

That a plat of such land be recorded in the manner and form of and subject to, the requirements existing in regulations in effect at the time of the recording of such plat.

(a)

Nothing in this Code or this part shall be construed to prevent the submission of a unified plan for a site(s) comprised of multiple zoning districts, parcels or lots, provided the site is under unified ownership and/or control at the time of application for preliminary site development plan approval.

(b)

In no event may this authority to approve a unified development plan be construed to grant or extend use privileges or to alter standards otherwise prescribed by this Code for a zoning lot, parcel or lot (for example, commercial parking may not be extended into a portion of the site where commercial parking is not otherwise permitted).

(c)

Because the unified site development plan is optional to the applicant(s), the administrator may exercise broad discretion in the review and approval of unified site development plans, and may impose conditions upon such approval through legally enforceable instruments to assure that the intent of this Code is met, that the integrity of the unified site development plan is maintained and that the public interest is properly protected. Such approval conditions may impose additional requirements including but not limited to certifications, reciprocal easements and/or agreements, development agreements, dedications, reservations, plats and other means as may be deemed appropriate.

Site development plans shall be designed so as to conform to and take advantage of topographic and other natural features of the land, including the preservation of existing trees, wetlands, water bodies, wetlands and environmentally sensitive areas as required by law, ordinance and rule. Preservation areas and conservation areas shall be shown on the site development plan. Applicable setbacks from these areas shall also be shown. No new development, nor expansion nor replacement of existing development shall be permitted in areas designated on the future land use map as natural preservation, unless consistent with conservation purposes, such as passive recreation.

No parcel of land shall be created or used which does not meet the minimum requirements of this Code.

No parcel of land shall be developed under the site development regulations which has been subdivided improperly. Upon the determination by the administrator that the parcel is part of an improper subdivision, the applicant shall be required to do one of the following:

(a)

Plat the proposed lot;

(b)

Vacate the existing subdivision and replat the proposed subdivision;

(c)

Apply for a variance to the subdivision regulations if appropriate.

It is the purpose of this article to permit planned unit developments which are intended to encourage the development of land as planned communities, planned commercial and industrial complexes, or planned mixed-use developments; encourage flexible and creative concepts of site planning; preserve the natural amenities of the land by encouraging scenic and functional open area; concentrate development; accomplish a more desirable environment than would be possible through the strict application of the minimum zoning requirements; provide for an efficient use of land resulting in a smaller network of utilities and streets and thereby lowering development and housing costs; and provide a stable environmental character compatible with surrounding areas.

Planned unit developments shall conform to the policies and standards of the adopted Comprehensive Plan of High Springs, including all of the elements thereof, and shall be designed and developed so as to prevent traffic congestion, provide for the most efficient use of public facilities and services, promote compatibility with surrounding land uses, and preserve the integrity of the neighborhoods within which they are located. All planned unit developments must comply with the current water and wastewater requirements of the city.

All planned unit developments shall comply with the adopted elements of the Comprehensive Plan of High Springs and this LDC. The approval of a planned unit development does not grant any additional land use rights other than those already established for any parcel of land. All land to be utilized within a planned unit development must have an appropriate land use established either by inclusion on the current High Springs Land Use and Zoning Map or by a change in land use and rezoning through the established procedures. Any required submittals to the department of community affairs (DCA) may proceed concurrently.

The minimum site acre for a PD shall be one acre.

Approval of a PD district shall constitute an amendment to the zoning ordinance. Designation of a property as a PD district in accordance with an approved development plan shall supersede all existing and prior zoning classifications. Such property shall for zoning purposes be identified by the letters PD followed by an identifying number.

The development plan shall specify both for the project as a whole and/or for subareas within the project, as appropriate, those principal and accessory uses and development densities that are to be permitted. The city commission may include or exclude uses from the development plan or include uses with attached conditions as appropriate to achieve the intent of these provisions. In making its determination of the uses and development densities to be permitted within the PD district, the commission may consider the compatibility and relationship of uses within the project, the compatibility and relationship of permitted uses adjoining or in proximity to the PD district, the appropriateness of permitted uses for the area in general and their overall impact on the community, and the consistency of the permitted uses with the High Springs Comprehensive Plan and other adopted plans and policies.

