ALACHUA COUNTY, FLORIDA
CHAPTER 402. DEVELOPMENT APPLICATION REVIEW PROCEDURES/CONTENTS
ARTICLE XVII. SPECIAL EXCEPTIONS
Sec. 402.105. Applicability.
All development applications for special exception approval shall comply with the
requirements of this article. (Ord. No. 05-10, § 2, 12-8-05)
Sec. 402.106. Definition of special exception.
(a) Definition. For the purposes of this Unified Land Development Code (ULDC),
a special exception is defined as a use that would not be appropriate generally or
without restrictions in a zoning district, but which, if controlled as to number,
area, location, appearance, character or relation to the surrounding
neighborhood and uses, would not adversely affect the public health, safety, or
welfare.
(b) Limits or restrictions on special exceptions. A special exception use may be
permitted in a zoning district when listed in the use table, article II of chapter 404,
subject to special conditions, limits or restrictions to ensure that the use is
consistent with the comprehensive plan, this ULDC, and other requirements of
the Alachua County Code.
(c) Exemption. Upon approval of a special exception by the board of county
commissioners, the applicant may submit a development plan to the DRC for
preliminary and final approval and is exempt from the requirements of article X,
section 402.44 requiring preliminary development plan approval by the board of
county commissioners for those proposals meeting or exceeding the development
thresholds. (Ord. No. 05-10, § 2, 12-8-05)
Sec. 402.107. Pre-application conference.
Prior to the submittal of an application for a special exception, the applicant shall
request and participate in a pre-application conference with the department.
(Ord. No. 05-10, § 2, 12-8-05)
Sec. 402.108. Neighborhood workshop.
An applicant shall hold a neighborhood workshop prior to submittal of a special
exception application in accordance with article V, Neighborhood Workshops, of
this chapter, except for minor revisions to existing special exceptions.
(Ord. No. 05-10, § 2, 12-8-05)
Sec. 402.109. Application requirements.
An application for a special exception shall be submitted in accordance with
article II, Common Development Application Elements, of this chapter.
(Ord. No. 05-10, § 2, 12-8-05)
Sec. 402.110. Public notice requirements.
Mailed notice, published notice and posted notice shall be required before the
first public hearing on any application for special exception or for revision of an
existing special exception, in accordance with the procedures outlined in article
IV, Notice of Hearings, of this chapter. Any subsequent public hearing shall
require only published and posted notice. (Ord. No. 05-10, § 2, 12-8-05)
Sec. 402.111. Review by the planning commission.
(a) Planning commission public hearing. All development applications for special
exception approval shall be considered by the planning commission at a public
hearing, prior to a public hearing or action by the board of county
commissioners.
(b) Consideration of special exception applications. The planning commission
shall consider a proposed special exception utilizing the criteria for approval listed
in section 402.113.
(c) Planning commission recommendation. A recommendation shall be prepared
and forwarded to the board of county commissioners. The recommendation shall
indicate if the proposed special exception should be approved, approved with
conditions or denied. (Ord. No. 05-10, § 2, 12-8-05)
Sec. 402.112. Action by the board of county commissioners.
(a) Public hearing. Upon receipt of the recommendations from the planning
commission, the board of county commissioners shall hold a public hearing to
consider a proposed special exception.
(b) Action by the board of county commissioners. Following the public hearing,
the board of county commissioners may take one of the following actions:
(1) Approve the special exception application;
(2) Approve the special exception application with conditions and limitations; or
(3) Deny the special exception application. (Ord. No. 05-10, § 2, 12-8-05)
Sec. 402.113. Criteria for approval.
The board of county commissioners shall, as part of a decision to approve an
application for special exception, make a finding that an application complies with
both the general criteria and the review factors listed below.
(a) The proposed use is consistent with the comprehensive plan and ULDC;
(b) The proposed use is compatible with the existing land use pattern and future
uses designated by the comprehensive plan;
(c) The proposed use shall not adversely affect the health, safety, and welfare of
the public; and
(d) Satisfactory provisions and arrangements have been made concerning the
following matters, where applicable:
(1) Ingress and egress to the property and proposed structures thereon with
particular reference to automotive, bicycle, and pedestrian safety and
convenience, traffic flow and control and access in case of fire or catastrophe;
(2) Off-street parking and loading areas where required, with particular attention
to item (1) above;
(3) The noise, glare or odor effects of the special exception on surrounding
properties;
(4) Refuse and service areas, with particular reference to location, screening and
items (1) and (2);
(5) Utilities, with reference to location and availability;
(6) Screening and buffering with reference to type, dimensions and character;
(7) Signs, if any, and proposed exterior lighting with reference to glare, traffic
safety and compatibility with surrounding properties;
(8) Required yards and other open space;
(9) General compatibility with surrounding properties; and
(10) Any special requirements set forth in this ULDC for the particular use
involved. (Ord. No. 05-10, § 2, 12-8-05)
Sec. 402.114. Conditions and safeguards.
