(a)

Title and citation. This chapter shall be known as the "Jacksonville Beach Land Development Code" and may be cited and referred to herein as the LDC.

(b)

Authority. The City Council of the City of Jacksonville Beach ("the city") has the authority to adopt the LDC pursuant to the Fl. Const. Article VIII, Sec. 2, F.S. § 166.21 et seq., the Jacksonville Beach Charter, F.S. § 163.3161 et seq., Florida Administrative Code (F.A.C.) Rule 9J-5 and Rule 9J-24, and such other authorities and provisions that are established in the statutory or common law in the State of Florida.

(c)

Findings. The City Council of Jacksonville Beach, Florida, hereby makes the following findings:

(1)

Jacksonville Beach, pursuant to F.S. § 163.3161 et seq., the Florida Local Government Comprehensive Planning and Land Development Regulation Act (hereinafter the "Act"), is required to prepare and adopt a comprehensive plan.

(2)

After adoption of the comprehensive plan, the Act, and in particular F.S. § 163.3202(1), mandates that Jacksonville Beach adopt land development regulations that are consistent with and implement the adopted comprehensive plan.

(3)

F.S. § 163.3194(1)(b), requires that all land development regulations enacted or amended by Jacksonville Beach shall be consistent with the adopted comprehensive plan, and any land development regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, shall be amended so as to be consistent.

(4)

F.S. § 163.3194(1)(a), mandates that after a comprehensive plan has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by governmental agencies in regard to land under the jurisdiction of the comprehensive plan shall be consistent with the comprehensive plan.

(5)

Pursuant to F.S. § 163.3194(3)(a), a development order and land development regulations shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects of development permitted by such order or regulation are compatible with and further the visions, strategies, land uses, and densities or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government.

(6)

F.S. § 163.3194(3)(b), states that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with and further the visions, strategies, land uses, densities or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government.

(7)

On October 15, 1990, the City of Jacksonville Beach adopted the Jacksonville Beach Comprehensive Plan as its comprehensive plan pursuant to the requirements of F.S. § 163.3161 et seq., and F.A.C. Rule 9J-5 which was then amended to the 2050 Comprehensive Plan and readopted on December 16, 2024.

(8)

The LDC is adopted to implement the comprehensive plan. It is consistent with the comprehensive plan, in part, because the land uses, densities, or intensities, capacity or size, timing, and other aspects of development permitted, further the visions, intents, strategies, land uses, and densities and intensities in the comprehensive plan, and meet all other criteria enumerated in the comprehensive plan.

(9)

The LDC is also adopted to preserve and enhance the present advantages that exist in Jacksonville Beach; encourage the most appropriate use of land, water, and natural resources, consistent with the public interest; overcome present handicaps, and deal effectively with future problems that may result from the use and development of land; prevent the overcrowding of land and avoid undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewage, drainage, solid waste, parks, schools, fire and police facilities; conserve, develop, utilize, and protect natural resources; protect human, environmental, social, and economic resources; and maintain, through orderly growth and development, the community character and stability of present and future land uses and development in Jacksonville Beach.

(d)

Purpose and intent.

(1)

Implementation of comprehensive plan. It is the purpose of the city council that the LDC implement and ensure that all development orders approved in Jacksonville Beach are consistent with the comprehensive plan.

(2)

Comprehensive and consistent regulations. It is also the purpose of the city council that the LDC establish comprehensive and consistent standards, regulations and procedures for the review and approval of all proposed development of land in the City of Jacksonville Beach.

(3)

Efficient and effective regulations. It is the further purpose of the city council that the development process under the LDC be efficient, in terms of time and expense, effective, in terms of addressing the natural resource and public facility implications of proposed development, and equitable, in terms of consistency with established regulations and procedures, respect for the rights of property owners, and consideration of the interests of the citizens of Jacksonville Beach. Through this intent, these regulations shall promote the health, safety, morals, and general welfare of the public.

The adoption of the LDC is consistent with, compatible with and furthers the vision, intents, strategies, land uses, and densities or intensities in the comprehensive plan.

The provisions of the LDC shall apply to the development of all land in the total area of the City of Jacksonville Beach, except as expressly and specifically provided otherwise in the LDC. No development shall be undertaken without prior authorization pursuant to the LDC.

The provisions of the LDC are the minimum requirements necessary to accomplish the purposes of the LDC and implement and ensure consistency with the comprehensive plan. As such, when these regulations impose a greater restriction upon the use of buildings or land, or upon height of buildings, or require larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of this chapter shall control.

Unless otherwise stated in article IX, adequate public facility standards, the following development orders shall be exempt from the terms of the LDC.

(a)

Planned unit development and redevelopment district.

(1)

The provisions of the LDC and any amendments hereto shall not affect the validity of any lawfully approved preliminary development plan for a planned unit development (PUD) or redevelopment district (RD) approved prior to the effective date of the LDC.

(2)

The provisions of the LDC and any amendments hereto shall not affect the validity of any lawfully approved final development plan approved prior to the effective date of the LDC.

(b)

Site plan. The provisions of the LDC and any amendments hereto shall not affect the validity of any lawfully approved site plan approved prior to the effective date of the LDC if a building permit is issued for the site plan within six (6) months of the date of approval of the site plan.

(c)

Special exception, variance, or conditional use. The provisions of the LDC and any amendments hereto shall not affect the validity of any lawfully approved special exception, variance, or conditional use approved prior to the effective date of the LDC if a development order or occupational license is issued for the special exception or conditional use within six (6) months of the date of approval of the special exception, variance, or conditional use.

(d)

Previously issued building permits. The provisions of the LDC and any amendments hereto shall not affect the validity of any lawfully issued and effective building permit issued prior to the effective date of the LDC if:

(1)

The development authorized by the permit has commenced prior to the effective date of the LDC or any amendment hereto, or will commence after the effective date of the LDC but prior to the permit's expiration or termination; and

(2)

The development continues without interruption in good faith until development is complete. If the building permit expires, any further development shall be in conformance with the requirements of the LDC or any amendment.

(e)

Existing uses. All uses existing on the effective date of the LDC that are not permitted in the LDC shall be considered nonconforming under the terms of the LDC.

(f)

Buildings in existence or with approved construction permits or located in an adopted Planned Unit Development PUD zoning district on or before the November 3, 2004 amendment to Section 52 of the Jacksonville Beach City Charter, may be completed, repaired or rebuilt to a height not to exceed the previously existing height, within the same building footprint, subject to any other applicable state, federal or local laws. The height limits are not intended to restrict or otherwise adversely affect a property owner's vested rights under constitutional, statutory or common law. If it is determined by a court of competent jurisdiction that a landowner has vested rights, the landowner can elect to proceed with development under the Land Development Code in effect on the date of adoption of said Charter amendment.