Sec. 656.361.6.2. - Private Realm Regulations.

New development and redevelopment of existing structures should contribute to the creation of a coherent, well-defined and active public realm that supports pedestrian activity and social interaction, and to the creation of a well-organized and functional private realm that supports the needs of tenant businesses and residents. New development and redevelopment also should contribute to a visually and functionally integrated pattern of development that reads as a consistent and attractive whole. Thus, the general building forms and functions and how they are organized on the site and in relation to surrounding development have as much to do with the area's character and function as a building's aesthetic characteristics. A. Build-to lines/Lot Frontage. 1. Purpose and Intent: Establishment and support of the civic life of the street are important elements in the creation of a dynamic pedestrian-oriented downtown. Siting buildings at or near the right-of-way line, or the Private Realm edge, gives spatial definition to the Public Realm that is critical to supporting pedestrian activity. Residential uses on the street level shall be spatially separated from the Public Realm sidewalk for privacy. Any setback permitted from the Build-To Line shall accommodate site specific Urban Open Spaces or semi-private Urban Open Spaces to maintain the urban character and streetscape edge and the integration and engagement of the public pedestrian corridors with the proposed public or semi-private Urban Open Space. 2. Build-To Requirements for all new buildings: (a) All new buildings and structures, whether residential or non-residential, shall directly address the public street, Riverwalk, Creekfront Easements, and View and Access Corridors (rather than having buildings oriented to parking lots). (b) Buildings shall be pulled forward to the interior edge of the Pedestrian Zone and shall provide continuous frontage along public sidewalks to maintain the urban character and streetscape edge, except where: (1) The building is set back to accommodate optional Urban Open Space or vehicular drop-off as allowed below, and such frontage is pedestrian-oriented with pedestrian-scaled elements that work to activate the street along adjacent sidewalks; or (2) The building is set back to accommodate an expansion of the Pedestrian Zone which may be for a wider than required Pedestrian Clear Area, Amenity Area or Frontage Area; or (3) The buildings are separated for a pedestrian path or vehicular alley, breaking the continuous frontage. (c) Public Realm Pedestrian Zone (sidewalk) minimum widths are addressed in detail in subsection 656.361.6.3.B: (1) The Pedestrian Clear Area shall be the highest priority within the Pedestrian Zone and generally a minimum of eight feet in width but in no event less than five feet in width in areas of constrained right-of-way; (2) The Amenity Area shall be a minimum of four feet in width, except as provided in subsection 656.361.6.3.B.4 in constrained areas; (3) The Frontage Area shall be a minimum of two feet in width. (d) If the existing sidewalk is less than the minimum required Pedestrian Clear Area, or if there is no sidewalk, and there is not adequate right-of-way between the edge of curb and the right-of-way line to expand the sidewalk to meet the required width, then the developer shall provide an additional building setback in order to provide the space required for the Pedestrian Clear Area. (e) If there is no existing sidewalk, one shall be constructed which complies with the width requirements for the Pedestrian Zone. (f) Buildings located adjacent to both open space amenities (e.g., plazas, parks, the Riverwalk, Creekfront Easements, and View and Access Corridors to the waterfront) and public streets shall be designed with a dual orientation so that they provide a public face or architecturally appropriate facade to both the primary street frontage and to the public or semi-public urban open space, Creekfront Easements, or View and Access Corridors. (g) On corner parcels, building design shall be used to define and activate the intersection as an important node. (h) The height and placement requirements within the Riverfront Zones supersede these Build-To requirements in the case of a conflict. (i) A set back from the Build-To Line to accommodate a vehicular drop off will be allowed only if all of the following are met: (1) No parking or cab standing is allowed; and (2) The vehicular use area (stabilized surface upon which vehicles move or park) shall be separated from the right-of-way by an Urban Open Space area at least 25 feet in depth. (j) No portion of a vehicular use area may be deemed an Urban Open Space. (k) For non-residential use at street level, other than a parking garage, the front plane of the building or structure shall be located as follows: (1) On the right-of-way line, unless: (i) Additional setback is required to provide the required width for Pedestrian Zones pursuant to the Public Realm Regulations contained in subsection 656.361.6.3 , in which case the Build-To line is the new setback line; or (ii) On a setback line off the right-of-way provided that the intervening space, utilized by the public but maintained as Private Realm, is developed as Urban Open Space that expressly activates and addresses the public realm (see the Urban Open Space criteria in subsection 656.361.6.3.D), and is to accommodate either: site specific public urban open spaces such as plazas, courtyards, vistas, entryways, or the like; or semi-private spaces such as a sidewalk café or retail uses, which are open to the public during business hours. (l) If the development spans the entire length of the block, then Urban Open Space shall be provided either at a corner, or as an indentation from the Build-To Line along a minimum of ten percent of the frontage. The Urban Open Space shall not be merely landscaping, but useable as Public Realm or Semi-private Urban Open Space. See Illustration 6.2.A, below. Illustration 6.2.A Build-To Line (m) For residential units at street level on the street frontage: In order to provide ample visual separation between the residential unit and the public realm, the first floor shall be either: (1) Raised a minimum of three feet above the sidewalk; but no greater than six feet, or one foot above the minimum flood elevation; whichever is greater; or (2) Set back from the required Pedestrian Zone interior edge the lesser of the setback required to align with the front plane of other residential structures on the street or set back a distance of between five feet and 15 feet, exclusive of stairs that are used to access the dwelling unit. The setback area shall be developed as Urban Open Space or otherwise enhanced to improve the aesthetic appearance from or engagement with the Pedestrian Zone. An example of pedestrian engagement close to the Pedestrian Zone might be an open front porch. (3) Access to ground-floor residential units shall be directly from the street to promote active residential street frontage. Stoops, front porches, porticos, and/or forecourts shall be incorporated to buffer residential uses and provide pedestrian interest. (n) Parking garages on the street level shall meet the criteria of subsection 656.361.6.2.K (Off Street Parking) and subsection 656.361.6.2.B (Private Realm Urban Open Space). 