This article sets forth the application and review procedures required for obtaining development orders, and certain types of permits. This article also specifies the procedures for appealing decisions and seeking legislative action.

(Ord. No. 2004-10, § 1, 10-4-04)

Preliminary and final development plans shall be submitted for review and approval through development orders pursuant to this division for the following:

(1)

All development in nonresidential districts,

(2)

All development in residential districts except for single-family and duplexes (two-family residences), and

(3)

Special zoning overlays for planned unit developments (see section 27-158).

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

Refer to article I for definitions.

(Ord. No. 2004-10, § 1, 10-4-04)

No development may be undertaken unless the activity is authorized by a development permit.

(Ord. No. 2004-10, § 1, 10-4-04)

Except as provided in section 27-80 of this Code, a development permit may not be issued unless the proposed development activity is authorized by a final development order issued pursuant to this Code.

(Ord. No. 2004-10, § 1, 10-4-04)

A development permit may be issued by the city manager or designee for the following development activities in the absence of a final development order issued pursuant to this Code:

(1)

The construction or alteration of a single-family or duplex (two-family) residence that is in full compliance with this Code on an existing lot.

(2)

The alteration of an existing building or structure, other than a single-family or duplex (two-family) residence, so long as no change is made to its gross floor area, its use, its number of dwelling units, or the amount of impervious surface on the site.

(3)

The erection of a sign or the removal of protected trees on a previously developed site and independent of any other development activity on the site.

(4)

The resurfacing of a vehicle use area that conforms to all requirements of this Code.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

Applications for a development permit shall be made to the building department on a form provided by the city and may be acted upon by the city without public hearing or notice.

(Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

After a development permit or development order has been issued, it shall be unlawful to change, modify, alter, or otherwise deviate from its terms or conditions without first obtaining a formal modification. A modification may be applied for in the same manner as the original. A written record of the modification shall be entered upon the original permit or development order and maintained in the files of the city.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

(a)

Required pre-application conference. Prior to filing for preliminary development plan review, the developer shall meet with city officials to discuss the development plan and review process. No person shall rely upon any comment concerning a proposed development plan, or any expression of any nature about the proposal made by any participant at the pre-application conference as a representation or implication that the proposal will be ultimately approved or rejected in any form.

(b)

Submittal of preliminary development plan. The developer shall submit a preliminary development plan, as defined in this division, accompanied by a fee established by resolution of the city council.

(c)

Determination of complete application. Within thirty (30) working days of receipt of a preliminary development order application, the city manager or designee shall determine that the information is complete or incomplete and inform the developer in writing of the deficiencies, if any. If the plan is deemed incomplete, the developer may submit an amended plan within thirty (30) working days without payment of an additional fee, but, if more than thirty (30) days have elapsed, the developer must thereafter initiate a new application and pay a new fee. Furthermore, the city will review resubmissions within ten (10) business days. After the third incomplete submittal, the city will deny the development plan application.

(d)

Review of preliminary development plans and issuance of a preliminary development order. The city manager or designee shall forward copies to the various city departments for their review.

(e)

Copies to community development board. Once deemed complete and following city staff review the community development department shall send a copy of the proposed preliminary development plan to each member of the community development board and shall place the proposed plan on the agenda of the next meeting that allows for proper notice.

(f)

Quasi-judicial public hearing. The community development board shall conduct a quasi-judicial public hearing as outlined in the Florida Statutes, and shall consider the following factors:

(1)

Characteristics of the site and surrounding area, including important natural and manmade features, the size and accessibility of the site, and surrounding land uses.

(2)

Whether the concurrency requirements of article VI of this Code could be met if the development were built.

(3)

The nature of the proposed development, including land use types and densities; the placement of proposed buildings and other improvements on the site; the location, type and method of maintenance of open space and public use areas; the preservation of natural features; proposed parking areas; internal traffic circulation system, including trails; the approximate total ground coverage of paved areas and structures; and types of water and sewage treatment systems.

(4)

Conformity of the proposed development with the comprehensive plan, this Code, and other applicable regulations.

(5)

Applicable regulations, review procedures, and submission requirements.

(6)

Concerns and desires of surrounding landowners and other persons.

(7)

Other applicable factors and criteria prescribed by the comprehensive plan, this Code, or other law.

(g)

Submittal of final development plan. The developer shall submit a final development plan, as defined in this Code, for review by the city council within the time period in which the preliminary development order is valid. The final development plan shall be consistent with the preliminary development order and shall contain no land uses different than those approved in the preliminary development order.

(h)

Review of final development plans and issuance of a final development order. The city council shall conduct a quasi-judicial public hearing on the final development plan to determine whether the plan satisfies the requirements of this Code. Based on the determination from evaluating the above factors the city council shall either:

(1)

Issue a final development order complying with section 27-87 of this Code with or without conditions, ensuring that the final development plan is consistent with the preliminary development order; or

(2)

Refuse to issue a final development order if it is not possible for the proposed development, even with reasonable modifications, to meet the requirements of this Code.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2010-14, § 12, 9-7-10; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

(a)

Application. Applications for development orders shall be available from the community development department. A completed application shall be signed by all owners, or their agent, of the property subject to the proposal, and notarized. Signatures by other parties will be accepted only with notarized proof of authorization by the owners. In a case of corporate ownership, the authorized signature shall be accompanied by a notation of the signer's office in the corporation and embossed with the corporate seal.

(b)

General plan requirements. All preliminary and final development plans submitted pursuant to this Code shall conform to the following standards:

(1)

All site plans shall be drawn to a scale of one (1) inch equals twenty (20) feet, unless, prior to submittal, the community development director determines that a different scale is sufficient or necessary for proper review of the proposal.

(2)

The trim line sheet size shall be twenty-four (24) inches by thirty-six (36) inches. A three-quarter-inch margin shall be provided on all sides except for the left binding side where a two-inch margin shall be provided.

(3)

If multiple sheets are used, the sheet number, total number of sheets, and title of each page must be clearly indicated on each.

(4)

The front cover sheet of each plan shall include:

a.

A general vicinity or location map drawn to scale (both stated and graphic) showing the position of the proposed development in the section(s), township, and range, together with the principal roads, city limits, and/or other pertinent orientation information.

b.

A complete legal description of the property.

c.

The name, address, and telephone number of the owner(s) of the property. Where a corporation or company is the owner of the property, the name and address of the president and secretary of the entity shall be shown.

d.

Name, business address, and telephone number of those individuals responsible for the preparation of the drawing(s).

e.

Each sheet shall contain a title block with the name of the development, stated and graphic scale, a north arrow, and date.

f.

The plan shall show the boundaries of the property with a legal description reference to section, township and range, tied to a section or quarter-section or subdivision name and lot number(s).

g.

The area of the property shown in square feet and acres.

h.

Lot coverage calculations.

(5)

Two (2) paper copies of the submittal and one (1) digital copy shall be required.

(6)

Unless a format is specifically called for below, the information required may be presented textually, graphically, or on a map, plan, aerial photograph, or by other means, whichever most clearly conveys the required information. It is the responsibility of the developer to submit the information in a form that allows ready determination of whether the requirements of this Code have been met.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

(a)

Existing conditions. The preliminary development plan shall show the following existing conditions, in the form of a current (dated within thirty (30) days of plan submittal) certified, signed, and sealed survey that is drawn to scale:

(1)

The location of existing property or right-of-way lines both for private and public property, streets, railroads, buildings, transmission lines, sewers, bridges, culverts, drainpipes, water mains, fire hydrants, and any public or private easements.

(2)

Any land rendered unusable for development purposes by deed restrictions or other legally enforceable limitations.

(3)

Contour lines at two-foot intervals.