A development order shall contain at a minimum the following provisions:

(1)

Intensity of development. The development order shall contain provisions to regulate the intensity of development within the planned development district. Such provisions may apply to the project as a whole or to subareas within the project.

(a)

For non-residential development, the intensity of development may be regulated:

1.

By specifying a floor area ratio (FAR) or ratios;

2.

By specifying maximum square footage or gross leasable area;

3.

By specifying setbacks, height and bulk restrictions; or

4.

By a combination of such restrictions for the project as a whole or for components or subareas within the project. In addition, non-residential development order may specify performance standards to be imposed on the project and restrictions regarding the location and nature of industrial, commercial and other non-residential activities. In making its determination regarding the intensity of development and appropriate performance standards, the city commission may consider the character and scale of similar development, the character and scale of surrounding development and the area in general, the real or anticipated impact on public facilities and services.

b.

The maximum number of dwelling units permitted shall be computed. The permitted number of dwelling units may be distributed in any manner over the residential portion of the project consistent with the intent and provisions of this section. The development order shall specify distribution of residential density for the project as a whole or for subareas within the project. In making its determination regarding the distribution of residential densities, the city commission may consider the compatibility of residential densities with other uses within the district as well as outside the district, the impact of residential densities on public facilities and services.

(2)

Uses permitted. For non-residential development the specific uses shall be listed. For residential uses the types of dwellings shall be listed.

(3)

Bulk, area and height requirements. The development order shall specify bulk, area and height restrictions for the project as a whole or for sub-areas and/or components of the project. In making its determination regarding such restrictions, the commission may consider the character and scale of the proposed development as it relates to other uses and structures both within the district and outside the district, and the general character and scale of similar development within the area of the proposal.

(4)

Public facilities. The development order shall specify conditions, restrictions and standards relating to the timely provision of necessary public facilities. In making its determination regarding such conditions, restrictions and standards, the commission may consider the adequacy of existing facilities, the timely provision of adequate facilities, the impact of the proposed development on existing and/or planned facilities and the overall cost to the community.

(5)

Access to public thoroughfares. The development order shall specify the location and general design of ingress and egress to the project along with any proposed access restrictions. The city commission may impose such access standards and restrictions as are necessary to protect the integrity and function of the city's thoroughfare system and to insure the safe and efficient circulation of vehicles and pedestrians within the PD district. In making its determination regarding such access standards and restrictions, the commission may consider the classification and function of the thoroughfare system, existing and projected volumes, the condition and design of the affected thoroughfares, the effect of the proposed development on traffic flow and circulation patterns and the consistency with the High Springs Comprehensive Plan and other adopted plans and policies.

(6)

Off-street parking and loading requirements. Unless specifically modified by the development order, the off-street parking and loading requirements imposed by article VII shall apply. Reductions in off-street parking and loading standards may be approved only if it can be demonstrated that parking demand will be less due to design and/or occupancy characteristics of the project and/or the availability of public transportation.

(7)

Sign requirements. Unless specifically modified by the development order, the sign requirements imposed by article VIII shall apply. The sign plan shall be approved only if the general intent of the sign regulations regarding size, location, illumination, structural integrity and relation to surrounding uses is satisfied.

(8)

Landscaping and perimeter treatment. The development order shall specify the design and arrangement of landscaping on all open space areas in the PD district, and on all buffer and perimeter areas provided to mitigate the impact of the project upon adjoining properties and/or to achieve an appropriate transition between land uses and densities. The city commission may impose such standards and requirements for perimeter treatment it deems necessary to protect adjoining properties from adverse effects and to achieve an appropriate transition of land uses and densities.