3. Build-To Requirements for existing buildings. The Build-To Line shall not apply in the event of Major Renovation of an existing building, and the existing facade setback may be maintained. However, the following shall apply: (a) If there is existing and conforming surface On-Site Parking, the parking lot shall be re-constructed to meet the requirements of Section 656.361.6.2.K (Off Street Parking) and subsection 656.361.6.2.L (Screening and Landscaping of Surface Parking, Trash Storage, and Loading Areas); and (b) The area between the existing building or conforming On-Site Parking and required interior edge of the Pedestrian Zone, if any, shall meet the Urban Open Space requirements of subsection 656.361.6.2.B below. 4. Deviations from the Build-To Line. Deviations from the Build-To requirements may be allowed by the DDRB only if the decision is based on competent substantial evidence that deviating from the requirement meets all of the General Deviation Criteria contained in subsection 656.361.8.B, and in addition meets all of the criteria listed for the Deviation requested below: (a) A Deviation from the Build-To line to modify the requirement of visual separation between the private dwelling unit space and the Public Realm may be allowed only if the applicant can demonstrate that compliance is not feasible on the site due to site specific conditions not generally found within Downtown. (b) A Deviation from the Build-To line to permit a building frontage line farther away from the street than the Build-To Line may be allowed only if all of the following are met: (1) The streetscape edge shall be maintained by architectural features (arcades and walls), site furnishings (e.g., flagpoles, light standards) or landscape elements (e.g., palms) which provide continuity between the proposed building and the building line of adjoining structures. (2) Walls and other features utilized to create a frontage line at the Build-To Line shall not block the view into or out of the semi-private areas. (3) A building shall not be set back with only landscape strips along the entire facade facing a street. Instead, Urban Open Spaces shall be consolidated to an area of the building site that creates a mix of hard surfaces and landscaping without the entire building being set back from the street. (4) A building shall not be set back to allow on-site parking along the street frontage, even if the streetscape edge contains the architectural features mentioned above. (c) A Deviation from the Build-To line to move the building frontage line closer to the street than the Build-To Line may be allowed only if each of the following are met: (1) The applicant can demonstrate that compliance is not feasible on the site due to site specific conditions not generally found within Downtown; (2) The Pedestrian Zone may in no event be reduced to less than five feet and the combined Pedestrian and Amenity Zones to not less than eight feet; and (3) The Pedestrian and Amenity Zones are consistent with the adjacent developed properties. (d) A Deviation from continuous frontage or Urban Open Space along the Build To line may be allowed only if the applicant can demonstrate that compliance is not feasible on the site due to site specific conditions not generally found within Downtown. B. Urban Open Space: Open to the Public or Semi-Private. 1. Purpose and Intent: Urban Open Spaces are effectively extensions of the Pedestrian Zone and are to be utilized for public congregation, rest, relaxation, and recreation or enjoyment adjacent to and integrated into the Public Realm corridor and serve to activate the sidewalks and engage pedestrians. Urban Open Spaces shall generally be open to the public or may be Semi-Private such as an outdoor seating restaurant open during business hours of the restaurant. Unless dedicated and conveyed to the City, and the City accepts maintenance thereof, all Urban Open Space shall be maintained by the owner thereof. 2. Requirements for all Urban Open Space—Open to the public or semi-private: (a) Shall be accessible and visible from the adjoining Pedestrian Zone. (b) Entryways and steps to these urban open spaces shall be kept wide and welcoming in character. (c) Shall be handicap accessible. (d) No portion of a vehicular use area or the Vehicular Zone may be deemed an Urban Open Space. 3. Urban Open Space open to the public: Urban Open Space open to the public shall be designed for public congregation and recreation such as: plazas, courtyards, entry ways, or the like, and shall be designed to integrate, but not interrupt, the streetscape edge at the Build-To Line. See the following Illustrations. (a) The following amenities are examples of appropriate Urban Open Space features: ornamental fountains, waterfalls, sculptures, trellises, arbors, seating facilities, landscape features, shade structures, street trees, etc. (b) Design features of these Urban Open Spaces shall serve to enhance the visual and functional quality of the adjoining corridor and be compatible with public facilities such as in the Amenity Area of the Pedestrian Zone. (c) The Urban Open Space required in order to have a vehicular drop off shall provide landscaping, shade and seating, or other amenities to activate the use of the sidewalk, rather than just landscaping to enhance the structure beyond. This must be an extension of the Pedestrian Zone. 4. Semi-private Urban Open Space Requirements: (a) Semi-private Urban Open Spaces such as a sidewalk café or retail use, which is open to the public during business hours shall be open to the public as patrons a minimum of four hours per day. (b) Walls or screening utilized in this area shall not block the view into or out of the semi-private areas, but a physical separation is allowed. 5. Deviations by the DDRB: Where Urban Open Space is provided as an option in lieu of meeting other requirements, no Deviation from the requirements of Urban Open Space contained in 656.361.6.2.B.2 are allowed unless it can be shown that the Urban Open Space intent of 656.361.6.1.B.1 has otherwise been satisfied. Where Urban Open Space is required by these Regulations, such as in subsection 656.361.6.2.A (Build-to lines/Lot Frontage) regarding a development that spans the entire block length, or the setback of street level residential uses, Deviations may be allowed by the DDRB, and the decision must be based on competent substantial evidence that the request meets the General Deviation Criteria contained in subsection 656.361.8.B, and in addition that: (a) If no required Urban Open Space is provided, then visual interest and engagement such as living walls, windows containing displays, or art walls shall be provided. C. Building Massing and Form. 1. Purpose and Intent: It is important that future buildings are designed so that their scale and massing does not overwhelm the Public Realm and make it unattractive or inhospitable. The modulation of a block and the massing of buildings significantly impacts how the size of a building is perceived by a person at street level. New buildings and additions should reinforce the historic pattern with indentations and upper-level step-backs oriented to the many existing low to mid-rise buildings. The following regulations seek to ensure integration of new buildings into the existing character of the area, while allowing for more intense development and taller buildings. Buildings that frame and define the street and express a fine-grain character contribute to the quality of the Public Realm and the pedestrian experience. Well-articulated and detailed street walls are important to the fabric of the City and help to establish a human-scale urban experience. The design of different elements of a building is critical: tower designs create the skyline image of a city; the mid-portions of buildings provide visual interest to pedestrians and serve as attractive backgrounds for public open spaces; and the ground floor designs activate the street and enrich the pedestrian environment. 