Sec. 650.105. - Definitions.

In this Chapter, unless the context otherwise requires: (a) Applicant means any person, partnership, corporation, governmental agency or other legal entity having an ownership interest, whether legal or equitable, in a parcel of land in the City, or his authorized agent, who applies for a development order, comprehensive plan amendment or Vesting of Development Activities Determination (VODAD). (b) Commenced means that point in the evolution of a project when a reasonable expenditure of funds, when judged in relation to the intensity or type of development, by the developer can be demonstrated, or that point at which actual physical construction of the project begins in concert with the provision of necessary support infrastructure, when judged in relation to the intensity or type of development, whether such infrastructural improvements are off-site or on-site. (c) Commission means the Planning Commission. (d) Comprehensive plan means the 2030 Comprehensive Plan, as from time to time amended or modified pursuant to this Chapter. (e) Continuing in good faith means that which an applicant must show with relation to a particular development which has commenced, as defined in (b) of this Section, in order to be accorded a vested right to develop land in a particular manner contrary to the comprehensive plan and to obtain a Vesting of Development Activities Determination by the City which recognizes that vested right. For purposes of making this determination, the Director shall consider the following criteria: (i) A development shall be deemed to be continuing in good faith if there has been diligently pursued, on a regular and continuous basis, design, engineering or permitting activity necessary to the progress of the development. (ii) A development shall be deemed to be continuing in good faith if development has been undertaken and diligently pursued on a regular and continuous basis which furthers the progress of the development. (iii) The criteria referenced in (i) and (ii) above shall not preclude a determination that development is continuing in good faith based upon facts and circumstances of a particular development. (f) Department means the Planning and Development Department. (g) Developer means any person, or his authorized agent, including a governmental agency, who undertakes the development of land as described in subsection (h) of this Section. (h) Development means the carrying out of any building activity or mining operation, the making of any material change in the use or appearance of a structure or land, or the dividing of land into three or more parcels according to a plat of record. The following activities or uses shall be taken to involve development: (1) A reconstruction, alteration of the size of material change in the external appearance of a structure or land; (2) A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure, or on land or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land; (3) Alteration of a shore or bank of a river or stream, lake, pond, or canal, including any coastal construction defined in F.S. § 161.021; (4) Commencement of drilling, except to obtain soil samples, mining, or excavation on a parcel of land; (5) Demolition of a structure; (6) Clearing of land as an adjunct of construction; (7) Deposit of refuse, solid or liquid waste, or fill on a parcel of land; The following operations or uses shall not be taken to involve development as defined herein: (1) Work by a transportation or public works agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way; (2) Work by an utility and other persons engaged in the distribution or transmission of utilities, for the purpose of inspecting, repairing, maintaining, renewing, improving or constructing on established rights-of-way any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like; (3) Work involving the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure; (4) The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to the enjoyment of the dwelling; (5) The use of any land for the purpose of growing plants, crops, trees, and other agricultural, or forestry products, raising livestock, or for other agricultural purposes; (6) A change in the ownership or form or ownership of any parcel or structure; (7) The creation or termination of rights of access, riparian rights, easements, covenants concerning development of land or other rights in land; (i) Development order means any order issued by the City granting, denying, or granting with conditions an application for approval of a development project or activity. The term development order encompasses the following: (1) Development permit means an official document issued by the City which authorizes land alteration or the commencement of construction without the need for any further applications or approvals. Development permits include: all types of construction permits, such as plumbing, electrical, foundation, mechanical, etc., in addition to the building permit itself, grading, site clearing, and demolition permits, septic tank permits, tree removal permits, and sign permits. (2) Preliminary development permit means an official document issued by the City which authorizes certain types of preliminary development which either would not have an impact on levels of service, or would occur at a state in the development process when the proposed project has not been precisely defined and where the density, intensity, and type or use of the ultimate development is not