(4)

All watercourses, waterbodies, floodplains, wetlands, including all proposed retention and detention areas, important natural features and wildlife areas, soil types and vegetative cover, if applicable.

(5)

The approximate location of wetland protection zones, wetland buffer zones, wellhead protection zones, and wellhead buffer zones as established by this Code, if applicable.

(6)

Existing land use/zoning district of the parcel.

(7)

A depiction (sketch) of the abutting property in all directions that is within two hundred (200) linear feet of the proposal, showing:

a.

Land uses and locations of principal structures and major landscape features.

b.

Types of residential use.

c.

Traffic circulation systems, including driveway locations.

d.

Fire hydrant locations.

e.

The location of wetland protection zones and wetland buffer zones, if applicable.

(8)

A title search of the property, conducted within six (6) months of plan submittal, including all encumbrances. All such encumbrances shall be shown upon the survey and identified by official record book and page.

(9)

The location of the coastal construction control line (CCCL) if applicable.

(10)

The location of any stormwater facilities.

(b)

Development and design elements. The preliminary development plan shall show the following development and design elements:

(1)

The location and intensity or density of the proposed development.

(2)

A parking and circulation plan.

(3)

Points of ingress to and egress from the site in relation to existing or planned public or private road rights-of-way, pedestrian ways, or bicycle paths, and proposed access points to existing or planned public transportation facilities.

(4)

Existing and proposed stormwater management systems on the site and proposed linkage, if any, with existing or planned public water management systems.

(5)

Proposed location and sizing of potable water and wastewater facilities to serve the proposed development, including required improvements or extensions of existing off-site facilities.

(6)

Proposed open space areas on the development site and types of activities proposed to be permitted on them.

(7)

Lands to be dedicated or transferred to a public or private entity and the purposes for which the lands will be held and used.

(8)

A description of how the plan mitigates or avoids potential conflicts between land uses.

(9)

Preliminary architectural elevations of all buildings sufficient to convey the basic architectural intent of the proposed improvements.

(10)

A map of vegetative cover including the location and identity by common name of all protected trees. Groups of protected trees may be designated as "clusters" with the estimated total number noted. This information shall be summarized in tabular form on the plan.

(11)

Existing surface waterbodies, wetlands, streams, and canals within the proposed development site, including seasonal high-water table elevations and attendant drainage areas for each.

(12)

The location of any underground or overhead utilities, transformers, culverts and drains on the property and within one hundred (100) feet of the proposed development boundary.

(13)

Location, names and widths of existing and proposed streets, highways, easements, building lines, alleys, parks, and other public spaces and similar facts regarding adjacent property.

(14)

A separate listing of all requested variances and/or special exceptions to the Code of Ordinances shall be submitted with each plan.

(c)

Supplemental information. Preliminary development plans shall include the following supplemental information on proposed development activities and design:

(1)

Generally:

a.

Area and percentage of total site area to be covered by an impervious surface.

b.

Grading plans specifically including perimeter grading.

c.

Construction phase lines if the project is to be constructed in phases.

(2)

Buildings and other structures:

a.

Building plan showing the location, dimensions, gross floor area, and proposed use of buildings.

b.

Front, rear, and side architectural elevations of all buildings.

c.

Building setback distances from the property lines, abutting right-of-way centerlines, and all adjacent buildings and structures.

d.

Minimum finished floor elevations (FFE) of buildings within any 100-year floodplain.

e.

The location, dimensions, type, composition, and intended use of all other structures, including, but not limited to, walls and fences.

(3)

Potable water and wastewater systems:

a.

Proposed location and sizing of potable water and wastewater facilities to serve the proposed development, including required improvements or extensions of existing off-site facilities.

b.

The boundaries of proposed utility easements.

c.

Location of the nearest available public water supply and wastewater disposal system and the proposed tie-in points, or an explanation of alternative systems to be used.

d.

Exact locations of on-site and nearby existing and proposed fire hydrants.

(4)

Streets, parking, and loading:

a.

The layout of all streets and driveways with paving and drainage plans and profiles showing existing and proposed elevations and grades of all public and private paved areas.

b.

A parking and loading plan showing the total number and dimensions of proposed parking spaces, spaces reserved for ADA accessible parking, loading areas, proposed ingress, and egress (including proposed public street modifications), and projected on-site traffic flow.

c.

The location of all exterior lighting.

d.

The location and specifications of any proposed garbage dumpsters.

e.

Pedestrian walks, malls, yards, and open areas.

(5)

Tree removal and protection:

a.

All protected trees to be removed and a statement of why they are to be removed.

b.

Proposed changes in the natural grade and any other development activities directly affecting trees to be retained.

c.

A statement of the measures to be taken to protect the trees to be retained.

d.

A statement of tree relocations and replacements proposed.

(6)

Landscaping:

a.

Location, size and design of proposed buffer zones and landscaped areas.

b.

Description (species, quantities, and locations) of all proposed and preserved plant materials.

(7)

Environmentally sensitive lands within a wetland protection zone:

a.

The exact sites and specifications for all proposed drainage, filling, grading, dredging, and vegetation removal activities including estimated quantities of excavation or fill materials computed from cross sections, proposed within a wetland protection zone.

b.

Detailed statement or other materials showing the following:

1.

The percentage of the land surface of the site that is covered with natural vegetation and the percentage of natural vegetation that will be removed by development.

2.

The distances between development activities and the boundaries of the wetland protection zones and wetland buffer zones.

c.

The manner in which habitats of endangered and threatened species are protected.

(8)

Signs:

a.

For regulated building signs, a plan, sketch, blueprint, blueline print or similar presentation drawn to scale which indicates clearly:

1.

The location of the proposed sign relative to property lines, rights-of-way, streets, alleys, sidewalks, vehicular access and parking areas, buildings, and structures on the parcel.

2.

The number, size, type, and location of all existing signs on the same parcel, except a single business unit in a multiple occupancy complex shall not be required to delineate the signs of other business units. In the case of a sign for a single business unit in a multiple occupancy complex, provide the total facade area of the single business unit's portion of the complex.

3.

A building elevation or other documentation indicating the building dimensions.

4.

The type, number, and dimensions of the proposed signs.

5.

The type of proposed illumination, if any.

(9)

Subdivision: Proposed number, minimum area, and location of lots, if development involves a subdivision of land.

(10)

Land use and dedications:

a.

Location of all land to be dedicated or reserved for all public and private uses including rights-of-way, easements, special reservations, and the like.

b.

Amount of area devoted to all existing and proposed land uses, including schools, open space, churches, residential and commercial, as well as the location thereof.

c.

The total number and type of residential units categorized according to number of bedrooms. The total number of residential units per acre (gross density) shall be given.

(11)

Wellfield protection: Location of on-site wells, and wells within one thousand (1,000) feet of any property line, exceeding one hundred thousand (100,000) gallons per day.

(12)

Historic and archaeological sites: The manner in which historic and archaeological sites will be protected.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

A final development plan shall include the information required in a preliminary development plan plus the following additional or more detailed information:

(1)

Every development shall be given a name by which it shall be legally known. The name shall not be the same as any other name appearing on any recorded plat except when the proposed development includes a subdivision that is subdivided as an additional unit or section by the same developer or his successors in title. Every development name shall have legible lettering of the same size and type including the words "section", "unit," "replat," "amended," and the like where relevant. The name of the development shall be indicated on every page.

(2)

If new lots are being created, all lots shall be numeric by progressive numbers; blocks shall be alphabetic, by progressive letters. Except that blocks in numbered additions bearing the same name may be lettered consecutively throughout several additions.

(3)

All contiguous properties shall be identified by development title, plat book, and page, or if the land is unplatted, it shall be so designated. If a new subdivision to be platted is a re-subdivision of a part or the whole of a previously recorded subdivision, sufficient ties shall be shown to controlling lines appearing on the earlier plat to permit an overlay to be made. All abutting existing easements and rights-of-way must be indicated. The abutting existing rights-of-way must be indicated to the centerline.