Existing patterns of urban development have seriously compromised sustainable growth, the quality of life, and economic viability of cities. The practices of land use segregation and auto dependent design criteria have resulted in wide-spread loss of open space and forest cover; increased traffic congestion and air pollution; environmental degradation with increased water runoff, soil erosion, and water supply contamination; increased housing and infrastructure costs; inadequate provision of schools and public services; and growing areas of declining property values, crime, and poverty. The resultant loss of community identity adds to these problems by discouraging citizen awareness of, and participation in, community affairs.

Under this model, a majority of a municipality's time and money is spent replacing and extending infrastructure and mitigating the negative impacts of development. Assessed on a project by project basis the total effects and subsequent costs are hidden by immediate tax base increases and owner profits. However, if assessed at the community level, long term, all additional development of the model described above becomes a burden on a community. Low density development increases the cost of living in order to finance, maintain, and replace infrastructure. Eventually, the increased cost of building and living in such areas prevents growth from continuing. This occurs long before an area reaches full economic potential and physical build out. A development model which addresses these problems must treat a community as a highly complex entity, not merely as a collection of individual market segments or an opportunity for real estate speculation.

The most basic viable unit of our complex economic region is the neighborhood. Neighborhoods provide the daily essential needs of all its residents in an area which is easily definable and pedestrian friendly. Neighborhoods interconnect to form town centers. Traditionally, commercial development respected this neighborhood scale, and therefore integrated itself into the fabric of the neighborhood through appropriate building design and its center.

The return to traditional and sustainable development practices focuses on physical change of the urban environment through the traditional design elements of city making; public space, infrastructure, buildings, and parks. It combines these elements to construct places beyond the autonomy of the individual project, interest, or property. Traditional development is guided by the following set of principles, which in turn establish the framework in which this Code has been prepared:

THE REGION: METROPOLIS, CITY, AND TOWN

(1)

Metropolitan regions are finite places with geographic boundaries derived from topography, watersheds, coastlines, farmlands, regional parks, and river basins. The metropolis is made of multiple centers that are cities, towns, and villages, each with its own identifiable center and edges.

(2)

The metropolitan region is a fundamental economic unit of the contemporary world. Governmental cooperation, public policy, physical planning, and economic strategies must reflect this new reality.

(3)

The metropolis has a necessary and fragile relationship to its agrarian hinterland and natural landscapes. The relationship is environmental, economic, and cultural. Farmland and nature are as important to the metropolis as the garden is to the house.

(4)

Development patterns should not blur or eradicate the edges of the metropolis. Infill development within existing urban areas conserves environmental resources, economic investment, and social fabric, while reclaiming marginal and abandoned areas. Metropolitan regions should develop strategies to encourage such infill development over peripheral expansion.

(5)

Where appropriate, new development contiguous to urban boundaries should be organized as neighborhoods and districts, and be integrated with the existing urban pattern. Noncontiguous development should be organized as towns and villages with their own urban edges, and planned for a jobs/housing balance, not as bedroom suburbs. The development and redevelopment of towns and cities should respect historical patterns, precedents, and boundaries.

(6)

Cities and towns should bring into proximity a broad spectrum of public and private uses to support a regional economy that benefits people of all incomes. Affordable housing should be distributed throughout the region to match job opportunities and to avoid concentrations of poverty.

(7)

The physical organization of the region should be supported by a framework of transportation alternatives. Transit, pedestrian, and bicycle systems should maximize access and mobility throughout the region while reducing dependence upon the automobile.

(8)

Revenues and resources can be shared more cooperatively among the municipalities and centers within regions to avoid destructive competition for tax base and to promote rational coordination of transportation, recreation, public services, housing, and community institutions.

THE NEIGHBORHOOD, THE DISTRICT, AND THE CORRIDOR

(1)

The neighborhood, the district, and the corridor are the essential elements of development and redevelopment in the metropolis. They form identifiable areas that encourage citizens to take responsibility for their maintenance and evolution.