2. Requirements: (a) Enhance the skyline. The upper portion of a tall building shall be designed to promote the visual interest and variety in the downtown skyline. Existing landmarks shall be respected while responding to the skyline's present and planned profile. (b) Create a transition in bulk and scale. (1) The massing of a new building shall be composed to create a transition to the height, bulk, and scale of nearby existing developed properties. This Section is not intended to limit permitted height, or restrict new development potential, especially when nearby previously developed properties are vacant or abandoned, or significantly underdeveloped, but to include architectural transitions to the existing development. (2) Height limits are established and upper level setbacks from parcel boundaries for tall buildings are encouraged to create large-scale transitions in height, bulk, and scale. More refined transitions in bulk and scale shall also be considered. (3) Buildings on District edges shall be developed in a manner that creates a step, or transition, in perceived height, bulk, and scale between the development potential of the adjacent District, unless there is an intervening elevated roadway or bridge structure. (c) Block modulation. (1) Full block building developments shall be broken up into distinct volumes that are in proportion to one another, while preserving the integrity of the building's design, and create transitions in bulk and scale. (2) Repetitive elements or monolithic treatments that create a half- or full-block massing or appearance shall be avoided. Large scale building facades where the total building length is greater than 250 feet fronting a street, shall include a substantial facade modulation or a building mass separation. (3) Building design shall use a variety of color, material and texture in order to express variety, avoid monotony and distinguish different building volumes. 3. Deviations allowed by DDRB: (a) Deviations to the skyline, transition, building modulation and massing requirements may be authorized if and in addition to the general Deviation criteria, DDRB finds that the proposed architecture of the building is unique, innovative and will positively impact the downtown image as well as immediately adjacent buildings and development sites. D. Height of Buildings and Structures. 1. Purpose and intent: It is the intent of this subsection to provide the greatest flexibility in creativity and design of individual projects while still respecting the surrounding character of existing patterns of development. 2. Requirements: The height of buildings and structures is unlimited within the Overlay Zone with the following exceptions: (a) Brooklyn District - 90-foot height limit from the centerline of Chelsea St. to Interstate 10, as shown on Map 6.2.D, below; (b) LaVilla District - 75-foot height limit; (c) Cathedral District - 65-foot height limit; (d) Waterfront Design and River Views - See subsection 656.361.6.2.H. Map 6.2.D 3. Measurement of structure height. The height of a structure shall be measured from natural grade, or historically modified grade as it exists on March 1, 2019. In the case of a sloped lot within a Riverfront Zone as discussed in this Section, the height of a structure shall be measured from said grade at the lowest portion of the lot within the applicable Riverfront Zone. 4. Deviations allowed by the DDRB: Deviations to the height limitations in the Brooklyn, LaVilla and Cathedral Districts, other than in the Riverfront Zone, may be allowed by the DDRB if the decision is based on competent substantial evidence that the request meets the General Deviation Criteria contained in subsection 656.361.8.B, and in addition that: (a) The Deviation will not adversely impact the uniform District character (i.e. site is on District boundary); and (b) The Deviation does not allow development that adversely diminishes the prominence of historically designated buildings in the District; and (c) The Deviation will buffer the remainder of the District from elevated roadway or undesirable use or provide a transition to a higher use across the District boundary or the Deviation is requested to permit development of a transit oriented development in the LaVilla District consistent with the LaVilla master plan. E. Facade Differentiation. 1. Purpose and Intent: Building facades are the "walls" that give definition to the public realm, and contribute significantly to the character of an area. The doors, windows, and detailing that animate these facades both activate the streetscape and establish a pleasing sense of order and proportion. It is important that they be neither too dull nor too busy, and that they present a perceptible unity without sacrificing variety. Facade differentiation is essential in order to create architectural interest at the street level, enhance the urban character, and involve the pedestrian on the street with the adjacent building. See Illustration 6.2.E, below. Street level is defined as the space from the sidewalk up 30 feet. 2. Requirements: (a) To provide pedestrian scale and interest, building facades of new structures, or reconstruction of existing facades that face public streets, sidewalks, Urban Open Space areas and other pedestrian areas, shall incorporate differentiated building walls, open and inviting facades, human/pedestrian scale, and variety of detail and form by addressing variation in wall planes, horizontal and vertical articulation, glazing, materials, finishes, and colors. (b) Articulation and detailing shall include features such as building entrances, display windows, awnings, canopies, balconies, bays, horizontal banding, sills, fenestration, alcoves, awnings, light fixtures, and other design features that add human scale and visual interest to the facades. (c) Articulation of building volumes, changes in rooflines and fenestration patterns, introduction of vertical architectural features such as columns and pilasters, the use of decorative detailing and architectural elements, and changes in building materials and color shall be used to vary facades and define distinct modules of the buildings. (d) Facades at the lower levels of the building that face public streets and urban open space areas shall be architecturally subdivided and should include some form of modulation or articulation at appropriate intervals in order to promote visual interest and a comfortable pedestrian scale that is reminiscent of traditional pedestrian-oriented shopping and residential districts. (e) Continuous massing at street level that is not articulated with architectural feature expression, shadow relief, projections, setbacks and recesses is prohibited. (f) Buildings should incorporate a variety of vertical and horizontal modulations to develop distinct architectural volumes, break up monotonous volumes and create a fine-grain character. (g) Solid portions of walls shall contain enhanced materials, deep reveals and scoring, or other textures. Illustration 6.2.E Facade Differentiation 3. Deviations allowed by the DDRB: Deviations may be allowed by the DDRB if the decision is based on competent substantial evidence that the request meets the General Deviation Criteria contained in subsection 656.361.8.B, and in addition that: (a) The Public Realm is fully developed and adequately addressed by Urban Open Space; and (b) Pedestrian scale and visual interest at the street level is maintained without facade differentiation by other specific features and enhancements to the pedestrian experience. F. Building Entrances. 