(4)

Any proposed restrictions pertaining to the type and use and maintenance of existing or proposed improvements, waterways, open spaces, building lines, buffer strips and walls, retention/detention areas and other restrictions of similar nature, shall require the establishment of restrictive covenants and such covenants shall be submitted with the final development plan for recordation and recorded prior to the issuance of the first building permit. The entire cost of recordation shall be borne by the developer.

(5)

Where the development includes private streets, ownership and maintenance association documents shall be submitted with the final development plan and the dedication contained on the development plan shall clearly indicate the roads and maintenance responsibility to the association without recourse to the city or any other public agency. Said document shall be recorded prior to the issuance of the first building permit, all costs to be borne by the developer.

(6)

All manmade lakes, ponds, and other manmade bodies of water shown on the final development plan for a subdivision shall be made a part of adjacent private lot(s) as shown on the final plat. The ownership of these bodies of water shall not be dedicated to the public unless accepted by the city council.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

(a)

A preliminary development order shall contain the following required materials:

(1)

An approved preliminary development plan (may be subject to conditions and modifications) with findings and conclusions.

(2)

A listing of conditions that must be met, and modifications to the preliminary development plan that must be made, in order for a final development order to be issued. The modifications shall be described in sufficient detail and exactness to permit a developer to amend the proposal accordingly.

(3)

A listing of all federal, state, and regional permits that must be obtained in order for a final development order to be issued.

(4)

With regard to the concurrency management requirements in article VI:

a.

The initial determination of concurrency.

b.

The time period for which the preliminary development order is valid. This initial determination indicates that capacity is expected to be available for the proposed project, provided that a complete application for a final development order is submitted prior to the expiration date of the preliminary development order.

c.

Notice that the preliminary development order does not constitute a final development order and that one (1) or more concurrency determinations may subsequently be required. The notice may include a provisional listing of facilities for which commitments may be required prior to the issuance of a final development order.

d.

Notice that issuance of a preliminary development order is not binding with regard to decisions to approve or deny a final development order, and that it does not constitute a binding commitment for capacity of a facility or service.

(b)

A preliminary development order may contain one (1) or more of the following optional materials:

(1)

Agreement by the developer in a recordable written instrument running with the land that no final development order will be requested or approved unless the necessary facilities are programmed for construction within specified time periods.

(2)

Commitment by the developer in a recordable written instrument to contract for provision of the necessary services or facilities to achieve the concurrency requirement.

(3)

Schedule of construction phasing of the proposed development consistent with the anticipated availability of one (1) or more services or facilities.

(4)

Such other conditions as may be required by the community development board to ensure that concurrency will be met for all applicable facilities and services.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2010-14, § 13, 9-7-10; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

(a)

A final development order shall contain the following required materials:

(1)

A determination that, where one was required, a valid preliminary development order exists for the requested development.

(2)

An approved final development plan with findings and conclusions.

(3)

A determination from the city staff that all conditions of the preliminary development order have been met.

(4)

If modifications must be made to the development plan before a final development order may be issued, a listing of those modifications and the time limit for submitting a modified plan.

(5)

A specific time period during which the development order is valid and during which time development shall commence. A final development order shall remain valid only if development commences and continues in good faith according to the terms and conditions of approval. If the first building permit that is related to the final development order is not issued within one (1) year of the date of the issuance of the final development order the approval shall be considered null and void. However, the city council, upon showing of good cause may extend such approval period. All such extensions must be requested and heard by the city council prior to expiration of the development order.

(6)

A commitment by the city to the following:

a.

That if the city agrees to provide some or all of the public facilities needed to meet, shall not be deferred or deleted from the five-year schedule of capital improvements or the adopted one-year capital budget unless the subject final development order expires or is rescinded prior to the issuance of a certificate of occupancy.

b.

Contracts shall provide that construction of necessary facilities must proceed to completion with no unreasonable delay or interruption.

(b)

A final development order may contain one (1) or more of the following optional materials:

(1)

A schedule of construction phasing consistent with availability of capacity of one (1) or more services and facilities.

(2)

A schedule of services or facilities to be provided or contracted for construction by the applicant prior to the issuance of any certificate of occupancy or within specified time periods.

(3)

Any alternate service impact mitigation measures to which the applicant has committed in a recordable written instrument.

(4)

A security agreement in the amount of one hundred ten (110) percent of the cost of services or facilities that the applicant is required to construct, contract for construction, or otherwise provide.

(5)

Such other conditions as may be required to ensure compliance with the concurrency requirement.

(Ord. No. 2004-10, § 1, 10-4-04)

Editor's note— Ord. No. Ord. No. 2022-03, § 1(Exh. A), adopted Aug. 1, 2022, deleted § 27-89, which pertained to a temporary moratorium for development order applications and derived from Ord. No. 2021-05, adopted Sept. 8, 2021.

(a)

It shall be unlawful for any person to submit a plat for the subdivision of land to the clerk of the circuit court of the county or his representative for the purpose of recording the plat in the office of the clerk until the plat has been approved by the city council under the provisions of this article and signed by the mayor. If an unapproved plat is recorded, it shall be stricken from the public records upon the adoption of an appropriate resolution by the city council. No changes, erasures, modifications or revisions shall be made in any plat, approved by the city council without the consent of the city council.

(b)

Where proposed development includes the subdivision of land, the final approval of the development plan by the city council shall be made contingent upon approval by the city council of a plat conforming to the final development plan. Preliminary development plans and preliminary plats may be submitted for review simultaneously.

(Ord. No. 2004-10, § 1, 10-4-04)

(a)

Application of regulations. Except as provided in this section, no person shall be eligible for any development permit for a principal building on any lot subdivided after January 1, 2022, located within the city until the subject property has been platted in conformity with the provisions of this section unless subdivision of the land on which the principal building is not otherwise required.

(b)

Exemption. Upon a finding by the city manager or his designee that the subject property had been platted or no platting was or is required, the following types of development shall be deemed exempt and not subject to the provisions of this mandatory platting requirement of the land development code:

(1)

No further change to a recorded plat is created and all development is undertaken in conformance with the regulations in this chapter.

(2)

The dedication of land or any interest in land to any governmental agency, entity or political subdivision.

(3)

The combination of lots and/or portions of lots in a residential district or those in a residential district with lots in a nonresidential district to create a common building site provided that the property owner presents an instrument recordable in the public records of Duval County, Florida identifying the boundaries of the building site and the intent to develop and convey as one (1) site or parcel in perpetuity or so long as the proposed use exists. Said instrument must be presented to the city council for their acceptance or rejection. No combination shall be approved where approval would allow violation of any other provision of the ULDC. Recording fees and a processing fee, as established by resolution of the city council shall be paid by the property owner.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

Any proposed plat submitted to the city shall contain the following information:

(1)

The boundary lines of the area being subdivided with the distance and bearings and the legal description of the property.

(2)

The lines of all proposed streets with their widths and names. All street names must be approved by the community development department.

(3)

The outline of any portions of the property intended to be dedicated for public use, such as for schools, parks, etc.

(4)

The lines of adjoining streets with their widths and names.

(5)

The square foot area of each lot, the net usable acreage (less jurisdictional areas), and the minimum finished floor elevation (FFE).

(6)

The location of all setback lines, rights-of-way, and easements provided for public use, service, utilities or drainage, both current and proposed.

(7)

All dimensions both linear and angular for locating the boundaries of the subdivision, lots, streets, easements, and any other areas, for public use or private use. Linear dimensions are to be given to the nearest one one-hundredth of a foot.

