§ 656.401. Performance standards and development criteria.

It is the intent of the City of Jacksonville that these supplementary regulation standards and criteria be read in addition to, rather than in lieu of, any other requirement in this Chapter. The following uses, whether permitted or permissible by exception, must meet the criteria listed under each use as a prerequisite for further consideration under this Zoning Code.

(a)

Animals.

(1)

Horses and ponies are kept for private riding use only and the minimum lot area shall be not less than one and one-half acres. The same shall be kept inside a fenced enclosure.

(2)

Goats, sheep or swine shall not be kept or permitted within 200 feet of a private property line.

(3)

A shelter shall be provided for any poultry, which shall be located not less than 50 feet from any property line. Poultry shall be permitted in the AGR and RR Districts only.

(4)

Animals other than household pets shall not be kept for commercial purposes.

(b)

Bed and breakfast.

(1)

One off-street parking space for each bedroom used as a guest room and two off-street parking spaces for the operator or owner thereof shall be provided.

(2)

No cooking facilities shall be allowed in the guest rooms.

(3)

The structure shall be compatible with the character of the neighborhood and any modifications thereto shall also comply with such character.

(4)

No long term rental of guest rooms [maximum stay seven days] shall be allowed.

(5)

Check-in/check-out time shall be between 6:00 a.m. and 9:00 p.m.

(6)

The maximum number of guest rooms shall be limited to three in the RR, RLD and AGR Districts; six in the RMD District; and 12 in all other districts.

(7)

The bed and breakfast establishment shall be located only within a locally or federally designated historic district or landmark.

(c)

Bird sanctuaries.

(1)

The minimum lot size shall be seven acres.

(2)

There shall be a 50-foot open space buffer between the bird sanctuaries and contiguous properties.

(d)

Building trades contractors.

(1)

A six-foot high visual barrier not less than 95 percent opaque shall be erected along the area used for outside storage.

(2)

The premises shall be maintained free of litter and any other junk materials.

(e)

Care centers/day care centers.

(1)

Child or adult care centers/day care centers located with between one and 14 children or adults shall meet the minimum lot requirements for the district of which it is a part.

(2)

Child or adult care centers/day care centers in the AGR, RLD, RMD, RHD and RR Zoning Districts shall be limited to a maximum of 50 children or adults. Centers with between 15 and 50 children or adults shall be located on a site not less than two acres in size and be contiguous to a street classified as a collector street or higher classification, as designated on the Functional Highway Classification Map of the Comprehensive Plan unless the center is located within a church or elementary, middle or high school, with no access from local residential streets.

(3)

Child or adult care centers/day care centers in the CO, CRO and CN Zoning Districts shall be limited to a maximum of 150 children or adults as a permitted use, but may be increased through grant of a zoning exception.

(4)

Child or adult care centers/day care centers in the PBF-2 zoning district shall be limited to a maximum of 150 children or adults. Provided however that when the facility has a minimum of two acres of land and is contiguous to a street classified as a collector street or higher classification, as designated on the functional highway classification map of the Comprehensive Plan the facility may have an additional 50 children or adults for each acre over two acres.

(5)

Child or adult care centers/day care centers in all other zoning districts shall be limited to a maximum of 300 children or adults.

(6)

All centers shall provide an adequate off-street area for the stacking of vehicles and required parking.

(7)

Where a center is contiguous to a residentially-zoned property, a six-foot visual barrier, not less than 95 percent opaque, shall be provided along the property line, excluding any required front yards.

(8)

Child care centers/day care centers shall provide a fenced outdoor play area which meets the minimum requirements set forth by the state licensing agency and which shall be located in the rear or side yards of the subject property.

(9)

Day care centers shall be limited to the following hours of operation: 6:00 a.m. to 7:00 p.m.; and that care centers shall have unlimited hours of operation.

(10)

After January 1, 2015, new day care centers shall not be located within 2,500 feet of a sexual predator residence. The change of name, or continuation of a day care center within the same location that has been in operation within the last six months by another party, shall not be considered "new" in this context. The Planning and Development Department shall produce a neighborhood search map using the Florida Department of Law Enforcement database of registered sexual predators to determine if such residence exists within a radius of 2,500 feet of the proposed day care center. The day care center shall be considered to be established on the date the state license to operate said facility is issued.

(f)

Country clubs.

(1)

The term country club shall include swim club, tennis club, racquet club, golf club, yacht club, etc.

(2)

The minimum lot size(s) shall be as follows:

Swim club—Two and one-half acres.

Tennis club—Five acres.

Racquet club—Five acres.

Golf club—100 acres.

Yacht club—Two and one-half acres.

Where any combination of clubs is being developed, the most restrictive minimum lot size shall apply.

(3)

Alcoholic beverages shall be allowed for on premises consumption provided that the country club maintains a club alcohol license as provided by the State Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco.

(4)

The criteria for golf courses in Section 656.401(l) of this Section are met, if applicable.

(g)

Churches.

(1)

Churches which are a permitted use must meet the following criteria:

(i)

The minimum lot size shall be not less than four acres.

(ii)

The site shall be located on a street classified as a collector street or a higher classification on the Functional Highway Classification Map of the Comprehensive Plan.

(iii)

There shall be no direct vehicular access to the church site from any local street within a residential district.

(2)

Churches which are a permissible use by exception must meet the following criteria:

(i)

The minimum lot size in the RR, RLD, RMD, RMH, IBP, IL, IH, IW, AGR, PBF-2 and PBF-3 Districts shall be not less than two acres. Churches in all other districts shall meet the minimum lot size requirements of the districts in which they are located.

