Sec. 654.137. - Deviations.

(a) Where the Department finds that compliance with the regulations set forth in this Chapter would cause unusual or extraordinary difficulties because of exceptional and unique conditions of topography, access, location, shape, size, drainage, right-of-way constraints, or other physical features of the site, it may grant a deviation from this Chapter so that substantial justice may be done and the public interest secured; provided that the public interest is protected and the development is in keeping with the general spirit and intent of these regulations. A deviation may take the form of a construction waiver, a deferral, or a variance. The deviation may be granted upon written request of the developer setting forth the reasons for each deviation and subject to any conditions the Department may impose. No deviation may be granted solely on the basis of economic hardship or if it would have the effect of nullifying the intent and purpose of these regulations. (b) The standards and requirements of this Chapter may be modified by the Department in the case of a plan and program for an urban village, a complete community or a neighborhood unit, which, in the judgment of the Department, provides adequate public spaces and improvements for the traffic and pedestrian circulations, recreation, light, air, or will encourage/assist the provision of affordable housing and service needs of the tract when fully developed and populated and which will provide the covenants or other legal provisions as will ensure that the development will not constitute an economic and tax burden on the City. (c) The Director may grant a deviation of these standards for good cause in writing for developments that qualify as industrial in nature. (d) Sidewalk deviations. The Director may require a transportation study to substantiate deviations from the general requirements. (1) Construction waiver and payment into Sidewalk Fund. For good cause, the Director may grant a waiver, in areas other than Downtown as defined in Sec. 656.301 , Subpart H, Ordinance Code, from the requirement to construct a sidewalk at the lot to be developed if an application is made, and approved, for payment into the In-Lieu Sidewalk Program as outlined in the LDPM. This Program is not to be used if the construction of a sidewalk in that location is merely more expensive than a typical sidewalk. An application should only be approved if construction of a sidewalk in that location is not feasible due to unforeseen or uncontrollable situations as outlined in the LDPM. If the application is approved, the developer shall contribute the calculated amount of the sidewalk into the Sidewalk Construction Special Revenue Fund (the "Sidewalk Fund") pursuant to Sec. 111.550 , Ordinance Code. If construction of the sidewalk is not feasible at that time, or the need is not immediately foreseeable, then a deferral may be explored. (2) Deferrals. For residential infill lots only, the Director may grant a deferral, in areas other than Downtown as defined in Sec. 656.301 , Subpart H, Ordinance Code, for the construction of a required sidewalk until such time as sidewalks are needed for the lot (or lots) that are being developed or redeveloped. (A) The Director shall determine when sidewalks are needed based on the growth of the area surrounding the development. (B) A deferral granted pursuant to this subsection requires the developer to execute an Agreement for Sidewalk Deferral (the "Agreement") prepared by the Office of General Counsel, which shall identify the property that is the subject of the deferral. The developer shall record the Agreement in the official records of Duval County and shall forward a recorded copy to the Office of General Counsel and the Department. No Certificate of Occupancy shall be issued until the Department receives the recorded Agreement. (C) Deferrals shall be considered by the Director based upon the following non-exclusive list of criteria: (i) Whether the lot is within the Walkshed of a destination attraction such as a park, school, bus stop, shopping center, etc.; (ii) If the subject property is on a residential street, whether there is a sidewalk within 100 linear feet on the same side of the street; (iii) Whether the subject property is on a City-maintained roadway; (iv) Whether sidewalks were shown on the approved Civil Plans for the development or subdivision containing the subject property; (v) Whether the subject property is on a dead end or cul-de-sac with fewer than 15 houses; and (vi) Whether the neighborhood was designed such that the sidewalks were allowed to be on only one side of the street. (3) Variance. A variance may be granted by the Department for sidewalk width or sidewalk location for good cause shown. (Ord. 91-58-147, § 1; Ord. 2002-714-E, § 5; Ord. 2013-185-E, § 6; Ord. 2022-221-E , § 3; Ord. 2025-30-E , § 20) Note— Former § 654.125 .