§ 656.133. Waivers for Minimum Distance Requirements for Liquor License Locations; Minimum Street Frontage Requirements; Signs; Minimum Distance Requirements for Medical Marijuana Dispensing Facilities; Downtown Properties.

(a)

Waivers for minimum distance requirements for liquor license locations; waiver criteria. Applications for minimum distance requirements for liquor license locations shall be considered by the Commission in accordance with the notice and public hearing requirements for zoning exceptions set forth in Section 656.131. Applications for waivers shall be in writing on the form prescribed by the Commission and filed with the Department together with the required number of copies and all required attachments. Upon receipt of the application, the Zoning Administrator shall determine whether the application is complete within five working days. If it is determined that the application is not complete, written notice shall be provided to the applicant specifying the deficiencies. The Zoning Administrator shall take no further action on the application until the deficiencies are remedied. When the application is determined to be complete, all fees must be paid as specified in Section 656.147.

The waiver for minimum distance requirements from a church or school for a liquor license location may be granted if there exist one or more circumstances which negate the necessity for compliance with the distance requirements, including, but not limited to the following:

(1)

The commercial activity associated with the alcoholic beverage use is of a lesser intensity than the commercial activity associated with the alcoholic beverage use which previously existed; e.g., there has been a reduction in the number of seats or square footage or the type of license;

(2)

The alcoholic beverage use is designed to be an integral part of a mixed planned unit development;

(3)

The alcoholic beverage use is located within a shopping center with an aggregate gross leasable area of 50,000 square feet or more, inclusive of all outparcels and meets the definition of a "bona fide restaurant", as defined in Section 656.805(c);

(4)

The alcoholic beverage use is not directly visible along the line of measurement defined in Section 656.806 and is physically separated from the church or school, thereby negating the distance requirement as a result of the extra travel time; or

(5)

There are other existing liquor license locations of a similar nature in the immediate vicinity of the proposed location; provided, however, that no waiver shall be granted pursuant to this criterion if the proposed liquor license location is closer to the church or school than other existing locations.

(b)

Minimum street frontage requirement, sign, and Medical Marijuana Dispensing Facilities minimum distance waivers . Applications for minimum street frontage requirement, sign, and Medical Marijuana Dispensing Facilities minimum distance requirement waivers shall be considered by the Council in accordance with the notice and public hearing requirements for rezonings set forth in Section 656.124. Applications for these waivers shall be in writing on the form prescribed by the Council and filed with the Department, together with the required number of copies and all required attachments. Where the waiver is for an existing sign, a photograph or photographs of the sign structure sufficient to show the nonconforming nature of the sign and any physical impediments to bringing the sign into compliance. Where the waiver is for a Medical Marijuana Dispensing Facility, a survey, signed and sealed by a licensed surveyor within the last five years or as required by the Current Planning Division, shall depict the distance from the Medical Marijuana Dispensing Facility to the boundary line of all real property containing a public or private elementary, middle or secondary school within 500 feet. Upon receipt of the application, the Zoning Administrator shall determine whether the application is complete within five working days. If it is determined that the application is not complete, written notice shall be provided specifying the deficiencies. The Zoning Administrator shall take no further action on the application until the deficiencies are remedied. When the application is determined to be complete, all fees must be paid as specified in Section 656.147.

(c)

Sign waiver criteria. The Council, in considering a proposed sign waiver shall determine whether the proposed waiver is in harmony with the spirit and intent of the Zoning Code, considering the following criteria as applicable:

(1)

The effect of the sign waiver is compatible with the existing contiguous signage or zoning and consistent with the general character of the area considering population, density, scale, and orientation of the structures in the area;

(2)

The result will not detract from the specific intent of the Zoning Code by promoting the continued existence of nonconforming signs that exist in the vicinity;

(3)

The effect of the proposed waiver will not diminish property values in, or negatively alter the aesthetic character of the area surrounding the site, and will not substantially interfere with or injure the rights of others whose property would be affected by the same;

(4)