(h)

Community residential homes.

(1)

Community residential homes which are a permitted use must meet the following criteria:

(i)

The home shall be limited to six or fewer residents/beds.

(ii)

The home shall not be located within a radius of 1,000 feet of another existing such home with six or fewer residents/beds.

(2)

Community residential homes which are a permissible use by exception must meet the following criteria:

(i)

The home shall be limited to 14 or fewer residents/beds.

(ii)

The home shall not be located within a radius of 1,200 feet of another existing such home with 14 or fewer residents/beds or 500 feet from an area zoned AGR, RR, RLD or RMD-A.

(i)

Essential services.

(1)

Essential services which are permitted uses in the Zoning Code are hereby defined as and are limited to certain installations of water, sewer, gas, telephone, radio, television and electric systems such as substations, lift stations, relay stations, provided that this Section shall not be deemed to permit:

(i)

The location in a district of such installations as electric or gas generating plants or water pumping or aeration facilities from which they would otherwise be prohibited, unless these facilities serve a single subdivision recorded before September 5, 1969, or are intended to serve a single subdivision approved under subdivision regulations in effect after September 5, 1969, or are a part of an internal package system designed and intended to serve a single industrial or commercial use or complex.

(ii)

The erection of structures for commercial activities such as sales of related merchandise or collection of bills in districts from which the activities would otherwise be prohibited.

(2)

Essential services which are permissible uses by exception in the Zoning Code are limited to certain installations of water, sewer, gas, telephone, radio, television and electric systems which could include regional service installations such as electric or gas generating plants or water pumping or aeration facilities or cellular telephone towers or radio towers.

(j)

Family day care homes.

(1)

The family day care home operator shall reside on the premises and shall not change the outside appearance of the residence and there shall be no other visible evidence to indicate any use other than the residential character thereof, including the allowable sign pursuant to Part 13 hereof.

(2)

The family day care home shall be conducted in a single-family dwelling and not in a mobile home or accessory structure.

(3)

The family day care home shall have no more than five children or adults.

(4)

The family day care home shall provide an adequate off-street area for the stacking of vehicles and required parking.

(5)

A fenced outdoor play area be provided meeting the minimum requirements set forth by the state licensing agency be provided and located in the rear or side yards of the subject property.

(6)

The family day care home shall be limited to the following hours of operation: 6:00 a.m. to 7:00 p.m.

(k)

Filling stations.

(1)

No more than two self-service dispensing pumps shall be located on one island and no other services pertaining to a service station may be offered.

(2)

No dispensing pump shall be located within 25 feet of a street right-of-way line.

(3)

The minimum lot size shall be not less than 22,500 square feet.

(4)

Lighting for the filling station shall be designed and installed so as to prevent glare or excessive light on adjacent property. No source of illumination shall be allowed if such source of illumination would be visible from a residentially-zoned district to the extent that it interferes with the residential use of that area.

(5)

An eight-foot high visual barrier or screen, not less than 95 percent opaque, shall be provided between the filling station and any adjacent residential district.

(l)

Golf courses/driving ranges.

(1)

The parcel of land (excluding any residential lots, streets and accompanying residentially supportive uses) shall contain not less than 100 acres minimum for 18 holes and not less than 50 acres for a nine-hole golf course.

(2)

All buildings, including the pro-shop, club house, maintenance building and office, shall be located no closer than 100 feet from any property line.

(3)

Any lighting associated with the golf course shall be designed and installed so as to prevent glare. No source of illumination shall be allowed if such source of illumination would be visible from a residentially-zoned district to the extent that it interferes with the residential use of that area.

(4)

A driving range as an accessory use to a golf course, shall be allowed, subject to the following conditions:

(i)

The area developed as the driving range shall be located not less than 100 feet from adjacent residentially-zoned property, and that natural buffering, as well as a six-foot high visual barrier, not less than 95 percent opaque, shall be provided along the property lines of such adjacent residentially-zoned property.

(ii)

Any lighting associated with the driving range shall be designed and installed so as to prevent glare or excessive light on adjacent residentially-zoned property. No source of illumination shall be allowed if such source of illumination would be visible from a residentially-zoned district to the extent that it interferes with the residential use of that area.

(5)

A driving range which is not an accessory use to a golf course, shall be allowed, subject to the following conditions:

(i)

The basic criteria set forth in subsection (l)(4) of this Section shall apply; provided that, due to the unique nature of a driving range not associated as an accessory use to a golf course, the chief may and is hereby authorized to require different or additional criteria such as natural buffering, lighting, setback areas, visual buffers, minimum property width and length and netting or other similar requirements to prevent or minimize any intrusion of the driving range activities into the surrounding or adjacent areas. Such criteria shall be as consistent as possible but may be tailored to fit the specific property or circumstances of each driving range in order to meet the minimal intrusion objectives of this subsection.

(m)

Group care homes.

(1)

No group care home shall be located within 1,000 feet of another group care home.

(2)

The applicant for a group care home shall provide the Chief with a notarized affidavit stating that there are no group care homes within 1,000 feet of the proposed facility measured as required by this Part.

(3)

Distance requirements in this Part shall be measured by following a straight line from the nearest property line of the site of the proposed facility to the nearest point of the property line of the site of the existing facility.

(4)

Where a location for a group care home has been approved by the Chief as complying with the requirements of this Part and there is no building for such use at the location approved, he shall not then approve for a period of six months any further locations which would violate distance limitations with respect to such previously approved location.

(5)

Any approval of a group care home by the Chief or Planning Commission, as the case may be, based upon the filing of an erroneous affidavit required by this Part shall automatically become null and void upon notification by the aforesaid of such erroneous affidavit.