1. Purpose and Intent: Development should be designed to improve the pedestrian's experience of downtown Jacksonville by respecting existing development patterns, providing frequent pedestrian entries along the street and the waterfronts, providing cover, and signaling the entrance through architectural features rather than relying solely on signage. See Illustration 6.2.F, below. Illustration 6.2.F Building Entrances 2. Requirements: (a) Pedestrian entrances to buildings shall be well defined and accentuated through the use of facade articulation, architectural detail, and use of materials. Strategies for this include: (1) Creating a recessed entry bay; (2) Incorporating the entrance into a taller vertical mass (e.g., a small tower) that is differentiated from the rest of the building; (3) Sheltering the entrance with a canopy, awning, or overhang; (4) Employing architectural features such as columns, pilasters, clerestory windows and sidelights, decorative tiles and light fixtures; and (5) Enhancing the ground surface at the entry with decorative paving. (b) There shall be at least one pedestrian entrance door on each building elevation facing a street or a waterway, but an entrance is not required on each View and Access Corridor, as shown in Figure 6.2.F below, unless: Figure 6.2.F Pedestrian Entrances (1) The building fronts on more than two streets in which case Pedestrian Entrances shall only be required on two frontages, and an Urban Open Space shall be included on the building facade(s) lacking an entrance; or (2) A public entrance on more than one street facade is a demonstrated safety concern as determined by staff of DDRB. If this is determined to be the case, then an Urban Open Space shall be included on the building facade(s) lacking an entrance; or (3) in the case of a site with three or more frontages, a building shall locate its service area and loading facilities on one of the least prominent frontages and shall not be required to provide an entrance or urban open space on that facade, but will comply with the screening requirements herein. (c) The Pedestrian Entrance(s), which are by definition the main or primary entrances to a building, shall face the street or a waterway and not a parking lot. (d) The Pedestrian Entrance(s) to a hotel or residential use, and to an office use in the Brooklyn and Southbank Districts, may be set back from the Build To Line, as required by the Build To Line Section, to provide for a motor court drop-off area. (e) If interior-block parking exists, there may be secondary entrances from the parking lot, or mid-block pedestrian passages from the parking lot to the street. (f) An entrance shall be provided for each retail or restaurant establishment street frontage exceeding 50 feet. Where such frontages exceed 150 feet, one entrance shall be provided for each 150 feet of frontage or portion thereof. (g) Pedestrian ramps within the public right-of-way are prohibited, except where necessary for required disabled access to existing buildings when no alternative is available. (h) Features for shade and protection from the rain are required over entrances to buildings. The lowest point of these features shall be no less than 8 feet from the sidewalk measured vertically. See subsection 656.361.6.3.C regarding requirements for protecting pedestrians from the elements. (i) The building lobby in an office, hotel or other commercial building shall be designed as a clearly defined and demarcated standout architectural feature of the building. (j) Entries to stores and ground-floor commercial uses shall be visually distinct from the rest of the store facade, with creative use of scale, materials, glazing, projecting or recessed forms, architectural details, color and/or awnings. These entries shall have direct at-grade access from the sidewalk or from an Urban Open Space adjacent to and accessible from the sidewalk. (k) The use of awnings, canopies, and over-hangs shall be encouraged in order to highlight entrances and give definition to the facade, and to provide shelter and shade over building entrances and display windows. Awnings shall: (1) Be in scale with the building and designed to be complementary to the overall design of the building; (2) Avoid covering transom windows and other architectural elements; (3) Be of durable materials that can stand up to the weather; (4) Not interfere with the tree canopy or signage; and (5) Provide an eight-foot minimum clearance above the finished sidewalk. See Pedestrian Protection from the Elements subsection below. 3. Deviations allowed by the DDRB: Deviations from the following requirements may be allowed by the DDRB only if the decision is based on competent substantial evidence that deviating from the requirement meets all of the General Deviation Criteria contained in subsection 656.361.8.B, and in addition meets all of the criteria listed for each requirement below: (a) A Deviation from the requirement to have architecturally well-defined entrances, may be allowed only if each of the following are met: (1) The overall architecture of the building would be adversely impacted by a well-defined entrance; and (2) Other streetscape or Urban Open Space features are incorporated to clearly signal the entrance. (b) A Deviation from the requirement that the main entrance must face the street or a waterway may be allowed only if one of the following is met: (1) The development is entirely residential or office in the Brooklyn or Southbank Districts, and a courtyard entrance is provided; or (2) The development is second story over enclosed surface parking, an interior entrance elevator from the parking provides access, and the exterior of the parking lot is wrapped a minimum of 50 percent of the facade length with retail or other active uses with street or waterway frontage entrances. (c) A Deviation from the requirement that a Pedestrian Entrance be provided on each street or waterway frontage, other than as permitted above, may be allowed if the applicant can demonstrate that compliance is not feasible on the site due to site specific conditions not generally found within Downtown. G. Transparency. 1. Purpose and Intent: The urban environment will be enhanced by minimizing the area of blank wall space on the ground-floor level. The purpose of the transparency requirement is to encourage continuity of retail and pedestrian consumer service uses and to provide a pleasant, rich, and diverse experience for pedestrians by visually connecting activities occurring within a structure to adjacent sidewalk and Riverwalk areas, prohibiting fortress-like facades at the street level and avoiding a monotonous environment. All buildings and structures with street or waterway frontage shall meet, as shown in Figure 6.2.G, below, the following requirements. Figure 6.2.G Transparency 2. Requirements: (a) At least 50 percent of each new or re-constructed building facade, between the height of two feet and ten feet above the sidewalk or Riverwalk grade shall be transparent. (b) Uses which can be seen from the sidewalk inside the building within the required transparency area shall be habitable space, or space able to be occupied, and shall not be devoted to parking areas, truck loading areas, vehicular access ways, or storage. (c) The required transparency area shall not apply to those portions of building frontage with ground floor residential units located fronting the sidewalk. (d) The required transparency area shall not apply to buildings of historic significance, or churches, synagogues or other buildings of religious worship existing as of March 1, 2019. (e) Large expanses of solid walls are prohibited and shall not exceed 20 feet in width. (f) Reflective or mirror glass, heavily tinted bronze, black or gray glass is prohibited at the street or Riverwalk level. (g) Glass materials at street or Riverwalk level shall exhibit visible light transmittance of a minimum of 60 percent. (h) Projecting balconies facing public streets shall be an average of no less than 40 percent open or transparent (perforated mesh, 40 percent translucent glass, or open rail) above a height of 18 inches, measured from the balcony walking surface. 