§ 654.106. Definitions.

As used in this Chapter:

(a)

Abutting property means property that is immediately adjacent to property that is subject to review under these regulations or property that is located immediately across a road or public right-of-way from the property that is subject to review under these regulations.

(b)

Alley means a right-of-way which affords only a secondary means of access to property abutting thereon.

(c)

Bikeway means a roadway which is specifically designated as being open to bicycle travel, regardless of whether such facilities are designated for the exclusive use of bicyclists, or are to be shared with other vehicles.

(d)

Bicycle path means land that has been treated, prepared or constructed in such a way as to permit the continuous passage of persons riding bicycles.

(e)

Block includes a tier or group of lots existing within well-defined and fixed boundaries, usually being an area surrounded by streets or other physical barriers and having an assigned number, letter or other name through which it may be identified.

(f)

Block corner or lot corner means an angle point in the boundary of a block or lot.

(g)

Building includes the word structure and shall be construed as if followed by the phrase or part thereof.

(h)

Cash or cash deposit means cash, cashier's and certified checks for immediate payment to the City, cash deposited in accounts subject to the control of the City and certificates of cash deposited, assigned and delivered to the City.

(i)

Community means a development offering eventually all social and physical aspects of a full living environment. A full living environment includes not only housing in a variety of types and size ranges but also opportunities for employment as well as facilities for educational, recreational and cultural participation.

(j)

Comprehensive plan means the City of Jacksonville's 2030 Comprehensive Plan adopted pursuant to Ordinance 2009-791-E on November 10, 2009 by the City Council, with an effective date of February 4, 2010, as such plan may be amended from time to time.

(k)

Concurrency means that the necessary public facilities and services to maintain the adopted level of service standards of the Comprehensive Plan are available when the impacts of development occur.

(l)

Concurrency and Mobility Management System Office (CMMSO) means the office within the Planning and Development Department that is responsible for the coordination of all concurrency and mobility reviews and requirements.

(m)

Concurrency Reservation Certificate (CRC) means the official document issued by the City of Jacksonville through the Concurrency and Mobility Management System Office (CMMSO) pursuant to Chapter 655, Ordinance Code, upon finding that an application for the certificate in reference to a specific final development order or final development permit for a particular development will not result in the reduction of the adopted level of service standards for impacted potable water, sanitary sewer, recreation, public schools, drainage and solid waste facilities and services as set forth in the 2030 Comprehensive Plan.

(n)

Conditional Capacity Availability Statement (CCAS) means the official document issued by the City through the Concurrency and Mobility Management System Office (CMMSO) which precedes the review of an application for a CRC and which constitutes the issuance of reserve capacity or a statement of those conditions which must be fulfilled prior to the issuance of reserve capacity as to the public facilities listed in Section 655.112, Ordinance Code.

(o)

Department means the Planning and Development Department.

(p)

Developer means a person or his duly authorized agent who undertakes the subdivision of land as defined herein. The term developer includes the term subdivider .

(q)

Director means the Director of Planning and Development or his designee.

(r)

Drainage Easement means an easement designed for conveyance or management of surface or storm water, including but not limited to "Surface Water or Stormwater Management Systems" as defined, regulated and permitted by the St. Johns River Water Management District.

(s)

Easement means a grant by the owner of land to a third party, such as another person or group of persons, or an entity, or a public agency, that allows the owner's land to be used for a specific use or purpose. The land subject to an easement remains owned by the owner and can be used by the owner for other purposes that are not inconsistent with the easement, unless otherwise expressly provided in the easement.

(t)

Engineer means an engineer who is currently registered in accordance with F.S. Ch. 471.

(u)

Improvements, public means any of the following, which are listed only for the purpose of illustration and emphasis: street pavement, with or without curbs and gutters; sidewalks; alley pavement; water mains; sanitary sewers, storm sewers or storm drainage; and street name signs or other traffic control devices.

(v)

Land includes water, marsh or swamp.

(w)

Land Development Procedures Manual means the procedures and criteria contained in the document sometimes referred to as the "Redbook" produced by the Subdivision Standards and Policy Advisory Committee in conjunction with the Planning and Development Department, the Public Works Department, the JEA, the Office of the General Counsel and the private sector in order to assist in the development of land within the City of Jacksonville. These procedures and criteria, including the design specifications quoted, are adopted and approved as provided in Chapter 654 of the Jacksonville Ordinance Code to be used by the Planning and Development Department, the Engineering Division of the Public Works Department, and the JEA in review and approval of permit applications and development construction plans.

(x)

Lot includes plot, tract, or parcel under one ownership undivided by street, railroad rights-of-way or navigable waters that is a separate, distinct parcel of land with defined boundaries, whether established by a plat or other a recorded document. A "conforming lot" is of sufficient size to meet the minimum requirements of the Zoning Code as to use, coverage and area and to provide the yards and open spaces required by the Zoning Code. A lot is also identified as a single unit in a subdivision.

(y)

Lot depth has the same meaning as in the Zoning Code.

(z)

Lot width has the same meaning as in the Zoning Code.

(aa)

Natural vegetation means vegetation which occurs by the ordinary course of nature which may include accidental (by man but not through cultivation) or seed dispersal by wind, animals, etc. There may also be a change of vegetation naturally occurring due to succession.

(bb)

Native vegetation and habitat means those areas found in nature where the plants in one part of the country may be slightly different from the same plant species in another part of the country. Native vegetation is considered to be original or an indigenous inhabitant of particular area.

(cc)

Neighborhood means a geographic area within which residents may all conveniently share common services and facilities required in the vicinity of their dwellings. Neighborhood boundaries are generally set either by natural features, such as topography, stream valleys or terrain; by major streets including freeways; by artificial features such as railroads, power lines or other development obstruction; or by recreational, open space uses, or community facilities.

(dd)

Non-access easement or vehicular non-access easement means an easement used to restrict vehicular access to a property. This may be from a lot to a street or between uncomplimentary uses (i.e. incompatible zoning districts). The owner of land subject to the easement may use the land for all other purposes that rare not inconsistent with the easement, such as signs, landscaping, fences, etc. Public non-access easements may be vacated in the same manner provided for vacation of public rights-of-way.

(ee)

Paving width means the horizontal width of a paved surface, excluding curb and gutter.

(ff)

Permanent reference monument (PRM) and permanent control point (PCP) shall have meanings as defined in F.S. Ch. 177.

(gg)

Plat means a map or delineated representation of the subdivision of lands, being a complete exact representation of the subdivision and other information in compliance with the requirements of this Chapter, the Land Development Procedures Manual, and F.S. Ch. 177, and may include the terms replat, amended plat, or revised plat .

(hh)

Preliminary plat means a preliminary drawing of a proposed land subdivision showing the character and proposed layout of the tract in sufficient detail to indicate the suitability of the proposed subdivision of land.

(ii)

Right-of-way means land used or to be used for a public street, alley, walkway, water, sewer or drainage facility or other public purpose.

(jj)

Rural area. The rural boundaries established for Duval County for its planning and funding purposes, as well as the rural area boundary established in the 2030 Comprehensive Plan or Capital Improvements Element.

(kk)

Sidewalk means a paved area intended primarily for pedestrian use.

(ll)

Sight distance means the maximum extent of unobstructed vision in a horizontal plane along a street located at a given point on the street.

(mm)

Street means a thoroughfare which affords the principal means of vehicular access to abutting property regardless of the term, such as lane or way , used to describe it and:

(1)

Collector street means a surface street providing land access and traffic circulation service within residential, commercial and industrial areas. Collector streets serve to connect local roadway networks to the larger City-wide arterial roadway network.

(2)

Cul-de-sac means a street ending in a dead-end with a vehicular turnaround. These streets are limited to 1,000 feet in length; however, the Department may approve a cul-de-sac of greater lengths, where, due to topographical conditions, design considerations or the number of lots to be located on the street, a greater length may be deemed necessary.

(3)

Freeway means a multi-lane divided highway having a minimum of two lanes for exclusive use of traffic in each direction and full control of access and egress.

(4)

Interstate highway means a freeway which is part of the designated National System of Interstate and Defense Highways mandated by Congress. An interstate highway, or Interstate, provides a very high level of transport service and continuity among the states. To classify as interstate, a freeway must meet full interstate standards for construction. For the purposes of discussion, unless specifically cited by use of the term interstate, a reference to freeways shall be construed to encompass interstate highways as well.

(5)

Local street means a street designed and maintained to provide access to abutting property. A local street is of limited continuity and not for through traffic.

(6)

Major arterial means a highway that serves major through movements of traffic between important centers of activity and a substantial portion of trips entering and leaving the area. It also connects freeways with major traffic generators. Service to abutting land is very subordinate to the function of moving through traffic.

(7)

Minor arterial means a facility that connects and augments the major arterial system. Although its main function is still traffic mobility, it performs this function at a lower level and places more emphasis on land access than does the major arterial.

(8)

Private street means a privately owned or controlled and maintained drive, street, road, lane, not dedicated as a public road, which provides the primary means of vehicular ingress and egress from a public road to two or more dwelling units, lots, parcels, tracts, or principal buildings, whether created by a private right-of way, easement, plat, or other device and which has been approved by the Director and appears on the Approved Private Streets List kept by the Director of Public Works as an approved private street.

(9)

Public street means a vehicular right of way, that is open to the public and under the control and jurisdiction of the City of Jacksonville pursuant to a deed of conveyance, deed of dedication, plat dedication, or other device accepted by the City, which provides the primary means of vehicular ingress and egress to two or more dwelling units, lots, parcels, tracts, or principal buildings.

(nn)

Subdivision means the act of dividing a tract or parcel of land into three or more lots, building sites or other divisions for the purpose, whether immediate or future, of sale or building development according to a plat of record and includes the dedication of a new street, the approval of private streets, or a change in existing streets; provided, however, that the following shall not be subject to the platting requirements contained in this Chapter:

(1)

The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots comply with the standards of this Chapter and the Zoning Code;

(2)

The public acquisition of strips of land for the widening or opening of streets;

(3)

The subdivision of a tract of land where each lot has adequate frontage on an existing City maintained, paved public right-of-way or approved private road and all required public utilities are present and available within the public right-of-way or approved private road; provided, however, that plans for such subdivision are submitted for review and approval by the Director or his or her designee;

(4)

The subdivision of any tract of land into parcels each of which are greater than ten acres or larger or any land which is divided or proposed to be divided into parcels of ten acres or larger;

(5)

The subdivision of land whose FLUM designation is Heavy Industrial or Light Industrial, however such commercial development shall be subject to design and engineering review;

(6)

The subdivision of land by transfer of land to a governmental agency or to a nonprofit, tax-exempt nature conservation organization qualifying under the United States Internal Revenue Code, Section 501(c)(3);

(7)

Development of commercial centers where no new streets are being established, provided however, that such commercial development shall be subject to design and engineering review and subject to review and approval, in writing, by the Director that such commercial development is not subject to the platting provisions contained in this Chapter;

(8)

Land previously approved for sale by the Division of Florida Land Sales, Condominiums, and Mobile Homes of the State of Florida Department of Business and Professional Regulation pursuant to the requirements of Chapter 718, Florida Statutes; and

(9)

Any lands which, in the opinion of the Director of Public Works, should not be subject to the terms of this Chapter.

(oo)

Surveyor means a land surveyor who is currently registered in accordance with F.S. Ch. 472. Surveyor of Record means the surveyor designated to prepare the plat of record.

(pp)

Used or occupied includes the words intended, designed or arranged to be used or occupied .

(qq)

Vested Property Affirmation Certificate (VPAC) means the official document issued by the City through the CMMSO which waives all concurrency and mobility fee requirements for a final development permit or final development order issued prior to the effective date of the 2030 Comprehensive Plan.

(rr)

Walkway means a right-of-way intended primarily for pedestrians, excluding self-propelled vehicles.

(ss)

Work includes required construction shown on approved plans and specifications for all facilities and features of any kind.

All terms not defined herein, or otherwise by common usage, shall have meanings as provided in F.S. Ch. 177 or F.A.C. Ch. 21-HH.

(Ord. 91-58-147, § 1; Ord. 97-229-E, § 22; Ord. 2007-308-E, § 1; Ord. 2013-185-E, § 6)

Note— Former § 654.105.