(n)

Home occupations/permitted use.

(1)

Home occupations which are a permitted use must meet the following criteria:

(i)

No person shall be engaged in the occupation unless such person resides on the premises and that the premises shall be the primary residence of each of the persons engaged in the occupation;

(ii)

The use of the premises for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and shall, under no circumstances, change the residential character thereof;

(iii)

There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of the home occupation, including the allowable sign pursuant to Part 13 hereof;

(iv)

No one shall call upon the premises in connection with the home occupation for such purposes as retail or wholesale sales, services negotiations, contractual agreements, etc.; no traffic shall be generated by the home occupation;

(v)

There shall be no flammable or hazardous material stored on premises;

(vi)

There shall be no equipment or process used in the home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot;

(vii)

In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in the radio or television receiver off the premises or causes fluctuations in line voltage off the premises;

(viii)

No home occupation shall be conducted in an accessory building or structure which is not attached to and part of the principal structure or an open porch or carport;

(ix)

No home occupation shall occupy more than 250 square feet or ten percent of the gross floor area of the dwelling unit, exclusive of the area of an open porch or attached garage or similar space not suited or intended for occupancy as living quarters;

(x)

Any supplies stored on the premises shall be for the purpose of maintaining and operating the home occupation;

(xi)

The address of the home occupation shall not be advertised;

(2)

No person shall begin a home occupation under the preceding subsection (n)(1) of this Section without first executing a disclosure statement which shall contain a place for the applicant to certify that the applicant has received a copy of, understands, and will comply with the requirements in subsection (n)(1) of this Section.

(3)

Home occupations which are a permissible use by exception must meet the following criteria:

(i)

No person or independent contractor other than members of the family residing on the premises shall be engaged in the occupation.

(ii)

The use of the premises for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and shall, under no circumstances, change the residential character thereof.

(iii)

There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of the home occupation, including the allowable sign pursuant to Part 13 hereof.

(iv)

No home occupation shall be conducted in an accessory building or structure which is not attached to and part of the principal structure or an open porch or carport.

(v)

No home occupation shall occupy more than 25 percent of the gross floor area of the dwelling unit, exclusive of the area of an open porch or attached garage or similar space not suited or intended for occupancy as living quarters.

(vi)

No excessive traffic shall be generated by the home occupation.

(vii)

No equipment or process shall be used in the home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in the radio or television receiver off the premises or causes fluctuations in line voltage off the premises.

(4)

Fabrication of articles which are commonly classified under the terms of arts and handicrafts, including the production of food products such as breads, cakes, pies, and candy, etc., may be deemed a home occupation, subject to the terms and conditions of subsections (n)(1) and (2) of this Section. No excessive or outside storage, fabrications or sales of any type shall be permitted on premises.

(o)

Off-street parking.

(1)

Off-street parking lots in the CO, CRO, RO, and CN zoning districts shall be limited to the following criteria:

(i)

The parking lots shall be within 400 feet of the premises requiring off-street parking. No public parking lots are allowed.

(ii)

The hours of use shall be limited to the hours of 7:00 a.m. to 11:00 p.m.

(iii)

There shall be no storage, sales or service activity of any kind on these lots.

(iv)

Vehicles parked on the lot shall be limited to automobiles for employee and customer parking.

(v)

These parking lots shall be designed to meet the requirements of Part 12 of the Zoning Code, (Landscape and Tree Protection Regulations).

(vi)

If the facilities are lighted, lighting shall be designed and installed so as to prevent glare or excessive light on adjacent property. No source of illumination shall be allowed in connection with a parking lot if such source of illumination would be visible from a residentially-zoned district to the extent that it interferes with the residential use of that area.

(2)

Off-street parking lots in the CCG-1, CCG-2, IBP, IL, IH and PBF-3 zoning districts shall be limited to the following:

(i)

The hours of use shall be limited to the hours of 7:00 a.m. to 11:00 p.m.

(ii)

There shall be no storage, sales or service activity of any kind on these lots.

(iii)

These parking lots shall be designed to meet the requirements of Part 12 of the Zoning Code (Landscape and Tree Protection Regulations).

(p)

Neighborhood parks, pocket parks, playfields or recreational structures.

(1)

The owner or developer of a neighborhood park, playfield or recreational structure which is a part of a PUD (Planned Unit Development) or which is shown on a site plan or a master plan for a subdivision must provide documentation and instrumentation to indicate the ownership and maintenance responsibility for these areas to the Planning and Development Department and the Office of General Counsel for review and approval prior to verification of substantial compliance with the PUD district pursuant to Section 656.341(g), Ordinance Code, or the recording of the plat, as the case may be.

(2)

Neighborhood parks, pocket parks, playfields or recreational structures which are not part of a PUD or which are not shown on a site plan or a master plan for a subdivision must meet the following criteria:

(i)

Where use or membership is not limited to residents of adjacent residential areas, the site shall have direct access to an arterial or collector street;

(ii)

A site plan showing ingress and egress to the site, parking area, structures, total enclosed area of each building and proposed landscaping and signage shall be submitted to the Planning and Development Department and City Traffic Engineer for review and approval, prior to the issuance of any final development permits, to ensure that access to the site will not result in undue traffic congestion and to ensure that the potential for any negative impacts upon adjacent residential neighborhoods, such as noise, light and traffic, is not out of keeping with the residential character of the neighborhood;

(iii)

Active recreational uses are restricted to daylight hours only.

