For purposes of Part 1, certain terms and words are defined as follows:

(a)

Administrative deviation means a relaxation of the following Zoning Code requirements: minimum lot area, required yards, increase the maximum number of parking spaces allowed so long as the landscaping is not also reduced and a professional study is performed and approved by the Department, minimum number of required off-street parking spaces, minimum landscaping requirements, maximum lot coverage and maximum height of structures, including fences, that the Zoning Administrator is authorized to grant pursuant to the procedures set forth in Section 656.109(e) through (j). Requests to modify lot requirements so as to increase the permitted density of multiple-family dwellings are specifically prohibited. However, for a maximum of two dwellings or two contiguous lots, an application may be made to decrease the lot width, pursuant to criteria in Sec. 656.109.

(b)

Adversely affected person means any person who is suffering or will suffer an adverse effect to an interest protected or furthered by the Comprehensive Plan or the Zoning Code. The alleged adverse effect may be shared in common with other members of the community at large, but must exceed in degree the general interest in community good shared by all persons.

(c)

Chief means the Chief of the Current Planning Division.

(d)

Comprehensive Plan means the 2010 Comprehensive Plan prepared and adopted pursuant to Chapter 650, Ordinance Code, and F.S. Ch. 163, Pt. II, as amended from time to time.

(e)

Reserved

(f)

Commission means the Planning Commission or the Downtown Design Review Board ("DDRB"), as the case may be.

(g)

Department means the Planning and Development Department.

(h)

Director means the Director of the Planning and Development Department.

(i)

Exception means a use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location or relation to the neighborhood, could promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permissible in the zoning district as exceptions if specific provision for the exception is made in the Zoning Code and the uses are found by the Commission and the Council to be in conformity with the standards and criteria set forth in Section 656.131(c). In the case of exceptions for telecommunication towers, the supplemental standards and criteria contained in Part 15 shall also apply.

(j)

Future Land Use Maps Series ("FLUMS") means the Future Land Use Map Series of the 2010 Comprehensive Plan.

(k)

Variance means a relaxation of the terms of the Zoning Code which will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the Zoning Code would result in unnecessary and undue hardship. Establishment or expansion of a use otherwise prohibited or not permitted shall not be allowed by variance nor shall a variance be granted because of the presence of nonconformities in the zoning district or in adjoining zoning districts. Requests to modify lot requirements so as to increase the permitted density of multiple-family dwellings shall not be considered a variance and is are specifically prohibited. A variance shall not change the uses permitted or permissible by zoning exception in a zoning district.

(l)

Waiver means a relaxation of the Zoning Code minimum distance requirements for liquor license locations, pursuant to Section 656.805 herein, and for minimum street frontage, pursuant to Section 656.407. Waivers are authorized to be granted by the Commission pursuant to the criteria set forth in Section 656.133.

(m)

Zoning Administrator means the Zoning Administrator, Planning and Development Department. The Zoning Administrator has the authority to grant administrative deviations and issue written zoning verifications, to accept applications for rezonings, variances, exceptions, waivers and administrative deviations, and such other duties as are set forth in the Zoning Code or may be delegated by the Director from time to time.

(Ord. 91-59-148, § 1; Ord. 91-761-410, § 1; Ord. 94-436-709, § 4; Ord. 96-296, § 4; Ord. 98-678-E, § 1; Ord. 2001-715-E, § 11.6; Ord. 2017-318-E, § 1)

This Chapter, as amended from time to time, shall be known and may be cited as the "Zoning Code."

(Ord. 91-59-148, § 1; Ord. 2017-318-E, § 2)

This Chapter shall apply to all territory under the jurisdiction of the City with the exception of Urban Services Districts 2, 3, 4 and 5.

(Ord. 91-59-148, § 1)

This Chapter is adopted pursuant to the requirements and authority of F.S. § 163.3202.

(Ord. 91-59-148, § 1)

The purpose of the Zoning Code shall be to promote the health, safety, morals and general welfare of the public, to regulate the use of land and buildings and to implement the Comprehensive Plan adopted pursuant to Chapter 650, Ordinance Code and F.S. Ch. 163, Pt. II (Local Government Comprehensive Planning and Land Development Regulation Act), hereinafter referred to as LGCPLDRA.

(Ord. 91-59-148, § 1)

Any public notice or advertisement required in this Chapter to be published in a newspaper of general circulation is also permitted to be published via such other advertisement or notice method as permitted by law (e.g., a publicly accessible website).

(Ord. 2023-187-E, § 14)

(a)

It is not the intent of the provisions of the Zoning Code to interfere with or abrogate or annul any easement, covenant or other agreement between parties; provided, however, that when the regulations of the Zoning Code impose a greater restriction upon the use of buildings or land, or upon the height of buildings, or require larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of this Chapter shall control.

(b)

It is the intent of the City that all regulations of the Zoning Code be applied and interpreted so as to protect and be consistent with civil rights recognized by the U.S. and Florida Constitutions, ordinances and laws, including the Jacksonville Fair Housing Ordinance, the Rehabilitation Act of 1973, the U.S. Fair Housing Act, the U.S. Civil Rights Acts of 1964 and 1968, the Religious Land Use and Institutionalized Persons Act of 2000, and the Americans with Disabilities Act as such laws may be amended from time to time. Employees of the Planning and Development Department, including the Planning Director, employees of the Office of the General Counsel, and the Planning Commission are directed to avoid any and all interpretations or applications of the Zoning Code which would unlawfully infringe upon the civil rights of any person.

(Ord. 91-59-148, § 1; Ord. 2017-36-E, § 1)

Editor's note— The provisions of former § 656.108, relative to severability, were deleted as part of the Super Supplement to the Code. Former § 656.108 derived from Ord. 91-59-148, § 1.

(a)

It shall be the responsibility of the Department to administer, enforce and interpret the Zoning Code, including ordinances related to Planned Unit Development districts. The Director shall have the duty and authority to interpret and enforce the provisions of the Zoning Code, issue, suspend or revoke certificates of use, and to promulgate the rules, regulations and procedures found necessary for the implementation and enforcement of the Zoning Code. A Written Interpretation may be requested by any resident, landowner or any person having a contractual interest in land in the City, and who is, or stands to be, an adversely affected person as a result of the implementation of any provision of the Zoning Code. Before a Written Interpretation is made by the Director, a Request for Written Interpretation shall be submitted to the Director on the form established by the Director, together with the required fee, as specified in Section 656.147. Within five working days after a Request for Written Interpretation has been received, the Director shall determine whether the request is complete. If the Director determines that the request is not complete, a written notice shall be sent to the applicant specifying the deficiencies. The Director shall take no further action on the Request for Written Interpretation until the deficiencies are remedied. Within 30 days after a Request for Written Interpretation has been determined to be complete, the Director shall review and evaluate the request in light of the Comprehensive Plan, the Zoning Code, the Zoning Atlas, and other statutes, codes, ordinances and regulations, to the extent applicable, consult with the Office of General Counsel, or other affected City staff, and then render an interpretation. The interpretation shall be in writing, approved as to form by the Office of General Counsel and mailed to the applicant by certified mail, return receipt requested.

(b)

Where it is alleged there is an error in any Written Interpretation of the Zoning Code, made by the Director, an appeal may be made to the Commission pursuant to the provisions of Section 656.135.

(c)

Applications for rezonings and administrative deviations shall be made to the Department as provided herein. Applications for zoning exceptions, variances and waivers shall be made as provided in subpart D. Requests for administrative deviations for properties located within the Downtown Overlay Zone, as defined in Section 656.361.2 shall be processed as a deviation from standards pursuant to Section 656.361.22.

(d)

The Zoning Administrator, or if absent, as designated by the Director, is authorized to grant administrative deviations in areas outside of the Downtown Overlay Zone as defined in Section 55.105, to do the following:

(1)

Reduce minimum lot area and required yards,

(2)

Reduce the minimum number of required off-street parking spaces,

(3)

Reduce the minimum landscaping requirements,

(4)

Increase the maximum lot coverage,

(5)

Adjust areas of situational compatibility buffer requirements, set forth in Section 656.399.19,

(6)

Adjust required driveway aisle widths,

(7)

Increase the allowable maximum height of structures, including fences,

(8)

Increase the maximum number of off-street parking spaces so long as the landscaping is not also reduced and a professional study indicating that more spaces are warranted is performed and approved by the Department, and

(9)

Decrease lot width so long as at least 80 percent of the existing context development pattern is similar.

(e)

Applications for an administrative deviation shall be in writing on the forms prescribed by the Department, and filed with the Department together with the required number of copies and all required attachments. Upon receipt of the application, the Zoning Administrator shall determine whether the application is complete within five working days. If it is determined that the application is not complete, written notice shall be provided to the applicant specifying the deficiencies. The Zoning Administrator shall take no further action on the application until the deficiencies are remedied. When the application is determined to be complete, all fees must be paid.

(f)

The Zoning Administrator shall schedule the application for a hearing within 30 days after the completed application has been filed. Upon establishment of a hearing date, notice of hearing shall be given pursuant to the written notice and posting of sign requirements of Section 656.137(a) and (c). No published advertisement shall be required.

(g)

To the maximum extent practicable, the hearings shall be informal. All hearings shall be recorded on tape by the Department. All hearings shall be conducted by the Zoning Administrator. Written reports containing findings and a recommendation shall be prepared by the Department staff and transmitted to the Zoning Administrator at least five days in advance of the hearing.

(h)

In order to authorize an administrative deviation, the Zoning Administrator shall first determine whether the need for the proposed deviation arises out of the physical surroundings, shape, topographic condition or other physical or environmental conditions that are limited to the specific property involved. If so, the Zoning Administrator shall make the required findings based on the granting of the administrative deviation for that property alone. If, however, the condition is common to numerous sites, so that requests for similar deviations are likely to be received, the Zoning Administrator shall make the required findings based on the cumulative effect of granting the deviation to all who may apply. The Zoning Administrator shall not grant an administrative deviation unless he makes a positive finding, based on substantial competent evidence, on each of the following criteria:

(1)

There are practical or economic difficulties in carrying out the strict letter of the regulation;

(2)

The request is not based exclusively upon a desire to reduce the cost of developing the site, but would accomplish some result that is in the public interest, such as, for example, furthering the preservation of natural resources by saving a tree or trees.

(3)

The proposed deviation will not substantially diminish property values in, nor alter the essential character of, the area surrounding the site and will not substantially interfere with or injure the rights of others whose property would be affected by the deviation;

(4)

The proposed deviation will not be detrimental to the public health, safety or welfare, result in additional public expense, the creation of nuisances, or conflict with any other applicable law;

(5)

The proposed deviation has been recommended by a City landscape architect, if the deviation is to reduce required landscaping; and

(6)

The effect of the proposed deviation is in harmony with the spirit and intent of the Zoning Code.

If the deviation is proposed to correct an existing violation, the Zoning Administrator shall also consider the following factors:

(i)

Whether the violation was created by the applicant with intent to violate the provisions of this Zoning Code;

(ii)

The length of time the violation has existed without receiving a citation; and

(iii)

Whether the violation occurred as a result of construction which occurred prior to the acquisition of the property by the applicant.

If the proposed deviation is for a parcel located in the Riverside/Avondale Zoning Overlay district, the Zoning Administrator must also make a positive finding that the request has 1) received a certificate of appropriateness, if required by Chapter 307 (Historic Preservation and Protection), 2) is necessary due to a requirement of Chapter 307 (Historic Preservation and Protection), if applicable, 3) required by federal or State law, if applicable, or 4) necessary to preserve and protect an exceptional specimen tree, protected tree or wetlands, if applicable. However, the Zoning Administrator may authorize an Administrative Deviation prior to issuance of a Certificate of Appropriateness, even if a Certificate of Appropriateness is required, if, for good cause described in writing and filed in the Administrative Deviation application file and the Certificate of Appropriateness application file, it is determined by the Director that the Administrative Deviation application may be heard prior to the issuance of a Certificate of Appropriateness.

(i)

After the hearing, the Zoning Administrator shall prepare a written order approving or denying the application for an administrative deviation, which order shall include: a summary of the evidence presented, findings of fact, conclusions of law, a finding of compliance or a finding on all points of noncompliance with the Comprehensive Plan and the reasons for the decision, including conditions, if any. The written order shall be executed by the Zoning Administrator and the Director within 21 days of the hearing. A copy shall be transmitted to all persons who appeared before the Zoning Administrator or filed a written response to the application. The written order granting or denying the administrative deviation, executed by both the Zoning Administrator and the Director, shall be effective 15 days after the execution thereof, unless appealed pursuant to the provisions of Section 656.109(j) below.

(j)

Any adversely affected person may appeal a written order granting or denying an administrative deviation to the Commission by filing a Notice of Appeal together with the required fee as specified in Section 656.147, with the Department within 14 days of the execution of the written order. The Director shall set the matter for hearing within 21 days of the Notice of Appeal and shall notify the appellant and all persons who appeared before the Zoning Administrator or filed a written response to the application.

(k)

The Commission's review of the appeal shall be limited to a consideration of whether the administrative deviation criteria were properly considered and applied by the Zoning Administrator to the facts presented.

(l)

If the Commission determines the criteria were properly applied by the Zoning Administrator, the Department shall issue a letter within five days from the date of the Commission's determination confirming the decision. A copy of the letter shall be transmitted to all persons who were notified of the appeal, and shall be deemed to be the final decision of the City concerning the administrative deviation.

(m)

If the Commission determines the criteria were not properly applied, the Commission shall remand the matter back to the Zoning Administrator for further review. The Commission may suggest additional findings or give directions to the Zoning Administrator in order to assist the Zoning Administrator in effectively reconsidering the matter. Within ten days of the Commission's remand, the Zoning Administrator shall issue a written decision. A copy of the written decision subsequent to the remand shall be transmitted to all persons who were notified of the appeal. The written decision subsequent to the remand shall be deemed to be the final decision of the City.

(n)

Final decisions by the Commission or the Zoning Administrator pursuant to the provisions of this Section may be challenged by any person with standing under State law in whatever way authorized by State law.

(o)

The provisions of Section 656.136(b), (c), (d) and (e) and (f) with respect to matters contained in the order, transferability, time limits and cessation of use shall also apply to administrative deviations.

(p)

The violation of the terms of an order granting an administrative deviation, including conditions and safeguards which may be made a part thereof, shall be deemed a violation of the Zoning Code and punishable as provided in the Zoning Code.

(Ord. 91-59-148, § 1; Ord. 91-761-410, § 1; Ord. 92-994-701, § 1; Ord. 92-1699-1124, § 1; Ord. 92-2017-1458, § 1; Ord. 96-691-432, § 1; Ord. 98-678-E, § 3; Ord. 2001-715-E, § 11.6; Ord. 2005-1355-E, § 2; Ord. 2007-398-E, § 3; Ord. 2007-564-E, § 2; Ord. 2008-192-E, § 1; Ord. 2009-907-E, § 1; Ord. 2012-371-E, § 1; Ord. 2014-724-E, § 1; Ord. 2017-318-E, § 3; Ord. 2019-196-E, § 4)

The provisions of this Zoning Code shall be enforced as follows:

(a)

By the Director, through the Chief of the Current Planning Division, or his designee, or by the Chief of the Municipal Code Compliance Division; provided, however, that Parts 12 and 13 of this Chapter shall be enforced through the Chief of the Building Inspection Division, or his designee.

(b)

By the Municipal Code Enforcement Board or Special Magistrate pursuant to the authority granted by F.S. Ch. 162, Part I, and Ch. 91, Ordinance Code;

(c)

By the City of Jacksonville through the prosecution of violations in the name of the State of Florida pursuant to F.S. § 166.0415.

(d)

By the Office of General Counsel, at the request of the Chief, the Director (or the Chief of the Building Inspection Division for Parts 12 and 13 of this Chapter), or by the Chief of the Municipal Code Compliance Division or the City Council.

(e)

Nothing contained herein shall be construed to abridge or alter rights of action or remedies in equity, or to estop any person affected by a zoning violation, in the exercise of their rights in equity or under the common law, from suppressing nuisances or abating zoning violations.

(f)

By citation for civil penalties pursuant to the authority granted by F.S. Ch. 162, Part II, and Ch. 609, Ordinance Code or utilizing the notice and citation procedures outlined in Subpart D to Chapter 518; and

(g)

By action for injunctive relief, for civil penalties, or both, through a court of competent jurisdiction.

(h)

Certain Uses grandfathered. Notwithstanding anything in this Chapter to the contrary, those persons holding approved zoning exceptions or any other form of written approval from any person or entity authorized to grant such approval, as determined by the Planning and Development Department on a case-by-case basis, shall be authorized to continue their permitted use in accordance with the terms of their zoning exception or other form of written approval.

(Ord. 91-59-148, § 1; Ord. 92-2017-1458, § 2; Ord. 98-678-E, § 3; Ord. 2001-715-E, § 11.6; Ord. 2004-429-E, § 23; Ord. 2006-847-E, § 3; Ord. 2008-149-E, § 2; Ord. 2014-724-E, § 1; Ord. 2015-100-E, § 1; Ord. 2015-836-E, § 1)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

(a)

It shall be a civil infraction for any person to commit any violation set forth in this Chapter.

(b)

A separate offense shall be deemed to have been committed for each infraction and for each day that a violation occurs and for each day that property exists or remains in violation of this Chapter.

(c)

Additional penalties for violations of Part 12 of this Chapter are provided in Section 656.1208.

(d)

The owner violates this Chapter if any building, structure, land or premises on the property is constructed, erected, occupied or used in violation of this Chapter.

(e)

If property is managed by someone other than the owner, or is leased or rented, the tenant, lessee or manager violates this Chapter if any building, structure, land or premises over which that tenant, lessee or manager has control is constructed, erected, occupied or used in violation of this Chapter. However, if the property owner of such leased, rented or managed property is notified by the City of an ongoing violation of this Chapter on two or more separate occasions and fails to take affirmative and demonstrable steps to remedy such violation, the property owner shall be liable for the same such penalties as is the tenant, lessee or manager.

(f)

As it relates to this Chapter, any act or omission of an employee shall be imputed to the employer and be deemed to be an act or omission of the employer if done or omitted within the scope of the employee's authority under the employer. For the purpose of this Chapter, "employee" means a servant, agent or employee, paid or unpaid, of another person, and "employer" means the master, principal or employer of another person, paid or unpaid.

(g)

An employee violates this Chapter if any act or omission of the employee within the scope of the employee's authority under the employer aids, furthers or assists a violation of this Chapter.

(h)

For actions brought in a court of competent jurisdiction, the civil penalty for violations committed by an agent hired by or working on behalf of the property owner to perform work or construction or commence any unauthorized use on or in any structure or property regulated under this Chapter shall be as follows:

(1)

$1,000 for a first violation;

(2)

$2,000 for a second violation; and

(3)

$3,000 civil penalty for a third or subsequent, and the violator shall be prohibited from obtaining a zoning approval for work not associated with the correction of the violation for a period of three months.

Additionally, the violator shall be prohibited from applying for any zoning authorization until such civil penalty awarded pursuant to this Section has been paid in full. Prohibitions against application for any authorization contemplated in this Section shall not become effective until the judgment requiring such prohibition becomes final.

(i)

The penalty for any civil infraction shall be civil penalties. Unless otherwise provided for, the minimum amount of civil penalties shall be $50 per violation and the maximum amount per violation shall be $500.

(j)

In any matter in which the General Counsel files a suit for civil penalties or injunctive relief or any other relief and the City prevails, the City shall be entitled to reasonable attorney's fees.

(k)

The violation of any term of an order granting an exception, variance or waiver, including any conditions made part of such order, or conditions or restriction placed on or terms of any rezoning, including Planned Unit Developments, shall be deemed a violation of the Zoning Code and punishable as provided herein.

(Ord. 93-116-202, § 1; Ord. 98-678-E, § 3; Ord. 2004-429-E, § 24; Ord. 2006-847-E, § 3; Ord. 2008-149-E, § 3; Ord. 2017-318-E, § 4)

(a)

Intent. A reasonable accommodation to the Zoning Code may be requested to allow a disabled person, as that term is recognized by federal, State or local law, to use and enjoy a dwelling. A reasonable accommodation process is necessary because in some instances certain standards found in the Zoning Code, if strictly applied, would inhibit the use of a dwelling due to a person's disability. As such, the City needs a formal process whereby a disabled individual, or individuals, or a person, entity or group on behalf of a disabled individual or individuals, may make a request for a reasonable accommodation ("Request for a Reasonable Accommodation") and seek relief from a particular zoning standard in order to afford them an equal opportunity to legally use and enjoy a dwelling. Accommodations must be considered on an individual basis because the nature and extent of a disability and the requirements of the Zoning Code will vary in each case. If an individual does not request an accommodation, the City is not obligated to provide one except where an individual's known disability impairs his/her ability to know of, or effectively communicate a need for, an accommodation that is made obvious to the City. The grant of a Request for a Reasonable Accommodation shall not be deemed to be a rezoning of property, or to allow uses that would otherwise require a zoning exception or waiver pursuant to Chapter 656, Ordinance Code.

If the Request for a Reasonable Accommodation would constitute a request for a rezoning or zoning exception, then the person may make application for such rezoning or zoning exception in the same manner as other rezoning or zoning exception requests, however, the Request for Reasonable Accommodation criteria in Section 656.112, Ordinance Code, shall be considered in addition to the standard criteria for the request for rezoning or zoning exception, and there shall be no application fee or fee for notice applied to the request.

(b)

Application process.

(1)

Requests for Reasonable Accommodations may be made orally or in writing to the Planning and Development Department, which will assist the applicant with filling out the written application on a form prescribed by the Department. Said application form shall be developed in consultation with the Chief of Disabled Services for the City of Jacksonville, as defined in Chapter 28, Part 9, Ordinance Code. Such form shall instruct the applicant regarding what information is required from the applicant in order for the application to be deemed complete.

(2)

Upon receipt of the Request for Reasonable Accommodation application, the Planning Director shall notify the Chief of Disabled Services of the request and consult with the Chief to determine whether the application is complete within five working days. If it is determined that the application is not complete, written notice shall be provided to the applicant within three working days specifying the deficiencies. The Director shall take no further action on the application until the deficiencies are remedied.

(3)

No fees or costs may be imposed for Request for Reasonable Accommodation applications.

(4)

Unless barred by administrative res judicata, the time limitations in Sec. 656.125(d), Ordinance Code, do not apply to rezoning or zoning exception applications that also constitute Requests for Reasonable Accommodations.

(c)

Department Decision. The Director shall make the decision on the application based upon consultation with, and the written recommendation of, the Chief of Disabled Services. The applicant may receive a decision by the Director with a hearing, or may elect to have the decision made by the Director without a hearing. The Department shall inform the applicant of this option to receive a decision without a hearing at the time of his or her application.

(1)

If the applicant chooses to have a hearing on the application, the Director shall schedule a hearing on the application on a date certain at least 14 days after notice is posted but within 30 days after the application has been deemed complete. The Director shall make a decision within 5 business days of the hearing.

(2)

If the applicant elects to receive a decision without a hearing, the Director shall establish the date of decision to be at least 14 days after notice is posted but within 30 days after the application has been deemed complete. The Director shall make the decision on the date established.

(3)

The Chief of Disabled Services shall provide the Director with a written recommendation on the applicant's claimed disability at least five business days prior to the date established for the decision by the Director, or the date of the hearing if one is scheduled to take place.

(4)

Persons wishing to provide competent, substantial evidence related to the application shall provide those comments in writing to the Director five business days prior to the date established for the decision by the Director, or may provide such evidence before or at the hearing if one takes place.

(5)

The Director shall provide the applicant a written order including his/her decision within ten days of the date of decision for both hearing and non-hearing proceedings. Any order denying a Request for Reasonable Accommodation, or its conditional approval, shall include an explanation of the basis for such denial or conditional approval.

(d)

Notice. Notice of Request for Reasonable Accommodation shall be given within three days of the receipt of a complete application by the Department by posting signs on the subject property at intervals of not more than 200 feet along all street sides of property upon which the request is made. The signs shall indicate the request and information on how, and by when, participation is allowed. The Department shall also post notice at City Hall and the Planning and Development Department in the specified location for posted notices within three days after receipt of a complete application. No published advertisement shall be required. The date of the hearing or the date established for the decision by the Director shall be specified in the notice.

(e)

Criteria. In evaluating a Request for Reasonable Accommodation, the Director shall consider competent, substantial evidence relating to the following:

(1)

Whether the applicant meets the definition of a disabled person. The Director shall make this determination based upon consultation with, and the recommendation of, the Chief of Disabled Services;

(2)

Whether there is an identifiable relationship, or nexus, between the requested accommodation and the person's needs;

(3)

Whether a sufficient alternative to the specific initial request exists, if the initial request is determined to be not reasonable;

(4)

Whether granting this request would change the essential nature of the Zoning Code as compared to strict application of the code to the circumstances of the request; and

(5)

Whether the request would impose undue financial and administrative burdens on the City.

It is the City's intent that reasonable accommodations be granted where required by federal law. If the Director, based upon the Chief of Disabled Services' recommendation regarding the applicant's claimed disability, determines that the specific request is not reasonable, he/she shall offer, where possible, some other accommodation which would meet the requester's needs. No additional standards of review of Requests for Reasonable Accommodation are required. In making this determination, it shall not be a factor whether there are other neighborhoods or dwellings that could accommodate the person.

The Director and Chief of Disabled Services are entitled to obtain information that is necessary to evaluate if a requested reasonable accommodation may be necessary because of a disability. If a person's disability is obvious, or otherwise known to the Director or Chief, and if the need for the requested accommodation is also readily apparent or known, then the Director or Chief may not request any additional information about the applicant's disability or the disability-related need for the accommodation. However, if the applicant's disability is known or readily apparent to the Director or Chief, but the need for the accommodation is not readily apparent or known, the Director may request only information that is necessary to evaluate the disability-related need for the accommodation. The Director or Chief may not ordinarily inquire as to the nature and severity of an individual's disability, however, the Director or Chief may request reliable disability-related information that: (1) is necessary to verify that the person meets the Fair Housing Act and Americans with Disability Act's definition of "disability", (2) describes the needed accommodation, and (3) shows the relationship between the person's disability and the need for the requested accommodation. Depending on the individual's circumstances, information verifying that the person meets the Act's definition of disability can usually be provided by the individual, but also may come from a doctor or medical professional, a peer support group, a non-medical service agency, or a reliable third party who is in a position to know about the individual's disability. Once the Director, based upon consultation with and the written recommendation of the Chief, has established that the applicant meets the definition of a disabled person, the Director should seek only the information necessary to evaluate if the request is needed because of a disability.

(f)

Term of accommodation. Requests for Reasonable Accommodations shall be personal to the applicant and shall not run with the land, and shall only remain in place for as long as the applicant's need for the request exists or remains. It shall be the responsibility of the property owner to remove or correct any non-conforming zoning code standard authorized in an approved Request for Reasonable Accommodation once the need for the accommodation ends.

(g)

Appeal. Decisions on Requests for Reasonable Accommodation are appealable to the City Council pursuant to the procedures identified in Sections 656.140—656.145. The Council's review of the appeal shall be limited to a consideration of whether the Request for Reasonable Accommodation criteria were properly considered and applied, taking all laws, ordinances and other judicial or legal guidance into consideration, and whether sufficient alternatives were evaluated.

(Ord. 2017-36-E, § 2)

The purpose of this Section is to provide District and At-Large Council Members advance notice of the filing of a zoning for:

(1)

A rezoning; or

(2)

Zoning exception; or

(3)

Distance limitation waiver pursuant to Part 8 (Alcoholic Beverages) of the Zoning Code,

regarding a package liquor store, as defined in Part 16 of the Zoning Code, so that the District Council Member, and the At-Large Council Member for that area, may be notified in time to schedule a community meeting regarding the request if necessary.

As part of the application process for a package liquor store, the Department shall individually notify the District Council Member within whose District the subject property lies, and the At-Large Council Member within whose residence area the subject property lies, of the Department's receipt of the zoning application within five business days of the application having been deemed complete. The Department shall make direct contact with the aforementioned Council Members, individually, regarding the application. For purposes of this Section, "direct contact" means the Department's Chief of Current Planning shall send an email to the Council Members referenced above, individually, notifying the such Council Members that a zoning application regarding a package store has been submitted, which e-mail shall include a copy of the application. Additionally, and as part of "direct contact", the Chief shall either (1) place a telephone call or leave a voice mail message on the Council Member's office line; or (2) meet with each District Council Member and At-Large Council Member, individually.

(Ord. 2022-122-E, § 1)

Editor's note— Ord. 2004-429-E, § 25, amended the Code by repealing former §§ 656.112—656.116 in their entirety. Former § 656.112 pertained to citation authority; and derived from Ord. 93-116-202, § 2. Former § 656.113 pertained to citation procedures; and derived from Ord. 93-116-202, § 3; and Ord. 98-678-E, § 3. Former § 656.114 pertained to citation penalties; and derived from Ord. 93-116-202, § 4. Former § 656.115 pertained to County court jurisdiction; and derived from Ord. 93-116-202, § 5. Former § 656.116 pertained to provisions that are supplemental; and derived from Ord. 93-116-202, § 6.

The Zoning Code may from time to time be amended, supplemented, changed or repealed and the Zoning Atlas may from time to time be revised by the rezoning of land as provided in this Subpart. The rezoning of land shall be accomplished in a manner consistent with the Comprehensive Plan, as it may from time to time be amended or modified.

(Ord. 91-59-148, § 1; Ord. 98-678-E, § 3)

A proposal to rezone land may be initiated only upon an application for rezoning filed with the Department by the owner of the land or his authorized agent; provided, however, that a member of the Council or any committee of the Council may initiate the rezoning of land by the introduction of an ordinance for this purpose. A proposal to amend a part of the Zoning Code other than the Zoning Atlas may be initiated only by introduction of an ordinance by a member of the Council. In the case of an application for rezoning, the Council Secretary shall, upon receipt thereof and at the direction of the Council President, refer the application to the appropriate committee of the Council, which shall introduce an ordinance for the rezoning according to the rules of the Council.

(Ord. 91-59-148, § 1; Ord. 98-678-E, § 3)

An application for rezoning of land shall not be allowed to be withdrawn or amended by the applicant at any time after the required fees have been paid to the Tax Collector.

(Ord. 91-59-148, § 1)

In addition to any public hearings required by F.S. § 166.041(3), a public hearing shall be held by the appropriate committee of the Council to consider a proposal for an amendment to the Zoning Code or for the rezoning of land. Notice of the public hearing shall be made as provided in Section 656.124 and a party shall be heard in person or by agent or attorney.

(Ord. 91-59-148, § 1)

(a)

Notice of a time and place of a public meeting which is required to be held by the Planning Commission and of the public hearings which are required to be held by the appropriate committee of the Council and the full Council with respect to the rezoning of land shall be prepared by the Department to include the information listed below and shall be copied and mailed by the Department at least 14 days in advance of the Planning Commission meeting at which the application for rezoning will be heard, to all owners of real property within 350 feet of the boundaries of the land upon which rezoning is requested and to all neighborhood organizations qualified to receive notice under subsection (f); provided, however, that where the applicant is the owner of land not included in the application and the unincluded land is a part of or adjoins the parcel upon which the request is made, the Zoning Administrator may, in his discretion, require that mailed notice be given to such owners as the Zoning Administrator may determine to be appropriate. For the purpose of notice requirements to adjoining owners, the names and addresses of the owners shall be deemed to be those on the current tax records in the office of the Property Appraiser; provided, however, that where such notice is determined by the Zoning Administrator to be insufficient to ensure actual notice to a majority of adjoining owners, he may require mailed notice to be given to the actual owners, as indicated by a current title search of the public records. For the purpose of notice requirements to registered neighborhood organizations, the registration list compiled by the Zoning Administrator pursuant to subsection (f) hereinbelow shall be utilized. Notice received pursuant to this subsection (a) shall confer "affected party status," as defined in Council Rule 6.302, automatically upon the receipt of such notice. Mailed notices received by adjacent owners and qualified registered neighborhood organizations as specified hereinabove should contain the following information:

(1)

Application number and date of filing;

(2)

Location and total area of property;

(3)

Present and proposed zoning districts, including all permitted uses and all permissible uses by exception for both districts;

(4)

The date of the Planning Commission public meeting.

(5)

If a PUD is proposed, a summary prepared by the staff of the written description, a copy of the site plan and a note advising that a copy of the full written description is available from the Department upon request or may be reviewed at the Department or in the City Council Division of Legislative Services. The note should also advise that, due to the limitations of copying larger site plans to 8½ × 11-inch size for mailing purposes, the site plans contained in the mailed notice may be difficult to read and any individuals interested in reviewing the site plan are encouraged to view the original site plan maintained by the Department;

(6)

A statement in substantial compliance with the following form:

(i)

Copies of the application and Department reports are maintained by the Department and the City Council Division of Legislative Services and are open to public inspection; and

(ii)

All interested persons wishing to submit testimony, written comments or other evidence in this matter should submit same to the City Council Division of Legislative Services and/or appear at the public hearing;

(7)

Instructions for obtaining further information concerning the application;

(8)

Name, address and telephone number of applicant or applicant's agent;

(9)

The date upon which the staff report and recommendation on the application is expected or scheduled to be issued, together with a statement that such date is preliminary and subject to change due to the Department's need for additional information necessary to finalize the report, deferrals by the Council or for other reasons beyond the Department's control;

(10)

A statement advising that citizen input may be submitted to the Department prior to the formulation of the staff report and recommendation and that opportunities for citizen input are also available at the public hearings and such input is encouraged by the City;

(11)

A statement advising that large signs are required to be posted and maintained at intervals of approximately 200 feet along all street sides of land in full view of the public or, if there is no frontage on a public street, on the nearest street right-of-way with a notation indicating the direction and distance to the land upon which an application has been filed, within five working days after an application has been determined complete by the Department and further advising that if such signs are not posted, citizens are requested to notify the Department concerning the lack of signs;

(12)

Information concerning the criteria upon which a rezoning application is evaluated and upon which the Council's decision to rezone is required to be based;

(13)

A statement advising that rezonings are quasi-judicial decisions (and an explanation of what a quasi-judicial decision is) and that testimony provided must be fact-based; and

(14)

An explanation concerning burdens of proof and the type of testimony that is allowable, relevant and legally sufficient to support a rezoning decision.

The intent of these increased notice requirements is to provide adjacent owners and registered neighborhood organizations with the basic necessary information to make an informed decision concerning their position on the application and, if additional information is required, to provide guidance on how to obtain that information. Recognizing that mistakes may occur in the process of copying these notices or the additional information to be included in the notice package, it is the specific intent of this Section that the failure of an owner or registered neighborhood organization required by this Section to be notified by mail to receive the notice, or the failure to receive a complete and accurate notice, shall not invalidate or otherwise have any effect upon a public meeting, hearing or action taken by the Planning Commission, committee or the Council on the application for rezoning.

(b)

Notice of a public hearing to be held by the appropriate committee of the Council shall be published once in a newspaper of general circulation not less than 14 days in advance of the date of the hearing. The published notice shall be in a form prescribed by the committee and placed by the Division of Legislative Services at the expense of the applicant. The applicant shall file proof of publication with the Division of Legislative Services prior to the public hearing.

(c)

The applicant for a rezoning shall post signs at intervals of not more than 200 feet along all street sides of land upon which an application for rezoning is made. The signs shall be in the form required by the committee and shall be posted in full view of the public. Where the land does not have frontage on a public street, the signs shall be erected on the nearest street right-of-way with an attached notation indicating generally the direction and distance to the land for which rezoning is sought, or at such other locations and at such intervals, as determined by the Zoning Administrator, as will ensure that the signs will be seen by as many persons as possible. Within ten working days after the applicant has been notified that the application for rezoning has been determined to be complete by the Department, the applicant shall provide the Department with a picture of each posted sign and a notarized affidavit approved by the Department in which the applicant acknowledges that the signs have been posted in conformance with this Section. The signs shall be maintained by the applicant for a rezoning until such time as a final determination has been made by the Council. The signs shall be inspected by the Department subsequent to posting, at least once, a reasonable period of time prior to the advertised public hearing, but not less than 14 days prior to the public meeting at the Planning Commission. If such inspection reveals that the sign(s) herein required have not been properly maintained, the Department shall inform the applicant and the applicant shall have three working days to repost the signs and provide the Department with a picture of each posted sign and a notarized affidavit approved by the Department in which the applicant acknowledges that the signs have been reposted in conformance with this Section. The failure of the Department to make such inspections or of the signs to remain in place, as required herein, shall not invalidate or otherwise have any effect upon a public hearing or action taken by the committee or the Council on an application for rezoning. The sign(s) shall be removed by the applicant within ten days after final action by the Council on the application for rezoning.

(d)

Reserved.

(e)

In the event an ordinance for a waiver of the provisions of the Zoning Code is introduced into the Council and such ordinance has the effect of waiving a provision of the Zoning Code as it affects a specific parcel of property, then the public hearing requirements of Section 656.123 and the notice requirements of subsection (c) of this Section shall apply to that ordinance. See also Section 656.133, Ordinance Code.

(f)

To receive a public hearing notice for proposed rezonings set forth in subsection (a) above, a neighborhood organization must be listed in the most current Directory of Neighborhood Organizations, together with any addenda thereto, promulgated by the Mayor, as the same may exist from time to time, and must serve a neighborhood whose boundaries have been mapped on the Neighborhood Organization Notice Map and one or more of those boundaries is within 350 feet from the land which is the subject of the application or the land is located within the boundaries of a mapped neighborhood. Any interested neighborhood organization must register with the City, stating the desire to receive notices under this Section, and provide the following required information to insure such notification is effective: (1) the name and address of the officer or other individual designated to receive the notice on behalf of the organization; (2) a letter signed by the chief officer or a resolution to indicate the authority of such individual, if not a corporate officer, to receive the notice; and (3) a clear description of the boundaries of the service area of the neighborhood organization. Boundaries are assumed to be correct unless challenged by an adversely affected person or an error is discovered during the mapping process.

(g)

Any neighborhood organization may register with the Neighborhoods Department or the Zoning Administrator; provided, however, that the Neighborhoods Department shall transmit the information provided by a neighborhood organization to the Zoning Administrator, and further provided that all information provided, regardless of the source, must be adequate to satisfy the Zoning Administrator, who must maintain an accurate and up-to-date map to satisfy legal requirements. The Zoning Administrator shall not place the boundaries of a neighborhood organization on the map until he receives the information required under subsection (f).

(h)

The Zoning Administrator shall update the Neighborhood Organization Notice Map and required information from year to year in order to obtain current information for each organization shown on the map and shall utilize the map and information provided to comply with the notice requirements of subsection (a) by attaching to the application the names and addresses of the neighborhood organizations to be notified. There shall be no additional charge to the applicant for the notices to be delivered to the neighborhood organizations. As used herein, the term Neighborhood Organization Notice Map means the map prepared by the City of Jacksonville Planning and Development Department, GIS Section, dated April, 1999 specifically for use in sending notices to neighborhood organizations pursuant to this Section, as updated from time to time to place newly registered neighborhoods on the map or to remove neighborhoods which have not provided current information. The Zoning Administrator shall send notices to each neighborhood organization on the map by September 30 of each year requesting information to be confirmed or updated by December 31. Second requests shall be sent to neighborhood organizations which have not responded, requesting a response by February 15. The map will be updated annually, based on the information provided, as of March 31 of each year.

(i)

If the subject property is on the border of a neighborhood organization's service area, as shown on the neighborhood map, notice shall be given to neighborhood organizations serving all sides of such border within 350 feet of the subject property. If a neighborhood organization is not listed in the most recently published Directory of Neighborhood Organizations, it may qualify to receive notices, subject to providing the information required in subsection (f), upon certification from the Mayor's Office or from the Mayor's neighborhood liaison officer that such neighborhood organization has been added to an addendum to the Directory and the neighborhood organization has registered with the City as required herein.

(j)

As used in this Section, the term "neighborhood organization" means either a duly incorporated citizen's or homeowner's group or an association, either incorporated or unincorporated, and approved by the Department of Neighborhoods, which is organized for the purpose of considering and acting upon any of a broad range of issues affecting the livability and quality of their neighborhood. Neighborhood boundaries are generally set either by natural features, such as topography, stream valleys or terrain; by major streets; by artificial features such as railroad tracks, power lines or other development obstruction, or by recreational, open space uses or community facilities. As used in this Section, the term "neighborhood organization" shall not be construed to mean an "umbrella" organization whose membership is comprised of two or more neighborhood organizations.

(k)

For purposes of subsections (a), (c) and (d) of this Section, for properties located within the Downtown Overlay Zone, as defined in Section 656.361.2, all references to "Zoning Administrator" shall mean a designated staff member of the Downtown Investment Authority, and all references to "Planning Commission" shall mean the Downtown Development Review Board. Furthermore, the requirement contained in subsection (a) of this Section concerning mailed notification to owners of real property within 350 feet of the boundaries of the land upon which the rezoning is requested shall not apply unless such notice is determined by Downtown Investment Authority staff to be appropriate, however, the applicant shall submit an electronic version of the published notice to DIA staff for placement on the City's website.

(Ord. 91-59-148, § 1; Ord. 96-801-506, § 1; Ord. 97-972-E, § 1; Ord. 98-775-E, § 2; Ord. 98-678-E, § 3; Ord. 1999-358-E, § 1; Ord. 2000-445-E, § 2; Ord. 2002-714-E, § 4; Ord. 2007-564-E, § 3; Ord. 2009-548-E, § 2; Ord. 2012-364-E, § 10; Ord. 2013-209-E, § 40; Ord. 2015-378-E, § 1; Ord. 2016-140-E, § 16; Ord. 2017-318-E, § 5)

(a)

Except as provided in Subpart F, Part 3, no ordinance to rezone land shall contain conditions, limitations or requirements which are not applicable to all other land in the zoning district to which the particular land is rezoned other than PUDs.

(b)

An applicant for a proposed rezoning has the burden of proving by substantial, competent evidence that the proposed rezoning:

(1)

Is consistent with the Comprehensive Plan;

(2)

Furthers the goals, objectives and policies of the Comprehensive Plan; and

(3)

Is not in conflict with any portion of the City's Land Use Regulations.

Upon the applicant proving the proposed rezoning complies with the criteria set forth in subsections (b)(1)—(3) of this Section, the Council shall grant such rezoning request unless the Council determines that there is substantial, competent evidence that maintaining the current zoning district accomplishes a "legitimate public purpose," as such terms are defined in subsection (c) of this Section.

(c)

A "legitimate public purpose" may be one or more of the following criteria, or such other criteria as may be determined by law from time to time:

(1)

The proposed rezoning and the development permitted thereunder is premature or otherwise creates or contributes to an urban sprawl pattern of development;

(2)

The proposed rezoning will constitute "spot zoning," that is an isolated zoning district unrelated to adjacent and nearby districts;

(3)

Uses permitted under the proposed rezoning will not be consistent or compatible with the existing and proposed land uses and zoning of adjacent and nearby properties or the general area or will deviate from an established or developing logical and orderly development pattern;

(4)

The proposed rezoning and the development permitted thereunder will result in significant adverse impacts upon property values of adjacent or nearby properties or in the general area more than the types of uses currently permitted;

(5)

The proposed rezoning and the development permitted thereunder will detract from the character and quality of life in the general area or neighborhood by creating excessive traffic, noise, lights, vibration, fumes, odors, dust, physical activities or other detrimental effects or nuisances.

The following additional criteria shall be considered by the Planning and Development Department, the Local Planning Agency, and the City Council when evaluating any land use or zoning application within the Riverside/Avondale Zoning Overlay District:

(a)

Whether the proposed rezoning is consistent with the Riverside/Avondale Zoning Overlay District and the historic district regulations;

(b)

Whether the rezoning will negatively affect or alter the character of the character area or corridor;

(c)

Whether the rezoning and subsequent future development would result in the destruction of natural resources such as wetlands, protected trees or exceptional specimen trees; and

(d)

Whether the rezoning would have a negative affect on any contributing structures within the Riverside Avondale historic district, as defined in Section 656.399.17, historic landmark or landmark site.

(d)

Whenever the Council has denied an application for rezoning, no further application shall be filed for the same rezoning of a part of or all of the same land for a period of one year from the date of this action. In the event that two or more applications for the same rezoning for a part or all of the same land have been denied, no further applications shall be filed for the same rezoning of a part or all of the same land for a period of two years from the date of the action denying the last application filed.

(e)

The time limits of subsection (d) of this Section may be waived by the affirmative vote of two-thirds of the members of the Council present and eligible to vote when this action is deemed necessary to prevent injustice or to facilitate the proper development of the City.

(f)

With respect to limitations on Council action:

(1)

If the recommendation of the Department is to deny an ordinance amending the Zoning Code, the Council shall not adopt the ordinance until a public hearing has been held on the matter before the Council.

(2)

If there is a concurrence of the recommendation of the Department and the appropriate committee of the Council to recommend approval of an ordinance rezoning land or an ordinance amending the Zoning Code, the Council shall not deny the ordinance until a public hearing has been held on the matter before the Council. In the event the Council should vote not to enact an ordinance rezoning land which has the concurrence of the recommendation of the Department and the appropriate committee of the Council the vote shall not be considered a final vote and the Council President shall so rule and place the matter on a future agenda for a public hearing before the Council.

(g)

The council hereby states as a matter of public policy that all rezoning requests presented to the Council after December 31, 1999, shall be reviewed solely on the basis of the merits of the competent and substantial evidence presented as part of the rezoning application process and that the previous zoning classification of a parcel of property prior to the adoption of the 2010 Comprehensive Plan shall not be considered as the sole grounds for granting or denying a rezoning request.

(h)

If the applicant has not submitted the pictures of the posted or reposted signs, if necessary, and the accompanying notarized affidavit required per subsection 656.124(c), the Department shall notify the Council committee of reference, which shall delay the hearing. The Council committee of reference shall not approve, approve with conditions or deny any rezoning unless the applicant has submitted the pictures of the posted or reposted signs, if necessary, and the accompanying notarized affidavit in accordance with the requirements set forth in subsection 656.124(c).

(Ord. 91-59-148, § 1; Ord. 95-211-722, § 1; Ord. 98-678-E, § 3; Ord. 98-224-E, § 1; Ord. 2008-192-E, § 2; Ord. 2009-548-E, § 2)

Editor's note— Ord. 98-224-E, § 1, effective June 15, 1999, amended the Code by adding a new subsection (e) to Section 656.125. In order to avoid duplication of subsection letters, the subsection has been redesignated as subsection (g) at the discretion of the editor.

Except as otherwise provided by law, whenever a member of the Council initiates the rezoning of a large area of land, which may include a large number of property owners, by the introduction of an ordinance for this purpose, the provisions of Section 656.124 relating to a mailed notice and the posting of signs may be waived in whole or in part by the affirmative votes of two-thirds of the entire council when the notification and posting is deemed to be unnecessary or impracticable due to the large area to be rezoned and the amount of properties involved. If such is the case, an alternative form of notice, adequate to inform all property owners, shall be instituted.

(Ord. 91-59-148, § 1; Ord. 2017-318-E, § 6)

(a)

In the event a court of competent jurisdiction specifically enjoins the enforcement of a certain zoning classification(s) upon certain property which is the subject matter of litigation before the same, the procedural requirements of the Zoning Code for rezoning property shall not apply. A certified copy of the final court order shall be transmitted by the Office of General Counsel immediately to the Zoning Administrator and the district council member after the time for an appeal has expired. The Zoning Administrator shall cause the zoning change to be entered on the Zoning Atlas pursuant to Section 656.203.

(b)

Whenever land in any PBF District is declared to be surplus by the Council pursuant to Section 122.422 in order to be converted to private ownership, the land shall be rezoned solely according to the procedure established and set forth in Section 122.427. This rezoning shall become effective on the date the City divests itself of ownership of the land.

(Ord. 91-59-148, § 1; Ord. 98-678-E, § 3)

The Council Secretary shall, after the adoption of an ordinance rezoning land, promptly provide a copy to the Property Appraiser.

(Ord. 91-59-148, § 1; Ord. 93-1859-855, § 1)

(a)

The Department shall be responsible for making an advisory recommendation to the Commission and the Council with respect to each proposal to amend the Zoning Code or to rezone land for any purpose. The Commission shall be responsible for reviewing and making an advisory recommendation to the Council with respect to each proposal to amend the Zoning Code or rezone land. The recommendation shall be made to the appropriate committee of the Council and shall become a part of the official record of the proposal and the committee of reference shall not render its recommendation to the Council unless and until the recommendation of the Commission and the Department have been received. The Commission is not required to hold a public hearing in connection with the review of the proposal or the preparation, review and transmission of a recommendation under this Section. The Department shall provide technical assistance to the committee during its consideration of a proposal, as may be required by the committee.

(b)

Unless the requirements for posting signs are waived pursuant to Section 656.126, if the applicant has not submitted the pictures of the posted or reposted signs, if necessary, and the accompanying notarized affidavit required per subsection 656.124(c), the Department shall notify the Planning Commission, which shall delay the hearing. Pursuant to subsection 656.124(c), the Planning Commission shall not approve, approve with conditions or deny any rezoning unless the applicant has submitted the pictures of the posted or reposted signs, if necessary, and the accompanying notarized affidavit in accordance with the requirements set forth in subsection 656.124(c).

(c)

Time for Recommendation.

(1)

Unless a longer time is mutually agreed upon by the Council, the Commission and the Department in the particular case, or the Commission does not submit a recommendation to the appropriate committee of Council due to a delay described in (b) above, the Commission and the Department shall submit their respective reports and recommendations to the Council in not more than 63 days from the date a proposed amendment to the Zoning Code is introduced into City Council.

(2)

If the Commission or the Department fails to submit its report and recommendation to the Council within the above prescribed time, such failure shall be deemed to be a procedural recommendation for denial of the amendment to the Zoning Code or of the proposal to rezone land and the Council may proceed to act on the amendment to the Zoning Code or proposal to rezone land. The reports and recommendations of the Commission and the Department shall be advisory only and shall not be construed to be binding upon the Council. If the Commission does not submit a recommendation to the appropriate committee of Council due to a delay caused by the applicant's failure to post and document the posting of signs, the appropriate committee of Council shall delay the hearing on the zoning application until the applicant has submitted the pictures of the posted or reposted signs, if necessary, and the accompanying notarized affidavit and the Planning Commission has submitted a recommendation.

(d)

The report and recommendations to the Council required by subsection (b) of this Section shall show that the Department has studied and considered each of the following:

(1)

The need and justification for the change.

(2)

The relationship of the proposed amendment, the Planned Unit Development or other rezoning to the Comprehensive Plan and the work of the Department, with appropriate consideration as to whether the proposed amendment will further the purposes of the Zoning Code and Comprehensive Plan. The report and recommendations to the Council by the Department required by subsection (b) of this Section shall address whether the proposal is consistent with the Comprehensive Plan. No recommendation by the Department shall be made under this subsection without the determination required hereinabove.

(e)

For purposes of this Section, for rezonings of properties located within the Downtown Overlay Zone, as defined in Section 656.361.2, all references to "Commission" shall mean the Downtown Development Review Board.

(Ord. 91-59-148, § 1; Ord. 2002-714-E, § 4; Ord. 2007-564-E, § 4; Ord. 2009-548-E, § 2; Ord. 2017-318-E, § 7; Ord. 2020-729-E, § 3)

(a)

The City recognizes that Jacksonville's many and varied neighborhoods are the lifeblood of the community, providing most residents with their clearest sense of identity with and participation in the communal life of the City. As reflected by the adoption of Rule 6 (Procedures Governing Quasi-Judicial Actions), the City desires to encourage the participation of affected neighborhood organizations in all land use matters which come before the City Council, whether such matters are legislative or quasi-judicial, and particularly desires to facilitate the participation of neighborhood organizations in quasi-judicial land use matters.

(b)

Ordinance 95-247-106 (The Neighborhood Bill of Rights) requires notification to neighborhood organizations of the submission of any application for rezoning, zoning or land use variance or exception, Development of Regional Impact (DRI) or Planned Unit Development (PUD) application, or other significant land use action, a clear explanation of the date, time and place of all applicable public hearings and other opportunities for input on the application and a clear explanation of the type of testimony that is allowable and relevant from neighborhood organizations and residents.

(c)

Notice of a time and place of a public hearing which is required to be held by the Council, the appropriate committee of the Council, the Planning Commission or the Downtown Development Review Board, as the case may be, with respect to any type of land use action specified above shall be provided at least 14 days in advance to any registered neighborhood organizations which serve a neighborhood area located within 350 feet of the land which is the subject of the application, the Citizens Planning Advisory Committees ("CPACs") in the affected area and any "umbrella" neighborhood organizations or civic organizations if those organizations have filed a written request with the City for notification concerning one or more of those types of applications within a specific defined geographic area. Notice received pursuant to this Section 656.130(c) shall not confer "affected party status" upon the recipient of such notice, although any of these organizations, except CPACs, may file a request for a determination of affected party status under Council Rule 6.302 for those matters which are pending before the Council. The failure of a neighborhood organization, CPAC or other organization required to be notified under this Section shall not invalidate or otherwise have any effect upon a public hearing or action taken by the committee or the Council on the application for rezoning.

(d)

The procedures governing quasi-judicial actions before the City Council (Chapter 6, Rules of the City Council) establish informal and formal procedures for hearing quasi-judicial matters. These rules are intended to be applied and interpreted in a manner which recognizes both the legislative and the judicial aspects of the City land use decision-making process and encourages full participation within that process not only by all parties, but by interested neighborhood organizations, individuals and the public as well. The Council's formal hearing procedures are designed primarily to allow the applicant and others who have standing to maintain a lawsuit to establish a proper record before the City Council, since appeals of quasi-judicial matters to the circuit court are based solely on the record before the Council. However, the informal hearing procedures were specifically designed to allow for full participation by any neighborhood organization, as well as the public, and because the hearing is shorter and the process less complex and easier to use, the Council therefore encourages the use of the informal hearing process by all applicants, neighborhood organizations and interested members of the public whenever possible where there is no intent to appeal a quasi-judicial decision of the City Council. Any neighborhood organization or member of the public, whether or not qualified as an "affected party," as defined in Rule 6.302, may participate fully in an informal hearing by requesting additional time to speak at the beginning of the public hearing, and the Council President or the committee chairman, as the case may be, shall grant additional time as necessary to the requesting neighborhood organization or member of the public to allow sufficient time to provide information during the public hearing portion of the hearing, as required under Rule 6.201(e), as long as the information which is being provided will assist the Council in making a complete and informed decision based upon substantial, competent evidence, without unnecessary repetition and delay.

(Ord. 1999-358-E, § 2; Ord. 2007-564-E, § 5; Ord. 2017-318-E, § 8)

(a)

It is the intent of the City of Jacksonville to permit the creation of new zoning overlays in accordance with the following circumstances:

(1)

In general, when there is a special and substantial public interest in the protection of the character of an area, which could be, but is not limited to environmental or historical features, or the protection of principal views of, from, or through the areas; or

(2)

In other cases where the special and substantial public interest requires modification of otherwise applicable zoning regulations, or repeal and replacement of such regulations, for the accomplishment of the special public purposes for which the zoning overlay is established.

(b)

Zoning overlays will be developed through a community-led planning process that heavily engages the stakeholders (property owners, tenants, City staff, including the Office of General Counsel, the Planning and Development Department, the applicable District Council Member or Members, and others as appropriate), in the development of a proposed overlay document. Evidence of the community engagement, including but not limited to, meeting notices, sign in sheets, community meeting minutes and communications, shall be provided, along with any proposed draft overlay document and any desired accompanying maps and graphics, to the applicable District Council Member or Members and Planning and Development Department.

(c)

Any new zoning overlay shall require an affirmative vote of a majority of the full City Council plus one additional member. A waiver of this Section shall also require an affirmative vote of a majority of the full City Council plus one additional member.

(Ord. 2024-373-E, § 1)

(a)

A proposal for a zoning exception may be initiated only upon an application for zoning exception filed with the Department by the owner or his authorized agent. An application for a zoning exception under the Zoning Code shall be in writing and in the form prescribed by the Department. Information required on the application may include, for example, the name and address of the owner and the agent, the property address and location, and a legal description and real estate assessment number(s). Other information may include the current zoning of the property, the exception being sought, a list of owners of property within 350 feet, identification of any previous zoning applications for the property during the preceding five years and statements indicating how the standards and criteria for exceptions which are set forth herein will be met. An application shall be accompanied by a site plan drawn to an appropriate scale showing the property as it is intended to be developed or modified pursuant to the application for exception. The site plan must show the following:

(i)

Property dimensions;

(ii)

Buildings and dimensions;

(iii)

Parking spaces and dimensions, including handicapped and car pool spaces;

(iv)

Loading and unloading area, if applicable, with turn around and dimensions;

(v)

Landscaped areas and dimensions;

(vi)

Ingress and egress (driveways, alleys and easements);

(vii)

Adjacent streets and right-of-way;

(viii)

North arrow and graphic scale;

(ix)

Signage (if any);

(x)

Buildings setbacks and buffer (including dimensions);

(xi)

Adjacent current property uses;

(xii)

Adjacent zoning districts;

(xiii)

Total land area; and

(xiv)

Total building coverage area.

Additional items may be required, to the extent applicable, as required by any site review guidelines which may be promulgated by the Department from time to time. The site plan, as approved, shall be binding upon the exception, if granted. Upon receipt of the application, the Zoning Administrator shall determine whether the application is complete within five (5) working days. If it is determined that the application is not complete, written notice shall be provided to the applicant specifying the deficiencies. The Zoning Administrator shall take no further action on the application until the deficiencies are remedied. When the application is determined to be complete, all fees must be paid as specified in Section 656.147.

(b)

The Department shall be responsible for making an advisory recommendation to the Commission with respect to each application for a zoning exception. This advisory recommendation shall include all available information concerning previous zoning applications for the subject property within the preceding five years, according to the zoning application. The Commission shall be responsible for reviewing and holding a public hearing with respect to each application for a zoning exception to the Zoning Code. Orders granting or denying the exceptions shall be issued by the Commission and signed by the Chairman and the Secretary thereof. The Commission is authorized to prescribe procedural and administrative rules it deems necessary or appropriate to administer its duties, including the manner in which applications will be filed, the method by which hearings will be held and whether rehearings from its decisions will be allowed and, if allowed, the method by which the rehearings will be held.

(c)

With respect to acting upon applications for zoning exceptions:

(1)

The Commission shall issue an order to grant the exception only if it finds from a preponderance of the evidence of record presented that the proposed use meets, to the extent applicable, the following standards and criteria:

(i)

Will be consistent with the Comprehensive Plan, including any subsequent plan adopted by the Council pursuant thereto;

(ii)

Will be compatible with the existing contiguous uses or zoning and compatible with the general character of the area, considering population density, design, scale and orientation of structures to the area, property values, and existing similar uses or zoning;

(iii)

Will not have an environmental impact inconsistent with the health, safety and welfare of the community;

(iv)

Will not have a detrimental effect on vehicular or pedestrian traffic, or parking conditions, and will not result in the generation or creation of traffic inconsistent with the health, safety and welfare of the community;

(v)

Will not have a detrimental effect on the future development of contiguous properties or the general area, according to the Comprehensive Plan, including any subsequent amendment to the plan adopted by the Council;

(vi)

Will not result in the creation of objectionable or excessive noise, lights, vibrations, fumes, odors, dust or physical activities, taking into account existing uses or zoning in the vicinity;

(vii)

Will not overburden existing public services and facilities;

(viii)

Will be sufficiently accessible to permit entry onto the property by fire, police, rescue and other services; and

(ix)

Will be consistent with the definition of a zoning exception, and will meet the standards and criteria of the zoning classification in which such use is proposed to be located, and all other requirements for such particular use set forth elsewhere in the Zoning Code, or otherwise adopted by the Planning Commission.

(2)

In issuing its order to grant a zoning exception as provided in the Zoning Code, the Commission may place reasonable conditions, including, but not limited to, time limits within which action pursuant to the order shall be begun or completed or both, a limitation on hours of operation and design and installation of lighting or visual barriers such as fences, which conditions are for the purpose of protecting the interests of surrounding property owners, in addition to those conditions which are provided in the Zoning Code. An order to grant a zoning exception shall not be granted unless and until the procedures in this Chapter have been complied with.

(3)

The use for which a zoning exception has been granted by the Commission shall not be commenced by the owner, his agent or lessee until such time as the order is deemed to be final or a final order has been issued and all of the improvements stipulated in the grant of exception necessary for the orderly use of the property have been accomplished.

(4)

Unless a longer time is mutually agreed upon by the applicant and the Commission in the particular case, a public hearing shall be held by the Commission to consider an application for zoning exception within not more than 63 days from the date the application is determined to be complete by the Department. Notice of the public hearing shall be made as provided in Section 656.137 and the applicant(s) and all interested persons shall be heard in person or by agent or attorney.

(5)

The violation of the terms of an exception, including conditions and safeguards which may be made a part thereof, shall be deemed a violation of the Zoning Code and punishable as provided in the Zoning Code.

(d)

For purposes of this Section, for zoning exceptions for properties located within the Downtown Overlay Zone, as defined in Section 656.361.2, all references to "Zoning Administrator" shall mean a designated staff member of the Downtown Investment Authority and all references to "Commission" shall mean the Downtown Development Review Board.

(e)

For purposes of this section, for alcohol-related zoning exceptions, all references to "Commission" shall mean the City Council. Alcohol-related zoning exception applications shall be considered by the City Council which shall apply the criteria set forth in Section 656.131(c) and the definition of exception. The Department shall be responsible for making an advisory recommendation with respect to each application for an alcohol-related zoning exception. Public hearings for alcohol-related zoning exceptions shall be noticed in the same manner as required for rezonings set forth in Section 656.137.

(Ord. 91-59-148, § 1; Ord. 91-761-410, § 1; Ord. 98-678-E, § 3; Ord. 2007-564-E, § 6; Ord. 2012-364-E, § 10; Ord. 2023-315-E, § 2)

(a)

A proposal for a zoning variance may be initiated only upon an application for zoning variance filed with the Department by the owner or his authorized agent. An application for a zoning variance under the Zoning Code shall be in writing and in the form prescribed by the Commission. Information required on the application may include, for example, the name and address of the owner and the agent, the property address and location, a legal description, real estate assessment number(s), and a list of the property owners within 350 feet. Other information may include the current zoning of the property, identification of any previous zoning application for this property sought within the preceding five years, the variance being sought, the conditions which are peculiar to the property which are not typical of the zoning district, facts indicating unnecessary and undue hardship on the real property, and facts indicating that the variance would not be detrimental to the public welfare or nullify the intent of the zoning regulations. An application shall be accompanied by a site plan drawn to an appropriate scale showing the property as it is intended to be developed or modified pursuant to the application for variance. The site plan must show the items required under Section 656.131(a). Additional items may be required, to the extent applicable, as required by any site review guidelines which may be promulgated by the Department from time to time. The site plan, as approved, shall be binding upon the variance, if granted. Upon receipt of the application, the Zoning Administrator shall determine whether the application is complete within five working days. If it is determined that the application is not complete, written notice shall be provided to the applicant specifying the deficiencies. The Zoning Administrator shall take no further action on the application until the deficiencies are remedied. When the application is determined to be complete, all fees must be paid as specified in Section 656.147.

(b)

The Department shall be responsible for making an advisory recommendation to the Commission with respect to each application for a zoning variance. This advisory recommendation shall include all available information concerning previous zoning applications for the subject property within the preceding five years, according to the zoning application. The Commission shall be responsible for reviewing and holding a public hearing with respect to each application for a zoning variance from the Zoning Code. Orders granting or denying the variances shall be issued by the Commission and signed by the Chairman and the Secretary thereof. The Commission is authorized to prescribe procedural and administrative rules it deems necessary or appropriate to administer its duties, including the manner in which applications will be filed, the method by which hearings will be held and whether rehearings from its decisions will be allowed and, if allowed, the method by which the rehearings will be held.

(c)

With respect to action upon applications for zoning variance:

(1)

The Commission must first determine whether the need for the variance arises out of the physical surroundings, shape, topographic condition or other physical or environmental conditions that are limited to the specific property involved. If so, the Commission shall make the required findings based on the granting of the variance for that property alone. If, however, the condition is common to numerous sites, so that requests for similar variances are likely to be received, the Commission shall make the required findings based on the cumulative effect of the granting of the variance to all who may apply. The Commission shall not grant the variance unless it makes a positive finding, based upon substantial competent evidence, on each of the following criteria:

(i)

The proposed request is consistent with the definition of a variance;

(ii)

There are practical or economic difficulties in carrying out the strict letter of the regulation;

(iii)

The request is not based exclusively upon a desire to reduce the cost of developing the site, but would accomplish some result which is in the public interest, such as, for example, furthering the preservation of natural resources by saving a tree or trees;

(iv)

The proposed variance will not substantially diminish property values in, nor alter the essential character of, the area surrounding the sites and will not substantially interfere with or injure the rights of others whose property would be affected by approval of the variance;

(v)

The proposed variance will not be detrimental to the public health, safety or welfare, result in additional public expense, the creation of nuisances, or conflict with any other applicable law; and

(vi)

The effect of the proposed variance is in harmony with the spirit and intent of the Zoning Code.

(2)

Unless a longer time is mutually agreed upon by the applicant and the Commission in the particular case, a public hearing shall be held by the Commission to consider an application for zoning variance within not more than 63 days from the date the application is determined to be complete by the Department. Notice of the public hearing shall be made as provided in Section 656.137 and the applicant(s) and all interested persons shall be heard in person or by agent or attorney.

(3)

The violation of the terms of an order granting a zoning variance, including conditions and safeguards which may be made a part thereof, shall be deemed a violation of the Zoning Code and punishable as provided in the Zoning Code.

(d)

The Commission shall not act upon a request for a variance from the provisions of the Zoning Code affecting lands lying within an airport environ or height zone until the Commission has received an advisory opinion from the Airport Zoning Advisory Committee established pursuant to Section 656.1028.

(e)

For purposes of this Section, for zoning variances for properties located in the Downtown Overlay Zone, as defined in Section 656.361.2, all references to "Zoning Administrator" shall mean a designated staff member of the Downtown Investment Authority, all references to "Commission" shall mean the Downtown Development Review Board.

(Ord. 91-59-148, § 1; Ord. 91-761-410, § 1; Ord. 98-678-E, § 3; Ord. 2007-564-E, § 7; Ord. No. 2010-901-E, § 1; Ord. 2012-364-E, § 10)

(a)

Waivers for minimum distance requirements for liquor license locations; waiver criteria. Applications for minimum distance requirements for liquor license locations shall be considered by the Commission in accordance with the notice and public hearing requirements for zoning exceptions set forth in Section 656.131. Applications for waivers shall be in writing on the form prescribed by the Commission and filed with the Department together with the required number of copies and all required attachments. Upon receipt of the application, the Zoning Administrator shall determine whether the application is complete within five working days. If it is determined that the application is not complete, written notice shall be provided to the applicant specifying the deficiencies. The Zoning Administrator shall take no further action on the application until the deficiencies are remedied. When the application is determined to be complete, all fees must be paid as specified in Section 656.147.

The waiver for minimum distance requirements from a church or school for a liquor license location may be granted if there exist one or more circumstances which negate the necessity for compliance with the distance requirements, including, but not limited to the following:

(1)

The commercial activity associated with the alcoholic beverage use is of a lesser intensity than the commercial activity associated with the alcoholic beverage use which previously existed; e.g., there has been a reduction in the number of seats or square footage or the type of license;

(2)

The alcoholic beverage use is designed to be an integral part of a mixed planned unit development;

(3)

The alcoholic beverage use is located within a shopping center with an aggregate gross leasable area of 50,000 square feet or more, inclusive of all outparcels and meets the definition of a "bona fide restaurant", as defined in Section 656.805(c);

(4)

The alcoholic beverage use is not directly visible along the line of measurement defined in Section 656.806 and is physically separated from the church or school, thereby negating the distance requirement as a result of the extra travel time; or

(5)

There are other existing liquor license locations of a similar nature in the immediate vicinity of the proposed location; provided, however, that no waiver shall be granted pursuant to this criterion if the proposed liquor license location is closer to the church or school than other existing locations.

(b)

Minimum street frontage requirement, sign, and Medical Marijuana Dispensing Facilities minimum distance waivers. Applications for minimum street frontage requirement, sign, and Medical Marijuana Dispensing Facilities minimum distance requirement waivers shall be considered by the Council in accordance with the notice and public hearing requirements for rezonings set forth in Section 656.124. Applications for these waivers shall be in writing on the form prescribed by the Council and filed with the Department, together with the required number of copies and all required attachments. Where the waiver is for an existing sign, a photograph or photographs of the sign structure sufficient to show the nonconforming nature of the sign and any physical impediments to bringing the sign into compliance. Where the waiver is for a Medical Marijuana Dispensing Facility, a survey, signed and sealed by a licensed surveyor within the last five years or as required by the Current Planning Division, shall depict the distance from the Medical Marijuana Dispensing Facility to the boundary line of all real property containing a public or private elementary, middle or secondary school within 500 feet. Upon receipt of the application, the Zoning Administrator shall determine whether the application is complete within five working days. If it is determined that the application is not complete, written notice shall be provided specifying the deficiencies. The Zoning Administrator shall take no further action on the application until the deficiencies are remedied. When the application is determined to be complete, all fees must be paid as specified in Section 656.147.

(c)

Sign waiver criteria. The Council, in considering a proposed sign waiver shall determine whether the proposed waiver is in harmony with the spirit and intent of the Zoning Code, considering the following criteria as applicable:

(1)

The effect of the sign waiver is compatible with the existing contiguous signage or zoning and consistent with the general character of the area considering population, density, scale, and orientation of the structures in the area;

(2)

The result will not detract from the specific intent of the Zoning Code by promoting the continued existence of nonconforming signs that exist in the vicinity;

(3)

The effect of the proposed waiver will not diminish property values in, or negatively alter the aesthetic character of the area surrounding the site, and will not substantially interfere with or injure the rights of others whose property would be affected by the same;

(4)

The waiver will not have a detrimental effect on vehicular or pedestrian traffic or parking conditions, or result in the creation of objectionable or excessive light, glare, shadows, or other effects, taking into account existing uses and zoning in the vicinity;

(5)

The proposed waiver will not be detrimental to the public health, safety or welfare, and will not result in additional public expense, creation of nuisances, or cause conflict with any other applicable law;

(6)

The subject property exhibits specific physical limitations or characteristics which are unique to the site and which would make imposition of the strict letter of the regulation unduly burdensome;

(7)

The request is not based exclusively upon a desire to reduce the costs associated with compliance and is the minimum necessary to obtain a reasonable communication of one's message;

(8)

If the request is the result of a violation that has existed for a considerable length of time without receiving a citation, whether the violation that exists is a result of construction that occurred prior to the applicant's acquisition of the property, and not as a direct result of the actions of the current owner;

(9)

The request accomplishes a compelling public interest, such as, for example, furthering the preservation of natural resources by saving a tree or trees; and

(10)

Strict compliance with the regulation will create a substantial financial burden when considering cost of compliance.

Proposals for sign waivers shall be subject to the limitations and requirements of Section 656.1310(a) and (b).

(d)

Street frontage waiver criteria. The waiver for minimum required street frontage may be granted if the Council makes a positive finding based on substantial, competent evidence that the application meets all of the following criteria:

(1)

There are practical or economic difficulties in carrying out the strict letter of the regulation;

(2)

The request is not based exclusively upon the desire to reduce the cost of developing the site or to circumvent the requirements of Chapter 654 (Code of Subdivision Regulations);

(3)

The proposed waiver will not substantially diminish property values in, nor alter the essential character of, the area surrounding the site and will not substantially interfere with or injure the rights of others whose property would be affected by the waiver;

(4)

There is a valid and effective easement for adequate vehicular access connected to a public street which is maintained by the City or an approved private street; and

(5)

The proposed waiver will not be detrimental to the public health, safety or welfare, result in additional expense, the creation of nuisances or conflict with any other applicable law.

(e)

Medical Marijuana Dispensing Facility minimum distance requirement waiver criteria. Notwithstanding the requirements set forth in subsection (b), above, the waiver application and proceedings for the minimum distance requirement of a Medical Marijuana Dispensing Facility from a public or private elementary, middle, or secondary school shall comply with the following requirements:

(1)

The Applicant shall have the burden to prove the proposed location of the Medical Marijuana Dispensing Facility, as defined in Sec. 656.1601, Ordinance Code, promotes the public health, safety, and general welfare of the community.

(2)

Waiver applications for Medical Marijuana Dispensing Facilities shall be considered by the Council.

(3)

Within five (5) working days of an application for a waiver for a Medical Marijuana Dispensing Facility determined to be complete pursuant to subsection (b), the Current Planning Division shall electronically transmit a copy of the Application to the current School District Representative for the Planning Commission. The Duval County School Board shall have 14 days from the date of transmission to provide comments to the Current Planning Division.

(4)

Any and all comments from the Duval County School Board shall be provided to the Council, or incorporated into the Staff Report, prior to the public hearing held by the Council.

(f)

The violation of the terms of an order granting a waiver, including conditions and safeguards which may be made a part thereof, shall be deemed a violation of the Zoning Code and punishable as provided in the Zoning Code.

(g)

Downtown properties. For purposes of this Section, for waivers for properties located within the Downtown Overlay Zone, as defined in Section 656.361.1, all references to "Zoning Administrator" shall mean a designated staff member of the Downtown Investment Authority, all references to "Commission" shall mean the Downtown Development Review Board. Requests for sign waivers for properties located within the Downtown Overlay Zone, as defined in Section 656.361.2 shall be processed as special sign exceptions pursuant to Section 656.1333(j).

(Ord. 2003-1112-E, § 1; Ord. 2007-564-E, § 8; Ord. 2012-364-E, § 10; Ord. 2014-560-E, § 15; Ord. 2018-75-E, § 1)

(a)

An application for an amendment to a final order may be obtained from the Department. An application for an amendment under the Zoning Code shall be in writing and in the form prescribed by the Department. Only the owner of the property or his authorized agent may request an amendment to a final order. Upon receipt of the application, the Zoning Administrator shall determine whether the application is complete within five working days. If it is determined that the application is not complete, written notice shall be provided to the applicant specifying the deficiencies. The Zoning Administrator shall take no further action on the application until the deficiencies are remedied. When the application is determined to be complete, all fees must be paid as specified in Section 656.147. Such amendment may be granted by the Zoning Administrator for any one or more of the following purposes:

(1)

To change, correct or add to the name on an exception, variance, administrative deviation or waiver where such exception, variance, administrative deviation or waiver was granted to be personal to an individual or entity, provided the amendment:

(i)

Is granted prior to transferring title of the property to a new owner; and

(ii)

The exception was not for a use requiring licensure by the State or other government entity;

(2)

To amend a previously approved site plan, provided a revised sketch accompanies the application;

(3)

To extend the time limit within which to commence the use permitted by the exception, variance, administrative deviation, or waiver, provided the amendment is requested prior to the expiration of the original order, or prior to the expiration of any amendment previously granted herein.

(4)

To expand a use that was authorized pursuant to a previously granted exception, provided the density or intensity of the use was not restricted in the original final order and that the expansion will meet all other applicable provisions of the Zoning Code.

(b)

If the requested amendment is not granted by the Zoning Administrator, the applicant may file an application for a new zoning variance or exception.

(c)

For purposes of this Section, for properties located within the Downtown Overlay Zone, as defined in Section 656.361.2, all amendments or modifications to Final Approvals of projects approved by the Downtown Development Review Board, or to associated approved building plans, shall be processed pursuant to Section 656.361.9.

(Ord. 91-59-148, § 1; Ord. 91-761-410, § 1; Ord. 92-955-674, § 1; Ord. 98-678-E, § 3; Ord. 2007-564-E, § 9; Ord. 2017-318-E, § 9)

Note— Former § 656.133.

Any adversely affected person may appeal a written interpretation by the Director of the Zoning Code or an ordinance rezoning to the Planned Unit Development district, to the Commission by filing a Notice of Appeal of a Written Interpretation on the form prescribed by the Department with the Department within 14 days of the issuance of the written interpretation. The Director shall set the matter for a hearing before the Commission within 45 days of the date of the Notice of Appeal, unless otherwise extended by agreement of the Director and the appellant. The hearing before the Commission shall be limited to the oral argument of the Director and the appellant, and/or their respective attorneys. The sole issue to be determined by the Commission is whether the Director's interpretation is "clearly erroneous," as defined under Florida law. The Commission shall issue a written decision concerning the appeal, which written decision shall be deemed to be the final decision of the City, and may be appealed by any person with standing under State law by common law certiorari in the circuit court.

(Ord. 91-59-148, § 1; Ord. 92-2017-1458, § 4; Ord. 98-678-E, § 3)

Note— Former § 656.134.

(a)

The Commission, Downtown Development Review Board or Council, as the case may be, shall promulgate appropriate rules providing for the establishment and maintenance of a record of applications for zoning exceptions, variances, waivers and appeals. A verbatim transcript of the record is not required but the decision-making body shall establish the record in sufficient degree to disclose the factual basis for the final determination with respect to each application or appeal. Any member of the decision-making body may at any time view property under consideration and may incorporate that view when making a decision.

(b)

A final order on each application for an exception, a variance, a waiver, or on each appeal of a written interpretation of the Director shall be issued within 15 calendar days of the last hearing or meeting at which the application or appeal was considered and decided. Each order shall contain findings upon which the order is based and may contain such conditions and safeguards prescribed by the decision-making body as are appropriate in the matter, including, but not limited to, reasonable time limits within which action pursuant to the order shall be begun or completed or both, a limitation on hours of operation and design and installation of lighting or visual barriers such as fences, which conditions are for the purpose of protecting the interests of surrounding property owners. A copy of the order shall be furnished by regular mail within seven calendar days from the effective date of the order to the applicant and copies shall be made available by the Department to all persons who appeared before the decision-making body or filed a qualifying written statement concerning the application, or to any other interested persons. The final order shall be executed by the Office of General Counsel representative and the presiding officer and secretary of the decision-making body. The effective date of the order, and the date upon which the order is deemed to be issued, is the date upon which the order is actually signed by the last of all persons who are required to sign the order.

(c)

A zoning exception, variance or waiver shall be transferable and run with the land, except as hereinafter specifically provided, unless the decision-making body specifically makes the exception personal to the applicant or another individual, and the use shall be commenced within a period of one year from the effective date of the final order granting it. When the use requires licensure or other approvals by the State or any other governmental entity, such as a liquor license approval or approval for day care facilities, the zoning exception, variance or waiver granted in connection with such use shall not be transferable and shall be granted to the applicant or the State license holder.

(d)

The time within which the zoning exception, variance or waiver shall be commenced may be extended by the decision-making body for a period of time longer than one year. Failure to exercise the zoning exception, variance or waiver by commencement of the use or action approved within one year or such longer time as adopted by the decision-making body, as the case may be, shall render the exception, variance or waiver invalid and all rights arising thereunder shall terminate. Transfer of the property by the applicant where the zoning exception, variance or waiver is made nontransferable, shall terminate the exception, variance or waiver.

(e)

The following time limits apply to an application for a zoning exception, variance or waiver:

(1)

Whenever the decision-making body has denied an application for zoning exception, variance or waiver, no further application shall be filed for the same or a substantially similar exception, variance or waiver on a part or all of the same property for a period of one year from the date of the action. In the event that two or more applications for the same or a substantially similar exception, variance or waiver on all or part of the same property have been denied, no further application shall be filed for the same or a substantially similar exception, variance or waiver on a part or all of the same property for a period of two years from the date of the action denying the last application filed.

(2)

The time limits stated in paragraph (1) above may be waived by the decision-making body or the Zoning Administrator, as applicable, when this action is deemed necessary to prevent injustice or to facilitate the proper development of the City.

(f)

If a zoning exception, variance or waiver has been granted and the permitted use commenced, but then ceases for one year or more, the zoning exception, variance or waiver shall be considered rescinded.

(Ord. 91-59-148, § 1; Ord. 91-761-410, § 1; Ord. 98-678-E, § 3; Ord. 2001-622-E, § 1; Ord. 2003-1112-E, § 3; Ord. 2007-564-E, § 10)

Note— Former § 656.135.

(a)

One notice of the time and place of all public hearings which are required to be held by this Chapter with respect to zoning exceptions, variance or waivers, and all public meetings for rezonings, shall be mailed at least 14 days in advance of the first scheduled hearing by United States mail to all owners of real property within 350 feet of the boundaries of the land upon which an exception, variance, waiver, or rezoning is requested and to all neighborhood organizations qualified to receive notice under Section 656.124(f). In regard to a waiver for distance limitations from locations of liquor licenses, all churches and schools within 1,500 feet identified pursuant to Section 656.804 shall also be notified of such waiver request by certified mail, return receipt requested. For the purpose of notice requirements to adjoining owners, the names and addresses of the owners shall be deemed to be those on the current tax records in the Office of the Property Appraiser. For the purpose of notice requirements to registered neighborhood organizations, the registration list compiled by the Zoning Administrator pursuant to Section 656.124(f) shall be utilized. There shall be no additional charge to the applicant for the notices to be delivered to the CPACs and neighborhood organizations. Notice received pursuant to this subsection (a) shall confer "affected party status" automatically upon the recipient of such notice, but the failure of an owner or registered neighborhood organization under Section 656.124(f) required by this Section to be notified by mail to receive the notice shall not invalidate or otherwise have any effect upon a public hearing or action taken by the Commission on an application for zoning exception or variance.

(b)

One notice of all public hearings for each exception, variance or waiver, and of the public meeting held by the Planning Commission for rezonings, shall be published once in a newspaper of general circulation not less than 14 days in advance of the date of the first scheduled hearing. The published notice shall be in a form prescribed by the Commission and placed by the applicant at his expense. The applicant shall file proof of publication with the Commission prior to the public hearing or meeting.

(c)

The applicant for a zoning exception, variance, waiver, or rezoning shall post signs at intervals of not more than 200 feet along all street sides of property upon which the request is made in the form required by the Department within five working days after the filing for a zoning exception, variance or waiver, or pursuant to Section 656.124 for a rezoning. The sign shall be posted in full view of the public on each street side of the land involved in a manner consistent with Section 656.124(c) and shall be maintained by the applicant until a final determination has been made on the zoning exception, variance, waiver, or rezoning. The sign shall be removed by the applicant within ten days after final action by the Commission or Council, as the case may be.

(d)

If the Department finds that the posting of signs in (c) above has not been done or has been done improperly, the Department shall notify the Commission, which may delay the hearing on the zoning applications until the signs are posted in accordance with the requirements of (c) above.

(e)

The notices regarding zoning exceptions, variances or waivers required pursuant to subsection (a) hereinabove should contain a clear and concise statement concerning appeal rights to the Council, including an explanation of the requirement that an adversely affected person who does not appear in person before the Commission must provide a "qualifying written statement" to the Commission in order to preserve any right they may have to file an appeal, and also including the definition of "adversely affected person" and "qualifying written statement." The notices regarding rezonings shall be as required by Section 656.124, Ordinance Code.

(f)

For purposes of this Section, for properties located within the Downtown Overlay Zone, as defined in Section 656.361.2, all references to "Commission" shall mean the Downtown Development Review Board. Furthermore, the requirement contained in subsection (a) of this Section concerning mailed notification to owners of real property within 350 feet of the boundaries of the land upon which the rezoning is requested shall not apply unless such notice is determined by Downtown Investment Authority staff to be appropriate, however, the applicant shall submit an electronic version of the published notice to DIA staff for placement on the City's website.

(g)

For purposes of this section, for alcohol-related zoning exceptions, all preceding references to "Commission" shall mean the City Council.

(Ord. 91-59-148, § 1; Ord. 91-761-410, § 1; Ord. 96-801-506, § 2; Ord. 97-972-E, § 2; Ord. 98-678-E, § 3; Ord. 99-358-E, § 3; Ord. 2001-622-E, § 1; Ord. 2007-564-E, § 11; Ord. 2012-364-E, § 10; Ord. 2015-378-E, § 1; Ord. 2023-315-E, § 2)

Note— Former § 656.136.

Applications on the same property, except for those properties located in the Downtown Overlay Zone, which include one or more combinations for zoning exception(s) and/or variance(s) and/or administrative deviation(s) and/or waiver(s) for minimum distance requirements for liquor license locations and no rezoning of land may be processed and approved or disapproved in a concurrent manner by the Planning Commission. For administrative deviations heard by the Planning Commission, pursuant to this Section, the Planning Commission shall apply the criteria set forth in Section 656.109, Ordinance Code. Appeals of Planning Commission decisions on administrative deviations, pursuant to this Section, shall be processed consistent with Sections 656.140, 656.141, 656.142, 656.143, 655.144 and 656.145, Ordinance Code. Applications on the same property, except for those properties located in the Downtown Overlay Zone, which include a rezoning, waiver for the minimum street frontage requirement and/or sign waiver and one or more of the following: zoning exception(s) and/or variance(s) and/or administrative deviation(s) and/or waiver(s) for minimum distance requirements for liquor license locations may be processed and approved or disapproved in a concurrent manner by the City Council. For zoning exception(s), variance(s), administrative deviation(s) and/or waiver(s) for minimum distance requirements for liquor license locations heard by the City Council, pursuant to this Section, the City Council shall apply the criteria set forth in Sections 656.131, 656.132, 656.109, and 656.133, Ordinance Code, respectively. City Council decisions on zoning exception(s), variance(s), administrative deviation(s) and/or waiver(s) for minimum distance requirements for liquor license locations, pursuant to this Section shall be deemed the final action of the City.

(Ord. 91-59-148, § 1; Ord. 98-678-E, § 3; Ord. 2010-450-E, § 1)

Note— Former § 656.137.

An application for exception, variance, waiver or administrative deviation shall not be allowed to be withdrawn or amended by the applicant at any time after the required fees have been paid to the Tax Collector.

(Ord. 91-59-148, § 1; Ord. 98-678-E, § 3)

Note— Former § 656.138.

The following may appeal any final decision or order of the Commission or Downtown Development Review Board with respect to an application for zoning exception, variance, PUD minor modification, or waiver to the Council:

(a)

The person who filed the application for zoning exception, variance, or waiver;

(b)

Any person who owns, or lives or operates a business on property within 350 feet of property that has been granted or denied a variance, waiver, exception; or

(c)

Any adversely affected person, other than a council member, who provided a qualifying written statement to or testified before the Commission or Downtown Development Review Board. As used herein, the term "qualifying written statement" means a statement in writing which expresses a position on the merits of the application, other than a petition, such as a letter, a memo or an e-mail, which contains a reference to a specific application number and the name and mailing address of the person making the statement, is specifically addressed to the Chief of the Current Planning Division or any Commissioner or Downtown Development Review Board member, with a copy to the Chief of the Current Planning Division, and which is delivered to and received by the Department by hand delivery, mail, facsimile or e-mail at least two working days prior to the public hearing at which final action is taken by the Commission or Downtown Development Review Board member or which is read into the record at the public hearing or distributed to the Commission or Downtown Development Review Board member at the hearing with a copy to the staff secretary.

(Ord. 91-761-410, § 1; Ord. 91-1326-572, §§ 1, 2; Ord. 92-503-544, § 1; Ord. 92-2017-1458, § 5; Ord. 98-678-E, § 3; Ord. 2001-622-E, § 1; Ord. 2007-564-E, § 12; Ord. 2017-318-E, § 10)

Note— Former § 656.139.

(a)

The notice of appeal shall be filed with the Legislative Services Division and contain:

(1)

A copy of the written order to be reviewed;

(2)

A statement of the interest of the person seeking review which is sufficient to show how that person is adversely affected, if not within 350 feet;

(3)

A statement which explains the specific error alleged as the grounds for the appeal;

(4)

A written list, certified by the staff secretary to the Commission or Downtown Development Review Board, of the complete names and mailing addresses of any and all persons who either provided a qualifying written statement to or testified before the Commission or Downtown Development Review Board regarding the subject of the appeal; and

(5)

A written list, certified by the staff secretary to the Commission or Downtown Development Review Board, of all owners of real property within 350 feet of the boundaries of the land which is the subject of the appeal, and, if the appeal concerns an application for a waiver of the minimum distance requirements from a church or school for a liquor license location, the list shall include all churches and schools within 1,500 feet identified pursuant to Section 656.804.

(b)

The notice of appeal shall be filed with the Legislative Services Division within 21 calendar days from the effective date of the final decision of the Commission or Downtown Development Review Board, and shall be accompanied by a filing fee as found in www.coj.net/fees, together with a notification fee for each required notification.

(Ord. 91-761-410, § 1; Ord. 91-1326-572, § 1; Ord. 98-678-E, § 3; Ord. 2001-622-E, § 1; Ord. 2007-564-E, § 13; Ord. 2007-813-E, § 10.11; Ord. 2010-216-E, § 10; Ord. 2017-665-E, § 29)

Note— Former § 656.140.

(a)

Within five days of the filing of a notice of appeal, including all required attachments, which has been determined to be complete, the Legislative Services Division shall notify the Council President, the Chairman of the appropriate committee of Council, the affected district Council member, the Director and the Chief of the Current Planning Division of the filing of the notice of appeal and shall request the Office of General Counsel to prepare a resolution concerning the appeal to be introduced by the appropriate committee of Council.

(b)

Upon notification by the Legislative Services Division of the filing of a notice of appeal, the Department shall forward a copy of the Department file on the matter to the Office of General Counsel, including the minutes or transcript of the proceedings and any exhibits submitted to the Commission or Downtown Development Review Board.

(c)

Upon a determination by the Office of General Counsel that the notice of appeal is sufficient, timely filed and that the appellant has standing to file the appeal, the resolution shall be filed with the Legislative Services Division and the Chairman of the committee of reference shall schedule a public hearing concerning the appeal. The Legislative Services Division shall notify the applicant and all persons included on the certified written lists attached to the notice of appeal of the date, time and location of the public hearing. The written notices shall be mailed at least 14 days prior to the date of the scheduled public hearing. If the Office of General Counsel determines that the notice of appeal is not sufficient, timely filed, or that the appellant does not have standing to file the appeal, the attorney shall prepare a written recommendation concerning the deficiencies for consideration by the committee of reference. After the committee of reference makes a determination concerning the deficiencies, the Office of General Counsel shall notify the appellant in writing of the deficiencies. No further action shall be taken until the appellant remedies the deficiencies and the committee of reference thereafter determines the notice of appeal to be complete. The deficiencies must be remedied within 30 calendar days or the resolution is subject to withdrawal by the Council at any time thereafter.

(d)

The resolution shall be referred to the appropriate committee of Council, which shall conduct a de novo public hearing as soon thereafter as reasonably practicable. The committee of reference shall prepare a proposed recommended written order for consideration by the Council.

(Ord. 91-761-410, § 1; Ord. 91-1326-572, § 1; Ord. 92-503-544, § 2; Ord. 98-678-E, § 3; Ord. 2001-622-E, § 1; Ord. 2007-564-E, § 14)

Note— Former § 656.141.

(a)

The Council's review shall be a de novo review of the record and applicable law; provided, however, any council member may at any time view the property and consider that view.

(b)

The record shall include all evidence and testimony presented to the Commission or Downtown Development Review Board as well as any evidence presented to the appropriate committee of Council.

(Ord. 91-761-410, § 1; Ord. 91-1326-572, § 1; Ord. 98-678-E, § 3; Ord. 2007-564-E, § 15)

Note— Former § 656.142.

(a)

The appropriate committee of Council shall have the authority:

(1)

To accept briefs and other papers to be filed on behalf of any party; provided all papers are submitted at or prior to the Committee hearing;

(2)

To hear oral argument on behalf of any party;

(3)

To adjourn, continue, or grant extensions of time for compliance with these rules, whether or not requested by a party, provided no requirement of law is violated;

(4)

To dispose of procedural requests or similar matters including motions to amend and motions to consolidate;

(5)

To keep a record of all persons requesting notice of the decision in each case.

(b)

Any councilmember may at any time view the property which is the subject of the appeal.

(Ord. 91-761-410, § 1; Ord. 91-1326-572, § 1; Ord. 98-678-E, § 3)

Note— Former § 656.143.

(a)

The Council may affirm, reverse, or modify each contested decision, or it may remand the matter back to the Commission or Downtown Development Review Board with specific instructions for further action, by adopting a written order.

(b)

When the Council acts on a contested decision pertaining to a final action of the Commission or Downtown Development Review Board, Council action shall be deemed to be the final action of the City of Jacksonville as of the effective date of the resolution and shall be subjected to no further review under this Code.

(Ord. 91-761-410, § 1; Ord. 91-1326-572, § 1; Ord. 96-1091-664, § 2; Ord. 98-678-E, § 3; Ord. 2001-622-E, § 1; Ord. 2007-564-E, § 16)

Note— Former § 656.145.

The Council Secretary shall be the custodian of all documents concerning the appeal, including the notice of appeal, the Council's decision, and the record of the proceedings.

(Ord. 91-761-410, § 1; Ord. 91-1326-572, § 1; Ord. 98-678-E, § 3)

(a)

The schedule of fees is posted on the following City of Jacksonville webpage: www.coj.net/fees. A receipt from the Tax Collector showing payment of the applicable fee shall accompany an application prior to consideration thereof. The fees shall include neither the cost of a required advertisement, which shall be placed and paid for by the applicant, nor the cost of notification, which cost shall be for each notification and shall be paid by the applicant to the City. The fees are subject to the Annual Review of Fees provision found in Section 106.112, Ordinance Code.

(b)

When the appropriate Committee of Council or the Commission or the Downtown Development Review Board, as the case may be, by the affirmative voice vote of a majority of Committee Members, Commissioners or Board members, as the case may be, determines that an application for rezoning, zoning exception, variance or waiver was submitted in good faith, without notice of impropriety, and withdraws such application from its consideration for such reason, the Zoning Administrator or designated DIA staff member, as the case may be, shall authorize the refund of 100 percent of the application fee, without further action by Council if the applicant thereof submits a written request for refund of the fees accompanied by a written certification from the Council Secretary or the Commission Secretary or staff to the Downtown Development Review Board, as the case may be, that such action was taken on a particular date; provided, however that no refund shall be made for application fees of $50 or less.

(Ord. 91-59-148, § 1; Ord. 91-761-410, § 1; Ord. 91-1326-572, § 2; Ord. 92-2017-1458, § 6; Ord. 98-678-E, § 3; Ord. 2001-622-E, § 1; Ord. 2004-1003-E, § 11; Ord. 2007-564-E, § 17; Ord. 2007-813-E, § 10.11; Ord. 2008-27-E, § 3; Ord. 2010-216-E, § 10; Ord. 2012-364-E, § 10; Ord. 2017-318-E, § 11; Ord. 2017-665-E, § 29)

All final actions taken by the Council, Commission, Downtown Development Review Board or Zoning Administrator under this Part may be challenged by any person with standing under State law in whatever way authorized by State law. Orders of the Commission or Downtown Development Review Board concerning variances, exceptions and waivers shall be reviewable only by the Council pursuant to the procedures set forth in this Chapter and shall not be reviewable by the Circuit Court.

(Ord. 91-1326-572, § 3; Ord. 98-678-E, § 3; Ord. 2007-564-E, § 18)

The time periods provided for in this Subpart are procedural and not substantive and noncompliance with a time period shall neither confer nor deny a substantive right to an applicant for an exception or a variance.

(Ord. 91-59-148, § 1)

Editor's note— Pursuant to the adoption of Ord. 91-1326-572, the editor has redesignated former § 656.141 as § 656.149.

(a)

No structure or demised premises, as defined in Section 656.1601, other than a single family residence or duplex, shall be used or any existing use enlarged, or any new use made of any land or structure, without the owner, or tenant if applicable, first obtaining a certificate of use from the Department. Said certificate of use shall be required for each individual business and each multi-family building located within the City.

Notwithstanding any ordinance to the contrary, and notwithstanding any prior legal status of any multi-family residence and business, any new multi-family residence or new business, or any changes in use, expansion of square footage occupied, or the inclusion of additional uses after May 29, 2006, will require a certificate of use. A certificate of use review, pursuant to Section 656.153 below, shall not be required in connection with changes in name or ownership, provided that the use is the same before and after such change in name or ownership. This provision does not apply when the change in name or ownership occurs with alterations or changes to the use of the property. In addition, this provision does not apply to businesses that are regulated by State law and are required to obtain licenses in the name of the license-holder. In the case of a business name change or a change in ownership, the certificate of use shall be filed to reflect the new name of the business or change in ownership. For businesses that require a change in business name or ownership and are currently exempt from the certificate of use requirement, so long as there have been no alterations or changes to the use of the property, the business shall only be required to obtain a certificate of use that will be placed on file, without the necessity for a review pursuant to Section 656.153 below.

(b)

The issuance of a certificate of use shall not require a structure or demised premises to be retrofitted or brought into compliance with the current building code unless required by State law or Subpart C, Part 12, Chapter 656, Ordinance Code, or there is substantial alteration within the demised premises or substantial alteration, including new construction of the existing structure. The City shall have the right to periodically inspect a structure or demised premises at any reasonable time to ensure the existence of a current and valid certificate of use, and to ensure compliance with applicable zoning regulations, Florida Building Code, Florida Fire Prevention Code, solid waste regulations, and all applicable local and State regulations and other terms under which a certificate of use was issued.

(c)

A certificate of use shall cover all uses contained within a structure or a demised premises permitted on the land. All uses that are consistent with those permitted in the certificate of use shall not require separate certificates of use. A new certificate of use will be required for all uses inconsistent with the uses permitted under a certificate of use.

(d)

No certificate of use shall be utilized in a manner contrary to the regulations contained within the Ordinance Code.

(e)

It shall be the duty of all officers and inspectors of the Building Inspection Division, the Municipal Code Compliance Division, Fire Prevention Division, Planning and Development Department, Solid Waste Division, and law enforcement officers, to report to the Director any apparent violation of this Subpart.

(Ord. 2005-1355-E, § 3; Ord. 2014-724-E, § 2; Ord. 2022-766-E, § 1)

(a)

An application for a certificate of use shall be filed with the Department. The Director is authorized and directed to establish a certificate of use application form, which shall contain the following information:

(1)

Applicant's name, address, phone number and email address;

(2)

Applicant's business name, address, phone number and email address;

(3)

The previous use of the structure or demised premises, if known;

(4)

The proposed use of the structure or demised premises;

(5)

Occupant capacity of the structure or demised premises; and

(6)

Square footage of the structure or demised premises.

(b)

The fee for a certificate of use is as found in www.coj.net/fees. An applicant for a certificate of use shall pay the fee to the Department upon receipt of the certificate of use, and subject to the Annual Review of Fees provision found in Section 106.112, Ordinance Code.

(Ord. 2005-1355-E, § 3; Ord. 2010-216-E, § 10; Ord. 2017-318-E, § 12; Ord. 2017-665-E, § 29; Ord. 2022-766-E, § 1)

The Building Inspection Division shall review each certificate of use application for any new uses, changes in use, expansion of square footage or inclusion of new uses, for compliance with the Florida Building Code, and Part 12 and Part 13 of Chapter 656, Ordinance Code. The Fire Prevention Division shall review each certificate of use application for any new uses, changes in use, expansion of square footage or inclusion of new uses, for compliance with Chapter 633 of the Florida Statutes and Chapter 420, Ordinance Code. The Planning and Development Department shall review each certificate of use application for any new uses, changes in use, expansion of square footage or inclusion of new uses, for compliance with Chapter 656, Ordinance Code. The Zoning Administrator shall issue a certificate of use for any new uses, changes in use, expansion of square footage or inclusion of new uses, upon a positive recommendation from each department, however in the event there is a question as to the legality of a use, the Zoning Administrator may require inspections, affidavits and such other information the Zoning Administrator may deem appropriate or necessary to establish the legality of the use, before a certificate of use will be issued. Promptly after determining that additional inspections, affidavits and other information is necessary, the Zoning Administrator shall provide written notice to the applicant itemizing same. Such notice shall include all requirements known by the Zoning Administrator at the time of providing notice. If inspections of the structure or demised premises are needed, such inspections or reviews shall occur within ten business days and the City shall aspire to complete any subsequent inspection required for additional information to obtain a certificate of use approval within ten additional business days, or as soon thereafter as practical. Contemporaneous with the filing of an application for certificate of use, the applicant shall provide a current fire inspection report to the Zoning Administrator, if available. The Zoning Administrator shall not issue a certificate of use for any new use, change in use, expansion of square footage or inclusion of new uses prior to final written approval (including by electronic means) of the Building Inspection Division, Fire Prevention Division, and Planning and Development Department as to their relevant portion of review. In addition, a conditional approval of a certificate of use may be granted by the Zoning Administrator, where State and local law allows, pending receipt of any additional inspections, affidavits, and other necessary information, if the Zoning Administrator has provided written notice to the applicant itemizing same. Such conditional approval shall be valid for a period not to exceed 90 days plus any extension(s) granted by the Zoning Administrator, which shall not be unreasonably withheld. Failure to permit inspection of the premises shall be grounds for denial of an application for a certificate of use or revocation of an existing certificate of use.

(Ord. 2005-1355-E, § 3; Ord. 2014-724-E, § 2; Ord. 2022-766-E, § 1)

Except for certificates of use required to be renewed annually by the Ordinance Code, or by any zoning exception, variance, waiver, or administrative deviation, certificates of use shall remain valid for an unlimited time unless revoked for cause.

(Ord. 2005-1355-E, § 3; Ord. 2022-766-E, § 1)

In addition to those uses identified in Section 656.151, the following uses do not require certificates of use:

(a)

Auctioneer as defined by Section 250.101, Ordinance Code;

(b)

Downtown sidewalk vendor as defined by Section 250.101, Ordinance Code;

(c)

Home occupation;

(d)

Peddler as defined by Section 250.101, Ordinance Code;

(e)

Sidewalk vendor as defined by Section 250.101, Ordinance Code;

(f)

Street vendor as defined by Section 250.101, Ordinance Code; and

(g)

Transient merchant as defined by Section 250.101, Ordinance Code.

(Ord. 2005-1355-E, § 3; Ord. 2022-766-E, § 1)

In the event the Zoning Administrator determines to deny any application for a certificate of use, the Zoning Administrator shall provide the applicant written notice of said denial, along with the reasons for said denial and any written documents pertaining to the denial. Said notice of denial shall afford the applicant an opportunity to appear before the Building Codes Adjustment Board and is subject to the procedures set forth in Chapter 56, Ordinance Code.

(Ord. 2005-1355-E, § 3; Ord. 2014-724-E, § 2; Ord. 2022-766-E, § 1)

The Director is authorized to suspend or revoke a certificate of use for cause. The following constitute adequate grounds for the Director to suspend or revoke a certificate of use:

(a)

The certificate holder has failed to disclose or has misrepresented a material fact or information required by this Chapter in the application;

(b)

The certificate holder, as part of the certificate holder's business activity within the City, is engaged in conduct that is detrimental to the public health, welfare or safety of the City;

(c)

The certificate holder does not engage in the use described in the application or has changed the use without authorization through approval of a new certificate of use for the changed use, as required herein;

(d)

The certificate holder is conducting business from premises that do not possess a valid and current certificate of occupancy as may be required by City, County and State laws;

(e)

The certificate holder has been convicted of violations of City, County or State regulations or law (including civil violations), on three or more separate occasions in less than five years for activities occurring at the certificate holder's premises;

(f)

In the event of a conviction of any owner, operator, manager, supervisor, or any employee acting at the direction or with the knowledge of the owner, operator, manager, or supervisor, by a court of competent jurisdiction, for the violation of any criminal statute committed in conjunction with the business operation;

(g)

The certificate holder has violated any provision of this Chapter and has failed or refused to cease or correct the violation within 30 days of receipt of notification thereof or the building or structure has been condemned as an unsafe structure on more than three occasions over a two year period;

(h)

The certificate holder, as part of their business activity within the City, has used the premises or knowingly lets, leases or gives space for unlawful gambling purposes;

(i)

The certificate holder, within the preceding five years in this State or any other state or in the United States, has been adjudicated guilty of or forfeited bond when charged with soliciting for prostitution, pandering, letting premises for prostitution, keeping a disorderly place, or illegally dealing in, manufacturing or processing of narcotics;

(j)

The premises have been condemned by the local health authority for failure to meet sanitation standards or the premises have been condemned by the Municipal Code Compliance Division, Building Inspection Division or the Fire Prevention Division because the premises are unsafe or unfit for human occupancy;

(k)

The certificate holder's premises have been found to constitute a public nuisance pursuant to F.S. §§ 823.01, 823.05, 823.10, or 823.13; or Chapter 672 (Public Nuisance Abatement Board), Ordinance Code;

(l)

The certificate holder has failed to satisfy any fines or administrative fees imposed pursuant to Chapters 91 or 609, Ordinance Code.

(Ord. 2014-724-E, § 2; Ord. 2022-766-E, § 1)

In the event the Director determines there are sufficient grounds to suspend or revoke a certificate of use, the Director shall provide the applicant written notice of said suspension or revocation, along with the reasons for said suspension or revocation and any written documents pertaining to the suspension or revocation. Said notice of denial shall afford the applicant an opportunity to appear before the Building Codes Adjustment Board and is subject to the procedures set forth in Chapter 56, Ordinance Code.

(Ord. 2014-724-E, § 2; Ord. 2022-766-E, § 1)

A certificate of use issued under this Chapter does not waive or supersede other City or County ordinances or State or federal regulations or laws; does not constitute City approval of any particular business activity or manner of conducting a business activity; and does not excuse the taxes with other City, County, State and federal regulations, ordinances and laws applicable to any business and may not be used in any manner as a defense to any enforcement action. All application materials prepared under this Chapter shall so state. The approval of the certificate of use by the Zoning Administrator and any reviewing agency shall not authorize or legalize in any manner a violation of City, County, State or federal ordinance, regulation or law.

(Ord. 2014-724-E, § 2)

Any person conducting a business for which a certificate of use is required by this Chapter shall post the certificate of use in a conspicuous place in or about the place of business where it may be seen upon inspection by any official of the City. Failure to do so shall constitute a violation of Chapter 609, Ordinance Code. If a certificate of use is lost or stolen, a duplicate certificate of use may be issued by the Zoning Administrator, provided that a duplication fee shall be charged for each duplicate certificate of use.

(Ord. 2014-724-E, § 2)

In addition to the remedies available pursuant to Section 656.111, Ordinance Code, any person who shall violate a provision of this Subpart, or fails to comply therewith, or with any of the requirements thereof, shall upon conviction thereof in County Court, be punished by a fine not to exceed $500 or by imprisonment in the County Jail for not more than 60 days, or both such fine and imprisonment. Any person or entity that violates or fails to comply with this Subpart shall also be subject to fines in accordance with Chapter 609, Ordinance Code. Each day of violation or noncompliance shall constitute a separate offense.

(Ord. 2014-724-E, § 2)

(a)

In addition to the penalties provided for in Section 656.111, Ordinance Code, and Section 656.161 above, whenever the Municipal Code Compliance Division determines that a person or entity is operating a business without a certificate of use when one is required under this Subpart, the Chief of the Municipal Code Compliance Division may issue a notice of violation as provided herein to the owner of the property (and the tenant, renter or lessee if applicable), hereinafter referred to as the "alleged violator," stating that they have 30 days from receipt of the notice to correct the violation and submit a completed application for certificate of use, as determined by the Planning and Development Department. The notice of violation shall also state the ramifications for failing to comply with the notice of violation, which may result in a cease and desist order from the Municipal Code Compliance Division, which may be accompanied by an order to terminate electrical power from the Building Inspection Division if the continuation of the illegal use will endanger the public health, safety or welfare. The notice shall be mailed by certified or express mail or hand delivered to each alleged violator as shown by the public records of Duval County and shall also be mailed to any owner's agent if such agent's name and address is on file in the Property Appraiser's Office as shown on the latest tax roll.

(b)

If after the 30 days from receipt of the notice of violation, the alleged violator has not complied with the notice of violation and has not submitted a completed application for certificate of use, the Chief of the Municipal Code Compliance Division shall issue a cease and desist order to cease business operations, which may be accompanied by an order to terminate electrical power from the Building Inspection Division if the continuation of the illegal use will endanger the public health, safety or welfare, until a certificate of use is obtained. The cease and desist order shall also include a statement of the particular code violation(s) and detail the appeal mechanisms available to the alleged violator.

(c)

The cease and desist order may be contested upon appeal of such determination within five days of receipt by submitting a request to a Special Magistrate. The hearing shall be held within ten days as provided in Chapter 91, Ordinance Code. After hearing evidence, the Special Magistrate may quash the cease and desist order (and order to terminate electrical power if applicable) or may continue the order(s) in effect.

(d)

The Special Magistrate shall issue his or her ruling on the same day that the hearing is held and the final order shall be effective as of that date. Upon entry of the final order, a copy of the Special Magistrate's decision shall be mailed to the parties by certified U.S. mail. The Special Magistrate's determination shall be the final action of the City and the affected party shall thereafter have any remedies available at law.

(Ord. 2014-724-E, § 2; Ord. 2015-836-E, § 2)

Any person who violates a provision of this Subpart or a written order promulgated under this Subpart is subject to injunctive or other equitable relief to enforce compliance with or prohibit the violation of this Subpart. The Director of Planning and Development is hereby authorized to institute actions on behalf of the City in any court of competent jurisdiction in this State to seek enforcement of this Subpart and all remedies for violations thereof.

(Ord. 2014-724-E, § 2)