(a)

Authority. The planning and development director or designee shall have the authority to make all interpretations of the text of the LDC and the official zoning map.

(b)

Initiation. An interpretation may be requested by any resident, landowner or any person having a contractual interest in land in Jacksonville Beach.

(c)

Procedures.

(1)

Submission of request for interpretation. Before an interpretation shall be provided by the planning and development department, a request for interpretation shall be submitted to the planning and development department in a form established by the planning and development department and made available to the public.

(2)

Determination of sufficiency. Within fifteen (15) working days after a request for interpretation has been received, the planning and development department shall determine whether the request is complete. If the planning and development department determines that the request is not complete, a written notice shall be served on the applicant specifying the deficiencies. The planning and development department shall take no further action on the request for interpretation until the deficiencies are remedied.

(3)

Rendering of interpretation. Within fifteen (15) working days after the request for interpretation has been determined complete, the planning and development department shall review and evaluate the request in light of the comprehensive plan, the LDC, and the official zoning map, whichever is applicable, consult with the city attorney, and then render an interpretation.

a.

If there are any inconsistency between this Land Development Code and other enacted documents, the more restrictive regulations carry.

(d)

Form. The interpretation shall be in writing and shall be sent to the applicant by email or certified mail.

(e)

Appeal.

(1)

Within thirty (30) days after issuance of a written interpretation by the planning and development department, an applicant with standing may appeal the interpretation to the Circuit Court of appeals of Duval County, Florida.

(f)

Official record. The planning and development department shall maintain an official record of the interpretations in the planning and development department, which shall be available for public inspection during normal business hours.

Within the Land Development Code (LDC), the regulations herein shall be observed unless such regulation(s) would be inconsistent with the intent of the city's current comprehensive plan.

(a)

Generally.

(1)

All provisions, terms, phrases and expressions contained in the LDC shall be liberally construed for the true intent and meaning of the city council, as established in the comprehensive plan, may be fully carried out. Terms used in these regulations, unless otherwise specifically provided, shall have the meanings prescribed by the statutes of the State of Florida and Florida Building Code for the same terms.

(2)

In the interpretation and application of any provision of the LDC it shall be held to be the minimum requirements adopted for the promotion of the public health, safety, and general welfare. Where any provision of the LDC imposes greater restrictions upon the subject matter than a general provision imposed by the comprehensive plan or another provision of the LDC, the provision imposing the greater restriction or regulation shall be the enforceable regulation.

(b)

Text. In case of any difference of meaning or implication between the text of the LDC and any figure, the text shall take precedence.

(c)

Computation of time. Computation of time means the time within which an act is to be completed. Computation of time shall be computed by excluding the first and including the last day of said time frame. If the last day is a Saturday, Sunday or legal holiday, that day shall be excluded.

(d)

Delegation of authority. Whenever a provision appears requiring the head of a department or some other city officer or employee to do some act or perform some duty, it is to be construed to authorize the head of the department or other officer to designate, delegate and authorize professional-level subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise.

(e)

Non-technical and technical words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

(f)

Exclusivity of uses in zoning districts. The permitted uses, special exceptions, and conditional uses in the zoning districts established in article VI, zoning districts, are exclusive, and shall be permitted subject to the standards and procedures of the LDC. If a use is not listed as permissible in a zoning district, it is considered not permitted.

(g)

Interpretation of uses in zoning districts. The North American Industry Classification System (as amended) shall be used in interpreting whether a use not expressly identified as a permitted use or a conditional use in a zoning district is sufficiently similar to those uses identified and should be considered as a permitted use or conditional use in the zoning district.

(h)

Interpretation of zoning district boundaries. Where uncertainty exists concerning boundaries of zoning districts as shown on the official zoning map, the following rules shall be used in the interpretation of the zoning district boundaries.

(1)

Center lines. Boundaries indicated as approximately following the center lines of streets, alleys or highways shall be construed as following such center lines.

(2)

Lot, section and tract lines. Boundaries indicated as approximately following platted lot lines, section or tract lines shall be construed as following such lines.

(3)

Political boundaries. Boundaries indicated as approximately following political boundaries shall be construed as following such political boundaries.

(4)

Shorelines. Boundaries indicated as approximately following shorelines shall be construed as following such shorelines and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines.

(5)

Parallel lines. Where boundaries are approximately parallel to a street, highway, road, alley or railroad right-of-way, the distance of such boundaries from the property line of such street, highway, road alley or railroad right-of-way, shall be, unless otherwise shown by dimensions, one lot depth on lots facing said street, highway, road, alley or railroad right-of-way, or approximately one hundred fifty (150) feet, on acreage and tracts or on parallel lots, to the nearest lot line between lots to conform to adjacent district lines.

(6)

Bisecting lines. Where boundaries approximately bisect blocks, the boundaries are the median line of such blocks, between the center lines of boundary streets.

(7)

Uncertainties. Where the physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in case any other uncertainty exists, the planning and development department shall interpret the intent of the official zoning map as to the location of boundaries.

(8)

Street abandonments. Where a public road, street or alley is officially vacated or abandoned, the regulations applicable to the land to which it reverted shall apply to such vacated or abandoned road, street, or alley.

(9)

Excluded areas. Where parcels of land and water areas have been inadvertently excluded from a zoning district classification in any manner, said parcels shall be given a classification by the city council that is consistent with the comprehensive plan. Such cases shall be processed in the same manner as petitions for amendments to the official zoning map.