§ 50-665. Zoning change criteria.

(a)

The following criteria shall serve as minimum requirements or criteria for the planning commission and the board of county commissioners to consider in a zoning change request, which a zoning request must meet in order to be approved by the board of county commissioners:

(1)

Whether the proposed zoning change or the uses that would be allowed by the proposed zoning change are compatible with the adjacent development, and with uses allowed in the land use and zoning districts in the surrounding area or neighborhood.

(2)

Whether the proposed zoning change or the uses that would be allowed by the proposed zoning change are consistent with the provisions of the comprehensive plan.

(3)

Whether the proposed zoning change or the uses that would be allowed by the proposed zoning change would protect the public health, safety, and welfare.

(4)

Whether the proposed zoning change or the uses that would be allowed by the proposed zoning change would not adversely affect property values for properties in the surrounding area or neighborhood.

(5)

Whether there are substantial reasons why the property cannot be used in accordance with the existing zoning district.

(6)

Whether the proposed zoning change or the uses that would be allowed by the proposed zoning change would cause a detrimental increased load on public infrastructure, including, but not limited to schools, utilities, roads, solid waste, than would otherwise be allowed with the existing zoning district.

(7)

Whether the proposed zoning change or the uses that would be allowed by the proposed zoning change would not reduce light and air to adjacent properties and would not cause an increase in smoke, odor, or glare than would otherwise be allowed with the existing zoning district.

(b)

Commercial. In addition to the foregoing criteria, the following criteria shall be applicable if the request is for a zoning change to a commercial designation:

(1)

Rural commercial nodes as shown on the future land use map will be limited to areas and uses as provided in the comprehensive plan.

(2)

On the principal arterial and intrastate systems, commercial development will be required to locate within areas expressly designated for such development as part of a municipal services district, rural commercial node, established community, or commercial land use or overlay, as identified and allowed by the comprehensive plan, with rights-of-way and frontage road reservations; or, outside such areas, shall be permitted only in planned unit developments, subject to the following restrictions and requirements:

a.

Commercial uses may be approved in planned unit developments provided that the amount of commercial land is limited to ten acres per 500 approved dwellings in the planned unit development. (Dwelling units per acre shall not exceed the densities established for the land use category in which the planned unit development is located.)

b.

For nonresidential planned unit developments, such as industrial, recreational or agribusiness, the amount of commercial land area is limited to the lesser of either:

1.

Ten acres per 100 acres of principal use; or

2.

Ten square feet of floor area per 100 square feet of principal use floor area.

3.

In addition, the principal uses in nonresidential planned unit developments shall be consistent with the land use category in which the planned unit development is located.

c.

Development permits for commercial land uses within planned unit developments shall be issued in direct proportion to, and shall not exceed, the percentage of building permits that have been issued for the principal uses; e.g., if ten percent of the commercial land use (computed from subsection (b)(2)a of this section) may be issued, etc.

d.

Commercial uses within planned unit developments shall be located not less than one mile from a commercial node which is shown on the future land use map, and shall be located not less than one mile from other commercial land uses within planned unit developments, unless the other commercial uses are immediately adjacent. The words "immediately adjacent" shall include commercial uses which would be adjacent except for an intervening right-of-way.

e.

Commercial uses within planned unit developments shall be located on local roads within the interior of the planned unit development, or at the intersection of collector or arterial roads and a major access road to the planned unit development.

f.

Commercial uses within planned unit developments shall not have direct access to arterial roads, all such access shall be from local or collector roads, and any direct access to collector roads shown on Map 2-1 of the traffic circulation element shall be located to meet state department of transportation standards.

g.

Regardless of the mix of land uses within the planned unit development, the commercial uses shall be accessory uses to and shall be functionally related to the principle uses, and shall not be dependent on the flow of traffic on the arterial system.

h.

It is the express intent of the board of county commissioners that the creation of municipal service taxing districts, for the purpose of financing the construction of frontage roads, will not work a hardship on owners of unimproved parcels. The article creating any such special district will:

1.

Assess only those parcels of land which have been developed.

2.

Exempt which the owner has voluntarily constructed a frontage road to county standards.

3.

Provide for periodic adjustments to ensure that revenues generated will be adequate to pay for future construction costs.

4.

Schedule frontage road preliminary engineering, design and construction to be completed after 50 percent of the highway frontage has been developed and before it reaches 75 percent developed.

i.

It is further the intent of the board of county commissioners that between Chiefland and Fanning Springs, all lands shall be designated as C-1, C-2 and C-3, reflecting the amount of existing development in the area, as reflected on the U.S. 19-98 Corridor Future Land Use and Zoning Districts map adopted by the board of county commissioners. These designations shall not preclude future consideration of, and rezoning to, C-4 or other commercial zoning designations if appropriate. Elsewhere in the county, land uses will be assigned to an appropriate zoning category, either through the board's adoption of a zoning map or atlas or upon application for a zoning designation and approval of such application by the board. Any zoning designation shall not preclude future consideration of, and rezoning to, another zoning district if appropriate and approved by the board.

j.

Any area reserved (not dedicated) for right-of-way and frontage road construction may be utilized by the owner for the following purposes only:

1.

On-premises advertising signs.

2.

Water retention areas.

3.

Off-street parking; provided, however, that the area will either be unpaved or paved to frontage road construction standards to eliminate the need for future reconstruction.

k.

At such time as a regional stormwater management plan is complete, all commercial site plans and development shall conform to such plan, and no right-of-way reservation area may be utilized for water retention.

l.

At such time as any segment of a principal arterial is scheduled for frontage road construction as a part of the state department of transportation five-year work program, the county comprehensive plan, through any joint county/state agreement or through special enabling legislation, right-of-way dedication will become mandatory and shall replace the reservation provisions of this article.

(1991 LDR ch. 79, § 3.05; Ord. No. 2007-03, § 20, 7-17-2007; Ord. No. 2009-02, §§ 19, 20, 7-7-2009)