(8)

The radii, arcs, chords, chord bearings, points of tangencies and central angles for curved streets and rounded block corners, per Florida Statutes.

(9)

The location of all survey monuments, permanent points and azimuth marks with their descriptions.

(10)

The name of the subdivision, the section, township, and range of the land, the scale of the plat (written and graphic), points of the compass and the name of the owner and owners of the subdivision.

(11)

Certification of a currently registered surveyor of the State of Florida as to the correct representation of the plat per Florida Statutes.

(12)

Private restrictions and trusteeships and their period of existence.

(13)

Acknowledgment of the owner, and owners to the plat, mortgagees, and restrictions, including dedication to public use of all streets and parks, alleys, easements, rights-of-way, and public areas shown on such plat, the dedication of or granting of easements required.

(14)

All flood hazard zones as established by the FEMA Flood Insurance Rate Maps.

(15)

Subdivision plats located within areas of potential storm surge inundation shall include a statement that "The area as depicted hereon is subject to storm surge inundation during a Category one, two, three, four, or five hurricane.

(16)

All wetland jurisdictional areas.

(17)

Present zoning district(s) the property is located in.

(18)

The location of permanent benchmarks or PRMs which shall be provided at convenient points with elevations indicated.

(19)

All lots shall be numeric by progressive numerals; blocks shall be alphabetic, by progressive letters. Except those blocks in numbered additions bearing the same name may be lettered consecutively throughout several additions.

(20)

All parcels described in the description of the lands not being subdivided shall clearly indicate, "Not a part of this plat."

(21)

Dedication must be executed by all persons, corporations, or entities whose signature would be required.

(22)

Any private streets shall include an ownership and maintenance association document and shall be indicated clearly on the plat.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

(a)

Submittal of proposed preliminary plat. Three (3) paper copies and one (1) digital copy of a proposed preliminary plat, as described in F.S. Ch. 177, shall be submitted to the city manager or designee. Preliminary development plans may be submitted and considered simultaneously with the proposed preliminary plat. In addition, a boundary survey containing the following shall also be submitted:

(1)

Topography of the site.

(2)

Title opinion shall be incorporated into the boundary survey. The title opinion shall match exactly with the dedication listed on the plat.

(b)

Copies of proposed preliminary plat. The city manager or designee shall forward copies to the community development board after circulating copies to the various city departments for their review.

(c)

Discussion of details. The developer may be asked to meet with city staff to discuss any details of said preliminary plat that may impede the approval and acceptance of the plat.

(d)

Recommendations and comments. Each city department, that so wishes, and the community development board shall submit to the city manager or designee any recommendations and comments in writing.

(e)

Copy of recommendations and comments. The city manager or designee shall then forward a copy of said recommendations and comments to the developer and retain the originals as a record.

(f)

Submittal of proposed final plat. Within six (6) months of receiving said comments and recommendations, the developer shall then submit the proposed final plat in triplicate as described in F.S. Ch. 177, to the city manager or designee, of which one (1) shall be the original. If more than six (6) months elapses, the developer shall resubmit a preliminary plat to reinitiate the process.

(g)

Recommendation by board. Within sixty (60) days after receipt of said proposed final plat, the community development board shall make a recommendation that approves, approves with conditions, or denies said final plat. Failure to do so shall be deemed as a recommendation of approval by the board.

(h)

Approval or denial by city council. At the next available meeting of the city council allowing for required notice, the city council shall approve, approve with conditions, or deny said plat after consideration of the comments and recommendations of the community development board and the various city departments.

(i)

If accepted by council. Upon acceptance by the city council, the seal of the city and the signature of the mayor, city manager, city clerk, community development director, public works director, and city attorney shall be affixed to the original final (3) paper copies of the plats and returned to the developer.

(j)

Approved final plat to be recorded. Within six (6) months after the city council approves said final plat, the developer shall have recorded the plat in the public records of the county and shall return to the community development department two (2) copies showing the certificates of the Clerk of the Circuit Court of Duval County, Florida, and the seal of that court. If more than six (6) months elapse, such plat shall be deemed invalid and the city clerk shall notify the Clerk of the Circuit Court of Duval County, Florida, to refuse to record such plat.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2010-14, § 14, 9-7-10; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

(a)

The provisions of this section apply to all proposed developments in the city, including private road subdivisions.

(b)

Nothing in this section shall be construed as relieving a developer of any requirement relating to concurrency in this Code.

(c)

This section does not modify existing agreements between a developer and the city for subdivisions platted and final development orders granted prior to the effective date of this Code, providing such agreements are current as to all conditions and terms thereof.

(Ord. No. 2004-10, § 1, 10-4-04)

The approval of any final development plan shall be subject to the developer providing assurance that all required improvements, including, but not limited to, storm drainage facilities, streets and highways, water and sewer lines, shall be satisfactorily constructed according to the approved development plan. The following information shall be provided:

(1)

Agreement that all improvements, whether required by this Code or constructed at the developer's option, shall be constructed in accordance with the standards and provisions of this Code.

(2)

The term of the agreement indicating that all required improvements shall be satisfactorily constructed within the period stipulated. The term shall not exceed five (5) years from the recording of the plat or thirty (30) percent occupancy of the development, whichever comes first.

(3)

The projected total cost for each improvement. Cost for construction shall be determined by either of the following:

a.

Estimate prepared and provided by the applicant's engineer.

b.

A copy of the executed construction contract provided.

(4)

Specification of the public improvements to be made and dedicated together with the timetable for making improvements.

(5)

Agreement that upon failure of the applicant to make required improvements (or to cause them to be made) according to the schedule for making those improvements, the city shall utilize the security provided in connection with the agreement.

(6)

Provision of the amount and type of security provided to ensure performance.

(7)

Provision that the amount of the security may be reduced periodically, but not more than two (2) times during each year, subsequent to the completion, inspection and acceptance of improvements by the city.

(Ord. No. 2004-10, § 1, 10-4-04)

(a)

The amount and type of the security listed in the improvement agreement shall be approved as adequate by the city manager.

(b)

Security requirements may be met by the following:

(1)

Cashiers check;

(2)

Certified check;

(3)

Interest bearing certificate of deposit;

(4)

Irrevocable letters of credit;

(5)

Surety bond.

(c)

The amount of security shall be one hundred and ten (110) percent of the total construction costs for the required developer-installed improvements. The amount of security may be reduced commensurate with the completion and final acceptance of required improvements. In no case, however, shall the amount of the bond be less than one hundred and ten (110) percent of the cost of completing the remaining required improvements.

(d)

Standard forms are available from the city approved by the city council.

(Ord. No. 2004-10, § 1, 10-4-04)

(a)

A maintenance agreement and security shall be provided to assure the city that all required improvements shall be maintained by the developer according to the following requirements:

(1)

The period of maintenance shall be a minimum of three (3) years.

(2)

The maintenance period shall begin with the acceptance by the city of the construction of the improvements.

(3)

The security shall be in the amount of fifteen (15) percent of the construction cost of the improvements.

(b)

Whenever a proposed development provides for the creation of facilities or improvements which are not proposed for dedication to the city, a legal entity shall be created to be responsible for the ownership and maintenance of such facilities and/or improvements.

(1)

When the proposed development is to be organized as a condominium under the provisions of F.S. Ch. 718, common facilities and areas shall be conveyed to the condominium's association pursuant to that law. Additionally, all amenities indicated on the city approved final development plan shall be completed prior to the issuance of the first certificate of occupancy (CO) for any dwelling unit. Within phased developments, amenities shall be included in the same phase of the development as the contiguous structures.

(2)

When no condominium is to be organized, an owners' association shall be created, and all common facilities and areas shall be conveyed to that association. Additionally, all amenities indicated on the city approved final development plan shall be completed prior to the issuance of the first certificate of occupancy (CO) for any dwelling unit. Within phased developments, amenities shall be included in the same phase of the development as the contiguous structures.