(iv)

Documentation and instrumentation to indicate the ownership and maintenance responsibility for the site or facility shall be provided to the Planning and Development Department and the Office of the General Counsel for review and approval prior to the issuance of any final development permits.

(q)

Personal property storage facilities.

(1)

Storage buildings shall be subdivided by permanent partitions into spaces containing not more than 300 square feet each.

(2)

Storage of goods shall be limited to personal property with no retail sales, service establishments, offices, apartments (other than manager's office and apartment), commercial distribution or warehousing allowed.

(3)

The minimum lot size shall be not less than two acres.

(4)

If the facilities are lighted, lighting shall be designed and installed so as to prevent glare or excessive light on adjacent property. No source of illumination shall be allowed if such source of illumination would be visible from a residentially-zoned district to the extent that it interfered with the residential use of that area.

(5)

Minimum yard requirements:

(i)

Front—30 feet.

(ii)

Side and rear—Zero feet if adjacent to a commercial district; 15 feet side yard and ten feet rear yard if adjacent to residential district.

(6)

Perimeter landscaping adjacent to streets: All vehicular use areas (VUAs) which are not entirely screened by an intervening building from any abutting dedicated public street, to the extent such areas are not so screened, shall contain the following:

(i)

A landscaped area of not less than 20 square feet for each linear foot of vehicular use area (VUA) street frontage;

(ii)

No less than one tree, of four-inch caliper or greater, located within 25 feet of the street right-of-way, for each 25 linear feet, or fraction thereof, of VUA street frontage.

(7)

The requirements of Section 656.1214(a) may be met by increasing the minimum perimeter landscaping requirements.

(r)

Private clubs.

(1)

The minimum lot size shall be not less than one acre.

(2)

Any food and beverage service, including alcoholic beverages, shall be limited to service incidental to the primary activity of the facility.

(3)

There shall be no direct vehicular access to the private club site from any local street within a residential district.

(s)

Recycling collection point.

(1)

A letter indicating that the facility meets the criteria below shall be issued by the Chief.

(2)

The collection point facility may not be a trailer unless attended when open; provided, however, that no more than one trailer may be on one parcel of land.

(3)

The collection point facility:

(i)

Be established in conjunction with an existing commercial use or community service facility which is in compliance with the Zoning Code and the Building Code.

(ii)

Be no larger than 500 square feet not including space that will be periodically needed for removal of materials or exchange of containers.

(iii)

Be set back at least ten feet from any street line and shall not obstruct pedestrian or vehicular circulation.

(iv)

Be located not less than 100 feet from a residential zoning district.

(v)

Accept only glass, aluminum, plastic containers and paper products.

(vi)

Use no power-driven processing equipment except for reverse vending machines which are permitted.

(vii)

Use containers that are constructed and maintained with durable waterproof and rustproof material, covered when site is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and collection schedule.

(viii)

Store all recyclable material in containers or structures, and shall not leave materials outside of containers when attendant is not present.

(ix)

Be maintained free of litter and any other undesirable materials, shall be swept at the end of each collection day.

(x)

Not exceed noise levels of 60 dbA as measured at the property line of residentially-zoned or occupied property; otherwise shall not exceed 70 dbA.

(4)

Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers.

(5)

The facility shall not impair the landscaping required by Part 12, for any concurrent use or any permit issued pursuant thereto.

(6)

No additional parking spaces will be required for customers of a small collection facility located at the established parking lot of a host use. One space shall be provided for an attendant, if needed.

(7)

Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.

(8)

Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use unless, in the opinion of the Chief adequate parking is otherwise available.

(9)

If the administrative permit expires without renewal, the collection facility shall be removed from the site within five days following permit expiration.

(t)

Schools.

(1)

The minimum lot size shall be two acres. The site shall be adequate in size to accommodate the number of students proposed and shall contain adequate space for recreation and/or playground area and a parking area sufficient to accommodate the number of parking spaces required by the Zoning Code.

(2)

All recreational areas and playing fields shall provide a six-foot high visual barrier, not less than 95 percent opaque, where adjoining residential properties.

(3)

Lighting associated with the school, as well as the recreation areas and playing fields, shall be so designed and installed so as to prevent glare or excessive light on adjacent property. No source of illumination shall be allowed if such source of illumination would be visible from a residentially-zoned district to the extent that it interferes with the residential use of that area.

(4)

The site plan showing internal traffic circulation, including bus and/or automobile drop-off and pick-up, recreation and/or playground area, existing and proposed parking area, structures and total enclosed area of each building and existing and proposed signage and landscaping shall be submitted to the Planning and Development Department and the City Traffic Engineer for review and approval and also to insure that access to the site will not result in undue traffic congestion.

(u)

School buses.

(1)

The school bus shall not be parked in the required front yard.

(2)

The school bus shall not be parked or permitted within 25 feet of a side or rear property line.

(3)

No repairs or maintenance shall be made to the bus while on the subject property.

(4)

Only the residents of the subject property engaged in the business of driving a school bus shall park a school bus on the subject property.

(v)

Service stations.

(1)

A service station shall be of adequate width and depth to meet all setback requirements of the district of which it is a part, but in no case shall a lot have less than 100 feet of street frontage and a minimum lot area of not less than 22,500 square feet.

(2)

Lighting on a service station shall be so designed and installed so as to prevent glare or excessive light on adjacent property. No source of illumination shall be allowed if such source of illumination would be visible from a residentially-zoned district to the extent that it interferes with the residential use of that area.

(3)

No main or accessory building, and no gasoline pump shall be located within 25 feet of the lot line of the property that is residentially zoned.

(4)

No gasoline pump shall be located within 25 feet of a street right-of-way line.

