Land use categories are included in this Part, with the titles as indicated:

(a)

Residential Categories:

Rural Residential

Low Density Residential

Medium Density Residential

High Density Residential

(b)

Commercial Categories:

Residential-Professional-Institutional

Neighborhood Commercial

Community/General Commercial

Regional Commercial

Central Business District

(c)

Industrial Categories:

Business Park

Light Industrial

Heavy Industrial

Water Dependent-Water Related

(d)

Miscellaneous Categories:

Agriculture

Public Buildings and Facilities

Conservation

Recreation and Open Space

(Ord. 91-59-148, § 1)

District titles and sections in this Zoning Code where the information pertinent to these titles may be found are included in this Part, with the abbreviations of the titles as indicated:

(Ord. 91-59-148, § 1; Ord. 2008-969-E, § 1; Ord. 2014-279-E, § 1; Ord. 2015-338-E, § 1; Ord. 2017-318-E, § 14)

(a)

Where the phrases all residential districts, residential district, zoned residentially or residentially zoned are used in this Zoning Code, these phrases shall be construed to include the following districts: RR-Acre, RLD-120, RLD-100A, RLD-100B, RLD-90, RLD-80, RLD-70, RLD-60, RLD-50, RLD-40, RLD-TND, RLD-TNH, RMD-A, RMD-B, RMD-C, RMD-D, RHD-A, RHD-B, RMD-S, RLD-M, RMD-MH Districts and no others.

(b)

Where the phrase commercial district is used in this Zoning Code, the phrase shall be construed to include the CO, CRO, CN, CCG-1, CCG-2, CCBD, CRO-S, CN-S, CCG-S, CCG-1-M, CCG-2-M, and RO Districts and no others.

(c)

Where the phrase industrial district is used in this Zoning Code, the phrase shall be construed to include the IBP, IL, IH, and IW Districts and no other.

(d)

Provisions of this Zoning Code which apply to residential, commercial, industrial or other districts shall apply to those portions of a Planned Unit Development (PUD) which are devoted to uses permitted in these respective districts, unless specifically provided otherwise in the written description of the intended plan of development.

(Ord. 91-59-148, § 1; Ord. 91-761-410, § 1; Ord. 2008-969-E, § 1; Ord. 2014-279-E, § 1; Ord. 2015-338-E, § 1; Ord. 2017-318-E, § 15)

The residential categories allow for different types of housing such as single-family dwellings, multiple-family dwellings, day care, group homes, foster care, and other congregate living facilities in appropriate locations. Not included are hotels, motels, campgrounds, travel trailer parks for the transient population, and other similar commercial facilities. Also excluded in the residential category are institutional residential facilities, such as jails, prisons, hospitals, dormitories and residential military facilities.

Areas depicted for residential uses on the Future Land Use Maps of the Comprehensive Plan are shown under four residentially dominated plan categories: Rural Residential, Low Density Residential, Medium Density Residential, and High Density Residential. Various housing types, ranging from single-family dwellings at a density of one unit per acre, to multiple-family dwellings at densities of over 20 dwelling units per acre, are allowed as priority uses in the various districts. Achievement of the density ranges of the various categories will only be permitted when full urban services are available to the development site. The maximum density recommended in the various residential categories shall apply to the land included in each development permit requested, whether in single or multiple ownership.

Certain nonresidential uses are also permitted as secondary or supporting uses, subject to the provisions of Part 3. Neighborhood Supporting Recreation and Public/Semi-public Facilities, such as private and public schools, churches, day care centers, utility stations, branch libraries, community centers, utility substations, as well as neighborhood commercial, cultural and conservation uses, may be permitted in appropriate locations. Golf and country clubs and similar supporting uses may be allowed as part of a residential community that is developed subject to a site plan approval.

New neighborhood commercial uses shall not be allowed as secondary/supporting uses where such uses would constitute an intrusion into an existing single-family area.

In order to encourage more compact development patterns, mixed use, planned unit and cluster developments are also allowed.

Not all potential uses are permitted or permissible by exception anywhere in the residential categories. The exact type of land use and the density or intensity appropriate at any one location will be determined using the criteria and standards in this Chapter and in the Locational Criteria and supporting policies of the Future Land Use Element of the Comprehensive Plan.

(Ord. 91-59-148, § 1; Ord. 2002-608-E, § 1; Ord. 2008-969-E, § 1)

This category provides rural estate residential opportunities in the suburban area of the City. Housing developments at a net density range of up to two dwelling units per acre will be allowed when community scale potable water and sewer facilities are available to the site, and one unit per net acre when the site will be served with on-site water and wastewater facilities. Generally, single-family dwellings and mobile homes will be the predominant land uses in this category.

The following primary and secondary zoning districts may be considered in the Rural Residential Category depicted on the Future Land Use Maps of the Comprehensive Plan.

A.

Primary zoning districts. The primary zoning districts shall include the following:

(1)

Residential Rural-Acre (RR-Acre); Section 656.304.

(2)

Residential Low Density-120 (RLD-120); Section 656.305.

(3)

Residential Low Density-100A (RLD-100A); Section 656.305.

This district allows primarily single-family dwellings on large lots in the suburban and rural areas of the City. The district requirements for the Residential Rural-Acre (RR-Acre) and the Residential Low Density (RLD-120 and RLD-100A) Zoning Districts are specified below.

I.

Residential Rural-Acre (RR-Acre) District.

(a)

Permitted uses and structures.

(1)

Single-family dwellings.

(2)

Foster care homes.

(3)

Community residential homes of six or fewer residents meeting the performance standards and development criteria set forth in Part 4.

(4)

Family day care homes meeting the performance standards and development criteria set forth in Part 4.

(5)

Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance standards and development criteria set forth in Part 4.

(6)

Churches, including a rectory or similar use, meeting the performance standards and development criteria set forth in Part 4.

(7)

Golf courses meeting the performance standards and development criteria set forth in Part 4.

(8)

Neighborhood parks, pocket parks, playgrounds or recreational structures which serve or support a neighborhood or several adjacent neighborhoods, meeting the performance standards and development criteria set forth in Part 4.

(9)

Country clubs meeting the performance standards and development criteria set forth in Part 4.

(10)

Animals, other than household pets, meeting the performance standards and development criteria set forth in Part 4.

(11)

Home occupation meeting the performance standards and development criteria set forth in Part 4.

(b)

Permitted accessory uses and structures. See Section 656.403.

(c)

Permissible uses by exception.

(1)

Cemeteries and mausoleums but not funeral homes or mortuaries.

(2)

Schools meeting the performance standards and development criteria set forth in Part 4.

(3)

Excavations, Lakes, and Borrow pits subject to the regulations contained in Part 9.

(4)

Bed and breakfast establishments meeting the performance standards and development criteria set forth in Part 4.

(5)

Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance standards and development criteria set forth in Part 4.

(6)

Day care centers meeting the performance standards and development criteria set forth in Part 4.

(7)

Churches, including a rectory or similar use, meeting the performance standards and development criteria set forth in Part 4.

(8)

Home occupations meeting the performance standards and development criteria set forth in Part 4.

(d)

Minimum lot requirements (width and area). For single-family dwellings and mobile homes, the minimum lot requirements (width and area), except as an otherwise required for certain other uses, are as follows:

(1)

Width—100 feet.

(2)

Area—43,560 square feet.

(e)

Maximum lot coverage by all buildings and structures. 25 percent. Impervious surface ratio as required by Section 654.129.

(f)

Minimum yard requirements. The minimum yard requirements for all permitted or permissible uses and structures are as follows:

(1)

Front—25 feet.

(2)

Side—Ten feet.

(3)

Rear—Ten feet.

(g)

Maximum height of structures. 35 feet.

II.

Residential Low Density-120 (RLD-120) and Residential Low Density-100A (RLD-100A) Districts. The permitted uses and structures, accessory uses and structures, permissible uses by exception, minimum lot and yard requirements, maximum lot coverage, impervious surface ratios, and height of buildings and structures shall be as provided in Section 656.305.

B.

Secondary zoning districts. The following secondary zoning districts may be permitted in the Rural Residential Category as depicted on the Future Land Use Maps of the Comprehensive Plan, subject to the district regulations for same:

(1)

Commercial Office (CO); Section 656.311.

(2)

Commercial Neighborhood (CN); Section 656.312.

(3)

Agriculture (AGR); Section 656.331.

(4)

Public Buildings and Facilities (PBF-1); Section 656.332.

(5)

Public Buildings and Facilities (PBF-2); Section 656.332.

(6)

Conservation (CSV); Section 656.333.

(7)

Planned Unit Development (PUD); Section 656.340.

The aforementioned secondary zoning districts may be permitted provided that the supplemental criteria and standards for same specified in Subpart G, Part 3 are met.

(Ord. 91-59-148, § 1; Ord. 91-761-410, § 1; Ord. 91-761-410, § 1; Ord. 94-340-447, § 2; Ord. 2000-90-E, § 1; Ord. 2002-608-E, § 1; Ord. 2008-969-E, § 1; Ord. 2019-375-E, § 1)

This category includes residential developments in a density range of up to seven dwelling units per acre when full urban services are available. Generally, single-family dwellings will be the predominant land use in this category, although patio homes, townhomes, and multiple-family dwellings may also be permitted in appropriate locations. Minimum lot size shall be one-half acre per dwelling unit when both centralized potable water and wastewater treatment are not available. The lot size may be reduced to one quarter acre per dwelling unit if either one of these services is available. Secondary and supporting nonresidential uses described herein may also be permitted, subject to the criteria set forth in this Section below.

The following primary and secondary zoning districts may be considered in the Low Density Residential Category depicted on the Future Land Use Map series of the Comprehensive Plan.

A.

Primary zoning districts. The primary zoning districts shall include the following:

(1)

Rural Residential-Acre (RR-Acre); Section 656.304.

(2)

Residential Low Density-120 (RLD-120); Section 656.305.

(3)

Residential Low Density-100A (RLD-100A); Section 656.305.

(4)

Residential Low Density-100B (RLD-100B); Section 656.305.

(5)

Residential Low Density-90 (RLD-90); Section 656.305.

(6)

Residential Low Density-80 (RLD-80); Section 656.305.

(7)

Residential Low Density-70 (RLD-70); Section 656.305.

(8)

Residential Low Density-60 (RLD-60); Section 656.305.

(9)

Residential Low Density-50 (RLD-50); Section 656.305.

(10)

Residential Low Density-40 (RLD-40); Section 656.305.

(11)

Residential Low Density-TND (RLD-TND); Section 656.305.

(12)

Residential Low Density-TNH (RLD-TNH); Section 656.305 & Section 656.414.

The Residential Low Density (RLD) zoning districts allow for single-family dwellings at minimum lot sizes permitted in each district as specified below along with certain supporting open space uses, community facilities and utilities described below. The district requirements for the Residential Low Density (RLD-120, RLD-100A, RLD-100B, RLD-90, RLD-80, RLD-70, RLD-60, RLD-50, RLD-40, RLD-TND, RLD-TNH) zoning districts are specified below.

I.

Residential Rural-Acre (RR-Acre) District. The permitted uses and structures, accessory uses and structures, permissible uses by exception, minimum lot and yard requirements, maximum lot coverage, impervious surface ratio, and height of buildings and structures shall be as provided in Section 656.304.

II.

Residential Low Density (RLD) Districts.

(a)

Permitted uses and structures.

(1)

Single-family dwellings.

(2)

Townhomes (RLD-TNH only)

(3)

Foster care homes.

(4)

Family day care homes meeting the performance standards and development criteria set forth in Part 4.

(5)

Community residential homes of six or fewer residents meeting the performance standards and development criteria set forth in Part 4.

(6)

Essential services, including water, sewer, gas, telephone, radio, television and electric meeting the performance standards development criteria set forth in Part 4.

(7)

Churches, including a rectory or similar use, meeting the performance standards and development criteria set forth in Part 4.

(8)

Golf courses meeting the performance standards and development criteria set forth in Part 4.

(9)

Neighborhood parks, pocket parks, playgrounds or recreational structures which serve or support a neighborhood or several adjacent neighborhoods, meeting the performance standards and development criteria set forth in Part 4.

(10)

Country clubs meeting the performance standards and development criteria set forth in Part 4.

(11)

Home occupations meeting the performance standards and development criteria set forth in Part 4.

(b)

Permitted accessory uses and structures. See Section 656.403.

(c)

Permissible uses by exception.

(1)

Cemeteries and mausoleums but not funeral homes or mortuaries.

(2)

Schools meeting the performance standards and development criteria set forth in Part 4.

(3)

Borrow pits subject to the regulations contained in Part 9.

(4)

Bed and breakfast establishments meeting the performance standards and development criteria set forth in Part 4.

(5)

Reserved.

(6)

Essential services, including water, sewer, gas, telephone, radio, television and electric meeting the performance standards and development criteria set forth in Part 4.

(7)

Day care centers meeting the performance standards and development criteria set forth in Part 4.

(8)

Animals other than household pets meeting the performance standards and development criteria set forth in Part 4.

(9)

Churches, including a rectory or similar use, meeting the performance standards and development criteria set forth in Part 4.

(10)

Home occupations meeting the performance standards and development criteria set forth in Part 4.

(d)

Minimum lot requirements (width and area). For single-family dwellings the minimum lot requirements (width and area), except as otherwise required for certain other uses, are as follows:

(1)

Width:

(i)

RLD-120—120 feet.

(ii)

RLD-100A—100 feet.

(iii)

RLD-100B—100 feet.

(iv)

RLD-90—90 feet.

(v)

RLD-80—80 feet.

(vi)

RLD-70—70 feet.

(vii)

RLD-60—60 feet.

(viii)

RLD-50—50 feet.

(ix)

RLD-40—40 feet.

(x)

RLD-TND—40 feet (requires access from an alley, or detached garage located behind the home).

(xi)

RLD-TNH—15 feet; 25 end unit; and See Section 656.414.

(2)

Area:

(i)

RLD-120—43,560 square feet.

(ii)

RLD-100A—21,780 square feet.

(iii)

RLD-100B—14,000 square feet.

(iv)

RLD-90—9,900 square feet.

(v)

RLD-80—8,800 square feet.

(vi)

RLD-70—7,200 square feet.

(vii)

RLD-60—6,000 square feet.

(viii)

RLD-50—5,000 square feet.

(ix)

RLD-40—4,000 square feet.

(x)

RLD-TND—4,000 square feet.

(xi)

RLD-TNH—See Section 656.414.

(e)

Maximum lot coverage by all buildings and structures as listed below. Impervious surface ratios as required by Section 654.129.

(1)

RLD-120—25 percent.

(2)

RLD-100A, RLD-100B—40 percent.

(3)

RLD-90, RLD-80, RLD-70—45 percent.

(4)

RLD-60, RLD-50, RLD-40—50 percent.

(5)

RLD-TND—65 percent.

(f)

Minimum yard requirements. The minimum yard requirements for all uses and structures are as follows; provided, however that unenclosed front porches may extend five feet into the required front yard setback, and side opening garages may extend five feet into the required front yard setback as long as the garage doors do not face the street in the RLD-120, RLD-100A, RLD-100B, RLD-90, RLD-80, RLD-70, RLD-60, RLD-50, and RLD-40 Zoning Districts.

(1)

RLD-120:

(i)

Front—25 feet.

(ii)

Side—7.5 feet.

(iii)

Rear—10 feet.

(2)

RLD-100A:

(i)

Front—25 feet.

(ii)

Side—7.5 feet.

(iii)

Rear—10 feet.

(3)

RLD-100B:

(i)

Front—20 feet.

(ii)

Side—7.5 feet.

(iii)

Rear—10 feet.

(4)

RLD-90:

(i)

Front—20 feet.

(ii)

Side—5 feet.

(iii)

Rear—10 feet.

(5)

RLD-80:

(i)

Front—20 feet.

(ii)

Side—5 feet.

(iii)

Rear—10 feet.

(6)

RLD-70:

(i)

Front—20 feet.

(ii)

Side—5 feet.

(iii)

Rear—10 feet.

(7)

RLD-60:

(i)

Front—20 feet.

(ii)

Side—5 feet.

(iii)

Rear—10 feet.

(8)

RLD-50:

(i)

Front—20 feet.

(ii)

Side—5 feet.

(iii)

Rear—10 feet.

(9)

RLD-40:

(i)

Front—20 feet.

(ii)

Side—3 feet.

(iii)

Rear—10 feet.

(10)

RLD-TND (requires access from an alley or detached garage located behind the home):

(i)

Front—5 to 20 feet.

(ii)

Second Front Yard—10 feet.

(iii)

Side—3 feet.

(iv)

Rear—10 feet.

(11)

RLD-TNH: See Section 656.414.

(g)

Maximum height of structures. 35 feet.

(h)

Minimum open space. The gross density for an RLD Zoning District may not exceed the Land Use Category density. Where individual lot sizes may exceed the Land Use Category density, open space or conservation shall be platted as a separate tract and designated as "open space" on such plat.

B.

Secondary zoning districts. The following secondary zoning districts may be permitted in the Low Density Residential Category as depicted on the Future Land Use Maps of the Comprehensive Plan, subject to the district regulations for same:

(1)

Residential Medium Density-A; Section 656.306.

(2)

Residential Medium Density-B; Section 656.306.

(3)

Commercial Office (CO); Section 656.311.

(4)

Commercial Residential Office (CRO); Section 656.311.

(5)

Commercial Neighborhood (CN); Section 656.312.

(6)

Agriculture (AGR); Section 656.331.

(7)

Public Buildings and Facilities-1 (PBF-1); Section 656.332.

(8)

Public Buildings and Facilities-2 (PBF-2); Section 656.332.

(9)

Conservation (CSV); Section 656.333.

(10)

Planned Unit Development (PUD); Section 656.340.

The aforementioned secondary zoning districts may be permitted provided that the supplemental criteria and standards for same specified in Subpart G, Part 3 are met.

(Ord. 91-59-148, § 1; Ord. 91-635-272, § 1; Ord. 91-761-410, § 1; Ord. 93-1760-1171, § 1; Ord. 2000-90-E, § 2; Ord. 2002-608-E, § 1; Ord. 2008-969-E, § 1; Ord. 2014-279-E, § 1; Ord. 2019-375-E, § 1; Ord. 2022-448-E, § 1)

This category permits residential developments in a gross density range as allowed in the Medium Density Residential Category of the Comprehensive Plan when full urban services are available to the site. Secondary and supporting nonresidential uses described in this category may also be permitted at appropriate locations subject to the performance standards and development criteria set forth in this Section. Medium density residential developments may be sited as transitional uses between single-family and commercial or public/semi-public use areas. Developments with higher densities should be sited in or adjacent to mass transit corridors and stations.

The following primary and secondary zoning districts may be considered in the Medium Density Residential Category depicted on the Future Land Use Maps of the Comprehensive Plan.

A.

Primary zoning districts. The primary zoning districts shall include the following:

(1)

Residential Low Density-60 (RLD-60); Section 656.305.

(2)

Residential Low Density-50 (RLD-50); Section 656.305.

(3)

Residential Low Density-40 (RLD-40); Section 656.305.

(4)

Residential Low Density-TND (RLD-TND); Section 656.305.

(5)

Residential Low Density-TNH (RLD-TNH); Section 656.305 & Section 656.414.

(6)

Residential Medium Density-A (RMD-A); Section 656.306.

(7)

Residential Medium Density-B (RMD-B); Section 656.306.

(8)

Residential Medium Density-C (RMD-C); Section 656.306.

(9)

Residential Medium Density-D (RMD-D); Section 656.306.

(10)

Residential Medium Density-MH (RMD-MH); Section 656.306.

Generally, multiple-family dwellings such as apartments, condominiums, townhomes and rowhouses will be the predominant land use in the Residential Medium Density Districts, although other multiple-family, mobile home parks, single-family and mobile home subdivisions may also be developed in appropriate locations. Certain supporting open space uses, community facilities and utilities also may be permitted.

The district requirements for the Residential Low Density (RLD-60, RLD-50, RLD-40, RLD-TND, RLD-TNH) and the Residential Medium Density (RMD-A, RMD-B, RMD-C, RMD-D, and RMD-MH) zoning districts are specified below.

I.

Residential Low Density-60 (RLD-60), Residential Low Density-50 (RLD-50), Residential Low Density-40 (RLD-40), Residential Low Density-TND (RLD-TND) and Residential Low Density-TNH (RLD-TNH) Districts. The permitted uses and structures, accessory uses and structures, permissible uses by exception, minimum lot and yard requirements, maximum lot coverage, impervious surface ratios, and height of building and structures shall be as provided in Section 656.305.

II.

Residential Medium Density-A (RMD-A), Residential Medium Density-B (RMD-B), Residential Medium Density-C (RMD-C), and Residential Medium Density-D (RMD-D).

(a)

Permitted uses and structures.

(1)

Single-family dwellings.

(2)

Multiple-family dwellings (RMD-B, RMD-C, and RMD-D Districts only).

(3)

Townhomes, subject to Section 656.414.

(4)

Housing for the elderly.

(5)

Family day care homes meeting the performance standards and development criteria set forth in Part 4.

(6)

Foster care homes.

(7)

Community residential homes of six or fewer residents meeting the performance standards and development criteria set forth in Part 4.

(8)

Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance standards and development criteria set forth in Part 4.

(9)

Churches, including a rectory or similar use, meeting the performance standards and development criteria set forth in Part 4.

(10)

Golf courses meeting the performance standards and development criteria set forth in Part 4.

(11)

Parks, playgrounds and playfields or recreational or community structures meeting the performance standards and development criteria set forth in Part 4.

(12)

Country clubs meeting the performance standards and development criteria set forth in Part 4.

(13)

Home occupations meeting the performance standards and development criteria set forth in Part 4.

(14)

Cottages.

(b)

Permitted accessory uses and structures.

(1)

See Section 656.403.

(2)

In connection with multiple-family dwellings, including housing for the elderly, coin-operated laundromats and other vending machine facilities, day care centers, establishments for sale of convenience goods, personal and professional service establishments; provided, however, that these establishments shall be designed and scaled to meet only the requirements of the occupants of these multiple-family dwellings or housing for the elderly and their guests with no signs or other external evidence of the existence of these establishments.

(3)

In connection with housing for the elderly, in projects with a minimum of 150 bedrooms, facilities for the sale of alcoholic beverages to occupants and their guests in accordance with (i) a Special Restaurant Exception beverage license issued pursuant to F.S. Ch. 561, as may be amended from time to time, and (ii) Part 8 of the City's Zoning Code; provided, that there are no signs or other external evidence of the existence of these facilities.

(c)

Permissible uses by exception.

(1)

Cemeteries and mausoleums but not funeral home or mortuaries.

(2)

Schools meeting the performance standards and development criteria set forth in the Part 4.

(3)

Borrow pits subject to the regulations contained in Part 9.

(4)

Bed and breakfast establishments meeting the performance standards and development criteria set forth in Part 4.

(5)

Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance standards and development criteria set forth in Part 4.

(6)

Day care centers meeting the performance standards and development criteria set forth in Part 4.

(7)

Nursing homes.

(8)

Residential treatment facilities.

(9)

Private clubs.

(10)

Commercial Neighborhood Retail Sales and Service or Professional Office structurally integrated with a multi-family use, not exceeding 25% of the structure which it is a part.

(11)

Churches, including a rectory or similar use, meeting the performance standards and development criteria set forth in Part 4.

(12)

Home occupations meeting the performance standards and development criteria set forth in Part 4.

(13)

Emergency shelter homes (RMD-C and RMD-D Districts only).

(14)

Community residential homes of seven to 14 residents meeting the performance standards and development criteria set forth in Part 4.

(15)

Golf driving ranges.

(16)

Boarding houses (RMD-D and RMD-E Districts only).

(17)

Group care homes (RMD-B, RMD-C, RMD-D and RMD-E Districts only).

(d)

Minimum lot requirements (width and area). For single-family dwellings, cottages, mobile homes and multiple-family dwellings, the minimum lot requirements (width and area), except as otherwise required for certain other uses, are as follows:

(1)

Single-family dwellings (RMD-A through RMD-D):

(i)

Width—40 feet.

(ii)

Area—4,000 square feet.

(2)

Cottages (RMD-A through RMD-D):

(i)

Width - 25 feet.

(ii)

Area - 1,500 square feet.

(3)

All other uses:

(i)

Width—60 feet.

(ii)

Area as provided below, or as otherwise required pursuant to the performance standards and development criteria set forth in Part 4:

(A)

RMD-B—6,000 square feet for the first two family units and 2,900 square feet for each additional unit, not to exceed 15 units per acre.

(B)

RMD-C—6,000 square feet for the first two family units and 2,100 square feet for each additional unit, not to exceed 20 units per acre, only where the density requirements of the Comprehensive Plan are met.

(C)

RMD-D—6,000 square feet for the first two family units and 1,340 square feet for each additional unit not to exceed 30 units per acre.

(e)

Maximum lot coverage by all buildings and structures.

(1)

Cottages. 70 percent. 80 percent impervious surface ratio.

(2)

All other uses. 50 percent. Impervious surface ratios as required by Section 654.129.

(f)

Multiple-family dwellings on same lot. A multiple-family dwelling with four units or more that directly faces, or backs up to, another multiple-family dwelling with at least four units shall provide a separation of at least 40 feet.

(g)

Minimum yard requirements.

(1)

Multiple-family dwellings:

(i)

Front—20 feet.

(ii)

Side—Ten feet.

(iii)

Rear—20 feet.

(2)

Multiple-family dwellings with more than one principal structure on the lot:

(i)

Front—20 feet.

(ii)

Side—20 feet.

(iii)

Rear—20 feet.

(3)

Single-family dwellings located on individual lots:

(i)

Front—20 feet.

(ii)

Side—3 feet, or zero lot line provided ten feet on one side between buildings. For existing single family residential uses, zero lot line shall only be permitted through an Administrative Deviation.

(iii)

Rear—Ten feet.

(4)

All other uses:

(i)

Front—20 feet.

(ii)

Side—20 feet.

(iii)

Rear—20 feet.

(5)

Accessory use structures used in conjunction with multiple-family:

(i)

Front—Accessory uses or structures shall not be permitted in a required front yard.

(ii)

Side and rear—Ten feet.

(6)

Cottages:

(i)

Front - 20 feet, or if parking provided in the side yard, then five feet.

(ii)

Side - Three feet, or zero lot line provided nine feet on one side.

(iii)

Rear - Ten feet.

(h)

Maximum height of structures.

(1)

Single-family dwellings, rooming houses, boardinghouses, child care centers, day care centers —35 feet.

(2)

All other uses—45 feet; provided, however, that height may be unlimited where all required yards are increased by one foot for each one feet of building height or fraction thereof in excess of 45 feet.

B.

Secondary zoning districts. The following secondary zoning districts may be permitted in the Medium Density Residential Category as depicted on the Future Land Use Maps of the Comprehensive Plan, subject to the district regulations for same.

(1)

Commercial Office (CO); Section 656.311.

(2)

Commercial, Residential and Office (CRO); Section 656.311.

(3)

Commercial Neighborhood (CN); Section 656.312.

(4)

Agriculture (AGR); Section 656.331.

(5)

Public Buildings and Facilities-1 (PBF-1); Section 656.332.

(6)

Public Buildings and Facilities-2 (PBF-2); Section 656.332.

(7)

Conservation (CSV); Section 656.333.

(8)

Planned Unit Development (PUD); Section 656.340.

The aforementioned secondary zoning districts may be permitted provided that the supplemental criteria and standards for same specified in Subpart G herein are met.

(Ord. 91-59-148, § 1; Ord. 91-761-410, § 1; Ord. 93-1760-1177, § 2; Ord. 94-485-373, § 1; Ord. 94-504-375, § 1; Ord. 94-503-392, § 1; Ord. 2002-608-E, § 1; Ord. 2008-969-E, § 1; Ord. 2014-279-E, § 1; Ord. 2015-95-E, § 1; Ord. 2019-375-E, § 1; Ord. 2021-174-E, § 1; Ord. 2023-347-E, § 1; Ord. 2024-870-E, § 1)

Primary uses in this category include multi-family residential developments at gross densities of 20 to 60 dwelling units per acre. Because of the traffic and other infrastructure impacts such uses generate, high density residential areas must be located in close proximity to an arterial road and be supplied with full urban services in order for development to occur. High density residential areas shall be sited in or adjacent to mass transit corridors and stations. Certain nonresidential uses which may also be permitted in this category include supporting commercial recreational and public buildings and facilities at appropriate locations, subject to the criteria set forth in this Section.

The following primary and secondary zoning districts may be considered in the High Density Residential Category depicted on the Future Land Use Maps series of the Comprehensive Plan.

A.

Primary zoning districts. The primary zoning districts shall include the following:

(1)

Residential Medium Density- D (RMD- D); Section 656.306.

(2)

Residential High Density-A (RHD-A); Section 656.307.

(3)

Residential High Density-B (RHD-B); Section 656.307.

Generally, multiple-family dwellings and mixed use developments will be the predominant land use in this category. Certain supporting open space, recreation use, community facilities and utilities may also be permitted, as are conservation areas.

I.

Residential Medium Density-D (RMD-D) District. The permitted uses and structures, accessory uses and structures, permissible uses by exception, minimum lot and yard requirements, maximum lot coverage, impervious surface ratio, and height of buildings and structures shall be as provided in Section 656.306.

II.

Residential High Density-A (RHD-A) and Residential High Density-B (RHD-B) Districts.

(a)

Permitted uses and structures.

(1)

Multiple-family dwellings.

(2)

Commercial neighborhood retail and service establishments structurally integrated with a multiple-family dwelling not exceeding 25% of the total floor area.

(3)

Professional office uses structurally integrated with a multiple-family dwelling not exceeding 25% of the total floor area.

(4)

Community residential homes of six or fewer residents meeting the performance standards and development criteria set forth in Part 4.

(5)

Housing for the elderly.

(6)

Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance standards and development criteria set forth in Part 4.

(7)

Churches, including a rectory or similar use, meeting the performance standards and development criteria set forth in Part 4.

(8)

Parks, playgrounds and playfields or recreational or community structures meeting the performance standards and development criteria set forth in Part 4.

(9)

Bed and breakfast establishments meeting the performance standards and development criteria set forth in Part 4.

(10)

Home occupations meeting the performance standards and development criteria set forth in Part 4.

(11)

Family day care homes meeting the performance and development criteria set forth in Part 4.

(b)

Permitted accessory uses and structures.

(1)

See Section 656.403.

(2)

In connection with multiple-family dwellings, including housing for the elderly, coin-operated laundromats and other vending machine facilities, day care centers, establishments for sale of convenience goods, personal and professional service establishments; provided, however, that these establishments shall be designed and scaled to meet only the requirements of the occupants of these multiple-family dwellings or housing for the elderly and their guests with no signs or other external evidence of the existence of these establishments.

(c)

Permissible uses by exception.

(1)

Cemeteries and mausoleums but not funeral homes or mortuaries.

(2)

Elementary and secondary schools meeting the performance standards and development criteria set forth in Part 4.

(3)

Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance standards and development criteria set forth in Part 4.

(4)

Nursing homes.

(5)

Residential treatment facilities.

(6)

Private clubs.

(7)

Day care centers meeting the performances standards and development criteria set forth in Part 4.

(8)

Churches, including a rectory or similar use, meeting the performance standards and development criteria set forth in Part 4.

(9)

Home occupations meeting the performance standards and development criteria set forth in Part 4.

(10)

Community residential homes of seven to 14 residents meeting the performance standards and development criteria set forth in Part 4.

(11)

Boarding houses.

(12)

Supporting Commercial Retail Sales and Service Establishments or Supporting Professional Offices uses in conjunction with multi-family.

(d)

Minimum lot requirements (width and area). For all uses, except as otherwise required for certain uses, the minimum lot requirements are as follows:

(1)

RHD-A—1,100 square feet for each family unit, not to exceed 32 units per acre.(2) RHD-B—735 square feet for each family unit, not to exceed 60 units per acre.

(e)

Maximum lot coverage by all buildings and structures as listed below. Impervious surface ratios as required by Section 654.129.

(1)

RHD-A—60 percent.

(2)

RHD-B District—80 percent.

(f)

Minimum yard requirements.

(1)

Multiple-family dwellings on individual lot in RHD-A District:

(i)

Front—20 feet.

(ii)

Side—Ten feet.

(iii)

Rear—20 feet.

(2)

Multiple-family dwellings with more than one principal structure on the lot in RHD-A District:

(i)

Front—20 feet.

(ii)

Side—20 feet.

(iii)

Rear—20 feet.

(3)

Multiple-family dwellings on individual lot or with more than one principal structure on the lot in RHD-B District:

(i)

Permitted uses and structures:

(A)

Front—25 feet.

(B)

Side and rear—40 feet.

(ii)

Accessory use structures used in conjunction with a permitted use:

(A)

Front—Accessory use structures shall not be permitted in front yards as they are established by the location of the principal use structures.

(B)

Side and rear—5 feet.

(4)

All other uses:

(i)

Front—10 feet.

(ii)

Side—Ten feet.

(iii)

Rear—20 feet.

(g)

Height of structures.

(1)

RHD-A District—Maximum height shall be 45 feet; provided, however, that the height may be unlimited where all required yards are increased by one foot for each one foot of building height or fraction thereof in excess of 45 feet.

(2)

RHD-B District—Maximum height shall be 60 feet; provided, however, that the height may be unlimited where all required yards are increased by one foot for each three feet of building height or fraction thereof in excess of 60 feet.

(3)

All other uses and accessory use structures—See Section 656.403.

B.

Secondary zoning districts. The following secondary zoning districts may be permitted in the High Density Residential Category as depicted on the Future Land Use Maps of the Comprehensive Plan, subject to the district regulations for same.

(1)

Commercial Office (CO); Section 656.311.

(2)

Commercial Residential and Office (CRO); Section 656.311.

(3)

Commercial Neighborhood (CN); Section 656.312.

(4)

Commercial Community/General-1 (CCG-1); Section 656.313.

(5)

Public Building and Facilities-1 (PBF-1); Section 656.332.

(6)

Public Building and Facilities-2 (PBF-2); Section 656.332.

(7)

Conservation (CSV); Section 656.333.

(8)

Planned Unit Development (PUD); Section 656.340.

The aforementioned secondary zoning districts may be permitted provided that the supplemental criteria and standards for same specified in Subpart G herein are met.

(Ord. 91-59-148, § 1; Ord. 93-1760-1171, § 3; Ord. 95-868-763, § 1; Ord. 2008-969-E, § 1; Ord. 2019-375-E, § 1)

Commercial categories provide for sales and service activities, such as retail, personal and professional services, offices, hotels, entertainment, and amusement facilities. Commercial recreation and entertainment activities, such as amusement parks and marinas, are also allowed in this category. Multiple-family dwellings, when developed as part of an integrated mixed use project, are also permitted in some categories consistent with the Medium Density Residential and High Density Residential Category regulations and other provisions of Part 3.

Not all potential uses are permissible anywhere in the commercially designated areas. The exact type of land use and the density or intensity appropriate at any one location will be determined using the criteria and standards in this Chapter and in the Operative Provisions of the Future Land Use Element of the Comprehensive Plan.

(Ord. 2007-704-E, § 1)

This mixed use category primarily for office, institutional and medium density residential uses. Large scale institutional uses, which require supporting residential and office components, are permitted, as are office-professional uses, nursing homes, day care centers and related uses when sited in compliance with all applicable development regulations.

The category permits housing and mixed use developments in a gross density range of up to 20 dwelling units per acre when full urban services are available to the site. Generally, multi-family dwellings such as apartments, condominiums, townhomes and rowhouses will be the predominant land use in this category, although cluster and patio home developments, and supporting professional, office and institutional uses may also be developed in appropriate locations. Developments in this category are frequently appropriate transitional uses between residential and nonresidential areas.

The following primary and secondary zoning districts may be considered in the residential professional and institutional category depicted on the Future Land Use Maps of the Comprehensive Plan.

A.

Primary zoning districts. The primary zoning districts shall include the following:

(1)

Residential, Medium Density-D (RMD-D); Section 656.306.

(2)

Commercial Office (CO); Section 656.311.

(3)

Commercial Residential and Office (CRO); Section 656.311.

(4)

Residential Office (RO); Section 656.311.

The commercial office and residential mixed use districts allow for business and professional offices and medium density residential uses of a density of 20 dwelling units per acre.

I.

Residential Medium Density-D (RMD-D). Permitted uses and structures, accessory uses and structures, permissible uses by exception, minimum lot and yard requirements, maximum lot coverage, impervious surface ratio, and height of buildings and structures shall be as provided in Section 656.306.

II.

Commercial Office (CO) District.

(a)

Permitted uses and structures.

(1)

Medical and dental or chiropractor offices (but not clinics or hospitals).

(2)

Professional or business offices.

(3)

Cosmetology and similar uses including facilities for production of eyeglasses, hearing aids, dentures, prosthetic appliances and similar products either in conjunction with a professional service being rendered or in a stand alone structure not exceeding 4,000 square feet.

(4)

Day care centers incidental to a professional office

(5)

Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance standards and development criteria set forth in Part 4.

(6)

Single family dwellings which were originally constructed as single family dwellings.

(b)

Permitted accessory uses and structures. See Section 656.403.

(c)

Permissible uses by exception.

(1)

Day care centers meeting the performance standards and development criteria set forth in Part 4.

(2)

Churches, including a rectory or similar use, meeting the performance standards and development criteria set forth in Part 4.

(3)

Off-Street parking lots meeting the performance standards and development criteria set forth in Part 4.

(d)

Minimum lot requirements (width and area).

(1)

Width—60 feet.

(2)

Area—6,000 square feet (except as otherwise required for certain uses).

(e)

Maximum lot coverage by all buildings and structures. 50 percent. Impervious surface ratio as required by Section 654.129.

(f)

Minimum yard requirements.

(1)

Front—20 feet.

(2)

Side—10 feet.

(3)

Rear—10 feet.

(g)

Maximum height of structures. 35 feet; provided, height may be unlimited where all required side yards are increased one foot for every one foot of building height in excess of 35 feet. No building shall be higher than 35 feet, when located adjacent to a single family use or zoning district.

(h)

Limitations on permitted and permissible uses by exception. Unless otherwise provided, all of the permitted and permissible uses by exception in the CO District are limited by the following conditions:

(1)

No retail sales, display or storage of merchandise shall be permitted.

(2)

No vehicles other than passenger automobiles or trucks of not more than 3/4-ton payload capacity or 5,000 pounds in actual scale weight shall be used in the business operation.

III.

Commercial, Residential and Office (CRO) District.

(a)

Permitted uses and structures.

(1)

Medical and dental office or clinics (but not hospitals).

(2)

Professional and business offices.

(3)

Multiple-family dwellings.

(4)

Single family dwellings.

(5)

Schools meeting the performance standards and development criteria set forth in Part 4.

(6)

Vocational, trade or business schools.

(7)

Colleges and universities.

(8)

Fraternity and sorority houses.

(9)

Churches, including a rectory or similar uses, meeting the performance standards and development criteria set forth in Part 4.

(10)

Parks, playgrounds and playfields or recreational or community structures meeting the performance standards and development criteria set forth in Part 4.

(11)

Adult Congregate Living Facility (but not group care home or residential treatment facility).

(12)

Libraries, museums and community centers.

(13)

Radio and television broadcasting studios and offices (subject to Part 15).

(14)

Banks without drive-through, savings and loan institutions, and similar uses.

(15)

Art galleries, dance, art, gymnastics, fitness centers, martial arts and music studios, and theaters for stage performances (but not motion picture theaters).

(16)

Cosmetology and similar uses including facilities for production of eyeglasses, hearing aids, dentures, prosthetic appliances and similar products either in conjunction with a professional service being rendered or in a stand alone structure not exceeding 4,000 square feet.

(17)

Bed and breakfast establishments meeting the performance standards and development criteria set forth in Part 4.

(18)

Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance standards and development criteria set forth in Part 4.

(19)

Community residential homes of up to six residents meeting the performance standards and development criteria set forth in Part 4.

(20)

Hospice facilities.

(21)

Employment office (but not a day labor pool).

(22)

Cottages, as provided in Section 656.306.

(b)

Limitations on permitted uses. All of the permitted uses in the CRO District are limited by the following conditions unless otherwise provided:

(1)

Retail sales, display or storage of merchandise shall be subordinate and clearly incidental to a permitted use.

(2)

No vehicles, other than passenger automobiles or trucks of not more than three-quarter-ton payload capacity or 5,000 pounds actual scale weight shall be used.

(c)

Permitted accessory uses and structures. See Section 656.403.

(d)

Permissible uses by exception.

(1)

Cemeteries and mausoleums but not funeral homes or mortuaries.

(2)

Residential treatment facilities.

(3)

Off-street parking lots for premises requiring off-street parking meeting the performance standards and development criteria set forth in Part 4.

(4)

Community residential homes of seven to 14 residents meeting the performance standards and development criteria set forth in Part 4.

(5)

Emergency shelter meeting the performance standards and development criteria set forth in Part 4.

(6)

Group care home meeting the performance standards and development criteria set forth in Part 4.

(7)

Essential services meeting the performance standards and development criteria set forth in Part 4.

(8)

Day care centers meeting the performance standards and development criteria set forth in Part 4.

(9)

Home occupations meeting the performance standards and development criteria set forth in Part 4.

(10)

Drive-through facilities in conjunction with a permitted or permissible use or structure.

(11)

Rooming houses.

(12)

Private clubs.

(13)

Churches, including a rectory or similar use, meeting the performance standards and development criteria set forth in Part 4.

(14)

Retail outlets for the sale of food, leather goods and luggage, jewelry (including watch repair but not pawn shops), art, cameras or photographic supplies (including camera repair), sporting goods, hobby shops and pet shops (but not animal kennels), musical instruments, television and radio (including repair incidental to sales), florist or gift shops, delicatessens, bake shops (but not wholesale bakeries), and dry cleaning pickup stations, all not to exceed 50 percent of the gross floor area of the buildings of which they are a part.

(i)

Sale, display and preparation shall be conducted within a completely enclosed building.

(ii)

Products shall be sold only at retail.

(iii)

No sale, display or storage of secondhand merchandise shall be permitted.

(15)

Restaurants, including the facilities for the sale and service of all alcoholic beverages for on-premises consumption only, subject to the following condition:

(i)

Seating shall not exceed a capacity of 60; provided, that seating may be unlimited where total floor area of the restaurant does not exceed ten percent of the gross floor area of the building of which it is a part.

(16)

Pharmacies in existence with a valid exception as of the effective date of Ordinance 2018-75-E shall continue to be legally permitted uses and shall not be deemed legal nonconforming uses.

(e)

Minimum lot requirements (width and area).

(1)

Width:

(i)

Single-family dwellings—50 feet.

(ii)

Multiple-family dwellings—50 feet.

(iii)

All other uses 70 feet (except as otherwise required for certain uses).

(2)

Area:

(i)

Single-family dwellings—5,000 square feet.

(ii)

Multiple-family dwellings—6,000 square feet for the first two family units and 2,100 square feet for each additional unit.

(iii)

All other uses—7,000 square feet (except as otherwise required for certain uses).

(f)

Maximum lot coverage by all buildings and structures. 50 percent. Impervious surface ratio as required by Section 654.129.

(g)

Minimum yard requirements.

(1)

Single-family dwellings:

(i)

Front—20 feet.

(ii)

Side—5 feet; provided that the combined side yards shall be no less than 15 feet.

(iii)

Rear—10 feet.

(2)

Multiple-family dwellings:

(i)

Front—20 feet.

(ii)

Side—10 feet.

(iii)

Rear—20 feet.

(3)

Multiple-family dwellings with more than one principal structure on the lot:

(i)

Front—20 feet.

(ii)

Side—20 feet.

(iii)

Rear—20 feet.

(4)

All other uses:

(i)

Front—20 feet.

(ii)

Side—10 feet.

(iii)

Rear—20 feet.

(h)

Accessory use structure used in conjunction with multi-family structure:

(1)

Front—Accessory use structures shall not be permitted in front yards as they are established by the location of the principal structure.

(2)

Side and rear—5 feet

(i)

Maximum height of structures.

(1)

Single-family dwellings—35 feet.

(2)

Accessory Use Structures—15 feet, provided the structure may be one foot higher for each 3 feet of additional setback up to the height of the primary structure or the structure shall otherwise be required the same setbacks of the primary structure.

(3)

All other uses—45 feet; provided however, that height may be unlimited where all required yards are increased by one foot for every one foot of building height in excess of 45 feet.

IV.

Residential Office (RO) District.

(a)

Permitted uses and structures.

(1)

Professional and business offices.

(2)

Multiple-family dwellings.

(3)

Single family dwellings.

(4)

Parks, playgrounds and playfields or recreational or community structures meeting the performance standards and development criteria set forth in Part 4.

(5)

Bed and breakfast establishments meeting the performance standards and development criteria set forth in Part 4.

(6)

Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance standards and development criteria set forth in Part 4.

(7)

Community residential homes of up to six residents meeting the performance standards and development criteria set forth in Part 4.

(b)

Limitations on permitted uses. All of the permitted uses in the RO District are limited by the following conditions unless otherwise provided:

(1)

Retail sales, display or storage of merchandise shall be subordinate and clearly incidental to a permitted use.

(2)

No vehicles, other than passenger automobiles or trucks of not more than three-quarter-ton payload capacity or 5,000 pounds actual scale weight shall be used.

(c)

Permitted accessory uses and structures. See Section 656.403.

(d)

Permissible uses by exception.

(1)

Libraries and community centers.

(2)

Cemeteries and mausoleums but not funeral homes or mortuaries.

(3)

Medical and dental office or clinics (but not hospitals).

(e)

Minimum lot requirements (width and area).

(1)

Width:

(i)

Single-family dwellings—50 feet.

(ii)

Multiple-family dwellings—50 feet.

(iii)

All other uses—70 feet (except as otherwise required for certain uses).

(2)

Area:

(i)

Single-family dwellings—5,000 square feet.

(ii)

Multiple-family dwellings—6,000 square feet for the first two family units and 2,100 square feet for each additional unit.

(iii)

All other uses—7,000 square feet (except as otherwise required for certain uses).

(f)

Maximum lot coverage by all buildings and structures. 50 percent. Impervious surface ratio as required by Section 654.129.

(g)

Minimum yard requirements.

(1)

Single-family dwellings:

(i)

Front—20 feet.

(ii)

Side—5 feet.

(iii)

Rear—10 feet.

(2)

Multiple-family dwellings:

(i)

Front—20 feet.

(ii)

Side—10 feet.

(iii)

Rear—20 feet.

(3)

Multiple-family dwellings with more than one principal structure on the lot:

(i)

Front—20 feet.

(ii)

Side—20 feet.

(iii)

Rear—20 feet.

(4)

All other uses:

(i)

Front—20 feet.

(ii)

Side—10 feet.

(iii)

Rear—20 feet.

(h)

Accessory use structure used in conjunction with single-family or multi-family structure:

(1)

Front—Accessory use structures shall not be permitted in front yards as they are established by the location of the principal structure.

(2)

Side and rear—1 foot.

(i)

Maximum height of structures.

(1)

Principle structures—35 feet.

(2)

Accessory Use Structures—15 feet, provided the structure may be one foot higher for each 3 feet of additional setback up to the height of the primary structure or the structure shall otherwise be required the same setbacks of the primary structure.

(j)

The requirements set forth above in (e), (f), (g), (h) and (i) for this Residential Office District shall apply unless otherwise provided for in a specific Zoning Overlay.

B.

Secondary zoning districts. The following secondary zoning districts may be permitted in the Residential-Professional Office Category as depicted on the Future Land Use Maps of the Comprehensive Plan, subject to the district regulations for same.

(1)

Residential Low Density-60 (RLD-60); Section 656.305.

(2)

Reserved.

(3)

Residential Medium Density-A (RMD-A); Section 656.306.

(4)

Residential Medium Density-B (RMD-B); Section 656.306.

(5)

Residential Medium Density-C (RMD-C); Section 656.306.

(6)

Residential Medium Density-D (RMD-D); Section 656.306.

(7)

Residential Medium Density-MH (RMD-MH); Section 656.306.

(8)

Agriculture (AGR); Section 656.331.

(9)

Commercial Neighborhood (CN); Section 656.312.

(10)

Public Buildings and Facilities (PBF); Section 656.332.

(11)

Conservation (CSV); Section 656.333.

(12)

Planned Unit Development (PUD); Section 656.340.

The aforementioned secondary zoning districts may be permitted provided that the supplemental criteria and standards for same specified in Subpart G, Part 3 are met.

(Ord. 2007-704-E, § 1; Ord. 2008-969-E, § 4; Ord. 2015-338-E, § 1; Ord. 2018-75-E, § 2; Ord. 2019-375-E, § 1; Ord. 2023-347-E, § 1; Ord. 2024-256-E, § 1)

This category permits retail uses, office commercial uses and services establishments which serve the daily needs of contiguous residential neighborhoods. Neighborhood commercial sites should abut a roadway classified as a collector or higher facility on the adopted Functional Highway Classification Map. Sites with two or more property boundaries on transportation rights-of-way will be considered preferred locations for neighborhood serving uses. Mobile food vehicles which employ an open flame, propane or combustible fuel to prepare food, are prohibited from preparing, distributing or selling food or beverages, or in any other way operating as a food service business, on any property that dispenses gasoline or other flammable petroleum products for commercial sale within 300 feet from the pump or other mechanism that dispenses the gasoline or other flammable petroleum products for commercial sale. This prohibition does not extend to adjacent properties regardless of their distance from the pump or other mechanism that dispenses gasoline or other flammable petroleum products.