(2)

Neighborhoods should be compact, pedestrian-friendly, and mixed-use. Districts generally emphasize a special single use, and should follow the principles of neighborhood design when possible. Corridors are regional connectors of neighborhoods and districts; they range from boulevards and rail lines to rivers and parkways.

(3)

Many activities of daily living should occur within walking distance, allowing independence to those who do not drive especially the elderly and the young. Interconnected networks of streets should be designed to encourage walking, reduce the number and length of automobile trips, and conserve energy.

(4)

Within neighborhoods, a broad range of housing types and price levels can bring people of diverse ages, races, and incomes into daily interaction, strengthening the personal and civic bonds essential to an authentic community.

(5)

Transit corridors, when properly planned and coordinated, can help organize metropolitan structure and revitalize urban centers. In contrast, highway corridors should not displace investment from existing centers.

(6)

Appropriate building densities and land uses should be within walking distance of transit stops, permitting public transit to become a viable alternative to the automobile.

(7)

Concentrations of civic, institutional, and commercial activity should be embedded in neighborhoods and districts, not isolated in remote, single-use complexes. Schools should be sized and located to enable children to walk or bicycle to them.

(8)

The economic health and harmonious evolution of neighborhoods, districts, and corridors can be improved through graphic urban design codes that serve as predictable guides for change.

(9)

A range of parks, from tot-lots and village greens to ballfields and community gardens, should be distributed within neighborhoods. Conservation areas and open lands should be used to define and connect different neighborhoods and districts.

THE BLOCK, THE STREET, AND THE BUILDING

(1)

A primary task of all urban architecture and landscape design is the physical definition of streets and public spaces as places of shared use.

(2)

Individual architectural projects should be seamlessly linked to their surroundings.

(3)

The revitalization of urban places depends on safety and security. The design of streets and buildings should reinforce safe environments, but not at the expense of accessibility and openness.

(4)

In the contemporary metropolis, development must adequately accommodate automobiles. It should do so in ways that respect the pedestrian and the form of public space.

(5)

Streets and squares should be safe, comfortable, and interesting to the pedestrian. Properly configured, they encourage walking and enable neighbors to know each other and protect their communities.

(6)

Architecture and landscape design should grow from local climate, topography, history, and building practice.

(7)

Civic buildings and public gathering places require important sites to reinforce community identity and the culture of democracy. They deserve distinctive form because their role is different from that of other buildings and places that constitute the fabric of the town.

(8)

All buildings should provide their inhabitants with a clear sense of location, weather and time. Natural methods of heating and cooling can be more resource-efficient than mechanical systems.

(9)

Preservation and renewal of historic buildings, districts, and landscapes affirm the continuity and evolution of urban society.

To these ends, the Land Development Code has been prepared with due consideration of future growth:

(1)

The promotion of a coherent community scaled built environment, which respects local and regional architecture;

(2)

The promotion of an integrated and balanced transportation system based on pedestrian, transit, and automobile use;

(3)

The adequate provision of water and sewer infrastructure, schools, parks, and other public necessities; and

(4)

The preservation and enhancement of the natural environment through the protection and replenishment of urban forests, landscaping of the public realm and supplemental plantings for projects which reduce existing tree cover resources.

In addition to these purposes, this Code ensures that growth forms an integral part of a community of functional neighborhoods and town centers. This type of planning increases collective security and community identity by promoting civic awareness and responsibility and enhancing the quality of life for the entire town to ensure the greatest possible economic and social benefits for all residents.

Traditional development, as presented in the Comprehensive Plan revision, encompasses the following types of land uses:

• Traditional Neighborhoods (TND) are intended to accommodate a mix of housing types, civic and neighborhood-oriented commercial uses, integrated with a recreation and pedestrian-oriented open space system and a system of streets, alleys and sidewalks. A neighborhood center with an adjacent neighborhood square is a community focal point within easy walking distance of residents.