(w)

Travel trailer parks and campgrounds.

(1)

A travel trailer park or campground shall be located so that no entrance or exit from park shall discharge traffic into a residential district. A travel trailer park or campground fronting on a public street shall have a minimum frontage of 100 feet.

(2)

The Public Health Unit shall notify the Chief of its approval from a public health perspective as to the conditions of soil, ground water level, drainage and topography of a travel trailer park or campground before the issuance of a permit by the Chief.

(3)

Spaces in travel trailer parks and campgrounds may be used by travel trailers, pickup campers, converted buses, tent trailers, tents or similar devices used for temporary portable housing. Permanent occupancy (occupancy for more than 120 days) for dwelling purposes in this equipment is prohibited. Spaces shall be rented by the day, week or month.

(4)

Management headquarters, recreational facilities, toilets, showers, coin-operated laundry facilities and other uses and structures customarily incidental to the operation of a travel trailer park or campground are permitted as accessory uses to the park in a district in which travel trailer parks or campgrounds are permitted. In addition, stores, restaurants, laundry and dry cleaning agencies, beauty parlors, barbershops and other convenience establishments shall be permitted as accessory uses in trailer parks and districts where these uses are not allowed as principal uses, subject to the following restrictions:

(i)

These establishments and the parking areas primarily related to their operation shall not occupy more than ten percent of the area of the park.

(ii)

These establishments shall present no visible evidence of their commercial character which would attract customers other than occupants of the park.

(iii)

The structures housing these facilities shall not be located closer than 100 feet to a public street.

(5)

No space intended for occupancy under this Section shall be located so that a part intended for occupancy for sleeping purposes shall be within 50 feet of the right-of-way line of an arterial street or within 25 feet of the right-of-way line of another street.

(6)

Twenty-five foot front, rear and side yards shall be provided for the travel trailer parks or campgrounds.

(7)

Entrances and exits to travel trailer parks and campgrounds shall be designed for safe and convenient movement of traffic into and out of the park and to minimize marginal friction with free movement of traffic on adjacent streets. Traffic into or out of the park shall be through the entrances and exits.

(8)

Each travel trailer park or campground shall provide adequate off-street parking, loading and maneuvering space.

(x)

Veterinarians.

(1)

The building be completely soundproof in the CN, CCG-1, CCG-2 and the IL zoning districts.

(2)

The building be located on an individual and separate lot, provided all yards, area, frontage and other requirements of the Zoning Code are met for each structure within the zoning district of which it is a part.

(3)

Animals shall be kept in the enclosed soundproof buildings during the hours of 9:00 p.m. to 6:00 a.m. in the CN, CCG-1, CCG-2 and IL zoning districts.

(4)

A veterinarian may be a part of any development when the same meets the following criteria:

(i)

The facility shall be heated and cooled by a unit separate from such unit for the rest of the development.

(ii)

The facility shall be serviced by a water supply separate from the water supply for the rest of the development or a back flow preventer shall be installed on the facility's water supply.

(iii)

The facility shall be soundproofed from the rest of the development.

(iv)

The facility shall have its own independent exterior entrance exclusive from any common entrances.

(y)

Scrap processing.

(1)

Before operations begin the facility must obtain any permit required under City, federal or state laws or regulations.

(2)

The facility shall operate at all times in compliance with all City, state and federal permits, laws, ordinances and rules and regulations.

(3)

Whenever the facility is operating pursuant to an exception, that exception terminates upon suspension or revocation of any permit; provided, that a new application for an exception can be applied for.

(z)

Recycling facilities and recycling facilities and yards.

(1)

Before operations begin the facility must obtain any permit required under City, federal or state laws or regulations.

(2)

The facility shall operate at all times in compliance with all City, state and federal permits, laws, ordinances and rules and regulations.

(3)

Whenever the facility is operating pursuant to an exception, that exception terminates upon suspension or revocation of any permit; provided, that a new application for an exception can be applied for.

(aa)

Yard composting facility.

(1)

Before operations begin the facility must obtain any permit required under City, federal or state laws or regulations.

(2)

The facility shall operate at all times in compliance with all City, state and federal permits, laws, ordinances and rules and regulations.

(3)

Whenever the facility is operating pursuant to an exception, that exception terminates upon suspension or revocation of any permit; provided, that a new application for an exception can be applied for.

(bb)

Construction and demolition debris landfills.

(1)

Before operations begin the facility must obtain a certificate of public convenience and necessity under Chapter 380, Ordinance Code, and a service agreement under Chapter 386, Ordinance Code, as well as obtain any permit required under federal or state laws or regulations.

(2)

The facility shall operate at all times in compliance with all City, state and federal permits, laws, ordinances and rules and regulations.

(3)

Whenever the facility is operating pursuant to an exception, that exception terminates upon suspension or revocation of any permit; provided, that a new application for an exception can be applied for.

(cc)

Sanitary landfills. Sanitary landfills (also known as solid waste disposal facilities or areas), as defined and classified by the Florida Administrative Code.

(1)

Before operations begin the facility must obtain a certificate of public convenience and necessity under Chapter 380, Ordinance Code, and a service agreement under Chapter 386, Ordinance Code, as well as obtain any permit required under federal or state laws or regulations.

(2)

The facility shall operate at all times in compliance with all City, state and federal permits, laws, ordinances and rules and regulations.

(3)

Whenever the facility is operating pursuant to an exception, that exception terminates upon suspension or revocation of any permit; provided, that a new application for an exception can be applied for.

(4)

Any exception granted must precisely identify the disposal area or footprint for any landfill.