The following primary and secondary zoning districts may be considered in the Neighborhood Commercial Category depicted on the Future Land Use Maps of the Comprehensive Plan.

A.

Primary zoning districts. The primary zoning districts shall include the following:

(1)

Commercial Office (CO); Section 656.311.

(2)

Commercial Neighborhood (CN); Section 656.312.

These districts allow neighborhood commercial uses which include convenience goods, personal services, and other low intensity retail and office uses developed in freestanding or shopping center configurations. Normally, such shopping centers will be anchored by a food store and will contain other supporting retail and office uses.

I.

Commercial Office (CO) District. The permitted uses and structures, accessory uses and structures, permissible uses by exception, minimum lot and yard requirements, maximum lot coverage, impervious surface ratio, and height of buildings and structures shall be as provided for in Section 656.311 herein.

II.

Commercial Neighborhood (CN) District.

(a)

Permitted uses and structures.

(1)

Medical and dental or chiropractor offices and clinics (but not hospitals).

(2)

Professional and business offices.

(3)

Multi-family residential vertically integrated with a permitted use on the ground floor.

(4)

Neighborhood retail sales and service establishments, however no individual building footprint shall exceed 40,000 square feet.

(5)

Service establishments such as barber or beauty shops, shoe repair shops.

(6)

Restaurants without drive-in or drive-through facilities.

(7)

Banks without drive-thru tellers and financial institutions, travel agencies and similar uses.

(8)

Libraries, museums and community centers.

(9)

An establishment or facility which includes the retail sale of beer or wine in sealed containers for off-premises consumption.

(10)

Veterinarians meeting the performance standards and development criteria set forth in Part 4.

(11)

Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance standards and development criteria set forth in Part 4.

(12)

Employment office (but not a day labor pool).

(13)

Churches, including a rectory or similar use, meeting the performance standards and development criteria set forth in Part 4.

(14)

Art galleries, dance, art, gymnastics, fitness center, martial arts, music and photography studios, and theaters for stage performances (but not motion picture theaters).

(15)

Pharmacies in existence as of the effective date of Ordinance 2018-75-E shall be legally permitted uses and shall not be deemed legal nonconforming uses.

(b)

Permitted accessory uses and structures. See Section 656.403.

(c)

Permissible uses by exception.

(1)

Off-street parking lots for premises requiring off-street parking meeting the performance standards and development criteria set forth in Part 4.

(2)

Filling or gas stations, with ancillary single bay automated car wash, meeting the performance standards and development criteria set forth in Part 4.

(3)

Retail outlets for sale of used wearing apparel, toys, books, luggage, jewelry, cameras and sporting goods.

(4)

An establishment or facility which includes the retail sale of beer or wine for on-premises consumption.

(5)

An establishment or facility which includes the retail sale and service of all alcoholic beverages including liquor, beer or wine for on-premises consumption.

(6)

Permanent or restricted outside sale and service in conjunction with a restaurant, meeting the performance standards and development criteria set forth in Part 4.

(7)

Drive-thru facilities in conjunction with a permitted or permissible use or structure.

(8)

Day care centers meeting the performance standards and development criteria set forth in Part 4.

(9)

Animal boarding for household pets, meeting the performance standards and development criteria set forth in Part 4.

(10)

Automated Car Washes meeting the performance standards and development criteria set forth in Part 4.

(11)

Auto Laundry, meeting the performance standards and development criteria set forth in Part 4.

(d)

Minimum lot requirements (width and area).

(1)

Minimum lot width—75 feet, except as otherwise required for certain uses.

(2)

Minimum lot area—7,500 square feet, except as otherwise required for certain uses.

(e)

Maximum lot coverage by all buildings and structures. 50 percent. Impervious surface ratio as required by Section 654.129.

(f)

Minimum yard requirements.

(1)

All uses:

(i)

Front—10 feet or, where the lot is adjacent to a residential district the required front yard setback of the residential district, whichever is greater.

(ii)

Side—None.

(iii)

Rear—Ten feet.

(g)

Maximum height of structures. 60 feet, provided the building height shall not exceed 45 feet when adjacent to a single family use of zoning district.

(h)

Limitations on permitted or permissible uses by exception. All of the permitted or permissible uses by exception are subject to the following provisions unless otherwise provided for:

(1)

Sale, display, preparation and storage shall be conducted within a completely enclosed building.

(2)

Products shall be sold only at retail.

B.

Secondary zoning districts. The following secondary zoning districts may be permitted in the Commercial Neighborhood Category as depicted on the Future Land Use Maps of the Comprehensive Plan, subject to the district regulations for same.

(1)

Agriculture (AGR); Section 656.331.

(2)

Public Buildings and Facilities-1 (PBF-1); Section 656.332.

(3)

Public Buildings and Facilities-2 (PBF-2); Section 656.332.

(4)

Conservation (CSV); Section 656.333.

(5)

Commercial Residential Office (CRO); Section 656.311.

(6)

Planned Unit Development (PUD); Section 656.340.

The aforementioned secondary zoning districts may be permitted provided that the supplemental criteria and standards for same specified in Subpart G, Part 3 are met.

(Ord. 2007-704-E, § 1; Ord. 2008-473-E, § 1; Ord. 2013-186-E, § 1; Ord. 2017-701-E, § 1; Ord. 2018-75-E, § 3; Ord. 2019-375-E, § 1; Ord. 2025-159-E, § 2)

This category allows a wide range of retail sales and services including general merchandise, apparel, food and related items. General commercial uses include offices, highway commercial, entertainment and similar other types of commercial developments. Mobile food vehicles which employ an open flame, propane, or combustible fuel to prepare food are prohibited from preparing, distributing or selling food or beverages, or in any other way operating as a food service business, on any property that dispenses gasoline or other flammable petroleum products for commercial sale within 300 feet from the pump or other mechanism that dispenses the gasoline or other flammable petroleum products for commercial sale. This prohibition does not extend to adjacent properties regardless of their distance from the pump or other mechanism that dispenses gasoline or other flammable petroleum products.

The following primary and secondary zoning districts may be considered in the Community/General Commercial Category depicted on the Future Land Use Maps of the Comprehensive Plan.

A.

Primary zoning districts. The primary zoning districts shall include the following:

(1)

Commercial Office (CO); Section 656.311.

(2)

Commercial Residential Office (CRO); Section 656.311.

(3)

Commercial Neighborhood (CN); Section 656.312.

(4)

Commercial Community/General-1 (CCG-1); Section 656.313.

(4)

Commercial Community/General-2 (CCG-2); Section 656.313.

(5)

Public Buildings and Facilities-2 (PBF-2); Section 656.332.

I.

Commercial Office (CO) District. The permitted uses and structures, accessory uses and structures, permissible uses by exception, minimum lot and yard requirements, maximum lot coverage, impervious surface ratio, and height of buildings and structures shall be as provided in Section 656.311.

II.

Commercial Residential Office. The permitted uses and structures, accessory uses and structures, permissible uses by exception, minimum lot and yard requirements, maximum lot coverage, impervious surface ratio, and height of buildings and structures shall be as provided in Section 656.311.

III.

Commercial Neighborhood (CN) District. The permitted uses and structures, accessory uses and structures, permissible uses by exception, minimum lot and yard requirements, maximum lot coverage, impervious surface ratio, and height of buildings and structures shall be as provided in Section 656.312.

IV.

Commercial Community/General-1 (CCG-1) District.

(a)

Permitted uses and structures.

(1)

Commercial retail sales and service establishments

(2)

Banks, including drive-thru tellers, savings and loan institutions, and similar uses.

(3)

Professional and business offices, buildings trades contractors that do not require outside storage or the use of heavy machinery, ditching machines, tractors, bulldozers or other heavy construction equipment and similar uses.

(4)

Hotels and motels.

(5)

Commercial indoor recreational or entertainment facilities such as bowling alleys, swimming pools, indoor skating rinks, movie theaters, indoor facilities operated by a licensed pari-mutuel permitholder, adult arcade amusement centers operated by a licensed permitholder, game promotions or sweepstakes utilizing electronic equipment, meeting the performance standards and development criteria set forth in Part 4, drawings by chance conducted in connection with the sale of a consumer product or service utilizing electronic equipment, meeting the performance standards and development criteria set forth in Part 4, and similar uses.

(6)

Art galleries, museums, community centers, dance, art or music studios.

(7)

Vocational, trade or business schools and similar uses.

(8)

Day care centers or care centers meeting the performance standards and development criteria set forth in Part 4.

(9)

Off-street commercial parking lots meeting the performance standards and criteria set forth in Part 4.

(10)

Adult Congregate Living Facility (but not group care homes or residential treatment facilities).

(11)

An establishment or facility which includes the retail sale and service of beer or wine for off-premises consumption or for on-premises conjunction with a restaurant.

(12)

Retail plant nurseries including outside display, but not on-site mulching or landscape contractors requiring heavy equipment or vehicles in excess of one-ton capacity.

(13)

Express or parcel delivery offices and similar uses (but not freight or truck terminals)

(14)

Veterinarians and animal boarding, subject to the performance standards and development criteria set forth in Part 4.

(15)

Personal property storage establishments meeting the performance development criteria set forth in Part 4.

(16)

Retail outlets for the sale of used wearing apparel, toys, books, luggage, jewelry, cameras, sporting goods, home furnishings and appliances, furniture and similar uses.

(17)

Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance standards and development criteria set forth in Part 4.

(18)

Churches, including a rectory or similar use.

(19)

Outside retail sales of holiday items, subject to the performance standards and development criteria set forth in Part 4.

(20)

Wholesaling or distributorship businesses located within a retail shopping center (but not on an out-parcel or within a stand-alone structure), provided such use is limited to 30 percent of the total gross square footage of the retail shopping center of which the wholesaling use or activity is a part, and further provided there is no warehousing or storage of products not directly associated with the wholesaling or distributorship businesses located on the premises.

(21)

Assembly of components and light manufacturing when in conjunction with a retail sales or service establishment, conducted without outside storage or display.

(22)

Filling or gas stations meeting the performance standards and development criteria set forth in Part 4.

(23)

Dancing entertainment establishments not serving alcohol. This provision shall not supersede any other approvals or requirements for such use found elsewhere in this Chapter or elsewhere in the Ordinance Code.

(24)

Mobile Car Detailing Services and automated car wash facilities meeting the performance standards and development criteria set forth in Part 4.

(25)

Textile Recycling Collection Bins meeting the development criteria and performance standards set forth in Part 4, Section 656.421 (Textile Recycling Bins).

(b)

Permitted accessory uses and structures. See Section 656.403.

(c)

Permissible uses by exception.

(1)

An establishment or facility which includes the retail sale and service of all alcoholic beverages including liquor, beer or wine for on-premises consumption or off-premises consumption or both.

(2)

Permanent or restricted outside sale and service, meeting the performance standards and development criteria set forth in Part 4.

(3)

Residential treatment facilities and emergency shelters.

(4)

Multi-family residential integrated with a permitted use.

(5)

Crematories.

(6)

Service garages for minor or major repairs by a franchised motor vehicle dealer as defined in F.S. § 320.27(1)(c)1.

(7)

Auto laundry or manual car wash.

(8)

Pawn shops (limited to items permitted in the CCG-1 Zoning District and provided that no outside storage or display of products is allowed).

(9)

Recycling collection points meeting the performance standards and development criteria set forth in Part 4.

(10)

Retail sales of new or used automobiles by a franchised motor vehicle dealer as defined in F.S. § 320.27(1)(c)1.

(11)

Blood donor stations, plasma centers and similar uses.

(12)

Private clubs.

(13)

Restaurants with the outside sale and service of food meeting the performance standards and development criteria set forth in Part 4.

(14)

Billiard parlors.

(15)

Service and repair of general appliances and small engines (provided that no outside storage or display of products is allowed).

(16)

Schools meeting the performance standards and development criteria set forth in Part 4.

(17)

Dancing entertainment establishments serving alcohol. This provision shall not supersede any other approvals or requirements for such use found elsewhere in this Chapter or elsewhere in the Ordinance Code.

(18)

Nightclubs.

(19)

Service garages for minor repairs, provided that all work is conducted indoors and no outside storage or display is allowed.

(20)

Indoor gun ranges meeting the performance standards and development criteria set forth in Part 4.

(21)

Sale of new or used tires, meeting the performance standards and development criteria set forth in Part 4.

(22)

Off-street parking lots not adjacent to residential districts or uses, meeting the performance standards and development criteria set forth in Part 4.

(d)

Minimum lot requirements (width and area). None, except as otherwise required for certain uses.

(e)

Maximum lot coverage by all buildings. None, except as otherwise required for certain uses. Impervious surface ratio as required by Section 654.129.

(f)

Minimum yard requirements.

(i)

Front—None.

(ii)

Side—None

Where the lot is adjacent to a residential district, a minimum setback of 15 feet shall be provided.

(iii)

Rear—10 feet.

(g)

Maximum height of structures. Sixty feet.

(h)

Limitations on permitted or permissible uses by exception. All of the permitted and permissible uses by exception in the CCG-1 District are subject to the following provisions unless otherwise provided for:

(1)

Sale, service and display, preparation and storage shall be conducted within a completely enclosed building, unless otherwise provided for, and no more than 30 percent of the floor space shall be devoted to storage.

V.

Commercial Community/General-2 (CCG-2) District.

(a)

Permitted uses and structures.

(1)

Commercial Retail Sales and Service Establishments.

(2)

Retail sales of new or used automobiles, trucks and tractors, mobile homes, boats, pawnshops subject to Part 4, automotive vehicle parts (but not automobile wrecking yards, junkyards or scrap processing yards), heavy machinery and equipment, dairy supplies, feed, fertilizer, plant nurseries, lumber and building supplies and similar products.

(3)

Service stations, truck stops, automated car wash meeting the performance standards and development criteria set forth in Part 4, auto laundry, mobile car detailing services, major automotive repair, car or truck rental, restaurants, laundromat or dry cleaners, veterinarians, animal boarding kennels meeting the performance standards and development criteria set forth in Part 4, pest control, carpenter or cabinet shops, home equipment rentals, job printing or newspapers, radio or television offices and studios, blood donor stations and similar uses.

(4)

Commercial, recreational and entertainment facilities such as carnivals or circuses, theaters (including open-air theaters), skating rinks, athletic complexes, arenas, auditoriums, convention centers, go-cart tracks, driving ranges, indoor and outdoor facilities operated by a licensed pari-mutuel permitholder, adult arcade amusement centers operated by a licensed permitholder, game promotions or sweepstakes utilizing electronic equipment, meeting the performance standards and development criteria set forth in Part 4, drawings by chance conducted in connection with the sale of a consumer product or service utilizing electronic equipment, meeting the performance standards and development criteria set forth in Part 4, and similar uses.

(5)

Fruit, vegetable, poultry or fish markets.

(6)

All types of professional and business offices.

(7)

Reserved.

(8)

Small scale operations including wholesaling, warehousing, storage, distributorship business where the total operation does not require more than 10,000 square feet of floor space, no vehicle is used in excess of one and one-half ton capacity, all merchandise is stored within an enclosed building and no heavy machinery or manufacturing is located on the premises.

(9)

Hotels and motels.

(10)

Day care centers and care centers meeting the performance standards and development criteria set forth in Part 4.

(11)

Hospital, nursing homes, assisted living facilities, group care homes, housing for the elderly or orphans and similar uses.

(12)

Boatyards.

(13)

Racetracks for animals or vehicles.

(14)

Adult entertainment.

(15)

Light manufacturing, processing (including food processing but not slaughterhouse), packaging or fabricating.

(16)

Off-street commercial parking lots meeting the performance standards and development criteria set forth in Part 4.

(17)

Retail outlets for sale of used wearing apparel, toys, books, luggage, jewelry, cameras, sporting goods, home furnishing and appliances, furniture and similar uses.

(18)

Recycling collection points meeting the performance standards and development criteria set forth in Part 4.

(19)

Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance standards and development criteria set forth in Part 4.

(20)

Private clubs.

(21)

Churches, including a rectory or similar use.

(22)

Personal property storage establishments meeting the performance standards and development criteria set forth in Part 4.

(23)

Vocational, trade and business schools.

(24)

Banks, including drive-thru tellers.

(25)

Dancing entertainment establishments not serving alcohol. This provision shall not supersede any other approvals or requirements for such use found elsewhere in this Chapter or elsewhere in the Ordinance Code.

(26)

A restaurant which includes the retail sale and service of all alcoholic beverages including liquor, beer or wine for on-premises consumption.

(27)

An establishment or facility which includes the retail sale of beer or wine for off-premises consumption.

(28)

The sale of new or used tires, meeting the performance standards and development criteria set forth in Part 4.

(29)

Textile Recycling Collection Bins meeting the development criteria and performance standards set forth in Part 4, Section 656.421 (Textile Recycling Bins).

(b)

Permitted accessory uses. See Section 656.403.

(c)

Permissible uses by exception.

(1)

Residential treatment facilities or emergency shelter.

(2)

Rescue missions.

(3)

Day labor pools.

(4)

Crematories.

(5)

An establishment or facility which includes the retail sale and service of all alcoholic beverages including liquor, beer or wine for on-premises consumption.

(6)

Building trades contractors with outside storage yards meeting the performance standards and development criteria set forth in Part 4.

(7)

Travel trailer parks meeting the performance standards and development criteria set forth in Part 4.

(8)

Automobile storage yards.

(9)

Bus, semi-tractor (but not trailer) or truck parking and/or storage.

(10)

Schools meeting the performance standards and development criteria set forth in Part 4.

(11)

Dancing entertainment establishments serving alcohol. This provision shall not supersede any other approvals or requirements for such use found elsewhere in this Chapter or elsewhere in the Ordinance Code.

(12)

Nightclubs.

(13)

An establishment or facility which includes the retail sale of all alcoholic beverages, not in conjunction with a restaurant, including liquor, beer or wine for on-premises consumption or off-premises consumption or both.

(14)

Manual car wash.

(15)

Indoor gun ranges meeting the performance standards and development criteria set forth in Part 4.

(d)

Minimum lot requirements (width and area). None, except as otherwise required for certain uses.

(e)

Maximum lot coverage by all buildings. None, except as otherwise required for certain uses. Impervious surface ratio as required by Section 654.129.

(f)

Minimum yard requirements.

(i)

Front—None.

(ii)

Side—None,

(iii)

Rear—Ten feet.

(iv)

Where the lot is adjacent to a residential district without an intervening street, a minimum yard of 25 feet shall be provided along private property lines adjoining the residential district. No improvements other than landscaping, visual screening or retention may be permitted in the required yard.

(g)

Maximum height of structures. Sixty feet.

VI.

A. Public Buildings and Facilities-2 (PBF-2) District. The permitted uses and structures, accessory uses and structures, permissible uses by exception, minimum lot and yard requirements, maximum lot coverage, impervious surface ratio, and height of buildings and structures shall be as provided in Section 656.332.

B.

Secondary zoning districts. The following secondary zoning districts may be permitted in the Community/General Commercial Category as depicted on the Future Land Use Maps of the Comprehensive Plan, subject to the district regulations for same.

(1)

Industrial Business Park-1 (IBP); Section 656.321.

(2)

Agriculture (AGR); Section 656.331.

(3)

Public Buildings and Facilities-1 (PBF-1); Section 656.332.

(4)

Public Buildings and Facilities-3 (PBF-2); Section 656.332.

(5)

Conservation (CSV); Section 656.333.

(6)

Recreation and Open Space (ROS); Section 656.334.

(7)

Planned Unit Development (PUD); Section 656.340.

The aforementioned secondary zoning districts may be permitted provided that the supplemental criteria and standards for same specified in Subpart G, Part 3 are met.

(Ord. 2007-704-E, § 1; Ord. 2007-1047-E, § 4; Ord. 2010-326-E, § 4; Ord. 2011-643-E, § 1, 10-25-11; Ord. 2015-100-E, § 2; Ord. 2015-782-E, § 2; Ord. 2017-318-E, § 16; Ord. 2017-231-E, § 2; Ord. 2018-75-E, § 4; Ord. 2017-842-E, § 2; Ord. 2018-538-E, § 1; Ord. 2019-375-E, § 1; Ord. 2021-111-E, § 1; Ord. 2021-145-E, § 1; Ord. 2025-159-E, § 2; Ord. 2025-255-E, § 1)

This is a mixed land use category that is coterminous with the jurisdictional area of the Downtown Investment Authority (DIA). The category allows medium to high-density residential (including loft apartments), commercial, industrial, institutional, recreational, and entertainment uses, as well as transportation and communication facilities. Loft apartments consisting of residential units within large, formerly nonresidential buildings converted or partially converted to residential purposes will be permitted throughout the Central Business District Category in the Downtown Overlay Zone. The exact location, distribution, and density/intensity of various types of land use in the DIA's jurisdictional area is guided by the Central Business District Future Land Use Category as described in the Future Land Use Element of the City's adopted Comprehensive Plan, the Business Investment and Development Plan (BID), and the Downtown Overlay Zone and Downtown District Regulations in Sec. 656.361.

The requirements for the Commercial Central Business District zoning district are codified in Subpart H of this Part 3 of the Zoning Code, also referenced as Section 656.361. The following primary and secondary zoning districts may be considered in the Commercial Central Business District Category as depicted on the Future Land Use Maps of the 2030 Comprehensive Plan.

A.

Primary zoning district. Commercial Central Business District (CCBD); Section 656.361.

B.

Secondary zoning district. Planned Unit Development (PUD); Section 656.340.

PUD districts existing as of July 1, 2019 and located in the Central Business District land use category on the Future Land Use Map shall be subject to Subpart H (Downtown Overlay Zone and Downtown District Regulations), also cited as Section 656.361, as amended by Ordinance 2019-196-E, to the extent not inconsistent with the various regulations and performance standards attached to those PUD districts.

(Ord. 2007-704-E, § 1; Ord. 2008-969-E, § 4; Ord. 2011-643-E, § 2; Ord. 2012-364-E, § 10; Ord. 2018-769-E, § 1; Ord. 2020-695-E, § 2)

The industrial categories allow for uses associated with processing, manufacturing, warehousing and distribution operations. Also included are construction and utility maintenance yards and machinery repair shops. In addition, non-industrial supporting uses with similar external impacts are allowed. Such uses include railroad switching yards, truck terminals, bus and train stations, trade and technical training facilities, medical facilities, and utility plants and facilities, including spoil disposal sites, sanitary landfills, recycling centers, air strips, business/professional offices, hotels, motels, restaurants, gas stations and similar supporting commercial uses. Mobile food vehicles which employ an open flame, propane, or combustible fuel to prepare food are prohibited from preparing, distributing or selling food or beverages, or in any other way operating as a food service business, on any property that dispenses gasoline or other flammable petroleum products for commercial sale within 300 feet from the pump or other mechanism that dispenses the gasoline or other flammable petroleum products for commercial sale. This prohibition does not extend to adjacent properties regardless of their distance from the pump or other mechanism that dispenses gasoline or other flammable petroleum products.

The Comprehensive Plan includes four industrial land use categories: Light Industry, Heavy Industry, Water Dependent-Water Related and Business Park. Some industries produce adverse impacts, such as noise, odors, toxic chemicals and wastes, and transportation conflicts and should therefore be isolated away from residential and other low intensity use areas.

Not all potential uses are permissible anywhere in the industrially designated areas. The exact type of land use and the intensity appropriate at any one location will be determined using the criteria and standards in this Chapter and in the Comprehensive Plan.

The loss of industrial lands combined with residential intrusion into established industrial areas has created a need to protect existing strategically located industrial lands for future expansion and economic development. Industrial Sanctuaries are areas of the City that have been identified as being crucial to the long term economic well-being of the City. Existing Sanctuaries include property surrounding the Cecil Commerce Center and port related properties along the St. Johns River and northeast quadrant of the County inside of S.R. 9A. It is the intent of the Comprehensive Plan and Zoning Code to protect these industrial areas from intrusion of non-industrial users. Relaxation of certain site development standards within an Industrial Sanctuary are intended to attract and retain industrial users in these areas.

(Ord. 91-59-148, § 1; Ord. 2007-560-E, § 1; Ord. 2025-159-E, § 3)

This mixed land use category is primarily intended to accommodate low to moderate intensity office and industrial parks, which are generally developed as commercial subdivisions. Land uses permitted in this category include business/professional offices including banks and financial institutions, research and development activities, radio and T.V. studios, light manufacturing, fabrication and assembly, service establishments, major institutions, light industrial, and warehousing uses. Commercial offices comprise 70 to 90 percent of the land area in this category, while service, major institutional and light industrial uses constitute the remaining 10 to 30 percent. A portion of the land area in this category, not to exceed 25 percent, may be devoted to hotels, motels, restaurants, and similar supporting commercial uses.

In addition to the secondary and supporting uses allowed in all industrial categories, communication facilities, utilities, off-street parking lots, vocational trade, technical or industrial schools, private clubs, churches, day care centers, nursing homes and similar other public facilities meeting the performance standards and criteria in the Land development Regulations will also be allowed in this category. The location, type, scale and density/intensity of the supporting and secondary uses shall be compatible with the overall character of the existing, as well as the proposed future development of the area. Residential uses may be allowed within this category including single and multi-family residences, which were originally designed and legally built as single and multi-family residences prior to adoption of the Comprehensive Plan, and newly constructed units, live/work lofts, and other mixed use projects as long as they are outside any airport environ as identified in the Land Development Regulations, outside the Coastal High Hazard Area and within a density range of 1 to 20 units per acre.

Business parks shall be located in areas designated for this category on the FLUMs. The standards as in the Land Development Regulations and the criteria herein only designate locations that may be considered for business parks. Consideration does not guarantee the approval of a particular site for business parks in any given location. Site access to roads classified as arterial or higher on the adopted Highway Functional Classification System Map, which is part of the 2010 Comprehensive Plan, is preferred except for sites located within the Jacksonville DIA's jurisdictional boundaries.

The following primary and secondary zoning districts may be considered in the Business Park Category depicted on the Future Land Use Maps of the Comprehensive Plan.

A.

Primary zoning districts. The primary zoning districts shall include the following:

(1)

Industrial Business Park (IBP); Section 656.321.

The Industrial Business Park District allow business/professional offices, and light industrial uses along with certain supporting commercial, open space, community facilities and utilities.

I.

Industrial Business Park (IBP) District.

(a)

Permitted uses and structures.

(1)

Medical and dental or chiropractor offices and clinics.

(2)

Hospitals.

(3)

Professional offices.

(4)

Business offices.

(5)

Banks (including drive-thru tellers) loan companies, mortgage brokers, stockbrokers and similar financial institutions.

(6)

Union halls.

(7)

Warehousing, wholesaling, distribution and similar uses, and light manufacturing, fabrication, assembling of components, printing and similar uses.

(8)

Manufacturer's agents and display rooms, offices of building trades contractor (not including outside storage or use of a vehicle in excess of one-ton capacity or any equipment, machinery, ditching machines, tractors, bulldozers or other heavy construction equipment).

(9)

Research, dental and medical laboratories, manufacturers of prosthetic appliances, dentures, eyeglasses, hearing aids and similar products.

(10)

Radio or television broadcasting offices or studios subject to Part 15 of the Zoning Code.

(11)

Vocational, technical, business, trade or industrial schools and similar uses.

(12)

Essential services, including water, sewer, gas, telephone, radio and electric, meeting the performance standards and development criteria set forth in Part 4.

(13)

Off-street parking lots for premises requiring off-street parking lots, meeting the performance standards and development criteria set forth in Part 4.

(14)

Textile Recycling Collection Bins meeting the development criteria and performance standards set forth in Part 4, Section 656.421 (Textile Recycling Bins).

(b)

Permitted accessory uses. See Section 656.403.

(c)

Permissible uses by exception.

(1)

Retail sales and service of alcoholic beverages for on-premises consumption, not to exceed 25 percent of the building of which it is a part or 40 seats whichever is greater.

(2)

Day care centers or care centers meeting the performance standards and criteria set forth in Part 4.

(3)

Essential services, including water, sewer, gas, telephone, radio and electric, meeting the performance standards and development criteria set forth in Part 4.

(4)

Churches, including a rectory and similar uses, meeting the performance standards and development criteria set forth in Part 4.

(5)

Retail sales of all types of merchandise, service establishments including restaurants, and the retail sale and service of alcoholic beverages for either on-premises or off-premises consumption or both. The aforementioned shall not exceed 50 percent of the building of which it is a part.

(6)

Animal hospitals, veterinary clinics, animal boarding places, dog parks.

(7)

Outside storage subject to the performance standards and development criteria set forth in Part 4.

(8)

Fitness centers.

(9)

Off-street parking lots not adjacent to residential districts or uses, meeting the performance standards and development criteria set forth in Part 4.

(d)

Minimum lot requirements (width and area).

(1)

Width—100 feet.

(2)

Area—10,000 square feet.

(e)

Maximum lot coverage by all buildings and structures. 65 percent. Impervious surface ratio as required by Section 654.129.

(f)

Minimum yard requirements.

(1)

Front—20 feet.

(2)

Side—10 feet.

(3)

Rear—10 feet.

(g)

Maximum height of structures. 35 feet, provided, however, height may be unlimited where all required yards are increased by one foot for each three feet of building height or fraction thereof in excess of 35 feet.

(h)

Limitations on permitted or permissible uses by exception. All of the permitted and permissible uses by exception in the IBP District are subject to the following unless otherwise provided for:

(1)

They shall be conducted entirely within an enclosed building, except for outside storage approved by exception.

(2)

They shall be provided with off-street loading facilities which are located at the rear or side of the building and visually screened from an abutting public or approved private street.

(3)

Off-street parking shall comply with Part 12 Landscaping Requirements

B.

Secondary zoning districts. The following secondary zoning districts may be permitted in the Business Park Category as depicted on the Future Land Use Maps of the Comprehensive Plan, subject to the district regulations for same.

(1)

Public Buildings and Facilities-1 (PBF-1); Section 656.332.

(2)

Public Buildings and Facilities-2 (PBF-2); Section 656.332.

(3)

Residential Medium Density (RMD-D); Section 656.306.

(4)

Residential High Density (RHD-A); Section 656.307.

(5)

Agriculture (AGR); Section 656.331.

(6)

Conservation (CSV); Section 656.333.

(7)

Planned Unit Development (PUD); Section 656.340.

The aforementioned secondary zoning districts may be permitted, provided that the supplemental criteria and standards for same specified in Subpart G, Part 3 are met.

(Ord. 91-59-148, § 1; Ord. 91-761-410, § 1; Ord. 2007-560-E, § 1; Ord. 2012-364-E, § 10; Ord. 2015-782-E, § 3; Ord. 2017-318-E, § 17; Ord. 2018-75-E, § 5; Ord. 2017-842-E, § 2; Ord. 2019-375-E, § 1; Ord. 2021-145-E, § 2)

This category includes industrial uses which have fewer objectionable impacts such as noise, odor, toxic chemical and wastes. Types of primary uses include light assembly and manufacturing, packaging, processing including scrap processing, manufacturing of paints, enamels and allied products but not the manufacturing of the resins and other components from which such products are made, concrete batching plants, storage/warehousing including bulk storage of liquids, research and development activities, transportation terminals including freight terminals, radio/T.V. studios, transmission and relay towers, yard waste composting, recycling facilities, business/professional offices, medical clinics, veterinarians, vocational/trade schools and building trade contractors. Secondary uses include railroad yards, truck terminals, bus and rail stations, solid waste management facilities including composting and recycling operations, institutional uses, and public facilities such as trade and technical schools, health clinics, fire stations, utility plants, churches and day care centers; commercial, retail and service establishments, broadcasting studios including transmitters, telephone and cellular phone towers, business as well as professional offices including veterinarians, filling stations, restaurants and similar other supporting commercial uses. The location, type, scale and density/intensity of the supporting and secondary uses shall be compatible with the overall character of the existing, as well as the proposed future development of the area. Residential uses allowed within this category may include single and multi-family residences which were originally designed and legally built as single and multi-family residences prior to adoption of the Comprehensive Plan, but shall not permit new residential units except as otherwise provided for in the Land Development Regulations as accessory uses.

Light industrial uses shall be located in areas designated for such use on the FLUMs. The standards in the Land Development Regulations and the criteria herein only designate locations that may be considered for light industrial uses. Consideration does not guarantee the approval of a particular light industrial use in any given location. Site access to roads classified as collectors or higher on the adopted highway functional classification system map, which is part of the 2010 Comprehensive Plan, is preferred except for sites located within the Jacksonville DIA's jurisdictional boundaries.

Light industrial uses serving as complementary or supporting uses serving other primary land use categories may be permitted in mixed use planned unit developments (PUDs) outside the areas depicted for such use on the FLUMs.

The following primary and secondary zoning districts may be considered in the Light Industry Category depicted on the Future Land Use Maps of the Comprehensive Plan.

A.

Primary zoning districts. The primary zoning districts shall include the following:

(1)

Industrial Business Park (IBP); Section 656.321.

(2)

Industrial Light (IL); Section 656.322.

(3)

Public Building and Facilities-2 (PBF-2); Section 656.332.

These districts permit light industrial uses, offices, public facilities and supporting retail commercial uses described below.

I.

Industrial Business Park (IBP) District. The permitted uses and structures, accessory uses and structures, permissible uses by exception, minimum lot and yard requirements, maximum lot coverage, impervious surface ratio, and height of buildings and structures shall be as provided in Section 656.321.

II.

Industrial Light (IL) District.

(a)

Permitted uses and structures.

(1)

Wholesaling, warehousing, storage or distribution establishments (but not concrete batch mixing plants) and similar uses.

(2)

Light manufacturing, processing (including food processing but not slaughterhouse), packaging or fabricating.

(3)

Printing, publishing or similar establishments.

(4)

Business and professional offices.

(5)

Service establishments catering to commerce and industry, including linen supply, laundry and dry cleaning plants, freight movers, communications services, business machine services, hiring and union halls, employment agencies, sign companies.

(6)

Restaurants, (regulated by DBPR - Division of Hotels and Restaurants) including retail sale and service of beer and wine for consumption on premises

(7)

Automobile service stations, major repair garages, mobile car detailing, auto laundry, and automated car wash meeting the performance standards and development criteria set forth in Part 4.

(8)

Vocational, technical, trade or industrial schools and similar uses.

(9)

Medical clinics.

(10)

Freight, bus, trucking, shipping or other transportation terminals, commercial parking lots and garages, truck stops, express offices and terminal facilities and telephone exchanges, repair or installation facilities and similar uses.

(11)

Radio or television broadcasting offices, studios, transmitters, telephone and cellular telephone towers.

(12)

Scrap processing, indoor, clean activity, meeting the performance standards and development criteria set forth in Part 4.

(13)

Bulk storage yards, (but not concrete batch mixing plants) including bulk storage of flammable and combustible products and other products not deemed extremely hazardous may store up to 250,000 gallons (cumulatively). If not stored within a completely enclosed building or structure, the property, site, or outside storage use shall be visually screened by a six-foot fence or wall not less than 95 percent opaque.

(14)

Building trades contractors with outside storage yards and heavy construction equipment if storage, including heavy construction machinery, not within a completely enclosed building or structure, is visually screened by a six-foot fence or wall not less than 95 percent opaque.

(15)

Outdoor storage yards and lots including auto storage yards (but not scrap processing yards or concrete batch mixing plants) if storage is completely enclosed by a six-foot fence or wall not less than 95 percent opaque.

(16)

Retail outlets in conjunction with wholesaling establishments if the area designated for retail sales does not exceed ten percent of the gross floor area of the building of which it is a part.

(17)

Banks, including drive-thru tellers.

(18)

Recycling facilities meeting the performance standards and development criteria set forth in Part 4.

(19)

Retail sales of heavy machinery, farm equipment and building materials including outside display.

(20)

Essential services, including water, sewer, gas, telephone, radio and electric, meeting the performance standards and development criteria set forth in Part 4.

(21)

Veterinarians, animal boarding, and dog parks meeting the performance standards and development criteria set forth in Part 4.

(b)

Permitted accessory uses.

(1)

See Section 656.403.

(2)

Residential facilities (including not more than one mobile home) located on the same premises as an industrial use for the use of watchmen or caretakers whose employment requires residence on the premises.

(c)

Permissible uses by exception.

(1)

An industrial or commercial use which is not otherwise permitted or permissible in this Zoning Code, except the following:

(i)

Acid, chemical, fertilizer or insecticide manufacture or storage.

(ii)

Explosives manufacturing or storage.

(iii)

Paint, oil (including linseed), shellac, turpentine, lacquer or varnish manufacture.

(iv)

Paper and pulp manufacture.

(v)

Petroleum refining.

(vi)

Stockyards or feeding pens and livestock auctions.

(vii)

A use which is potentially dangerous, noxious or offensive to neighboring uses or the public in general by reason of smoke, odor, noise, flare, fumes, gas, vibration, threat of fire or explosion, emission of particulate matter or radiation.

(2)

Recycling facilities and yards meeting the performance standards and development criteria set forth in Part 4.

(3)

Care centers meeting the performance standards and development criteria set forth in Part 4.

(4)

Churches, including a rectory and similar uses, meeting the performance standards and development criteria set forth in Part 4.

(5)

Retail sales and service of all alcoholic beverages for either off-premises consumption or on-premises consumption or both.

(6)

Retail sales including outside display.

(7)

Yard waste composting facility including the mulching process, meeting the performance standards and development criteria set forth in Part 4.

(8)

Indoor facilities operated by a licensed pari-mutuel permitholder, adult arcade amusement centers operated by a licensed permitholder, or game promotions or sweepstakes utilizing electronic equipment, meeting the performance standards and development criteria set forth in Part 4, drawings by chance conducted in connection with the sale of a consumer product or service utilizing electronic equipment, meeting the performance standards and development criteria set forth in Part 4, and similar uses.

(9)

Manual car wash.

(10)

Fitness centers.

(d)

Minimum lot requirements (width and area). None.

(e)

Maximum lot coverage by all buildings. None. Impervious surface ratio as required by Section 654.129.

(f)

Minimum yard requirements. None.

(g)

Maximum height of structures. None.

(h)

Limitations on permitted and permissible uses by exception. All of the permitted and permissible uses by exception in the IL Zoning District, other than outside storage shall be conducted within an enclosed building.

III.

Public Building and Facilities-2 (PBF-2) District. The permitted uses and structures, accessory uses and structures, permissible uses by exception, minimum lot and yard requirements, maximum lot coverage, impervious surface ratio, and height of buildings and structures shall be as provided in Section 656.332.

B.

Secondary zoning districts. The following secondary zoning districts may be permitted in the Light Industrial Category as depicted on the Future Land Use Maps of the Comprehensive Plan, subject to the district regulations for same.

(1)

Commercial Community/General-1 (CCG-1); Section 656.313.

(2)

Commercial Community/General-2 (CCG-2); Section 656.313.

(3)

Public Buildings and Facilities-1 (PBF-1); Section 656.332.

(4)

Agriculture (AGR); Section 656.331.

(5)

Conservation (CSV); Section 656.333.

(6)

Planned Unit Development (PUD); Section 656.340.

The aforementioned secondary zoning districts may be permitted provided that the supplemental criteria and standards for same specified in Subpart G, Part 3 are met.

(Ord. 91-59-148, § 1; Ord. 91-761-410, § 1; Ord. 91-1290-590, § 1; Ord. 2007-560-E, § 1; Ord. 2010-326-E, § 5; Ord. 2012-364-E, § 10; Ord. 2015-100-E, § 3; Ord. 2015-782-E, § 4; Ord. 2017-318-E, § 18; Ord. 2018-75-E, § 6; Ord. 2019-375-E, § 1; Ord. 2024-618-E, § 1)

Heavy industrial uses are generally likely to produce adverse physical and environmental impacts such as noise, land, air and water pollution and transportation conflicts. Accordingly, compatibility of heavy industrial developments with surrounding land uses is a major concern. The type of uses and activities allowed in the Heavy Industrial Category includes mining, heavy manufacturing repair and other uses similar in character along with necessary supporting uses. Heavy industrial land uses must be buffered by other less intense transitional land uses, such as office, light industry or open space, etc., to protect residential and other sensitive land uses, i.e., schools, health care facilities, etc. Heavy industries must be located with convenient access to the transportation network which includes major highways, railroads, airports and port facilities. Site access to roads classified as arterials or higher on the adopted Functional Highway Classification Map of the Comprehensive Plan, is preferred except for sites located within planned industrial parks. Sites with railroad access and frontage on two highways are preferred locations for heavy industrial development.

The following primary and secondary zoning districts may be considered in the Heavy Industrial Category depicted on the Future Land Use Maps of the Comprehensive Plan.

A.

Primary zoning districts. The primary zoning districts shall include the following:

(1)

Industrial Business Park (IBP); Section 656.321.

(2)

Industrial Light (IL); Section 656.322.

(3)

Industrial Heavy (IH); Section 656.323.

(4)

Public Buildings and Facilities-1 (PBF-1); Section 656.232.

(5)

Public Buildings and Facilities-2 (PBF-2); Section 656.232.

Land uses which are allowed within the above districts include mining, heavy manufacturing, repair, fabrication, assembly, packaging, processing and distribution operations. Railroad switching yards, solid waste management facilities, utility plants and similar other uses are also permitted, along with supporting commercial and institutional uses. A detailed description of the uses which are permitted or are permissible by exception in these districts is given below.

I.

Industrial Business Park (IBP) District. The permitted uses and structures, accessory uses and structures, permissible uses by exception, minimum lot and yard requirements, maximum lot coverage, impervious surface ratio, and height of buildings and structures shall be as provided in Section 656.321.

II.

Industrial Light (IL) District. The permitted uses and structures, accessory uses and structures, permissible uses by exception, minimum lot and yard requirements, maximum lot coverage, impervious surface ratio, and height of buildings and structures shall be as provided in Section 656.322.

III.

Industrial Heavy (IH) District.

(a)

Permitted uses and structures.

(1)

An industrial, manufacturing, distribution, storage or wholesaling use which is otherwise lawful, except those uses listed hereunder as being permissible only by exception.

(2)

Railroad switching facilities and repair and storage areas for railway equipment.

(3)

Service establishments catering to commerce and industry, including, linen supply, laundry and dry cleaning plants, freight movers, communications services, business machine services, sign companies, restaurants (including drive-thru restaurants), the retail sale and service of beer and wine, hiring and union halls, employment agencies, and day labor pools.

(4)

Automobile service stations, major repair or service garages, truck stops, mobile car detailing, auto laundry, and automated car washes meeting the performance standards and development criteria set forth in Part 4, and similar uses.

(5)

Freight, trucking, shipping or other transportation terminals.

(6)

Outdoor storage yards and lots including automobile wrecking or storage yards and junkyards (but not scrap processing yards) if storage is completely enclosed by a six-foot fence or wall not less than 95 percent opaque.

(7)

Scrap processing, indoor, clean activity, meeting the performance standards and development criteria set forth in Part 4.

(8)

Bulk storage of flammable liquids, but not refining or processing if storage not within a completely enclosed building or structure is visually screened by a six-foot fence or wall not less than 95 percent solid.

(9)

Trade and technical training facilities.

(10)

All types of professional and business offices.

(11)

Medical and dental offices and medical clinics.

(12)

Establishments for the retail sale of heavy machinery and equipment, boats, farm equipment, machinery supplies, lumber and building supplies and similar uses.

(13)

Concrete batch mixing plants.

(14)

Recycling facilities and yards meeting the performance standards and development criteria set forth in Part 4.

(15)

Essential services, including water, sewer, gas, telephone, radio and electric, meeting the performance standards and development criteria set forth in Part 4.

(16)

Yard waste composting facility including the mulching process, meeting the performance standards and development criteria set forth in Part 4.

(17)

Establishments engaged in the manufacturing of paints, varnishes, lacquers, enamels and shellac, putties, wood fillers and sealers, paint and varnish removers, paint brush cleaners and allied products, but excluding therefrom the manufacturing of the resins and other components from which such products are manufactured.

(18)

Waste tire site, waste tire processing center, or tire recycling, as defined in Rule 62-701, Florida Administrative Code (Solid Waste Management Facilities) and Section 403.717, Florida Statutes (Waste tire and lead-acid battery requirements).

(b)

Permitted accessory uses.

(1)

See Section 656.403.

(2)

Residential facilities (including not more than one mobile home) located on the same premises as an industrial use for the use of watchmen or caretakers whose employment requires residence on the premises.

(c)

The following uses are permitted by right within an Industrial Sanctuary or otherwise permissible by exception.

(1)

Scrap processing, outdoor, unclean activity meeting the performance standards and development criteria set forth in Part 4.

(2)

Facilities for recycling construction demolition debris, meeting the performance standards and development criteria set forth in Part 4.

(3)

Explosives manufacturing or storage.

(4)

Paint, oil (including linseed), shellac, turpentine, lacquer or varnish manufacture.

(5)

Paper and pulp manufacture.

(6)

Petroleum refining.

(7)

Outdoor storage of scrap or processed scrap generated through scrap processing, indoor, clean activity.

(8)

Care centers meeting the performance standards and development criteria set forth in Part 4.

(9)

Construction and demolition recycling facilities.

(10)

Churches, including a rectory and similar uses, meeting the performance standards and development criteria set forth in Part 4.

(11)

Essential services, including water, sewer, gas, telephone, radio and electric, meeting the performance standards and development criteria set forth in Part 4.

(d)

Permissible uses by exception.

(1)

Establishments or facilities which include the retail sale and service of alcoholic beverages for either on-premises or off-premises consumption, or both.

(2)

Commercial retail and service establishments in support of an industrial use.

(3)

Hazardous waste transfer stations, meeting the performance standards and development criteria set forth in Part 4.

(4)

Sanitary landfills and construction and demolition debris landfills meeting the performance standards and development criteria set forth in Part 4.

(5)

Mining.

(6)

Automobile service stations, major repair or service garages, truck stops, manual car wash, and similar uses.

(e)

Minimum lot requirements (width and area). None.

(f)

Maximum lot coverage by all buildings. None. Impervious surface ratio as required by Section 654.129.

(g)

Minimum yard requirements. None.

(h)

Maximum height of structures. None.

(i)

Limitations on permitted or permissible uses by exception. All of the permitted and permissible uses by exception in the IH District are subject to the provision that noise levels from an activity shall not exceed 75 dbA at a point where the district adjoins a commercial district and 65 dbA at a point where the district adjoins a residential district.

IV.

Public Buildings and Facilities (PBF) Districts. The permitted uses and structures, accessory uses and structures, permissible uses by exception, minimum lot and yard requirements, maximum lot coverage, impervious surface ratio, and height of buildings and structures shall be as provided in Section 656.332.

B.

Secondary zoning districts. The following secondary zoning districts may be permitted in the Heavy Industrial Category as depicted on the Future Land Use Maps of the Comprehensive Plan, subject to the district regulations for same.

(1)

Commercial Community/General-1 (CCG-1); Section 656.313.

(2)

Commercial Community/General-2 (CCG-2); Section 656.313.

(3)

Agriculture (AGR); Section 656.331.

(4)

Conservation (CSV); Section 656.333.

(5)

Planned Unit Development (PUD); Section 656.340.

The aforementioned secondary zoning districts may be permitted provided that the supplemental criteria and standards for same specified in Subpart G, Part 3 are met.

(Ord. 91-59-148, § 1; Ord. 91-761-410, § 1; Ord. 91-1290-590, § 2; Ord. 92-955-674, § 5; Ord. 94-450-275, § 1; Ord. 94-436-709, § 1; Ord. 2007-560-E, § 1; Ord. 2009-872-E, § 1; Ord. 2015-100-E, § 3; Ord. 2017-231-E, § 3; Ord. 2019-375-E, § 1)

This mixed use category is intended primarily for land uses that require deep water access to the St. Johns River. The primary purpose of the category is to protect and support orderly expansion of the Port of Jacksonville. Major uses allowed in this land use category, therefore, include ports, harbors, industrial docks, related transportation, storage and similar other uses. Other water dependent uses, which may not be related to the port such as utility plants, water related recreation facilities, and fishing villages along with supporting commercial and public facilities are also permissible activities in appropriate locations.

The following primary and secondary zoning districts may be considered in the land use category depicted on the Future Land Use Maps of the Comprehensive Plan.

A.

Primary zoning districts. The primary zoning districts shall include the following:

(1)

Industrial Water (IW) District; Section 656.324.

Ports, harbors, industrial docks and ancillary/accessory uses such as railroad yards, storage and distribution facilities are the primary land uses in industrial water district. Nonmanufacturing, storage, processing, transportation, dredge disposal and other similar uses, which are related to and support the port are also permitted, even though they may not require deep water access. All the uses permitted in these districts are described below.

I.

Industrial Water (IW) District.

(a)

Permitted uses and structures.

(1)

Piers, docks and wharves.

(2)

Terminals for freight or passengers arriving or departing by ship.

(3)

Facilities for construction, maintenance and repair of vessels.

(4)

Ship supply establishments and facilities.

(5)

Wholesale and retail establishments dealing primarily in bulk materials delivered by ship and railroad or by ship and truck in combination.

(6)

Military installations, other than residential.

(7)

Heliports.

(8)

Radio, television and telephone transmission and relay stations and towers.

(9)

Hiring halls and other places of assembly for registration for or assignment of employment primarily related to uses within the district.

(10)

Uses which are directly related to port activities such as:

(i)

Freight, trucking, shipping or other transportation terminals.

(ii)

Distribution centers, packaging and crating operations.

(iii)

Offices.

(iv)

Warehousing and storage, including open storage but not bulk storage of flammable liquids.

(v)

Manufacturing and processing.

(vi)

Service activities such as commercial parking lots or garages, restaurants (including drive-in or drive-thru restaurants), including the retail sales and service of beer and wine and clinics in connection with industrial activities.

(vii)

Scrap processing, indoor, clean, meeting the performance standards and development criteria set forth in Part 4.

(viii)

Bulk storage of flammable liquids, but not refining or processing.

(11)

Dredge disposal.

(12)

Essential services, including water, sewer, gas, telephone, radio and electric, meeting the performance standards and development criteria set forth in Part 4.

(b)

Permitted accessory uses.

(1)

See Section 656.403.

(2)

Residential facilities (including not more than one mobile home) located on the same premises as an industrial use for the use of watchmen or caretakers whose employment requires residence on the premises.

(c)

The following uses are permitted by right within an Industrial Sanctuary or otherwise permissible by exception.

(1)

A commercial or industrial use that can be demonstrated to be directly related to port activities, including retail sale and service of alcoholic beverages for either on-premises consumption or off-premises consumption, or both, not otherwise provided for.

(2)

Outdoor storage of scrap or processed scrap generated through scrap processing.

(3)

Utility plants.

(4)

Water-related recreation facilities.

(5)

Commercial Marinas.

(6)

Churches, including a rectory and similar uses, meeting the performance standards and development criteria set forth in Part 4.

(7)

Essential services, including water, sewer, gas, telephone, radio and electric, meeting the performance standards and development criteria set forth in Part 4.

(d)

Minimum lot requirements (width and area). None.

(e)

Minimum lot coverage by all building. None. Impervious surface ratio as required by Section 654.129.

(f)

Minimum yard requirements. None.

(g)

Maximum height of structures. None.

(h)

Limitations on permitted or permissible uses by exception. All of the permitted and permissible uses by exception in the IW District are subject to the provision that noise levels from an activity shall not exceed 75 dbA at a point where the lot adjoins a commercial district and 65 dbA at a point where the district adjoins a residential district.

B.

Secondary zoning districts. The following secondary zoning districts may be permitted in the Water Dependent-Water Related Category as depicted on the Future Land Use Map series of the Comprehensive Plan, subject to the district regulations for same.

(1)

Public Buildings and Facilities-1 (PBF-1); Section 656.332.

(2)

Public Buildings and Facilities-2 (PBF-2); Section 656.332.

(3)

Agriculture (AGR); Section 656.331.

(4)

Reserved.

(5)

Conservation (CSV); Section 656.333.

(6)

Planned Unit Development (PUD); Section 656.340.

The aforementioned secondary zoning, districts may be permitted, provided that the supplemental criteria and standards for same specified in Subpart G, Part 3 are met.

(Ord. 91-59-148, § 1; Ord. 91-761-410, § 1; Ord. 91-1290-590, § 3; Ord. 2007-560-E, § 1; Ord. 2019-375-E, § 1)

This is a broad grouping of several land use categories which provide for community facilities, utilities, outdoor recreation and nonurban activities including natural preservation.

Four plan categories are included in this Subpart: Public Buildings and Facilities, Recreation and Open Space, Agriculture and Conservation. There are no subcategories within any of these land use categories. Each category permits the primary and secondary uses/activities described in this Subpart. The range of uses allowed in the various categories vary widely from nature preserves and farm lands to power plants, airports and waste management facilities. Many uses permitted in various land use categories in Subpart E are also allowed as secondary or supporting uses in land use categories described in Subparts B, C and D of this Part 3.

Not all potential uses are permissible anywhere in the area designated for a land use category depicted on the Future Land Use Maps of the Comprehensive Plan. The exact type of land use and the density or intensity appropriate at any one location will be determined using the criteria and standards in this Chapter and the Comprehensive Plan.

(Ord. 91-59-148, § 1)

The primary activities allowed in this category are agriculture and related uses. Resource-based activities allowed in this category are agriculture and related uses that do not attract spin-off urban development or may not be a desirable activity in the urbanized area because of external impacts on adjacent lands are also allowed. Full urban services and facilities will not be provided by the City and are not required for the other uses in the Agriculture Land Use Category. The following primary and secondary zoning districts may be considered in the Agriculture Category depicted on the Future Land Use Maps of the Comprehensive Plan.

A.

Primary zoning districts. The primary zoning districts shall include the following:

(1)

Agriculture (AGR); Section 656.331.

(2)

Public Buildings and Facilities-2 (PBF-2); Section 656.332.

These districts allow agriculture and related uses such as farming, horticulture, forestry and logging, storage, processing and wholesale distribution of farm supplies and products and resource dependent uses such as conservation, recreation, and mining and single-family homes, mobile homes and supporting public facilities. Natural conservation areas are also permitted.

I.

Agriculture (AGR) District.

(a)

Permitted uses and structures.

(1)

Agricultural, horticultural and forestry uses, including the keeping and raising of farm animals and poultry, if structures for animals and poultry are not located within 25 feet of a property line and if goats, sheep or swine are not kept or permitted within 200 feet of a property line.

(2)

Dude ranches, riding academies, or boarding stables, if structures for the housing of animals are not located within 100 feet of a property line, private camps, country clubs, golf courses, parks, camping grounds and recreational areas and travel trailer parks.

(3)

Game preserves, wildlife management areas, fish hatcheries and refuges.

(4)

Bird sanctuaries meeting the performance standards and development criteria set forth in Part 4.

(5)

Watersheds, water reservoirs, control structures and wells.

(6)

Essential services, including water, sewer, gas, telephone, radio and electric, meeting the performance standards and development criteria set forth in Part 4.

(7)

Roadside stands only for the sale of agricultural products grown on the premises.

(8)

Barns, greenhouses, stables and other uses customarily accessory to agricultural, horticultural or forestry activities.

(9)

Land application of grade I domestic sludge when applied utilizing a splash pan or equivalent device approved by the Director of the Duval County Health Department, and when applied pursuant to the requirements of F.A.C. 17-7.540(4), as may be amended or renumbered from time to time, is considered to be a normal accessory use in conjunction with a permitted farming operation subject to no more than six dry tons being applied per acre per year.

(10)

Land application of grade II domestic sludge and mixtures of grade I and grade II domestic sludge, when applied utilizing a splash pan or equivalent device approved by the Director of the Duval County Health Department is considered to be a normal accessory use in conjunction with a permitted farming operation. Application rates shall be those specified in the permit required under Section 474.103.

(11)

Animal hospitals, veterinary clinics, animal boarding places and dog kennels located on an individual and separate lot, provided all yards, area, frontage and other requirements of the Zoning Code are met for each structure within the zoning district of which it is a part, and fur farms, provided that no structures for the housing of animals shall be located within 200 feet of a property line unless in a soundproof building.

(12)

Marinas meeting the siting criteria of the Conservation/Coastal Management Element.

(13)

Cemeteries and mausoleums.

(14)

Single-family dwellings or mobile homes as follows:

(i)

One dwelling unit (d.u.) per 100 acres of land for lots of record of 640 acres (section) or more in size.

(ii)

One dwelling unit (d.u.) per 40 acres of land area for lots of record of 160 acres (one-quarter section) up to but not including 640 acres (section) in size.

(iii)

One dwelling unit (d.u.) per ten acres of land area for lots of record of 40 acres and up to but not exceeding 160 acres.

(iv)

One dwelling unit (d.u.) per two and one-half acres of land for lots of record up to but not including 40 acres.

(v)

Family homestead partitions for construction of single-family dwellings or mobile home(s), shall be permitted on a conforming lot for occupation by immediate family member(s).

(15)

Home occupation meeting the performance standards and development criteria set forth in Part 4.

(b)

Permitted accessory uses and structures.

(1)

See Section 656.403.

(2)

Temporary housing of farm labor on the premises of agricultural activities requiring this labor.

(c)

Permissible uses by exception.

(1)

Radio or television transmitters, antenna and line-of-sight relay devices.

(2)

Airports, airparks, airstrips and airfields.

(3)

Class II or Class III sanitary landfills and construction and demolition debris landfills or recycling facility only in conjunction with an aforementioned use; provided, however, that such landfills and recycling facilities must meet the performance standards and development criteria set forth in Part 4.

(4)

Poultry and animal slaughtering and dressing and livestock auction facilities.

(5)

Rifle, shotgun or pistol shooting ranges, field archery ranges, golf driving ranges and par-three golf courses.

(6)

Race tracks for animals or vehicles.

(7)

Columbariums and crematories.

(8)

Sludge disposal or utilization site.

(9)

Truck stops.

(10)

Bed and breakfast establishments meeting the performance standards and development criteria set forth in Part 4.

(11)

Churches, including a rectory and similar uses, meeting the performance standards and development criteria set forth in Part 4.

(12)

Home occupations meeting the performance standards and development criteria set forth in Part 4.

(13)

Essential services, including water, sewer, gas, telephone, radio and electric, meeting the performance standards and development criteria set forth in Part 4.

(14)

Borrow pits, subject to the regulations contained in Part 9.

(15)

Sale and service of alcoholic beverages for on-premises or off-premises consumption in conjunction with a permitted or permissible use.

(16)

Sawmills.

(17)

Bait and tackle shops, commercial hunting or fishing camps.

(18)

Yard waste composting facility including the mulching process, meeting the performance standards and development criteria set forth in Part 4.

(19)

School buses meeting the performance standards and development criteria set forth in Part 4.

(20)

Retail outlets for live plants, fresh fruits and vegetables grown on premises, feed, fertilizer and other farm supplies. Retail outlets for live plants, fresh fruits and vegetables shall not be on lots or parcels having road frontage of less than 200 feet.

(21)

Day care centers meeting the performance standards and development criteria set forth in Part 4.

(d)

Minimum lot requirements (width and area) for all uses are as follows except as may be herein modified herein by specific use performance standards and development criteria, or for residential uses.

(1)

Width—100 feet.

(2)

Area—Two and one-half acres.

(e)

Maximum lot coverage by all buildings. Ten percent. Impervious surface ratio as required by Section 654.129.

(f)

Minimum yard requirements.

(1)

Front—25 feet.

(2)

Side—Ten feet, provided, that the combined side yards shall not be less than 25 feet.

(3)

Rear—Ten feet.

(g)

Maximum height of structures. 35 feet.

II.

Public Building and Facilities-2 (PBF-2). The permitted uses and structures, accessory uses and structures, permissible uses by exception, minimum lot and yard requirements, maximum lot coverage, impervious surface ratio, and height of buildings and structures shall be as provided in Section 656.332.

B.

Secondary zoning districts. The following secondary zoning districts may be permitted in the Agriculture Category, as depicted on the Future Land Use Maps of the Comprehensive Plan, subject to the district regulations for same.

(1)

Public Buildings and Facilities-1 (PBF-1); Section 656.332.

(2)

Public Buildings and Facilities-3 (PBF-3); Section 656.332.

(3)

Conservation (CSV); Section 656.333.

(4)

Planned Unit Development (PUD); Section 656.340.

The aforementioned secondary zoning districts may be permitted provided that the supplemental criteria and standards for same specified in Subpart G, Part 3 are met.

(Ord. 91-59-148, § 1; Ord. 91-1290-590, § 4; Ord. 92-433-486, § 1; Ord. 94-340-447, § 3; Ord. 96-640-402, § 1; Ord. 2008-513-E, § 1; Ord. 2015-782-E, § 5; Ord. 2018-75-E, § 7; Ord. 2019-375-E, § 1)

This is a broad land use category that depicts major public use or community service activities. Uses include all types of public facilities; i.e., institutional, communication and utilities, and transportation. With the exception of utility substations and other similar nontrip generation uses, community and regional serving public/semi-public sites should abut a roadway classified as a collector or higher facility on the adopted Functional Highway Classification Map of the Comprehensive Plan.

The following primary and secondary zoning districts may be considered in the Public Buildings and Facilities Category depicted on the Future Land Use Maps of the Comprehensive Plan.

A.

Primary zoning districts. The primary zoning districts shall include the following:

(1)

Public Building and Facilities-1 (PBF-1); Section 656.332.

(2)

Public Building and Facilities-2 (PBF-2); Section 656.332.

(3)

Public Building and Facilities-3 (PBF-3); Section 656.332.

These districts allow uses and activities that provide community service functions such as public buildings and grounds, schools, colleges and universities, criminal justice facilities, military installations, public/private institutions, major public utilities, and transportation facilities as described below.

It is the intent of this Zoning Code that all lands which are owned or leased by federal, State or local governments and are used for a purpose which is particularly and peculiarly related to governmental functions shall be located in a PBF-1 District. Any lawful government activity is permitted upon the lands without restriction so long as the title to the land is vested in or leased by the government and provided such use is consistent with the Comprehensive Plan. However, public housing shall not be considered a purpose which is particularly and peculiarly related to governmental functions, and need not be located in a PBF-1 District, so long as such housing is located in a zoning district which would otherwise permit such housing.

I.

Public Building and Facilities-1 (PBF-1) District.

(a)

Permitted uses and structures. All lawful government uses, except those governmental uses listed hereunder as being permissible only by exception and further provided such uses are consistent with the Comprehensive Plan. This includes collection bins for textile recycling meeting the development criteria and performance standards set forth in Part 4, Section 656.421 (Textile Recycling Bins). This provision shall not preclude essential services meeting the performance standards and development criteria set forth in Part 4 herein from being also located in residential, commercial, industrial and other zoning districts which specifically provide for the same.

(b)

Permissible uses by exception.

(1)

Essential services, including water, sewer, gas, telephone, radio and electric, meeting the performance standards and development criteria set forth in Part 4.

(2)

Solid waste management facilities.

(3)

Any government use structure containing more than 40,000 square feet.

(4)

Any government use structures containing more than one principal structure on a lot.

(c)

Minimum lot requirements (width and area). None.

(d)

Minimum yard requirements. None.

(e)

Maximum height of structures. None.

(f)

Impervious surface ratio as required by Section 654.129.

II.

Public Buildings and Facilities-2 (PBF-2) District.

(a)

Permitted uses and structures.

(1)

Institutions, including middle and secondary schools, colleges and universities.

(2)

Private clubs.

(3)

Art galleries, libraries, museums and community centers.

(4)

Homes for the aged or orphans, including professional offices associated therewith, and similar uses.

(5)

Parks, playgrounds and playfields or recreational or community structures meeting the performance standards and development criteria set forth in Part 4.

(6)

Churches, including a rectory or similar uses, meeting the performance standards and development criteria set forth in Part 4.

(7)

Nursing homes.

(8)

Essential services, including water, sewer, gas, telephone, radio and electric, meeting the performance standards and development criteria set forth in Part 4.

(9)

Hospitals, including professional offices, medical clinics and pharmacies, associated therewith.

(10)

Cemeteries.

(11)

Hospice facilities.

(12)

Collection bins for textile recycling meeting the development criteria and performance standards set forth in Part 4, Section 656.421 (Textile Recycling Bins).

(b)

Permitted accessory uses and structures. See Section 656.403.

(c)

Permissible uses by exception.

(1)

Communication facilities.

(2)

Private utilities.

(3)

Care centers meeting the performance standards and development criteria set forth in Part 4.

(4)

Essential services, including water, sewer, gas, telephone, radio and electric, meeting the performance standards and development criteria set forth in Part 4.

(5)

Sale and service of alcoholic beverages for on-premises or off-premises consumption in conjunction with a permitted of permissible use by exception.

(6)

Churches, including a rectory or similar uses, meeting the performance standards and development criteria set forth in Part 4.

(7)

Off-street parking lots meeting the performance standards and development criteria set forth in Part 4.

(8)

Homeless center.

(d)

Minimum lot requirements (width and area).

(1)

Width—70 feet.

(2)

Area—7,000 square feet.

(e)

Minimum yard requirements.

(1)

Front—20 feet.

(2)

Side—Ten feet.

(3)

Rear—Ten feet.

(f)

Maximum height of structures. 35 feet; provided, that height may be unlimited where all required yards are increased by one foot for each three feet of building height or fraction thereof in excess of 35 feet.

(g)

Maximum lot coverage by all buildings. 35 percent. Impervious surface ratio as required by Section 654.129.

III.

Public Buildings and Facilities-3 (PBF-3) District.

(a)

Permitted uses and structures.

(1)

Institutions, including middle and secondary schools, colleges and universities.

(2)

Private clubs.

(3)

Art galleries, libraries, museums and community centers.

(4)

Homes for the aged or orphans and similar uses.

(5)

Parks, playgrounds and playfields or recreational or community structures meeting the performance standards and development criteria set forth in Part 4.

(6)

Churches, including a rectory or similar uses, meeting the performance standards and development criteria set forth in Part 4.

(7)

Nursing homes.

(8)

Communication facilities.

(9)

Group care homes meeting the performance standards and development criteria set forth in Part 4.

(10)

Hospitals, professional offices, medical clinics and pharmacies, associated therewith.

(11)

Essential services, including water, sewer, gas, telephone, radio and electric, meeting the performance standards and development criteria set forth in Part 4.

(12)

Public transportation terminals such as airports and bus or train stations including normal uses customarily associated therewith including gift or curio shops, service establishments such as auto rental and travel agencies, barber or beauty shops, retail sales and service of alcoholic beverages for either on- or off-premise consumption, professional and business offices, wholesaling, warehousing, distribution and freight terminals, light manufacturing and fabricating, aeronautical schools, golf courses, agricultural, horticultural and forestry uses, aircraft maintenance and restoration facilities, and similar uses.

(13)

Cemeteries.

(14)

Hospice facilities.

(15)

Collection bins for textile recycling meeting the development criteria and performance standards set forth in Part 4, Section 656.421 (Textile Recycling Bins).

(b)

Permitted accessory uses and structures. See Section 656.403.

(c)

Permissible uses by exception.

(1)

Private utilities.

(2)

Sanitary landfills and construction and demolition debris landfills meeting the performance standards and development criteria set forth in Part 4.

(3)

Care centers meeting the performance standards and development criteria set forth in Part 4.

(4)

Criminal justice facilities.

(5)

Ball parks, stadiums and arenas, etc.

(6)

Essential services, including water, sewer, gas, telephone, radio and electric, meeting the performance standards and development criteria set forth in Part 4.

(7)

Reserved.

(8)

Military installations.

(9)

Sale and service of alcoholic beverages for on-premises or off-premises consumption in conjunction with a permitted or permissible use by exception.

(10)

Churches, including a rectory or similar uses, meeting the performance standards and development criteria set forth in Part 4.

(11)

Off-street parking lots meeting the performance standards and development criteria set forth in Part 4.

(12)

Yard waste composting including the mulching process, meeting the performance standards and development criteria set forth in Part 4.

(13)

Uses which are directly related to a permitted or permissible use by exception in the PBF-3 District, such as:

(i)

Hotels or motels.

(ii)

Golf courses.

(iii)

Service stations.

(iv)

Restaurants.

(v)

Car rental agencies.

(vi)

Fire stations.

(vii)

Warehousing.

(d)

Minimum lot requirements (width and area).

(1)

Width—100 feet.

(2)

Area—10,000 square feet.

(e)

Minimum yard requirements.

(1)

Front—20 feet.

(2)

Side—Ten feet.

(3)

Rear—Ten feet.

(f)

Maximum height of structures. 35 feet; provided, however, that height maybe unlimited where all required yards are increased by one foot for each three feet of building height or fraction thereof in excess of 35 feet.

(g)

Maximum lot coverage by all buildings. 60 percent. Impervious surface ratio as required by Section 654.129.

B.

Secondary zoning district. The following secondary zoning districts may be permitted in the Public Buildings and Facilities Category as depicted on the Future Land Use Maps of the Comprehensive Plan, subject to the district regulations for same.

(1)

Agriculture (AGR); Section 656.331.

(2)

Conservation (CSV); Section 656.333.

(3)

Planned Unit Development (PUD); Section 656.340.

The aforementioned secondary zoning districts may be permitted provided that the supplemental criteria and standards for same specified in Subpart G, Part 3 are met.

(Ord. 91-59-148, § 1; Ord. 91-761-410, § 1; Ord. 91-1290-590, § 5; Ord. 92-955-674, § 6; Ord. 93-1968-1157, § 1; Ord. 94-697-395, § 1; Ord. 94-968-555, § 1; Ord. 98-1018-E, § 1; Ord. 2017-842-E, § 2; Ord. 2019-375-E, § 1)

Conservation lands are areas with valuable environmental resources, such as sensitive vegetation, high value habitat, wetlands, high aquifer recharge potential, and unique coastal areas. The conservation areas depicted on the Future Land Use Maps of the Comprehensive Plan include resource systems which are highly sensitive and easily destroyed by indiscriminate human activity and therefore, are protected through public or private ownership and management. Conservation areas include regional, State or national forests, parks, sanctuaries and preserves.

The following primary and secondary zoning districts may be considered in the Conservation Category depicted on the Future Land Use Maps of the Comprehensive Plan.

A.

Primary zoning district. The primary zoning districts shall include the following:

(1)

Conservation (CSV); Section 656.333.

The district allows uses which are consistent with the primary purpose of preserving the natural habitat, resources and functions of the areas designed for conservation on the Future Land Use Maps. Use potential of these areas is limited to natural open space, resource protection and limited recreation as described below.

I.

Conservation (CSV) Districts.

(a)

Permitted uses and structures.

(1)

Regional, State or national forests, parks, sanctuaries and preserves.

(2)

Special management areas.

(3)

Public and private wildlife management areas.

(4)

Valuable environmental resources, such as sensitive vegetation, high-value habitat, wetlands, high aquifer recharge potential, and unique coastal areas.

(5)

Essential services, including water, sewer, gas, telephone, radio and electric, meeting the performance standards and development criteria set forth in Part 4.

(b)

Permitted accessory uses and structures. See Section 656.403.

(c)

Minimum lot requirements. None.

(d)

Minimum yard requirements. None.

(e)

Maximum height of structures. None.

(f)

Impervious surface ratio as required by Section 654.129.

B.

Secondary zoning districts. The following secondary zoning districts may be permitted in the Conservation Category as depicted on the Future Land Use Map of the Comprehensive Plan, subject to the district regulations for same.

(1)

Recreation and Open Space (ROS); Section 656.334.

(2)

Agriculture (AGR); Section 656.331.

(3)

Planned Unit Development (PUD); Section 656.340.

The aforementioned secondary zoning districts may be permitted provided that the supplemental criteria and standards for same specified is Subpart G, Part 3 are met.

(Ord. 91-59-148, § 1; Ord. 91-761-410, § 1; Ord. 2019-375-E, § 1)

Cross reference— Conservation and historic preservation, Tit. VII.

This category includes lands used for activities that are associated with outdoor recreation in public and/or private ownership. Pastoral open space managed by the Recreation and Parks Department is also included.

The following primary and secondary zoning districts may be considered in the Recreation and Open Space Category depicted on the Future Land Use Maps of the Comprehensive Plan.

A.

Primary zoning district. The primary zoning district shall include the following:

Recreation and Open Space (ROS); Section 656.334.

These districts allow outdoor recreation uses such as parks, playgrounds, golf courses, driving ranges, marinas, and spectator sports facilities. Public open space, developed or undeveloped, is also allowed, as are natural preservation areas which need to be protected.

I.

Recreation and Open Space (ROS) District.

(a)

Permitted uses and structures.

(1)

Dude ranches, riding academies or boarding stables, if structures for the housing of animals are not located within 100 feet of a property line.

(2)

Private camps, camping grounds, parks and recreational areas and travel trailer parks.

(3)

Playgrounds and playfields.

(4)

Country clubs, private clubs and golf courses meeting the performance standards and development criteria set forth in Part 4.

(5)

Rifle, shotgun or pistol shooting ranges, field archery ranges, golf driving ranges and par-three golf courses.

(6)

Marina, bait and tackle shops, commercial hunting or fishing camps.

(7)

Fairgrounds.

(8)

Open space, including natural vegetation/landscaping, water-bodies, etc.

(9)

Essential services, including water, sewer, gas, telephone, radio and electric, meeting the performance standards and development criteria set forth in Part 4.

(b)

Permitted accessory uses and structures. See Section 656.403.

(c)

Permissible uses by exception.

(1)

Sale and service of alcoholic beverages for on-premises or off-premises consumption in conjunction with a permitted or permissible use by exception.

(2)

Race tracks for animals or vehicles.

(3)

Ball parks, stadiums and arenas, etc.

(4)

Essential services, including water, sewer, gas, telephone, radio and electric, meeting the performance standards and development criteria set forth in Part 4.

(d)

Minimum lot requirement (width and area). The minimum lot requirement (width and area) for all uses is:

(1)

Width—100 feet.

(2)

Area—65,340 square feet.

(e)

Maximum lot coverage by all buildings. Ten percent. Impervious surface ratio as required by Section 654.129.

(f)

Minimum yard requirements. The minimum yard requirements for all uses and structures are:

(1)

Front—25 feet.

(2)

Side—25 feet.

(3)

Rear—25 feet.

(g)

Minimum height of structures. 35 feet.

B.

Secondary zoning districts. The following secondary zoning districts may be permitted in the Recreation and Open Space Category as depicted on the Future Land Use Maps of the Comprehensive Plan, subject to the district regulations for same.

(1)

Public Buildings and Facilities-1 (PBF-1); Section 656.332.

(2)

Agriculture (AGR); Section 656.331.

(3)

Conservation (CSV); Section 656.333.

(4)

Planned Unit Development (PUD); Section 656.340.

The aforementioned secondary zoning districts may be permitted provided that the supplemental criteria and standards for same specified in Subpart G, Part 3 are met.

(Ord. 91-59-148, § 1; Ord. 91-761-410, § 1; Ord. 2011-732-E; Ord. 2019-375-E, § 1)

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

It is the intent and purpose of this district that Planned Unit Developments, both large scale, which consists of five acres or more, and small scale, which consists of less than five acres, be utilized to create living environments that are responsive to the needs of their inhabitants; to provide flexibility in planning, design and development; to encourage innovative approaches to the design of community environments; to encourage the fulfillment of housing needs appropriate to various lifestyles and income levels; to encourage the integration of different housing types within a development; provide an opportunity for new approaches to ownership; to provide for an efficient use of land; to provide an environment compatible with surrounding land use; to adapt the zoning process to changes in construction and development technology; to encourage the preservation of the natural site features; to provide community environments that are so designed and located as to be an integral part of the total ecosystem; to encourage the design of communities and structures adapted to the local climate; thereby promoting the public health, safety, morals, order, comfort, convenience, appearance, prosperity, and general welfare of the City of Jacksonville. It is further intended that the Planned Unit Development district may be utilized to implement the Comprehensive Plan. It is not the intent to utilize the Planned Unit Development district solely to diminish the usual application of the provisions of the Zoning Code. The Planned Unit Development district process shall not be used to discriminate against or otherwise violate civil rights of the existing or future residents, users or occupants of the PUD. The rights of people with disabilities to access and use housing in the form of dwelling units, community residential homes or group homes shall not be more restrictive in a PUD than in equivalent conventional zoning districts. In addition, within a PUD, mobile food vehicles which employ an open flame, propane or combustible fuel to prepare food, are prohibited from preparing, distributing or selling food or beverages, or in any other way operating as a food service business, on any property that dispenses gasoline or other flammable petroleum products for commercial sale within 300 feet from the pump or other mechanism that dispenses the gasoline or other flammable petroleum products for commercial sale. This prohibition does not extend to adjacent properties regardless of their distance from the pump or other mechanism that dispenses gasoline or other flammable petroleum products.

(Ord. 91-59-148, § 1; Ord. 92-2017-1458, § 7; Ord. 2016-367-E, § 1; Ord. 2017-36-E, § 3; Ord. 2025-159-E, § 4)

(a)

Pre-application conference. Prior to the preparation of an application for rezoning to the Planned Unit Development district, each applicant should meet with the Planning and Development Department and other affected and/or interested City departments, where applicable, regional and State agencies, representatives of adjacent municipalities and counties, as deemed necessary by the Department, in connection with the preparation of an Application for Rezoning to the Planned Unit Development district. For properties located within the Downtown Overlay Zone, as defined in Section 656.361.2, a pre-application conference with the staff of the Downtown Investment Authority is mandatory prior to the preparation of an application for rezoning to the Planned Unit Development district. The general outlines of the proposal, evidenced schematically by site plan(s) and a written description of the intended plan of development, sufficient for the understanding of the proposed development, should be provided by the applicant for consideration at such meeting(s), before the filing of such an application for rezoning. The purpose of the pre-application conference shall be to assist in bringing the overall application as consistent as possible into conformity with these and other regulations, to define specifically those variations from the usual application of the provisions of the Zoning Code, and to furnish the applicant with recommendations that would inform and assist with the preparation of the components of an application for rezoning to the Planned Unit Development district.

(b)

Authorization to file an application for rezoning to planned unit development district. All applications for rezoning to the Planned Unit Development district, including applications for minor modifications thereto, shall be submitted to the Planning and Development Department prior to filing. The Department shall verify that the application is complete and sufficient for review, including any specific requirements from the pre-application conference, prior to filing.

(c)

Required exhibits for an application for rezoning to planned unit development.

(1)

An application for rezoning to the Planned Unit Development district shall proceed in general as other applications for rezoning and in addition to the information usually required for such applications, a commitment by all owners within the boundaries of the proposed Planned Unit Development which requires the following:

(i)

To proceed with the development in accordance with the site plan(s), written description of the intended plan of development and any condition(s) set forth by the Council in the ordinance which approves the Planned Unit Development district; and

(ii)

To bind their successors in title to proceed with the development according to subsection (c)(1)(i) of this Section.

(2)

An application for rezoning to the Planned Unit Development district shall in addition to the aforementioned, be accompanied by the following, in sufficient copies as deemed necessary by the Planning and Development Department for referrals and recommendations:

(i)

Site plan(s), map(s), and drawing(s), or other graphic documents of the proposed Planned Unit Development depicted at an appropriate scale as determined by the Department, shall indicate the following, unless, for good cause described in writing and filed in the PUD application file, it is determined by the Department that such exhibits are not necessary for review of the same:

(A)

The existing site characteristics including any significant variations of elevations, water course(s), unique natural features, and natural vegetation.

(B)

The location of all land uses by acreage, density including the number of dwelling units, intensity, and/or nonresidential floor area of such uses. A legend including the following applicable information shall be provided as part of the site plan(s) in accordance with the following format:

(C)

The existing and proposed vehicular circulation system, pedestrian circulation system and points of ingress and egress to the development, including rights-of-way and paving widths. In addition, all existing and proposed rights-of-way, driveways and median openings (if any) within 660 feet of the proposed development.

(D)

Site plan(s), map(s), drawing(s), traffic studies and/or other studies and reports, as may be by the Department.

All of the aforereferenced required exhibits may be required by the Department in order to make the findings, determinations and recommendations. Additional information as needed may be required by the Department during the review.

(E)

A small scale Planned Unit Development, in addition to the aforementioned required exhibits, as determined by the Department, may be detailed to the point of the site plan(s) providing the building layout, elevations and/or other details related to site design for the proposed development consistent with the written description of the intended plan of development.

(ii)

A written description of the intended plan of development shall be submitted to the Department clearly describing all of the following:

(A)

Permitted uses and structures, permitted accessory uses and structures, permissible uses by exception, minimum lot requirements (width/area), maximum lot coverage by all buildings and structures, impervious surface ratios as required by Section 654.129, minimum and/or maximum yard requirements, maximum height of structures and any limitations on permitted and/or permissible uses by exceptions.

(B)

A description of specifically how the proposed Planned Unit Development differs from the usual application of the provisions of the Zoning Code, including but not limited to any departures from the requirements of the following Parts: Supplementary Regulations; Off-Street Parking Regulations; Nonconforming Lots, Uses and Structures; Alcoholic Beverages; Excavations, Lakes and Borrow Pits; Regulations related to Airports and Lands Adjacent Thereto; Adult Entertainment and Service Facilities; Landscape and Tree Protection Regulations, and Sign Regulations. Any deviation or waiver of Zoning Code requirements proposed in an application, including any applicable zoning overlay, and any subdivision regulations, design standards or other requirements shall be identified in a separate enumerated section of the written description with an explanation given as to why each deviation or waiver is necessary. Failure of the applicant to disclose any deviations or waivers requested in this manner shall mean that the normal applicable Zoning Code provisions, zoning overlay, subdivision regulations, design standards or other requirements shall apply.

(C)

The name of the project and the names of the professional project planners(s), architect(s), engineer(s), developer(s) and quantitative data as follows: size in acres of the total development; total number of dwelling units and/or nonresidential floor area or both; total amount of recreation and/or open space; amount of public and/or private rights-of-way, and the proposed land coverage of all buildings and structures.

(D)

A schedule indicating the approximate date(s) when construction of the phases within the proposed Planned Unit Development are to be initiated and completed.

(E)

A written statement of the intent for the continued operation and maintenance of those areas and functions described herein and facilities which are not to be provided, operated, or maintained by the City. This information shall include a statement made by the developer or land owner identifying what legal entity shall be obligated to maintain common areas, landscaping, parking or other shared areas of the Planned Unit Development. The establishment of the legal entity shall be made prior to the completion of any phase of development, certificate of occupancy, and prior to any modification requested of the Planned Unit Development. Evidence of the establishment of the legal entity shall be submitted along with initial permit requests to the Building Inspection Division.

(F)

A written statement, accompanied by a drawing if needed, to indicate how the Planned Unit Development conforms to any zoning overlay within which it may be located, and any departures, if allowed by the overlay.

All required and supplementary data, exhibits, information, site plan(s), etc. submitted as part of an application for rezoning to Planned Unit Development district, including any additional data, exhibits, information, site plan(s), etc. and amendments thereto, shall be clearly identified by title, name, date, exhibit and/or other notation acceptable to the Planning and Development Department.

(d)

Criteria for review. In evaluation and consideration of an application for rezoning to the Planned Unit Development district, the Planning and Development Department, Planning Commission (or, in the case of properties located within the Downtown Overlay Zone, as defined in Section 656.361.2, the Downtown Development Review Board) and the City Council including the appropriate committee thereof shall evaluate and consider the following criteria in addition to the criteria set forth in Section 656.125, Ordinance Code:

(1)

Consistency with the Comprehensive Plan. No Planned Unit Development may be approved unless it is consistent with the Comprehensive Plan.

(2)

Consistency with the Concurrency Management System. The established levels of service standards adopted in the Comprehensive Plan.

(3)

Allocation of residential land use. That any residential land use in an application for rezoning to the Planned Unit Development district shall not exceed the projected holding capacity reflected in the background data and analysis contained within the Future Land Use Element of the Comprehensive Plan.

(4)

Internal compatibility. All land uses proposed within a proposed Planned Unit Development should be compatible with other proposed uses and not have any undue adverse impact on any neighboring use. An evaluation of the internal compatibility of a proposed Planned Unit Development shall be based on the following factors:

(i)

The streetscape;

(ii)

The existence or absence of, and the location of, open spaces, plazas, recreational areas and common areas;

(iii)

The use of existing and proposed landscaping;

(iv)

The treatment of pedestrian ways;

(v)

Focal points and vistas;

(vi)

The use of the topography, physical environment and other natural features;

(vii)

Traffic and pedestrian circulation pattern;

(viii)

The use and variety of building setback lines, separations and buffering;

(ix)

The use and variety of building groupings;

(x)

The use and variety of building sizes and architectural styles;

(xi)

The use and variety of materials;

(xii)

The separation and buffering of vehicular use areas and Sections of vehicular use areas;

(xiii)

The variety and design of dwelling types;

(xiv)

The particular land uses proposed and the conditions and limitations thereon;

(xv)

The form of ownership proposed for various uses;

(xvi)

Compatible relationship between land uses in a mixed use project; and

(xvii)

Any other factor deemed relevant to privacy, safety, preservation, protection or welfare of any use within the proposed Planned Unit Development.

(5)

External compatibility. All land uses within a proposed Planned Unit Development should be compatible with existing and planned uses of properties surrounding the proposed Planned Unit Development and not have any avoidable or undue adverse impact on existing or planned surrounding uses. An evaluation of the external compatibility of a proposed Planned Unit Development shall be based on the following factors:

(i)

Those areas of the proposed Planned Unit Development located on or near its perimeter and the conditions and limitations thereon;

(ii)

The type, number and location of surrounding external uses;

(iii)

The Comprehensive Plan and existing zoning on surrounding lands; and

(iv)

Any other factor deemed relevant to the privacy, safety, preservation, protection or welfare of lands surrounding the proposed Planned Unit Development which includes any existing or planned use of such lands.

(6)

Intensity of development. The residential density and intensity of use of a proposed Planned Unit Development should be compatible with and have no undue adverse impact upon the physical and environmental characteristics of the site and surrounding lands. The permitted residential density and intensity of use in a proposed Planned Unit Development may be adjusted in consideration of the following factors:

(i)

The locations of various proposed uses within the proposed Planned Unit Development and the degree of compatibility of such uses with each other and with surrounding uses;

(ii)

The amount and type of protection provided for the safety, habitability and privacy of land uses both internal and external to the proposed Planned Unit Development;

(iii)

The existing residential density and intensity of use of surrounding lands;

(iv)

The availability and location of utility services and public facilities and services;

(v)

The amount and size of open spaces, plazas, common areas and recreation areas;

(vi)

The use of energy-saving techniques and devices, including sun and wind orientation;

(vii)

The existence and treatment of any environmental hazards to the proposed Planned Unit Development property or surrounding lands;

(viii)

The access to and suitability of transportation arteries within the proposed Planned Unit Development and existing external transportation systems and arteries; and

(ix)

Any other factor deemed relevant to the limitation of the intensity of development for the benefit of the public health, welfare and safety.

(7)

Usable open spaces, plazas, recreation areas. Usable open spaces, plazas and recreation areas provided within a proposed Planned Unit Development shall be evaluated based on conformance with the policies of the Comprehensive Plan and the sufficiency of such areas to provide appropriate recreational opportunities, protect sensitive environmental areas, conserve areas of unique beauty or historical significance, provide structure to neighborhood design, and encourage compatible and cooperative relationships between adjoining land uses.

(8)

Impact on wetlands. Development within a proposed Planned Unit Development shall be consistent with the limitations specified within the wetland categories as defined in the Comprehensive Plan; i.e., Saltwater Marshes, Riverine/Estuarine Wetlands, and All Other Wetlands.

(9)

Listed species regulations. Development within a proposed Planned Unit Development may be subject to a listed species survey as required by the Comprehensive Plan.

(10)

Off-Street parking including loading and unloading areas. Sufficient off-street parking, including loading and unloading areas for vehicles, including bicycles shall be provided.

(11)

Sidewalks, trails, and bikeways. The design of a proposed Planned Unit Development should incorporate appropriate pedestrian and bicycle accessways so as to provide for a variety of movement opportunities.

(e)

Enactment of the ordinance for a planned unit development. Following the public hearings, as required for all applications for rezoning, the City Council may enact an ordinance, which clearly identifies and/or lists all data, exhibits, information, site plan(s), etc. being approved as part of the Planned Unit Development district, establishing a Planned Unit Development district including any conditions related thereto, based upon findings that the Planned Unit Development district will accomplish the objectives and meet the standards of the district and is consistent with the Comprehensive Plan. Any monetary contributions shall be conditions listed in the ordinance and the conditions shall contain a minimum dollar amount for such contribution, the timing of the payment, the Department responsible for accepting the payment, and the Department who will be assigned the payment, including the appropriate revenue account number for the payment. Any nonmonetary contributions, including but not limited to recreation facilities, shall be conditions listed in the ordinance and the conditions shall contain a minimum value of such nonmonetary contribution.

Development within a Planned Unit Development district shall proceed substantially in accordance with the site plan(s), written description of the intended plan of development and any conditions set forth by the City Council in the ordinance which approves the Planned Unit Development district.

(f)

No Planned Unit Development shall be approved to allow a deviation from any use, design element or any other requirement placed on a property by an applicable zoning overlay. A waiver of this prohibition 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 of the City Council.

(g)

Modifications to a Planned Unit Development district. An amendment to an approved Planned Unit Development district may be accomplished through either an Administrative Modification, Minor Modification, or by filing an application for rezoning, meeting criteria as herein described.

(1)

Administrative modifications. In order to facilitate deviations to an approved Planned Unit Development district, the Director of Planning and Development may authorize administrative modifications which comply with the following criteria:

(i)

There is no change in the approved land use(s) including the amount, configuration and location thereof, no increase in the number of dwelling units or amount of nonresidential floor area, or any associated characteristics of any use.

(ii)

Driveways and/or streets are located in the same general location, are the same or fewer number originally approved, perform the same general function and maintain the same public and/or private rights therein.

(iii)

There is no change of any specific dimension or setback depicted on the site plan(s) or in the written description of the intended plan of development.

(iv)

There is no change to any condition(s) set forth by the City Council in the ordinance which approved the Planned Unit Development district.

The Director is authorized to promulgate the rules and procedures necessary to implement an Administrative Modification. Additionally, the Director shall transmit a copy of any request for Administrative Modification to any District Council Member within five days of receipt, for the District Council Member's review and comment. The District Council Member may provide written comments to the Planning and Development Department regarding the applicability of the Administrative Modification criteria contained herein within the time frame established for the Department's review of the request for Administrative Modification.

For purposes of this subsection, for administrative modifications for properties located within the Downtown Overlay Zone, as defined in Section 656.361.2, all references to "Director of Planning and Development" or "Planning and Development Department" shall mean the Downtown Development Review Board.

(2)

Minor modifications. In order to facilitate minor modifications to an approved Planned Unit Development district, the Planning Commission may authorize minor modifications which comply with the following criteria:

(i)

That there is no change in the approved permitted use(s), including the amount and general location thereof and no movement or relocation of specific uses on or along the perimeter of the site, no increase in the number of dwelling units or amount of nonresidential floor area, or any associated characteristics of any use.

(ii)

Driveways and/or streets do not significantly alter the general distribution of traffic or modify the public or private rights therein. Any changes to the traffic or pedestrian circulation pattern resulting from the proposed changes in the application for minor modification to the Planned Unit Development must maintain the external compatibility requirements of Section 656.341(d). If the locations of entrances or driveways to the Planned Unit Development were the subject of staff recommendations, or were modified by submission of a revised site plan or revised written description at the time of adoption of the Planned Unit Development or any major modification thereof, no change in such locations shall be allowed by minor modification.

(iii)

There is no change to any condition(s) set forth by the City Council in the ordinance which approved the Planned Unit Development district.

(iv)

That a compatible relationship between land uses within the Planned Unit Development and with land uses adjoining the Planned Unit Development district are maintained with the proposed changes in the application for minor modification to the Planned Unit Development, through the use of buffers, fencing and other landscaping requirements. External compatibility requirements of Section 656.341(d) must be maintained. If the location, width, height, material or other similar characteristics of any perimeter boundary buffers, fencing, screening or setbacks were the subject of staff recommendations, or were modified by submission of a revised site plan or revised written description at the time of adoption of the Planned Unit Development or any major modification thereof, no change in such locations shall be allowed by minor modification.

(v)

That a compatible relationship between land uses within the Planned Unit Development and with land uses adjoining the Planned Unit Development district are maintained with the proposed changes in the application for minor modification to the Planned Unit Development, through the use of lot sizes and height of structures along the perimeter boundaries of the Planned United Development. External compatibility requirements of Section 656.341(d) must be maintained. If the lot sizes or height of any perimeter boundary buffers were the subject of staff recommendations, or were modified by submission of a revised site plan or revised written description at the time of adoption of the Planned Unit Development or any major modification thereof, no change in such locations shall be allowed by minor modification.

The Planning Commission is authorized to promulgate the rules and procedures necessary to implement a minor modification. Additionally, the Director shall transmit a copy of any request for Minor Modification to any District Council Member within five days of receipt, for the District Council Member's review and comment. The District Council Member may provide written comments to the Planning and Development Department regarding the applicability of the Minor Modification criteria contained herein within the time frame established for the Department's review of the request for Minor Modification.

Minor modifications to an approved Planned Unit Development district shall be advertised and noticed in a manner prescribed herein:

Notice of the time and place of the public hearing which is required to be held by this Section with respect to each minor modification shall be posted at least 14 days in advance of the scheduled public hearing by United States mail to all owners of real property within 350 of the boundaries of the land upon which a minor modification is requested; provided, that where such notice is determined by the Director to be insufficient to ensure actual notice to a majority of adjoining owners, he may require mailed notice to be given to such owners as the Director 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. The failure of an owner 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 minor modification, and the applicant for a minor modification 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 Commission within three working days after the filing for a minor modification. 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 minor modification. The sign shall be removed by the applicant within ten working days after final action by the Commission. Appeals from decisions of the Commission shall be pursuant to Section 656, Part 1, Subpart D, Ordinance Code.

For purposes of this subsection, for minor modifications for properties located within the Downtown Overlay Zone, as defined in Section 656.361.2, all references to "Planning Commission" or "Planning and Development Department" shall mean the Downtown Development Review Board. Furthermore, the requirement contained in this subsection concerning mailed notification to owners of real property within 350 feet of the boundaries of the land upon which the minor modification 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.

(3)

Major changes. In order to facilitate any other change to an approved Planned Unit Development district, an application for rezoning shall be filed in a manner consistent with other applications for rezoning.

(h)

Verification of substantial compliance with the Planned Unit Development district.

(1)

Required review. Prior to any portion of development within a Planned Unit Development district, an applicant shall submit detailed development plans to the Department, pursuant to the procedures in this subsection, for verification of substantial compliance with the approved Planning Unit Development ordinance, adopted written description, and adopted site plan.

(2)

Application requirements. In addition to any documentation required by subsection (3) below, the applicant shall submit the following sets of detailed development plans for the portion of the Planned Unit Development proposed to be developed:

(i)

Three sets to the Department.

(ii)

One set to the City Council Research Division.

(iii)

One set to the District Council Member.

(iv)

Any Property located within the Downtown Overlay Zone, as defined by Section 656.361.2, an additional set of PUD plans shall be provided to a designated staff member of the Downtown Investment Authority for review and comment on those properties.

(3)

Parks and recreation. In addition to the detailed development plans required by subsection (2) above, the applicant shall provide documentation and instrumentation to indicate the ownership and maintenance responsibility for any proposed neighborhood park, pocket park, playfield or recreational structure to the following:

(i)

One copy to the Department.

(ii)

One copy to the City Council Research Division.

(iii)

One copy to the District Council Member.

(iv)

One copy to the Recreation and Parks Department.

(v)

One copy to the Office of General Counsel.

(4)

Department review. At least two planners shall review the application for verification of substantial compliance for consistency with the approved Planned Unit Development ordinance, adopted written description and adopted site plan. Prior to issuing a determination on the application for verification of substantial compliance, the Department shall forward its preliminary findings, in writing, to the District Council Member.

(5)

District Council Member comments. The District Council Member may provide written comments regarding the Department's preliminary findings within five business days of receipt of the preliminary findings. The District Council Member may choose to provide written comments through the City Council Research Division. Disputes between the Department and the District Council Member shall be resolved as provided herein.

(6)

Compliance finding. If the Department finds the application in compliance with the approved Planned Unit Development ordinance, adopted written description, and adopted site plan, and the application is not appealed pursuant to subsection (7) below, then the Department shall provide approved copies of the application as follows:

(i)

One copy to the Department official file.

(ii)

One copy to the Zoning Counter.

(iii)

One copy to the District Council Member.

(iv)

One copy to the applicant.

(7)

Dispute resolution. Disputes between the Department and the District Council Member during preliminary review shall be heard by the Planning Commission pursuant to the following:

(i)

The District Council Member or the Department may request dispute resolution by the Planning Commission.

(ii)

The Planning Commission shall conduct a hearing at the next regularly scheduled meeting.

(iii)

The Planning Commission's review is limited to whether or not the application substantially complies with the approved Planned Unit Development ordinance, adopted written description and adopted site plan. No additional conditions may be imposed on the applicant by the Planning Commission.

(iv)

The parties to the proceeding are the District Council Member, the Department, and the applicant. No other parties shall be permitted to comment.

(v)

The record shall consist of the approved Planned Unit Development ordinance, the adopted written description, the adopted site plan, the application for verification of substantial compliance, the Department's preliminary findings, the District Council Member's comments, and any additional information provided at the Planning Commission hearing by the parties.

(vi)

The Planning Commission shall issue a finding regarding substantial compliance on the date of the hearing and this finding shall be the final agency action for the City, with appeals to a court of competent jurisdiction. If the Commission finds the application in compliance, then the staff to the Commission shall distribute copies consistent with subsection (6) above. If the Commission finds the application not in compliance, the Commission shall issue a letter to the applicant so stating.

(Ord. 91-59-148, § 1; Ord. 92-2017-1458, § 8; Ord. 95-211-772, § 2; Ord. 98-678-E, § 5; Ord. 2000-90-E, § 4; Ord. 2005-893-E, § 1; Ord. 2005-1293-E, § 1; Ord. 2006-1395-E, § 1; Ord. 2007-564-E, § 19; Ord. 2011-47-E, § 2; Ord. 2011-732-E; Ord. 2011-47-E, § 2; Ord. 2016-140-E, § 16; Ord. 2016-367-E, § 1; Ord. 2018-855-E, § 1; Ord. 2019-375-E, § 1; Ord. 2024-373-E, § 2)

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

The Planning Commission may adopt standards and performance criteria to be followed in the Commission's review of PUDs, which provide requirements for open space, off-street parking, land-use intensity, setbacks and other design parameters. Upon adoption by the Planning Commission, such standards and performance criteria may be modified or amended only upon specific action by the Planning Commission. Such standards and criteria shall be published and made available to the public for utilization in the planning and development of PUDs.

(Ord. 91-59-148, § 1)

A proposed Planned Unit Development over 1,000 acres that is located outside the urban service boundary shall be designed and developed as a Planned Unit Development Satellite Community. A PUD-SC is a mixed use development that includes a residential component, employment center(s) (commercial and office uses), and supporting public facilities. A centrally located park or square will become the focal point of the community, around which commercial, public, and high-density residential uses will be located. Vehicular, pedestrian and bicycle access are required between community centers and emphasize an interconnected network of streets, bicycle paths, and pedestrian walkways. Residential neighborhoods within satellite communities may contain appropriately scaled supporting neighborhood commercial nodes.

The intent of this Subpart is to guide development in the outlying areas of the City into compact satellite communities. This development pattern will:

(a)

Allow residents to shop and work nearby, reducing the traffic congestion and extended work-based automobile trips from the exclusive development of single-family homes in the outlying areas.

(b)

Increase the mobility of the elderly and the young, with shopping and institutional uses located within walking distance of residences.

(c)

Reduce public and private costs associated with the provision of urban services.

(d)

Increase opportunities for pedestrian and bicycle mobility and reduce automobile trips.

(e)

Distribute automobile traffic within the village onto an established hierarchy of through streets.

(Ord. 91-59-148, § 1)

(a)

General use requirements. The minimum size for a PUD-SC is 500 acres. Between 50 and 75 percent of the development's gross acreage shall be devoted to residential use, with a mix of densities and housing types. The overall gross residential density shall be at least two and one-half units per acre. The development shall include commercial, office, institutional and public uses, which must be located in the community center. Select industrial uses and large-scale office uses may be located on the periphery of the development.

(b)

Community center. Every PUD-SC shall contain a definable core area, referred to as a community center. This center will function as a shopping area, public space and employment center. The center shall be accessible by a collector or an arterial street. This space shall contain a park or plaza as a focal point. Commercial, office, and public uses shall be located in the community center. Residential uses will be allowed, particularly in second stories above commercial or office space and in moderate to high-density clusters surrounding the center core area.

(c)

Public use. An area in the community center will be dedicated for public buildings such as community centers, post offices and libraries. Public buildings shall face the central park or shall be adjacent to that park. A larger PUD-SC shall contain public spaces or small parks in the periphery to serve surrounding residential development.

(d)

Internal circulation. A PUD-SC shall have an internal circulation pattern so that vehicular, pedestrian and bicycle ways link all parts of the development. Bikeways and sidewalks shall be separate from streets, and shall directly link residential and nonresidential uses.

(e)

Provision of urban services. A PUD-SC shall have a centralized water and sewer systems. Police and fire services will be provided.

(f)

Parking. On-street parking spaces will be credited toward parking requirements for commercial, institutional and public uses.

(g)

Signage. Free-standing signs in a PUD-SC shall be monument style only. This provision shall not be modified by a PUD-SC condition, shall not apply to attached signage, and shall supersede any conflicting provisions in Chapter 656.

(h)

Impervious surface ratios. Impervious surface ratios shall be required pursuant to Section 654.129.

(Ord. 91-59-148, § 1; Ord. 91-761-410, § 1; Ord. 2005-93-E, § 1; Ord. 2019-375-E, § 1)

Designated secondary zoning districts may be permitted in the land use categories as specified in this Part, provided that the following supplemental criteria and standards are met for certain designated secondary zoning districts, in addition to the zoning district regulations for the same, to the extent that both the permitted uses and permissible uses by exception found in the above-referenced zoning districts are consistent with the 2010 Comprehensive Plan:

(a)

AGR District:

(1)

The minimum lot area shall be five acres.

(2)

The site shall be located outside the urban area as defined in the Comprehensive Plan.

(b)

RR District: There are no additional criteria for this district.

(c)

RLD-120, RLD-100A, RLD-100B, RLD-90, RLD-80, RLD-70, RLD-60, RLD-50, RLD-40, RLD-TND, RLD-TNH Districts: There are no additional criteria for these districts.

(d)

RMD-A and RMD-B Districts: There are no additional criteria for these districts.

(e)

RMD-C, RMD-D and RMD-E Districts: The site shall have frontage on a collector street or higher classification on the Functional Highway Classification Map of the Comprehensive Plan.

(f)

RMD-MH District: The site, if used for a mobile home park, shall have frontage on a collector street or higher classification on the Functional Highway Classification Map of the Comprehensive Plan.

(g)

RHD-A and RHD-B Districts: The site shall have frontage on a collector street or higher as classified on the Functional Highway Classification Map of the Comprehensive Plan.

(h)

CO, CRO and CN Districts:

(1)

The site shall be located at the intersection of two streets classified as principal arterial, for arterial, or collector streets as identified on the Functional Highway Classification Map of the Comprehensive Plan. This precludes consideration for an intersection with a limited access facility as one or both of the two intersecting roadways.

(2)

The maximum distance of the use from the specified intersection as represented by intersection of the centerlines of the rights-of-way shall not exceed one block length or 660 feet, whichever is less, and shall be at least 100 feet from any local street.

(3)

The total area zoned for CO, CRO or CN Districts at an intersection shall not exceed 16 acres.

(4)

Not more than half (50 percent) of the above acreage shall be located in any one quadrant of the intersection.

(i)

CCG-1 and CCG-2 Districts.

(1)

The site shall be located on a principal arterial or minor arterial or at the intersection of two streets classified as collector streets on the Functional Highway Classification Map of the Comprehensive Plan, or shall be immediately adjacent to another parcel zoned CCG-1 or within 100 feet of same.

(2)

The minimum site size shall be one acre.

(j)

IBP-1 District:

(1)

The site shall have frontage on a principal arterial, minor arterial or collector street as classified on the Functional Highway Classification Map of the Comprehensive Plan.

(2)

The minimum site area shall be one acre.

(3)

The site shall be located no more than 150 feet from an existing permitted primary zoning district or another IBP-1 District measured along an arterial or collector street.

(k)

PBF-1 District: The use, if located within a developed low density residential area, shall primarily serve the immediate residential area or shall constitute an essential service required for the residential area, unless there is an existing use.

(l)

PBF-2 District:

(1)

The site shall have frontage on a principal arterial, minor arterial or collector street as classified on the Functional Highway Classification Map of the Comprehensive Plan.

(2)

The minimum lot area shall be two acres.

(m)

PBF-3 District: The site shall be located at the intersection of two streets classified as principal arterial, minor arterial or collector streets as identified on the Functional Highway Classification Map of the Comprehensive Plan. This precludes consideration for an intersection with a limited access facility as one or both of the two intersecting roadways.

(n)

ROS District:

(1)

The site shall have frontage on a principal arterial, minor arterial or collector street as classified on the Functional Highway Classification Map of the Comprehensive Plan.

(2)

The minimum site area shall be two acres.

(o)

CSV District: There are no additional criteria for this district.

(p)

PUD District:

(1)

The uses permitted may be only those permitted in the primary or secondary use zoning districts for the site area as depicted on the Future Land Use Maps of the Comprehensive Plan, unless specifically described otherwise within the accompanying written description; provided however, that the same is consistent with the functional land use classification.

(2)

Uses which are permitted or permissible by exception in a secondary use zoning district shall be subject to the supplemental criteria and standards for same specified in Section 656.350. The same shall be provided for in the written description of the intended plan of development for the proposed PUD, unless specifically described otherwise within the accompanying written description; provided however, that the same is consistent with the functional land use classification.

(Ord. 91-59-148, § 1; Ord. 91-527-268, § 2; Ord. 91-761-410, § 1; Ord. 2017-318-E, § 19)

It is the purpose and intent of this Subpart H to create and establish a Downtown Overlay Zone, which will promote and encourage the revitalization and growth of Downtown as a desirable high density mixed-use area by maximizing the use of all available resources, ensuring a high degree of compatibility between new and existing uses, promoting mixed use developments, promoting access and focus on the St. Johns River and its tributaries, streamlining the review and approval process for projects, providing flexibility in both the uses allowed, as well as the physical design of, projects, and ensuring quality development that is in keeping with the traditional Downtown urban fabric. The land included within the Downtown Overlay Zone shall be subject to the Downtown District Use and Form Regulations contained in this Subpart H.

The Downtown Overlay Zone and the Downtown District Use and Form Regulations work in concert with the Downtown Investment Authority's Business Investment and Development Plan (BID Plan). The Downtown Overlay Zone is coextensive with the jurisdiction of the Downtown Investment Authority (DIA), as described in Sec. 55.105, Ordinance Code. Within the existing Downtown Overlay Zone, the Downtown Districts are hereby amended pursuant to Ordinance 2019-196-E, and are set out in this Subpart H. In order to accomplish the general purpose of promoting residential and mixed use development in the Downtown area, it is necessary to have a Downtown Overlay Zone which gives special consideration to certain uses and the utilization of form regulations and their associated Downtown design guidelines because of the unique characteristics of Downtown. The Downtown District Use and Form Regulations shall supersede the other provisions of this Chapter 656, except as otherwise specifically provided herein. The majority of the land within the Downtown Overlay Zone is designated Central Commercial Business District (CCBD) as referenced in Section 656.314, but described in this Subpart H. The Overlay District provides additional flexibility and regulations as described in this Subpart H.

Some land within the Overlay Zone is zoned Planned Unit Development (PUD) and shall retain their own regulations and performance standards; however, these parcels shall be required to comply with the processes and regulations set forth in this Subpart H, except to the extent of any express conflict with the specific terms of the applicable PUD.

The Downtown District Use and Form Regulations are divided into sections describing use (Use Regulations) and form (Form Regulations). The Use Regulations within this Overlay are further divided into the uses permitted in all Overlay Districts, and specific bonus uses that are permitted in a specific District, or permissible in that District through the zoning exception process. The list of uses permitted throughout the Downtown Overlay Zone are also the uses permitted in the CCBD zoning district. By allowing additional bonus uses permitted by right, and additional uses permissible by exception that are District specific, the City retains the ability to shape the character of different Districts within the large and diverse area that comprises Downtown. DDRB is authorized to approve, approve with conditions, or deny an exception application.

The Form Regulations within this Downtown Overlay Zone describe the requirements for the form of the structures and development on both the private and the public land Downtown. Each section begins with "Purpose and Intent" to inform the designer of the overall vision. The Form Regulations set out what is required of a structure or site; however, alternatives are provided to allow flexibility and lessen the need for deviations from the Form Regulations. A deviation from any Form Regulations may be sought, but some Form Regulations require the satisfaction of additional criteria beyond those generally applicable to all deviations. Unless otherwise specified in this Subpart H, DDRB is authorized to approve, approve with conditions, or deny a deviation application.

The previously adopted Downtown Design Guidelines (Guidelines) are hereby superseded and amended pursuant to Ordinance 2019-196-E to the extent the same conflict with any provisions in this Subpart H, including incorporated graphics and illustrations. It is contemplated that the Guidelines shall be updated, in their entirety, by the Downtown Investment Authority (DIA) by July 1, 2020, to conform to Ordinance 2019-196-E. The Guidelines illustrate, refine and explain the Form Regulations through the use of graphics and examples. Although not codified within Chapter 656, the Guidelines are nonetheless intended to be followed by the designer because they are clarifications of the Form Regulations. The Guidelines shall be made readily available through the DIA, the City's Legislative Services Division, and on the City's website. To the extent not inconsistent herewith, the Guidelines may be amended by the DIA, with the assistance of the DDRB, without further Council action.

Together, the Form Regulations and the Design Guidelines are reflective of a form-based, design-oriented approach to reviewing and approving Downtown development projects.

The previously adopted Riverfront Park Design Criteria, dated July 2000, are hereby replaced in their entirety with the Riverwalk Park Design Criteria, dated February 2019 and available on the City's website and on file with the Legislative Services Division accompanying Ordinance 2019-196-E. The Riverwalk Park Design Criteria shall govern the development of the Riverwalk adjacent to the bulkhead or shoreline and over water along the riverfront of both the north and south banks of the River along the entire river frontage Downtown. The Riverwalk Park Design Criteria provide the design intent and specifications for the development of the Riverwalks and shall be made readily available through the DIA, the Legislative Services Division, and on the City's website.

The previously adopted Downtown Streetscape Design Guidelines prepared for the Jacksonville Economic Development Corporation (JEDC) shall be updated by the DIA by July 1, 2020, to conform to Ordinance 2019-196-E. These are guidelines intended to guide all development within the right-of-way, whether implemented by a governmental entity or a private developer. The current Downtown Streetscape Design Guidelines shall be followed to the extent not inconsistent with Ordinance 2019-196-E, until superseded by an update approved by the DIA.

Previously granted Deviations and waivers remain in force and effect without converting to a non-conforming status. Development proposals that have received Conceptual Approval from DDRB prior to June 1, 2019 shall be allowed to proceed through Final Approval and construction, even if in conflict with these regulations, if consistent with the previously granted Conceptual Approval and the regulations in effect at the time of Conceptual Approval. If a Deviation would have been required under the regulations in effect at the time of Conceptual Approval but has not yet been granted, the Deviation request shall proceed under these requirements.

(Ord. 2019-196-E, § 6)

The boundaries of the Downtown Overlay Zone and its Overlay Districts (Overlay Districts or Districts) are shown on the Downtown Overlay Zone Map below.

Downtown Overlay Zone Map - 2019

More specifically, the Downtown Overlay Zone boundaries are coextensive with the jurisdictional boundaries of the Downtown Investment Authority, which is described in Sec. 55.105, Ordinance Code, and includes all land within the following boundaries:

Begin at the intersection of a northwesterly prolongation of the northerly right-of-way line of State Street with the westerly boundary of Interstate - 95; thence run southerly along said westerly boundary of Interstate - 95 to an intersection with a northwesterly prolongation of the Fuller Warren Bridge over the St. Johns River and the northerly right-of-way line of that portion of Interstate 95 leading westerly from said Fuller Warren Bridge; thence southeasterly and easterly along said northerly right-of-way line of said Interstate 95 and said Fuller Warren Bridge to an intersection with the southeasterly right-of-way line of Vine Street; thence northeasterly along said southeasterly right-of-way line of Vine Street to an intersection with the northeasterly line of that certain alley running southeasterly through block 17, as shown on reed fourth subdivision of South Jacksonville, as recorded in Plat Book 1, Page 46 of the former public records of said County; thence southeasterly along said northeasterly alley line to an intersection with the northwesterly right-of-way line of Alamo Street; thence northeasterly along said northwesterly right-of-way line of Alamo Street to an intersection with the center line of the St. Johns River; thence easterly, northeasterly and northerly along the center line of the St. Johns River to an intersection with the northerly right-of-way of Matthews Bridge and Arlington Expressway; thence westerly along last said northerly right-of-way of said Matthews Bridge and Arlington Expressway to an intersection with the northerly right-of-way of State Street; thence westerly along last said northerly right-of-way line of State Street to an intersection with the westerly right-of-way line of Jefferson Street; thence northerly along last said westerly right-of-way line of Jefferson Street to an intersection with the easterly prolongation of the northerly boundary of the lands described and recorded in Official Records 7755, Page 2375 of said Current Public Records; thence northwesterly along last said line to an intersection with the easterly right-of-way line of Davis Street; thence southerly along last said easterly right-of-way line of Davis Street to an intersection with aforesaid northerly right-of-way line of State Street; thence westerly along last said northerly right-of-way line of said State Street to the point of beginning.

The Downtown Overlay Zone Map represents the Zoning Overlay for the boundaries herein described. The Zoning Atlas shall depict the Downtown Overlay Zone as described above, on the applicable Zoning Atlas map. The boundaries of each Downtown District are described as follows:

Brooklyn District: Beginning at the centerline of McCoy's Creek and the westerly line of Interstate 95; thence run southerly along the westerly line of Interstate 95 to the northerly line of the westerly approach to the Fuller Warren Bridge; thence southeasterly and easterly along the northerly line of the westerly approach to the centerline of the Fuller Warren Bridge; thence easterly along the centerline of the Fuller Warren Bridge to the centerline of the St. Johns River; thence northeasterly and northerly along the centerline of the St. Johns River to the centerline of the Acosta Bridge; thence northwesterly and westerly along the centerline of the Acosta Bridge to the centerline of the Florida East Coast Railroad; thence westerly and northwesterly along the centerline of the Florida East Coast Railroad to the centerline of Park Street; thence westerly along the centerline of Park Street to the centerline of McCoy's Creek; thence northwesterly and westerly along the centerline of McCoy's Creek to the point of beginning.

LaVilla District: Beginning at the centerline of Broad Street and the centerline of State Street; thence northerly along said centerline line of Broad Street 1,726.25 feet to a point as defined in the legal description prepared by Sunshine State Surveyors, Inc., dated September 24, 1990 on the Blodgett Homes site housing the State Regional Service Center; thence westerly along said line as referenced in the above survey to the centerline of Davis Street; thence southerly along said centerline of Davis Street to the centerline of Kings Road; thence westerly along said centerline of Kings Road to the northerly line of Interstate 95; thence southerly along the westerly right-of way line of Interstate 95 to the centerline of McCoy's Creek; thence southerly along the centerline of McCoy's Creek to the centerline of Park Street; thence northwesterly and westerly along the centerline of Park Street to the centerline of the Florida East Coast Railroad; thence southeasterly and easterly along the centerline of the Florida East Coast Railroad to the centerline of the Acosta Bridge and the centerline of Broad Street; thence northerly along the centerline of Broad Street to the point of beginning.

NorthCore District: Beginning at the centerline of Broad Street and the centerline of State Street; thence easterly along the centerline of State Street to the centerline of Main Street; thence southerly along the centerline of Main Street to the centerline of Church Street; thence easterly along the centerline of Church Street to the centerline of Broad Street; thence northerly along the centerline of Broad Street to the point of beginning.

Cathedral District: Beginning at the centerline of Main Street and the centerline of State Street; thence run easterly along the centerline of State Street to the centerline of Hogan's Creek; thence southerly along the centerline of Hogan's Creek to the centerline of Adams Street; thence westerly along the centerline of Adam's Street to the centerline of Main Street; thence northerly along the centerline of Main Street to the point of beginning.

Central Core District: Beginning at the centerline of the St. Johns River and the centerline of the Acosta Bridge; thence run westerly along the centerline of the Acosta Bridge to the centerline of Broad Street; thence run northerly along the centerline of Broad Street to the centerline of Church Street; thence easterly along the centerline of Church Street to the centerline of Main Street; thence southerly along the centerline of Main Street to the centerline of Adams Street; thence easterly along the centerline of Adams Street to the center line of Liberty Street; thence southerly along the centerline of Liberty Street to the centerline of Bay Street; thence easterly along the centerline of Bay Street for a distance of approximately 425 feet to the centerline of Washington Street as shown on the Official Map of Jacksonville dated March 5, 1877; thence proceeding southerly along the centerline of Washington Street as shown on the Official Map of Jacksonville dated March 5, 1877 to the St. Johns River; thence southerly along the prolongation of said centerline to the centerline of the St. Johns River; thence westerly along the centerline of the St. Johns River to the point of beginning.

Sports and Entertainment District: Beginning at the centerline of Liberty Street at the centerline of Adams Street; thence run southerly along the centerline of Liberty Street to the centerline of Bay Street; thence easterly along the centerline of Bay Street for a distance of approximately 425 feet to the centerline of Washington Street as shown on the Official Map of Jacksonville dated March 5, 1877; thence proceeding southerly along the centerline of Washington Street to the St. Johns River; thence southerly along the along the prolongation of said centerline as shown on the Official Map of Jacksonville dated March 5, 1877 to the centerline of the St. Johns River; thence easterly along the centerline of the St. Johns River for a distance of approximately 6,800 feet to an imaginary line drawn by the prolongation of the centerline of Bryan Street southerly into the St. Johns River; thence northerly along that imaginary line drawn to the centerline of Bay Street; thence northerly along the centerline of Bryan Street to the center line of the Arlington Expressway; thence proceed westerly along the centerline of the Arlington Expressway to the centerline Hogan's Creek; thence southerly along the centerline of Hogan's Creek to the centerline of Adams Street; thence westerly along the centerline of Adam's Street to the point of beginning.

Working Waterfront District: Beginning at the centerline of the St. Johns River and the centerline of the Matthews Bridge; thence proceed westerly along the centerline of the Matthews Bridge to the centerline of Bryan Street; thence proceed southerly along the centerline of Bryan Street to the centerline of Bay Street; thence southerly of a prolongation thereof to an intersection with the centerline of the St. Johns River; thence northeasterly and northerly along the centerline of the St. Johns River to the point of beginning.

Southbank District: Begin at the point of the center line of the St. Johns River on the centerline of the Fuller Warren Bridge; thence easterly along said centerline to a point of intersection with the southwesterly edge of the southbound roadway of South Main Street; thence northeasterly along a line drawn straight from the last described point to the northwesterly corner of Lot 18, Block 1, Bostwick's Subdivision of Block 46 in South Jacksonville, as shown on plat recorded in Plat Book 3, Page 68 of the current public records of said County, said northwest corner being located in the northeasterly right-of-way line of the northbound approach to said South Main Street from said Interstate 95; thence southeasterly and easterly along said northeasterly right-of-way line and northerly right-of-way line of Interstate 95 to an intersection with the southeasterly right-of-way line of Vine Street; thence northeasterly along said southeasterly right-of-way line of Vine Street to the northeasterly line of that certain alley running southeasterly through Block 17, Reeds Fourth Subdivision of South Jacksonville, as shown on plat recorded in Plat Book 1, Page 46 of the former public records of said County; thence southeasterly along said northeasterly alley line to an intersection with the centerline of Alamo Street; thence northeasterly along said centerline of Alamo Street to its intersection with the northerly right-of-way line of Utah Avenue; thence easterly along said northerly right-of-way line to its intersection with the northerly prolongation of the centerline of Barbara Avenue; thence continue northerly along the prolongation of the centerline of Barbara Avenue, a distance of 390 feet, more or less, to the center of a drainage canal; thence continue northeasterly along the centerline of said drainage canal to a point where said canal empties into a shallow bay; thence continue northerly along the waters of said bay to a point on the centerline of the St. Johns River; thence westerly and southerly along said center line of the St. Johns River to the point of beginning.

(Ord. 2019-196-E, § 6; Ord. 2022-383-E, § 1)

The definitions contained in Part 16 of the Zoning Code shall apply. Those terms which are specific to this Subpart H are defined as follows:

Accessory Parking Lot means a surface parking facility that provides a majority of available parking for a specific use or uses, such as for the exclusive use of customers, users or employees of a particular business or location. The facility may be located on or off the site of the use or uses to which it is accessory. A fee may or may not be charged. An accessory parking lot need not be under the same ownership as the specific use or uses to which it is accessory. If not under the same ownership, evidence of a long-term lease must be provided supporting the claim the lot is an accessory parking lot to the specific use or uses.

Area, Amenity means the space between the curb and the clear pedestrian area which area is intended to accommodate public facilities (such as light poles, signal devices, transformers, and other above ground utilities), landscaping, and street furnishings. This area is generally a minimum of four feet in width as measured from the back of curb toward the pedestrian clear area where right-of-way width permits.

Area, Frontage means the area adjacent to building frontages which serves as a transition area through which pedestrians do not generally pass as it is directly adjacent to building features. It is adjacent to the pedestrian clear area. The Frontage Area may include sidewalk cafés, outdoor display and similar uses.

Area, Pedestrian Clear means the clear area typically in the middle of the sidewalk that primarily accommodates pedestrian circulation which in all instances must be a minimum of five feet in width but is generally a minimum of eight feet in width in Downtown.

ASE (Automated Skyway Express) means the elevated mass transit system existing in the Downtown area as managed by the Jacksonville Transportation Authority.

BID Plan means the Downtown Investment Authority's Business Investment and Development Plan, which is an update of the two existing Community Redevelopment Area Plans for Downtown (Northbank and Southbank) along with the Business Investment Plan.

Commercial Surface Parking Lot means a parking facility that provides parking, in whole or the majority part, as a commercial enterprise, for four or more motor vehicles for a fee on a first-come-first-served basis, or by hourly or monthly contract. Such a parking lot is not primarily associated with any other use or uses, such as for the exclusive use of customers, users or employees of a particular business or location. The term does not include a commercial parking garage which is a building primarily used for the provision of parking for a fee. If a parking lot has a mix of dedicated spaces for a particular use or uses and general, first-come-first-served spaces, if such general spaces represent a majority of the available parking spaces, it shall be considered a Commercial Surface Parking Lot.

Creekfront Easement means that 25-foot wide public access easement running parallel and along each side of McCoy's Creek and Hogan's Creek as described in subsection 656.361.2.I (Creek Views and Creekfront Design).

DDRB means the Downtown Development Review Board established by Section 656.361.9.

DIA means the Downtown Investment Authority established in Chapter 55 (Economic Development), Part III (Downtown Investment Authority), Ordinance Code.

Differentiated Building Mass means a design strategy that attempts to break up the visual appearance of buildings or structures by use of offsets and other methods to articulate the horizontal and vertical planes of buildings in order to mitigate the effect of large looming buildings or structures.

Downtown District Regulations means the codified Use Regulations found in Section 656.361.5, and the Form Regulations found in Section 656.361.6, Ordinance Code.

Frontage means the part of a building, structure, lot or element that is adjacent to and generally parallel to a street right-of-way, the Riverwalk, or public access easement along a creek.

Ground-Floor means the at-grade, first floor of a building or structure.

Major Renovation means an expansion or renovation of existing development equal to 50 percent of the assessed value of the lot improvements according to the Property Appraiser or an expansion of the total square footage of a structure by 50 percent or more, including cumulative expansions totaling 50 percent.

On-Site Parking means a surface or structured parking facility which is used for the sole purpose of parking motorized vehicles located on the same property as the principle use for which the parking is utilized.

Pedestrian Entrance means a primary point of pedestrian access to the interior of a building or structure.

Pedestrian Skywalk means an elevated walkway connecting two structures and located above existing grade.

Pedestrian Zone. See "Zone, Pedestrian."

Private Realm means the buildings and areas within private property that are privately owned, designed and maintained. The Private Realm also includes Urban Open Space located on private property fully open to the public and integrated into the adjacent Public Realm and semi-private areas that may be required to be accessible on a limited basis as part of the Public Realm as Urban Open Spaces, but such areas are designed, constructed and maintained as part of the Private Realm.

Public Realm means the area beyond the edge of private areas that includes the Pedestrian Zone and the Vehicular Zone within the public right-of-way.

Streetscape means the visual character of a street as determined by various elements such as structures, landscaping, open space, natural vegetation and view.

Structured parking means parking for vehicles in a structure, and includes ground level parking covered by a building, but does not include a shade structure.

Urban Open Space means an area within the Private Realm that is immediately adjacent to the Public Realm and integrated therewith. Unlike what is generally or conventionally considered "open space" within the suburban context, Urban Open Space is not just landscaping or seating or the absence of a building or structure, but rather is an area built for human activity and engagement and is comprised of public art, interactive equipment such as swings, exercise equipment, information kiosks, etc. as the anchor of that space. Urban Open Space also includes semi-private areas that may be fenced or gated but activities within are visible from the Public Realm, accessible directly from the Public Realm, and open to the public during business and service hours. It does not lose its character as Urban Open Space if dedicated to the public or conveyed to the City.

View and Access Corridor means a linear view toward, and perpendicular to, either the St. Johns River, McCoy's Creek or Hogan's Creek, down either a public right-of-way or access easement within a block.

View Shed means the area that is visible from a specific location, such as a building, and includes all surrounding points that are in line-of-sight with that location and excludes points that are beyond the horizon or obstructed by other buildings.

Water's Edge Restaurant means any freestanding restaurant which seeks a zoning exception pursuant to Section 656.131, Ordinance Code, for all or any portion of the structure to be located within the established 50-foot setback from the river's edge (Zone A).

Zone, Pedestrian means the combination of the Frontage Area, the Pedestrian Clear Area, and the Amenity Area that make up the space between the edge of curb or roadbed and the building frontage, or if no building, then the Build-To Line, which may be identified by a frontage wall. This area is commonly referred to as the sidewalk.

Zone, Vehicular means the roadbed, including on-street parking and the curb, if any.

(Ord. 2019-196-E, § 6; Ord. 2022-383-E, § 1)

All development and redevelopment in the Downtown Overlay Zone including, but not limited to, all Public Works and JTA projects and streetscape projects, partnerships with the City that require funding, and all projects that require permits of any type for the development or redevelopment of a site, building, structure, or right-of-way shall be subject to the Use Regulations, the Form Regulations, the Design Guidelines, the Riverwalk Park Design Criteria, and the following general standards:

A.

The use shall be consistent with the BID Plan which includes the Community Redevelopment Plans and with the Central Business District Future Land Use Category as described in the Future Land Use Element of the City's adopted Comprehensive Plan.

B.

The form shall be in keeping with the general purpose and intent of the Downtown Overlay Zone, and Downtown Districts, including the Downtown Design Guidelines, or any amendments thereto, and the Riverwalk Park Design Criteria.

C.

The use, building or structure will not negatively impact or injure the value of adjacent properties by noise, lights, traffic or other factors or otherwise detract from the immediate environment.

D.

All applications and plans submitted shall be considered within the context of the BID Plan, the Downtown District Regulations, the Downtown Design Guidelines, and the Riverwalk Park Design Criteria to assure a consistency and compatibility among proposed and existing development, with respect to parking requirements, access, setbacks, building height, mass and transparency, etc.

E.

All applications and plans submitted shall be consistent with the City's adopted Mobility Plan and Public Facility Level of Service Standards identified in the Capital Improvements Element of the Comprehensive Plan. The requirements associated with the above are implemented separately with DIA through the approval of a redevelopment agreement and associated allocation of development rights which includes mitigation of impacts (transportation, utilities, police and fire protection, and similar impacts) by the applicant resulting from the development. Approval of the application and plans can occur during the above review, or before the above review, at the discretion of the applicant, subject to compliance with the above requirements before building permit applications are filed with the Building Official.

F.

All permitted activities (sale, service and display, preparation and storage) within the Downtown Overlay Zone shall be conducted within a completely enclosed building, unless specifically provided otherwise. Any person or entity seeking to hold an outdoor commercial or recreational activity shall first obtain a permit from the City's Special Events Division, pursuant to Part 1 of Chapter 191, Ordinance Code.

(Ord. 2019-196-E, § 6; Ord. 2020-695-E, § 3)

The use provisions in the various Overlay Districts are exclusive and a use not included under permitted or permissible uses shall be prohibited in the District. The following uses are permitted throughout Downtown (in all Overlay Districts) for parcels zoned CCBD:

A.

Retail and wholesale sales of food, pharmacies, wearing apparel, toys, sundries and notions, books and stationery and newsstands, leather goods and luggage, jewelry stores, watch repairs and art, camera and photographic supplies (including camera repair), sporting goods, hobby shops, and pet shops (but not including animal kennels), musical instruments, florist or gift shops, delicatessens, bakeries (including outdoor display of any of the foregoing merchandise during the normal business hours of the adjacent business), home furnishings and appliances (including repair incidental to sale) in completely enclosed buildings, office merchandise in completely enclosed buildings, hardware, new automobile parts (including rebuilt parts but not installation, repair or rebuilding of parts) in completely enclosed buildings, tire sales only if sales and display are entirely within an enclosed building.

B.

Service establishments such as barber or beauty shops, shoe repair shops, interior decorators, spas and skin care salons, tailors or dressmakers, radio and television broadcasting offices and studios (but not antenna or transmitting facilities), funeral homes (but not crematories), blueprinting, job printing, newspapers, radio and television repair shops, travel agencies, employment offices (but not day labor pools) and similar uses.

C.

Other Service establishments including laundry or dry cleaning pick up or drop off establishments with no cleaning to occur on premises and veterinarians but not animal boarding kennels, carpenter or cabinet shops and similar uses.

D.

Restaurants, including restaurants with the retail sale and service of all alcoholic beverages, for on-premises consumption, but not drive-in or drive-thru facilities. The minimum distance limitations in Part 8 (Alcoholic Beverages) of this Chapter 656 shall not apply to this use.

E.

Banks, loan companies, mortgage brokers, stockbrokers and similar financial institutions.

F.

All types of professional and business offices, union halls and similar uses (excluding day labor pools).

G.

Schools, colleges, universities, business, trade or vocational schools.

H.

Art galleries, museums, community centers, dance, art or music studios, and similar uses.

I.

Hotels and motels, bed and breakfasts.

J.

Floral, fruit, vegetable, poultry or fish markets.

K.

In all Overlay Districts, with the exception of the NorthCore District, entertainment establishments or facilities, including nightclubs, billiard parlors, dance halls, and private clubs, etc. with or without the retail sale and service of all alcoholic beverages for either on-premises or off-premises consumption, or both, (but not adult entertainment or dancing entertainment establishments) and with no minimum distance limitations outlined in Part 8 (Alcoholic Beverages) of this Chapter 656.

L.

Automobile parking garages.

M.

Multiple-family dwellings as standalone uses or as part of a mixed-use building, and dormitories when in conjunction with a college or university.

N.

Housing for the elderly, Assisted Living Facilities (ALF) and nursing homes.

O.

Day care or adult care centers meeting the performance standards and development criteria set forth in Part 4.

P.

Churches, places of worship, and other places of assembly including a rectory and similar uses, providing that minimum distance limitations outlined in Part 8 (Alcoholic Beverages) of this Chapter 656 do not apply.

Q.

Medical or dental clinics.

R.

Medical or dental laboratories when incorporated within a medical or dental clinic.

S.

Marinas.

T.

Public utilities such as lift stations, pump stations, wells, electric substations and chilled water plants (but not a hazardous waste transfer station).

U.

An establishment or facility in which beer, wine, or other alcoholic beverages, as those terms are defined in Chapter 561 through Chapter 565, Florida Statutes, are produced for on-site consumption and off-site sales that meet the following criteria: (1) Beer production not to exceed 10,000 barrels (310,000 gallons), and off-site sales to a State licensed wholesaler not to exceed 75 percent of production; (2) An on-site retail sales and service area shall comprise at least ten percent of the gross square foot area of the facility; and (3) The on-site retail sales and service area shall be accessible from the main public entrance, identified for access by the public. Part 8 (Alcoholic Beverages) of this Chapter 656 shall not apply to this use.

V.

Within the Private Realm (not within the right-of-way), permanent or restricted outside sale and service of food and beverages, including beer, wine and alcohol, meeting the performance standards and development criteria set forth in Part 4 of this Chapter 656. Within the Public Realm, outside sale and service of food and beverages, including beer, wine and alcohol, meeting the requirements of Part 8 (Downtown Sidewalk Cafes) of Chapter 250. Part 8 (Alcoholic Beverages) of this Chapter 656 shall not apply to this use. Within the NorthCore District, permanent or restricted outside sales of beer, wine and alcohol, both in the Private and Public Realms, must be in conjunction with a restaurant with outside sale and service of food.

W.

Retail sales of new or used automobiles and trucks (providing that all activities, including vehicle storage and showrooms, are within an enclosed building), Rental of automotive vehicles with no surface lot storage except in conjunction with a hotel.

X.

In All Overlay Districts: Commercial recreational or entertainment facilities in completely enclosed buildings such as theaters, art studios, fitness centers, etc. but not adult entertainment or service or adult arcades, indoor shooting galleries or gaming establishments.

Y.

Hospitals.

Z.

Temporary parking for:

1.

No longer than two years entirely for governmental uses on the site of the government use;

2.

No longer than four years on a site that is used primarily for government use or to satisfy the parking needs for National Football League games or other special events hosted at the Stadium and/or Daily's Place, which may include subordinate private use when not required for governmental uses or event parking;

3.

Special Event parking approved in advance by the Office of Special Events, for special events such as sporting events, concerts, theatrical performances, boat shows, car sales, or other City and DIA authorized special events that last no longer than three days in duration; or

4.

Construction Staging lots approved by DDRB that last no longer than the schedule of construction for the buildings/structures or two years, whichever is less, and which are properly maintained for the duration of the authorized period.

AA.

Homeless centers and rescue missions that exist as of March 1, 2019; provided, however that: by July 1, 2024, all of these existing facilities must have all activities, including waiting or queuing lines, in a completely enclosed structure; and, these existing facilities may not be expanded in scope or footprint unless such structural expansion is directly related to enclosing space for the activities, waiting or queuing lines.

BB.

Parks.

CC.

Distribution of artisan or craft merchandise, other than beer, wine or alcohol, when in conjunction with a retail or restaurant use with an on-site point of sale, where distribution and storage is equal to or less than 50 percent of the total business/building area, or 10,000 square feet, whichever is less.

(Ord. 2019-196-E, § 6; Ord. 2022-383-E, § 1; Ord. 2024-478-E, § 1)

A.

Brooklyn District.

1.

Bonus uses.

(a)

Warehousing, storage or distributorship businesses when in conjunction with an on-site point of sale, and where the total operation does not require more than 10,000 square feet or where the warehousing, storage or distribution business is equal to or less than 75 percent of the total building area, whichever is less.

(b)

Detached Single-Family Homes.

2.

Uses permissible by exception.

(a)

Drive-in or drive through facilities for any permitted use (including, but not limited to, restaurants, dry cleaners, and banks) are permissible only by exception, provided:

i.

The service window or device and all queuing lines are located entirely within an enclosed structure such as a parking garage; or

ii.

When in conjunction with an existing, multi-use building the service window or device is contiguous to and accessed from an improved vehicle use area (e.g. parking lot) other than a Commercial Surface Parking Lot, existing as of 2014, and all queuing lines are located within such approved vehicle use area.

(b)

Personal property storage establishments meeting the criteria contained in Section 656.361.5.4.

(c)

Commercial Surface Parking Lot meeting the exception criteria contained in Section 656.361.5.3.

(d)

Filling or Fueling Stations with fewer than eight fueling stations.

(e)

Service garage for minor repairs provided there is no outdoor storage of vehicles and vehicle service bays do not face the public right-of-way.

(f)

Auto laundry.

(g)

Thrift stores (retail outlets for the sale of used goods).

(h)

Wholesaling or distributorship businesses in conjunction with on-site retail sales where the total operation requires more than 10,000 square feet of floor space or where the warehousing, storage or distribution business is greater than 75 percent of the total building area; in all instances warehousing, storage or distribution business must be in conjunction with an on-site point of sale and cannot exceed 25,000 square feet in area.

(i)

Manufacturing of medical, dental or optical products in conjunction with a retail point of sale or a clinic; or as a standalone facility not to exceed 10,000 square feet.

(j)

Day Labor pool provided all activities, including waiting or queuing, are completely located within an enclosed facility.

(k)

Water's Edge Restaurants, meeting the exception criteria found in Section 656.131, Ordinance Code, and the development standards found in 656.361.5.4.(B).

B.

LaVilla District.

1.

Bonus uses.

(a)

Warehousing, storage or distributorship businesses when in conjunction with an on-site point of sale, and where the total operation does not require more than 10,000 square feet or where the warehousing, storage or distribution business is equal to or less than 75 percent of the total building area, whichever is less.

(b)

Detached Single-Family Homes.

2.

Uses permissible by exception.

(a)

Drive-in or drive through facilities for any permitted use (including, but not limited to, restaurants, dry cleaners, and banks) are permissible only by exception and provided the service window or device and all queuing lines are located entirely within an enclosed structure such as a parking garage.

(b)

Service garage for minor repairs provided there is no outdoor storage of vehicles and vehicle service bays do not face the public right-of-way.

(c)

Personal property storage establishments meeting the criteria contained in Section 656.361.5.4.

(d)

Commercial Surface Parking Lot meeting the exception criteria contained in Section 656.361.5.3.

(e)

Filling or Fueling Stations with fewer than eight fueling stations.

(f)

Auto laundry.

(g)

Thrift stores (retail outlets for the sale of used goods).

(h)

Wholesaling or distributorship businesses in conjunction with on-site retail sales where the total operation requires more than 10,000 square feet of floor space or where the warehousing, storage or distribution business is greater than 75 percent of the total building area; in all instances warehousing, storage or distribution business must be in conjunction with an on-site point of sale and cannot exceed 25,000 square feet in area.

(i)

Manufacturing of medical, dental or optical products in conjunction with a retail point of sale or a clinic; or as a standalone facility not to exceed 10,000 square feet.

(j)

Day Labor pool provided all activities, including waiting or queuing, are completely located within an enclosed facility.

(k)

Multi-story mixed use facility including not more than 16 filling or fueling stations, and a minimum 5,000 square feet of restaurant space as well as at least one other permitted use such as office or retail.

C.

NorthCore District.

1.

Bonus uses.

(a)

Detached Single-Family Homes.

(b)

Warehousing storage or distributorship businesses when in conjunction with an on-site point of sale, and where the total operation does not require more than 10,000 square feet or where the warehousing, storage or distribution business is equal to or less than 75 percent of the total building area, whichever is less.

2.

Uses permissible by exception.

(a)

Drive-in or drive through facilities for any permitted use (including, but not limited to, restaurants, dry cleaners, and banks) are permissible only by exception, provided:

i.

The service window or device and all queuing lines are located entirely within an enclosed structure such as a parking garage; or

ii.

When in conjunction with an existing, multi-use building the service window or device is contiguous to and accessed from an improved vehicle use area (e.g. parking lot) other than a Commercial Surface Parking Lot, existing as of 2014, and all queuing lines are located within such approved vehicle use area.

(b)

Personal property storage establishments meeting the criteria contained in Section 656.361.5.4.

(c)

Commercial Surface Parking Lot meeting the exception criteria contained in Section 656.361.5.3.

(d)

Auto laundry.

(e)

Thrift stores (retail outlets for the sale of used goods).

(f)

Day Labor pool provided all activities, including waiting or queuing, are completely located within an enclosed facility.

D.

Cathedral District.

1.

Bonus uses.

(a)

Detached Single-Family homes.

2.

Uses permissible by exception.

(a)

Drive-in or drive through facilities for any permitted use (including, but not limited to, restaurants, dry cleaners, and banks) are permissible only by exception and provided the service window or device and all queuing lines are located entirely within an enclosed structure such as a parking garage.

(b)

Commercial Surface Parking Lot meeting the exception criteria contained in Section 656.361.5.3.

(c)

Auto laundry.

(d)

Thrift stores (retail outlets for the sale of used goods).

(e)

Day Labor pool provided all activities, including waiting or queuing, are completely located within an enclosed facility.

E.

Central Core District.

1.

Bonus uses: None.

2.

Uses permissible by exception.

(a)

Drive-in or drive through facilities for any permitted use (including, but not limited to, restaurants, dry cleaners, and banks) are permissible only by exception, provided:

i.

The service window or device and all queuing lines are located entirely within an enclosed structure such as a parking garage; or

ii.

When in conjunction with an existing, multi-use building the service window or device is contiguous to and accessed from an improved vehicle use area (e.g. parking lot) other than a Commercial Surface Parking Lot, existing as of 2014, and all queuing lines are located within such approved vehicle use area.

(b)

Auto laundry.

(c)

Thrift stores (retail outlets for the sale of used goods).

(d)

Day Labor pool provided all activities, including waiting or queuing, are completely located within an enclosed facility.

(e)

Private clubs.

(f)

Water's Edge Restaurants, meeting the exception criteria found in Section 656.131, Ordinance Code, and the development standards found in 656.361.5.4.(B).

F.

Sports and Entertainment District.

1.

Bonus uses.

(a)

Commercial recreational or entertainment facilities in completely enclosed buildings or outdoors such as billiard parlors, bowling alleys, swimming pools, skating rinks, dance halls, carnivals or circuses, theaters (including open-air theaters), indoor shooting galleries, archery or blade throwing ranges, pony rides, athletic complexes, arenas, auditoriums, convention centers, go-cart tracks, driving ranges and similar uses, but not adult entertainment or service or adult arcades.

(b)

Manufacturing uses in existence on March 1, 2019.

(c)

Private Clubs.

2.

Uses permissible by exception.

(a)

Drive-in or drive through facilities for any permitted use (including, but not limited to, restaurants, dry cleaners, and banks) are permissible only by exception, provided:

i.

The service window or device and all queuing lines are located entirely within an enclosed structure such as a parking garage; or

ii.

When in conjunction with an existing, multi-use building the service window or device is contiguous to and accessed from an improved vehicle use area (e.g. parking lot) other than a Commercial Surface Parking Lot, existing as of 2014, and all queuing lines are located within such approved vehicle use area.

(b)

Auto laundry.

(c)

Thrift stores (retail outlets for the sale of used goods).

(d)

Water's Edge Restaurants, meeting the exception criteria found in Section 656.131, Ordinance Code, and the development standards found in 656.361.5.4.(B).

G.

Working Waterfront District.

1.

Bonus uses: All uses permitted within the IW Zoning District.

2.

Uses permissible by exception.

(a)

Drive-in or drive through facilities for any permitted use (including, but not limited to, restaurants, dry cleaners, and banks) are permissible only by exception, provided:

i.

The service window or device and all queuing lines are located entirely within an enclosed structure such as a parking garage; or

ii.

When in conjunction with an existing, multi-use building the service window or device is contiguous to and accessed from an improved vehicle use area (e.g. parking lot) other than a Commercial Surface Parking Lot, existing as of 2014, and all queuing lines are located within such approved vehicle use area.

(b)

Day Labor pool provided all activities, including waiting or queuing, are completely located within an enclosed facility.

(c)

Service garage for minor repairs provided there is no outdoor storage of vehicles and vehicle service bays do not face the public right-of-way.

(d)

Bulk storage yard.

(e)

Bulk processing, including flammable liquids.

(f)

Water's Edge Restaurants, meeting the exception criteria found in Section 656.131, Ordinance Code, and the development standards found in 656.361.5.4.(B).

H.

Southbank District.

1.

Bonus uses: None.

2.

Uses permissible by exception.

(a)

Drive-in or drive through facilities for any permitted use (including, but not limited to, restaurants, dry cleaners, and banks) are permissible only by exception and provided the service window or device and all queuing lines are located entirely within an enclosed structure such as a parking garage.

(b)

Filling or Fueling Stations with fewer than eight fueling stations.

(c)

Commercial Surface Parking Lot meeting the exception criteria contained in Section 656.361.5.3.

(d)

Auto laundry.

(e)

Thrift stores (retail outlets for the sale of used goods).

(f)

Service garage for minor repairs provided there is no outdoor storage of vehicles and vehicle service bays do not face the public right-of-way.

(g)

Manufacturing of medical, dental or optical products in conjunction with a retail point of sale or a clinic; or as a standalone facility not to exceed 10,000 square feet.

(h)

Private clubs.

(i)

Water's Edge Restaurants, meeting the exception criteria found in Section 656.131, Ordinance Code, and the development standards found in 656.361.5.4.(B).

(Ord. 2019-196-E, § 6; Ord. 2022-383-E, § 1; Ord. 2025-74-E, § 1)

All Commercial Surface Parking Lots were to come into compliance with the screening and landscaping standards of the former Sections 656.361.16 and 656.361.17 by 2014, thus any existing Commercial Surface Parking Lot that is not in compliance with those regulations is subject to immediate Code Enforcement action. Commercial Surface Parking Lots shall meet the following criteria.

In addition to the general requirements for obtaining a zoning exception, the Downtown Development Review Board must find that a parking deficiency exists in the area the commercial surface parking lot is proposed, that there is a bona fide need from adjacent property owners and users, that an additional supply of parking is necessary, and that the demand cannot be met by existing parking facilities. In addition to the zoning exception criteria listed under Section 656.131(i)—(xiv), to demonstrate a bona fide need, the applicant shall also include the following information as part of the application a parking needs study that provides the following minimum information:

A.

Identify all parking facilities within 700 feet of proposed Commercial Surface Parking Lot, including connections to services that provide access to parking facilities outside of 700 feet;

B.

Identify occupancy rates of identified parking facilities;

C.

Establish the deficiency of parking supply of identified parking facilities;

D.

Identify new users of the proposed commercial surface parking lot;

E.

Identify the number of new users of the proposed commercial surface parking lot;

F.

Identify the end trip of the new users of the proposed commercial surface parking lot;

G.

Identify rate structure for commercial surface parking lot users;

H.

Identify percentage of daily versus monthly users;

I.

Identify parking agreements with users and percentage of public versus private users; and

J.

Any additional information DDRB staff may request to assist in evaluating the necessity of the proposed commercial surface parking lot.

(Ord. 2019-196-E, § 6)

The following additional development standards shall apply to uses permitted and permissible in Downtown:

A.

Personal property storage. It is the intent that self-storage facilities are part of a mixed-use building with ground floor activation.

1.

All storage shall be located within the building, and outside storage of any type, including the outside storage of moving vans, trailers, vehicles and boats, shall not be permitted.

2.

For ground floor building facades that front public streets, at least 50 percent of street frontages shall be devoted as functional space for at least one primary use unrelated to, and not an accessory to, the self-storage facility. For the purposes of meeting this requirement, functional space does not include vehicle use areas, open space, or other non-activation activities, but does include uses such as professional and medical offices, commercial retail sales and services, eating and drinking establishments, and art galleries.

3.

No more than 25 percent of the ground floor building facade fronting a public street may be wrapped with the rental and management office associated with the self-storage facility.

4.

Direct access to the individual self-storage units located in the building shall not be provided from the exterior of the building. Access to the individual self-storage storage units shall be provided by internal hallways.

5.

The minimum height of a building containing a self-storage facility shall be three stories.

6.

The maximum height of a building containing a self-storage facility shall be the maximum height permitted in the Downtown Overlay District in which it is located.

7.

Building facades visible from the public right-of-way must have the appearance of an office, retail or residential building through the use of doors, windows, awnings, and other appropriate building elements.

Personal property storage facilities are prohibited along any waterway.

B.

Water's Edge Restaurants. Water's Edge Restaurants, including those that utilize the open-air dining over sovereign submerged lands option provided by Rule 18-21.004, Florida Administrative Code, are exempt from the 50-foot setback requirement so long as the exception criteria in Section 656.131 and all of the following criteria are met:

1.

The width of the building, or width of a structure blocking the view to the waterfront is not greater than 75 feet;

2.

The restaurant must be open to the general public with no qualifying requirements, such as club membership, stock ownership, or equity interest;

3.

The restaurant is prohibited from blocking a View and Access Corridor;

4.

Only one exempt restaurant is allowed between any two View and Access Corridors;

5.

The height of the building and structure, as measured from the finished floor elevation, is no greater than 20 feet in height, or up to 35 feet in height to accommodate rooftop restaurant, bars, or other activities; and

6.

A Riverwalk Easement of equal required width is provided by the applicant as close as practicable to the waterfront.

(Ord. 2019-196-E, § 6; Ord. 2022-383-E, § 1)

A.

Regulations. These Form Regulations define the design objectives for the elements that determine the image of Downtown, and refine the concepts of the BID Plan, translating it into an operational document that eliminates the guesswork developers and their architects face for development in Downtown Jacksonville.

The intent is to provide for flexibility and creativity in the form or design of individual sites and structures while also defining the space for a vibrant experience within the public realm, and maintaining views of the river from properties and public rights-of-way well back from the river so that the visual connection to the river is enjoyed throughout downtown. Flexibility in the requirements has been built into this Section in order to eliminate the need for Deviations.

The Form Regulations are grouped into two sections: the Private Realm, which applies to buildings and areas within private property; and the Public Realm, the area beyond the edge of Private Realm, that includes the pedestrian zone and vehicular zone.

B.

Guidelines. The Downtown Design Guidelines, as superseded by these Regulations, and as time to time amended by the Downtown Investment Authority consistent herewith, provide a further explanation of the Regulations offering a variety of schematic figure design options to meet the requirements of the Downtown Overlay Zone Regulations. These Guidelines may be amended by the DIA without City Council approval if the amendment is consistent with the BID Plan and this Subpart, but shall be amended to be consistent with these Regulations by July 1, 2020. All development, including new construction and renovation or rehabilitation of existing buildings and structures, should be consistent with the Guidelines as well as complying with the Regulations contained in this Part unless specifically exempted. The Guidelines may be accessed through the City's Legislative Services Division, the DIA website, or the City's website.

C.

Riverwalk Park Design Criteria. All development along the river, both public and private, shall be consistent with the Riverwalk Park Design Criteria dated February 2019 as adopted pursuant to Ordinance 2019-196-E and available on the City website and from Legislative Services as on file with Ordinance 2019-196-E. The Riverwalk Park Design Criteria shall govern the development of the Riverwalk adjacent to the bulkhead and over water along the riverfront of both the north and south banks of the River along the entire river frontage Downtown. The Riverwalk Park Design Criteria provide the design intent and specifications for the development of the Riverwalk. These documents may be accessed through the City's Legislative Services Division, the DIA website, or the City's website.

D.

Application to Historic Buildings. With respect to any locally designated historic landmark, or any contributing structure in the Downtown national historic district, or any federally designated landmark, the following regulations shall not apply to the extent they would require any modification of the historic facade that would otherwise be preserved or restored. If modifications to a historic structure are proposed such that it would no longer be deemed a contributing structure or eligible for local designation, then the modifications to the facade shall conform to the requirements below.

(Ord. 2019-196-E, § 6)

New development and redevelopment of existing structures should contribute to the creation of a coherent, well-defined and active public realm that supports pedestrian activity and social interaction, and to the creation of a well-organized and functional private realm that supports the needs of tenant businesses and residents. New development and redevelopment also should contribute to a visually and functionally integrated pattern of development that reads as a consistent and attractive whole. Thus, the general building forms and functions and how they are organized on the site and in relation to surrounding development have as much to do with the area's character and function as a building's aesthetic characteristics.

A.

Build-to lines/Lot Frontage.

1.

Purpose and Intent: Establishment and support of the civic life of the street are important elements in the creation of a dynamic pedestrian-oriented downtown. Siting buildings at or near the right-of-way line, or the Private Realm edge, gives spatial definition to the Public Realm that is critical to supporting pedestrian activity. Residential uses on the street level shall be spatially separated from the Public Realm sidewalk for privacy. Any setback permitted from the Build-To Line shall accommodate site specific Urban Open Spaces or semi-private Urban Open Spaces to maintain the urban character and streetscape edge and the integration and engagement of the public pedestrian corridors with the proposed public or semi-private Urban Open Space.

2.

Build-To Requirements for all new buildings:

(a)

All new buildings and structures, whether residential or non-residential, shall directly address the public street, Riverwalk, Creekfront Easements, and View and Access Corridors (rather than having buildings oriented to parking lots).

(b)

Buildings shall be pulled forward to the interior edge of the Pedestrian Zone and shall provide continuous frontage along public sidewalks to maintain the urban character and streetscape edge, except where:

(1)

The building is set back to accommodate optional Urban Open Space or vehicular drop-off as allowed below, and such frontage is pedestrian-oriented with pedestrian-scaled elements that work to activate the street along adjacent sidewalks; or

(2)

The building is set back to accommodate an expansion of the Pedestrian Zone which may be for a wider than required Pedestrian Clear Area, Amenity Area or Frontage Area; or

(3)

The buildings are separated for a pedestrian path or vehicular alley, breaking the continuous frontage.

(c)

Public Realm Pedestrian Zone (sidewalk) minimum widths are addressed in detail in subsection 656.361.6.3.B:

(1)

The Pedestrian Clear Area shall be the highest priority within the Pedestrian Zone and generally a minimum of eight feet in width but in no event less than five feet in width in areas of constrained right-of-way;

(2)

The Amenity Area shall be a minimum of four feet in width, except as provided in subsection 656.361.6.3.B.4 in constrained areas;

(3)

The Frontage Area shall be a minimum of two feet in width.

(d)

If the existing sidewalk is less than the minimum required Pedestrian Clear Area, or if there is no sidewalk, and there is not adequate right-of-way between the edge of curb and the right-of-way line to expand the sidewalk to meet the required width, then the developer shall provide an additional building setback in order to provide the space required for the Pedestrian Clear Area.

(e)

If there is no existing sidewalk, one shall be constructed which complies with the width requirements for the Pedestrian Zone.

(f)

Buildings located adjacent to both open space amenities (e.g., plazas, parks, the Riverwalk, Creekfront Easements, and View and Access Corridors to the waterfront) and public streets shall be designed with a dual orientation so that they provide a public face or architecturally appropriate facade to both the primary street frontage and to the public or semi-public urban open space, Creekfront Easements, or View and Access Corridors.

(g)

On corner parcels, building design shall be used to define and activate the intersection as an important node.

(h)

The height and placement requirements within the Riverfront Zones supersede these Build-To requirements in the case of a conflict.

(i)

A set back from the Build-To Line to accommodate a vehicular drop off will be allowed only if all of the following are met:

(1)

No parking or cab standing is allowed; and

(2)

The vehicular use area (stabilized surface upon which vehicles move or park) shall be separated from the right-of-way by an Urban Open Space area at least 25 feet in depth.

(j)

No portion of a vehicular use area may be deemed an Urban Open Space.

(k)

For non-residential use at street level, other than a parking garage, the front plane of the building or structure shall be located as follows:

(1)

On the right-of-way line, unless:

(i)

Additional setback is required to provide the required width for Pedestrian Zones pursuant to the Public Realm Regulations contained in subsection 656.361.6.3, in which case the Build-To line is the new setback line; or

(ii)

On a setback line off the right-of-way provided that the intervening space, utilized by the public but maintained as Private Realm, is developed as Urban Open Space that expressly activates and addresses the public realm (see the Urban Open Space criteria in subsection 656.361.6.3.D), and is to accommodate either: site specific public urban open spaces such as plazas, courtyards, vistas, entryways, or the like; or semi-private spaces such as a sidewalk café or retail uses, which are open to the public during business hours.

(l)

If the development spans the entire length of the block, then Urban Open Space shall be provided either at a corner, or as an indentation from the Build-To Line along a minimum of ten percent of the frontage. The Urban Open Space shall not be merely landscaping, but useable as Public Realm or Semi-private Urban Open Space. See Illustration 6.2.A, below.

Illustration 6.2.A Build-To Line

(m)

For residential units at street level on the street frontage: In order to provide ample visual separation between the residential unit and the public realm, the first floor shall be either:

(1)

Raised a minimum of three feet above the sidewalk; but no greater than six feet, or one foot above the minimum flood elevation; whichever is greater; or

(2)

Set back from the required Pedestrian Zone interior edge the lesser of the setback required to align with the front plane of other residential structures on the street or set back a distance of between five feet and 15 feet, exclusive of stairs that are used to access the dwelling unit. The setback area shall be developed as Urban Open Space or otherwise enhanced to improve the aesthetic appearance from or engagement with the Pedestrian Zone. An example of pedestrian engagement close to the Pedestrian Zone might be an open front porch.

(3)

Access to ground-floor residential units shall be directly from the street to promote active residential street frontage. Stoops, front porches, porticos, and/or forecourts shall be incorporated to buffer residential uses and provide pedestrian interest.

(n)

Parking garages on the street level shall meet the criteria of subsection 656.361.6.2.K (Off Street Parking) and subsection 656.361.6.2.B (Private Realm Urban Open Space).

3.

Build-ToRequirements forexisting buildings. The Build-To Line shall not apply in the event of Major Renovation of an existing building, and the existing facade setback may be maintained. However, the following shall apply:

(a)

If there is existing and conforming surface On-Site Parking, the parking lot shall be re-constructed to meet the requirements of Section 656.361.6.2.K (Off Street Parking) and subsection 656.361.6.2.L (Screening and Landscaping of Surface Parking, Trash Storage, and Loading Areas); and

(b)

The area between the existing building or conforming On-Site Parking and required interior edge of the Pedestrian Zone, if any, shall meet the Urban Open Space requirements of subsection 656.361.6.2.B below.

4.

Deviations from the Build-To Line. Deviations from the Build-To requirements may be allowed by the DDRB only if the decision is based on competent substantial evidence that deviating from the requirement meets all of the General Deviation Criteria contained in subsection 656.361.8.B, and in addition meets all of the criteria listed for the Deviation requested below:

(a)

A Deviation from the Build-To line to modify the requirement of visual separation between the private dwelling unit space and the Public Realm may be allowed only if the applicant can demonstrate that compliance is not feasible on the site due to site specific conditions not generally found within Downtown.

(b)

A Deviation from the Build-To line to permit a building frontage line farther away from the street than the Build-To Line may be allowed only if all of the following are met:

(1)

The streetscape edge shall be maintained by architectural features (arcades and walls), site furnishings (e.g., flagpoles, light standards) or landscape elements (e.g., palms) which provide continuity between the proposed building and the building line of adjoining structures.

(2)

Walls and other features utilized to create a frontage line at the Build-To Line shall not block the view into or out of the semi-private areas.

(3)

A building shall not be set back with only landscape strips along the entire facade facing a street. Instead, Urban Open Spaces shall be consolidated to an area of the building site that creates a mix of hard surfaces and landscaping without the entire building being set back from the street.

(4)

A building shall not be set back to allow on-site parking along the street frontage, even if the streetscape edge contains the architectural features mentioned above.

(c)

A Deviation from the Build-To line to move the building frontage line closer to the street than the Build-To Line may be allowed only if each of the following are met:

(1)

The applicant can demonstrate that compliance is not feasible on the site due to site specific conditions not generally found within Downtown;

(2)

The Pedestrian Zone may in no event be reduced to less than five feet and the combined Pedestrian and Amenity Zones to not less than eight feet; and

(3)

The Pedestrian and Amenity Zones are consistent with the adjacent developed properties.

(d)

A Deviation from continuous frontage or Urban Open Space along the Build To line may be allowed only if the applicant can demonstrate that compliance is not feasible on the site due to site specific conditions not generally found within Downtown.

B.

Urban Open Space: Open to the Public or Semi-Private.

1.

Purpose and Intent: Urban Open Spaces are effectively extensions of the Pedestrian Zone and are to be utilized for public congregation, rest, relaxation, and recreation or enjoyment adjacent to and integrated into the Public Realm corridor and serve to activate the sidewalks and engage pedestrians. Urban Open Spaces shall generally be open to the public or may be Semi-Private such as an outdoor seating restaurant open during business hours of the restaurant. Unless dedicated and conveyed to the City, and the City accepts maintenance thereof, all Urban Open Space shall be maintained by the owner thereof.

2.

Requirements for all Urban Open Space—Open to the public or semi-private:

(a)

Shall be accessible and visible from the adjoining Pedestrian Zone.

(b)

Entryways and steps to these urban open spaces shall be kept wide and welcoming in character.

(c)

Shall be handicap accessible.

(d)

No portion of a vehicular use area or the Vehicular Zone may be deemed an Urban Open Space.

3.

Urban Open Space open to the public: Urban Open Space open to the public shall be designed for public congregation and recreation such as: plazas, courtyards, entry ways, or the like, and shall be designed to integrate, but not interrupt, the streetscape edge at the Build-To Line. See the following Illustrations.

(a)

The following amenities are examples of appropriate Urban Open Space features: ornamental fountains, waterfalls, sculptures, trellises, arbors, seating facilities, landscape features, shade structures, street trees, etc.

(b)

Design features of these Urban Open Spaces shall serve to enhance the visual and functional quality of the adjoining corridor and be compatible with public facilities such as in the Amenity Area of the Pedestrian Zone.

(c)

The Urban Open Space required in order to have a vehicular drop off shall provide landscaping, shade and seating, or other amenities to activate the use of the sidewalk, rather than just landscaping to enhance the structure beyond. This must be an extension of the Pedestrian Zone.

4.

Semi-private Urban Open Space Requirements:

(a)

Semi-private Urban Open Spaces such as a sidewalk café or retail use, which is open to the public during business hours shall be open to the public as patrons a minimum of four hours per day.

(b)

Walls or screening utilized in this area shall not block the view into or out of the semi-private areas, but a physical separation is allowed.

5.

Deviations by the DDRB: Where Urban Open Space is provided as an option in lieu of meeting other requirements, no Deviation from the requirements of Urban Open Space contained in 656.361.6.2.B.2 are allowed unless it can be shown that the Urban Open Space intent of 656.361.6.1.B.1 has otherwise been satisfied. Where Urban Open Space is required by these Regulations, such as in subsection 656.361.6.2.A (Build-to lines/Lot Frontage) regarding a development that spans the entire block length, or the setback of street level residential uses, Deviations may be allowed by the DDRB, and the decision must be based on competent substantial evidence that the request meets the General Deviation Criteria contained in subsection 656.361.8.B, and in addition that:

(a)

If no required Urban Open Space is provided, then visual interest and engagement such as living walls, windows containing displays, or art walls shall be provided.

C.

Building Massing and Form.

1.

Purpose and Intent: It is important that future buildings are designed so that their scale and massing does not overwhelm the Public Realm and make it unattractive or inhospitable. The modulation of a block and the massing of buildings significantly impacts how the size of a building is perceived by a person at street level. New buildings and additions should reinforce the historic pattern with indentations and upper-level step-backs oriented to the many existing low to mid-rise buildings. The following regulations seek to ensure integration of new buildings into the existing character of the area, while allowing for more intense development and taller buildings. Buildings that frame and define the street and express a fine-grain character contribute to the quality of the Public Realm and the pedestrian experience. Well-articulated and detailed street walls are important to the fabric of the City and help to establish a human-scale urban experience. The design of different elements of a building is critical: tower designs create the skyline image of a city; the mid-portions of buildings provide visual interest to pedestrians and serve as attractive backgrounds for public open spaces; and the ground floor designs activate the street and enrich the pedestrian environment.

2.

Requirements:

(a)

Enhance the skyline. The upper portion of a tall building shall be designed to promote the visual interest and variety in the downtown skyline. Existing landmarks shall be respected while responding to the skyline's present and planned profile.

(b)

Create a transition in bulk and scale.

(1)

The massing of a new building shall be composed to create a transition to the height, bulk, and scale of nearby existing developed properties. This Section is not intended to limit permitted height, or restrict new development potential, especially when nearby previously developed properties are vacant or abandoned, or significantly underdeveloped, but to include architectural transitions to the existing development.

(2)

Height limits are established and upper level setbacks from parcel boundaries for tall buildings are encouraged to create large-scale transitions in height, bulk, and scale. More refined transitions in bulk and scale shall also be considered.

(3)

Buildings on District edges shall be developed in a manner that creates a step, or transition, in perceived height, bulk, and scale between the development potential of the adjacent District, unless there is an intervening elevated roadway or bridge structure.

(c)

Block modulation.

(1)

Full block building developments shall be broken up into distinct volumes that are in proportion to one another, while preserving the integrity of the building's design, and create transitions in bulk and scale.

(2)

Repetitive elements or monolithic treatments that create a half- or full-block massing or appearance shall be avoided. Large scale building facades where the total building length is greater than 250 feet fronting a street, shall include a substantial facade modulation or a building mass separation.

(3)

Building design shall use a variety of color, material and texture in order to express variety, avoid monotony and distinguish different building volumes.

3.

Deviations allowed by DDRB:

(a)

Deviations to the skyline, transition, building modulation and massing requirements may be authorized if and in addition to the general Deviation criteria, DDRB finds that the proposed architecture of the building is unique, innovative and will positively impact the downtown image as well as immediately adjacent buildings and development sites.

D.

Height of Buildings and Structures.

1.

Purpose and intent: It is the intent of this subsection to provide the greatest flexibility in creativity and design of individual projects while still respecting the surrounding character of existing patterns of development.

2.

Requirements: The height of buildings and structures is unlimited within the Overlay Zone with the following exceptions:

(a)

Brooklyn District - 90-foot height limit from the centerline of Chelsea St. to Interstate 10, as shown on Map 6.2.D, below;

(b)

LaVilla District - 75-foot height limit;

(c)

Cathedral District - 65-foot height limit;

(d)

Waterfront Design and River Views - See subsection 656.361.6.2.H.

Map 6.2.D

3.

Measurement of structure height. The height of a structure shall be measured from natural grade, or historically modified grade as it exists on March 1, 2019. In the case of a sloped lot within a Riverfront Zone as discussed in this Section, the height of a structure shall be measured from said grade at the lowest portion of the lot within the applicable Riverfront Zone.

4.

Deviations allowed by the DDRB: Deviations to the height limitations in the Brooklyn, LaVilla and Cathedral Districts, other than in the Riverfront Zone, may be allowed by the DDRB if the decision is based on competent substantial evidence that the request meets the General Deviation Criteria contained in subsection 656.361.8.B, and in addition that:

(a)

The Deviation will not adversely impact the uniform District character (i.e. site is on District boundary); and

(b)

The Deviation does not allow development that adversely diminishes the prominence of historically designated buildings in the District; and

(c)

The Deviation will buffer the remainder of the District from elevated roadway or undesirable use or provide a transition to a higher use across the District boundary or the Deviation is requested to permit development of a transit oriented development in the LaVilla District consistent with the LaVilla master plan.

E.

Facade Differentiation.

1.

Purpose and Intent: Building facades are the "walls" that give definition to the public realm, and contribute significantly to the character of an area. The doors, windows, and detailing that animate these facades both activate the streetscape and establish a pleasing sense of order and proportion. It is important that they be neither too dull nor too busy, and that they present a perceptible unity without sacrificing variety. Facade differentiation is essential in order to create architectural interest at the street level, enhance the urban character, and involve the pedestrian on the street with the adjacent building. See Illustration 6.2.E, below. Street level is defined as the space from the sidewalk up 30 feet.

2.

Requirements:

(a)

To provide pedestrian scale and interest, building facades of new structures, or reconstruction of existing facades that face public streets, sidewalks, Urban Open Space areas and other pedestrian areas, shall incorporate differentiated building walls, open and inviting facades, human/pedestrian scale, and variety of detail and form by addressing variation in wall planes, horizontal and vertical articulation, glazing, materials, finishes, and colors.

(b)

Articulation and detailing shall include features such as building entrances, display windows, awnings, canopies, balconies, bays, horizontal banding, sills, fenestration, alcoves, awnings, light fixtures, and other design features that add human scale and visual interest to the facades.

(c)

Articulation of building volumes, changes in rooflines and fenestration patterns, introduction of vertical architectural features such as columns and pilasters, the use of decorative detailing and architectural elements, and changes in building materials and color shall be used to vary facades and define distinct modules of the buildings.

(d)

Facades at the lower levels of the building that face public streets and urban open space areas shall be architecturally subdivided and should include some form of modulation or articulation at appropriate intervals in order to promote visual interest and a comfortable pedestrian scale that is reminiscent of traditional pedestrian-oriented shopping and residential districts.

(e)

Continuous massing at street level that is not articulated with architectural feature expression, shadow relief, projections, setbacks and recesses is prohibited.

(f)

Buildings should incorporate a variety of vertical and horizontal modulations to develop distinct architectural volumes, break up monotonous volumes and create a fine-grain character.

(g)

Solid portions of walls shall contain enhanced materials, deep reveals and scoring, or other textures.

Illustration 6.2.E Facade Differentiation

3.

Deviationsallowed by the DDRB: Deviations may be allowed by the DDRB if the decision is based on competent substantial evidence that the request meets the General Deviation Criteria contained in subsection 656.361.8.B, and in addition that:

(a)

The Public Realm is fully developed and adequately addressed by Urban Open Space; and

(b)

Pedestrian scale and visual interest at the street level is maintained without facade differentiation by other specific features and enhancements to the pedestrian experience.

F.

Building Entrances.

1.

Purpose and Intent: Development should be designed to improve the pedestrian's experience of downtown Jacksonville by respecting existing development patterns, providing frequent pedestrian entries along the street and the waterfronts, providing cover, and signaling the entrance through architectural features rather than relying solely on signage. See Illustration 6.2.F, below.

Illustration 6.2.F Building Entrances

2.

Requirements:

(a)

Pedestrian entrances to buildings shall be well defined and accentuated through the use of facade articulation, architectural detail, and use of materials. Strategies for this include:

(1)

Creating a recessed entry bay;

(2)

Incorporating the entrance into a taller vertical mass (e.g., a small tower) that is differentiated from the rest of the building;

(3)

Sheltering the entrance with a canopy, awning, or overhang;

(4)

Employing architectural features such as columns, pilasters, clerestory windows and sidelights, decorative tiles and light fixtures; and

(5)

Enhancing the ground surface at the entry with decorative paving.

(b)

There shall be at least one pedestrian entrance door on each building elevation facing a street or a waterway, but an entrance is not required on each View and Access Corridor, as shown in Figure 6.2.F below, unless:

Figure 6.2.F Pedestrian Entrances

(1)

The building fronts on more than two streets in which case Pedestrian Entrances shall only be required on two frontages, and an Urban Open Space shall be included on the building facade(s) lacking an entrance; or

(2)

A public entrance on more than one street facade is a demonstrated safety concern as determined by staff of DDRB. If this is determined to be the case, then an Urban Open Space shall be included on the building facade(s) lacking an entrance; or

(3)

in the case of a site with three or more frontages, a building shall locate its service area and loading facilities on one of the least prominent frontages and shall not be required to provide an entrance or urban open space on that facade, but will comply with the screening requirements herein.

(c)

The Pedestrian Entrance(s), which are by definition the main or primary entrances to a building, shall face the street or a waterway and not a parking lot.

(d)

The Pedestrian Entrance(s) to a hotel or residential use, and to an office use in the Brooklyn and Southbank Districts, may be set back from the Build To Line, as required by the Build To Line Section, to provide for a motor court drop-off area.

(e)

If interior-block parking exists, there may be secondary entrances from the parking lot, or mid-block pedestrian passages from the parking lot to the street.

(f)

An entrance shall be provided for each retail or restaurant establishment street frontage exceeding 50 feet. Where such frontages exceed 150 feet, one entrance shall be provided for each 150 feet of frontage or portion thereof.

(g)

Pedestrian ramps within the public right-of-way are prohibited, except where necessary for required disabled access to existing buildings when no alternative is available.

(h)

Features for shade and protection from the rain are required over entrances to buildings. The lowest point of these features shall be no less than 8 feet from the sidewalk measured vertically. See subsection 656.361.6.3.C regarding requirements for protecting pedestrians from the elements.

(i)

The building lobby in an office, hotel or other commercial building shall be designed as a clearly defined and demarcated standout architectural feature of the building.

(j)

Entries to stores and ground-floor commercial uses shall be visually distinct from the rest of the store facade, with creative use of scale, materials, glazing, projecting or recessed forms, architectural details, color and/or awnings. These entries shall have direct at-grade access from the sidewalk or from an Urban Open Space adjacent to and accessible from the sidewalk.

(k)

The use of awnings, canopies, and over-hangs shall be encouraged in order to highlight entrances and give definition to the facade, and to provide shelter and shade over building entrances and display windows. Awnings shall:

(1)

Be in scale with the building and designed to be complementary to the overall design of the building;

(2)

Avoid covering transom windows and other architectural elements;

(3)

Be of durable materials that can stand up to the weather;

(4)

Not interfere with the tree canopy or signage; and

(5)

Provide an eight-foot minimum clearance above the finished sidewalk. See Pedestrian Protection from the Elements subsection below.

3.

Deviations allowed by the DDRB: Deviations from the following requirements may be allowed by the DDRB only if the decision is based on competent substantial evidence that deviating from the requirement meets all of the General Deviation Criteria contained in subsection 656.361.8.B, and in addition meets all of the criteria listed for each requirement below:

(a)

A Deviation from the requirement to have architecturally well-defined entrances, may be allowed only if each of the following are met:

(1)

The overall architecture of the building would be adversely impacted by a well-defined entrance; and

(2)

Other streetscape or Urban Open Space features are incorporated to clearly signal the entrance.

(b)

A Deviation from the requirement that the main entrance must face the street or a waterway may be allowed only if one of the following is met:

(1)

The development is entirely residential or office in the Brooklyn or Southbank Districts, and a courtyard entrance is provided; or

(2)

The development is second story over enclosed surface parking, an interior entrance elevator from the parking provides access, and the exterior of the parking lot is wrapped a minimum of 50 percent of the facade length with retail or other active uses with street or waterway frontage entrances.

(c)

A Deviation from the requirement that a Pedestrian Entrance be provided on each street or waterway frontage, other than as permitted above, may be allowed if the applicant can demonstrate that compliance is not feasible on the site due to site specific conditions not generally found within Downtown.

G.

Transparency.

1.

Purpose and Intent: The urban environment will be enhanced by minimizing the area of blank wall space on the ground-floor level. The purpose of the transparency requirement is to encourage continuity of retail and pedestrian consumer service uses and to provide a pleasant, rich, and diverse experience for pedestrians by visually connecting activities occurring within a structure to adjacent sidewalk and Riverwalk areas, prohibiting fortress-like facades at the street level and avoiding a monotonous environment. All buildings and structures with street or waterway frontage shall meet, as shown in Figure 6.2.G, below, the following requirements.

Figure 6.2.G Transparency

2.

Requirements:

(a)

At least 50 percent of each new or re-constructed building facade, between the height of two feet and ten feet above the sidewalk or Riverwalk grade shall be transparent.

(b)

Uses which can be seen from the sidewalk inside the building within the required transparency area shall be habitable space, or space able to be occupied, and shall not be devoted to parking areas, truck loading areas, vehicular access ways, or storage.

(c)

The required transparency area shall not apply to those portions of building frontage with ground floor residential units located fronting the sidewalk.

(d)

The required transparency area shall not apply to buildings of historic significance, or churches, synagogues or other buildings of religious worship existing as of March 1, 2019.

(e)

Large expanses of solid walls are prohibited and shall not exceed 20 feet in width.

(f)

Reflective or mirror glass, heavily tinted bronze, black or gray glass is prohibited at the street or Riverwalk level.

(g)

Glass materials at street or Riverwalk level shall exhibit visible light transmittance of a minimum of 60 percent.

(h)

Projecting balconies facing public streets shall be an average of no less than 40 percent open or transparent (perforated mesh, 40 percent translucent glass, or open rail) above a height of 18 inches, measured from the balcony walking surface.

3.

Deviations allowed by the DDRB: Deviations may be allowed by the DDRB if the decision is based on competent substantial evidence that the request meets the General Deviation Criteria contained in subsection 656.361.8.B, and in addition that:

(a)

As to a Deviation from the 50 percent ground floor transparency requirement and/or the requirement that no solid wall shall exceed 20 feet in width between two feet and ten feet in height may be allowed only if all of the following are met:

(1)

The use of the ground floor space is unique and not commonly found throughout Downtown (such as a museum, convention center, hospital or arena); and

(2)

The use must be protected from light, or visibility into the space would create bona fide security concerns; and

(3)

The design of the exterior facade incorporates living walls, murals or other facade treatments that would engage the pedestrian in the space where transparency would be required.

(b)

As to a Deviation from the requirement that the transparent area must be occupied space may be allowed only if all of the following are met:

(1)

The use of ground floor space for parking, loading, or storage has been approved by Deviation; and

(2)

The design of the exterior facade incorporates living walls, murals or other facade treatments that would engage the pedestrian in the space where transparency would be required.

H.

Waterfront Design and River Views: setbacks, height and access corridors.

1.

Purpose and Intent: It is the intent of this subsection to encourage and protect enticing views of the river from as many places in downtown as possible by providing View and Access Corridors at the street level, to maximize overall value by providing both enhanced public spaces at the riverfront and by facilitating river and creek views from as many buildings as possible, as well as managing building forms and massing to be respectful of the context of the surrounding buildings and of the pedestrian environment by stepping buildings up from the river and defining height zones as delineated hereunder to allow views around, over and through the architecture, and, to respect the scale of the context in which development occurs. Additionally, it is the intent to encourage activation of the waterfronts by treating them similarly to street fronts, particularly in terms of transparency and building entrances.

Illustration 6.2.H River Views and Height of Buildings

The purpose of the Riverfront Zones, depicted in Table 6.2.H below, is to protect pedestrian scale along the waterfront and provide for spacing horizontally through corridors to promote the views of and access to the river. Because the land generally slopes down to the river, attention must be paid to the views to the river from a higher elevation as one's vantage point recedes from the river.

The purpose of the Waterfront Design regulations is to: 1) protect and promote the City's downtown waterfront as a community resource, 2) provide for an orderly development or redevelopment of the waterfront, 3) foster high quality design of the riverfront development, 4) ensure increased public access to and along the water's edge, and 5) create a pedestrian-oriented environment along the waterfront. The following requirements shall apply to all property located along the St. Johns River waterfront.

2.

Requirements for River View and Access Corridors: View and Access Corridors (which provide both view and physical public access and are generally perpendicular to the waterfront) and rights-of-way shall be maintained by adherence to the following:

(a)

No existing public right-of-way, opened or unopened, or View and Access Corridor as required by this Section, which leads to or toward the riverfront may be closed, abandoned, vacated, or visually blocked from street level up to a height of 35 feet as measured at the river side of the first street that is generally parallel to the river, unless an alternate public View and Access Corridor meeting the requirements below is provided. Any alternate View and Access Corridor shall:

(1)

Be of equal width parallel to the water and length perpendicular to the water as the right-of-way or View and Access Corridor to be closed or blocked; and

(2)

Be located such that the distance between View and Access Corridors after the contemplated closure is no more than 300 feet from the centerline of one to another except as provided in (4) below; and

(3)

Connect to the first street that is generally parallel to the river; and

(4)

Where feasible, align with a longer existing perpendicular View and Access Corridor landward of the first street that is generally parallel to the river. In order to achieve this alignment, a distance of up to 350 feet between rights-of-way and View and Access Corridors would be allowed administratively without the need for Deviation provided the Corridor width is also proportionately increased beyond the 40-foot minimum.

(b)

Where the distances between the centerlines of generally perpendicular rights-of-way or View and Access Corridors running between the first street generally parallel to the river and the river exceeds 300 feet one or more additional 40-foot wide (minimum) and 35-foot in height (minimum) easement(s) for View and Access Corridor(s) to the river shall be provided, generally perpendicular to the river and perpendicular to the first street parallel to the river, to the extent possible, such that the distance between the inside edges of the View and Access Corridor easements or rights-of-way shall not exceed 250 feet. By way of explanation, a building may be designed for River View Zones B and C, and in the unlimited height area, to a maximum of 250 feet in length generally parallel to the river, but more importantly, parallel to the first street that generally parallels the river in order to provide a meaningful view to the river from that first street. If an existing View and Access Corridor is not located every 300 feet (centerline to centerline), then the View and Access Corridor to be provided shall be aligned with a longer existing perpendicular View and Access Corridor landward of the first street that is generally parallel to the river, if feasible. In order to achieve this alignment, a distance of up to 350 feet between Corridors would be allowed administratively without the need for Deviation provided the corridor width is also proportionately increased beyond the 40-foot minimum.

(c)

The View and Access Corridor shall be a landscaped easement, open to the public as a walkway. The View and Access Corridor shall be designed to allow, and specifically invite public physical and visual access to the river. See Illustration 6.2.H-2, below.

Illustration 6.2.H-2 River View Corridors

(d)

A building shall be oriented such that its primary axis is perpendicular to the river and designed so as to minimize impediments to water views from principal public view points at ground level and from higher portions of nearby buildings.

(e)

If a site is redeveloped that previously closed a public right-of-way to the river, that right-of-way shall be reopened or a View and Access Corridor shall be provided over the former right-of-way if the closed portion in question aligns with an existing open and developed right-of-way, across the first street parallel to the river and by reopening the closed portion a longer View Corridor to the river would be achieved than by providing the View Corridor required in 656.361.6.2.H.2(b), above or 656.361.6.2.H (g) below. This provision shall not require the re-opening or prevent the closure of any right-of-way meeting the requirements for superior alternate corridors described in 656.361.6.2.H.2 (a). The intent of these Regulations is to maintain a consistent visual connection with the river, and the historic pattern of street ends at the river provide this connection.

(f)

A View and Access Corridor can be blocked above 35 feet from grade within Zones B and C and within the unlimited height area, but only if it is open and clear up to 35 feet in height as first measured at the river side of the first street that is generally parallel with the river and continuing that clear area level to the river. The View and Access Corridor shall be a minimum of 40 feet in width, beginning at the river and continuing up to and connecting with the first street that generally parallels the river, so that those traveling at ground level along that street can see the river.

(g)

In the event the distance between View and Access Corridors is increased beyond 300 feet as described above in order to allow alignment with a longer perpendicular Corridor or right-of-way, and the width of the View and Access Corridor itself is proportionately increased, the maximum allowable building width adjacent to the View and access Corridor shall also be proportionately increased above the 250-foot maximum. By way of illustration, if a 50-foot wide View and Access Corridor exists at a distance of 350 feet from the next adjacent Corridor, and by adding 25 feet in width to that Corridor it would then align with a longer Corridor perpendicular to the river, the distance to the interior edge of the Corridor could be increased to 325 feet and the building width on the adjacent parcel increased to 275 feet.

3.

Setback from River parallel to the Waterfront. Public access along the riverfront, as well as preservation of river views and pedestrian scale parallel to the waterfront shall be maintained by adherence to the following:

(a)

Consistent with the adopted Community Redevelopment Area Plans for Downtown Northbank and Southbank, a 50-foot minimum setback from the St. Johns River's water edge shall be enforced, except for projects granted a Water's Edge Restaurant exception. This setback may be achieved by providing an average building or vertical structure setback of 50 feet from the bulkhead or mean high water line, with a minimum setback of 40 feet in all locations. No building element or vertical structure that reduces the setback to less than 50 feet may extend more than 50 feet in length parallel to the waterfront, and other portions of the same building shall be setback beyond 50 feet in order to achieve the average setback of 50 feet across the entire building frontage. This waterfront setback is Zone A, from the water's edge measured from the waterside face of the bulkhead or the rip-rap revetment at the Mean High Water Line ("MHWL") extending landward of the river, as established at the time of request for a building permit and DDRB review, as shown in Table 6.2.H and Map 6.2.H below.

Table 6.2.H Riverfront Zones

Map 6.2.H Riverfront Zones Maps

(b)

The Public Realm must be activated and open to the public within the 25 feet closest to the bulkhead or mean high water line. Only public amenities such as street lights, gazebos, shade structures, etc. and signage and interactive or storytelling features, all consistent with the Riverfront Park Design Guidelines, shall be allowed within the 25 feet of Zone A closest to the water.

(c)

In the event the adjacent Riverwalk is already in existence and was constructed over water pursuant to a submerged lands lease, and

(1)

The proposed upland development will provide a continuous connection to the existing Riverwalk by expanding the Riverwalk inward to and beyond the face of the bulkhead or mean high water line; and

(2)

The upland owner has granted to the City unrestricted permission to repair, maintain and enhance the existing Riverwalk in its present location, then Zone A shall be measured from the outside face of the existing Riverwalk inward toward the upland.

(d)

Riverwalk. Within Zone A, a minimum 25 foot wide perpetual easement or dedication of property, running the length of the setback shall be granted to the City for the Riverwalk, adjacent to the bulkhead or mean high water line of the river, whichever is farther upland, for the purpose of construction of a public Riverwalk along the riverfront to be part of a continuous Riverwalk system. Such conveyance shall occur prior to issuance of a building permit for the proposed building or structure. Construction of the Riverwalk shall comply with the provisions of this subsection and the design standards set forth in the Riverwalk Park Design Criteria dated February 2019, as may be amended from time to time, which standards are hereby adopted and on file in the Legislative Services Division, the City Engineer's Office, and the DIA. In the event the adjacent Riverwalk is already in existence and was constructed over water pursuant to a submerged lands lease, such easement or dedication shall be satisfied by either an upland easement entitling the City to obtain a submerged lands lease or a binding agreement consenting to application for and the grant of a submerged land lease to the City for construction, repair, maintenance, replacement and enhancement of the existing Riverwalk.

(e)

In Zone A, outside of the 25-foot band closest to the water, Zone A may be activated with non-permanent structures and furnishings such as tables, chairs and umbrellas that are completely open and accessible to the Riverwalk for use with cafes, bars and the like located outside of Zone A; Urban Open Space amenities such as fountains and public recreational amenities of a height no greater than 18 feet (entirely open to the public without charge); and private accessory uses not to exceed four feet in height, and fully visible from the Riverwalk such as swimming pools, patios, putting greens and other horizontal private outdoor recreational amenities in which case a transparent fence may be allowed no closer to the water than 26 feet from the bulkhead or MHWL separating the private uses from the Riverwalk easement.

4.

Height Zones parallel to the Waterfront. Preservation of river views and pedestrian scale parallel to the waterfront shall be maintained. A Water's Edge Restaurant granted a zoning exception shall not be required to be calculated in the volume bonus. Adherence to the following criteria shall constitute a "safe harbor" that the intent of the Regulation has been achieved without the need for a Deviation:

(a)

In Zones B and C, the height of a structure, including all permanent structures and appurtenances such as roofs over rooftop bars, mechanical equipment, elevator housing, etc., shall generally be limited as provided in Table 6.2.H above, but may be increased if the goal of protecting pedestrian scale along the waterfront is achieved through alternate designs of equal or lower volume thus increasing the open space adjacent to Zone A and providing relief from a continuous development wall plane parallel to the river. The maximum buildable volume within Zone B on a given parcel (45 feet in height × 50 feet in depth x the parcel frontage width generally not to exceed 250 feet) could be used entirely within Zone B or partially or wholly transferred to Zone C, and could be used in any configuration of height and width. Likewise, the buildable volume in Zone C could also be used in any configuration of height and width or transferred wholly or in part to Zone B. By way of example, a height increase would be appropriate where the allowable building width parallel to the river (after taking into account the required view and access easements from interior roadways contained in Section 656.361.6.H.2.) is decreased and the volume of taller building within the applicable zone is equal to or less than the permitted volume within the zone had the height requirement been met. The intent is to allow flexibility for height increases in Zones B and C where public views and access are increased beyond the minimum and to encourage narrower waterfront building frontages with corresponding open space in exchange for increased height thus maintaining the goals of preserving the open feel of the adjacent Zone A and the views from and value of interior properties.

(b)

Furthermore, consistent with the goal of encouraging narrower buildings and greater open space adjacent to View and Access Corridors, an additional volume bonus, as depicted in Illustration 6.2.H, below, shall be available for open space in the first 75 feet of the unlimited height zone parallel and adjacent to Zone C as follows:

To be eligible for volume bonus credit:

(1)

The full height unobstructed open space must be immediately adjacent to the View and Access Corridor(s); and

(2)

The open space must be a continuation and extension of open space provided in Zones A and B effectively providing a wider view to the river continuously from the riverfront to a distance of 175 feet to 250 feet off the river, (unobstructed by any building protrusion at ground level or above grade); and

(3)

The volume bonus shall only be available for height increase in Zone C.

(4)

The volume bonus shall be calculated as the width of the qualified open space that is the distance between (i) the exterior edge of the building at its widest point between the waterfront and 250 feet off the river and (ii) the adjacent View and Access Corridor (including any expansion of the corridor adjacent to the waterfront zones), multiplied by the depth of the additional open space not to exceed 75 feet (distance between 175 feet and 250 feet off the river that is to remain unobstructed) times 150 (the height that would create a continuous plane from the river through Zones B and C to a distance of 250 feet). The resulting volume may be used to increase height in Zone C.

The above illustrates the Open Space Volume Bonus Zone with a constant building plane between the St. Johns River and 250′. In this instance, the bonus volume applied in Zone C is calculated at: 75′ × 75′ × 150′ = 843,750 cubic feet.

Illustration 6.2.H

The above illustrates the Open Space Volume Bonus Zone where the building edge in Zone C is closer to the view/access corridor than the adjacent building edges within 250′ of the St. Johns River. In this instance, the bonus volume applied in Zone C is calculated at: 45′ × 75′ × 150′ = 506,250 cubic feet.

Map 6.2.H (including Volume Bonus)

(c)

The approval of a height increase in Zones B and/or C while maintaining the maximum volume, including any open space volume bonus, shall be administrative based upon a verification that the overall volume allowed by the maximum width and maximum height along the river pursuant to Table 6.2.H is equal to or greater than the volume proposed. Height may be transferred between Zones B and C as well as within a Zone but may not be transferred to Zone A.

5.

Deviations: Except as specifically authorized in this subsection, no Deviation from 656.361.6.2.H. shall be allowed. The ability to deviate from River View Corridors, from Zone A setback or permitted uses, from Zone B and C height limitations where the volume within the Zone is increased without a volume trade as described above, and/or Riverwalk is specifically vested in the City Council.

Deviations may be allowed by the City Council, following consideration and issuance of a recommendation regarding same by DDRB, if the decision is based on competent substantial evidence that the request meets all of the General Deviation Criteria contained in subsection 656.361.8.B, and in addition meets all of the criteria listed below.

(a)

Regarding a Deviation for Zone A Encroachment, the request meets all of the following additional criteria:

(1)

There is no feasible alternative for development of the site; and

(2)

The development provides substitute public benefits through other Urban Open Space or activated semi-private facilities, (such as restaurants, bars, museums or other similar venues open to the public and located on the frontage of the building), or publicly accessible boat slips or water taxi stops, additional public access points beyond those required, wider view or access corridors, or the like.

(b)

Regarding a Deviation from the requirement to provide view and/or access corridors at the specified intervals,

(1)

The development provides substitute public benefits through other Urban Open Space or activated semi-private facilities, (such as restaurants, bars, museums or other similar venues open to the public and located on the frontage of the building), or publicly accessible boat slips or water taxi stops, additional public access points beyond those required, wider view or access corridors, or the like; and

(2)

There are unique characteristics of the site that warrant the Deviation such as alternative major access points. Examples of these would include public parks just beyond the 300-foot boundary, an accessible creekfront bisecting site, or bridge structures or overpasses that would make a View Easement in the required location unnecessary, unusable or undesirable.

(c)

Regarding a Deviation for greater height in Zone B or C where collective volume within the Zones is increased:

(1)

The view and access corridors are increased above the minimum required to provide superior public access to and along the riverfront. By way of example, a height increase could be appropriate where the allowable building width parallel to the river (after taking into account the required view and access easements from interior roadways contained in Section 656.361.6.2.H.2.) is reduced resulting in a narrower waterfront building frontage with corresponding open space increased thus maintaining the goals of preserving the open feel of the adjacent Zone A and the views from and value of interior properties; and

(2)

The development provides substitute public benefits through other Urban Open Space or activated semi-private facilities (such as restaurants, bars, museums or other similar venues open to the public and located on the frontage of the building), or publicly accessible boat slips or water taxi stops; and

(3)

The building or structure shall not have a significant adverse effect upon light, air, solar and visual access of properties surrounding the proposed site or of the river; and

(4)

Sufficient articulation of the building or structure has occurred to respect the scale of adjacent buildings and structures; and

(5)

The increased height of the building or structure is necessary for the successful function of the building or structure; and

(6)

There are unique characteristics of the site that require the Deviation such as overpass structures, bridges, or utility easements that prevent development in some portion of Zone B or C or that require the proposed building to be elevated in order to achieve an equivalent view of the river.

(d)

Deviation for greater height of a free-standing waterfront restaurant than provided in Section 656.361.6.2.H.(4)(d), which shall meet at least the General Deviation Criteria.

I.

Creek Views and Creekfront Design.

1.

Purpose and intent. It is the intent of this Section to encourage enticing views of the creeks from as many places within the vicinity of the creeks as possible, as well as to encourage building forms and massing that is respectful of the context of their surroundings and the pedestrian environment by stepping buildings up from the creeks and defining height zones as delineated hereunder to break up building form to allow views through the architecture, particularly down public rights-of-way, to discourage large undifferentiated building masses and encourage building breaks, respect the scale of the context in which development occurs, including transition between development segments or areas, and encourage a variety of roof forms. The Creekfront Zone is defined as an area 40 feet in width parallel to the top of bank or bulkhead of the creek and includes the setback and easement areas described below.

2.

Requirements.

(a)

A minimum 25-foot wide public use easement (Creekfront Easement) shall be provided along and parallel to each side of McCoy's and Hogan's Creeks to facilitate development of the McCoy's and Hogan's Creek Linear Parks and multiuse trail system. Such easement shall be measured from the bulkhead or top of bank as it exists as of March 1, 2019 or the top of bank of the creek as relocated pursuant to the McCoy's Creek Capital Improvement project, whichever requires less of the adjacent developable lot. Developers of properties along McCoy's and Hogan's Creeks shall negotiate with the City to dedicate an easement or transfer fee title adequate in length and width to the City for a pedestrian walkway, bike path and associated landscaped areas to be funded and maintained by the City.

(b)

View and Access Corridors perpendicular to the creeks shall be preserved and created consistent with requirements for View and Access Corridors to the river contained in subsection 656.361.6.2.H above.

(c)

An average 40-foot, minimum 30-foot setback, from the creeks shall be maintained to provide views and pedestrian scale parallel to the creek frontage. Such setback shall be measured from the bulkhead or top of bank as it exists as of March 1, 2019, or from the property line of the adjacent lot, whichever is greater. No primary structures or parking facilities may be located within the setback, however non-permanent structures such as tables, chairs and umbrellas, that are completely open and accessible to the creekfront easement for use with cafes, bars and the like located outside the setback; pop-up tents and portable kiosks for retail or similar uses that are accessible to the public and not maintained in place overnight; Urban Open Space amenities such as fountains and public recreational amenities; private outdoor recreational amenities that are fully visible from the easement; and semi-private uses meeting the Urban Open Space requirements, all may be allowed within the setback outside the easement area above, provided they do not exceed 18 feet in height.

3.

Deviations: The ability to deviate from these Requirements is specifically vested in the City Council. Deviations for setback encroachment may be allowed by the City Council, following consideration and issuance of a recommendation regarding same by DDRB, if the decision is based on competent substantial evidence that the request meets the General Deviation Criteria contained in subsection 656.361.8.B, and in addition meets all of the criteria listed below:

(a)

Regarding a Deviation for setback encroachment:

(1)

The development provides substitute public benefits through other Urban Open Space or activated semi-private facilities, additional public access points beyond those required, wider view or access corridors, or the like; and

(2)

The location and height of building or structure do not have a significant adverse effect upon light, air, solar and visual access to the creek or the linear park to be constructed within the creekside easement; and

(3)

The reduced setback of the structure or improvement from the creek is necessary for the successful function of the building or structure.

(b)

Regarding a Deviation from the requirement to provide view and/or access corridors at the specified intervals:

(1)

The development provides substitute public benefits through other Urban Open Space or activated semi-private facilities, additional public access points beyond those required, wider view or access corridors, or the like; and

(2)

There are unique characteristics of the site that warrant the Deviation such as alternative major access (view and physical access) points or major vertical infrastructure that prevents or impedes view and access. Examples of these would include public parks just beyond the 300 foot boundary that provide alternate view and access, or bridge structures or overpasses or other impediments would make an access easement in the required location unusable or undesirable.

J.

Rooftops.

1.

Purpose and Intent. Rooftops serve a number of functions. Traditionally, they have housed mechanical equipment, elevator overruns and stair towers. Progressively, they have been integrated into sustainability strategies for buildings, utilizing green roofs and solar equipment. Roofs are now more often used for active uses as well, such as rooftop bars and restaurants, recreation space or gardening.

The roof serves a utilitarian function but can also be seen as a tremendous amenity. It serves as the "fifth facade" when seen from taller adjacent buildings and becomes part of the cityscape. Use of the rooftop for activities, for sustainability, and as a positive contributor to the cityscape are all strongly encouraged. Since they "cap" the building, they have the potential to create an image on the City skyline.

The creation of accessible terraces and urban open space on rooftops is encouraged, particularly to take advantage of views of surrounding features such as the St. Johns River, McCoy's Creek, and Hogan's Creek. The incorporation of "green" roofs into building design to manage stormwater runoff and reduce energy consumption is also strongly encouraged. Permanent roof structures such as mechanical equipment, elevator overruns, stair towers, and permanent roofs over bars or other areas will not count toward the height calculation except within the Riverfront Zones B and C, as shown on Table 6.2.H and Map 6.2.H. In these Riverfront Zones, the height will count toward the volume calculation.

2.

Requirements.

(a)

All roofs shall be considered a "fifth elevation" and should strive to be visually appealing from taller and nearby buildings.

(b)

All mechanical equipment, appurtenances, and access areas shall be intentionally grouped and screened architecturally within fully covered enclosures consistent with the overall composition of the building. This requirement shall not apply to residential buildings where individual equipment for each unit is located on the roof, in which case the equipment shall be screened from street view and shall not exceed five feet in height unless completely enclosed.

(c)

For all commercial buildings, mechanical enclosures shall have a screened or louvered top to improve views from above and to provide required air circulation.

(d)

Independent mechanical screens shall be set back a minimum of ten feet from the building facade.

(e)

Large roof areas (measuring more than 10,000 square feet) are encouraged to exhibit patterns of roofing colors and materials. Roof gardens and eco-roofs can be employed to achieve these patterns.

(f)

Rooftop equipment enclosures shall be designed in such a manner that they not only hide rooftop equipment, but they are integrated into the design of the overall building.

(g)

Open railings, planters, clerestories, skylights, play equipment, parapets, and firewalls may extend up to ten feet above the maximum height limit with unlimited roof coverage.

(h)

Solar collectors may extend up to seven feet above the maximum height limit with unlimited roof coverage.

(i)

The following rooftop features may extend up to 15 feet above the building roof, as long as the combined coverage of all features listed in this subsection does not exceed 20 percent of the roof area, or 25 percent if the total includes stair or elevator penthouses or screened mechanical equipment:

(1)

Solar collectors;

(2)

Stair and elevator penthouses;

(3)

Mechanical equipment; and

(4)

Play equipment and open-mesh fencing, as long as the fencing is at least 15 feet from the roof edge.

(j)

The following rooftop features may extend up to a height of 50 feet above the building roof:

(1)

Radio and television receiving equipment; and

(2)

belfries or spires, together with that portion of the roof that supports them;

(k)

All green roofs shall be designed to permit routine maintenance and irrigation, as necessary.

(l)

All vertical rooftop forms, surfaces, and elements shall use high-quality cladding materials the same as, or similar to, the typical surfaces of the walls below.

(m)

Permanent construction canopies and roofs for rooftop bars and restaurants, recreation facilities, and cabanas shall be considered a part of the total building height.

(n)

Non-permanent shade canopies and umbrellas may extend up to 15 feet above the roof.

(o)

Rooftop swimming pools, decking, patios, and fitness equipment shall be allowed with unlimited coverage.

(p)

There shall be no maximum surface coverage for mechanical equipment on residential building rooftops provided such equipment is less than five feet in height.

3.

Deviations allowed by the DDRB. Deviations from the following requirements may be allowed by the DDRB only if the decision is based on competent substantial evidence that deviating from the requirement meets all of the General Deviation Criteria contained in subsection 656.361.8.B and in addition meets all of the criteria listed for each requirement below:

(a)

As to a Deviation from the requirements for grouping and screening mechanical equipment:

(1)

Due to unique circumstances of the site and the building design, the rooftop regulation cannot be met; and

(2)

Occupants of nearby existing buildings will not be able to see the unscreened equipment from upper story windows or rooftop occupied spaces;

(b)

As to a request for additional height above the rooftop, the Deviation shall be evaluated on the basis of:

(1)

The public benefits provided;

(2)

Consistency with the City's land use policies;

(3)

The feature will be compatible with and will not adversely affect the downtown skyline;

(4)

The feature will not have a significant adverse effect upon light, air, solar and visual access of properties within a 300-foot radius of the subject property boundary lines;

(5)

The feature, supporting structure and structure below will be compatible in design elements such as bulk, profile, color, and materials.

(6)

The feature will not adversely affect the function of existing transmission or receiving equipment within a five-mile radius.

(7)

The increased size is necessary for the successful function of the feature; and

(8)

Due to unique circumstances of the site and the building design, the rooftop Regulation cannot be met.

K.

Off-Street Parking.

1.

Purpose and intent: The impact of parking and service areas, both structured (parking garages) and surface lots, in downtown shall be minimized by:

(a)

Requiring activation of the ground level of parking structures;

(b)

Discouraging new surface parking of greater than six spaces visible from the right-of-way, except On-Site surface parking for residential uses;

(c)

Requiring the screening and landscaping of existing Accessory and On-site surface lots, pursuant to subsection 656.361.6.2.L, by July 1, 2024;

(d)

Locating surface parking lots and garages away from sidewalks and pedestrian connections and within projects or off service alleys;

(e)

Locating loading and service docks away from sidewalks and pedestrian connections;

(f)

Ensuring that design of parking lots minimally affect the pedestrian environment;

(g)

Providing active uses such as shops and restaurants on the ground floor of garages to engage pedestrians;

(h)

Requiring landscaping and architectural treatments to soften the appearance of surface parking lots and parking garages;

(i)

Promoting development of structured parking, particularly within the Central Core District;

(j)

Discouraging surface parking lots in all Districts except the Central Core District where they are prohibited;

(k)

Discouraging the demolition of existing buildings or structures to create surface parking lots; and

(l)

Limiting the number of surface parking spaces allowed based upon Use.

2.

Requirements for Number of Spaces:

(a)

Minimum parking spaces required for any use Downtown: none.

(b)

Maximum surface parking spaces allowed:

(1)

Residential: equal to the minimum requirements stated in Part 6 of this Chapter 656, (ten percent less if located within 700 feet of a transit station entrance);

(2)

Hotel: equal to the minimum requirements stated in Part 6 of this Chapter 656;

(3)

All other uses may have the following maximum number of spaces:

(i)

50 percent of what would be required by Part 6 of the Zoning Code for the use.

(ii)

Within 700 feet of transit station entrance, reduce maximum by ten percent of required above.

(c)

Maximum number of structured parking spaces: unlimited.

(d)

Within the Riverfront and Creekfront Zones, the following additional parking standards shall apply:

(1)

Within 100 feet from the waterfront of the St. Johns River or 50 feet of a Downtown creek, surface parking other than handicap is prohibited, unless it is under a bridge or elevated roadway and is completely screened from the waterfront.

(2)

Drop off areas are not considered "parking."

(3)

Any new surface parking or parking structure is encouraged to make ten percent of the spaces at grade or on the ground floor open to the public at all times; where such public parking is available, signage shall be incorporated to indicate public parking with the big blue "P."

(4)

Parking spaces in any parking garage shall not front the waterway. There must be an intervening non-parking use (such as residential, hotel, office, etc.)

3.

Requirements for Form of Parking areas.

(a)

New parking garages (public or private).

(1)

50 percent of the total ground floor street frontage, not including entrances into the garage, must be activated utilizing one of the methods detailed below:

(i)

Non-parking active use such as retail, commercial, residential, or office use that would activate the street; or

(ii)

Urban Open Space with a minimum 20-foot depth, 20-foot width and 25-foot height; or

(iii)

A combination of non-parking active use and Urban Open Space.

(2)

The required minimum 50 percent activation may be achieved in the aggregate but shall not represent less than 25 percent of each street frontage.

(3)

Notwithstanding the foregoing, property along the Emerald Trail or within the FAB-REP boundary must provide 100 percent non-parking active use or Urban Open Space along all such street frontages less garage entrances.

(4)

To the greatest extent practicable, owners will strive to make 50 percent of spaces open to the public during non-business hours, of the associated business.

(5)

The entire vertical height of an exposed facade of a parking structure, including parking structures integrated within a larger building, shall be clad in a material architecturally compatible with the other occupied floors of the building and/or compatible with the material used to cover the exterior of the abutting building. Such material shall effectively and attractively obscure the view to the interior of all parking decks. Plants may be used to augment the screen.

(6)

Parking structures shall be designed such that sloping circulation bays are not expressed in the exterior treatment of the parking structure on any street frontage.

(7)

The design of the parking structure shall insure that parked cars are not visible from the street level, except as may be unavoidable at entrances and exits.

(8)

Parking structure vehicular ingress and egress shall be located on secondary streets unless there is only one frontage or traffic conditions prohibit.

(9)

Where the parking structure has one street frontage, this frontage shall be considered the primary street.

(10)

Where a parking structure has two or more street frontages, one is primary and the remaining are secondary.

(11)

Prior to final site plan approval of the parking structure by DDRB, the Traffic Engineer shall provide written comment to DDRB staff as to the acceptability of proposed ingress and egress for the parking structure and potential impacts on traffic.

(b)

New surface, or expansion of existing surface parking:

(1)

Prohibited in the Central Core and Southbank Districts;

(2)

In Districts other than the Central Core, new or expansion surface parking of more than six spaces for non-residential uses, whether Accessory or On-Site, is prohibited unless interior to the parcel and wrapped by building on the street frontage;

(3)

For residential use parcels, On-Site or Accessory structured parking shall meet the Requirements of 656.361.6.2.G (Transparency) and for surface parking, shall meet the Requirements of 656.361.6.2.L (Screening and Landscaping of Surface Parking, and Trash, Storage and Loading Areas);

(4)

In the Sports and Entertainment and Working Waterfront Districts, new or expansion of surface parking of more than six spaces for non-residential uses, whether Accessory or On-Site, is allowed so long as it is interior to the parcel and wrapped by building on the street frontage, or as otherwise approved by grant of a Zoning Exception.

(c)

Existing surface parking - (public or private):

(1)

All "Accessory" and "On-site" surface parking shall come into compliance with subsection 656.361.6.2.L, (Screening and Landscaping of Surface Parking, Trash, Storage, and Loading Areas) requirements on or before July 1, 2024.

(i)

Within 90 days of the adoption hereof Notice shall be provided by the Downtown Investment Authority to the owners of record of the existing surface lots impacted by this Section.

(ii)

Within 90 days of the adoption hereof, the Downtown Investment Authority, with the assistance of DDRB, shall update and depict graphically the applicable Screening and Landscaping requirements.

(iii)

Within six months from the date of adoption hereof, the Downtown Investment Authority shall develop a policy and consider the creation of a Parking Screening Grant for cases of economic hardship and to incentivize early compliance with this requirement for Accessory and On-site surface parking.

(2)

All existing Commercial Surface Parking Lots were required to be in compliance with the previous regulations of 656.361.16 and 656.351.17 by the year 2014, thus, to the extent that they are not in compliance, are subject to immediate Code Enforcement action.

(d)

Temporary Surface Parking Lots as described in Sec. 656.361.5.1 (Uses Permitted Generally: applicable to all Overlay Districts zoned CCBD) for Use Z shall not be subject to the screening and landscaping requirements below in 656.361.6.2.L.

4.

Deviations allowed by the DDRB: In compliance with the Comprehensive Plan, no Deviation is allowed to authorize new surface parking in the Central Core or to increase spaces above the maximum allowed in any District within Downtown. No Deviation is allowed from the Screening and Landscaping of Surface Parking, Trash, Storage, and Loading Areas requirements applicable to new surface parking lots in Districts where such parking is allowed. Deviations from the requirements of this subsection K (Off-Street Parking) may be allowed by the DDRB only if the decision is based on competent substantial evidence that deviating from the requirement meets all of subsection 656.361.8.B (General Deviation Criteria), and in addition meets all of the criteria listed for each Deviation below:

(a)

As to a Deviation from the requirement to provide Urban Open Space or non-parking active use on the street frontage:

(1)

Due to unique circumstances of the site and the building design, this requirement(s) cannot be practicably met through any of the alternatives to activate the frontage provided herein; and

(2)

Some other alternative street level activation of the garage frontage is proposed which is found to have a public benefit and is sufficient to screen the parking areas as well as engage the pedestrian.

(b)

As to a Deviation from the restrictions on new On -Site surface parking (in Districts other than the Central Core where no Deviation is allowed):

(1)

The applicant can demonstrate that construction of a parking garage on site or wrapping the surface parking with a building is not feasible on the site due to site specific conditions not generally found within Downtown; and

(2)

There is a demonstrated shortage of available parking within a one-quarter mile radius of the site;

(c)

As to a Deviation from the restrictions on new Accessory surface parking (in Districts other than the Central Core where no Deviation is allowed):

(1)

The applicant can demonstrate that the permitted six spaces is inadequate for its needs and construction of a parking garage or location not visible from the right-of-way is not feasible; and

(2)

There is a demonstrated shortage of available parking within a one-quarter mile radius of the site;

L.

Screening and Landscaping of Surface Parking, Trash, Storage, and Loading Areas.

1.

Purpose and Intent: These requirements are applicable to all new Accessory or On-Site parking lots, and new and existing Commercial Surface Parking lots. Existing Commercial Surface Parking Lots were required to be in compliance with the previous regulations of 656.361.16 and 656.351.17 by the year 2014, and shall continue to be subject to the requirements for screening and landscaping below without any phase in period. Thus, to the extent that they are not in compliance, are subject to immediate Code Enforcement action.

2.

Requirements:

(a)

Screening for trash, storage, loading, outdoor equipment, for new and existing Accessory and On-site surface lots, and for new and existing Commercial Surface Parking Lots. Existing Accessory and On-site surface lots shall meet these standards by July 1, 2024. Existing Commercial Surface Parking Lots shall be subject to immediate Code Enforcement action. Surface parking lots of a size greater than 299 spaces are exempt from this screening fence/wall and hedge requirement. Parking lots containing 299 spaces or less shall be screened along each right-of-way line, as shown in Figure 6.2.L, below, as follows:

Figure 6.2.L

(1)

A three-foot maximum height masonry wall, finished with stucco if smooth concrete block, with a five-foot (minimum) landscape strip with shrubs three feet in height at the time of planting and spaced appropriately for the species so that a complete hedge will be obtained within two years between the wall and the property line. Wrought iron metal picket style fencing shall be placed on top of the masonry wall no taller than three feet in height with the total fence height not exceeding six feet; or

(2)

Six-foot transparent wrought iron style metal fence with three-foot high shrubs, spaced at 2½ feet on center, planted in a five-foot (minimum) landscape strip between the fence and the property line; or

(3)

A 15-foot wide landscape area where vehicles, trash receptacles, equipment, etc. are sufficiently screened to an 85 percent opacity within two years of planting, through a combination of trees and shrubs.

(b)

Chain link fences are prohibited Downtown, unless used for temporary construction fencing only and the fence is covered entirely with a DDRB approved windscreen and the applicant agrees to comply with the DDRB guidelines concerning wind screen fences. All construction site fencing will meet the requirements of the DDRB wind screen regulations in all districts and will be installed on all construction sites within DIA's jurisdiction.

(c)

Landscaping for surface parking. Within the boundaries of Downtown, the requirements of Chapter 656, Part 12 are hereby waived to the extent of any conflict and superseded by the following. Surface parking areas visible from the street or waterfront shall be landscaped according to the following requirements:

(1)

Zero to 50 spaces: Perimeter landscaping adjacent to the right-of-way shall be provided as follows:

(i)

A landscaped area of not less than ten square feet for each linear foot of parking lot street frontage, including driveways shall be provided. The depth of the landscape area may vary, however, at least 50 percent shall be a minimum of a five-foot wide strip. The remaining area shall be provided within 30 feet of the right-of-way;

(ii)

Not less than one tree on each side of a driveway accessing the parking lot shall be provided, but in no case less than one tree for each 50 linear feet of parking lot frontage, or fraction thereof, on the right-of-way;

(iii)

At least 50 percent of the trees planted or preserved shall be medium or large trees, as categorized in the Jacksonville Tree Commission's Approved Tree Planting List, that will provide shade for cars and pedestrians ("Shade Trees"); and

(2)

51 to 299 spaces: In addition to the requirements above for Zero to 50 space surface parking lots, the following shall be provided:

(i)

Each row of parking shall be terminated by a curbed landscape island ("Terminal Island") with inside dimensions of not less than eight feet wide, excluding the curb, and 17 feet long for standard sized parking spaces, and 15 feet long for compact spaces;

(ii)

If a double row of parking spaces is planned, two Terminal Islands shall be provided; and

(iii)

Each Terminal Island shall contain at least one tree (two trees for a terminal island of a double row); and

(3)

300 or more spaces:

(i)

Subject to Subpart C (Landscaping Requirements) of Part 12 (Landscape and Tree Protection Regulations) within this Chapter 656, with the additional requirement to meet the General Criteria for Trees and Required Tree to Soil Volume Ratio stated below; and

(ii)

No Deviations are allowed for the requirement to provide the trees and the landscape strip along the street frontage.

(d)

General Criteria for Trees:

(1)

Tree species shall be chosen from the Jacksonville Tree Commission's Approved Tree Planting List.

(2)

Single trunk trees shall have a minimum four-inch caliper at the time of planting. The height may vary depending on the species of tree;

(3)

Multi-trunked trees shall have a minimum of three trunks and an overall height of 12 feet at the time of planting; and

(4)

Palms shall have a minimum 16 feet of clear trunk at the time of planting.

(e)

Required Tree to Soil Volume Ratio. Soil volume refers to the cubic feet of soil required for adequate root growth of a tree, generally based upon a three-foot depth. A healthy root system is one of the most critical factors enabling trees to withstand hurricane-force winds. In non-urban settings, the soil volume may be much larger due to the space available, and the lack of underground utilities and other obstructions. In an urban setting, the volumes are necessarily lessened due to the limited amount of space. The following are the minimums necessary for successful tree growth, along with other techniques such as utilization of structural soil, suspended sidewalks, root paths, and planting strips:

(1)

Small trees: 300 cubic feet;

(2)

Medium trees: 1,200 cubic feet; and

(3)

Large trees: 1,800 cubic feet.

(4)

A 25 percent reduction is allowed in the volumes when the soil is shared between trees.

(f)

When the capacity of any existing Accessory Parking Lot is increased for any reason, the entire lot must be brought into compliance with all the requirements in this Subpart H pertaining to same prior to the site being utilized as Accessory parking. All Accessory Parking Lots must come into compliance with these regulations on or before July 1, 2024.

3.

Deviations allowed. No Deviation is allowed except as enumerated below. All Deviations must be based on competent substantial evidence that the request meets the General Deviation Criteria contained in subsection 656.361.8.B, and any criteria below.

(a)

No Deviation is allowed from the Screening and Landscaping of Surface Parking, Trash, Storage, and Loading Areas requirements applicable to new surface parking lots in Districts where such parking is allowed;

(b)

Deviations may be allowed by the DDRB for existing lots containing over 50 spaces for the perimeter fencing requirement if it can be shown that there is a substantial public benefit; and

(c)

Deviations for existing and new surface parking lots may be allowed by the DDRB for the planting area requirements if a suitable permeable material is provided for the irrigation of the plant material.

M.

Demolition and Vacant Lot Regulations.

1.

Purpose and Intent: The demolition of structures not only causes a disruption in fabric of the built environment, but can also cause blight and a public nuisance. The following regulations seek to ensure that the demolition of structures is only done when necessary, and once done is replaced by a level site as aesthetically pleasing as possible until future development is accomplished on the site.

2.

Requirements:

(a)

Prior to January 1, 2014, all undeveloped lots were to have met minimum standards including: removal of rubbish and debris; leveling the site by the removal of brick or concrete foundations, etc. and changes in grade; replacement of landscaping removed; and sodding as required by Part 4 of Chapter 320. If a vacant lot has not been brought into compliance with this requirement, it is subject to immediate Code Enforcement action.

(b)

If a lot has a building, structure or use to be demolished, the lot shall also meet the minimum standards as identified below:

(1)

Demolition of any building or structure downtown shall be consistent with Chapter 320, Ordinance Code.

(2)

In addition to the above, prior to the issuance of a demolition permit for a building or structure that is either listed on the National Register of Historic Places, is a contributing structure within Downtown's historic district, or that is designated as a landmark, the following must occur:

(i)

the applicant shall provide a plan for redevelopment of the property;

(ii)

DDRB must determine that the redevelopment plan is in compliance with the BID and CRA Plan; and

(iii)

DDRB must give Conceptual and Final Approval of the redevelopment project.

(3)

Upon the approval by DDRB of the above, and the Building Inspection Division of the demolition, issuance of a City demolition permit, completion of the authorized demolition, and removal of the materials, debris and rubbish from the site, the site shall be restored in accordance with this Section.

(4)

All vacant properties shall be graded to a uniform level, free of irregular surface changes. All concrete slabs, brick foundations, etc. that would prohibit the proper growth of required landscaping, shall be removed from the site. Changes in grade between the subject property and adjacent properties shall be minimized.

(5)

Any landscaping that is removed shall be replaced pursuant to subsection 656.361.6.2.L and as approved by DDRB.

(6)

The vacant lot shall have sod or grass planted on the entire vacant lot pursuant to Part 4, Chapter 320, Ordinance Code, except those areas planted with trees and shrubs, and as approved by DDRB.

(7)

If the vacant lot is used for the storage of materials, equipment, etc., but not cars, the vacant lot shall meet the perimeter landscape requirements of subsection 656.361.6.2.L for lots of a size from zero to 50 spaces.

(8)

All vacant lots brought into conformance with this Section shall be maintained pursuant to Part 5, Chapter 518, Ordinance Code.

(9)

The vacant lot shall not be used to park cars, unless it is approved as a Temporary Parking Lot by the DDRB. Such Temporary Parking Lot shall be catalogued and administered by the DDRB as to the time limits and other factors regarding its temporary nature.

3.

Deviations allowed by the DDRB. All Deviations must be based on competent substantial evidence that the request meets the General Deviation Criteria contained in subsection 656.361.8.B.

(a)

Deviations may be allowed by the DDRB for demolition of structures if it can be shown that there are approved plans for construction redeveloping the site within 1 year.

(Ord. 2019-196-E, § 6; Ord. 2022-383-E, § 1)

The beauty and livability of a city depends greatly on the design of its streets. The character and quality of the space between the curb and the face of a building substantially impacts the way people walking in the city feel about it. Creating comfort for the pedestrian is an important way to generate positive economic activity on the street. Public sidewalks should provide a direct and continuous pedestrian network that connects blocks and buildings to each other with a clear, unobstructed pedestrian travelway that is designed to accommodate the needs of a broad range of users, including the elderly, those with disabilities, and young children. Sidewalks should be richly appointed with improvements and facilities that enhance the pedestrian experience but should avoid clutter and congestion.

A.

Functional Zones and Areas. The Public Realm includes the Pedestrian Zone and the Vehicular Zone, as illustrated in Figure 6.3.A, below.

Figure 6.3.A Public Realm

The Pedestrian Zone Requirements are intended to promote a more walkable downtown by improving pedestrian comfort, safety and convenience. The Pedestrian Zone is further divided into three functional areas. The Pedestrian Clear Area is the middle of the pedestrian zone and primarily accommodates pedestrian circulation. The Amenity Area generally is adjacent to the street and accommodates public facilities such as street trees, ground cover, permeable paving to protect trees from compaction but also allow water to penetrate to the roots, street furniture, trash cans, kiosks, lights, utility poles, and parking meters, signs, and other obstructions to pedestrian travel. These areas are typically distinguished by a change in materials, from hard materials to greenery, though in areas of high pedestrian traffic the amenity area may include less planting and more paving. The Frontage Area is adjacent to building frontages and serves as a transition area where pedestrians do not generally pass as it is directly adjacent to building features. The Pedestrian Zone functional areas are illustrated in Figure 6.3.A-2, below.

Illustration 6.3.A-2

B.

Pedestrian Zone (Sidewalk).

1.

Purpose and Intent. The Pedestrian Zone serves several functions - circulation facility, social space, and amenity area - and must accommodate numerous features and facilities to support these functions. The widths of the Pedestrian Zone areas should vary in response to context, but Pedestrian Zone width should be distributed amongst the three areas according to the following priorities: pedestrian (highest), amenity (middle), frontage (lowest, except when activated as a sidewalk cafe).

2.

Requirements for the Pedestrian Clear Area.

(a)

The Pedestrian Clear Area shall be a minimum of five feet in width in all areas regardless of right-of-way width. Where adequate right-of-way exists beyond the edge of the Vehicular Zone, the Pedestrian Clear Area shall be expanded to at least eight feet (six feet adjacent to permitted sidewalk cafes) prior to expanding the adjacent Amenity Area beyond the four-foot minimum or expanding the Frontage Area. When the right-of-way allows for a greater Pedestrian Zone width, the additional width may be allocated to Amenity Area, Frontage Area or Pedestrian Clear area as desired.

(b)

The Pedestrian Clear Area shall maintain a minimum vertical height clearance of eight feet, clear of overhanging tree limbs, protruding fixtures such as awnings, or other horizontal obstruction.

(c)

Transitions in width of the pedestrian clear areas shall be signaled by a transitional element.

(d)

Paving. Paving shall be installed in the streetscape. The type of paving, design and paving materials shall comply with the standards as set forth in the Downtown Jacksonville Streetscape Standards. Paving may be pervious in certain areas in order to accommodate street trees, as approved by a City Landscape Architect or Arborist.

3.

Requirements for the Frontage Area.

(a)

The Frontage Area shall be a minimum of two feet in width in order to accommodate standpipes, building protrusions and ledges, etc. as well as merchandise displays, planters, art, and portable signage (e.g., menu stand). This zone may expand as desired to accommodate permitted sidewalk café and other similar uses, but only after a minimum six-foot Pedestrian Clear area has been achieved in the case of permitted sidewalk cafes, or eight-foot Pedestrian Clear area has been achieved for any other use within the Frontage Area, and a minimum four-foot Amenity Area has been provided.

(b)

Sidewalk cafes (See Chapter 250, Part 8 (Downtown Sidewalk Cafes), Ordinance Code) are encouraged and shall generally be located in the Frontage Area. However, in certain situations, sidewalk cafes and other commercial activities may be allowed to occupy the Amenity Area rather than the Frontage Area or where extra wide sidewalks occur, in both the Frontage and Amenity Areas.

(c)

Sidewalk cafes that have more formal dining facilities (i.e., offer waiter service to their tables) or more than a single row of tables shall provide a decorative element, such as a railing, rope divider, etc., that delineates the café from the Pedestrian Clear Area.

4.

Requirements for the Amenity Area.

(a)

The Amenity Area shall generally have a depth, as measured from the back of curb, of four feet minimum. Once the eight-foot Pedestrian Clear Area width has been accommodated, and a minimum Frontage Area has been provided, the Amenity Area may be expanded as desired, to accommodate additional trees, shade trees, street furniture and the like. Amenity Area width shall conform to adjacent properties or transitions in width from adjacent Amenity Areas shall be signaled by a transitional element.

(b)

In locations where right-of-way is constrained, in order to prioritize the Pedestrian Clear Area, the requirements for the Amenity Area may be reduced, undulating, or satisfied by bump-outs between on-street parking spaces provided that all required streetlights, traffic signage, trees, street furniture and other amenities are accommodated within such modified Amenity Area(s) and do not interfere with the Pedestrian Clear Area. Also, pervious paving may be allowed in both the Amenity area and the Pedestrian Clear Area to accommodate tree growth and health.

(c)

Vertical fixtures, furnishings, and similar elements within the Amenity Area shall be setback at least two feet from the face of the curb to avoid conflict with on-street parking in areas where on-street parking is allowed. Rights-of-way maintained by the Florida Department of Transportation shall be governed by the standards set by that agency.

(d)

Trash receptacles shall be located in the Amenity Area and generally placed near intersections (but beyond 20 feet from the nose of the intersection), near major building entrances, and adjacent to outdoor seating areas.

(e)

Each receptacle shall prevent wind and rain from entering the container, and have the option of being anchored to the pavement.

(f)

Newspaper racks, if any, shall be consolidated.

(g)

Streetlights. The type, number, and spacing of streetlights shall comply with the standards set forth in the Downtown Jacksonville Streetscape Standards and as approved by the City Engineer.

(h)

Street Furniture. Street furniture shall be installed in the Amenity Area where appropriate. The type, number and spacing of street furniture shall comply with the standards as set forth in the Downtown Jacksonville Streetscape Standards.

(i)

General Criteria for Trees. Trees shall be planted in the streetscape. The type of tree, number of trees, and spacing of trees shall comply with the following standards. To the extent that the Downtown Streetscape Design Guidelines are not inconsistent with these standards, the Guidelines shall be followed.

(1)

Trees and palms shall be chosen from the Jacksonville Tree Commission's Approved Tree Planting List;

(2)

Single trunk trees shall have a minimum four-inch caliper at the time of planting. The height may vary depending on the species of tree;

(3)

Multi-trunked trees shall have a minimum of three trunks and an overall height of 12 feet at the time of planting;

(4)

Palms shall have a minimum of 16 feet of clear trunk;

(j)

Required Tree to Soil Volume Ratio. Soil volume refers to the cubic feet of soil required for adequate root growth of a tree, generally based upon a three-foot depth. A healthy root system is one of the most critical factors enabling trees to withstand hurricane-force winds. In non-urban settings, the soil volume may be much larger due to the space available, and the lack of underground utilities and other obstructions. In an urban setting, the volumes are necessarily lessened due to the limited amount of space. The following are the minimums necessary for successful tree growth, along with other techniques such as utilization of structural soil, suspended sidewalks, root paths, and planting strips:

(1)

Small trees: 300 cubic feet;

(2)

Medium trees: 1200 cubic feet; and

(3)

Large trees: 1800 cubic feet.

(4)

A 25 percent reduction is allowed in the volumes when the soil is shared between trees. See the following link for more information: http://hort.ufl.edu/woody/documents/EP309.pdf.

(k)

Irrigation. Automatic Irrigation systems shall be installed underground to service all trees and other landscape material, and the irrigation system shall be maintained in operable condition at all times. The type and size of irrigation system shall comply with City's Land Development Regulations. An alternative to automatic irrigation may be used upon approval by a City Landscape Architect or Arborist of another method of providing water and nutrients to the tree and other plant material.

(l)

Inspection. Inspection of trees planted pursuant to this subsection shall occur six months after planting to ensure all trees are in healthy condition. Trees found to be in a declining condition shall be replaced within 30 days of notice thereof. If replacement is necessary, there shall be a re-inspection six months after replacement and the provisions of this subsection shall apply to the re-inspection.

5.

Transit Shelter Requirements. Transit shelters shall be installed where appropriate and located within the Amenity Area. The type and design, number, spacing and location of transit shelters shall be approved by the DDRB pursuant to subsection 656.361.7 (Application and Procedure) and comply with the standards set forth in the Downtown Jacksonville Streetscape Standards to the extent that they are not inconsistent with the standards in this ordinance, and as approved by the City's Engineer, if required. The transit shelter design type shall be chosen from at least three options provided by JTA, whose design shall be in keeping with the historic character of the downtown streetscape furniture and street lights, or as approved by the JTA. Such approval by the City's Engineer, if required, shall occur before final approval of the transit shelter by the DDRB. Any changes to the transit shelter after the DDRB approval by JTA and/or the City's Engineer shall be communicated to the DDRB, and approval granted by the DDRB prior to the City's Engineer approving such changes. The following criteria shall apply:

(a)

The permitted transit shelter site, excluding overhangs, shall be no larger than 16 feet long by ten feet high by five feet wide, and no larger than 80 square feet in size.

(b)

The overhang shall have a minimum clearance of eight feet and be set back from the back of curb a minimum of two feet.

(c)

When a shelter is located on the street side of a sidewalk, there shall be a minimum four-foot clearance for pedestrian traffic between the front of the shelter and the nearest back of curb.

(d)

Transit shelters must be at least six feet from any driveway.

(e)

Transit shelters shall only number one per side of street per block, except the bus rapid transit stations as shown on JTA's Jacksonville BRT Phase I map, a copy which is on file with the DIA. The DDRB may approve an exception to allow more than one transit shelter per side of the street per block when it is requested by the transportation authority due to high transit ridership, safety concerns and/or it is in the best interest of the riders.

(f)

Transit shelters must be a minimum of ten feet from an intersection or crosswalk.

(g)

Transit shelters must be a minimum of six feet from any building entrance or exit.

(h)

Transit shelters may not obstruct any view of traffic or roadway signage.

(i)

Transit shelters may be illuminated with lighting that is interior to the structure and shall not interfere with the ability of vehicular users of the road to read traffic signs or see traffic signals.

(j)

Transit shelters shall include, at a minimum, one trash can per shelter and the trash can shall not obstruct the minimum clearance as established in subsection (c) of this Section.

(k)

Transit shelters and associated pull-outs that disrupt more than 50 percent of any one side of the street, per block, shall meet the Downtown Streetscape Design Standards for the side of the street, per block, that is disrupted.

(l)

Existing transit shelters shall not be required to meet these standards until replaced with a new transit shelter, which shall meet the requirements of this subsection.

(m)

Any signage associated with transit shelters and associated areas shall be subject to Chapter 656, Part 13, Subpart B.

(n)

In the event that any portion of this Section, including any exception contained herein, is declared invalid, unenforceable, unconstitutional or void, or is permanently enjoined, or if the existence of any provision of this Section would result in any other portion of this Chapter or Chapter 326 or Article 23 of the Charter being held to be invalid, unenforceable, unconstitutional or void, and the court does not sever such invalid portion of this Section, then the invalid portion of this Section is repealed and invalid and thereafter no signs of the type included within the exemption shall be erected without compliance with the remainder of this Chapter and this Ordinance Code. It is the specific intent that the invalidity of any portion of this Section shall not affect any other section, subsection, paragraph, subparagraph, sentence, phrase, clause or word of this Chapter, Chapter 326, Article 23 of the Charter, or this Ordinance Code.

(o)

Streetscape maintenance agreement. At the time of issuance of a certificate of occupancy, all property owners constructing streetscapes shall be required to execute a maintenance agreement or other similar agreement, in a form acceptable to the City, in which the property owner agrees to (a) maintain and repair all elements of the streetscape when needed, unless the City determines it will maintain and repair the streetscape improvements, and (b) comply with the provisions of Part 5 of Chapter 518.

6.

Deviations. Deviations from the following requirements may be allowed by the DDRB only if the decision is based on competent substantial evidence that deviating from the requirement meets all of the General Deviation Criteria contained in subsection 656.361.8.B, and in addition meets all of the criteria listed for each requirement below:

(a)

A Deviation from the width requirements of the Areas will only be allowed only if such use and facilities enhance the overall quality of the Public Realm and do not impede pedestrian traffic or conflict with access to on-street parking.

C.

Pedestrian Protection from the Elements.

1.

Purpose and intent: In the urban environment and our climate, it is essential to provide pedestrians with protection from sun and rain. Building designs should incorporate features that provide pedestrian shelter from the elements to the greatest extent possible. Protection may come in the form of structures such as overhangs, canopies and awnings, or from shade trees on-site or in the Streetscape.

Illustration 6.3.C Awnings

2.

Requirements for shade.

(a)

There shall be shade provided for at least 40 percent of the Public Realm Pedestrian Zone associated with each new development, such percentage coverage to be measured from the right-of-way line to two feet interior of the face of the curb. Existing street trees may be used in this calculation.

(b)

If shade trees are provided, they must meet the definition, pervious surface requirement, and pruning restrictions as contained in Chapter 656 (Zoning Code) Part 12 (Landscape Code), and must reach the percentage shade coverage requirement within 5 years.

(c)

If Crape Myrtles are used, hat-racking is prohibited.

(d)

In the absence of existing street trees that provide shade in the public right-of-way, the adjacent development shall:

(1)

Incorporate building projections into the right-of-way, roof overhangs, awnings and similar protections from rain, located between eight and 20 feet above grade to provide a minimum 40 percent shade along the frontage; or

(2)

The development shall install trees within the right-of-way to produce 40 percent shade within five years of the issuance of the Certificate of Occupancy. The developer shall consult with the City Arborist for the appropriate tree species for the location and provide the appropriate planting area and soil amendments and structure; or

(3)

A combination of (1) and (2), above.

3.

Requirements for Protection from the elements.

(a)

Protection from the elements, which may include trees or structural features shall be incorporated in new development and in any major renovation of an existing building that alters the exterior of existing building.

(b)

Awnings, arcades, recessed entry doors, or other structural elements that provide shade from the sun and protection from the rain shall be provided over all doors.

(c)

In order to accomplish protection from the elements, portions of a building or structure such as: awnings, balconies, structural elements, overhangs and cantilevered shelters, may be allowed to extend over or into the public right-of-way to within two feet of the curb, subject to the approval of the Director of the Public Works Department, as shown in Figure 6.3.C, below, and subject to compliance with the following:

Figure 6.3.C

(1)

The minimum vertical clearance between the established grade of the public right-of-way and the underside of the encroaching structure is at least eight feet.

(2)

Supporting columns will be permitted within the Pedestrian Zone when the grade level floor of the structure is set back a distance equal to or greater than the Pedestrian Zone area lost to the supporting columns, as shown in Figure 6.3.C above. This requirement shall not apply in the case of an existing building where an addition or alteration may result in the necessity to locate supporting columns within the Pedestrian Zone.

(3)

A Pedestrian Zone consistent with the Public Realm regulations is provided.

(4)

Structures built over the public right-of-way shall not interfere with any element of the streetscape including, but not limited to, lighting, landscaping, and pedestrian circulation.

(5)

The structure extension has been reviewed, with due consideration to public right-of-way width, above ground and underground utilities (including the need for overhead crane access to underground transformers), pedestrian views or visibility, and adjacent structures.

(d)

Buildings or structures may provide awnings, arcades or other structural elements that provide shade from the sun and protection from rain, etc., over windows and other transparent elements, subject to the requirements of this Section.

4.

Deviations allowed by the DDRB: Deviations may be allowed by the DDRB if the decision is based on competent substantial evidence that the request meets the General Deviation Criteria contained in subsection 656.361.8.B, and in addition that:

(a)

Regarding Shade: If it can be shown that due to the height and orientation of the building that shade will be provided on the sidewalk between noon and 6:00 p.m. without the addition of trees or other shade features;

(b)

Regarding Protection from the rain: Entrance porticos, awnings or similar features are architecturally incompatible, and an alternate compatible accommodation is proposed.

D.

Vehicular Zone.

1.

Pedestrian skywalks (over street connections) between buildings are prohibited unless they connect two properties under the same ownership and use and are essential to such use. Examples of essential uses would be public health uses such as hospitals or public services such as mass transit stations. Any proposed skywalk shall be shown on schematic site plans for evaluation. The DDRB shall consider the total impact of the skywalk and its appropriateness to the site and surrounding area including, but not limited to, its effect on shadowing, lighting, transparency, view corridors, and other features of public or private property. DDRB review and approval of the preliminary schematic site plans is required under Section 656.361.9, Ordinance Code, prior to applying for additional approval. After all other required approvals are obtained, the final schematic plans shall be submitted to DDRB for review and approval prior to construction.

E.

Grid Pattern.

1.

Purpose and Intent: The layout of downtown shall maintain the traditional block patterns with a grid of streets, develop currently unopened streets thus minimizing the creation of long distances between vehicular and pedestrian access points, and by requiring new large development proposals to respect the existing downtown street pattern. All buildings, structures and roadway construction shall meet the following criteria:

2.

Requirements:

(a)

All new construction of buildings and structures and rehabilitation of existing buildings and structures shall respect the existing downtown street pattern.

(b)

No closures of right-of-way will be allowed, unless it can be shown to the satisfaction of the DDRB and ultimately the City Council, that the public benefits significantly outweigh the negative impacts on the downtown traffic network.

(c)

No existing public right-of-way, opened or unopened, which leads to or toward the riverfront as shown on the Riverfront Zones Map, as shown in Figure 6.2.H, may be closed, vacated, or visually blocked unless a superior alternate public access and/or view corridor is provided. "Superior" in this circumstance would be providing a view corridor that is longer or wider than the right-of-way being closed.

3.

Deviations allowed: The ability to close or vacate a right-of-way or deviate from this Regulation is specifically vested in the City Council.

(a)

No existing public right-of-way, opened or unopened, which leads to or toward the riverfront as shown on the Riverfront Zones Map, as shown in Figure 6.2.H, may be closed, vacated, or visually blocked unless a superior alternate public access and/or view corridor is provided. "Superior" in this circumstance would be providing a view corridor that is longer or wider than the right-of-way being closed.

(b)

Closures of other Downtown streets and Deviations may be allowed by the Council if the decision is based on competent substantial evidence that the request meets the General Deviation Criteria contained in subsection 656.361.8.B, and in addition that the public benefits significantly outweigh the negative impacts on the downtown vehicular and pedestrian mobility network. In order to determine that the public benefits of the closure(s) significantly outweigh the negative impacts, a positive finding, based on substantial competent evidence, must be made on each of the following criteria as consistent with the BID Plan:

(1)

The proposed closure(s) will not be detrimental to the public health, safety and welfare;

(2)

Pedestrian access is provided and maintained through the proposed development;

(3)

The altered vehicular or pedestrian circulation pattern will provide a more user-friendly transportation route, for both vehicles and pedestrians, and improved corridors by enhanced streetscape improvements; and

(4)

If the closure is to vehicular traffic only and a pedestrian promenade or multi-use path remains, the proposed building(s) and structure(s) will face the right-of-way with pedestrian access from those rights-of-way available to the general public.

(Ord. 2019-196-E, § 6)

A.

Application. All development proposed within downtown shall be reviewed by the DDRB staff for consistency with the Use Regulations, the Form Regulations, the Downtown Design Guidelines, and the Riverwalk Park Design Criteria (if applicable).

All developers are required to meet with DDRB staff and staff of such other City agencies or departments as DDRB staff may determine to be necessary to discuss conceptual designs and other elements of a proposed project for staff review and feedback prior to an application for DDRB review being deemed complete. After the pre-application meeting with staff to discuss the proposed project the applicant may request DDRB staff to agenda the proposed project for Conceptual Approval at the next available DDRB meeting, subject to submittal of required items pursuant to subsection B, below, and completion of such other City reviews as warranted by staff. DDRB staff shall prepare a report to be presented to DDRB recommending approval, approval with condition or denial, which shall incorporate and take into account any comments submitted from any other reviewing City staff.

B.

Required Submissions for Conceptual Approval. The developer shall submit an application containing the following information (Submittals shall be 11 inches by 17 inches in size) to the DDRB staff:

1.

An application for the project (obtained online from the DDRB website);

2.

A vicinity plan and digital photographs showing the project in relation to the surrounding blocks and streets (include all properties within 300 feet of project property boundary lines);

3.

A site plan, including vehicular access, parking, landscaping, existing streetscape, Pedestrian Zone and building footprint (minimum scale: 1′ = 50′0″);

4.

Building massing, showing all sides, and showing the building concept in context with the surrounding buildings, street widths, and streetscape;

5.

A presentation on a USB compatible storage device in PowerPoint or similar format acceptable to DDRB staff that includes all items above, and other information necessary to fully describe the project, or as requested by DDRB staff.

C.

Required Submissions for Final Approval. In addition to the items listed in (1) through (5) above, the following items must be submitted with the application for final approval:

1.

A floor plan;

2.

Building elevations (all sides) (minimum scale: 1/16″ = 1′0″, except if such scale is not practical due to magnitude of the project, a scale agreed to by the DDRB staff may be acceptable);

3.

Site and building section, including sidewalk (minimum scale: 1/16″ = 1′0″, except if such scale is not practical due to magnitude of the project, a scale agreed to by the DDRB staff may be acceptable);

4.

A table outlining the square footage amount and percent of each type of use for each building or structure, including the number of parking spaces to be provided for each use; and

5.

A perspective drawing of the building;

6.

A landscape plan;

7.

A signage plan;

8.

A streetscape plan including a breakdown of the Pedestrian Zone detailing the Pedestrian Clear Area, the Frontage Area and the Amenity Area;

9.

A lighting plan;

10.

Samples of exterior finishes (the samples shall be mounted on a presentation board or other format acceptable to DDRB staff and presented to DDRB); and

11.

A presentation on a USB compatible storage device in PowerPoint or similar format acceptable to DDRB staff that includes all items (1)—(7), above, and other information necessary to fully describe the project, or as requested by DDRB staff (which may also include a traffic impact analysis).

All items shall be in color, fully rendered, and shall incorporate conditions imposed by the DDRB at conceptual approval, if any, including any requested design Deviations pursuant to Section 656.361.8 (Deviations). Submittals shall be 11 inches by 17 inches in size. (Minimum scale for items 1, 2, and 3 above shall be 1/16″ = 1′0″ and (6) through (9) above shall be 1″ = 30′, except if such scale is not practical due to magnitude of the project, a scale agreed to by the DDRB staff at conceptual review may be acceptable). For phased projects, presentation boards may be per phase. On larger projects staff shall also request presentation boards be provided of the building rendering and site plan that are 36 inches by 44 inches in size, or such other size as is acceptable to DDRB staff;

D.

Classification of Projects. Upon receipt of the application and required information, DDRB staff will classify the proposed developments as follows:

1.

Staff Review Only.

(a)

Landscaping sufficiency regarding number, species, size, and placement of trees; soil to tree ratio; and alternatives for irrigation;

(b)

Streetscape elements that comply with the Pedestrian Zone requirements applicable to unconstrained rights-of-way;

(c)

Minor structural changes to exterior facades or structures;

(d)

Signs that comply with Subpart B of Chapter 656, Part 13 - Downtown Sign Overlay Zone;

(e)

Projects that consist only of landscaping, hardscaping, street furnishings, and/or vehicle use area components, and do not require any Deviation;

(f)

Other classifications delegated to DDRB staff by DDRB; and

(g)

Minor changes to applications previously approved by the DDRB.

2.

DDRB Review.

(a)

New construction;

(b)

Major structural changes to exterior facade of existing structures;

(c)

Signs that require a special sign exception pursuant to Section 656.1333(j) and comprehensive sign plans required by Section 656.1333(b)(2), which shall require only Final Approval by DDRB;

(d)

Streetscape elements in constrained rights-of-ways where the generally required minimum Amenity Area, Pedestrian Clear Area, or Frontage Area is reduced in width, shared with the Vehicular Zone or encroaches on private property;

(e)

Staff review classifications deemed appropriate by DDRB staff for review by the DDRB;

(f)

Significant changes to applications previously approved by the DDRB, which shall require only Final Approval by DDRB; and

(g)

DDRB shall have an opportunity to review and provide comments and recommendations for Capital Improvement Projects that are undertaken by, or on behalf of, the City, independent agencies, or the DIA that have a total cost greater than $100,000, a useful life of more than ten years, and that do not require a Deviation or Special Exception. Such projects include, but are not limited to, streetscape projects, road narrowing or lane elimination projects, public buildings, and park or public space projects and do not include projects that are of a purely maintenance or utility infrastructure nature or that are otherwise listed herein as requiring staff review only.

E.

Staff Review. Projects classified as "Staff Review Only" will be reviewed by DDRB staff and approved, approved with conditions, or denied within ten working days of submittal of a complete application. Staff will notify the applicant of an incomplete application within five days of receipt of the application.

F.

Procedures to be followed by the DDRB.

1.

Projects classified as "DDRB Review Required" will be considered by the DDRB at a scheduled meeting within 30 working days of submittal of a completed application at a scheduled monthly DDRB meeting. The applicant may present the project at the meeting.

2.

The DDRB will review projects using a two-step process, except as otherwise provided in this Section. The first step is a Conceptual Approval, whereby the applicant's project will be reviewed and conceptually approved, conceptually approved with conditions or denied based upon the District Regulations, the Downtown Design Guidelines, and the Riverwalk Park Design Criteria, if applicable. The second step is a Final Approval, whereby the applicant brings the project back to DDRB within one year to be reviewed and approved, approved with conditions, or denied based upon the Regulations and applicable Guidelines. Prior to consideration by the DDRB for Final Approval, it is the intent of this Section that the application and project will have received such reviews and approvals as DDRB staff deems necessary so that the DDRB is presented at Final Approval with as complete a project as possible, considering all design, architectural, engineering, traffic, utilities, fire and life safety, environmental, historic, landscape and streetscape and any other site and project development issues which may be associated with completion of the proposed project.

3.

For multi-phase projects consisting of construction or renovation of two or more separate buildings or structures, DDRB review shall be conducted as follows:

(a)

The two-step process outlined in subparagraph (2), above, shall first be applied to conceptual and final approval of the overall development site and consider compliance of the overall site plan with the requirements contained in this Subpart H relating to view corridors, setbacks, heights, street closures, river views and encroachment. Furthermore, the DDRB shall also consider streetscape plans and landscaping plans, if such are available; and

(b)

Following final approval of the overall site plan, the applicant shall then present the development or redevelopment plans for each building or structure contained in the multi-phase project for individual consideration by the DDRB using the two-step process contained in subparagraph (2), above. The DDRB shall also consider all aspects of the project requiring DDRB review and approval pursuant to this Subpart and not considered in the initial site plan approval process described in subpart (a), above.

The intent of this Section is to authorize the DDRB to consider those projects wherein an applicant proposes an overall site development consisting of multiple building development or redevelopment by first considering the overall site layout and cumulative impact of the entire project on surrounding properties and later considering design-type matters associated with the project's individual buildings.