• Traditional Marketplaces (TMD) have a concentrated area for shopping, entertainment, business services, cultural and housing opportunities in a pedestrian-oriented environment. Large-format retail stores ("big boxes") are not allowed. Floors above shops and offices may be used for housing, offices, or live/work units.

• Traditional Towns (TTD) provide an opportunity for community planning at a large scale, integrating traditional neighborhoods and traditional marketplaces with an inter-connected system of streets, alleys, sidewalks, squares, parks and open space. A compact development pattern is promoted by not requiring buffers between uses within the town.

These regulations reflect a "building block" approach to traditional development, with Traditional Neighborhoods (TNDs) and Traditional Marketplaces (TMDs) as the base districts. The TTD functions as an umbrella district, composed of TNDs, TMDs, and additional land uses needed to support a larger population, such as a traditional employment center (TEC). A portion of a TTD also could include a planned development district.

Separate regulations are provided for TNDs, TMDs, and TEC's in order to allow these districts to be developed independently of a TTD.

Provisions for civic and open space/recreation areas are included in the TND provisions. A "neighborhood center" commercial area in a TND is also included to allow for small-scale commercial uses intended to serve local residents.

To avoid duplication, standards that apply to all traditional development districts, including provisions for street and sidewalk design, landscaping, parking, and signage, have been grouped together as "general standards for all traditional development districts". (Refer to Part 7.11.00)

The minimum size of a Traditional Development District is 40 acres, but TDDs as small as 16 acres are allowed at infill locations, defined as sites bounded by existing development on at least two sides.

Approval of a TDD district shall constitute an amendment to the zoning ordinance. Designation of a property as a TDD district in accordance with an approved development plan shall supersede all existing and prior zoning classifications. Such property shall for zoning purposes be identified by the letters TDD followed by an identifying number.

TNDs may qualify for a density bonus of up to two additional units per acre above the maximum density allowed for the underlying zoning district as prescribed in Table 7.11.01, provided that the TND is consistent with the standards and requirements of article VII.

The development plan shall specify both for the project as a whole and/or for subareas within the project, as appropriate, those principal and accessory uses and development densities that are to be permitted. The city commission may include or exclude uses from the development plan or include uses with attached conditions as appropriate to achieve the intent of these provisions. In making its determination of the uses and development densities to be permitted within the TDD district, the commission may consider the compatibility and relationship of uses within the project, the compatibility and relationship of permitted uses adjoining or in proximity to the TTD district, the appropriateness of permitted uses for the area in general and their overall impact on the community, and the consistency of the permitted uses with the High Springs Comprehensive Plan and other adopted plans and policies.

A development order shall contain at a minimum the following provisions:

(1)

Intensity of development. The development order shall contain provisions to regulate the intensity of development within the planned development district. Such provisions may apply to the project as a whole or to subareas within the project.

a.

For non-residential development, the intensity of development may be regulated:

1.

By specifying a floor area ratio (FAR) or ratios;

2.

By specifying maximum square footage or gross leasable area;

3.

By specifying setbacks, height and bulk restrictions; or

4.

By a combination of such restrictions for the project as a whole or for components or subareas within the project. In addition, non-residential development order may specify performance standards to be imposed on the project and restrictions regarding the location and nature of industrial, commercial and other non-residential activities. In making its determination regarding the intensity of development and appropriate performance standards, the city commission may consider the character and scale of similar development, the character and scale of surrounding development and the area in general, the real or anticipated impact on public facilities and services.

b.

The minimum and maximum number of dwelling units permitted shall be computed. The permitted number of dwelling units may be distributed in any manner over the residential portion of the project consistent with the intent and provisions of this section. The development order shall specify distribution of residential density for the project as a whole or for subareas within the project. In making its determination regarding the distribution of residential densities, the city commission may consider the compatibility of residential densities with other uses within the district as well as outside the district, the impact of residential densities on public facilities and services.

(2)

Uses permitted. For non-residential development the specific uses shall be listed. For residential uses the types of dwellings shall be listed.