(5)

The disposal area or footprint for any Class I sanitary landfill shall be at least eight miles from the disposal area or footprint of any operational or fully permitted Class I sanitary landfill, which is fully permitted, under construction or operational or which has received a certificate of public convenience and necessity under Chapter 380, Ordinance Code, for the operation of a Class I sanitary landfill.

(dd)

Transfer stations.

(1)

Before operations begin the facility must obtain a certificate of public convenience and necessity under Chapter 380, Ordinance Code, and a service agreement under Chapter 386, Ordinance Code, as well as obtain any permit required under federal or state laws or regulations.

(2)

The facility shall operate at all times in compliance with all City, state and federal permits, laws, ordinances and rules and regulations.

(3)

Whenever the facility is operating pursuant to an exception, that exception terminates upon suspension or revocation of any permit; provided, that a new application for an exception can be applied for.

(ee)

Outside sale and service of alcoholic beverages.

(1)

Restricted outside sale and service shall be allowed subject to the following criteria:

(i)

Restricted outside sale and service must be for a special event occurring within the City, generally recognized by the community as a whole, as determined by the Chief.

(ii)

Restricted outside sale and service may occur no more than six times during one calendar year and on no more than two consecutive days.

(iii)

The area for the restricted outside sale and service shall be limited to an area which is contiguous to an existing licensed facility or establishment and the area shall be equal to or less than the area of the existing licensed facility.

(2)

Permanent outside sale and service shall be allowed subject to the following criteria:

(i)

The area for the outside sale and service shall be limited to an area which is contiguous to an existing licensed facility or establishment.

(ii)

The outside area shall be no greater than the inside area for sale and service.

(iii)

The outside area shall be surrounded by a permanent railing or other barrier at least three and a half feet high; provided, that the barrier may be broken by up to two entranceways no more than four feet wide each.

(3)

These regulations do not apply to uses in the right-of-way which are governed by Part 8 and Part 9 of Chapter 250, Ordinance Code.

(ff)

Hazardous waste transfer stations.

(1)

The waste container berm, transfer station building(s) and waste handling area(s) shall be at least 2,640 feet from the nearest:

(i)

Residentially zoned property;

(ii)

Hospital;

(iii)

Military base;

(iv)

Nursing home;

(v)

Church;

(vi)

Electrical generating station, not including on-site self-generating equipment; or

(vii)

School.

(2)

The waste container berm, transfer station building(s) and waste handling area(s) shall be at least 2,640 feet from the Jacksonville Municipal Stadium, Veterans Memorial Coliseum, Times-Union Center for the Performing Arts, Convention Center, Metropolitan Park and Jacksonville Zoological Gardens.

(3)

The waste container berm, transfer station building(s) and waste handling area(s) shall be at least 1,000 feet from a Special Management Area as set out in the Comprehensive Plan.

(4)

The waste container berm, transfer station building(s) and waste handling area(s) shall be at least 200 feet from the nearest property containing a public water supply system as defined in Section 366.603, Ordinance Code.

(5)

The measurements from (1)(i), (ii), (iv), (v), and (vii) through (4) of this subsection shall be taken by drawing a straight line from the nearest edge of the waste container berm, transfer station building(s) and waste handling area(s) to the nearest point of the property containing those uses. The measurements from (1)(iii) and (vi) of this subsection shall be taken by drawing a straight line from the nearest edge of the waste container berm, transfer station building(s) and waste handling area(s) within the property containing those uses.

(6)

The applicant shall provide the Chief with a map of the proposed location and vicinity to include a certification that the distance requirements of this Section have been met. Both the map and the certificate shall be prepared and executed by a land surveyor registered in the State of Florida.

(7)

Before operations begin the facility must obtain a Certificate of Public Convenience and Necessity under Chapter 380, Ordinance Code, and a service agreement under Chapter 386, Ordinance Code, as well as obtain any permit required under federal or state law or regulations.

(8)

The facility shall operate at all times in compliance with all City, state and federal permits, laws, ordinances and rules and regulations.

(9)

Whenever the facility is operating pursuant to an exception, that exception terminates upon suspension or revocation of any permit. However, if an exception is lost in this manner, a new exception may be applied for immediately. All incoming waste operations must cease until the permits and exception are restored. Outbound waste shipments may continue if authorized by appropriate environmental regulatory authorities.

(gg)

Outside retail sales of holiday items.

(1)

Outside retail sales of holiday items shall be limited to 30 days prior to New Year's Day, Christmas Day, Hanukkah, the Fourth of July and Halloween.

(2)

The holiday items sold shall be limited to those items which are related to the holiday immediately upcoming at the end of the applicable 30-day period. For example, prior to New Year's Day and the Fourth of July - legal fireworks; prior to Christmas - Christmas trees and ornaments; prior to Halloween - costumes and decorations related to Halloween. Whether an items is related to the upcoming holiday shall be determined by the Director of the Planning and Development Department or the Director's designee.

(3)

The site shall be a minimum of one acre in size and shall contain another nonresidential principal use, such as a shopping center or other existing building or facility which is in compliance with the Zoning Code and the Building Code.

(4)

There shall be adequate parking sufficient to accommodate the additional temporary retail sales without reducing the number of available parking spaces required by the Zoning Code in connection with the other principal use(s), unless, in the opinion of the Chief, adequate parking is otherwise available.

(5)

There shall be adequate access to the site from the right-of-way, such that the temporary outside retail sales will not result in undue traffic congestion. The site plan for the site shall be submitted to the City Traffic Engineer for review and approval to ensure that access to the site from the right-of-way will not result in undue traffic congestion, prior to the issuance of the permit by the Chief.