(3)

No final development order shall be issued for a development for which an owners' association is required until the documents establishing such association have been reviewed and approved by the city attorney.

(c)

An organization established for the purpose of owning and maintaining common facilities and areas not proposed for dedication to the city shall be created by covenants running with the land. Such organization shall not be dissolved nor shall it convey any common facilities or areas by sale or otherwise without first obtaining city council approval.

(Ord. No. 2004-10, § 1, 10-4-04)

When improvements are completed, final inspection shall be conducted and corrections, if any, shall be completed before final acceptance is recommended by the building official. A recommendation for final acceptance shall be made upon receipt of a certification of project completion and one (1) copy of all test results relating to the improvement. As required improvements are completed and accepted, the developer may apply for release of all or a portion of the security consistent with this division.

(Ord. No. 2004-10, § 1, 10-4-04)

This division establishes the procedures for enforcement and for issuing a minor and major deviation from a final development plan.

(Ord. No. 2004-10, § 1, 10-4-04)

Refer to article I for definitions.

(Ord. No. 2004-10, § 1, 10-4-04)

The city shall periodically inspect development work in progress to ensure compliance with the development permit which authorized the activity.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

If the work is found to have one (1) or more minor deviations, the city manager or designee may amend the final development order to conform to actual development. The city manager or designee may, however refer any minor deviation that significantly affects the development's compliance with the purposes of this Code to the community development board for treatment as a major deviation.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2010-14, § 15, 9-7-10)

(a)

If the work is found to have one (1) or more major deviations, the city manager or designee shall:

(1)

Place the matter on the next agenda of the community development board, allowing for adequate notice, and recommend appropriate action for the board to take.

(2)

Issue a stop work order and/or refuse to allow occupancy of all or part of the development if deemed necessary to protect the public interest. The order shall remain in effect until the city determines that work or occupancy may proceed pursuant to the decision of the community development board.

(3)

Refer the matter to the code inspector, if it appears that the developer has committed violations within the jurisdiction of the code enforcement board.

(b)

The community development board shall hold a quasi-judicial public hearing on the matter and shall take one (1) of the following actions:

(1)

Order the developer to bring the development into substantial compliance (i.e., having no or only minor deviations) within a reasonable period of time. The final development order or permit may be revoked if this order is not complied with.

(2)

Amend the final development order or permit to accommodate adjustments to the development made necessary by technical or engineering considerations first discovered during actual development and not reasonably anticipated during the initial approval process. Amendments shall be the minimum necessary to overcome the difficulty, and shall be consistent with the intent and purpose of the development order given and the requirements of this Code.

(3)

Revoke the relevant final development order or permit based on a determination that the development cannot be brought into substantial compliance and that the development order or permit should not be amended to accommodate the deviations.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2010-14, § 16, 9-7-10; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

After a final development order or permit has been revoked, development activity shall not proceed on the site until a new final development order or permit is granted in accordance with procedures for original approval.

(Ord. No. 2004-10, § 1, 10-4-04)

No development permit or building permit shall be approved if the fire marshal, chief of police, building official or city manager determines that a condition exists anywhere on the parcel that is a threat to human life, health, and safety, or the welfare of the public. Said determination shall be reviewed by the city council and upheld, denied or upheld or denied with conditions by a majority vote. A development permit or building permit to correct said hazardous conditions may be approved by the fire marshal, chief of police, building official or city manager without review the city council.

(Ord. No. 2024-08, § 1, 11-4-24; Ord. No. 2024-09, § 1, 11-18-24)

This division establishes the means for an aggrieved or adversely affected person to appeal an administrative, legislative, or quasi-judicial decision.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

Any final action by the city council, or the community development board are subject to review in a court of competent jurisdiction as prescribed by law.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2010-14, § 17, 9-7-10; Ord. No. 2016-02, § 1, 3-7-16)

(a)

Generally. Any aggrieved or adversely affected person may appeal any final order or decision of the city manager or their respective designees to the community development board within thirty (30) days of the date that the order was rendered.

(b)

Appeal application. The appeal shall be made in writing indicating the following:

(1)

A statement of the decision to be reviewed, and the date of the decision.

(2)

A statement of the interest of the person seeking review.

(3)

The specific error alleged as the grounds of the appeal.

(c)

Appeals process. The following procedure shall be followed to process appeals:

(1)

Submittal of appeal. The aggrieved or adversely affected person shall submit a completed appeal application, as described in this part, to the city clerk who shall indicate on the application the date of submittal.

(2)

The city manager, or designee, shall compile and transmit to the community development board all copies constituting the record relating to the decision being appealed.

(3)

The community development board shall fix a reasonable time and place for the hearing of appeals and shall give notice thereof to the persons making the appeal and to the officer from whom the appeal is being taken.

(4)

At the hearing, parties of interest may appear in person or by agent or attorney. The community development board may reverse, affirm, in whole or in part, or modify the order, requirement, decision, or determination being appealed. In so doing, the requisite board shall have all of the powers of the officer from whom the appeal is taken.

(d)

Effect of appeal. An appeal stays all actions required by or relating to the decision being appealed, unless the city manager certifies to the community development board that such a stay would, in his opinion, cause imminent peril to life or property, in which case the actions shall not be stayed.

(e)

Burden of proof. The burden of proof that the decision being appealed is in error shall be upon the applicant for the appeal.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2010-14, § 18, 9-7-10; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

The city council upon recommendation by the community development board, may grant a variance from the strict application of any provision of the Code, except provisions for permissible uses and concurrency, or residential variances otherwise decided by the community development board, provided that such variance is granted in conformance with this section.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2010-14, § 19, 9-7-10; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

Refer to article I for definitions.

(Ord. No. 2004-10, § 1, 10-4-04)

(a)

All applications for variances shall be filed with the city using the forms approved and provided by the city staff.

(b)

The application shall be accompanied by payment of the official filing fee as set by resolution of the city council.

(c)

The application shall include the following:

(1)

Name and address of the owner and agent, along with notarized signatures of the same;

(2)

Address and legal description of the property, a copy of the deed and an accurate survey;

(3)

A description of the proposed variance;

(4)

An eight and one-half (8½) inches by eleven (11) inches overhead site plan drawn to an appropriate scale showing the location of all existing and proposed improvements to the property and including all setback measurements from property lines. The plot plan, as submitted or modified by the applicable board, shall be binding upon the applicant if the variance is granted;

(5)

The conditions affecting the property which are not typical of other properties in the zoning district;

(6)

Facts indicating the unique hardship on the real property;

(7)

Facts indicating that the variance would not be detrimental to the public welfare or nullify the intent of the Code;

(8)

An eight and one-half (8½) inches by eleven (11) inch copy of the relevant area of the Duval County Property Ownership Map, to be provided by the building official's office as part of the application packet. Said copy shall show the exact location of the land proposed for the variance, along with all of the properties requiring notice as described in subsection 27-144(c)(2);

(9)

A list of the addresses of all properties, as described in subsection 27-144(c);

(10)

Notice of exceptional requirements as applicable in section 27-150 or section 27-151, shall be provided; and

(11)

Photographs of property as it exists.

(Ord. No. 2004-10, § 1, 10-4-04)

(a)

Notice indicating the time and place of the quasi-judicial public hearing shall be posted in two (2) places in the city, one (1) of which shall be in the front yard of the subject property, facing the street on which the property is addressed, and one (1) of which shall be at City Hall on the public notice board, for at least ten (10) days immediately prior to the quasi-judicial public hearing before the community development board or the city council. Such notice shall contain the address or location of the property and the nature of the application. The notice at the variance site shall be a standard size and design established by the community development board and shall be placed at the subject property by a representative of the building department.