(3)

Bulk, area and height requirements. The development order shall specify bulk, area and height restrictions for the project as a whole or for sub-areas and/or components of the project. In making its determination regarding such restrictions, the commission may consider the character and scale of the proposed development as it relates to other uses and structures both within the district and outside the district, and the general character and scale of similar development within the area of the proposal.

(4)

Public facilities. The development order shall specify conditions, restrictions and standards relating to the timely provision of necessary public facilities. In making its determination regarding such conditions, restrictions and standards, the commission may consider the adequacy of existing facilities, the timely provision of adequate facilities, the impact of the proposed development on existing and/or planned facilities and the overall cost to the community.

(5)

Access to public thoroughfares. The development order shall specify the location and general design of ingress and egress to the project along with any proposed access restrictions. The city commission may impose such access standards and restrictions as are necessary to protect the integrity and function of the city's thoroughfare system and to insure the safe and efficient circulation of vehicles and pedestrians within the TDD district. In making its determination regarding such access standards and restrictions, the commission may consider the classification and function of the thoroughfare system, existing and projected volumes, the condition and design of the affected thoroughfares, the effect of the proposed development on traffic flow and circulation patterns and the consistency with the High Springs Comprehensive Plan and other adopted plans and policies.

(6)

Off-street parking and loading requirements. Unless specifically modified by the development order, the off-street parking and loading requirements imposed by article VII shall apply. Reductions in off-street parking and loading standards may be approved only if it can be demonstrated that parking demand will be less due to design and/or occupancy characteristics of the project and/or the availability of public transportation.

(7)

Sign requirements. Unless specifically modified by the development order, the sign requirements imposed by article VIII shall apply. The sign plan shall be approved only if the general intent of the sign regulations regarding size, location, illumination, structural integrity and relation to surrounding uses is satisfied.

(8)

Landscaping and perimeter treatment. The development order shall specify the design and arrangement of landscaping on all open space areas in the TDD district, and on all buffer and perimeter areas provided to mitigate the impact of the project upon adjoining properties and/or to achieve an appropriate transition between land uses and densities. The city commission may impose such standards and requirements for perimeter treatment it deems necessary to protect adjoining properties from adverse effects and to achieve an appropriate transition of land uses and densities.

The minimum park size: five acres.

Refer to Table 7.01.01.

A mobile home park shall meet the following general requirements:

(1)

The land on which it is developed shall be under unified control and shall be planned and developed as a whole in a single development operation or programmed series of development operations. Subsequent subdivision of lots or conveyance of sites to individual owners by any means is prohibited.

(2)

The park shall be developed according to comprehensive and detailed plans that include not only streets, utilities, lots, or building sites and the like, but also site plans, floor plans, and elevations for all buildings intended to be located, constructed, used and related to each other, and detailed plans for other uses and improvements on the land as related to the building.

(3)

The park shall have a program for provision, maintenance, and operation of all areas, improvements, and facilities for the common use of all or some of the occupants of the park, but will not be provided, operated, or maintained at general public expense.

When the owner of a mobile home park proposes expansion, such expansion plans shall be submitted and approved in the same manner as plans for new parks, except for minimum site area requirements. Mobile home park expansion plans shall comply with new park requirements unless such compliance is found to be impracticable by the city commission, after recommendation by the planning commission, in which case variations of new park standards may be authorized. Improvement of substandard conditions in existing parks may be required as a precedent to expansion of such parks.

The allowable uses in a recreational vehicle park shall include the following:

(1)

Recreational vehicles;

(2)

Park trailers as defined by Florida law, provided they are placed in an area designed exclusively for that use on an approved final site plan. Park trailers are not to be set up for more than 180 consecutive days or for more than 45 consecutive days in area of special flood hazard unless elevated and anchored to comply with floodplain protection standards. The standards for time limitation will not apply to an on site caretaker for this type of facility

(3)

Convenience establishments for the sale or rental of supplies or for provision of services, for the satisfaction of daily or frequent needs of campers within the park may be permitted. These establishments may provide groceries, ice, sundries, bait, fishing equipment, self-service laundry equipment, bottled gas, and other similar items needed by users of the park. These establishments shall be designed to serve only the needs of the campers within the park and shall not, including their parking areas, occupy more than five percent of the area of the park, and shall not be so located as to attract patronage from outside the grounds nor have adverse effects on surrounding land uses.