(6)

Outside retail sales of holiday items shall occur only by permit issued by the Chief.

(7)

Notwithstanding subsection (3) above or anything express or implied to the contrary in any other provision of the Zoning Code, the outside retail sales of holiday items shall be permitted in any zoning district where:

(i)

The subject property is owned by a not-for-profit entity recognized as "tax exempt" under Section 501(a) of the Code of 1986 pursuant to Section 501(c)(3) or other like provision of the Code, and where occupied and used primarily for educational, charitable, religious or other not-for-profit purposes including but not limited to churches, institutions, colleges, schools or fraternal lodges;

(ii)

The principal use or occupancy of the subject property is nonresidential and permissible by right, by way of exception or by way of lawful nonconforming use compliant with the Zoning Code;

(iii)

The subject property contains adequate parking determined pursuant to subsection (4) hereinabove;

(iv)

The subject property contains adequate access as determined pursuant to subsection (5) hereinabove; and,

(v)

The use of the subject property will not be incompatible with the character of the surrounding neighborhood or otherwise constitute a nuisance.

(hh)

Private helicopter landing sites.

(1)

General requirements.

(a)

The helicopter landing site shall not pose an unreasonable threat to the environment or the public health, safety or welfare.

(b)

Helicopter landing sites shall not be incompatible or inconsistent with adjacent land uses and environments.

(c)

The landing pad shall be located on the same lot as the principal use and shall be used only by occupants and/or persons conducting business with the occupants of the lot, and no commercial helicopter operations shall be conducted on the lot.

(d)

Any ancillary structures shall be constructed to comply with all provisions of the Zoning Code.

(e)

Helicopter landing location siting for medical, police, Mosquito Control, governmental, bona fide agricultural or emergency purposes is exempt from these performance standards and development criteria.

(f)

Roof-top landing sites are anticipated as an acceptable use in this Section and must conform to these performance criteria, unless the applicant can affirmatively demonstrate that any of these criteria are not necessary to protect the public health, safety, and welfare. In determining whether the exemption under this subsection is applicable, the Planning Commission may rely on State and federal criteria, which regulate and govern helicopter landing sites, as demonstrated by the applicant, if applicable.

(g)

The applicant must demonstrate the ability to comply with all other applicable rules, regulations, and statutory requirements, as necessary. Approval of this use does not exempt the use from compliance with all other applicable existing and future laws, rules, and regulations.

(2)

Safety and nuisance related requirements.

(a)

No helicopter landing site shall be located on a residentially-zoned property five acres or less in size or on a commercially-zoned property three acres or less in size or, alternatively, in any zoning category, helicopter landing sites shall have a minimum setback of at least 500 feet from any lot line.

(b)

Heavy maintenance and all fueling operations are prohibited.

(c)

The applicant shall demonstrate that appropriate safeguards, such as fencing, gates, etc. are in place so as to prevent unauthorized access to the landing site.

(d)

The Planning Commission is authorized to condition this exception in any reasonable manner including, but not limited to, limiting the number of flights allowed.

(e)

If the helicopter landing site is located in, or immediately adjacent to, a residential area, permitted hours of operation shall be limited to between one-half hour after sunrise and one-half hour before sunset.

(ii)

Restaurants and food service establishments allowing for the presence of patrons' dogs within designated outdoor areas. Public food service establishments that provide outdoor dining may allow patrons' dogs within certain designated outdoor portions of the establishment, when application is made and a permit is approved in accordance with Section 165.102, Ordinance Code.

(jj)

Automated Car Washes.

1.

The automated car wash shall be limited to three vacuum stations.

2.

The automated car wash shall be contiguous to a street classified as minor arterial or higher classification, as designated on the Functional Highway Classification Map of Comprehensive Plan.

3.

The entrance and exit bay shall be oriented away from any residentially zoned property.

4.

A 15-foot wide buffer meeting Section 656.1216 of the Zoning Code shall be provided between the property and any institutional use, office use, or any residentially zoned property or residential use.

5.

The hours of operation shall be limited to 7:00 a.m. to 10:00 p.m.

6.

Lighting shall be so designed and installed so as to prevent glare or excessive light on adjacent property. No sources of illumination shall be allowed if such source of illumination would be visible from a residentially-zoned district to the extent that it interferes with the residential use of that area.

(kk)

Any game promotions or sweepstakes utilizing electronic equipment and drawings by chance conducted in connection with the sale of a consumer product or service utilizing electronic equipment.

(1)

Distance limitations. Such establishments shall not operate within 750 feet of a church, school or military installation. With respect to the distance between such an establishment and an established church, school, or military installation the distance shall be measured by following a straight line from the nearest point of the building or portion of the building used as part of the proposed location to the nearest point of the grounds used as part of the church, school facilities, or military installation. The applicant for such an establishment which involves a change in location or a new location shall provide the Chief with a map of the proposed location and vicinity. The map shall show existing zoning and all locations of schools, churches and military installations within a radius of 750 feet of the proposed location and the actual distances thereto from the proposed location measured as required herein. The map shall include a certificate that all distance requirements as required herein as it relates to the proposed location have been met and both the map and certificate shall be prepared and executed by a land surveyor registered by the state.

(ll)

Cultivation, Processing, and Dispensing of Marijuana by a Medical Marijuana Treatment Center.

(a)

No cultivation facility or processing facility operated by a Medical Marijuana Treatment Center shall be located within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school.

(b)

No Medical Marijuana Dispensing Facility shall be located within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school, unless a waiver is granted pursuant to Sec. 656.133(e), Ordinance Code.

(c)

The location of a Medical Marijuana Dispensing Facility shall be limited to only those zoning districts that a pharmacy licensed under F.S. Ch. 465, is allowed to be located.

(d)

All Medical Marijuana Dispensing Facilities shall be required to provide off-street parking spaces in accordance with the requirements for business, commercial or personal service establishments, as found in Section 656.604(f)(1), Ordinance Code.

(e)

An approval to operate a Medical Marijuana Treatment Center in the City shall be exclusively to cultivate, possess, process, transfer, transport, sell, distribute, dispense, or administer marijuana (herein "cultivate, process, or dispense") for medical use. Any established right to cultivate, process, or dispense marijuana for medical use shall not automatically grant a right to cultivate, process, or dispense marijuana for a non-medical use (i.e. recreational use) even if the non-medical use of marijuana becomes legal in the State of Florida or the United States of America, unless such restriction is expressly preempted.

(mm)

Indoor gun ranges.

(1)

Sound attenuation shall be provided within the structure so that the sound of gunshots is not discernable outside of the structure.

(nn)

Auto Laundries in the CN District.

(1)

The entrance and exit bay shall be oriented away from any residentially zoned property.

(2)

A 15-foot wide buffer, which shall include a fence or wall, located at least five feet inside from the property line as a visual screen and otherwise shall meet Section 656.1216 of the Zoning Code, shall be provided between the property and any residentially zoned property or residential use.

(3)

The hours of operation shall be limited to 8:00 a.m. to 8:00 p.m.

(4)

Exterior lighting shall be the minimum necessary to provide security and safety.

(i)

Direct lighting sources shall be shielded or recessed so that light does not directly illuminate adjacent properties.

(ii)

Light poles without shielded luminary shall not exceed 15 feet in height.

(iii)

Light poles with shielded luminary shall not exceed 35 feet in height.

(iv)

Proposed lighting site plan showing the estimated illumination levels shall be shown on all plans submitted for site plan review.

(v)

Maximum contributed illumination at any property line shall be 0.5 foot candles.

(5)

No operation of any motorized equipment on the property, including, but not limited to vacuums, shall emit a noise which exceeds 60 dBA/A-Weighted Sound Level when measured at the property line. dBA/A-Weighted Sound Level means, in decibels, a frequency weighted sound pressure level, determined by the use of the metering characteristics and A-weighted scale specified in the ANSI S1.4-1983, "Specifications for Sound Level Meters" or subsequent revision.

(6)

If the auto laundry is self-service, then it shall contain a fence or other structure that would ensure the hours of operation are met for the car wash and all other equipment.

(oo)

Sale of new or used tires .

(1)

All tires located outside shall be stored and displayed so that the tires are not visible from the right-of-way or adjacent properties.

(2)

All tires must be kept free from standing water at all times.

(3)

The use of tarps or similar temporary material to visually screen the tires is prohibited.

(4)

The visual screening of the tires may be by either:

(i)

A permanent structure, such as a building;

(ii)

A six-foot height fence, at least 85 percent opaque, set inward at least 30 feet from any public or private right-of-way line; or

(iii)

A ten-foot in depth landscape buffer, set inward a minimum of 20 feet from any public or private right-of-way line, but may be closer to the property line if screening from adjacent properties. The landscape buffer shall:

(A)

Be native, evergreen vegetation;

(B)

Be a minimum of a six feet in height at the time of planting that will reach a minimum of ten feet in height two years after planting;

(C)

Reach an 85 percent opacity within two years after planting; and

(D)

Be maintained and preserved in a healthy condition for so long as the use exists. Should vegetation die it shall be immediately replaced.

(5)

The sale, storage and display of tires may not exceed 1,500 tires. If a facility contains more than 1,500 tires, then the facility shall be deemed to be a waste tire site, waste tire processing center, or tire recycle facility and thus regulated by F.S. § 403.717, and Rule 62-717, Florida Administrative Code.

(6)

The storage of waste and used tires must comply with the Florida Fire Prevention Code and Rule 62-711 F.A.C.

(7)

The storage of any tire must comply with all state and federal regulations, as well as these local regulations. The Florida Fire Prevention Code is currently found in Chapter 36 of the Florida Building Code.

(Ord. 91-59-148, § 1; Ord. 91-761-410, § 1; Ord. 91-1290-590, § 6; Ord. 92-433-486, § 2; Ord. 92-955-674, § 7; Ord. 93-178-112, § 2; Ord. 93-1760-1171, § 4; Ord. 94-436-709, § 2; Ord. 94-340-447, § 1; Ord. 94-1079-722, § 1; Ord. 95-146-243, § 1; Ord. 95-868-763, § 2; Ord. 96-986-646, § 2; Ord. 97-405-E, § 2; Ord. 97-639-E, § 1; Ord. 97-805-E, § 1; Ord. 98-458, § 1; Ord. 1999-834-E, § 2; Ord. 2000-90-E, § 3; Ord. 2000-743-E, § 2; Ord. 2001-300-E, § 3; Ord. 2003-1555-E, § 1; Ord. 2008-27-E, § 1; Ord. 2008-473-E, § 2; Ord. 2010-326-E, § 6; Ord. 2011-727-E, § 2; Ord. 2013-209-E, § 16; Ord. 2014-552-E, § 1; Ord. 2015-338-E , § 1; Ord. 2015-782-E , § 6; Ord. 2017-318-E , § 20; Ord. 2017-701-E , § 2; Ord. 2017-231-E , § 4; Ord. 2018-75-E , § 8)

Editor's note

Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.