Unified Land Development Code Update 2012

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Unified Land Development Code

Update 2012

Second Public Hearing October 9, 2012

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Board workshops to discuss working drafts

Workshops with community organizations or citizens as requested◦ Met with Builders Association, Grow Gainesville,

Rural Concerns, Affordable Housing Advisory Committee, Health Care Advisory Committee

Process for Updating the ULDC

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EAR-based Comprehensive Plan update adopted April 5, 2011

Working with Revised Code since 2006 – clarifications and updates needed

Legislative changes

Recent Activity

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Purpose Statement: Promote energy –efficient land use patterns and building design, and energy conservation in the built environment (400.02(d)18)

No substantive changes – Added an alternate to Board of Adjustment 401.07(a)). Clarified review process for change of uses and minor plan revisions.

Chapter 400 and Chapter 401

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Sec. 401.11. - Powers and duties. The board of adjustment shall exercise the

powers and duties listed below. ◦ …

The board of adjustment has the authority to modify variances that had been granted by said board, including variances pursuant to code that was subsequently repealed (such as subdivision variances); however, this subsection shall not authorize the creation of additional lots.

Chapter 401 Development Review Bodies

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§ 401.20 – Development Review Departments Powers and Duties◦ (a)2 – Development Review Committee: added

‘activities that propose significant adverse impact to regulated natural and historic resources’

◦ (c)1 – Decisions of Environmental Protection Department: added ‘minimal impact activities’ to clarify EPD can authorize minimal impacts adjacent to wetlands

◦ Other wetland impacts still BOCC review

Chapter 401- Development Review Bodies

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Changed mailed notice for public hearings to staff responsibility not applicant (§402.14) and clarified times and content for DRC ads (§402.15)

Comprehensive Plan Amendment Changes (Article 7)

Thresholds for Board review of preliminary plans (§ 402.44):

◦ Added sentence explaining expansions that cause overall project to meet the threshold are subject to Board review

◦ Added Institutional/Place of Worship/Civic Organization and Recreation– 25,000 sq ft would include golf courses (buildings)

Chapter 402 Development Review Applications

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Activity Center Master Plan clarification (Article 15).

Voluntary termination of Special Exception and Special Use Permits (§402.115.5 and §402.126.5)

TOD Preliminary Development Plans – street types shown on preliminary plan (§402.130)

Chapter 402 – Development Review Applications

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Deleted Article 20 – Development Inside the Urban Cluster but Outside the Urban Services Line

Added Sector Plan language – Article 20• 15,000 acres• Process – Comp Plan amendment• Rezoning to PD in increments

Article 25, §402.154 – Signage for Temporary Use Permits◦ Allow any number of signs with maximum size of 16 sq ft

each

Article 28 - appeals process changed for development plan approvals

Chapter 402 Development Review Applications

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Clarified garage setbacks (Table 403.07.2)

Clarified lot dimension requirements for subdivided commercial property (§403.12(d))

Updated descriptions of industrial districts (Article 5)

Deleted requirement for 5% developed recreational space as separate from 20% open space for multi-family (§403.10(d) and manufactured home parks (§403.22(b)7)

Chapter 403 Zoning Districts

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§404.02• Added “principal uses” to PD language – now

allows accessory uses to principal use

Use Table Article 2• Deleted Medical clinic from Use Table and

combined it with Medical Office and §404.45 standards for medical clinic.

Chapter 404 – Use Regulations

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Article 2 – Use Table• Changed child care centers from A (accessory

use) to SE (special exception) in Agriculture and low density residential districts

• Changed golf courses from SE to L (limited use) in Agriculture district and added as limited use to low density residential districts (excluding R-1c)


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New Uses:• Community Gardens• Farmers Markets• Resource-Based Recreation• Residential Recreation Camp• College or University


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Article 3 Agriculture • New allowances for limited restaurants on farms (§404.09)• Produce stand (§404.11)• allowed as accessory to a working farm• 20 sq ft of a produce stand to be used for

prepackaged goods• off-site produce not regulated

Chapter 404

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Article 3, §404.13 – Poultry and Livestock on Less than Five Acres• Added new section (c) allowing one Vietnamese

pot-bellied pig per half-acre in A, A-RB, RE, RE-1 and residential lots in Rural Clusters