(4)

Restaurants located in parks may serve outside customers but will be required to meet all normal standards for onsite parking and stormwater as set forth in this Code.

Five acres.

Refer to Table 7.01.01.

Procedures for approval shall follow the site plan review requirements as contained in article XI of this LDC.

When the owner of a recreational vehicle park proposes expansion, such expansion plans shall be submitted and approved in the same manner as plans for new parks, except for minimum site area requirements. RV park expansion plans shall comply with new park requirements unless such compliance is found to be impracticable by the city commission, after recommendation by the plan board, in which case variations of new park standards may be authorized. Improvement of substandard conditions in existing parks may be required as a precedent to expansion of such parks.

The purpose and intent of this section is to recognize that there are areas of the city with prior development which would be incompatible with the provisions of this Code; where strict enforcement of the Code is impractical and not in the public interest. City commission may in the future delineate such district(s) and designate that the area(s) be subjected to infill criteria and standards.

A designated infill area must have an overall master development plan which, at a minimum addresses the following needs:

• Potable water distribution;

• Wastewater collection;

• Stormwater drainage;

• Solid waste collection;

• Vehicular traffic circulation;

• Vehicular parking and loading;

• Pedestrian and self powered circulation;

• Recreation facilities.

City commission must approve the overall master plan for a designated infill area and a capital improvements plan for correcting all identified infrastructure deficiencies.

Within an approved infill area, individual parcels of land may be developed or redeveloped with waivers of any or all of the following:

• On site stormwater retention;

• Off-street parking;

• Off-street loading;

• Minimum setbacks.

Any waiver of stormwater retention, off-street parking, or off-street loading will be conditional upon a showing that these needs will be met elsewhere within the designated infill area.

Any waiver of minimum setback will be limited to the lesser similar setbacks of existing buildings on immediately adjacent building of the same block face.

It is the intent of this section to set forth the procedures and requirements necessary for the city to consider and enter into development agreements. It is the further intent of this division to encourage a strong commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development concurrent with the impacts of development, encourage the efficient use of resources, and reduce the economic cost of development.

The definitions set forth in F.S. § 163.3221, shall apply to this section.

To the extent of any conflict with the city Land Development Code, as amended, or any other regulations of, and except as herein specifically provided, this section supersedes the city Land Development Code, as amended, and other regulations, with respect to the subject matter hereof.

The procedures applying to this section are prescribed in article XI.

A development agreement shall, at a minimum, include the following:

(a)

A legal description of the land subject to the agreement and the names of the legal and equitable owners;

(b)

The duration of the agreement;

(c)

A general description of the development, the development uses permitted on the land including population densities, and building intensities and height, and a description of the impacts and benefits of the development;

(d)

The land use designation of the property under the future land use element of the High Springs Comprehensive Plan;

(e)

The current zoning of the property;

(f)

A description of public facilities that will service the development, including who shall provide such facilities;

(g)

A description of any developer commitments;

(h)

The date any new facilities, if needed, will be constructed;

(i)

A schedule to assure public facilities are available concurrent with impacts of the development;

(j)

A description of any reservations or dedications of land for public purposes;

(k)

A description of all local development permits approved or needed to be approved for the development of the land;

(l)

Any anticipated approvals, waivers, variances or special exceptions sought by the developer;

(m)

A finding that the development permitted or proposed is consistent with the High Springs Comprehensive Plan and land development code;

(n)