4.

The decision of the DDRB shall be reduced to writing within ten business days, and is effective upon execution by the Chair and the DDRB staff that prepared the written decision.

5.

If a project is denied, the Chief Building Official shall not take any further action concerning the application.

6.

Upon approval of a project with or without conditions by the DDRB, building permits shall be issued for development, subject to compliance with all applicable Building Code requirements, including any required conditions imposed by the DDRB. DDRB approvals shall be valid for one year from the date of approval, but may be extended upon written request to DDRB staff for just cause, but in no event shall an extension be granted for more than one additional year beyond the original approval date. DDRB approvals may be granted for longer periods of time, if the applicant is subject to a Redevelopment Agreement that incorporates:

(a)

A performance schedule of completion for the project;

(b)

An allocation of development rights that is consistent with the Central Business District Future Land Use Category as described in the Future Land Use Element of the City's adopted Comprehensive Plan, the BID Plan, and the Public Facility Level of Service Standards identified in the Capital Improvements Element of the Comprehensive Plan; and

(c)

Applicant participation in the Mobility Plan prioritized projects for Downtown that are approved by DIA and City Council.

7.

Any locally or federally designated landmark, building, structure, site, or structure or site within a locally or federally designated historic district within the Downtown Overlay Zone subject to review under Chapter 307 shall be governed by the provisions of Chapter 307, and the provisions of this Section shall apply to the extent they do not conflict with Chapter 307. These structures are exempt from DDRB Conceptual Review but are required to receive Final Approval by the DDRB after issuance of any required Certificates of Appropriateness.

8.

No Certificate of Occupancy shall be issued by the Building Official until all requirements approved by the DDRB have been completed. The DDRB will review completed projects and will forward a letter to the Building Official indicating whether or not the project has met all of DDRB approved requirements within ten working days of completion of the project. The developer of the project will be required to notify DDRB staff of the completion of the project. Any changes to the approved plan shall be provided to the DDRB or its staff for review and further consideration. No modifications to DDRB approved projects and associated approved building plans shall be submitted to the Building Official for modification until such revised plans have been reviewed and approved by DDRB.

G.

Appeals of Overlay Regulation decisions.

1.

Appeal of DDRB decision to DIA.

(a)

Standing. Except for DDRB decisions pertaining to zoning exceptions, zoning variances or zoning waivers, as outlined in Subpart D of Part 1 of the Zoning Code which are appealable only to the City Council pursuant to Section 656.148, any adversely affected person as defined in Section 656.1601, Ordinance Code, may appeal a final decision of the DDRB to the DIA.

(b)

Notice. Notice of Appeal shall be provided to the DIA Executive Director, at the DIA office within 14 days of the effective date of the written decision. The Notice of Appeal shall be in a form created by the DIA in consultation with the Office of General Counsel. Timing and form of briefs and other papers shall be set out in the Notice of Appeal form.

(c)

Standard of Review. The DIA's review of the appeal shall be a de novo review, without giving deference or weight to the decision of DDRB. DIA shall have the benefit of the record below and may include the same in its review as well as applicable law and additional testimony and evidence. The record shall include all evidence and testimony presented to the DDRB. The DIA may affirm, reverse or modify each written decision or it may remand the matter back to the DDRB with specific instructions for further action, by adopting a written order.

(d)

Procedural Matters. The DIA shall have the authority to:

(1)

Accept briefs and other papers to be filed on behalf of any party, provided all papers are submitted at or prior to the DIA hearing;

(2)

Hear oral argument on behalf of any party;

(3)

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)

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

(5)

Keep a record of all persons requesting notice of the decision in each case;

(6)

Grant withdrawal requests by the appellant; and

(7)

Enter into settlement agreements regarding the matter appealed, so long as there is no financial impact to the City.

(8)

Individually view the property which is the subject of the appeal.

(9)

Adopt appellate procedures similar to the procedures outlined in Sections 656.141 and 656.142, Ordinance Code.

(e)

Decision. The DIA's decision shall be reduced to writing and shall become effective upon execution by the Chair and the DIA staff person that prepared the written decision.

2.

Appeal of DIA decision to City Council.

(a)

Standing. Any adversely affected person may appeal a decision of the DIA to the City Council.

(b)

Notice. Notice of Appeal shall be provided to the Legislative Services Division within 14 days of the effective date of the DIA's written decision. The Notice of Appeal of DIA Decision shall be in a form created by the DIA in consultation with the Office of General Counsel. Timing and form of briefs and other papers shall be set out in the Notice of Appeal form. The Office of General Counsel shall prepare and file a Resolution on the appeal.

(c)

Standard of Review. The Council's review of the appeal shall be limited to a consideration of whether:

(1)

the applicable design criteria contained in the Design Guidelines, the District Regulations and the Riverwalk Park Design Criteria (if applicable) were properly applied by the DDRB and the DIA;

(2)

the decision was supported by competent, substantial evidence; and

(3)

procedural due process was afforded.

The City Council shall have the authority to adopt the Procedural Matters listed above in subsection 656.361.7.G.1. in its determination.

(d)

Decision. If the Council determines the criteria were properly applied, competent substantial evidence supported the decision, and procedural due process was afforded, it shall adopt a resolution to that effect. If the Council determines that the criteria were not properly applied, or the decision was not based upon competent substantial evidence, or procedural due process was not afforded, the Council shall enact a resolution remanding the matter back to the DIA or the DDRB for further consideration. The Council may suggest additional findings or give directions to the DIA or DDRB to assist it in effectively reconsidering the matter. Within ten working days of the Council's remand to the DIA or DDRB, the DIA or DDRB shall consider the matter and within five working days issue a written decision to the applicant and the appellant, with a copy to the Building Official, which shall be deemed to be the final decision of the City.

3.

Appeal of City Council decision to the Courts. Due to the quasi-judicial and de novo nature of the review performed by the City Council, the review upon appeal should be limited to whether due process was afforded, and whether the City applied the correct law, or as otherwise stated, departed from the essential requirements of law.

(Ord. 2019-196-E, § 6; Ord. 2020-695-E, § 3; Ord. 2024-39-E, § 2)

A.

General Considerations.

1.

The Form Regulations identify which body has authority to approve a Deviation from each Section thereof. The DDRB has the authority to grant Deviations for all Form Regulations in subsection 656.361.6.2 except as specified in subsection 656.361.6.2.H (Waterfront Design and River Views: setbacks, height and access corridors) and subsection 656.361.6.2.I (Creek Views and Creekfront Design), which require a final decision by the City Council for specified Deviations. Except as otherwise provided in this Section, any request for a Deviation, whether the final Deviation decision rests with the City Council or the DDRB, shall be heard by the DDRB initially in a Workshop format. Participation by an applicant in a Workshop requires that the designer(s) of the project present the need for the Deviation along with potential alternative design solutions.

2.

The following requests for Deviation are exempt from the Workshop requirement, unless the project fronts the St. Johns River, Hogans Creek, or McCoy's Creek:

(a)

Existing buildings, when the requested Deviation would not expand or intensify the non-conformity;

(b)

Building entrance criteria for new construction; and

(c)

Rooftop criteria for new construction.

3.

The Zoning Administrator shall not have the authority to grant Administrative Deviations in the Overlay Zone.

4.

Certain Form Regulations must be met in their entirety in order for an economic incentive of any kind to be granted to a development. Although Deviations may be granted for design so that the project may be constructed, this does not amount to "meeting" the Regulation in order to establish eligibility for the economic incentive. Approval of an economic incentive by the DIA for a project shall not be taken into consideration by the DDRB in their deliberations regarding the project's consistency with the Use or Form Regulations.

5.

Approval by the DIA of an economic incentive assumes that the project will meet the Regulations as written, without a Deviation. See subsections 656.361.6.2.H and 656.361.6.2.I.

6.

Deviations shall be approved by a 2/3 vote of the membership of the initial jurisdictional body, as well as any appellate procedure. Waiving this requirement shall be stated in the title of the resolution or ordinance pertaining to the Deviation, and shall adhere to the Council Rules regarding the waiver of an ordinance.

7.

All Deviations must be based upon the General Deviation Criteria, in addition to any specific criteria contained in the Section pertinent to that Regulation. All of the General Deviation Criteria must be met, and an explanation of each must be provided by the developer/applicant. A separate positive determination must be made for each criterion by the reviewing body, based upon competent, substantial evidence, in order to grant the Deviation.

B.

General Deviation Criteria.

1.

The effect of the proposed Deviation is consistent with and furthers the objectives, policies, design and intentions of the BID Plan;

2.

The request is not based exclusively upon a desire to reduce the cost of developing the site, but would accomplish a substantial public benefit;

3.

The proposed Deviation will not diminish property values in the area surrounding the site and will not interfere with or injure the rights of adjacent properties;

4.

The request is not a self-imposed hardship;

5.

The proposed reduction or Deviation will not be detrimental to the public health, safety or welfare, result in additional public expense or the creation of nuisances; and

6.

Either there are unique site characteristics such as parcel shape, location, existing utility easements, etc. that prevent development consistent with these Regulations, OR strict compliance with these Regulations will cause undue economic hardship to the developer/applicant. Proof of undue economic hardship must include the following:

(a)

Schematic design showing compliance with the Regulations;

(b)

Schematic design proposed for the Deviation;

(c)

Explanation of how the proposed design attempts to meet the Regulation, and how the cost to do so is prohibitive;

(d)

An estimate, prepared by a credible professional in either the cost of construction or the loss of income:

(1)

Cost of Construction: provided by a licensed contractor, appraiser, or credible professional experienced in the type of construction proposed, comparing the cost of construction to comply with the Regulations with the cost of the design proposed; or

(2)

An estimate, prepared by a licensed appraiser or other credible professional, of the loss of income based upon compliance with the Regulations; and

(e)

Complying with the Regulation must cost 50 percent or more than the cost to implement the proposed design.

(Ord. 2019-196-E, § 6; Ord. 2024-39-E, § 3)

There is hereby established within the DIA, a Downtown Development Review Board (DDRB) to assist the DIA in its duties. The DDRB staff is housed within the DIA, thus "DDRB staff" and "DIA staff" may be used interchangeably. See also Section 55.110, Ordinance Code.

A.

Membership. The DDRB shall consist of 20 members, nine voting members and 11 ex officio members, who shall be appointed by the Mayor and confirmed by the City Council to serve staggered terms of two years. Members of the DDRB shall continue in office for the terms of their respective office or until their qualified successors have been appointed or confirmed. No member appointed to the committee for three consecutive full terms shall be eligible for appointment to the next succeeding term. At each regularly scheduled July meeting, the DDRB members shall elect a chairperson to serve as such for that annual term. In addition, there shall be 11 ex officio members who shall serve in connection with matters which require their technical or professional expertise. The DDRB shall consist of the following:

1.

Voting members. Voting members shall serve for a term of two years commencing on July 1. The architects, landscape architect and contractor, developer or realtor terms as listed in subsection 656.361.9(1)(a)—(c) shall commence in even years; and the downtown property owners' terms and the urban planners' terms as listed in subsection 656.361.9(1)(d) and (e) shall commence in odd years. Nothing herein shall effect partial terms or unexpired terms. Notwithstanding the above, these positions shall serve as follows:

(a)

Two architects, for an initial term of one year and thereafter for a two year term;

(b)

One landscape architect, for an initial term of one year and thereafter for a two year term;

(c)

One contractor, developer or realtor who does work within the downtown area, for an initial term of one year and thereafter for a term of two years;

(d)

Three downtown property owners or owners of or full time employees at a business or professional office as defined in Part 16 of this Chapter 656, located within the downtown area, for an initial term of two years; and

(e)

Two urban planners, for an initial term of two years;

2.

Ex officio nonvoting members:

(a)

Building Official, or designee;

(b)

Traffic Engineer, or designee;

(c)

Director, DIA, or designee;

(d)

Director, Planning and Development Department, or designee;

(e)

The City Council President, or designee;

(f)

Chairman, Downtown Vision, Inc., or designee;

(g)

Director of the Jacksonville Transportation Authority, or designee;

(h)

Chairman, Jacksonville Waterways Commission, or designee;

(i)

Chairman, Jacksonville Historic Preservation Commission, or designee;

(j)

Chairman, First Coast Transportation Planning Organization, or designee, and

(k)

Chairman, Duval County School Board, or designee.

(l)

Each ex officio member shall become a member of the DDRB immediately upon assuming their office or position listed above and shall remain a member for as long as they continue to hold that office or position or until they designate in writing another individual.

B.

Organization and Proceedings.

1.

The DDRB shall adopt rules and procedures necessary for the conduct of its affairs. Five voting members shall constitute a quorum. With a quorum, the majority vote of those members present shall be necessary to take any action.

2.

No member shall serve more than three consecutive full terms. A vacancy shall be filled in the same manner as the original appointment. All members shall serve without compensation.

3.

Members shall continue in office for the term of their respective office, or until they are reappointed and confirmed, or until their qualified successors have been appointed and confirmed.

4.

If any appointed member fails to attend three consecutive meetings without cause and prior approval of the chairman or for any other reason of just cause, that member shall be subject to removal by the Mayor.

5.

Any member may resign from the DDRB by tendering a resignation in writing to the Office of the Mayor with a copy to the Chair of the DDRB and the DIA Director.

C.

Powers and Duties. DIA shall have the responsibility and authority to approve any amendments to the Downtown Design Guidelines, recommend and review proposed changes to the Downtown District Regulations, interpret the BID Plan, approve development and redevelopment projects within the Downtown Overlay Zone, and succeed to all of the powers of the former Downtown Development Authority.

In order to assist the DIA in carrying out this responsibility, the DDRB shall have the following powers and duties:

1.

To review and make decisions with respect to all applications for development and redevelopment regarding use and form within the Downtown Overlay Zone to:

(a)

To ensure consistency and compatibility of all proposed development and redevelopment with the BID Plan;

(b)

To ensure consistency with the Central Business District Future Land Use Category as described in the Future Land Use Element of the City's adopted Comprehensive Plan and Public Facility Level of Service Standards identified in the Capital Improvements Element of the Comprehensive Plan; and

(c)

To consider the design related issues of each application to ensure compliance with these Downtown District Regulations, the Downtown Design Guidelines, The Riverwalk Park Design Criteria, the Downtown Streetscape Design Guidelines, and all related approved design guidelines and standards, subject always to the ultimate authority of the DIA to interpret the BID Plan, the Downtown Overlay Zone, and Downtown Design Guidelines;

2.

To periodically review and make recommendations as necessary to the DIA with respect to these Downtown District Regulations, the Downtown Design Guidelines, the Downtown Streetscape Design Guidelines, and the Riverwalk Park Design Criteria and related development standards and guidelines, including proposed amendments or revisions thereto. Any amendments to the Downtown Design Guidelines shall be recommended by the DDRB for adoption by the DIA. Any proposed amendments to the Downtown District Regulations, the Downtown Streetscape Design Guidelines, and the Riverwalk Park Design Criteria shall be recommended by the DDRB for recommendation to the DIA, who in turn may recommend to the City Council for adoption; and

3.

To review and make decisions regarding requests for zoning exceptions, zoning variances, and other zoning requests, and to review and make recommendations regarding rezonings, including companion Future Land Use Map amendments, pertaining to properties located within the Downtown Overlay Zone that would otherwise be heard by the Planning Commission. However, the Planning Commission remains the Local Planning Agency for matters related to the Comprehensive Plan, including but not limited to Future Land Use Map and text amendments. For rezonings within the Downtown Overlay that have a companion Future Land Use Map amendment, both the Planning Commission and DDRB shall review and make recommendations to the City Council and the DIA, as the case may be; and

4.

To hear appeals from decisions of the DDRB staff; and

5.

To approve requests for Deviations from the Design Guidelines and the District Regulations, other than the Waterfront Design and Riverviews: setbacks, height and access corridors (subsection 656.361.6.2.H), and Creek Views and Creekfront Design (subsection 656.361.6.2.I) and Grid Pattern (subsection 656.361.6.2.E). With respect to Deviation requests from these subsections, the DDRB shall hear and make an advisory recommendation to City Council regarding such Deviation requests.

(Ord. 2019-196-E, § 6; Ord. 2020-695-E, § 3; Ord. 2022-383-E, § 1)

The Council hereby finds and determines as follows:

(a)

Pursuant to the adoption of Ordinance 91-733-570 on January 28, 1992, the City Council established the Springfield Historic District. Since that date, various studies and plans, including the Neighborhood Action Plan, Historic Springfield District, October, 1992, and the Springfield Action Plan dated May, 1997, as revised August, 1998, a copy of which is on file in the Office of the Council Secretary and in the Planning and Development Department, have recommended the implementation of a zoning district overlay to resolve zoning-related problems in the Springfield Historic District.

(b)

The Springfield Historic District consists of more than 12 City blocks, approximately one square mile in size, with 3,800 structures and a population of over 6,900. The number of historic structures totaled 1,890 (115 of which are landmark buildings) in 1991. The District is the largest historic residential district in Florida.

(c)

The Springfield Historic District contains 3,800 dwelling units, 1,890 of which are historic dwelling units. Homestead properties in the area were reported at only 521 in August, 1998. Based on these numbers, only 14 percent of the District was owner occupied as of August 1998.

(d)

Over a period of many years, zoning and land use changes in Springfield have served to encourage the decline of the area and not its redevelopment. The Springfield Historic District has been negatively affected by current zoning districts which do not recognize the unique character of the neighborhood. For many years prior to the establishment of the District, the City allowed intensive and intrusive uses to locate in the neighborhood and did not encourage the type of development that promotes and sustains a stable, economically viable, and primarily single-family/owner-occupied neighborhood. Standard zoning districts also do not recognize the small lots, high lot coverage and other aspects of the neighborhood's unique development pattern.

(e)

Within the one square mile area of the Springfield Historic District, the Council finds there is a disproportionately large number of rooming houses and automotive uses, including automotive sales and repairs and related automotive uses.

(f)

As noted in the Springfield Action Plan, the population of Springfield has been in decline during the course of the past two years. Since 1980, the population in Springfield has decreased from 8,049 persons to a 1990 Census count of 6,969 persons. This decrease is primarily attributable to a decline in household size, an increase in vacancy rate, and a decline in building permit activity. Population projections show a continued decline in population into the year 2020, unless the area becomes more attractive as a place to live and invest. In 1990, average (mean) income was only $8,860 per household (only 48 percent of the County's average). Estimates of poverty levels in 1990 affected nearly 46 percent per cent of these households. Fifty percent of the households had a median income of less than $5,710. Income characteristics as found in census data for 1990, on a Countywide basis, show average incomes have increased by more than 80 percent since 1980. However, similar gains for the Springfield neighborhood have not occurred. In 1990, 52 percent of the households had a median income of less than $10,000 and only 9.4 percent with incomes above the County average of $35,618.

(g)

The Springfield Historic District is an invaluable resource to the City and its citizens and should be preserved for future generations.

(h)

The property disinvestment and blight caused by incompatible zoning and other factors associated with core City decline must be reversed through a comprehensive revitalization program that will include zoning districts tailored to the neighborhood. Standards should allow appropriate and compatible development to proceed without the high costs associated with variances and administrative deviations required to deviate from current lot and use standards.

(i)

The zoning districts and regulations contained in this Subpart I were developed with the participation and assistance of neighborhood residents, property owners and City staff.

(j)

The Planning Commission and the Urban Affairs and Planning Committee considered these districts and regulations, held public hearings and made their recommendations to the Council.

Based on the foregoing findings, the Council hereby establishes the Springfield Zoning Overlay and Historic District Regulations contained in this Subpart I for the purpose of encouraging residential owner-occupants, allowing for mixed uses and home businesses, discouraging over-intensive uses, and providing performance standards and special regulations for uses allowed by exception.

(Ord. 2000-302-E, § 1; Ord. 2017-36-E, § 4)

The definitions contained in Part 16 of the Zoning Code shall apply. Those terms which are specific to this Subpart are defined as follows:

(a)

Original use means the original use of a structure at the time of its construction.

(b)

Historic use means the use of a structure between the time of its construction and 1942 (50 years prior to the date of establishment of the local historic district).

(c)

Live-work lofts means residential units within large, formerly nonresidential buildings such as schools or warehouses that have been converted to residential purposes. Live-work lofts shall be considered multiple-family units.

(d)

Certificate of appropriateness (COA) means a written document approved by the Jacksonville Historic Preservation Commission or administratively by the Jacksonville Planning and Development Department pursuant to Section 307.107 allowing an applicant to proceed with approved alterations, demolition, relocation, or new construction of a designated landmark, landmark site, or property in a historic district, following a determination of the proposal's suitability based upon applicable criteria.

(e)

Interior apartment means a residential unit located within an existing residential structure.

(f)

E-business means a business that produces the majority of its revenue through internet transactions and does not involve on-site storage, handling or distribution of products.

(Ord. 2000-302-E, § 1)

The Springfield Zoning Overlay generally follows the boundaries as depicted in the map (Figure 1) of the Springfield Action Plan, produced by the Jacksonville Planning and Development Department in May, 1997, as revised in August, 1998. Variations from the map in the Springfield Action Plan are reflected in the northern and southern boundaries of the overlay district. More specifically, the Springfield Zoning Overlay includes all parcels located within the following boundaries:

Beginning at the west side of North Main Street where it crosses Hogans Creek; thence north and west along Hogans Creek to Broad Street; thence north along the centerline of Broad Street and Boulevard to the abandoned Seaboard Coast Line railroad right-of-way to north of West 12th Street; thence east along the abandoned railroad right-of-way to North Pearl Street; thence south along the centerline of North Pearl Street to West 12th Street; thence east along the centerline of West 12th Street to North Main Street; thence north along the center of North Main Street to the abandoned Seaboard Coast Line railroad right-of-way north of Warren Street; thence east along the railroad right-of-way to Walnut Street; thence south along the centerline of Walnut Street to East 11th Street; thence east along the centerline of East 11th Street to the right-of-way of the St. Johns River Terminal Company railroad located just east of Ionia Street and Clark Street; thence south along said railroad right-of-way to East First Street; thence west along the centerline of East First Street to its intersection with Walnut Street; thence south along the centerline of Walnut Street to Phelps Street; thence west along the centerline of Phelps Street to North Market Street; thence south along the centerline of North Market Street to its crossing over Hogans Creek; thence west and north along Hogans Creek to the point of beginning.

The Council hereby adopts the Springfield Zoning Overlay, shown at Figure 3B, which is not included herein, but is on file and available for inspection in the Office of the Council Secretary. The land included within this overlay shall be subject to the Springfield Historic District Regulations contained in this Subpart I. These regulations shall supersede the provisions of Chapter 656, Ordinance Code, as applied to all property within the boundaries of the Springfield Zoning Overlay, except as otherwise specifically provided herein.

(Ord. 2000-302-E, § 1)

Springfield Historic Zoning Districts include the following:

I.

Residential Medium Density-Springfield (RMD-S) District.

(a)

Permitted uses and structures.

(1)

Single-family dwellings.

(2)

New two-family dwellings meeting the performance standards and development criteria set forth in this Section.

(3)

Original use two-family dwellings.

(4)

Original use multiple-family dwellings. Such dwellings cannot include more units than were within the structure at the time of construction.

(5)

Community residential homes of six or fewer residents meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code.

(6)

Housing for the elderly meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code, if applicable.

(7)

Family day care homes meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code.

(8)

Foster care homes.

(9)

Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code.

(10)

Churches, including a rectory or similar use, meeting the performance standards and development criteria set forth in Part 4.

(11)

Neighborhood parks, pocket parks, playgrounds or recreational structures which serve or support a neighborhood or several adjacent neighborhoods, meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code.

(12)

Bed and breakfast establishments meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code.

(b)

Permitted accessory uses and structures.

(1)

Interior apartments in connection with single-family, owner-occupied properties, meeting the Springfield performance standards and development criteria set forth in Section 656.369.

(2)

Free-standing garages.

(3)

One free-standing garage apartment in connection with single-family, owner-occupied properties, meeting the Springfield performance standards and development criteria set forth in Section 656.369.

(4)

Original use garage apartments contributing structures only.

(5)

Home occupations meeting the Springfield performance standards and development criteria set forth in Section 656.369.

(6)

Pay phones meeting the Springfield supplemental standards and development criteria set forth in Section 656.369.1.

(7)

Satellite dishes meeting the Springfield supplemental standards and development criteria set forth in 656.369.1.

(8)

Vending machines meeting the Springfield supplemental standards and development criteria set forth in Section 656.369.1.

(c)

Permissible uses by exception.

(1)

Historic use two-family dwellings, with a COA also required after granting of exception.

(2)

Historic use multiple-family dwellings, with a COA also required after granting of exception.

(3)

Elementary and secondary schools meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code.

(4)

Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code.

(5)

Nursing homes meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code, if applicable.

(6)

Private clubs.

(7)

Day care centers meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code.

(8)

Churches, including a rectory or similar use, meeting the performance standards and development criteria set forth in Part 4.

(9)

Home occupations meeting the Springfield performance standards and development criteria set forth in Section 656.369.

(10)

Group care homes, meeting the performance standards and development criteria set forth in Part 4, if applicable.

(d)

Prohibited uses. New rooming houses are not allowed in the district and existing rooming houses must conform to the standards set forth in Section 656.369(f).

(e)

Those uses that were considered legally nonconforming special uses pursuant to Ord. 2000-302-E, § 1 and Ord. 2007-1046-E, §§ 1, 2, that existed prior to December 21, 2000, the effective date of Ord. 2000-302-E, § 1, are permitted as of right if such use is authorized in the property's underlying zoning district. Except where otherwise permitted as of right or by a validly issued exception, such properties shall not expand their square footage, relocate, or increase the number of non-staff residents, and, if the use ceases for six consecutive months, the property shall comply with all current zoning requirements.

(f)

Minimum lot requirements (lot width and area). For single-family dwellings and multiple-family dwellings the minimum lot requirements (width and area), except as otherwise required for certain other uses, are as follows:

(1)

Single-family dwellings

(A)

Lot width: 25 feet.

(B)

Lot area: 2,500 square feet.

(2)

Two-family dwellings:

(A)

Lot width: 75 feet.

(B)

Lot area: 9,000 square feet.

(3)

All other uses:

(A)

Lot width: 75 feet.

(B)

Lot area: 9,000 square feet.

(g)

Minimum building size for (new) two-family dwellings. 2,250 square feet.

(h)

Maximum lot coverage by all buildings and structures. 50 percent. Impervious surface ratio as required by Section 654.129.

(i)

Minimum yard requirements.

(1)

Front setback: Ten-foot minimum and 15-foot maximum or generally compatible with surrounding contributing structures (within 25 percent of average required front yard of adjacent contributing structures).

(2)

Side setback: 14 percent of lot width, rounded off to the nearest whole number divided equally per side.

(3)

Rear setback: Ten feet.

(4)

Garages and garage apartments shall be located within 50 feet of the rear property line, subject further to the following:

(A)

In the case of a through-lot abutting an alleyway, the alleyway shall be deemed to be the rear property line of the parcel.

(B)

In any other instance, the garage or garage apartment shall not be located forward of the front plane of the primary structure on the property.

(j)

Maximum height of structures.

(1)

Principal structures: 45 feet.

(2)

Accessory structures shall be no higher than principal structures.

(k)

Number of off-street parking spaces required. No minimum parking is required, except for churches with more than 50 sanctuary seats, which must provide at least 50 percent of the minimum number of off-street parking spaces required pursuant to Part 6 of the Zoning Code.

II.

Commercial, Residential and Office-Springfield (CRO-S) District.

(a)

Permitted uses and structures.

(1)

Medical and dental or chiropractor offices (but not hospitals).

(2)

Medical and dental or chiropractor clinics (but not hospitals).

(3)

Professional offices.

(4)

Business offices.

(5)

Facilities for the production of eyeglasses, hearing aids, dentures, prosthetic appliances and similar products in conjunction with a professional service being rendered at the time provided.

(6)

Single-family dwellings.

(7)

New two-family dwellings meeting the performance standards and development criteria set forth in this Section.

(8)

Original use two-family dwellings.

(9)

Original use multiple-family dwellings. Such dwellings cannot include more units than were within the structure at the time of construction.

(10)

Private clubs.

(11)

Schools meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code.

(12)

Churches, including a rectory or similar uses, meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code.

(13)

Parks, playgrounds and playfields or recreational or community structures meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code.

(14)

Homes for the aged or orphans and similar uses, meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code, if applicable.

(15)

Libraries, museums and community centers.

(16)

Radio and television broadcasting studios and offices without antenna or transmitting facilities.

(17)

Banks, savings and loan institutions, and similar uses (but not drive-thru tellers).

(18)

Art galleries, music, photography, dance, art, gymnastics, karate and martial arts studios, theaters for stage performances (but not motion picture theaters), and similar uses.

(19)

Vocational, trade or business schools.

(20)

Cosmetology and similar uses.

(21)

Bed and breakfast establishments meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code.

(22)

Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code.

(23)

Community residential homes of up to six residents meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code, if applicable.

(24)

Hospice facilities, meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code, if applicable.

(b)

Limitations on permitted uses. All of the permitted uses in the CRO District are limited by the following conditions, unless otherwise provided:

(1)

Retail sales shall be subject to the criteria set forth in Section 656.369.

(2)

No manufacture, repair, assembly or work of a mechanical nature of any kind shall be permitted and no machinery shall be used other than normal office equipment such as typewriters, calculators, computers and bookkeeping machines.

(c)

Permitted accessory uses and structures. In addition to the requirements of Section 656.403, the following are also permitted accessory uses and structures:

(1)

Interior and accessory apartments in conjunction with any other permitted use except new two-family and original use multiple-family dwellings, meeting the Springfield performance standards and development criteria set forth in Section 656.369.

(2)

Free-standing garages.

(3)

One free-standing garage apartment in connection with single-family, owner-occupied properties, meeting the Springfield performance standards and development criteria set forth in Section 656.369.

(4)

Original use garage apartments in conjunction with contributing structures only.

(5)

Pay phones meeting the Springfield supplemental standards and development criteria set forth in Section 656.369.1.

(6)

Satellite dishes meeting the Springfield supplemental standards and development criteria set forth in 656.369.1.

(7)

Vending machines meeting the Springfield supplemental standards and development criteria set forth in Section 656.369.1.

(d)

Permissible uses by exception.

(1)

Historic use two-family dwellings, with a COA also required after granting of exception.

(2)

Historic use multiple-family dwellings, with a COA also required after granting of exception.

(3)

Live-work lofts meeting the Springfield performance standards and development criteria set forth in Section 656.369.

(4)

Off-street parking lots for premises requiring off-street parking meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code, and the Springfield performance standards and development criteria set forth in Section 656.369.

(5)

Nursing homes, meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code, if applicable.

(6)

Group care homes meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code, if applicable.

(7)

Housing for the elderly, meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code, if applicable.

(8)

Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code.

(9)

Day care centers meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code, if applicable.

(10)

Home occupations meeting the Springfield performance standards and development criteria set forth in Section 656.369.

(11)

Private clubs.

(12)

Churches, including a rectory or similar use, meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code.

(13)

Commercial production and service activities such as:

(A)

Retail outlets for the sale of food and drugs, leather goods and luggage, jewelry (including watch repair but not pawn shops), art, cameras or photographic supplies (including camera repair), sporting goods, hobby shops and pet shops (but not animal kennels), musical instruments, television and radio (including repair incidental to sales), florist or gift shops, delicatessens, bake shops (but not wholesale bakeries), drugs and similar products, and dry cleaning pickup stations.

(B)

Facilities for the production of eyeglasses, hearing aids, dentures, prosthetic appliances and similar products in conjunction with a professional service being rendered at the time.

(C)

The uses in subparagraphs (A) and (B) are subject to the following limitations:

(i)

Sale, display, preparation and storage shall be conducted within a completely enclosed building.

(ii)

Products shall be sold only at retail.

(14)

Restaurants, including facilities for the sale and service of alcoholic beverages for on-premises consumption only, subject to the following conditions:

(A)

Seating shall not exceed a capacity of 40.

(B)

Food is ordered from a menu, prepared and served for pay for consumption on premises only.

(e)

Prohibited uses. New rooming houses are not allowed in the district and existing uses must conform to the standards for rooming houses in Section 656.369(f).

(f)

Those uses that were considered legally nonconforming special uses pursuant to Ord. 2000-302-E, § 1 and Ord. 2007-1046-E, §§ 1, 2, that existed prior to December 21, 2000, the effective date of Ord. 2000-302-E, § 1, are permitted as of right if such use is authorized in the property's underlying zoning district. Except where otherwise permitted as of right or by a validly issued exception, such properties shall not expand their square footage, relocate, or increase the number of non-staff residents, and, if the use ceases for six consecutive months, the property shall comply with all current zoning requirements.

(g)

Minimum lot requirements.

(1)

Lot width:

(A)

Single-family dwellings: 25 feet.

(B)

Two-family dwellings: 75 feet.

(C)

All other uses: 35 feet (except as otherwise required for certain uses).

(2)

Lot area:

(A)

Single-family dwellings: 2,500 square feet.

(B)

Two-family dwellings: 9,000 square feet.

(C)

All other uses: 4,500 square feet (except as otherwise required for certain uses).

(h)

Maximum lot coverage by all buildings and structures. 50 percent. Impervious surface ratio as required by Section 654.129.

(i)

Minimum yard requirements.

(1)

Front setback: Ten-foot minimum and 15-foot maximum or generally compatible with surrounding contributing structures (within 25 percent of average required front yard of adjacent contributing structure).

(2)

Side setback: 14 percent of lot width, rounded off to the nearest whole number divided equally per side.

(3)

Rear setback: Ten feet.

(4)

Garages and garage apartments shall be located within 50 feet of the rear property line, subject further to the following:

(A)

In the case of a through-lot abutting an alleyway, the alleyway shall be deemed to be the rear property line of the parcel.

(B)

In any other instance, the garage or garage apartment shall not be located forward of the front plane of the primary structure on the property.

(j)

Maximum height of structures.

(1)

Principal structures: 45 feet.

(2)

Accessory structures shall be no higher than principal structures.

(k)

Number of off-street parking spaces required. No minimum parking is required, except for churches with more than 50 sanctuary seats, which must provide at least 50 percent of the minimum number of off-street parking spaces required pursuant to Part 6 of the Zoning Code, and live-work loft units, which must provide at least 80 percent of the minimum number of off-street parking spaces required for multiple-family units pursuant to Part 6 of the Zoning Code.

(l)

Special parking standards. The number of parking spaces provided shall not exceed the minimum number of parking spaces required under Part 6 of the Zoning Code.

III.

Commercial Neighborhood Springfield (CN-S) District. This zoning district is designed to accommodate existing historic neighborhood original use commercial properties and new neighborhood commercial uses that are compatible with the residential character of the neighborhood. Properties with original use and historic use neighborhood commercial structures do not have to meet lot, yard, and lot coverage requirements.

(a)

Permitted uses and structures.

(1)

Professional offices.

(2)

Business offices.

(3)

Retail outlets for sale of food and drugs, wearing apparel, sundries and notions, books and stationery, jewelry (including watch repair but not pawnshops), delicatessens, bakeshops (but not wholesale bakeries), drugs and similar products, subject to the other limitations specified in this Section.

(4)

Service establishments such as barber or beauty shops, shoe repair shops, restaurants (limited to 40 seats, without drive-in or drive-thru facilities), with the outside sale and service of food meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code), interior decorators, tailors or dressmakers, subject to the other limitations specified in this Section.

(5)

Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code.

(6)

Churches, including a rectory or similar use, meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code.

(7)

Art galleries, dance, art, gymnastics, karate and martial arts, music and photography studios, and theatres for stage performances (but not motion picture theatres).

(b)

Permitted accessory uses and structures. In addition to the requirements of Section 656.403, the following are also permitted accessory uses and structures:

(1)

Accessory apartments in conjunction with any other permitted use if such apartments are limited to the second story of the building or to under 50 percent of the building ground floor space.

(2)

Pay phones meeting the Springfield supplemental standards and development criteria set forth in Section 656.369.1.

(3)

Satellite dishes meeting the Springfield supplemental standards and development criteria set forth in Section 656.369.1.

(4)

Vending machines meeting the Springfield supplemental standards and development criteria set forth in Section 656.369.1.

(c)

Permissible uses by exception.

(1)

An establishment or facility which includes the retail sale of beer or wine for on-premises consumption, in conjunction with the service of food which is ordered from a menu and prepared or served for pay for consumption on-premises.

(2)

Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code.

(3)

Day care centers meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code.

(d)

Prohibited uses. New rooming houses are not allowed in the district and existing rooming houses must conform to standards for rooming houses in Section 656.369(f).

(e)

Those uses that were considered legally nonconforming special uses pursuant to Ord. 2000-302-E, § 1 and Ord. 2007-1046-E, §§ 1, 2, that existed prior to December 21, 2000, the effective date of Ord. 2000-302-E, § 1, are permitted as of right if such use is authorized in the property's underlying zoning district. Except where otherwise permitted as of right or by a validly issued exception, such properties shall not expand their square footage, relocate, or increase the number of non-staff residents, and, if the use ceases for six consecutive months, the property shall comply with all current zoning requirements.

(f)

Minimum lot requirements (width and area) for all uses.

(1)

Minimum lot width: 40 feet, except as otherwise required for certain uses.

(2)

Minimum lot area: 3,000 square feet, except as otherwise required for certain uses.

(g)

Maximum lot coverage by all buildings and structures. 80 percent. Impervious surface ratio as required by Section 654.129.

(h)

Minimum yard requirements.

(1)

All uses:

(i)

Front setback: No minimum, ten-foot maximum.

(ii)

Side setback: When adjacent to residentially zoned property, a minimum side yard of 15 feet shall be provided.

(iii)

Rear setback—when adjacent to residentially zoned property, a minimum rear yard of 15 feet shall be provided.

(i)

Maximum height of structures.

(1)

Principal structures: 45 feet.

(2)

Accessory structures shall be no higher than principal structures.

(j)

Building width. Building width must exceed 70 percent of lot width.

(k)

Locational criteria. This zoning district is limited to properties with continuous frontage on two streets (excluding alleys).

(l)

Limitations on permitted uses or permissible uses by exception. All of the permitted or permissible uses by exception are subject to the following provisions:

(1)

Sale, display, preparation and storage shall be conducted within a completely enclosed building.

(2)

Products shall be sold only at retail.

(3)

Building footprint limited to 3,000 square feet.

(4)

Gross floor area for nonresidential uses limited to 4,000 square feet.

(5)

Restaurants are limited to 40 seats.

(6)

Only fascia or wall signs are allowed, with a size limitation of 20 square feet.

(7)

Rear and side yards that are adjacent to residentially zoned property must contain a wall, fence, or hedge at least six feet in height. This visual screen must be at least 85 opaque.

(m)

Number of off-street parking spaces required. No minimum parking is required, except for churches with more than 50 sanctuary seats, which must provide at least 50 percent of the minimum number of off-street parking spaces required pursuant to Part 6 of the Zoning Code.

(n)

Special parking standards. The number of parking spaces provided shall not exceed the minimum number of parking spaces required under Part 6 of the Zoning Code.

IV.

Commercial Community/General-Springfield (CCG-S) District.

(a)

Permitted uses and structures.

(1)

Retail outlets for sale of food and drugs, wearing apparel, toys, sundries and notions, books and stationery, leather goods and luggage, jewelry (including watch repair) art, cameras or photographic supplies (including camera repair), sporting goods, hobby shops and pet shops (but not animal boarding kennels), musical instruments, florist or shops, delicatessens, bakeries (but not wholesale bakeries), home furnishings and appliances (including repair incidental to sales), office equipment or furniture, antiques, hardware, new automobile parts (including rebuilt parts not installation, repair or rebuilding of parts) and accessories and similar uses.

(2)

Service establishments such as barber or beauty shops, shoe repair shops, restaurants, interior decorators, reducing salons or gymnasiums, self-service laundries or dry cleaners, tailors or dressmakers, laundries or dry cleaning pickup stations, dry cleaning and laundry package plants in completely enclosed buildings using nonflammable liquids such as perchloroethylene and with no odor, fumes or steam detectable to normal senses from off the premises, radio and television broadcasting offices and studios, communication antennas, funeral homes, marinas, blueprinting, job printing (but not newspaper), radio and television repair shops, travel agencies, employment offices, (but not day labor pools), home equipment rental and similar uses.

(3)

Banks (including drive-thru tellers), loan companies, mortgage brokers, stockbrokers and similar financial institutions.

(4)

All types of professional and business offices, newspaper offices (but not printing), employment offices, union halls, buildings trades contractors (not requiring outside storage or the use of a vehicle in excess of one-ton capacity or equipment, machinery, ditching machines, tractors, bulldozers or other heavy construction equipment) and similar uses.

(5)

Original use single-family dwellings.

(6)

Original use two-family dwellings.

(7)

Original use multiple-family dwellings.

(8)

Commercial indoor recreational or entertainment facilities such as bowling alleys, swimming pools, indoor skating rinks, theaters (including motion picture theaters but not open-air theaters), and similar uses (but not dance halls).

(9)

Art galleries, museums, community centers, music, photography, gymnastics, karate and martial arts studios, theaters for stage performances (but not motion picture theaters) dance, art, vocational, trade or business schools and similar uses.

(10)

Homes for aged and orphans.

(11)

Nursing homes.

(12)

Day care centers or care centers meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code.

(13)

Off-street commercial parking lots meeting the performance standards and criteria set forth in Part 4 of the Zoning Code and the Springfield performance standards and development criteria set forth in Section 656.369.

(14)

Hospitals, sanitariums and similar uses.

(15)

An establishment or facility which includes the retail sale and service of beer or wine for off-premises consumption or for on-premises conjunction with the service of food which is ordered from a menu and prepared or served for pay for consumption on-premises.

(16)

Retail plant nurseries (including outside display but not landscape contractors requiring heavy equipment or vehicles in excess of one-ton capacity).

(17)

Veterinarians meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code.

(18)

Retail outlets for the sale of used wearing apparel, toys, books, luggage, jewelry, cameras, sporting goods, home furnishings and appliances, furniture and similar uses.

(19)

Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code.

(20)

Churches, including a rectory or similar use.

(21)

Schools meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code.

(b)

Permitted accessory uses and structures. In addition to the requirements of Section 656.403, the following are also permitted accessory uses and structures:

(1)

Interior apartments in conjunction with any other permitted use if such apartments are limited to the second story of the building or to under 50 percent of the building ground floor area.

(2)

Pay phones meeting the Springfield supplemental standards and development criteria set forth in Section 656.369.1.

(3)

Satellite dishes meeting the Springfield supplemental standards and development criteria set forth in Section 656.369.1.

(4)

Vending machines meeting the Springfield supplemental standards and development criteria set forth in Section 656.369.1.

(c)

Permissible uses by exception.

(1)

An establishment or facility which includes the retail sale and service of all alcoholic beverages including liquor, beer or wine for on-premises consumption or off-premises consumption or both, including permanent or restricted outside sale and service, meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code.

(2)

New multiple-family structures.

(3)

Live-work lofts meeting the criteria set forth in Section 656.369.

(4)

Crematories.

(5)

Service stations, service garages for minor repairs and car washer.

(6)

Recycling collection points meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code.

(7)

Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code.

(8)

Private clubs.

(9)

Restaurants with the outside sale and service of food meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code.

(10)

Billiard parlors.

(11)

Residential treatment facilities for persons with disabilities, meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code, if applicable.

(12)

Emergency shelter homes, meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code, if applicable.

(d)

Intensive uses.

(1)

Prohibited uses. New rooming houses are not allowed in the district and existing uses must conform to standards for rooming houses in Section 656.369(f).

(2)

Automotive uses. Existing automotive-related uses, including auto repair, auto sales, tire stores, and similar uses, must conform to the following standards within three years from the effective date of this ordinance:

(A)

No outdoor storage or car display is allowed unless it is screened from adjacent residences by a wall, fence or hedge. This visual screen must be at least six feet in height and at least 85 percent opaque.

(B)

Any new outdoor car display or temporary storage of properly licensed automobiles and pick-up trucks must be screened from a public street by wrought iron style fencing of iron, steel, or aluminum construction with vertical pickets, or by a combination of a masonry retaining wall with wrought iron style fencing, which fencing shall be located within ten feet of the public right-of-way.

(C)

Hours of operation are limited to 7:00 a.m. to 7:00 p.m.; and

(D)

Parking of cars and storage of material is not allowed on public rights-of-way, sidewalks, and adjacent properties.

(E)

Facilities that are adjacent to residentially zoned property or that are located across a public right-of-way or alley from residentially zoned property must perform activities that produce sustained and objectionable noise solely within soundproofed buildings or within buildings with bays that do not face residentially-zoned properties.

(e)

Those uses that were considered legally nonconforming special uses pursuant to Ord. 2000-302-E, § 1 and Ord. 2007-1046-E, §§ 1, 2, that existed prior to December 21, 2000, the effective date of Ord. 2000-302-E, § 1, are permitted as of right if such use is authorized in the property's underlying zoning district. Except where otherwise permitted as of right or by a validly issued exception, such properties shall not expand their square footage, relocate, or increase the number of non-staff residents, and, if the use ceases for six consecutive months, the property shall comply with all current zoning requirements.

(f)

Minimum lot requirements (width and area). None, except as otherwise required for certain uses.

(g)

Maximum lot coverage by all buildings. None, except as otherwise required for certain uses. Impervious surface ratio as required by Section 654.129.

(h)

Minimum yard requirements.

(1)

Front setback: None, maximum ten feet.

(2)

Side setback: None, if the building on the adjacent lot is built to the property line or if the adjacent lot is vacant. Unless no space is left between buildings on adjacent lots, a space of not less than six feet shall be provided between buildings. Where the lot is adjacent to a residential district, a minimum setback of 15 feet shall be provided.

(3)

Rear setback: 15 feet.

(i)

Maximum height of structures.

(1)

Principal structures: 45 feet.

(2)

Accessory structures shall be no higher than principal structures.

(j)

Building width: Building width must exceed 70 percent of lot width.

(k)

Limitations on permitted uses or permissible uses by exception. All of the permitted and permissible uses by exception in the CCG-S District are subject to the following provisions:

(1)

Sales, service and display, preparation and storage shall be conducted within a completely enclosed building, unless otherwise provided for.

(l)

Number of off-street parking spaces required: No minimum parking is required, except for churches with more than 50 sanctuary seats, which must provide at least 50 percent of the minimum number of off-street parking spaces required pursuant to Part 6 of the Zoning Code, and multiple-family and live-work loft uses, which must provide at least 80 percent of the minimum number of off-street parking spaces required pursuant to Part 6 of the Zoning Code.

(m)

Special parking standards:

(1)

The number of parking spaces provided shall not exceed the minimum number of parking spaces required under Part 6 of the Zoning Code.

(2)

On-site or off-site parking areas are allowed within 30 feet of a street right-of-way if a wall is provided parallel to the right-of-way. This wall shall be located within ten feet of the right-of-way or shall generally follow the front wall of surrounding buildings. The wall shall be a three-foot high solid wall with a three-foot high metal picket fence on top of the wall.

(Ord. 2000-302-E, § 1; Ord. 2004-815-E, § 1; Ord. 2017-36-E, § 5; Ord. 2019-375-E, § 1)

The following permitted uses or permissible uses by exception shall meet the performance standards and criteria listed under each use. These uses are in addition to, rather than in lieu of, the supplementary regulations of Section 656.401, as applicable.

(a)

Interior apartments. Interior apartments shall be allowed subject to the following criteria:

(1)

Interior apartments are limited to one single-family unit per lot and shall be allowed within structures over 1,600 square feet.

(2)

Within the RMD-S District, the owner of a principal structure with an interior apartment must reside on the premises.

(3)

The maximum size of the interior apartment shall not exceed 1,000 square feet or 25 percent of the principal structure floor area, whichever is less. If the property also has a home occupation operating under the provisions of this Section, the total floor area devoted to both uses shall not exceed 1,250 square feet or 35 percent of the floor area of the residence, whichever is less.

(4)

Within the RMD-S District, rear or side entrances for interior apartments shall be required unless the original design of the contributing structure has a front entrance for the interior apartment.

(b)

Garage apartments. Garage apartments shall be allowed subject to the following criteria:

(1)

Garage apartments must be located behind the primary structure.

(2)

There should be a visual relationship to the main house. For new structures this shall be accomplished through similar roof shape, porches, paint color, and other physical characteristics. For existing structures this shall be accomplished through similar paint colors and other physical characteristics.

(3)

The building footprint shall be limited to 25 percent of the gross floor area of principal structure on the lot, or 750 square feet, whichever is less.

(c)

Home occupations. Home occupations shall be allowed subject to the following criteria:

(1)

Home occupations are intended to be small-scale, limited businesses that do not detract from the residential character of the neighborhood. Home occupations shall be accessory to the principal residential use. Home occupations shall meet the following standards:

(A)

Home occupations may occupy up to 500 square feet or 25 percent of the floor area of the residence, whichever is less. If the property also has an accessory apartment, total floor area devoted to both uses shall not exceed 1,250 square feet or 35 percent of the floor area of the residence, whichever is less.

(B)

Home occupations must be operated by a homeowner whose principal residence is on-site.

(C)

Home occupations shall have no more than three persons engaged in operating the businesses at one time.

(D)

A nonilluminated wooden sign, not exceeding ten square feet, may be placed on the front wall of the residence. No other changes in the outside appearance of the building or visible evidence of the conduct of the home occupation shall be allowed.

