This chapter shall be known and may be cited as the Quincy Land Development Code.

(Ord. No. 789, art. I, § 2, 8-11-92)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrator means the person who has the primary responsibility for administering and enforcing this chapter.

Affected person means the city or persons owning property, residing, or owning or operating a business within the boundaries of the city.

Central business district means those nine blocks centered around the courthouse and bounded on the north by Franklin Street, on the east by Duval Street, on the south by Crawford Street, and on the west by Munroe Street, within the city.

Concurrency determination means the process of determining if there is adequate infrastructure available to support the proposed development at the adopted levels of service.

Developer means a person who is responsible for any undertaking that requires a permit for zoning or special use, a certificate of appropriateness, or a permit for sign or construction activities.

Development order means an order granting, granting with conditions or denying an application for approval of a development activity or project.

District means a portion of the territory of the city in which certain uniform regulations and requirements apply under the provisions of this chapter.

Home occupation means any vocation or trade being conducted by a person at his place of residence, provided that:

(1)

There shall be no alteration in the residential character of the premises;

(2)

No merchandise or articles shall be displayed for advertising purposes;

(3)

The premises shall not be used as a warehouse for merchandise or articles;

(4)

Only one sign, no bigger than one square foot in area, shall be allowed; and

(5)

No objectionable noise, fumes, odor, dust or electrical interference shall be generated.

Home occupations can be divided into minor home occupations (those using 25 percent or less of the total gross floor area) and major home occupations (those using more than 25 percent of gross floor area).

Impervious surface means a surface through which water cannot penetrate, such as asphalt or concrete.

Impervious surface ratio means the total impervious surface of a site divided by the total site area.

Major development means a nonresidential development of more than 10,000 square feet of building footage, a subdivision (except for minor replatting), special uses, rezonings, planned unit developments, comprehensive plan amendments, and home occupations using over 25 percent of available floorspace.

Minor development means a nonresidential development of 10,000 square feet of building footage or less, a minor replat, and home occupations using 25 percent or less of available floorspace. A development of any size that has the potential to negatively effect the surrounding area or the city as a whole may be determined to be a major development by the administrator.

Minor replatting means the subdivision of a single existing parcel into two parcels where there are no roadway, drainage or other required improvements and where the resultant lots comply with the standards of this chapter.

Planned unit development (PUD) means a development constructed on a tract under single ownership, planned and developed as an integral unit, and consisting of residential uses, commercial uses or industrial uses, or a combination of any of the three.

Sign means any device that is designed to be visible to a person off the lot on which the sign is located and is designed to attract attention or communicate information.

Special use means a use requiring review by the planning and development review board and the city commission. A special use permit authorizes the recipient to make use of property in accordance with the requirements of this chapter as well as any additional requirements imposed by the city commission.

Subdivision means the division of a parcel into two or more tracts for the purpose of sale or building development. See article IV of this chapter, pertaining to subdivisions.

Variance means a grant of permission that authorizes the recipient to vary from the dimensional requirements set forth in this chapter, such as setbacks, minimum lot size, etc. A variance cannot be granted to allow uses in a district where they are prohibited by this chapter.

(Ord. No. 789, art. I, § 11, 8-11-92)

Cross reference— Definitions and rules of construction generally, § 1-2.

(a)

Generally. In the interpretation and application of this chapter, all provisions shall be liberally construed in favor of the objectives and purposes of the city, and deemed neither to limit nor repeal any other powers granted under state statutes.

(b)

Responsibility for interpretation. If any question arises concerning the application of regulations, performance standards, definitions, development criteria or any other provision of this chapter, the community development director shall be responsible for interpretation, and shall look to the city comprehensive plan for guidance. Responsibility for interpretation by the community development director shall be limited to standards, regulations and requirements of this chapter, and shall not be construed as overriding the responsibilities given to any commission, board or official named in other parts of this chapter.

(c)

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.

(d)

Delegation of authority. Whenever a provision appears requiring a particular office, a head of a department or some other city officer or employee to do some act or perform some duty, it is to be construed to authorize delegation to subordinates to perform the required act or duty, unless the terms of the provision or section specify otherwise.