In granting any special exception, the board of county commissioners may
prescribe appropriate conditions and safeguards in order to protect public health,
safety, and welfare, in conformity with this ULDC. Failure to comply with the
conditions adopted as part of a special exception shall constitute a violation
punishable by the penalties and remedies outlined in Chapter 409 of this ULDC.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 07-07, § 2 (Exh. A), 4-27-07)
Sec. 402.115. Minor and major amendments to existing special exceptions.
(a) Minor amendments. An amendment to an existing special exception shall be
considered minor where it will not cause an expansion to the existing use, or
additional impacts to surrounding properties, natural resources, or public
infrastructure.
(b) Major amendments. A major amendment to an existing special exception is
any change that is not deemed to be a minor amendment in accordance with
subsection (a) above.
(c) Review of minor and major amendments.
(1) Minor amendments. A minor amendment to an existing special exception
shall not require a planning commission public hearing and shall only require one
public hearing with the board of county commissioners.
(2) Major amendments. A major amendment to an existing special exception
shall be reviewed in public hearings of the planning commission and the board of
county commissioners in the same manner as a new application.
(Ord. No. 05-10, § 2, 12-8-05)
Sec. 402.116. Administrative time extensions.
The director may grant a one time extension, for a maximum of 90 days, if a
complete and sufficient application for development plan review, in accordance
with article III, Preliminary Procedures for all Applications, of this chapter, has
been submitted to the development review committee a minimum of 60 days
prior to the expiration of the time limit. (Ord. No. 05-10, § 2, 12-8-05)
ARTICLE XVIII. SPECIAL USE PERMITS
Sec. 402.124. Criteria for approval.
The board of county commissioners shall, as part of a decision to approve an
application for a special use permit, make a finding that an application complies
with both the general criteria and the review factors listed below:
(a) The proposed use is consistent with the comprehensive plan and ULDC;
(b) The proposed use is compatible with the existing land use pattern and future
uses designated by the comprehensive plan;
(c) The proposed use shall not adversely affect the health, safety, and welfare of
the public; and
(d) Satisfactory provisions and arrangements have been made concerning the
following matters, where applicable:
(1) Ingress and egress to the property and proposed structures thereon with
particular reference to automotive, bicycle, and pedestrian safety and
convenience, traffic flow and control and access in case of fire or catastrophe;
(2) Off-street parking and loading areas where required, with particular attention
to item (1) above;
(3) The noise, glare or odor effects of the special exception on surrounding
properties;
(4) Refuse and service areas, with particular reference to location, screening and
items (1) and (2) above;
(5) Utilities, with reference to location and availability;
(6) Screening and buffering with reference to type, dimensions and character;
(7) Signs, if any, and proposed exterior lighting with reference to glare, traffic
safety and compatibility with surrounding properties;
(8) Required yards and other open space;
(9) General compatibility with surrounding properties; and
(10) Any special requirements set forth in this ULDC for the particular use
involved.
(Ord. No. 05-10, § 2, 12-8-05)
Sec. 402.125. Conditions and safeguards.
In granting any special use permit, the board of county commissioners may
prescribe appropriate conditions and safeguards in order to protect public health,
safety, and welfare, in conformity with this ULDC. Failure to comply with the
conditions adopted as part of a special use permit shall constitute a violation
punishable by the penalties and remedies outlined in Chapter 409 of this ULDC.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 07-07, § 2(Exh. A), 4-27-07)
CHAPTER 407. GENERAL DEVELOPMENT STANDARDS
ARTICLE VI. PERFORMANCE STANDARDS
Sec. 407.60. Nonresidential performance standards.
These performance standards shall apply to all nonresidential uses:
(a) Fumes, vapors and gases. There shall be no emission of any fumes, vapors or
gases of a noxious, toxic or corrosive nature which can cause damage or irritation
to health, animals, vegetation or to any form of property or which results in the
violation of any applicable federal, state or local requirements or creates a public
nuisance.
(b) Waste discharge. There shall be no discharge of any wastes into any private
sewage disposal system, surface water body, stormwater management system or
into the ground of a kind or nature which can contaminate any water supply or
otherwise cause the emission of dangerous elements or conditions or results in
the violation of any applicable federal, state or local requirements or creates a
public nuisance. There shall be no accumulation of uncontained solid wastes
conducive to the breeding of rodents or insects.
(c) Heat, cold, dampness or movement of air. Activities which shall produce any
adverse effect on the temperature, motion or humidity of the atmosphere
beyond the lot line shall not be permitted.
(d) Odor. There shall be no emission of odorous gases or other odorous matter
in such quantities as to be offensive or obnoxious or which results in the violation
of any applicable federal, state or local requirements or creates a public nuisance
beyond the property line on which the principal use is located. Any process,
including the preparation of food, which may involve the creation and emission of
any such odors shall be provided with both a primary and a secondary safeguard
system so that odor control may be maintained in the event of failure of the
primary safeguard system.