known. (3) Final development permit means an official document issued by the City which authorizes the commencement of construction which would be expected to have an impact on levels of service or would occur at a stage in the development process when the proposed project has been precisely defined and where the density, intensity, and type or use of the ultimate development is known. (4) Preliminary development order means a preliminary approval given by the City which does not authorize actual construction, alterations to land or structures, or other development. A preliminary development order may authorize a change in the allowable use of land or a building, and may include conceptual approvals where a series of approvals are required before authorization to commence land alteration or construction may be given by the City. (5) Final development order means a final approval given by the City for a development project which has been precisely defined in terms of the intensity and use of the project. The final development order authorizes the project, whereas the preliminary development order or permit authorizes specific components of the project, such as building construction, parking lot installation, landscaping, etc. (j) Director means the Director of Planning and Development. (k) Executive department means a department the head of which is appointed by the Mayor and confirmed by the Council and also includes: (1) A division, activity, office or other organizational subdivision of an executive department. (2) A board the members of which are appointed by the Council or by the Mayor and confirmed by the Council, which exercises regulatory or development authority that is affected or controlled by the comprehensive plan. (l) Future Land Use Map series (FLUMs) means the graphic aid intended to depict the spatial distribution of various uses of the land in the City by land use category, subject to the goals, objectives and policies of the comprehensive plan and applicable Land Development Regulations. (m) Land Development Regulations means Chapters 366 , 652, 654, 655, and 656, Ordinance Code, and such amendments thereto as may be adopted from time to time, and any ordinance, which may be adopted to implement provisions of the comprehensive plan and, which ordinance is for the regulation of any aspect of development, including any subdivision, context sensitive, site planning, landscaping, tree protection, or sign regulation, or any other regulation controlling the development of land. This term shall include a general Zoning Code but shall not include a zoning map, an action which results in zoning or rezoning of land, or any building construction standard adopted pursuant to F.S. Ch. 553. (n) Large Scale Comprehensive Plan Amendment means any amendment to the Comprehensive Plan that does not qualify as a Small Scale Comprehensive Plan Amendment. (o) Local Planning Agency means the Planning Commission. (p) Lot of record means a lot, which is part of a subdivision, the plat of which has been recorded in the public records of Duval County, Florida, or any parcel of land described by metes and bounds, the description of which has been recorded in the public records of Duval County, Florida, provided such lot met the minimum lot requirements of the zoning district in which it was located at the time of recording and was recorded on or before September 21, 1990. (q) Plan element means one of the elements, required or optional, described in F.S. § 163.3177(3), (6) and F.S. § 163.3178, or such of them as are included in the comprehensive plan or are the subject of any amendment or modification. (r) Reviewing Agencies means the State Land Planning Agency, the Northeast Florida Regional Council, St. Johns Water River Water Management District, the Department of Environmental Protection, Department of State, Department of Transportation, for a Large Scale Comprehensive Plan Amendment relating to public schools, the Department of Education, for a Large Scale Comprehensive Plan Amendment affecting a military installation listed in F.S. § 163.3175, the commanding officer of the affected military installation, and when applicable, the Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services. (s) Small Scale Comprehensive Plan Amendment means any amendment to the FLUMs that involves a use of 50 acres or fewer, and any text changes to the Comprehensive Plan that relate directly to, and are adopted simultaneously with, a proposed Small Scale Comprehensive Plan Amendment. (t) State Land Planning Agency means the Florida Department of Economic Opportunity, Community Planning and Development, or its successor agency. (u) The Act means the Community Planning Act , F.S. Ch. 163, Pt. II, as amended. (v) Vesting of Development Activities Determination (VODAD) means the official document issued by the City which waives all comprehensive plan requirements for a final development permit or final development order issued prior to the effective date of the 2010 Comprehensive Plan for a development which commenced prior to such date, provided such development does not substantially deviate from the terms of the final development permit or development order, and further provided that such development continues in good faith toward completion. (Ord. 80-354-351, § 1; Ord. 83-591-400, § 1; Ord. 89-200-103, § 3; Ord. 91-1016-425, § 2; Ord. 2002-714-E, § 2; Ord. 2014-108-E , § 1; Ord. 2019-427-E , § 1; Ord. 2021-335-E , § 1; Ord. 2023-152-E , § 1) Note— Former § 622.105.