(e)

Definitions relating to interpretation.

(1)

Classification. Words in the singular number shall include the plural, and words in the plural number shall include the singular.

(2)

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

(3)

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

(4)

Year. The word "year" shall mean a calendar year, unless otherwise indicated.

(5)

Day. The word "day" shall mean a working day, unless a calendar day is indicated.

(Ord. No. 789, art. I, § 10, 8-11-92)

Regulations controlling the development of land within the city cover a wide range of issues. These various regulations, created at different times, were scattered throughout the Code book and were often confusing and difficult to use. In order to streamline this process and incorporate policies of the adopted 1991 comprehensive plan, this chapter, consisting of a unified development code for the city, has been developed. This chapter updates and streamlines all land development regulations.

(Ord. No. 789, art. I, § 1, 8-11-92)

This chapter has been developed in order to establish the regulations, standards and procedures necessary for the review and approval of all proposed development within the city. The basic premise behind the chapter is the promotion of the health, safety and welfare of the public, the implementation of the adopted comprehensive plan and the assurance that public facilities are available to serve the needs of the proposed developments.

(Ord. No. 789, art. I, § 3, 8-11-92)

This chapter is enacted pursuant to the requirements and authority of F.S. § 163.3202, the city charter and the general powers granted by F.S. ch. 166.

(Ord. No. 789, art. I, § 4, 8-11-92)

The provisions of this chapter originally became effective on August 1, 1992.

(Ord. No. 789, art. I, § 8, 8-11-92)

(a)

General applicability. Except as specifically provided in this section, the provisions of this chapter shall apply to all development within the city. No development shall be undertaken without prior authorization pursuant to this chapter.

(b)

Exceptions. Exceptions to this chapter are as follows:

(1)

Development authorized by previously issued development orders. The provisions of this chapter and any amendments thereto shall not affect the validity of any lawfully issued and effective development order if:

a.

The development activity authorized by the order has been commenced prior to the effective date of the ordinance from which this chapter is derived or any amendment thereto, or will be commenced after the effective date of the ordinance from which this chapter is derived but within six months of issuance of the building permit; and

b.

The development activity continues without interruption until the development is complete. If the development order expires, any further development on that site shall occur only in conformance with the requirements of this chapter or amendment thereto; or

c.

The project authorized by a development order which has not expired commences and proceeds according to the time limits in the regulation under which the development order was issued. If the development plan expires or is otherwise invalidated, any further development on that site shall occur only in conformance with the requirements of this chapter or amendment thereto.

(2)

The construction or alteration of a one- or two-family dwelling on a lot in a validly recorded subdivision approved prior to the adoption of the ordinance from which this chapter is derived. Compliance with the development standards in this chapter is not required if in conflict with the previously approved plat.

(3)

The alteration of an existing building or structure which does not change the gross floor area or the amount of impervious surface on the site.

(Ord. No. 789, art. I, § 5, 8-11-92)

(a)

Purpose and intent. This chapter is enacted to carry out the purpose and intent of, and exercise the authority set out in, the Community Planning Act, F.S. §§ 163.3161—163.3215

(b)

Title of comprehensive plan amendment. This comprehensive plan amendment for the City of Quincy, Florida shall be entitled Comprehensive Plan Amendment 2020-1.

(c)

Comprehensive plan amendment adopted. The City of Quincy Comprehensive Plan (Ordinance No. 1010, as may have been amended thereafter), Future Land Use Element, Map I-4, Future Land Use Map (FLUM), is hereby amended as follows:

Amendment 1; Parcel 1: Located on Barack Obama Blvd; (2.5 acres, Parcel Number 3-11-2N-4W-0000-00324-0200), FLUM Designation is hereby changed from Gadsden County "Commercial" to City of Quincy "High Density Residential" as depicted on Exhibits "A" hereto;

Amendment 2; Parcel 2: Located on the eastern side of Ben Bostic Road (7.6 Acres, Parcel Number 3-11-2N-4W-0000-00324-0100, FLUM Designation is hereby changed from Gadsden County "Commercial" to City of Quincy "Commercial" as depicted on Exhibits "A" hereto;