3. Deviations allowed by the DDRB: Deviations may be allowed by the DDRB if the decision is based on competent substantial evidence that the request meets the General Deviation Criteria contained in subsection 656.361.8.B, and in addition that: (a) As to a Deviation from the 50 percent ground floor transparency requirement and/or the requirement that no solid wall shall exceed 20 feet in width between two feet and ten feet in height may be allowed only if all of the following are met: (1) The use of the ground floor space is unique and not commonly found throughout Downtown (such as a museum, convention center, hospital or arena); and (2) The use must be protected from light, or visibility into the space would create bona fide security concerns; and (3) The design of the exterior facade incorporates living walls, murals or other facade treatments that would engage the pedestrian in the space where transparency would be required. (b) As to a Deviation from the requirement that the transparent area must be occupied space may be allowed only if all of the following are met: (1) The use of ground floor space for parking, loading, or storage has been approved by Deviation; and (2) The design of the exterior facade incorporates living walls, murals or other facade treatments that would engage the pedestrian in the space where transparency would be required. H. Waterfront Design and River Views: setbacks, height and access corridors. 1. Purpose and Intent: It is the intent of this subsection to encourage and protect enticing views of the river from as many places in downtown as possible by providing View and Access Corridors at the street level, to maximize overall value by providing both enhanced public spaces at the riverfront and by facilitating river and creek views from as many buildings as possible, as well as managing building forms and massing to be respectful of the context of the surrounding buildings and of the pedestrian environment by stepping buildings up from the river and defining height zones as delineated hereunder to allow views around, over and through the architecture, and, to respect the scale of the context in which development occurs. Additionally, it is the intent to encourage activation of the waterfronts by treating them similarly to street fronts, particularly in terms of transparency and building entrances. Illustration 6.2.H River Views and Height of Buildings The purpose of the Riverfront Zones, depicted in Table 6.2.H below, is to protect pedestrian scale along the waterfront and provide for spacing horizontally through corridors to promote the views of and access to the river. Because the land generally slopes down to the river, attention must be paid to the views to the river from a higher elevation as one's vantage point recedes from the river. The purpose of the Waterfront Design regulations is to: 1) protect and promote the City's downtown waterfront as a community resource, 2) provide for an orderly development or redevelopment of the waterfront, 3) foster high quality design of the riverfront development, 4) ensure increased public access to and along the water's edge, and 5) create a pedestrian-oriented environment along the waterfront. The following requirements shall apply to all property located along the St. Johns River waterfront. 2. Requirements for River View and Access Corridors: View and Access Corridors ( which provide both view and physical public access and are generally perpendicular to the waterfront) and rights-of-way shall be maintained by adherence to the following: (a) No existing public right-of-way, opened or unopened, or View and Access Corridor as required by this Section, which leads to or toward the riverfront may be closed, abandoned, vacated, or visually blocked from street level up to a height of 35 feet as measured at the river side of the first street that is generally parallel to the river, unless an alternate public View and Access Corridor meeting the requirements below is provided. Any alternate View and Access Corridor shall: (1) Be of equal width parallel to the water and length perpendicular to the water as the right-of-way or View and Access Corridor to be closed or blocked; and (2) Be located such that the distance between View and Access Corridors after the contemplated closure is no more than 300 feet from the centerline of one to another except as provided in (4) below; and (3) Connect to the first street that is generally parallel to the river; and (4) Where feasible, align with a longer existing perpendicular View and Access Corridor landward of the first street that is generally parallel to the river. In order to achieve this alignment, a distance of up to 350 feet between rights-of-way and View and Access Corridors would be allowed administratively without the need for Deviation provided the Corridor width is also proportionately increased beyond the 40-foot minimum. (b) Where the distances between the centerlines of generally perpendicular rights-of-way or View and Access Corridors running between the first street generally parallel to the river and the river exceeds 300 feet one or more additional 40-foot wide (minimum) and 35-foot in height (minimum) easement(s) for View and Access Corridor(s) to the river shall be provided, generally perpendicular to the river and perpendicular to the first street parallel to the river, to the extent possible, such that the distance between the inside edges of the View and Access Corridor easements or rights-of-way shall not exceed 250 feet. By way of explanation, a building may be designed for River View Zones B and C, and in the unlimited height area, to a maximum of 250 feet in length generally parallel to the river, but more importantly, parallel to the first street that generally parallels the river in order to provide a meaningful view to the river from that first street. If an existing View and Access Corridor is not located every 300 feet (centerline to centerline), then the View and Access Corridor to be provided shall be aligned with a longer existing perpendicular View and Access Corridor landward of the first street that is generally parallel to the river, if feasible. In order to achieve this alignment, a distance of up to 350 feet between Corridors would be allowed administratively without the need for Deviation provided the corridor width is also proportionately increased beyond the 40-foot minimum. (c) The View and Access Corridor shall be a landscaped easement, open to the public as a walkway. The View and Access Corridor shall be designed to allow, and specifically invite public physical and visual access