(b)

The building department shall ensure advertised notice is printed in a newspaper of general circulation within the City of Neptune Beach at least ten (10) days prior to the quasi-judicial public hearing before the community development board. The advertised notice shall state the date, time, place of the quasi-judicial public hearing, case number, and shall contain the address of the property and the nature of the application.

(c)

At least ten (10) days prior to the quasi-judicial public hearing, the building department shall give notice of the quasi-judicial public hearing before the community development board by U.S. Mail to the following:

(1)

The property owner and the applicant if different from the owner; and

(2)

The owner(s), as listed in the current Duval County Tax Assessor's records, of each property within a three hundred-foot radius of the boundary of the subject property.

(d)

If any party described in section 27-153 does not contest the issue of proper notice within thirty (30) days from the date the applicable community development board or the city council renders final action on a variance, then notice shall be deemed to be in compliance with this section.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2010-14, § 20, 9-7-10; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

(a)

Submittal of application. The owner or developer shall submit a completed application, as described in section 27-143, to the office of the city manager or designee.

(b)

Determination of sufficiency. The city manager or designee shall review the application within five (5) working days of its submission to determine if it is sufficient. When the application is determined to be complete within the requirements of section 27-143, the city manager or designee shall forward the application to the community development board for consideration.

(c)

Community development board action. Allowing for proper notice according to section 27-144, the community development board shall conduct a quasi-judicial public hearing and shall issue a decision granting, granting with conditions, or denying the variance pursuant to the standards of this division and after making the findings of fact required by this division.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2010-14, § 21, 9-7-10; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

Editor's note— Ord. No. 2022-03, § 1(Exh. A), adopted Aug. 1, 2022, deleted § 27-145.1 entitled "Administrative variances," which derived from: Ord. No. 2004-10, § 1, adopted Oct. 4, 2004; and Ord. No. 2010-14, § 22, adopted Sept. 7, 2010.

(a)

Submittal of application. The owner or developer shall submit a completed application, as described in section 27-143, to the office of the city manager or designee.

(b)

Determination of sufficiency. The city manager or designee shall review the application within five (5) working days of its submission to determine if it is sufficient. When the application is determined to be complete within the requirements of section 27-143, the city manager or designee shall forward the application to the community development board for consideration.

(c)

Community development board action. Allowing for proper notice as specified in this division, the community development board shall conduct a quasi-judicial public hearing and shall prepare, in writing, its comments and recommendation to the city council for approval, approval with conditions, or denial of the application. Any person at the quasi-judicial public hearing shall be afforded the opportunity to be heard.

(d)

City council action. At the next available meeting of the city council, allowing for required notice as described in this part, the city council, by way of quasi-judicial public hearing, shall approve, deny, or approve with conditions said application after consideration of the comments and recommendations of the community development board, based on the standards set forth in this division.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2007-10, § 1, 8-6-07; Ord. No. 2010-14, § 23, 9-7-10; Ord. No. 2022-03, § 1(Exh. A), 8-1-22; Ord. No. 2023-11, § 1(Exh. A), 1-2-24)

(a)

Establishment or expansion of a use otherwise prohibited or not permitted shall not be allowed by variance.

(b)

A variance shall not be granted solely because of existing nonconformities, but shall consider topography, elevation, and other such natural occurrences in the zoning district or in the adjoining zoning district.

(c)

A modification to lot requirements so as to increase the permitted density shall not be considered a variance.

(d)

A variance shall not change the functional classification of a use permitted or permissible in a zoning district.

(e)

A variance shall not change the requirements for concurrency.

(f)

A variance shall not allow a billboard to be erected or maintained.

(g)

A variance shall be personal to the applicant and shall not be tied to the land unless the variance is implemented prior to the expiration of the granted variance, or if indicated otherwise on the variance application.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

The community development board shall not recommend approval of, any variance unless it makes a positive finding, based on substantial competent evidence presented at the public hearing, on each of the following criteria:

(1)

The property has unique and peculiar circumstances, which create an exceptional and unique hardship. For the purpose of this determination, the unique hardship shall be unique to the parcel and not shared by other property owners in the same zoning district.

(2)

The proposed variance is the minimum necessary to allow the reasonable use of the parcel of land.

(3)

The proposed variance would not adversely affect adjacent and nearby properties or the public in general.

(4)

The proposed variance will not substantially diminish property values in, nor alter the essential character of, the area surrounding the site.

(5)

The effect of the proposed variance is in harmony with the general intent of the ULDC and the specific intent of the relevant subject area(s) of the ULDC.

(6)

The need for the variance has not been created by the actions of the property owner or developer nor is the result of mere disregard for the provisions from which relief is sought.

(7)

Granting the variance will not confer upon the applicant any special privilege that is denied by the ULDC to other lands, buildings, or structures in the same zoning district.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2007-10, § 2, 8-6-07; Ord. No. 2009-05, § 1, 6-1-09; Ord. No. 2010-14, § 24, 9-7-10)

In issuing a variance, the community development board or the city council may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to minimize the injurious effect of the variance.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2010-14, § 25, 9-7-10)

An approved variance shall be personal to the record title owner at the time of its approval unless an applicant requests transferability and shall, in any event, expire either one (1) year after the date of approval or by earlier council action, unless construction has actually commenced. A one-time extension of up to twelve (12) months may be granted, if the applicant provides a written request to the city manager or designee. An applicant who wishes to utilize a variance that has expired must file a new application and repay the fees associated with a variance application, and the newly filed variance will go through the same process as the original variance.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

Editor's note— Ord. No. 2023-11, § 1(Exh. A), adopted Jan. 2, 2024, deleted § 27-150 entitled "Special provisions for variances and appeals regarding floodplain regulations," which derived from: Ord. No. 2004-10, § 1, adopted Oct. 4, 2004; Ord. No. 2010-14, § 26, adopted Sept. 7, 2010; Ord. No. 2011-25, § 3, adopted Dec. 5, 2011; Ord. No. 2012-11, § 2, adopted Dec. 4, 2012; Ord. No. 2013-01, § 2, adopted May 6, 2013; and Ord. No. 2022-03, § 1(Exh. A), adopted Aug. 1, 2022.

Editor's note— Ord. No. 2023-11, § 1(Exh. A), adopted Jan. 2, 2024, deleted § 27-151 entitled "Special provisions where floodplain variances are sought for historically significant properties," which derived from: Ord. No. 2004-10, § 1, adopted Oct. 4, 2004; and Ord. No. 2022-03, § 1(Exh. A), adopted Aug. 1, 2022.

The violation of terms or conditions of a variance shall be treated as a violation of this Code and subject to applicable remedies.

(Ord. No. 2004-10, § 1, 10-4-04)

(a)

The following persons may appeal to the city council any final decision of the community development board with respect to a variance for the property located within the R-1, R-2, R-3, R-4 or R-5 zoning districts:

(1)

The applicant for the variance;

(2)

The owner of any property within three hundred (300) feet, as described in subsection 27-144(c)(2), for which the variance was requested; or

(3)

Any person deemed a party intervener or similar status under applicable rules adopted by the community development board.

(b)

The notice of appeal shall state the specific error(s) alleged as the grounds for the appeal and shall be filed, along with the filing fee, as passed by resolution of the city council, with the city clerk within thirty (30) days from the date the decision of the applicable board is rendered.

(c)

At its next regular meeting, following all appropriate notice, the city council shall review the record of the hearing conducted by the community development board. No new evidence may be presented unless it pertains to events or circumstances, which have substantially changed since the community development board decision. The city council shall uphold the decision of the community development board unless the council finds that:

(1)

Defects in notice or procedural due process are alleged and proven; or

(2)

The decision of the community development board is not supported by competent substantial evidence and testimony produced at the public hearing; or

(3)

New evidence is available because of substantial changes in circumstance.