A statement indicating that the failure of the agreement to address a particular permit, condition, term, or restriction shall not relieve the developer of the necessity of complying with the law governing said permitting requirements, condition, term, or restriction;

(o)

Such conditions, terms, restrictions, or other requirements determined to be necessary by the city for the public health, safety, or welfare of its citizens;

(p)

With respect to any public facilities to be designed and/or constructed by the developer, design and construction shall be in compliance with all applicable federal, state, and county standards and requirements in order to insure the progress, quality and cost effectiveness of construction of the public facilities, to resolve in a timely manner design and construction related problems which may occur, and to protect the safety and welfare of the public. The standards and requirements shall include, but not be limited to, guarantees of performance and quality and project controls (including scheduling, quality controls, and quality assurance).

All development agreements shall contain stipulations regarding the following, where applicable:

Parties involved; notice and hearing dates; property location; approved uses, densities, intensities and heights; duration; regulations and fees applicable; public facilities and concurrency schedule; dedications and permits required; consistency with Comprehensive Plan and land development regulations; conditions and terms of approval, with any phasing if needed; design/construct agreement to cover developer-provided public improvements, if required by the city; standard performance and warranty provisions on improvements to be accepted by the city; policies with regard to changes to approved development; policies with regard to changes to the agreement; resolution for disputes; cure period for defaults; and the basis for revocation.

A development agreement may provide that the entire development or any phase thereof be commenced or concluded within a specific period of time.

With respect to developer commitments that would be eligible for impact fee credits, nothing herein shall affect the eligibility to qualify for credits under appropriate impact fee ordinances. In order to be eligible for credits, the expenditure must have been subject to not less than three quotes in awarding the construction contract.

A development agreement may be amended or canceled by mutual consent of the parties to the agreement or by their successors in interest.

The term of a development agreement shall not exceed 20 years or such time as F.S. §§ 163.3220—163.3243, may provide. A development agreement may be extended by mutual consent of the city commission and the developer, subject to public hearings in accordance with article XI.

Within 14 days after the city enters into the development agreement, the city clerk shall have the agreement recorded in the public records of the city. A copy of the recorded development agreement shall be submitted to the department of community affairs within 14 days after the agreement is recorded. If the agreement is amended, canceled, modified, extended, or revoked, the clerk shall have notice of such action recorded in the public records and such recorded notice shall be submitted to the department of community affairs.

(1)

The city manager or one of his/her designees shall review the development subject to the development agreement every 12 months, commencing 12 months after the effective date of the agreement.

(2)

The city shall begin the review process by giving notice to the developer that the city intends to undertake a periodic review of the development.

(3)

If the city finds and determines that the developer has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded.

(4)

If the city makes a preliminary finding that there has been a failure to comply with the terms of the development agreement, the city commission shall conduct a public hearing at which the developer may demonstrate good faith compliance with the terms of the agreement. If the city commission finds and determines on the basis of substantial competent evidence that the developer has not complied in good faith with the terms and conditions of the agreement during the period under review, the city commission may modify or revoke the agreement.

The laws and policies governing development specifically approved in a development agreement shall be as set forth in F.S. § 163.3233.

Enforcement of the terms of a development agreement shall be as set forth in F.S. § 163.3243, and as otherwise provided in this Code.

It is the intent of this section to set forth the procedures and requirements necessary the city to consider and approve community development districts. It is the further intent of this division to encourage a strong commitment to capital facilities planning, management and financing to ensure the provision of adequate capital infrastructure to service projected growth without overburdening the general taxpayer.

The laws and policies governing development specifically approved in a community development district shall be as set forth in F.S. ch. 190.

Enforcement of the terms of a Community Development District shall be as set forth in F.S. ch. 190, and as otherwise provided in this Code.

The definitions set forth in F.S. ch. 190, shall apply to this section.

To the extent of any conflict with this LDC, or any other regulations of city, and except as herein specifically provided, this section supersedes other city codes and regulations, with respect to the subject matter hereof.

The procedures applying to this section are prescribed in article XI.