to the river. See Illustration 6.2.H-2, below. Illustration 6.2.H-2 River View Corridors (d) A building shall be oriented such that its primary axis is perpendicular to the river and designed so as to minimize impediments to water views from principal public view points at ground level and from higher portions of nearby buildings. (e) If a site is redeveloped that previously closed a public right-of-way to the river, that right-of-way shall be reopened or a View and Access Corridor shall be provided over the former right-of-way if the closed portion in question aligns with an existing open and developed right-of-way, across the first street parallel to the river and by reopening the closed portion a longer View Corridor to the river would be achieved than by providing the View Corridor required in 656.361.6.2.H.2(b), above or 656.361.6.2.H (g) below. This provision shall not require the re-opening or prevent the closure of any right-of-way meeting the requirements for superior alternate corridors described in 656.361.6.2.H.2 (a). The intent of these Regulations is to maintain a consistent visual connection with the river, and the historic pattern of street ends at the river provide this connection. (f) A View and Access Corridor can be blocked above 35 feet from grade within Zones B and C and within the unlimited height area, but only if it is open and clear up to 35 feet in height as first measured at the river side of the first street that is generally parallel with the river and continuing that clear area level to the river. The View and Access Corridor shall be a minimum of 40 feet in width, beginning at the river and continuing up to and connecting with the first street that generally parallels the river, so that those traveling at ground level along that street can see the river. (g) In the event the distance between View and Access Corridors is increased beyond 300 feet as described above in order to allow alignment with a longer perpendicular Corridor or right-of-way, and the width of the View and Access Corridor itself is proportionately increased, the maximum allowable building width adjacent to the View and access Corridor shall also be proportionately increased above the 250-foot maximum. By way of illustration, if a 50-foot wide View and Access Corridor exists at a distance of 350 feet from the next adjacent Corridor, and by adding 25 feet in width to that Corridor it would then align with a longer Corridor perpendicular to the river, the distance to the interior edge of the Corridor could be increased to 325 feet and the building width on the adjacent parcel increased to 275 feet. 3. Setback from River parallel to the Waterfront. Public access along the riverfront, as well as preservation of river views and pedestrian scale parallel to the waterfront shall be maintained by adherence to the following: (a) Consistent with the adopted Community Redevelopment Area Plans for Downtown Northbank and Southbank, a 50-foot minimum setback from the St. Johns River's water edge shall be enforced, except for projects granted a Water's Edge Restaurant exception. This setback may be achieved by providing an average building or vertical structure setback of 50 feet from the bulkhead or mean high water line, with a minimum setback of 40 feet in all locations. No building element or vertical structure that reduces the setback to less than 50 feet may extend more than 50 feet in length parallel to the waterfront, and other portions of the same building shall be setback beyond 50 feet in order to achieve the average setback of 50 feet across the entire building frontage. This waterfront setback is Zone A, from the water's edge measured from the waterside face of the bulkhead or the rip-rap revetment at the Mean High Water Line ("MHWL") extending landward of the river, as established at the time of request for a building permit and DDRB review, as shown in Table 6.2.H and Map 6.2.H below. Table 6.2.H Riverfront Zones Riverfront Zones Maximum Ht. Zone A - 0 to 50' from bulkhead or MHWL* Ht. = 0 Zone B - 50' to 100' from bulkhead or MHWL** Ht. = 45' Zone C - 100' to 175' from bulkhead or MHWL** Ht. = 75' Over 175' from bulkhead or MHWL Ht. = unlimited * a structure may encroach within Zone A up to 10' so long as the average of a 50' setback is maintained, and so long as the encroachment is no greater than a 50' width as described above. Further, a private accessory use in the landward portion of Zone A may be allowed up to a height of four feet. **A structure may seek a verification of equal volume to increase height in Zones B or C as provided below or may seek a Deviation as to height in any Zone other than Zone A.   Map 6.2.H Riverfront Zones Maps (b) The Public Realm must be activated and open to the public within the 25 feet closest to the bulkhead or mean high water line. Only public amenities such as street lights, gazebos, shade structures, etc. and signage and interactive or storytelling features, all consistent with the Riverfront Park Design Guidelines, shall be allowed within the 25 feet of Zone A closest to the water. (c) In the event the adjacent Riverwalk is already in existence and was constructed over water pursuant to a submerged lands lease, and (1) The proposed upland development will provide a continuous connection to the existing Riverwalk by expanding the Riverwalk inward to and beyond the face of the bulkhead or mean high water line; and (2) The upland owner has granted to the City unrestricted permission to repair, maintain and enhance the existing Riverwalk in its present location, then Zone A shall be measured from the outside face of the existing Riverwalk inward toward the upland. (d) Riverwalk. Within Zone A, a minimum 25 foot wide perpetual easement or dedication of property, running the length of the setback shall be granted to the City for the Riverwalk, adjacent to the bulkhead or mean high water line of the river, whichever is farther upland, for the purpose of construction of a public Riverwalk along the riverfront to be part of a continuous Riverwalk system. Such conveyance shall occur prior to issuance of a building permit for the proposed building or structure. Construction of the Riverwalk shall comply with the provisions of this subsection and the design standards set forth in the Riverwalk Park Design Criteria dated February 2019, as may be amended from time to time, which standards are hereby adopted and on file in the Legislative Services Division, the City Engineer's Office, and the DIA. In the event the adjacent Riverwalk is already in existence and was constructed over water pursuant to a submerged lands lease, such easement or dedication shall be satisfied by either an upland easement entitling the City to obtain a submerged lands lease or a binding agreement consenting to application for and the grant of a submerged land lease to the City for construction, repair, maintenance, replacement and enhancement of the existing Riverwalk. (e) In Zone A, outside of the 25-foot band closest to the water, Zone A may be activated with non-permanent structures and furnishings such as tables, chairs and umbrellas that are completely open and accessible to the Riverwalk for use with cafes, bars and the like located outside of Zone A; Urban Open Space amenities such as fountains and public recreational amenities of a height no greater than 18 feet (entirely open to the public without charge); and private accessory uses not to exceed four feet in height, and fully visible from the Riverwalk such as swimming pools, patios, putting greens and other horizontal private outdoor recreational amenities in which case a transparent fence may be allowed no closer to the water than 26 feet from the bulkhead or MHWL separating the private uses from the Riverwalk easement. 