(d)

The city council must affirm, modify, or reverse, each appeal of a variance. When the council acts on an appeal of a final decision of the board, that action shall be deemed to be the final action of the city and shall be subjected to no further review by the city council.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2010-14, § 27, 9-7-10; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

Decisions of the city council in accordance with the appeal procedures as described in section 27-153, or on variances for property located within the C-1, C-2, C-3, CBD and conservation districts, shall be subject to review only as provided by Florida law.

(Ord. No. 2004-10, § 1, 10-4-04)

This division establishes the procedures for applying for and granting special exceptions.

(Ord. No. 2004-10, § 1, 10-4-04)

Refer to article I for definitions.

(Ord. No. 2004-10, § 1, 10-4-04)

(a)

Form. All applications for special exceptions shall be in writing and in such form as may be determined by the city council.

(b)

Information necessary. The application shall, at a minimum, include the following:

(1)

Name and address of the owner and agent, along with notarized signatures of the same;

(2)

Address and legal description of the property;

(3)

The current designation on the adopted future land use map and current zoning of the property for which the special exception is being sought;

(4)

Information necessary to make the findings as required in this division;

(5)

A site plan drawn to an appropriate scale showing the property as it is intended to be developed or modified pursuant to the proposed special exception.

(6)

For special exceptions in the C-1, C-2, C-3, and CBD zoning districts, the site plan must meet all requirements for a final development plan. For special exceptions in other zoning districts, the site plan may also be required to meet all requirements for a final development plan.

(c)

Binding. The site plan or final development plan, as submitted or as modified by the community development board or the city council, may be made binding upon the special exception, if granted, as a condition of approval (see section 27-161).

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

(a)

Notice indicating the time and place of the quasi-judicial public hearing shall be posted in two (2) places in the city, one (1) of which shall be in the front yard of the subject property, facing the street on which the property is addressed, and one (1) of which shall be at City Hall on the public notice board, for at least ten (10) days immediately prior to the quasi-judicial public hearing. Such notice shall contain the address or location of the property and the nature of the application. The notice at the site shall be a standard size and design established by the community development board and shall be placed at the subject property by a representative of the building department.

(b)

The city clerk shall ensure advertised notice is printed in a newspaper of general circulation within the City of Neptune Beach at least ten (10) days prior to the quasi-judicial public hearing. The advertised notice shall state the date, time, place of the public hearing, case number, and shall contain the address of the property and the nature of the application.

(c)

At least ten (10) days prior to the quasi-judicial public hearing, the building department shall give notice of the public hearing by U.S. Mail to the following:

(1)

The property owner and the applicant if different from the owner; and

(2)

The owner(s), as listed in the current Duval County Tax Assessor's records, of each property within a three hundred-foot radius of the boundary of the subject property.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2010-14, § 28, 9-7-10; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

(a)

Submittal of application. The applicant shall submit a completed application using the prescribed form, as described in this division, to the city manager or designee along with the appropriate application fee.

(b)

Consideration by community development board. The city manager or designee shall forward said application to the community development board for consideration.

(c)

Community development board quasi-judicial public hearing. Allowing for proper notice as specified in this division, the community development board shall conduct a quasi-judicial public hearing and shall prepare, in writing, its comments, recommendations, and/or decision for approval, approval with conditions, or denial of the application, based on the standards set forth in this division. Any person at the public hearing shall be afforded the opportunity to be heard.

(d)

Community development board action. Unless appealed pursuant to section 27-163, the decision of the community development board shall be final for special exceptions affecting less than one (1) acre of land in any residential zoning district. For all other special exceptions, the decision of the community development board shall be a recommendation to the city council, which will make the final decision.

(e)

City council action. For special exceptions affecting more than one (1) parcel of land in any residential zoning district, and for all other special exceptions, at the next available meeting of the city council, allowing for required notice as described in this division, the city council by way of quasi-judicial hearing shall approve, deny, or approve with conditions said application after consideration of the comments and recommendations of the community development board, based on the standards set forth in this division.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2007-11, § 1, 9-4-07; Ord. No. 2010-14, § 29, 9-7-10; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

A special exception may not be approved by the community development board or the city council without making a positive finding, based on substantial competent evidence, on each of the following, to the extent applicable:

(1)

The proposed use is consistent with the comprehensive plan;

(2)

The proposed use would be compatible with the general character of the area, considering the population density; the design, density, scale, location, and orientation of existing and permissible structures in the area; property values; and the location of existing similar uses;

(3)

The proposed use would not have an environmental impact inconsistent with the health, safety and welfare of the community;

(4)

The proposed use would not generate or otherwise cause conditions that would have a detrimental effect on vehicular traffic, pedestrian movement, or parking inconsistent with the health, safety and welfare of the community;

(5)

The proposed use would not have a detrimental effect on the future development of the area as allowed in the comprehensive plan;

(6)

The proposed use would not result in the creation of objectionable or excessive noise, light, vibration, fumes, odors, dust or physical activities inconsistent with existing or permissible uses in the area;

(7)

The proposed use would not overburden existing public services and facilities; and

(8)

The proposed use meets all other requirements as provided for elsewhere in this Code.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2007-11, § 2, 9-4-07; Ord. No. 2010-14, § 30, 9-7-10; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

In reviewing a special exception, the community development board, and the city council may impose such conditions and restrictions upon the premises benefited by a special exception as may be necessary to allow a positive finding to be made on any of the foregoing factors, or to minimize the injurious effect of the special exception.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2010-14, § 31, 9-7-10)

(a)

Any special exception granted by the community development board, or the city council shall only apply to the property for which the permit was granted. Under no circumstance shall the special exception apply to any adjacent or contiguous property that may be acquired, subsequent to the issuance of the special exception.

(b)

A special exception, if granted, applies to the specific land for which it was approved. Unless a specific condition on the special exception provides otherwise, the special exception and any extensions will apply equally to future owners of the same land.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

(a)

The following persons may appeal to the city council any final decision of the community development board with respect to a special exception:

(1)

The applicant for the special exception;

(2)

The owner of any property within three hundred (300) feet from the subject property; or

(3)

Any person deemed a party intervener or similar status under applicable rules adopted by the community development board.

(b)

The notice of appeal shall state the grounds for the appeal and shall be filed, along with the filing fee, as established by resolution of the city council, with the city clerk within thirty (30) days from the date the decision of the community development board was rendered.

(c)

At its next regular meeting, following all appropriate notice, the city council shall review the record of the hearing conducted by the community development board. No new evidence may be presented unless it pertains to events or circumstances, which have substantially changed since the community development board decision. The city council shall uphold the decision of the community development board unless the council finds that:

(1)

Defects in notice or procedural due process are alleged and proven; or

(2)

The decision of the community development board is not supported by competent substantial evidence and testimony produced at the quasi-judicial public hearing; or

(3)

New evidence is available because of substantial changes in circumstance.

(d)

The city council shall approve, deny, or approve with conditions the requested special exception after reconsideration of the decision of the community development board, based on the standards set forth in this division. When the council acts on an appeal of a final decision of the community development board, that action shall be deemed to be the final action of the city.

(Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

Editor's note— With the inclusion of new provisions designated as § 27-163 adopted by Ord. No. 2022-03, existing §§ 27-162.1—27-164 were renumbered as §§ 27-164—27-166, accordingly.