• Some reformatting

Chapter 404 Use Regulations

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Article 3

• Poultry on residential lots – up to 6 (§404.13) • Community Gardens with standards

(§404.13.1)• Farmers’ Markets with standards (§404.13.2)


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Article 4 §404.24 – Accessory living units

Estate, Low Density and Medium Density Residential• Increased living area to 50% of principal

residence or 1,000 sq ft, whichever is greater.• Deleted minimum size and limit on number of

bedrooms

Rural/Agriculture• Deleted minimum number of bedrooms


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Article 6 Adult and Child Care

Churches, government buildings, civic uses – accessory uses

Accessory child care centers now require a special exception.


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Article 7 Educational Facilities and Article 8 Community Services

Require special exceptions for athletic fields designed for formal competition at churches and schools in or adjacent to residential areas.• Minimum 5 acres • Hours of operation prohibited between 11:00 pm and

6:00 am


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Amateur radio towers Home-based businesses Parking of trucks (in enclosed structures) Family daycare – small daycares in homes Homeless Shelters - accessory max15 clients Soup Kitchens – accessory max 25 clients Farmer’s markets in A(agriculture) Community Gardens – could locate with schools,

churches Bed and Breakfasts – Special Exception if in

platted subdivision

Potential Uses in Residential Areas

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Article 14 Entertainment and Recreation §404.66.5• Research

Contacted several course designers and related professionals

American Society of Golf Course Architects – voluntary Environmental Principles very similar to new standards proposed in ULDC

• Added standards for golf courses• Limited use in A, RE, RE-1, R-1a, R-1aa, R-1b• No square footage limitation on clubhouse, would be

subject to DRC thresholds• Conservation standards


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Article 15 Food and Beverage §404.67.5• Added restaurants to A(Agriculture)district

Article 20 §404.82.5• Listed types of vehicles that cannot be parked outside of an enclosed structure within residential districts instead of using vehicle weight.


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Article 23 Waste –Related Services◦ Added §404.89.5 Materials Recovery, Recycling and

Composting Facilities to provide review standards

Article 24 Mining or Excavation and Fill Operations

§404.95 (a) – Mining, Excavation and Fill• Reduced costs and process for renewal requests of

C&D landfills


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Article 28 Resource-Based Recreation

§404.108 – Docks◦ Deleted (b) – removal of regulated trees and

related reference in (e)

§404.109• Amended hunting and fishing camp standards

§404.111• Created Recreational Camps


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§405.04 Thresholds for requiring Transit Oriented Developments and Traditional Neighborhood Developments added to Activity Center requirements.

• Amendments allowed to the PD or Zoning Master Plan without complying with TND/TOD if the amendments:

do not change the types of non-residential use and/or change the total square footage or number of units; or

Only include an increase or decrease of up to 25% of the total square footage of non-residential use or number of residential units, then the Planned Development shall develop consistent with the Traditional Neighborhood Development design standards only

Chapter 405 Special Districts and Activity Centers

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Activity Center Master Plan language deleted

Cross Creek Village bald eagle nesting zone language has been updated

Urban Service Area regulations were added Design standards Exceptions

Alternative Design for Activity Centers and Urban Service Areas

Chapter 405

Future Land Use – Urban Cluster Area

Urban Services Area (USA)

Urban Cluster

Urban Cluster

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Article 1 General • §406.05(c)2 – deleted owner submitting

verification of BMPs• §406.06 (e) Fencing, adding language

recognizing that farm fencing is exempt (F.S. 604.50)

Article 2 Trees and Native Vegetation• §406.11(b) – deleted requirement for written

notice of exempt agriculture and silvicultural activities

Chapter 406 –Natural & Historic Resources

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Article 2 Trees and Native Vegetation• §406.12(a)4: 30% canopy requirement within 20

years -up to 400 sq ft of canopy on private platted lots may count towards the canopy coverage.

• Added §406.12(e) allowing emergency removal of

trees prior to obtaining permit

Article 7 100- Year Floodplains◦ Added language to the article concerning property

within flood hazard areas – change to Florida Building Code

Chapter 406 Natural and Historic Resources Protection

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Article 8 Springs and High Aquifer Recharge Areas (combined with Article 9 High Aquifer Recharge Areas)• Outdoor water conservation standards

New residential development No more than 60% of landscaped area may be irrigated by high-

volume irrigation Total irrigated area 0.5 acres per lot Florida Water Star standards


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Article 6 Surface Water and Wetlands

§406.51 (a) deleted entire paragraph that dealt with violations of 0.10 of an acre

Article 16 Significant Geologic Features

§406.90 (b) 4. added 150 foot average buffer width (at least 100 feet) for sinkholes, swallets, quarries, karst windows and other such water containing features

§406.90 (e) changed title Mitigation to Alternative Compliance and added language to allow applicants to request buffer width reductions provided certain criteria are met


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Article 21 Avoidance, Minimization, Mitigation, Corrective Action and Monitoring

§406.110 – When Required (Article 19 Management Plans) ◦ Changed minimum acreage for requiring a management

plan from four acres to five acres

§406.115(b) 1. For unauthorized impact to natural resources,

changed ratio of purchase and permanent protection of natural resource features for first time offenders to 2:1

2. amended language on calculation of fee in lieu of restoration


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Article 1 Setbacks, Height and Other Standards

§407.01Principal Building Dwelling Units on Lot• (a) Where a single lot or parcel of land is used for a single-

family attached or detached dwelling unit, only one dwelling unit shall be allowed on the lot, except as otherwise provided for in this ULDC. Other principal uses and buildings may be allowed as specified in these regulations. Accessory buildings such as sheds and garages may not be constructed prior to construction of a principal building.

§407.02 Permitted Building Area• The principal building or buildings on any lot or parcel…

Chapter 407 General Development Standards

Article 3 Signs

Sign section reformatted

Deleted separate TND/TOD section

§407.26 (f) Site to Which Numerical Limits for Freestanding Signs Are Applicable◦ Deleted (f) 3, The entire land area under common

ownership or management and included in a planned development.


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Article 3 Signs

• §407.28 (a)16 – changed 30 minute time limit to 5 minutes for changeable copy

• Added §407.29(a)10 to exempt signs internal to a development no larger than 24 sq ft and 4’ tall.

• §407.29.(b)5 amended language • Allows for signs internal to development without a permit with maximum size


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Article 3 Signs

◦§407.34 (a) one sign for single tenant sites one sign per 400 ft of street frontage for multi-tenant sites (public and private streets)

limited to 3 signs per external street frontage in lieu of separation distance


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Article 3 Signs

◦ §407.31(f) – Signs Allowed in Any Zoning District Deleted wayfinding sign language – no need for

separate wayfinding and incidental sign section 407.31

◦ §407.32 – Signs for Residential Development

Deleted Table 407.32.1 and put information into text Changed maximum size of permanent building signs

to 2 SF for single family residences Home based business only commercial message allowed


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Article 3 Signs

• §407.34 – Signs Allowed for Nonresidential Development

• Changed (d)1.a.iii to now allow any type of illumination for signs• Deleted standard in (b)2.d.v for 4”

letters on sidewalk signs


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Article 4 Landscaping § 407.43.1 Required Tree Plantings and Landscaping Landscaping for parking lot requirements:• Old - one tree per 10 spaces • New- meet 50% canopy requirement, no requirement for square

feet per parking area

Removed requirement for head-to-head parking to be

separated by a linear landscaped island.

• Code would now allow up to 15 head-to-head parking spaces in a row without a landscape island.


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Article 4 Landscaping§407.46 Required Irrigation

Changed irrigation requirements to only apply to required landscaping and only require a temporary irrigation system.

Require irrigation plans to be submitted with the landscaping plans only where permanent irrigation is proposed.

Require use of reclaimed water where available. Require trees to have individual low flow or micro-irrigation

supplies and for the irrigation to be discontinued once the trees or other plant materials are established.


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Article 4 Landscaping

Table 407.50.1 Appropriate Tree Plantings◦ Reduced all the 20 foot minimum tree planting

areas to 12 feet


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§407.54 (c) TNDs, TODs, and Mixed-Use Developments • Deleted Quality Mixed-Use Developments

• Combined regulations for open space for TNDs, TODs and Mixed Use Developments into one place.

§407.55 Designation of Open Space • Added the word “primary” to modify open space that shall be connected

with other open space when protection of the resources can be maintained

• Deleted the word contiguous

Chapter 407 General Development Standards Article 5 Open Space

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Article 6 Performance Standards – no changes• Fumes, glare, noise, Industrial standards

Article 7 TND and TOD• Major change in this article was to move language

to Article 4 Landscaping and Article 5 Open Space to consolidate regulations for all developments


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Article 8 - Subdivision Regulations §407.73(f)1 Clarified language concerning parent tracts

that are divided once without having to comply with the subdivision regulations.

§407.73(i) Deleted section on changes to plat by variance – not allowed by Statute

§407.75 Family Homestead Subdivisions◦ Expanded this section to include family subdivisions that

do not need the density exception granted by a family homestead certificate.


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Article 8 Subdivision Standards

§407.77(b)1.a.viii. • Added common renewable energy systems to the list of permitted uses in

open space areas for Rural/Agriculture Clustered Subdivisions. §407.83 Plat Document Requirements • added amount of the required surety and acceptable

documentation

§407.86(c)2. a. • Clarified language for which documents are required to be

submitted when an applicant is requesting the County to take over the maintenance of a facility.


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Article 9 Stormwater Management◦ No major changes – some clarifications◦ Added “storm-water related” to requirement for

submittal of electronic CAD files

Article 10 Building Design◦ No changes


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Article 11 Potable Water, Wastewater and Reclaimed Water Service §407.109 • DRC may authorize for exception for connection to centralized water

and sewer for certain non-residential uses and for new residential uses designated Estate Residential in the Comprehensive Plan.

• This clarification is consistent with the Comprehensive Plan. §407.109(d) Granting of Exceptions • Deleted requirement to install dry lines • Added requirements to use low-flow plumbing fixtures and use the

St. John’s River Water Management District’s Water Star standards.


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Article 11 Potable Water, Wastewater and Reclaimed Water Service §407.116.5 Reclaimed Water Supply• Added requirement that all new developments

within GRU’s reclaimed water service area shall provide reclaimed water to areas to be irrigated within the development.

Purpose is to encourage water conservation and require the use of the lowest acceptable quality source of water for landscape irrigation (reclaimed water)


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Article 12 Concurrency Management

§407.118 (d) 5• Added list of types of residential development

that are exempt from concurrency requirements for public school facilities


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Article 13 Access Management §407.133 Required Information

◦ Clarified information required for all driveway connection permits

§407.136 Other Access Management Considerations◦ Added requirement that all left-turn storage lanes,

at a minimum must include the addition of paved shoulders and a full-width asphalt overlay


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Article 13 Access Management §407.141 Minimum Design and Construction Standards for

Streets and Drainage Systems◦ added more roadway classifications to provide more variability in

required pavement thickness §407.141(g) Drainage Systems

◦ 6. Roadside Swales Added new requirements for open drainage systems (roadside

swales)

§407.141 (i) Intersection Design ◦ 4. Roundabouts and 5. Signal

Added language for roundabouts and when a signal is proposed to provide standards for current practice


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Article 14 Outdoor Lighting

New section. Moved all existing language for lighting into this article.

Added new section on athletic field lighting that would now apply to any athletic field not just fields associated with educational facilities.


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§408.14 Discontinuance of Nonconforming Uses of Land• Nonconforming open uses of land (junkyards, kennels,

commercial animal raising, etc.) must be discontinued within 18 months of notice by the County unless granted an extension by County Commission• Added provision for the County Commission to grant a longer

time frame to come into compliance based on certain criteria: No impact to public health, safety and welfare Substantial obligations incurred on behalf of the property

owner that would take longer to amortize. Provisions made to reduce noise, odor, glare

Chapter 408 Nonconformities Article 3 Nonconforming Uses

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Article 5 Other Nonconformities §408.21(a) 1.a. deleted language requiring

a signs to conform to current code including illumination standards when changing use of a property

Chapter 408 Nonconformities

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New and amended definitions irrigation, signs, simulated gambling, flood hazard areas…

Chapter 410 Definitions

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Alachua County Department of Growth Management

(352) 374-5249 [email protected]

Contact Information

mailto:[email protected]

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Unified Land Development Code Update 2012

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