Amendment 3: Parcels 3A & 3B: Located on the western side of Ben Bostic Road involves 30 acres (20.97 acres; Parcel Number 3-10-2N-4W-0000-00144-0200 and 10 acres; Parcel Number 3-10-2N-4W-0000-00144-0100), FLUM Designations are hereby changed from Gadsden County "Commercial" to City of Quincy "Commercial" as depicted on Exhibits "3A" & "3B" hereto;

Amendment 4: Parcel 5: Located on the eastern outskirt of Quincy, on the northern side of US 90, (17.54 acres, Parcel Number 3-16-2N-3W-0000-00200-0000), FLUM Designation hereby changed from Gadsden County "Agriculture" to City of Quincy "Commercial" as depicted on Exhibit "A" hereto;

Amendment 5: Parcel 6: Located at 470 Strong Road (12.27 acres, Parcel Number 3-20-2N-3W-0000-00221-0000), FLUM Designation is hereby changed from Gadsden County "Urban Service Area" to City of Quincy "Mixed Use" as depicted on Exhibit "A" hereto;

(d)

Severability. If any portion of this chapter is deemed by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then the remaining provisions and portions shall remain in full force and effect.

(e)

Copy on file. A certified copy of the enacting ordinance, as well as certified copies of the City of Quincy Comprehensive Plan Amendmentment cited in subsection (b), above, shall be filed with the city clerk of the City of Quincy.

(Ord. No. 1015, §§ 1—3, 4-22-08; Ord. No. 1010, §§ 1—5, 7-28-09; Ord. No. 1031, §§ 1—5, 2-23-10; Ord. No. 1112-2020 , §§ 2—5, 7-28-20)

Editor's note— The exhibits cited in the above section are not attached hereto, but are on file at the city clerk's office and can be inspected upon request.

State Law reference— Comprehensive plan generally, F.S. § 163.3174.

It is the intention of the city commission that this chapter implement the planning policies adopted by the city, as reflected in the adopted comprehensive plan and other planning documents.

(Ord. No. 789, art. I, § 6, 8-11-92)

If, as a result of governmental right-of-way takings, by either negotiation or condemnation, existing building and vehicular use areas would, but for this section, become nonconforming or further nonconforming with the setback provisions of this chapter, the following provisions shall apply:

(1)

Existing building and vehicular use areas which are not within the part taken, but which because of the taking do not comply with the setback, landscape and site coverage provisions of the chapter, shall not be required to be reconstructed to meet such setback requirements, and the remainders shall be deemed thereafter to be conforming properties. The exemption thus created shall constitute a covenant of compliance running with the use of the land.

(2)

Any conforming building or vehicular use areas taken either totally or partially may be relocated on the remainder of the site without being required to comply with the setback provisions of this chapter, except that the relocated building or vehicular use areas shall be set back as far as is physically feasible without reducing the utility or use of the relocated building or vehicular use area below its pretaking utility or use. The exemption thus created shall constitute a covenant of compliance running with the land.

(3)

Any properties exempt according to subsections (1) and (2) of this section which are thereafter destroyed, other than by voluntary demolition, to an extent of more than 75 percent of the value at the time of destruction, may be restored, but only to the predestruction condition.

(4)

As to the exemptions in subsections (1) and (2) of this section, either the condemning authority or the landowner or both of them may apply in writing to the land use administrator for a determination by him that the granting of the exemption will not result in a condition dangerous to the health, safety or welfare of the general public. The land use administrator shall, within 30 days of the filing of the application, determine whether or not the exemption to the setback requirements granted by this section will endanger the health, safety or welfare of the general public. If the land use administrator determines that the granting of the exemption under this section will not constitute a danger to the health, safety or welfare of the general public, the land use administrator shall issue a signed letter to all parties granting exemption. The letter shall specify the details of the exemption in a form recordable in the public records of the county. If the application is denied, the building official shall issue a signed letter to the applicant specifying the specific health or safety grounds upon which the denial is based.

(5)

Any development permits or variances necessary to relocate building or vehicular use areas taken or partially taken may be applied for by the condemning authority and granted for the property in question.

(Ord. No. 789, art. I, § 15, 8-11-92)