BOARD OF COUNTY COMMISSIONERS

BOARD OF COUNTY COMMISSIONERS ORDINANCE 04- 0 6

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ~-~ - - - ~~- ~ , & % J A COUNTY, FLORIDA, AMENDING SECTION 390.03 WITHIN PART IlI, UNIFIED LAND DEVELOPMENT CODE, TITLE 39 (THE ALACHUA COUNTY CODE). BY PROVIDING A REVISED DEFINITION

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DEFINITION FOR A COIN OPERATED AMUSEMENT MACHINE, AN AMENDED DEFINITION FOR A CHILD CARE CENTER AN AMENDED DEFINITION FOR A FAMILY CHILD CARE HOME. ADDING A

DEFINITION FOR MINOR SPECIAL EXCEPTIONS k V D MINOR SPECIAL ~ ~

USEPERMITS &I A%MG A

D E F G T ~ ~ F O R

LARGE

FAMILY CHILD CARE HOME; AMENDING SECTION 392.31 BY PROVIDING FOR LARGE FAMILY CHILD CARE HOMES. AMENDING SECTION 392.32 BY SECTION 392.33 BY PROVIDING FOR LARGE FAMILY C ~ CARE D HOMES, AMENDING SECTION 393.06 BY PROVIDNG FOR A REVISED DEFINITION OF DAY CARE CENTERS; AMENDING SECTION 395.20 BY PROVIDING FOR A MINOR SPECIAL USE PERMIT: AMENDING

SECTION 396.02 (INITIATION OF PROPOSALS FOR AMENDMENT) BY

SPECIAL EXCEPTION PROCESS;-=EEING S E C T I ~ N ~ ~ ~ ~ B Y PROVIDING FOR A MINOR SPECIAL EXCEPTION, PROVIDING FOR

SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE: EFFECTIVE DATE.

WHEREAS, the Board of County Commissioners of Alachua County, Florida, is authorized, directed and empowered to enact a comprehensive plan to guide and regulate the growth and development of the County pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act; and

WHEREAS, the Board of County Commissioners of Alachua County, Florida, wishes to make amendments to the Alachua County Unified Land Development Code, Part 111, Title 39, Zoning, amending the definitions section of the code to allow for coin operated amusement machines and large family day care home; the provision for obtaining minor special use permits

and minor special exceptions; and providing flexibility consistent with comprehensive plan provisions, and,

WHEREAS, the Board of County Commissioners, acting as the Land Development Regulation Commission, has determined that the land development regulations that are the subject of this ordinance'are consistent with the Alachua County Comprehensive Plan; and,

WHEREAS, duly noticed public hearings were conducted on such proposed amendment on May 25,2004 and June 22,2004 by the Board of County Commissioners, all hearings being held after 2 0 0 o'clock p.m.;

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ALACHUA COUNTY, FLORIDA:

Section 1. Legislative Findings of Fact. The Board of County Commissioners of Alachua County, Florida, finds and declares that all the statements set forth in the preamble of this ordinance are true and correct.

Section 2. Section 390.03 Definitions is hereby amended to read as follows:

. . .

Commercial recreation and entertainment: Recreation and entertainment uses, which include motion oicture theaters, amusement arcades, pool halls, bowling lanes, skating rinks, miniature

golf, carnival-type concessions and rides, and boating and fishing facilities. Coin-operated amusement machines (excluding motion picture viewers or video arcades) of 10 or fewer machines shall be allowed as an accessory use to a restaurant in those zoning districts where restaurants are permitted and shall not be considered commercial recreation and entertainment provided that the machines are authorized by the Florida Deuartment of Revenue and an Amusement Machine Certificate is posted in a cons~icuous place at the machine location.

Coin overated amusement machine: Anv machine operated by coin. slug. token. couvon, or similar device for the purposes of entertainment or amusement. The term includes but is not limited to. coin-operated pinball machines, music machines, iuke boxes, mechanical games, video games. arcade games. billiard tables. moving picture viewers. shooting galleries, and all other similar amusement devices.