4. Height Zones parallel to the Waterfront. Preservation of river views and pedestrian scale parallel to the waterfront shall be maintained. A Water's Edge Restaurant granted a zoning exception shall not be required to be calculated in the volume bonus. Adherence to the following criteria shall constitute a "safe harbor" that the intent of the Regulation has been achieved without the need for a Deviation: (a) In Zones B and C, the height of a structure, including all permanent structures and appurtenances such as roofs over rooftop bars, mechanical equipment, elevator housing, etc., shall generally be limited as provided in Table 6.2.H above, but may be increased if the goal of protecting pedestrian scale along the waterfront is achieved through alternate designs of equal or lower volume thus increasing the open space adjacent to Zone A and providing relief from a continuous development wall plane parallel to the river. The maximum buildable volume within Zone B on a given parcel (45 feet in height × 50 feet in depth x the parcel frontage width generally not to exceed 250 feet) could be used entirely within Zone B or partially or wholly transferred to Zone C, and could be used in any configuration of height and width. Likewise, the buildable volume in Zone C could also be used in any configuration of height and width or transferred wholly or in part to Zone B. By way of example, a height increase would be appropriate where the allowable building width parallel to the river (after taking into account the required view and access easements from interior roadways contained in Section 656.361.6.H.2.) is decreased and the volume of taller building within the applicable zone is equal to or less than the permitted volume within the zone had the height requirement been met. The intent is to allow flexibility for height increases in Zones B and C where public views and access are increased beyond the minimum and to encourage narrower waterfront building frontages with corresponding open space in exchange for increased height thus maintaining the goals of preserving the open feel of the adjacent Zone A and the views from and value of interior properties. (b) Furthermore, consistent with the goal of encouraging narrower buildings and greater open space adjacent to View and Access Corridors, an additional volume bonus, as depicted in Illustration 6.2.H, below, shall be available for open space in the first 75 feet of the unlimited height zone parallel and adjacent to Zone C as follows: To be eligible for volume bonus credit: (1) The full height unobstructed open space must be immediately adjacent to the View and Access Corridor(s); and (2) The open space must be a continuation and extension of open space provided in Zones A and B effectively providing a wider view to the river continuously from the riverfront to a distance of 175 feet to 250 feet off the river, (unobstructed by any building protrusion at ground level or above grade); and (3) The volume bonus shall only be available for height increase in Zone C. (4) The volume bonus shall be calculated as the width of the qualified open space that is the distance between (i) the exterior edge of the building at its widest point between the waterfront and 250 feet off the river and (ii) the adjacent View and Access Corridor (including any expansion of the corridor adjacent to the waterfront zones), multiplied by the depth of the additional open space not to exceed 75 feet (distance between 175 feet and 250 feet off the river that is to remain unobstructed) times 150 (the height that would create a continuous plane from the river through Zones B and C to a distance of 250 feet). The resulting volume may be used to increase height in Zone C. The above illustrates the Open Space Volume Bonus Zone with a constant building plane between the St. Johns River and 250′. In this instance, the bonus volume applied in Zone C is calculated at: 75′ × 75′ × 150′ = 843,750 cubic feet. Illustration 6.2.H The above illustrates the Open Space Volume Bonus Zone where the building edge in Zone C is closer to the view/access corridor than the adjacent building edges within 250′ of the St. Johns River. In this instance, the bonus volume applied in Zone C is calculated at: 45′ × 75′ × 150′ = 506,250 cubic feet. Map 6.2.H (including Volume Bonus) (c) The approval of a height increase in Zones B and/or C while maintaining the maximum volume, including any open space volume bonus, shall be administrative based upon a verification that the overall volume allowed by the maximum width and maximum height along the river pursuant to Table 6.2.H is equal to or greater than the volume proposed. Height may be transferred between Zones B and C as well as within a Zone but may not be transferred to Zone A. 5. Deviations: Except as specifically authorized in this subsection, no Deviation from 656.361.6.2.H. shall be allowed. The ability to deviate from River View Corridors, from Zone A setback or permitted uses, from Zone B and C height limitations where the volume within the Zone is increased without a volume trade as described above, and/or Riverwalk is specifically vested in the City Council. Deviations may be allowed by the City Council, following consideration and issuance of a recommendation regarding same by DDRB, if the decision is based on competent substantial evidence that the request meets all of the General Deviation Criteria contained in subsection 656.361.8.B, and in addition meets all of the criteria listed below. (a) Regarding a Deviation for Zone A Encroachment, the request meets all of the following additional criteria: (1) There is no feasible alternative for development of the site; and (2) The development provides substitute public benefits through other Urban Open Space or activated semi-private facilities, (such as restaurants, bars, museums or other similar venues open to the public and located on the frontage of the building), or publicly accessible boat slips or water taxi stops, additional public access points beyond those required, wider view or access corridors, or the like. (b) Regarding a Deviation from the requirement to provide view and/or access corridors at the specified intervals, (1) The development provides substitute public benefits through other Urban Open Space or activated semi-private facilities, (such as restaurants, bars, museums or other similar venues open to the public and located on the frontage of the building), or publicly accessible boat slips or water taxi stops, additional public access points beyond those required, wider view or access corridors, or the like; and (2) There are unique characteristics of the site that warrant the Deviation such as alternative major access points. Examples of these would include public parks just beyond the 300-foot boundary, an accessible creekfront bisecting site, or bridge structures or overpasses that would make a View Easement in the required location unnecessary, unusable or undesirable. (c) Regarding a Deviation for greater height in Zone B or C where collective volume within the Zones is increased: (1) The view and access corridors are increased above the minimum required to provide superior public access to and along the riverfront. By way of example, a height increase could be appropriate where the allowable building width parallel to the