The waiver will not have a detrimental effect on vehicular or pedestrian traffic or parking conditions, or result in the creation of objectionable or excessive light, glare, shadows, or other effects, taking into account existing uses and zoning in the vicinity;

(5)

The proposed waiver will not be detrimental to the public health, safety or welfare, and will not result in additional public expense, creation of nuisances, or cause conflict with any other applicable law;

(6)

The subject property exhibits specific physical limitations or characteristics which are unique to the site and which would make imposition of the strict letter of the regulation unduly burdensome;

(7)

The request is not based exclusively upon a desire to reduce the costs associated with compliance and is the minimum necessary to obtain a reasonable communication of one's message;

(8)

If the request is the result of a violation that has existed for a considerable length of time without receiving a citation, whether the violation that exists is a result of construction that occurred prior to the applicant's acquisition of the property, and not as a direct result of the actions of the current owner;

(9)

The request accomplishes a compelling public interest, such as, for example, furthering the preservation of natural resources by saving a tree or trees; and

(10)

Strict compliance with the regulation will create a substantial financial burden when considering cost of compliance.

Proposals for sign waivers shall be subject to the limitations and requirements of Section 656.1310(a) and (b).

(d)

Street frontage waiver criteria. The waiver for minimum required street frontage may be granted if the Council makes a positive finding based on substantial, competent evidence that the application meets all of the following criteria:

(1)

There are practical or economic difficulties in carrying out the strict letter of the regulation;

(2)

The request is not based exclusively upon the desire to reduce the cost of developing the site or to circumvent the requirements of Chapter 654 (Code of Subdivision Regulations);

(3)

The proposed waiver will not substantially diminish property values in, nor alter the essential character of, the area surrounding the site and will not substantially interfere with or injure the rights of others whose property would be affected by the waiver;

(4)

There is a valid and effective easement for adequate vehicular access connected to a public street which is maintained by the City or an approved private street; and

(5)

The proposed waiver will not be detrimental to the public health, safety or welfare, result in additional expense, the creation of nuisances or conflict with any other applicable law.

(e)

Medical Marijuana Dispensing Facility minimum distance requirement waiver criteria. Notwithstanding the requirements set forth in subsection (b), above, the waiver application and proceedings for the minimum distance requirement of a Medical Marijuana Dispensing Facility from a public or private elementary, middle, or secondary school shall comply with the following requirements:

(1)

The Applicant shall have the burden to prove the proposed location of the Medical Marijuana Dispensing Facility, as defined in Sec. 656.1601, Ordinance Code, promotes the public health, safety, and general welfare of the community.

(2)

Waiver applications for Medical Marijuana Dispensing Facilities shall be considered by the Council.

(3)

Within five (5) working days of an application for a waiver for a Medical Marijuana Dispensing Facility determined to be complete pursuant to subsection (b), the Current Planning Division shall electronically transmit a copy of the Application to the current School District Representative for the Planning Commission. The Duval County School Board shall have 14 days from the date of transmission to provide comments to the Current Planning Division.

(4)

Any and all comments from the Duval County School Board shall be provided to the Council, or incorporated into the Staff Report, prior to the public hearing held by the Council.

(f)

The violation of the terms of an order granting a waiver, including conditions and safeguards which may be made a part thereof, shall be deemed a violation of the Zoning Code and punishable as provided in the Zoning Code.

(g)

Downtown properties . For purposes of this Section, for waivers for properties located within the Downtown Overlay Zone, as defined in Section 656.361.1, all references to "Zoning Administrator" shall mean a designated staff member of the Downtown Investment Authority, all references to "Commission" shall mean the Downtown Development Review Board. Requests for sign waivers for properties located within the Downtown Overlay Zone, as defined in Section 656.361.2 shall be processed as special sign exceptions pursuant to Section 656.1333(j).

(Ord. 2003-1112-E, § 1; Ord. 2007-564-E, § 8; Ord. 2012-364-E, § 10; Ord. 2014-560-E , § 15; Ord. 2018-75-E , § 1)