Child care center means anv establishment that vrovides child care for more than five children unrelated to the operator and which receives a payment, fee, mant. or compensation in anv form for anv of the children receiving care, wherever operated and whether or not operated for profit, exceot that the following are not included: family child care homes, large family child

care

homes. public schools and non public schools and their intemal promams. summer camus having children in full-time resi'dence. summer dav camps, and Bible schools normally conducted during vacation periods.

Family child care home: A residence licensed by the local licensing agency in which child care is remlarlv provided for children ftom at least two unrelated families but excluding large family dav care homes.

Larae familv child care home: A residence licensed bv the local licensing agencv in which child care is regularly vrovided for children from at least two unrelated families that is licensed to care for a greater number of children than allowed for in a familv dav cay care home.

Saecial exceations: minor: A minor saecial exception is a use that would not be appropriate generallv or without restriction throuhout a zoning district but which, if controlled as to number, area. location. intensitv or relation to the neighborhood. would not be detrimental to the public health. safetv and welfare. Minor special exceptions shall be determined to have a limited impact and be specificallv listed in the Code or as an amendment to an existing special exception where that amendment will not cause an exoansion to an existing use. additional impacts to surrounding properties or additional impacts to the public infrastructure. As set forth in Section 396.02, minor special exceptions shall not reauire a ~lanning commission public hearing and shall only reauire one public hearing before the Board of Countv Commissioners.

Special use permit: minor: A minor special use permit shall be determined to have a limited impact and be specificallv listed in the Code or as an amendment to an existing special use permit where that amendment will not cause an expansion to an existing use, additional impacts to surrounding orooerties or additional impact to the public infrastructure. As set forth in Section 396.02. minor special use permits shall not require a planning commission public hearing and shall onlv require one public hearing before the Board of Countv Commissioners.

Section 3 9 i 2 0 . A agricultural district is hereby amended to read as follows:

It is the intent of the agricultural district to implement the rural and agricultural policies of the future land use element of the comprehensive plan to develop rural areas consistent with the retention of agriculture and the preservation of environmentally sensitive areas.

(1) Uses permitted. ,

a. Single-family dwellings, including manufactured homes, and mobile homes meeting inspection and certification requirements found in section 393.16(b)(l)e.l, 2 , 3 and 4, with their customary uses, on the basis of one dwelling per each five acres of land or more under the same ownership. Family clay

child

care homes and large family child

. . .

care homes

f

i

Secction 392.31. Single-family residential districts, RE, RE-1, R-laa, R-la, R- lb, R-lbb, and R-lc is hereby amended to read as follows:

It is the intent of the single-family residential districts to implement the urban residential policies of the future land use element of the comprehensive plan. The single-family residential districts shall implement the estate residential, low density residential, and, in some instances, the medium density residential density ranges on the future land use map.

(1) Usespermitted.

a. RE, RE-1, R-laa, R-la, R-lb, R-lbb. Single-family dwellings and customary accessory buildings thereto d P f a m i l y Bty &&j care homes and lame family child care homes

b. R-lc. Single-family dwellings, manufactured homes, and mobile homes meeting inspection and certification requirements found in section 393.16(b)(l)e.l, 2 , 3 and 4, for living purposes, iwB customary accessory buildings thereto

and

F family day care homes and large family child care homes w@ed+md

Section 392.32. Multiple-family residential districts, R-2, R-2a and R-3 is hereby amended to read as follows:

It is the intent of the multiple-family residential zoning district to implement the Urban Residential policies of the Alachua County Future land use element of the comprehensive plan. Multiple-family districts, therefore, shall be allowed only in those areas designated medium, medium-high, or high density residential on the fbture land use map.

R-2 district. Single-family detached dwellings, single-family attached dwellings, multiple- family dwellings, familv child care homes,

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familv child care homes, assisted living facilities, and customary accessory buildings incidental thereto.

. .. R-2a. Singie-family detached dwellings, single-family attached dwellings, multiple-family

dwellings, familv child care homes, large familv child care homes, assisted living facilities,

and

customary accessory buildings incidental thereto.