(E)

Home occupation retail uses allowed include antique shops, bakeries (not wholesale), clothing shops, studios, small appliance repair shops, florists, hand craft shops for custom work (no noise, odor, or chemical waste), secondhand stores, and specialty shops. Other allowed home occupation uses include: professional and medical offices, music lessons, photography studios, tutoring and E-businesses.

(F)

Prohibited home occupations shall include, but are not limited to, the following: beauty/barber shops, group instruction with over two students, outdoor repair shops, taxi or limousine services, on-premises food or drink sales, and auto repairs.

(G)

Home occupations generally may not generate more than four clients/customers at one time and 20 per day.

(H)

Hours of operation for retail uses must be between 9:00 a.m. and 5:00 p.m. Hours of operation for other uses may continue until 9:00 p.m., by appointment only.

(I)

No outdoor storage or display shall be allowed.

(J)

No flammable or hazardous materials shall be stored on premises.

(K)

There will be no equipment or process used in the home occupations which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the property.

(L)

In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in the radio or television receiver off the premises or causes fluctuations in line voltage off the premises.

(M)

No home occupation shall be conducted in an open porch, carport, shed, temporary building, or on the grounds. Activities must be confined to the principal or accessory structure.

(N)

Any supplies stored on the premises shall be for the purpose of maintaining and operating the home occupation.

(O)

The address of the home occupation shall not be advertised.

(P)

The business shall not in any manner deal in firearms or ammunition.

(Q)

Business deliveries by trucks larger than three quarter ton trucks shall not be allowed. Deliveries must occur between 10:00 a.m. and 4:00 p.m.

(d)

Live-work lofts.

(1)

Live-work lofts shall be allowed in original use nonresidential existing buildings that are over 7,500 square feet in size.

(2)

Minimum unit size of live-work loft units is 850 square feet.

(3)

Buildings with live-work loft units may devote up to 20 percent of interior building space for community/assembly/recreational purposes intended for the use of building and neighborhood residents.

(4)

Buildings with live-work loft units may devote up to 15 percent of building space for supportive retail or service use.

(e)

Off-street parking lots.

(1)

Off-street parking lots must be accessed only from a rear alley.

(2)

Off-street parking lots must be set back at least 20 feet from the front property line and must be screened from non-alley rights-of-way by a wall, fence, or hedge that is at least four feet in height. Parking lots in the CCG-S district must meet the standards for that district.

(f)

Rooming houses are no longer permitted in the districts. Rooming houses may continue if they comply with the standards and criteria of this subsection within one year from the effective date of this legislation. Beginning November 1, 2008 and thereafter, all rooming houses shall provide the following information to the Director:

(1)

Information showing or depicting the accurate square footage of the facility's livable interior space and number of habitable rooms, as it existed on December 21, 2000; and

(2)

Affidavit as to number of residents authorized to legally occupy the rooming house on or before December 21, 2000; and

(3)

Number of persons considered by the rooming house to be occupying the facility.

Those rooming houses which provide the above information in a timely manner are considered legally non-conforming and shall be allowed to continue operation until such time as the legally non-conforming status ceases, as provided in this Chapter. As relating to the information submitted as required in this subsection, rooming houses shall not expand their square footage, relocate the facility or increase the number of residents in the facility. The City shall through annual inspections also ensure that such rooming house uses comply with the following standards, and if the property is not in compliance with the standards after a reasonable time allowed for correction of the violation, if the facility fails to timely submit the information required herein, or if the rooming house use intensifies, expands, or relocates, the rooming house use shall not be allowed to continue.

Notwithstanding anything to the contrary in the zoning code, the occupancy of a rooming house shall not exceed any applicable occupancy limitation otherwise required by any federal, State or local law, rule or regulation.

(1)

Chain link fences shall not be allowed in any yards along public streets (not including alleys), and must be located at least six feet behind the closest vertical plane of the primary structure.

(2)

The use shall comply with all applicable City property maintenance and unsafe building codes.

(3)

Twenty-four-hour, on-site management shall be required.

(Ord. 2000-302-E, § 1; Ord. 2007-1046-E, §§ 1, 2; Ord. 2017-36-E, § 6)

(a)

Pay phones and vending machines.

(1)

Pay phones and vending machines may not be located on public rights-of-way.

(2)

Pay phones and vending machines may not be located in required yards.

(3)

Pay phones and vending machines in the RMD-S and CRO-S districts must be located within a structure.

(4)

Pay phones and vending machines in the CN-S and CCG-S districts must be located along a building front only, within five feet of the front wall of the primary entrance. The building must be occupied. Pay phones and vending machines shall not obstruct a sidewalk, and must be removed within 30 days of a building being vacated.

(b)

Satellite dishes. Satellite dishes and associated structures, including but not limited to poles, posts, and other mounting or supportive devices, may not be located within a required yard or within the public right-of-way.

(Ord. 2000-302-E, § 1)

The Council finds and determines that:

(a)

The Future Land Use Element of the City of Jacksonville 2010 Comprehensive Plan includes the following policies pertaining to residential enclaves:

Policy 3.1.3. The City shall, through studies conducted by the Department, identify areas in the City meeting the criteria for residential enclaves as defined in this element and subsequently protect these areas from premature fragmentation by intrusive nonresidential uses.

Policy 3.1.4. The City shall allow expansion of residential uses within identified residential enclaves, and permit renovation and reconstruction of existing structures in the these areas.

Policy 3.2.19. Residential uses shall be classified as nonconforming uses within industrially designated areas, except in the case of designated residential enclaves as defined in this element.

(b)

It is the intent of the Council to implement the goals, objectives and policies of the 2010 Comprehensive Plan, including the above policies, through the adoption of this Subpart J, and the provisions hereof are intended to be the minimum necessary to accomplish such policies.

(c)

The requirements, procedures and criteria established in this ordinance are necessary for the health, safety and welfare of the citizens of the City of Jacksonville.

(d)

It is the intent of the Council to protect existing residential enclaves that meet the criteria established in this ordinance.

(Ord. 93-261-143, § 1)

Based on the findings made in Section 656.370 above, the Council hereby declares it to be the policy of the City to protect existing residential enclaves in nonresidentially designated areas from premature fragmentation by intrusive nonresidential uses. Residential uses occurring within designated residential enclaves, pursuant to the criteria established herein, shall be considered conforming uses. Owners of residential structures located in such designated residential enclaves shall be allowed to renovate or reconstruct those structures and new residential structures may be constructed on lots of record located therein pursuant to the procedures set forth herein.

(Ord. 93-261-143, § 1)

The policies contained in the Future Land Use Element of the 2010 Comprehensive Plan provide that the Planning and Development Department shall establish criteria to identify those residential enclaves surrounded by nonresidential uses which should be protected from premature fragmentation by intrusive nonresidential uses. Since such residential enclave areas were often designated for nonresidential use on the Future Land Use Map series of the 2010 Comprehensive Plan, they were zoned for nonresidential use. In order to provide protection for residential enclaves which are located within nonresidential zoning districts, a procedure for designating appropriate residential enclaves and related overlay zoning is being established.

(Ord. 93-261-143, § 1)

As used in this Subpart:

(a)

Residential enclave means a geographical area having a residential land use that is partially or totally surrounded by a nonresidential land use, which forms a distinct enclosed unit. The enclave is also a small, historically established, residential neighborhood existing in an area that is programmed to transition to nonresidential land uses within the time frame of the 2010 Comprehensive Plan. Residential enclaves may consist of dwelling units arranged in relation to a neighborhood center and/or a significant cultural or natural feature.

(b)

Residential Enclave Overlay Zone means an overlay zoning district designated by the City Council for a residential enclave area for the purpose of protecting the enclave area from premature fragmentation by intrusive nonresidential uses and allowing for the expansion, renovation, reconstruction or construction of residential uses therein on existing lots of record.

(c)

Residential uses mean activities within land areas used predominantly for single family or multifamily housing.

(d)

Historically Established Residential Neighborhood means a predominantly residential area that can be documented as established for at least 50 years. The Historically Established Residential Neighborhood can include structures that are not 50 years old or older.

(Ord. 93-261-143, § 1)

In order for a residential enclave area to qualify for designation under this Subpart J, the area shall meet all of the following criteria:

(1)

The residential enclave area is proposed in the Future Land Use Map series of the 2010 Comprehensive Plan for nonresidential use;

(2)

The residential enclave is presently zoned for nonresidential use;

(3)

The enclave area is an existing predominantly residential use area contain with [containing] only a few incidental supporting commercial uses;

(4)

The enclave area contains not less than 25 residential structures;

(5)

The area is completely or nearly completely surrounded by nonresidential uses or, to a lesser extent, natural features such as a major water body or wetland area;

(6)

The enclave area may be described by a reasonably cohesive boundary line;

(7)

The area is not subject to heavy, excessive through traffic on interior roadways; and

(8)

The residential enclave area was an historically established residential neighborhood.

(Ord. 93-261-143, § 1; Ord. 94-444-170, § 1)

The following procedures shall apply with respect to the selection and designation of a residential enclave:

(a)

Planning and Development Department. The Planning and Development Department shall be responsible for recommending or nominating eligible residential enclaves to the Council. The Department shall make its recommendation to Council on each proposed designation in a report to be called Residential Enclave Nomination Report.

The report shall include the following:

(1)

A map showing proposed boundaries of the residential enclave area;

(2)

A descriptive evaluation of how the criteria listed in Section 656.374 above are met by the residential enclave area proposed for designation;

(3)

A map or aerial photograph showing the location of all buildings in the enclave area;

(4)

A map showing the existing land use of each lot in the area;

(5)

A zoning map showing the existing zoning of the residential enclave area and all lands within 350 feet of the area;

(6)

A table summarizing the number of structures in the enclave by type of use, including specific identification of any mobile homes in the area;

(7)

A location map and brief description of any known archaeologic or historic sites or structures within the enclave area and their significance.

(8)

A statement describing the recommended boundaries for the enclave area;

(9)

A list of the names and addresses of all owners and the real estate assessment file numbers of the properties within the boundaries of the proposed residential enclave, and a second similar list for all properties outside but within 350 feet of the residential enclave area; and

(10)

The recommended zoning district regulations which are proposed to apply in the proposed overlay zone for the residential enclave area.

(b)

Public meeting. Prior to, or upon completion of, the Residential Enclave Nomination Report, the Planning and Development Department shall hold one or more public meetings(s) in a location which is within or convenient to the proposed residential enclave. The purpose of the meeting is to allow property owners and residents of the enclave area and surrounding properties to discuss the merits of the enclave proposal with Department staff. The staff shall also explain the approval procedure for designation of the residential enclave and the proposed overlay zoning for the residential enclave area.

Notice of the time and place of the public meeting which is required to be held in or near the residential enclave area shall be posted by the Planning and Development Department as least 14 days in advance of the meeting, by United States mail, to the owners of all properties located within the enclave area and outside but within 350 feet of the boundaries of the enclave area. For the purpose of notice requirements to the owners, the names and addresses of owners shall be deemed to be those on the current tax records in the Office of the Property Appraiser. The failure of any owner required by this Section to be notified by mail to receive the notice shall not invalidate or otherwise have any effect upon the public meeting or on the nomination of the residential enclave area to the City Council. All notices required by this Section shall state clearly the boundaries of the proposed residential enclave area and the purpose of the proposed designation.

The Department staff shall also announce at the public meeting the anticipated date, time and place of the meeting of the Jacksonville Historic Preservation Commission required pursuant to paragraph (c) below to make its recommendations.

(c)

Jacksonville Historic Preservation Commission. Upon completion of the Residential Enclave Nomination Report, the Planning and Development Department shall forward copies of the report to the Jacksonville Historic Preservation Commission for review and comment. The Commission shall make a recommendation indicating whether it agrees that the proposed enclave area was an "historically established residential neighborhood." It shall also comment on the extent to which the residential character of the enclave area could be considered historic, and the presence and importance of any archaeological, historical or architectural structures, features or sites within the enclave area. The Commission's recommendation shall be transmitted to the Planning and Development Department and the City Council within 40 five days from the date of receipt of the Nomination Report from the Planning and Development Department.

(d)

City Council action. Copies of the Residential Enclave Nomination Report and the recommendation of the Jacksonville Historic Preservation Commission shall be forwarded by the Planning and Development Department to the City Council and the Office of General Counsel for approval by ordinance of the proposed residential enclave area designation. The Office of General Counsel shall prepare an ordinance for approval of the proposed designation of the residential enclave area including proposed zoning district regulations for the residential enclave overlay zone. A public hearing shall be held by the Council to consider the proposed designation, in the same manner as for a rezoning, pursuant to the notice requirements provided in Subpart C, Part 3, Chapter 656. In addition, the following supplemental notice requirements shall also apply:

(1)

Notices shall be sent to all owners of real property within the residential enclave area as well as to those property owners outside but within 350 feet of the residential enclave area.

(2)

The signs to be posted shall be in the form required by the appropriate committee of Council and shall be posted in full view of the public. The signs shall be posted on the boundaries of the proposed residential enclave area at each public right-of-way intersecting the boundary of the proposed enclave overlay zone, or at such other locations and such intervals as will ensure that the signs will be seen by as many persons as possible.

(3)

The mailed notices shall include the following information and documents:

(a)

The boundaries of the proposed residential enclave area;

(b)

The purpose of the proposed designation; and

(c)

A discussion of the implications of the proposed designation, both positive and negative.

(e)

The ordinance approving a proposed residential enclave designation shall include an amendment to Chapter 656, Ordinance Code, incorporating the proposed overlay zoning district and related zoning district regulations which shall apply to the residential enclave area.

(f)

The Council Secretary shall notify each property owner within the residential enclave of the final action taken by the City Council within 14 days from the effective date of any ordinance approving same, and shall cause the ordinance approving the designation of the residential enclave to be recorded in the official records of Duval County, Florida. The Council Secretary shall also notify the Property Appraiser's Office of the designation.

(g)

Following Council approval of the designation, the Director shall enter the designation on the Zoning Atlas in accordance with Section 656.203.

(Ord. 93-261-143, § 1; Ord. 94-444-170, § 2)

The regulations on land use set forth in any ordinance adopted pursuant to the provisions of this Subpart shall be applicable to all lands lying within the designated residential enclave area. Notwithstanding the zoning district regulations set forth elsewhere in this Chapter, the provisions of this Subpart J, shall override and supersede all such other regulations to the extent specifically set forth in each ordinance designating a residential enclave. The use of any property within a designated residential enclave in accordance with the underlying industrial or commercial zoning shall be subject to review and approval by City Council by ordinance. In its review of proposed nonresidential uses, the Council shall assure that existing residential uses are adequately buffered from nonresidential uses.

(Ord. 93-261-143, § 1)

The designation of any residential enclave area may be amended or rescinded pursuant to the same procedure utilized for the original designation.

(Ord. 93-261-143, § 1)

The Traditional Neighborhood Development (TND) district is designed to ensure the development of land along the lines of traditional neighborhoods. Its provisions adapt the urban conventions which were normal in the United States from colonial times until the 1940s. The TND zoning prescribes the following physical conventions:

(a)

The neighborhood is limited in area to that which can be traversed in a ten- to 15-minute walk.

(b)

Provides a mix of housing densities and types.

(c)

Residences, shops, workplaces and civic buildings are located in close proximity.

(d)

A well defined and detailed system of interconnected streets serve the needs of the pedestrian and the car equitably, providing multiple routes to all parts of the neighborhood.

(e)

Physically defined open spaces in the form of plazas, squares and parks provide places for formal social activity and recreation.

(f)

Civic buildings reinforce the identity of the neighborhood, providing places of assembly for social, cultural and religious activities.

(Ord. 94-607-773, § 1)

The following definitions shall be applicable in the TND district. When there are conflicts between the terms used herein and definitions provided elsewhere in the Ordinance Code and related rules and regulations, the TND Subpart shall take precedence. Terms used throughout this Subpart shall take their commonly accepted meaning unless otherwise defined in Chapter 656. Terms requiring interpretation specific to this Subpart are as follows:

Alley. A vehicular passageway designed in accordance with the land development procedures manual (LDPM) allowing ingress, egress, maintenance and all utilities and which provides secondary and/or service access to the sides or rear of lots.

Alley lights. Lighting as designed and provided per developer. Light standard to be uniform and of JEA standard.

Artisanal use. The manufacture and sale of artifacts utilizing only hand-held and/or table mounted electrical tools contained within an enclosed structure.

Block. A combination of building lots serviced by an alley, the perimeter of which abuts public use lands (in most cases public rights-of-way).

Civic building. Any permitted or required civic use building when located in a civic use lot.

Colonnade. A roof or building structure, extending over the sidewalk, open to the street and sidewalk except for supporting columns or piers.

Cornice line. A molded and projecting horizontal member that crowns an architectural composition. A cornice line shall project a minimum of two inches from the front elevation of the structure.

Curb radius. The curved edge of the street at intersections, measured at the edge of the travel lanes.

Front porch. A front porch is an un-air conditioned and unglazed, roofed structure attached to the front of the dwelling unit.

Frontage line. The property line adjacent to the street or square. In the case of a corner lot, that part of the building lot having the narrowest frontage on any street shall be considered the frontage line.

Greenbelt. An optional open space area adjoining the neighborhood proper and no less than 150 feet wide at any place.

Guest house. The provision of no more than four bedrooms for letting. Food service may be included between the hours of 6:00 a.m. and 11:00 a.m. The maximum length of stay shall not exceed 14 days.

Limited office use. A business or the supply of professional services housed in an area not to exceed 1,000 gross square feet.

Maintenance easement. A perpetual exterior wall easement, minimum four feet in width.

Meeting hall. A building designed for public assembly, containing an area equivalent to a minimum of four square feet per dwelling unit. The total number of dwelling units shall be established at the time of the TND approval.

Neighborhood proper. The built-up area planned for development within a TND, including blocks, streets, squares and parks, but excluding greenbelts or other open green periphery areas.

Outbuilding. A secondary structure used for residential, parking or storage use.

Park. An open space whose area is delineated by the surrounding building frontage lines within the neighborhood proper.

Parking area. Vehicular use area, pursuant to Section 656.1501, but excluding alleys.

Pedestrian pathways. Pedestrian pathways are interconnecting paved walkways that provide pedestrian passage through blocks running from street to street.

Plaza. An open space area within a town center on which all shopfront lots front.

Private open space. That space on each lot that is for the private use of the inhabitants of such lot.

Rear lot line. Boundary of the alley adjacent to the rear of a lot.

Residential use. Any lot, plot, parcel, or piece of land or any building used for dwelling purposes.

Setback. The horizontal distance from the property line on which the enclosed portion of the building shall be built.

Shared parking. Any parking spaces intended to be utilized for more than one use occurring on a single lot or within a single building, where persons utilizing the spaces are unlikely to need the spaces at the same time of day.

Square. An outdoor, pedestrian public open space tract whose area is defined by adjacent buildings' frontage lines.

Street lamp. A light standard not to exceed 16 feet in height located in TND streets #1, 2, 3, or TND village center. Boulevard light heights may be higher than 16 feet where appropriate. Street lighting design shall meet the minimum standards developed by the illumination engineering society.

Street tree, large. A tree with a mature height of 50 feet to 100 feet. Examples include: Live Oak, Shumard Oak, Sweet Gum, Tulip Tree, Sycamore, Red Maple, Bald Cypress, Southern Magnolia, and River Birch.

Street tree, medium. A tree with a mature height of 30 feet to 45 feet. Examples include: Bradford Pear and American Holly.

Street tree, small. A tree with a mature height of 15 feet to 30 feet. Examples include: Dogwood, Crape Myrtle, and Wax Myrtle.

Street vista. A view through or along a street centerline which is not less than 600 feet in length.

Streetedge. A masonry wall, wood fence or electrostatically-plated black aluminum or wrought iron fence, two and one-half feet to four feet in height, no less than 50 percent opaque, or a hedge which will reach 85 percent opacity and a minimum of three feet in height in two years placed along the frontage line.

Streetwall. A masonry or wood wall, or electrostatically plated black aluminum or wrought iron fence six feet in height, no less than 25 percent or more than 50 percent opaque (except for service yards which require no less than 50 percent opacity) built along the frontage line. Any openings shall be gated. The percent opacity shall be calculated including all openings.

Through street. A street functionally classified as a collector in the City of Jacksonville comprehensive plan.

Town center. A town center is an optional and accessory use to the TND providing for larger scale commercial shopfront uses in buildings that front a plaza.

(Ord. 94-607-773, § 1)

(a)

Land use. The entire land area of a TND shall be divided into a neighborhood proper and optional natural or greenbelt areas.

(b)

Size. Within a TND, the minimum size of the neighborhood proper shall be 40 acres and the maximum size shall not exceed 200 acres. Larger parcels shall be developed as multiple neighborhoods proper, each individually subject to all the provisions. A neighborhood proper may be located adjacent to, but shall not be bisected by, a street functionally classified as an arterial, or higher.

(c)

Density. The total number of dwelling units cannot exceed the functional land use category in which it is located. Except for the public use category, land uses in the TND are regulated by net lot area (street and alley rights-of-way excluded) as a percentage of the gross area of the neighborhood proper.

(d)

Land use allocation.

(1)

The following uses shall represent the listed percentages of the neighborhood proper:

(A)

Public use (five percent or five acres minimum, whichever is greater, excluding public and private rights-of-way);

(B)

Civic use (two percent minimum);

(C)

Shopfront use lots (two percent minimum, 20 percent maximum) - Town center use (maximum of 50 percent of shopfront use);

(D)

Rowhouse use lots (20 percent minimum, 50 percent maximum);

(E)

House use lots (30 percent minimum, 50 percent maximum);

(F)

Workshop use lots (three percent minimum, seven percent maximum).

(2)

Similar land use categories shall face across streets. Dissimilar categories may abut at rear lot lines. Public uses and civic uses are considered similar land use categories with all TND use categories.

(3)

Land use categories of one category greater or lesser intensity may abut at side lot lines (the street requirements of the greater intensity use shall govern) or face across a square or park. For example, house use may front rowhouse use; rowhouse use may front house use or shopfront use; shopfront use may front rowhouse use or workshop use; workshop use may front shopfront use.

(4)

The land use for corner lots which front on streets of dissimilar use may be designated the more intensive use category.

(e)

Lots and buildings.

(1)

All lots shall share a frontage line with a street or square.

(2)

All buildings shall have their main entrance opening to a street or square (except outbuildings).

(3)

All uses shall be conducted within completely enclosed buildings, unless otherwise specified herein.

(4)

Stoops, front porches and handicap ramps may encroach up to ten feet into the front yard setbacks, and shall not count against lot coverage limitations.

(5)

Colonnades shall have, at the sidewalk, a minimum clear height of ten feet (excluding signage or lighting) and a minimum clear width of eight feet (from frontage line to inside column face). Colonnades shall be constructed 36 inches from the frontage line. Awnings are permitted within the TND district but are not considered colonnades. Colonnades shall not cause roof drainage into the public right-of-way.

(6)

A maintenance easement must be provided on a lot adjacent to a zero-lot line property. The easement shall be kept clear of structures. This easement shall be shown on the plat and incorporated into each deed transferring title to the dominant and servient property. The wall shall be maintained in its original color and treatment unless otherwise agreed to in writing by the affected lot owners. Roof overhangs may penetrate the easement on the adjacent lot to a maximum of 24 inches, but the roof shall be so designed that water runoff from the dwelling placed on the lot line is limited to the easement area. The easement shall be maintained, unless otherwise agreed to in writing, by the two affected lot owners.

(7)

Outbuildings may be a maximum of two stories, not to exceed 26 feet in height and have a maximum building footprint of 500 gross square feet.

(8)

Any wall, fence or hedge built between the frontage line and a point even with the nearest enclosed edge of the house shall not be of a height greater than the streetedge.

(9)

The maximum perimeter of all blocks within the TND shall not exceed 2,000 feet. No block face shall have a length greater than 800 feet without an alley or pedestrian pathway providing through-access to another street or alley.

(f)

Streets, alleys and pedestrian pathways.

(1)

Traffic control signing shall be established for each community to satisfy intersecting street geometries and shall be installed at entrances and other appropriate locations.

(2)

Streets shall provide access to all lots.

(3)

All streets, alleys and pedestrian pathways shall connect to other streets within the TND. Except for local street #3, all streets within the TND shall connect to existing and projected streets outside the TND, if applicable. Cul-de-sacs, T-turnarounds and gated or dead-end streets are not permitted within the TND.

(4)

TND streets shall be constructed in accordance with the land development regulations relative to TND projects. A neighborhood proper may be located adjacent to, but shall not be bisected by, a street functionally classified as a minor arterial or higher.

(5)

Street furniture such as trash containers and bus benches shall be permanently secured to the sidewalk.

(6)

No sign, awning, lighting, wiring or other object higher than 27 inches from the ground shall extend more than four inches horizontally over any sidewalk from the column, post or wall on which it is mounted, nor shall the sign hang down above the sidewalk unless its bottom edge is at least nine feet above the sidewalk.

(7)

There shall be a continuous network of alleys to the rear of lots within the neighborhood proper, except as may be provided herein.

(8)

Alleys may be dedicated to the City as right-of-way, parceled out and owned by a homeowners association, or granted as an easement to the City. In any event, it shall be the responsibility of the homeowner's association to enforce clear passage and prohibit encroachment in the alleys. The cost of maintaining the stabilized surface of the alleys shall be as agreed upon at the time of the passage of the TND.

(9)

Pedestrian pathways shall be not less than ten feet nor more than 20 feet in width with a minimum pavement width of eight feet. Pedestrian pathways shall provide an unobstructed view, from street to street, no less than ten feet wide.

(g)

Parking.

(1)

Parking requirements for on-site parking shall be pursuant to Section 656.604, Ordinance Code. However, the applicant may reduce the number of spaces required by 25 percent, except in those instances where the use is exclusively residential or town center.

(2)

On-street parking directly fronting a lot shall count toward fulfilling the parking requirement of that lot. One parking space credit shall be given for every space in front of a lot that is over 50 percent of the length of the parking space. Civic use lots within or adjacent to public use tracts may count on-street parking fronting the public use tract toward their parking requirements.

(3)

Off-street parking areas shall be located at the rear or at the side of buildings. Streetwalls shall be built on the frontage line of parking areas.

(4)

Attached and detached single-family units shall each have a minimum of two parking spaces.

(5)

Size requirements of parking spaces shall be in accordance with Section 656.607, Ordinance Code.

(6)

Parking areas and parking garages shall not:

(A)

Abut street intersections;

(B)

Be adjacent to squares, parks or civic use lots; or

(C)

Terminate a street vista.

(7)

Adjacent parking areas shall have vehicular connections, via an alley.

(8)

An on-site or common off-site parking area is permitted in shopfront, rowhouse and workshop uses and shall be credited to the required parking for individual uses.

(9)

Off-street parking requirements may be met through off-site, and/or on-street parking areas within a 600-foot radius of the activity.

(h)

Landscaping.

(1)

Street trees should be used as a design element to provide visual identity to the TND and reinforce street hierarchy. Street trees shall be planted along all streets.

(2)

Spacing between street trees and their placement shall be pursuant to the land development procedures manual.

(3)

Parking areas with more than six spaces shall be designed pursuant to the provisions of the Landscape Code.

(i)

Open space.

(1)

Parks shall be paved for no more than ten percent of their area exclusive of dedicated rights-of-way. They shall be landscaped, and surrounded by building frontage lines whose collective linear footage is equivalent to at least 50 percent of the park perimeter's linear footage. Parks shall have a length-to-width ratio of at least three to one.

(2)

Plazas shall be limited to parking, landscaping, and permanent architectural and/or water-oriented features.

(3)

Private open spaces shall be open to the sky except for roofed porches. Atriums, gardens, garden courts, walks, patios, and other similar spaces shall count as private open space. Up to one-third of the private open space area may be a roof terrace.

(4)

Squares shall include streets on at least three sides. Squares shall be at least 75 percent paved and surrounded by shopfront use lots or rowhouse use lots on at least 60 percent of their perimeter (perimeter being defined as the aggregate of the frontage lines of the surrounding lots). For at least one square, hereinafter referred to as the mandatory square, shopfront uses shall be permitted on all the surrounding lots. Squares shall have a length-to-width ratio of no greater than three to one.

(5)

A greenbelt area shall be preserved in perpetuity in its natural condition, or enhanced by the owner as for example wetlands, stormwater management facilities, golf courses, or passive recreation.

(Ord. 94-607-773, § 1)

The following nonexclusive list of uses are not permitted anywhere within a TND: Vending machines, including newspaper, except as an accessory use within a commercial building; detached signs; chemical manufacturing, storage or distribution as a primary use; gun shops, pawn shops, chicken hatcheries, packing houses, tire vulcanizing and retreading, automobile sales and rental, any commercial use in which patrons remain in their automobiles while receiving goods or services, except service stations; on-site enameling, painting or plating of materials for off-site use, except artists' studios and as provided in the workshop land use category; outdoor advertising or billboards; terminal or yard used for the business of carting, moving, or hauling goods, except delivery of goods to businesses within a TND; prisons or detention centers, except as accessory to a police station; manufacture, storage or disposal of hazardous waste materials; scrap yards; mobile homes; sand, gravel or other mineral extraction; or kennels.

(Ord. 94-607-773, § 1)

(a)

Land use.

(1)

Land designated for public use shall be tracts consisting of parks, squares, greenbelts, and civic use buildings.

(2)

The only buildings permitted in public use tracts shall be civic use buildings.

(3)

A maximum of 15 percent of a park or square may be used as a civic use lot.

(4)

Large area recreational uses such as golf courses and multiple game fields shall be located outside the neighborhood proper.

(b)

Land allocation.

(1)

Each neighborhood proper shall contain at least one square, no less than 60,000 square feet and no greater than 120,000 square feet. No single square or park can be more than 45 percent of the public use area. This mandatory square shall be within a 300-foot radius of the geometric center of the neighborhood proper.

(2)

The remaining required public use tracts shall be divided into lesser tracts and distributed such that no part of the neighborhood proper is further than a 600-foot radius from a park or square.

(3)

Squares, parks and waterfronts shall have at least 50 percent of their perimeter abutting public use or semi-public tracts or streets.

(c)

Lots and buildings. Setbacks for civic use buildings shall be indicated on the master plan at the time of final council approval.

(d)

Parking. Parking on public use tracts shall be restricted to required parking for civic use facilities located thereon. Such parking shall be graded, compacted and paved. Public use tracts shall permit a maximum of 15 percent of the land area of each tract to be used for civic use lots including required parking.

(Ord. 94-607-773, § 1)

(a)

Land use. Land designated for civic use may include meeting halls, open-air community structures such as bandshells and pavilions, libraries, elementary and middle schools, day care centers, police stations, fire stations, post offices, private clubs, churches, playgrounds, museums, cultural societies and visual and performing arts buildings excluding adult entertainment facilities.

(b)

Land allocation.

(1)

Civic use lots shall be located within or adjacent to a square or park tract or on a lot terminating a street vista.

(2)

The developer shall covenant to construct a meeting hall on a civic use lot, on or adjacent to the mandatory square upon the sale of 50 percent of the lots and/or units of the neighborhood proper.

(c)

Lots and buildings. Buildings located on civic use lots shall not exceed 40 feet in height, excluding spires, cupolas, monuments, flag poles, and chimneys.

(d)

Parking.

(1)

The number of required parking spaces for civic uses shall be in accordance with Part 6 of this Chapter; however, required parking may be provided within a 600-foot radius of the civic use facility provided that the required parking is under common lease or ownership with the civic use building it serves and that the same is approved at a public hearing.

(2)

Civic uses within or adjacent to a public use tract may utilize the on-street parking fronting the public use tract toward its parking requirement.

(3)

When on-site parking is provided, no less than 75 percent of the off-street parking places shall be to the rear of the building. Access may be through the frontage.

(e)

Signage. Two wall signs shall be permitted for each structure, not to exceed a combined total of eight square feet.

(Ord. 94-607-773, § 1)

(a)

Land use.

(1)

Commercial uses as permitted in the Commercial Neighborhood (CN) district, residential uses, including guesthouses, and other similar uses as may be approved by the City Council at the time of the TND approval, except those listed as prohibited uses. At least 50 percent of the gross square footage of the shopfront use development shall be allocated to residential and/or guest house use.

(2)

Residential uses, except for entries and lobbies to residential uses, are not permitted on the ground floors of shopfront use buildings.

(b)

Land allocation.

(1)

A maximum of three shopfront use lots may be consolidated for the purpose of constructing a single building.

(2)

A maximum of 50 percent of all shopfront use lots may be consolidated.

(3)

A minimum of two shopfront use lots shall front on the mandatory square.

(c)

Lots and buildings.

(1)

Shopfront use lots shall have a maximum width of 50 feet and a minimum width of 25 feet.

(2)

Street-front entries shall be at grade to allow handicap access.

(3)

Buildings on shopfront use lots shall have the facade or column face of the colonnade built directly on the frontage line along at least 70 percent of their linear frontage. For lots at street intersections, the building shall be built directly on the side street frontage for at least 50 percent of its linear frontage.

(4)

The unbuilt portion of the frontage line shall have a streetwall built directly upon it.

(5)

Buildings on shopfront use lots shall have a setback of zero feet along at least one side property line. There shall be a three feet minimum setback from the rear lot line.

(6)

Buildings on shopfront use lots shall cover no more than 50 percent of the building lot area.

(7)

Buildings on shopfront use lots shall not be less than 24 feet in height and shall not exceed 40 feet in height (excluding chimneys and elevator towers). When fronting a square, buildings shall be no less than 30 feet in height. A cornice line shall define the first floor.

(8)

At least 25 percent of the lot shall be reserved for private open space.

(9)

Unenclosed balconies with a minimum of nine feet of clearance above grade shall be permitted to extend up to six feet over the sidewalk.

(10)

Colonnades are required when shopfront use lots front on the mandatory square. Enclosed space shall be permitted directly above the sidewalk.

(11)

An outbuilding is permitted on each lot.

(d)

Streets and alleys.

(1)

Shopfront use lots shall front on TND boulevards or TND village center streets as depicted in the band development procedures manual.

(2)

Posted vehicle speed for shopfront use streets shall not exceed the minimum allowed by law.

(3)

Shopfront use lots may front on a town center.

(4)

Shopfront use lots shall have their rear lot lines coinciding with an alley as depicted in the land development procedures manual.

(e)

Parking. No less than 75 percent of the off-street parking spaces shall be to the rear of the building. Vehicular access may be through the frontage only if an alley or side street providing access to the alley is not within 200 feet of the lot.

(f)

Signage. Any conflicting provisions of the City sign ordinances (Chapter 320, Chapter 656, Ordinance Code) notwithstanding, all signs shall be wall signs or cantilever signs and shall not exceed a total of 24 square feet per building with no more than three signs. Individual cantilever signs shall be mounted perpendicular to the building face and shall not exceed eight square feet. No sign shall be mounted above the first floor of the structure. All signs shall be nonilluminated.

(Ord. 94-607-773, § 1)

(a)

Land use.

(1)

The town center shall meet all requirements of the shopfront use category, except as modified below, and all other requirements of the TND, including requirements for parking lots if any part of the plaza is used for parking.

(2)

A minimum of 35 percent of the gross leasable building area (taken in sum) of the lots fronting the plaza shall be for residential use.

(3)

Town centers may include, in addition to Commercial Neighborhood (CN) uses, one grocery and/or department store use, each not exceeding 15,000 square feet of building footprint area.

(b)

Land allocation.

(1)

The town center buildings shall surround the plaza on at least 35 percent of its perimeter.

(2)

A maximum of 50 percent of the TND's allocation for shopfront use lots may be transferred to the town center. Any additional commercial area shall only be permitted where designated on the future land use map (FLUM).

(3)

There shall be no more than one town center in a TND.

(4)

A maximum of four lots fronting the town center plaza may be consolidated.

(c)

Lots and buildings.

(1)

Town center plazas shall extend no further than 600 feet along the through street from the centerline of the intersection and shall have a minimum area of 1,400 square feet per TND acre to a maximum of 200,000 square feet.

(2)

The town center shopfront uses shall be located no further than a 600-foot radius from other shopfront uses located on the mandatory square.

(3)

There shall be a direct street connection between the mandatory square and the town center plaza.

(4)

Colonnades are required on all shopfront use buildings fronting the town center plaza.

(5)

At least ten percent of the plaza shall be devoid of parking and developed with permanent architectural and/or water features as a focal point for the town center. Such focal point shall be in addition to other landscape requirements as provided in the TND.

(d)

Parking.

(1)

A portion of the town center plaza may be used for off-street parking.

(e)

Signage.

(Ord. 94-607-773, § 1)

(a)

Land use.

(1)

Land designated for rowhouse use shall contain buildings for residential uses including townhouse, multifamily, limited office as permitted in the Commercial Office (CO) zoning district, guest houses, care centers/day care centers pursuant to Part 4 of this Chapter, and artisanal uses. Nonresidential uses are limited to 50 percent of the gross square footage for rowhouse use development.

(2)

One hundred percent of the building area above the ground floor shall be designated for residential use.

(b)

Lots and buildings.

(1)

A maximum of five rowhouse use lots may be consolidated for the purpose of constructing a single building containing multifamily dwellings.

(2)

A maximum of 50 percent of all rowhouse use lots may be consolidated.

(3)

Rowhouse use lots shall have a maximum width of 32 feet.

(4)

Rowhouse use buildings with the minimum setback shall have their front entry set to one side of the facade. This is to preserve the possibility of retro-fitting a ramp for wheelchair access.

(5)

Rowhouse use buildings shall be attached (built with no side setback or as a single building) with a minimum of five-unit segments. Lots comprising the end of the block adjacent to the street or alley may be attached in segments of two to five units.

(6)

Principle structures on rowhouse use lots shall be setback five to 15 feet from the frontage line. Such structures at street intersections shall be setback six feet from the frontage line and side street line. Setback requirements shall apply to the enclosed portion of the buildings only.

(7)

Principle structures on rowhouse use lots shall have a setback of zero feet from at least one side property line. There shall be a three-foot required rear yard setback.

(8)

An outbuilding is permitted on each lot. Outbuildings shall have no required side yard setbacks, but shall have a three-foot rear yard setback.

(9)

Setbacks on consolidated rowhouse use lots shall apply as in a single lot.

(10)

Principle structures on rowhouse use lots shall cover no more than 40 percent of the lot area. Outbuildings shall not count against lot coverage.

(11)

No building on rowhouse use lots shall exceed 35 feet in height (excluding chimneys and elevator towers) and a cornice line shall be used to define the first floor.

(12)

Principle structures on rowhouse use lots shall have a first floor front elevation 18 inches minimum above finished sidewalk grade.

(13)

A minimum of 30 percent of the building lot area shall be developed as private open space.

(14)

Rowhouse use lots shall have a streetedge built along the unbuilt parts of the frontage line.

(15)

Front porches are encouraged and shall count towards private open space requirements.

(c)

Streets and alleys.

(1)

Rowhouse use lots shall front on TND boulevards, TND village center streets, or TND local street #1 as depicted in the land development procedures manual.

(2)

Posted vehicle speeds for rowhouse use streets shall be the minimum allowable by law.

(3)

Rowhouse use lots shall have their rear lot lines coinciding with an alley as depicted in the land development procedures manual.

(d)

Parking. All off-street parking places shall be to the rear of the building. Access shall be only through an alley.

(e)

Signage. Any conflicting provisions of the City sign ordinance (Chapter 330, Chapter 656, Ordinance Code) notwithstanding, all signs shall be wall signs and limited to two signs and shall not exceed a cumulative total of four square feet. No signs shall be mounted above the first floor of a structure. All signs shall be nonilluminated.

(Ord. 94-607-773, § 1)

(a)

Land use. Land designated for house use shall contain single-family residential uses which may include home occupation.

(b)

Land allocation.

(1)

A maximum of two house use lots may be consolidated for the purpose of constructing a single residence.

(2)

A maximum of 50 percent of all house use lots may be consolidated.

(c)

Lots and buildings.

(1)

Principal structures on house use lots shall be raised a minimum of 18 inches from finished exterior sidewalk grade.

(2)

Principal structures on house use lots shall be setback five to 20 feet from the frontage line. However, if vehicular access is through the frontage, then the minimum setback, including the front porch, shall be five feet in order to assure a clear viewing zone. Such structures on corner lots shall be setback ten feet from the frontage line and the side street frontage.

(3)

House use lots shall have a minimum width of 40 feet and a maximum width of 75 feet with a minimum average lot size of 5,000 square feet.

(4)

Setbacks on consolidated house use lots shall apply as on a single lot.

(5)

Buildings on house use lots shall be setback from the side lot lines equivalent (in total) a minimum of 20 percent of the width of the lot. The entire setback may be allocated to one side. If buildings have a zero-foot setback on one side, a four-foot maintenance easement shall be required on the adjacent lot.

(6)

Principal structures on house use lots shall be setback a minimum of 20 feet from the rear lot line. Outbuildings on house use lots shall be setback a minimum of five feet from the rear lot line except on an alley, where it may have a three-foot setback. Side setbacks for outbuildings shall be the same as for the primary structures on the lot.

(7)

Principle structures on house use lots shall cover a maximum of 40 percent of the lot area. Outbuildings and front porches do not count in lot coverage.

(8)

No building on house use lots shall exceed 35 feet in height (excluding chimneys).

(9)

Principle structures on house use lots shall have a streetedge built along the frontage line.

(10)

All principal structures on house use lots shall have front porches which may count towards private open space requirements.

(11)

A front porch shall have a minimum depth of eight feet and a minimum width of 12 feet and, except for insect screening, shall only have supporting columns visible above 45 inches from the finished porch floor level. Side and rear porches are not subject to the depth requirements.

(12)

An outbuilding is permitted on each lot.

(d)

Streets and alleys.

(1)

House use lots shall front on TND local streets #1, #2, or #3 as depicted in the land development procedures manuals.

(2)

Maximum posted vehicle speed for house use streets #1, #2, or #3 shall be the minimum required by law.

(3)

House use lots shall have their rear lot lines coinciding with an alley, as depicted in the land development procedures manual, except where the rear lot adjoins a greenbelt.

(e)

Parking.

(1)

All off-street parking places shall be to the side or the rear of the building. Where no alley access exists and vehicular access is through the frontage, garages or carports shall be located a minimum of 20 feet behind the front plane of the primary structure.

(f)

Signage. One flush mounted wall sign not to exceed one square foot shall be permitted. All signs shall be nonilluminated.

(Ord. 94-607-773, § 1)

(a)

Land use. Land designated for workshop use may contain one or more of the following uses:

Artists' studios and accessory gallery

Artisanal use

Automobile parking garages

Automobile minor service and repair shops

Bait and tackle shops

Bakeries (wholesale)

Banks (excluding drive-in teller services)

Cabinet shops

Cold storage warehouse

Dance studios

Dry cleaning and dying establishments

Gasoline service stations

Glass installation

Health and exercise clubs

Interior design shops

Leather goods manufacturing (excluding tanning)

Locksmith shops, sharpening and grinding shops

Hardware stores

Mail order offices and storage

Office buildings

Photography labs

Pottery shops

Printing shops

Restaurants (excluding drive-through service)

Secondhand stores

Upholstery and furniture shops

Veterinarian hospitals in sound proofed air conditioned buildings

Wholesale sales room and storage rooms

(b)

Land allocation.

(1)

Workshop use building lots shall constitute a minimum of three percent and a maximum of seven percent of the gross area of the neighborhood proper.

(2)

Workshop use lots shall not be within 300 feet of the geometric center of the neighborhood proper or the mandatory square. When a TND borders land designated on the FLUM as agriculture or open land, then workshop land use lots shall not be permitted within 330 feet of such neighborhood proper boundary.

(c)

Lots and buildings.

(1)

Buildings on workshop use lots shall have a setback of zero or five feet from the frontage line. The setback for corner lots shall not exceed five feet from the frontage line and the side street line.

(2)

Street-front entries shall be at-grade to allow handicap access.

(3)

Buildings on workshop use lots shall cover no more than 50 percent of the lot area.

(4)

A minimum of 15 percent of the lot area shall be developed as landscaped open space.

(5)

Buildings on workshop use lots shall not exceed 35 feet in height.

(6)

Workshop use lots shall be separated from other use types at the side and rear lot lines (except an entry on the alley) by a continuous masonry wall no less than six feet nor more than eight feet in height.

(7)

Workshop use lots shall have a maximum width of 300 feet.

(d)

Streets and alleys.

(1)

Workshop use lots shall front on Local Street #1 or #2, as depicted in the land development procedures manual.

(2)

Posted vehicle speed for workshop use streets shall be the minimum required by law.

(3)

Workshop use lots may front on through streets if approved by the City Council at the time of submission.

(4)

Workshop use lots shall have their rear lot lines adjacent to an alley, except where the rear lot line adjoins a greenbelt.

(Ord. 94-607-773, § 1)

The following provisions of this TND Subpart shall not be varied:

(a)

The requirement for the use of alleys.

(b)

Curb requirements.

(c)

Front porch requirements.

(d)

Location of on-site parking.

(e)

Colonnades.

(f)

Rowhouse and house use with first floor is inches above finished grade.

(g)

Average block perimeter.

(h)

Public/semi-public use and civic use land allocation requirements.

(i)

Minimum land allocation requirements.

(j)

Street width requirements.

(k)

Maximum and minimum setback requirements.

(Ord. 94-607-773, § 1)

Each TND shall contain architectural standards by which the structures will be developed. The purpose is not to demand cookie-cutter sameness, but to ensure design continuity in the neighborhood as a whole.

The architectural standards shall be presented as a part of the rezoning application as an attachment to the written description. The standards shall include the process for selecting the review board and the procedures for the administration of the board.

(Ord. 94-607-773, § 1)

(a)

Pre-application conference. Prior to the preparation of an application for rezoning to the traditional neighborhood development district, each applicant shall meet with the Planning and Development Department and other affected and/or interested City departments, and where applicable, regional and State agencies, representative of adjacent municipalities and counties, as deemed necessary by the Department, in connection with the preparation of an application for rezoning to the Traditional Neighborhood Development district. The general outlines of the proposal, evidenced schematically by site plan(s) and a written description of the intended plan of development, sufficient for the understanding of the proposed development, shall be provided by the applicant for consideration at such meeting(s), before the filing of such an application for rezoning. The purpose of the pre-application conference shall be to assist in bringing the overall application, as consistently as possible, into conformity with these and other regulations, to define specifically those variations from the usual application of the provisions of the Zoning Code, and to furnish the applicant with recommendations that would inform and assist with the preparation of the components of an application for rezoning to the Traditional Neighborhood Development district.

(b)

Authorization to file an application for rezoning to Traditional Neighborhood Development district. All applications for rezoning to the Traditional Neighborhood Development district, including applications for minor modifications thereto, shall be submitted to the planning and development department which shall verify that the application is complete and sufficient for review, including any specific requirements from the pre-application conference, prior to filing with the Building Inspection Division.

(c)

Required exhibits for an application for rezoning to Traditional Neighborhood Development.

(1)

An application for rezoning to Traditional Neighborhood Development district shall proceed in general as other applications for rezoning and in addition to the information usually required for such applications, a commitment by all owners within the boundaries of the proposed Traditional Neighborhood Development district which requires the following:

(i)

To proceed with the development in accordance with the site plan(s), written description of the intended plan of development and any condition(s) set forth by the Council in the ordinance which approves the Traditional Neighborhood Development district; and

(ii)

To bind their successors in title to proceed with the development according to subsection (c)(1)(i) of this Section.

(2)

An application for rezoning to the Traditional Neighborhood Development district shall, in addition to the aforementioned, be accompanied by the following, in sufficient copies as deemed necessary by the Planning and Development Department for referrals and recommendations:

(i)

Site plan(s), map(s), and drawing(s), or other graphic documents of the proposed Traditional Neighborhood Development district depicted at an appropriate scale as determined by the Department, shall indicate the following, unless it is determined by the Department that such exhibits are not necessary for review of the same:

(A)

The existing site characteristics including any significant variation of elevation, water course(s), unique natural features, and natural vegetation.

(B)

The location of all land uses by acreage, density including the number of dwelling units, intensity, and/or nonresidential floor area of such uses.

(C)

Dimensioned cross Sections showing the relationship between roadways, sidewalks, street trees and furniture, frontage walls, primary building setbacks, outbuildings setbacks, alleys, underground and aboveground utilities.

(D)

The existing and proposed vehicular circulation system, pedestrian circulation system, and points of ingress and egress to the development, including rights-of-way and paving widths. In addition, all existing and proposed rights-of-way, driveways, and median openings (if any) within 660 feet of the proposed development.

(E)

Site plan(s), map(s), drawing(s), traffic studies and/or other studies and reports, as may be required by the Department. All of the aforereferenced required exhibits may be required by the Department in order to make the findings, determinations and recommendations. Additional information as needed may be required by the Department during the review.

(F)

In addition to the aforementioned required exhibits, the Department may require information detailed to the point of the site plan(s) providing the building layout, elevations and/or other details related to site design for the proposed development consistent with the written description of the intended plan of development.

(ii)

A written description of the intended plan of development shall be submitted to the Department clearly describing the following:

1.

Names of the project and the owner, developer, planner, architects and engineers.

2.

Ownership and maintenance agreements of public use and civic use lots and buildings, alleys and roadways.

3.

Approximate dates when construction of the phases are to be initiated and completed.

4.

Continued operation and maintenance agreements.

5.

Architectural standards.

A legend including the following applicable information shall be provided as part of the site plan(s) in accordance with the following format:

Total gross acreage (minimum 40 acres, maximum 200 acres)