(e) Glare. There shall be no direct glare visible from any residential district
caused by unshielded floodlights or other sources of high intensity lighting.
(f) Noise. Noise from any activity or from any permissible use of property shall
not exceed the standards set forth in section 110.04 of the Alachua County Code.
(Ord. No. 05-10, § 2, 12-8-05)
Sec. 407.97. Plan review.
The following information, plans and supporting data must be included
with the applicant's final development plan:
(a) An aerial photograph delineating the project area and the watershed
boundaries in which the project is located.
(b) A map of the project that shows the following information:
(1) Project boundary;
(2) Existing topography of the project at one-foot contour intervals and existing
spot elevations with the existing drainage patterns clearly established;
(3) Additional off-site topographical information may be needed to adequately
identify drainage patterns;
(4) The drainage boundary of the area of any lands outside the project limits
contributing runoff to the project for both pre-development and postdevelopment;
(5) Existing 100-year floodplains and/or floodways;
(6) A plan of the proposed land use and land cover, including acreage and
percentage of impervious surfaces;
(7) Description of vegetative cover, locations of any wetlands, surface waters or
other known conservation areas;
(8) Proposed construction phases;
(9) Rights-of-way, common areas, and/or easement locations;
(10) Location of existing and proposed stormwater retention and/or detention
facilities, including size, design capacity, 100-year flood elevation, side slopes,
depth of pond, retained and/or detained runoff volumes, and treatment volumes;
(11) Detailed grading plan with sufficient spot elevations to determine the
direction of flow;
(12) Certified erosion and sedimentation control plan. See section 407.95 for
requirements; and
(13) Stormwater pollution prevention plan (SWPPP). A SWPPP should be
submitted for all projects. This plan shall be included in the erosion and
sedimentation control plan.
(c) Certified hydrologic and hydraulic calculations that must include:
(1) A description of the proposed stormwater management plan;
(2) Hydrologic and hydraulic model input and output for pre-development and
post-development conditions;
(3) Pipe-sizing calculations;
4) Calculations used to size all treatment facilities;
(5) Identification of the classification of the receiving watershed and/or
municipal separate storm sewer system (MS4); and
(6) The name of any water body or stream to which the project discharges.
(d) Soils report that includes borings, water table encountered, estimation of
seasonal high water table, and estimated soil permeability/hydraulic conductivity.
Soil borings must be performed to a depth of at least ten feet below the proposed
basin bottom and at a frequency of two borings per one-quarter of an acre of
basin bottom area. For systems that contain multiple basins, there shall be a
minimum of one boring per basin.
(e) A statement designating the entity that will be responsible for the operation
and maintenance of the stormwater management system. A copy of the
restrictive covenants for the establishment of a homeowners' association must be
submitted, if applicable. The restrictive covenants shall contain a statement
indicating that, upon the homeowners' association's written request, Alachua
County will inspect the stormwater management system prior to the developer
transferring responsibility for the maintenance of the system to the association.
(f) A statement, certified by the engineer responsible for the design, that will
read as follows:
"I hereby certify that the design of the stormwater management system for the
project known as _________ meets all of the requirements and has been
designed substantially in accordance with the Alachua County Stormwater
Management Ordinance."
(g) A proposed maintenance plan for the stormwater management system. This
plan, along with the estimated annual maintenance costs, shall be incorporated
into the restrictive covenants required by this chapter.
(h) Off-site easements for stormwater management facilities will be required
when either of the following conditions exist:
(1) The discharge is into any man-made facility for which Alachua County does
not have either drainage easements or rights-of-way.
(2) The discharge is into a natural system such that the rate or character (i.e.,
sheet flow versus concentrated flow) of the flow at the property line has been
changed. The easement will be required to a point at which natural conditions are
duplicated.
(3) Prior to the issuance of a construction permit, a copy of all other applicable
state, water management district, or city permits must be submitted.
(Ord. No. 05-10, § 2, 12-8-05)
Sec. 407.106. Alternative compliance.
(a) The provisions of this Article shall be liberally construed to effectively carry
out the purpose and the intent of the Alachua County Comprehensive Plan and of
this article in the interest of the health, safety and welfare of the residents of the
county.
(b) An applicant may submit a development plan which varies from the strict
application of the requirements of this article in order to accommodate unique
site features or characteristics or to utilize innovative design.
(c) Such a development plan may be approved only upon a finding that it fulfills
the purpose and intent of the Alachua County Comprehensive Plan and of this
article as well as or more effectively than would adherence to the strict
requirements.
(Ord. No. 05-10, § 2, 12-8-05; Ord. No. 07-07, § 2(Exh. A), 4-27-07)