Appeals of the final grant or denial of a special exception by the city council shall be as provided by Florida law.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

Unless the use or construction, specially permitted by the special exception, has actually been commenced within twelve (12) months following the date the special exception is rendered, the special exception shall expire and be of no further force, validity, or effect. An extension up to an additional twelve (12) months may be granted by the city manager, or designee, after review of a formal request in writing with supporting documentation and receipt of any applicable fees.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2010-04, § 1, 3-1-10; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

The violation of terms or conditions of a special exception shall be treated as a violation of this Code and subject to applicable remedies.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

Any portion of this Code may be amended, supplemented, changed, modified or repealed and the zoning map may be modified by the rezoning of land as provided for in this division, provided that all changes are consistent with the comprehensive plan.

(Ord. No. 2004-10, § 1, 10-4-04)

Refer to article I for definitions.

(Ord. No. 2004-10, § 1, 10-4-04)

Amendments to this Code, and to the zoning map, shall be consistent with the comprehensive plan.

(Ord. No. 2004-10, § 1, 10-4-04)

The time periods provided for in this division are procedural and not substantive and noncompliance with a time period shall neither confer, nor deny a substantive right to an applicant for rezoning of property.

(Ord. No. 2004-10, § 1, 10-4-04)

(a)

The application for rezoning shall contain:

(1)

A current certified, signed, and sealed survey prepared by a state licensed professional land surveyor;

(2)

The street location as near as may be given;

(3)

The name and address of the owner of the premises;

(4)

The current designation on the adopted future land use map and the current zoning district classification;

(5)

The proposed zoning district classification for which the application is made, and, if a comprehensive plan amendment is being requested simultaneously, the proposed designation on the future land use map;

(6)

A description of the existing uses of the premises; and

(7)

A clear and concise statement of the reasons advanced why such change in zoning classification is (or will be) consistent with the comprehensive plan and the land should be rezoned.

(b)

The application shall include an accurate plat or development plan of the premises involved and all premises within at least three hundred (300) feet thereof on a scale no smaller than two hundred (200) feet to the inch.

(c)

The application shall be signed by the applicant or his authorized agent and by the property owner if different than the applicant, or his authorized agent and these signatures shall be notarized.

(d)

The applicant may attach to such application any studies or written statements relevant upon the matter.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

An application for rezoning may be withdrawn at any time so long as no notice has been given as specified in this Code.

(Ord. No. 2004-10, § 1, 10-4-04)

(a)

The applicant shall submit to the city manager, or designee, one (1) completed application and appropriate fee, together with evidence that the deposit required by law to cover all costs of each publication of every required notice of quasi-judicial public hearing thereon has been made with the city manager or designee.

(b)

Within ten (10) days after receipt of an application, the city manager or designee shall determine that the information is complete or incomplete and inform the applicant of any deficiencies, if any. If the application is deemed:

(1)

Incomplete, the applicant may submit the required information within thirty (30) days without payment of an additional application fee, but, if more than thirty (30) days elapse, the developer must thereafter initiate a new application and pay a new application fee; or

(2)

Complete, the city manager or designee shall forward said application to the community development board.

(c)

The community development board shall:

(1)

Conduct such study and investigation of the matter as shall be necessary or proper;

(2)

Conduct a quasi-judicial public hearing to discuss the proposed changes and make a recommendation to the city council that the application should be approved, denied, or approved with modifications.

(d)

The city council upon receiving such recommendation, shall conduct a quasi-judicial public hearing on the proposed ordinance not more than sixty (60) days or less than thirty (30) days from the date the community development board submits its written recommendation.

(e)

After the adoption of an ordinance rezoning land, the city clerk shall forward a certified copy to the Property Appraiser of Duval County, Florida.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2010-14, § 32, 9-7-10; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

(a)

Sign posted. The designated sign shall be posted on the premises involved in the rezoning at least three (3) weeks prior to the community development board meeting and remain until the city council takes final action.

(b)

Required sign dimensions. The required sign shall not be less than eighteen (18) inches in height and twenty-four (24) inches in width.

(c)

Location of posted sign. The sign shall be posted within ten (10) feet of the street upon which the premises face and shall be plainly visible, unobstructed, and legible from the street.

(d)

Process, quasi-judicial public hearings, and notification for amendments to this Code or rezoning of land (city council public hearing). The amendment process, including quasi-judicial public hearings and notification regarding amendments to this Code which change the actual list of permitted, conditional or prohibited uses within a zoning category or which change the actual zoning map designation of land in the city shall be as required by F.S. Ch. 166, as amended.

(e)

If any aggrieved party does not contest the issue of proper notice within thirty (30) days of the city council rendering its decision, then notice shall be deemed to be in compliance with this section.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2010-14, § 33, 9-7-10; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

(a)

No ordinance to rezone land shall contain conditions, limitations, or requirements not applicable to all other land in the zoning district to which the particular land is rezoned.

(b)

No ordinance to rezone land or to change this Code that would be inconsistent with the comprehensive plan shall be adopted.

(Ord. No. 2004-10, § 1, 10-4-04)

(a)

Whenever the council has denied an application for the rezoning of land, no further application shall be filed for the rezoning of a part or all of the same land for a period of one (1) year from the date of the denial.

(b)

In the event that two (2) or more applications for the land have been denied, no further application shall be filed for the same rezoning of a part or all of the same land for a period of two (2) years from the date of the last denial.

(c)

These time limits may be waived by an affirmative vote of two-thirds of the council when this action is deemed necessary to prevent injustice or to facilitate the proper development of the city.

(Ord. No. 2004-10, § 1, 10-4-04)

This division establishes the means to amend the adopted comprehensive plan.

(Ord. No. 2004-10, § 1, 10-4-04)

In cases where a change in the comprehensive plan is needed prior to receiving a change in this Code, or the zoning map, nothing shall prohibit the application of an amendment to the comprehensive plan to be processed simultaneously, provided that the consideration of the amendment to the comprehensive plan by the community development board and the city council shall appear first on any agenda. In such instances, separate ordinances will be required for each action.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2010-14, § 33, 9-7-10; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

Refer to article I for definitions.

(Ord. No. 2004-10, § 1, 10-4-04)

Modifications to update the five-year schedule of capital improvements, which is an integral part of the capital improvements element of the comprehensive plan, may be accomplished by ordinance and are not required to be amendments to the comprehensive plan. See F.S. § 163.3177(3).

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2010-14, § 33, 9-7-10; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

(a)

Any person, board, or agency may apply in writing and pay the appropriate fee to amend the comprehensive plan.

(b)

The city manager, or designee, shall forward said proposed amendment to members of the community development board.

(c)

The city manager, or designee, shall notify and solicit comments relative to the proposed amendment from the adjacent communities of the City of Jacksonville, the City of Jacksonville Beach, and the City of Atlantic Beach.

(d)

The community development board shall hold a quasi-judicial public hearing to consider said proposed amendment and thereafter shall submit to the city council a written recommendation which:

(1)

Identifies any provisions of the Code, comprehensive plan, or other law relating to the proposed change and describes how the proposal relates to them.

(2)

States factual and policy considerations pertaining to the recommendation.

(3)

Includes those comments or recommendations received from adjacent communities.

(4)

Confirms that this public hearing complied with all requirements of the Community Planning Act (see F.S. 163.3184).

(e)

After this public hearing, the proposed amendment shall be forwarded to the city council (see section 27-188).

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2010-14, § 34, 9-7-10; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

(a)

The formal amendment process, including public hearings and notification for comprehensive plan amendments, shall be as required by F.S. Ch. 163, Part II known as the Community Planning Act.

(b)

Two quasi-judicial public hearings before the city council are required by the Community Planning Act:

(1)

A transmittal hearing, after which certain agencies are given an opportunity to review amendments that the city council is continuing to consider.

(2)

A formal adoption hearing, where a proposed amendment may be adopted by ordinance.

(c)

The effective date of amendments adopted by ordinance will be established in accordance with the Community Planning Act.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)

State Law reference— Amending comprehensive plan, F.S. § 163.3184 et seq.