R-3 district. Single-family attached dwellings, single-family detached dwellings, multiple- family dwellings, familv child care homes,

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familv child care homes, assisted living facilities, roominghouses, fraternities, sororities, dormitories, and customary accessory buildings incidental to these uses permitted.

Section 392.33.

RP

residentiaUprofessional district is hereby amended to read

as follows:

( 1 ) Usespermitted.

Single-family detached dwellings, single-family attached dwellings, multiple family dwellings, familv child care homes, familv child care homes, assisted living facilities, and accessory buildings incidental thereto.

Section 393.06. Churches and schools is hereby amended to read as follows:

(2) Private schools, including child care centers, shall be permitted in R- 2, R-2% R-3,

RP,

BP, BA, ML, and MS districts, provided that the following

requirements are met:

a. Off-street parking'shall be provided as set forth in section 393.26 of these regulations.

b. The principle building and accessory buildings shall comply with the yard and setback requirements of the district in which they are located; and, in no case, less than the minimum requirements set forth in the R-3 district.

(3) Private schools, including child care centers, may be permitted in districts other than those enumerated in subsection (2) of this section by special use permit as set forth in chapter 395, article

U,

of these regulations.

Section 395.20. Uses requiring special use permit is hereby amended to read as follows:

Special use permits shall be required for the following uses: special events camping; mines; borrow pits; landfills; manufactured home and mobile home sales; junkyards; produce stands on commercially zoned private property; kennels and their customary accessory uses; package treatment plants, as provided in the Wastewater and Wastewater Treatment Facilities Ordinance, chapter 363, article IV; community service organizations in residential and agricultural zones; parking lots of more than five spaces designed for vehicles in excess of one

ton capacity (excluding shbrt-term loading areas) in business/commercial districts; and other uses specifically authorized for special use permits in these regulations; and any other special or unusual uses not otherwise specifically referred to or provided for in these regulations.

Amendments to existing special use permits where no expansion of the existing use. no additional impacts to surrounding properties and no additional impacts to the public

inffastmcture shall result as result fiom the amendment mav be considered in accordance with the process for a minor special use permit set forth in Section 396.02.

Section 396.02. Initiation of proposals for amendment is hereby amended to read as follows:

A zoning map or text amendment may be proposed by the county commission or any person; provided, however, that no person shall propose a map amendment (except as agent for an owner) which he does not own. All proposals for rezoning amendments, except minor special use permits or minor special exceptions, shall be considered first by the planning commission in the matter herein set forth. Minor special use permits and minor special exceptions shall be considered bv the Board of Countv Commissioners onlv. All proposals for zoning amendments shall be submitted in writing to the office of planning and development, accompanied by all pertinent information required by the planning commission for proper of the matter, along with payment of fees and charges as have been established by the county commission. No application for zoning amendment shall be heard until such fees and charges have been paid. Any applicant wishing to apply for a rezoning, special use permit, temporary use permit, nonconforming use or

special exception as set forth under title 39 of this Code or otherwise amend by public hearing the land use designation of a given parcel or parcels, shall be required to provide verification that no real property taxes are overdue or outstanding.

. . .

Section 396.06. Duties in passing on special exception; conditions governing petitions; procedures; findings. is hereby amended to read as follows:

The county commissibn is empowered to hear and decide only such special exceptions as it is specifically authorized to pass on by the terms of these regulations, to decide such questions as are involved in determining whether or not special exceptions should be granted, to grant special exceptions with such conditions and safeguards as are reasonable and appropriate under these regulations, or to deny any special exceptions when not in harmony with the purpose and intent of these regulations. Minor special exceptions shall be subiect to all reauirements as set forth in this section. Minor special exceptions shall be heard only when specificallv listed elsewhere in this code or when considering minor amendments to existing special exceptions where no expansion of the existing use, no impacts to surrounding properties and no additional impacts to the public infrastructure shall occur as a result of the minor amendment. A special exception shall not be granted by the county commission unless and until:

(1) Written petition. A written petition for special exception is submitted indication the section of these regulations under which the special exception is sought and stating the grounds on which it is requested, with particular reference to the types of finding which the county commission must make under subsection (3) of this section. The

petition should include material necessary to demonstrate that the granting of the special exception will be in harmony with the general intent and purpose of these regulations, and will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. Such material may include, but is not limited to, the following where applicable:

a. Site plans at an appropriate scale showing proposed placement of structures on the property, provisions for ingress and egress, off-street parking, and off-street loading areas, refuse and service areas, and required yards and other open spaces. b. Plans showing proposed locations for utilities hook-up.

c. Plans for screening and buffering with reference as to type, dimensions, and character. Where these regulations place additional requirements on specific special exceptions, the petition should demonstrate that such requirements are met.

( 2 ) Public hearing. The planning commission and the county commission shall hold public hearings to consider applications for special exceptions in the manner set forth in sections 396.04 through 396.06, inclusive. As set forth in Section 396.02, minor special excevtions shall not require a vlanning commission public hearing and shall onlv require one ~ u b l i c hearing before the Board of Countv Commissioners. (3) Findings. Before any special exception shall issue, the county commission shall

make a written finding that it is empowered under the section of these regulations described in the petition to grant the special exception, and that granting for the special exception will not adversely affect the public interest. Before any special

exception shall issue, the county commission shall further make written findings certifying that the specific requirements governing the individual special exception, if any, have been met by the petitioners and that, further, satisfactory provisions and arrangements have been made concerning the following matters, where applicable: a. Ingress and egress to property and proposed structures thereon with particular

reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.

b. Off-street parking and loading areas where required, with particular attention to the items in a above and the economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district. c. Refuse and service areas, with particular reference to the items in subsections a

and b above.

d. Utilities, with reference to locations, availability, and compatibility. e. Screening and buffering with reference to type, dimensions, and character. f. Signs, if any, and proposed exterior lighting with reference to glare, traffic safety,

economic effects, and compatibility and harmony with properties in the district. g. Required yards and other open space.

h. General compatibility with adjacent properties and other property in the district. i. Any special requirements set for tin the district regulations for the particular use

involved.

( 4 ) Conditions and safeguards. In granting any special exception, the county

these regulatiohs. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed

a

violation of these regulations.

(5) Denial. If the county commission shall deny a special exception, it shall state fully in is record its reasons for doing so. Such reasons shall take into account the factors stated in subsection (3) above, or such of them as may be applicable to the action of denial, and the particular regulations relation to the specific special exception requested, if any..

Section 3. Inclusion in the Code. Scrivener's Error. It is the intention of the Board of County Commissioners of Alachua County, Florida, and it is hereby provided that, at such time as the Development Regulations of Alachua County are codified, the provisions of this ordinance shall become and be made a part of the Unified Development Code of Alachua County, Florida; that the sections of this ordinance may be renumbered or re-lettered to accomplish such

intention, and the word "ordinance" may be changed to "section," "article," or other appropriate designation. The correction of typographical errors which do not affect the intent of the ordinance may be authorized by the County Manager or designee, without public hearing, by filing a corrected or re-codified copy of the same with the Clerk of the Circuit Court.

Section 4. Ordinance to be Liberally Construed. This ordinance shall be liberally construed in order to effectively cany out the purposes hereof which are deemed to be

in

the best interest of the public health, safety, and welfare of the citizens and residents of Alachua County, Florida.

Section 5. Severability. It is the declared intent of the Board of County Commissioners that, if any section, clause, phrase, or provision of this ordinance is held invalid or

unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not be so construed as to render invalid or unconstitutional the remaining provisions of this ordinance.

Section 6. Effective Date. A certified copy of this ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners within ten (10) days after enactment by the Board of County Commissioners, and shall take effect upon filing with the Department of State.

DULY AD~PTED in regular session, this

22nd

day of June, 2004 A.D.

BOARD OF COUNTY COMMISSIONERS OF ALACHUA COUNTY, FLORIDA

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k&,

By:

Mike byerly, Chair IJ

ATTEST:

APPROVED AS TO FORM:

DEPARTMENT APPROVAL AS TO CORRECTNESS: