The City is hereby divided into zoning districts as set out in the Zoning Code and the boundaries of the districts are as shown on the Zoning Atlas of the City as it may be amended from time to time. In the establishing, combining, amending and abolishing of zoning districts, the Comprehensive Plan shall be taken into account and no district or districts may be established, combined, amended or abolished in a manner which is inconsistent with the Comprehensive Plan, unless and until the Council amends the Comprehensive Plan.

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

The Zoning Atlas of the City, together with all lawfully adopted explanatory material shown thereon or therewith, is hereby adopted by reference and made a part of the Zoning Code. A reproducible copy of the Zoning Atlas shall be maintained in the Department by the Director, or his designee, who is authorized to determine the current zoning status of a parcel of land from this copy of the Zoning Atlas, as it may be amended from time to time pursuant to Section 656.203. Copies of the Zoning Atlas shall be kept on public display in the offices of the Planning and Development Department and online at http://www.coj.net/departments/finance/city-fees.aspx.

(Ord. 91-59-148, § 1; Ord. 96-692-433, § 2; Ord. 98-678-E, § 4; Ord. 2017-318-E, § 13)

(a)

As amendments are made to the district boundaries and the zoning classifications of various parcels of land by the rezoning procedures provided in Part 1, Subpart C, the Council Secretary shall provide the Department with a copy of each ordinance which enacts the rezoning within ten days of the effective date thereof.

(b)

Upon the receipt from the Council Secretary of a copy of an ordinance rezoning land or amending district boundaries, the Department shall promptly revise copies of the Zoning Atlas kept on public display to reflect the change. The reproducible copy of the Zoning Atlas maintained by the Director or his designee, shall also be corrected from time to time to show current status as the rezoning of land or revision of district boundaries occurs.

(c)

It is the intent of the Zoning Code that the Zoning Atlas adopted by Section 656.202, shall accurately reflect the location of district boundaries and the zoning classification of all lands in effect on the date of their adoption. Notwithstanding any changes resulting from corrections to the Cadastral maps as periodically made by the Property Appraiser, whenever the Director or his designee, discovers that, through a bona fide error in the reproduction process, the Zoning Atlas or a revised panel therein does not agree with the latest enacted ordinance related thereto, he shall notify the affected District Council member, each at-large Council member and the Chairman of the appropriate committee of Council of the bona fide error. Upon notification, the Department shall post signs concerning the proposed correction consistent with the posting requirements set forth in Section 656.124(c).

(1)

Any adversely affected person may appeal the decision by filing a notice of appeal with the Legislative Services Division within 14 calendar days after the posting of the signs. There shall be no filing fee. Within five days of the filing of a notice of appeal, the Legislative Services Division shall notify the Council President, the Chairman of the appropriate committee of Council, the affected district Council member and the Director 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.

(2)

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 appropriate committee of Council shall schedule a public hearing concerning the appeal. The Legislative Services Division shall notify the appellant and the property owner of the public hearing. The written notices shall be mailed at least 14 days prior to the date of the scheduled public hearing. The sole issue to be determined by the appropriate committee of Council is whether the Director's decision that there is a bona fide error is "clearly erroneous," as defined under Florida law. 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 appropriate committee of Council 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 appropriate committee of Council thereafter determines the notice of appeal to be complete. The deficiencies must be remedied within 14 calendar days or the resolution is subject to withdrawal by the Council at any time thereafter.

(3)

If no appeal is requested, within 15 calendar days after the posting of the signs, the bona fide error shall be deemed effective and the corrected map shall be substituted in the Zoning Atlas or the revised panel by the Director or his designee. If appealed, the corrected map shall not be substituted in the Zoning Atlas or the revised panel by the Director or his designee unless approved by the Council. In the event the Council denies the request, such denial does not affect the rights of anyone to seek a rezoning for the subject property through the process set forth in Subpart C, Part 1 of the Zoning Code.

(Ord. 91-59-148, § 1; Ord. 96-692-433, § 2; Ord. 98-678-E, § 4; Ord. 2009-429-E, § 2)

A change in the Zoning Atlas shall be made in conformity with the procedures set out in this Zoning Code. Any other change shall be considered a violation of the Zoning Code.

(Ord. 91-59-148, § 1)

The final authority as to the current zoning status of land and water area shall be the Zoning Atlas, as amended from time to time by ordinance; provided, however, that the actual legal description included in an ordinance rezoning land or changing district boundaries shall take precedence over a panel of the Zoning Atlas which has been drawn in error so as not to agree with the legal description.

(Ord. 91-59-148, § 1)

All zoning panels or the remaining portions thereof which have had the force and effect of official zoning panels for Duval County or for the City shall be retained as a public record. The Director and his designee shall have the authority to prepare and maintain microfilm, photographic or computer imaged copies thereof in lieu of the original records.

(Ord. 91-59-148, § 1; Ord. 96-692-433, § 3; Ord. 98-678-E, § 4)

A district symbol or name shown within district boundaries on the Zoning Atlas indicates that district regulations pertaining to the district extend throughout the whole area surrounded by the boundary line.

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

Where uncertainty exists as to the boundaries of districts shown on the Zoning Atlas, the following rules shall apply, provided the same are consistent with the Comprehensive Plan:

(a)

Boundaries indicated as approximately following the centerline of streets or alleys shall be construed as following the centerlines as they exist on the ground, except where the variation of the actual location from the mapped location would change the zoning status of a lot or parcel, in which case the boundaries shall be interpreted in such a manner as to avoid changing the zoning status of a lot or parcel. In the case of a street or alley closure, the boundary shall be construed as remaining in its location, except where ownership of the vacated street or alley is divided other than at the center, in which case the boundary shall be construed as moving with the ownership but not beyond the previous right-of-way line.

(b)

Boundaries indicated as approximately following lot lines, public property lines and the like shall be construed as following these lines; provided, however, that where boundaries are adjacent to a street or alley and the zoning status of the street or alley is not indicated, the boundary shall be construed as running to the centerline of the street or alley.

(c)

Boundaries indicated as approximately following City limits shall be construed as following these City limits.

(d)

Boundaries indicated as following railroad tracks shall be construed as being midway between the main tracks thereof.

(e)

Boundaries indicated as following shorelines or centerlines of streams, canals, lakes or other bodies of water shall be construed as following these shorelines or centerlines. In case of a change in shorelines or of the course or extent of bodies of water, the boundaries shall be construed as moving with the change, except where the moving would change the zoning status of a lot or parcel and, in this case, the boundary shall be interpreted in such a manner as to avoid changing the zoning status of a lot or parcel.

(f)

Boundaries indicated as entering a body of water but not continuing to an intersection with other zoning boundaries or with the limits of jurisdiction of the City shall be construed as extending in the direction in which they enter the body of water to the intersection with other zoning boundaries or with the limits of the City's jurisdiction.

(g)

Boundaries indicated as following physical features other than those mentioned above shall be construed as following the physical features except where the variation of the actual location from the mapped location would change the zoning status of a lot or parcel and, in this case, the boundary shall be interpreted in such a manner as to avoid changing the zoning status of a lot or parcel.

(h)

Distances not specifically indicated on the Zoning Atlas shall be determined by the scale of the panel of the Zoning Atlas showing the property in question.

(i)

Boundaries indicated as encompassing PBF-1 (Public Buildings and Facilities-1) District shall be construed as including only that property owned by federal, State or local government. Where, through inadvertence, private property has been included in the PBF-1 District, the private property shall not be deemed to be zoned in the PBF-1 classification but shall be deemed to have the zoning classification of other abutting property.

(Ord. 91-59-148, § 1; Ord. 92-955-674, § 2)

Where a district boundary divides a lot of record at the time the boundary was established and where the division makes impractical the reasonable use of the lot, the extension of the regulations for either portion of the lot may be permitted by the Zoning Administrator beyond the district line into the remaining portion of the lot, provided the rezoning to establish the district which was initiated by the Council.

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

Where a division of a lot of record existing on March 18, 1985, by an airport environ zone boundary makes impractical the reasonable use of the lot, the Zoning Administrator may, when not contrary to the public interest or the spirit or intent of Part 10 of the Zoning Code, move the boundary line to wholly encompass or exclude the lot from the zone.

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

This Subpart shall apply except as otherwise provided in this Zoning Code.

(Ord. 91-59-148, § 1)

Except as otherwise provided in Part 7 for existing nonconforming uses and structures:

(a)

No structure, land, premises or water shall hereafter be used or occupied for a purpose other than as provided in the zoning district regulations and no structure or part thereof shall hereafter be erected, constructed, reconstructed, located, moved or structurally altered except in conformity with the regulations of the Zoning Code applicable to the district in which it is located.

(b)

The use provisions in the various zoning districts are exclusive and a use not included under permitted or permissible uses shall be prohibited in the district.

(c)

The sale, serving or consumption of alcoholic beverages for compensation of any kind is prohibited in a district except as specifically provided in permitted or permissible uses in the district.

(Ord. 91-59-148, § 1)

No structure shall hereafter be erected or altered:

(a)

To exceed height, bulk or floor area herein provided.

(b)

To provide a greater number of dwelling units.

(c)

To provide less lot area for each dwelling unit.

(d)

To occupy a smaller lot.

(e)

To occupy a greater percentage of lot area; or to provide narrower or smaller yards, courts or other open space.

(f)

To provide less impervious surface than as designed as required by Section 654.129.

(g)

To provide lesser separation between buildings or structures or portions of buildings or structures than herein provided or in any other manner contrary to the provisions of the Zoning Code.

(Ord. 91-59-148, § 1; Ord. 2019-375-E, § 1)

No part of a required yard or other required open space or off-street parking or off-street loading space provided in connection with one structure or use shall be included as meeting the requirements for another structure or use, except where a specific provision to the contrary is made in the Zoning Code.

(Ord. 91-59-148, § 1)

No lot existing or required on September 5, 1969, shall thereafter be reduced in dimension or area below the minimum requirements set forth herein, other than by variance, except by reason of a portion of such lot being acquired for public use in any manner. Lots or yards created after the effective date of the Zoning Code shall meet at least the minimum requirements established the Zoning Code and shall be consistent with the Comprehensive Plan.

(Ord. 91-59-148, § 1)

The regulations established by the Zoning Code within each district shall be minimum or maximum limitations as set forth herein and shall apply uniformly to each class or kind of structure, use, land or water.

(Ord. 91-59-148, § 1)

If as a result of a governmental taking, either by negotiation or condemnation, existing lots, structures, uses of land, water or structures become nonconforming with the provisions of this Chapter, the following provisions shall apply:

(a)

Existing characteristics of use including minimum lot area and yard requirements, maximum coverage by all buildings and structures, minimum number of required off-street parking and loading spaces and required landscaping which becomes nonconforming or increased in nonconformity, shall not be required to be brought into conformity with the provisions of this Chapter and shall be deemed thereafter to be conforming. Any expansion or enlargement shall be in accordance with all applicable provisions of this Chapter relative thereto.

(b)

Existing major structures (for these purposes is defined as a structure or structures with a just value in excess of $4,000) which become nonconforming or increased in nonconformity according to subsection (a) of this Section which are thereafter damaged to an extent of not more than 65 percent of the just value at the time of destruction, may be rebuilt without the necessity to conform to the characteristics of use as defined in subsection (a) of this Section. Any expansion or enlargement shall be in accordance with all applicable provisions of this Chapter relative thereto.

(Ord. 93-405-390, § 1)