river (after taking into account the required view and access easements from interior roadways contained in Section 656.361.6.2.H.2.) is reduced resulting in a narrower waterfront building frontage with corresponding open space increased thus maintaining the goals of preserving the open feel of the adjacent Zone A and the views from and value of interior properties; and (2) The development provides substitute public benefits through other Urban Open Space or activated semi-private facilities (such as restaurants, bars, museums or other similar venues open to the public and located on the frontage of the building), or publicly accessible boat slips or water taxi stops; and (3) The building or structure shall not have a significant adverse effect upon light, air, solar and visual access of properties surrounding the proposed site or of the river; and (4) Sufficient articulation of the building or structure has occurred to respect the scale of adjacent buildings and structures; and (5) The increased height of the building or structure is necessary for the successful function of the building or structure; and (6) There are unique characteristics of the site that require the Deviation such as overpass structures, bridges, or utility easements that prevent development in some portion of Zone B or C or that require the proposed building to be elevated in order to achieve an equivalent view of the river. (d) Deviation for greater height of a free-standing waterfront restaurant than provided in Section 656.361.6.2.H.(4)(d), which shall meet at least the General Deviation Criteria. I. Creek Views and Creekfront Design. 1. Purpose and intent. It is the intent of this Section to encourage enticing views of the creeks from as many places within the vicinity of the creeks as possible, as well as to encourage building forms and massing that is respectful of the context of their surroundings and the pedestrian environment by stepping buildings up from the creeks and defining height zones as delineated hereunder to break up building form to allow views through the architecture, particularly down public rights-of-way, to discourage large undifferentiated building masses and encourage building breaks, respect the scale of the context in which development occurs, including transition between development segments or areas, and encourage a variety of roof forms. The Creekfront Zone is defined as an area 40 feet in width parallel to the top of bank or bulkhead of the creek and includes the setback and easement areas described below. 2. Requirements. (a) A minimum 25-foot wide public use easement (Creekfront Easement) shall be provided along and parallel to each side of McCoy's and Hogan's Creeks to facilitate development of the McCoy's and Hogan's Creek Linear Parks and multiuse trail system. Such easement shall be measured from the bulkhead or top of bank as it exists as of March 1, 2019 or the top of bank of the creek as relocated pursuant to the McCoy's Creek Capital Improvement project, whichever requires less of the adjacent developable lot. Developers of properties along McCoy's and Hogan's Creeks shall negotiate with the City to dedicate an easement or transfer fee title adequate in length and width to the City for a pedestrian walkway, bike path and associated landscaped areas to be funded and maintained by the City. (b) View and Access Corridors perpendicular to the creeks shall be preserved and created consistent with requirements for View and Access Corridors to the river contained in subsection 656.361.6.2.H above. (c) An average 40-foot, minimum 30-foot setback, from the creeks shall be maintained to provide views and pedestrian scale parallel to the creek frontage. Such setback shall be measured from the bulkhead or top of bank as it exists as of March 1, 2019, or from the property line of the adjacent lot, whichever is greater. No primary structures or parking facilities may be located within the setback, however non-permanent structures such as tables, chairs and umbrellas, that are completely open and accessible to the creekfront easement for use with cafes, bars and the like located outside the setback; pop-up tents and portable kiosks for retail or similar uses that are accessible to the public and not maintained in place overnight; Urban Open Space amenities such as fountains and public recreational amenities; private outdoor recreational amenities that are fully visible from the easement; and semi-private uses meeting the Urban Open Space requirements, all may be allowed within the setback outside the easement area above, provided they do not exceed 18 feet in height. 3. Deviations: The ability to deviate from these Requirements is specifically vested in the City Council. Deviations for setback encroachment may be allowed by the City Council, following consideration and issuance of a recommendation regarding same by DDRB, if the decision is based on competent substantial evidence that the request meets the General Deviation Criteria contained in subsection 656.361.8.B, and in addition meets all of the criteria listed below: (a) Regarding a Deviation for setback encroachment: (1) The development provides substitute public benefits through other Urban Open Space or activated semi-private facilities, additional public access points beyond those required, wider view or access corridors, or the like; and (2) The location and height of building or structure do not have a significant adverse effect upon light, air, solar and visual access to the creek or the linear park to be constructed within the creekside easement; and (3) The reduced setback of the structure or improvement from the creek is necessary for the successful function of the building or structure. (b) Regarding a Deviation from the requirement to provide view and/or access corridors at the specified intervals: (1) The development provides substitute public benefits through other Urban Open Space or activated semi-private facilities, additional public access points beyond those required, wider view or access corridors, or the like; and (2) There are unique characteristics of the site that warrant the Deviation such as alternative major access (view and physical access) points or major vertical infrastructure that prevents or impedes view and access. Examples of these would include public parks just beyond the 300 foot boundary that provide alternate view and access, or bridge structures or overpasses or other impediments would make an access easement in the required location unusable or undesirable. J. Rooftops. 1. Purpose and Intent. Rooftops serve a number of functions. Traditionally, they have housed mechanical equipment, elevator overruns and stair towers. Progressively, they have been integrated into sustainability strategies for buildings, utilizing green roofs and solar equipment. Roofs are now more often used for active uses as well, such as rooftop bars and restaurants, recreation space or gardening. The roof serves a utilitarian function but can also be seen as a tremendous amenity. It serves as the "fifth facade" when seen from taller adjacent buildings and becomes part of the cityscape. Use of the rooftop for activities, for sustainability, and as a positive contributor to the cityscape are all strongly encouraged. Since they "cap" the building, they have the potential to create an image on the City skyline. The creation of accessible terraces and urban open space on rooftops is encouraged, particularly to take advantage of views of surrounding features such as the St. Johns River, McCoy's Creek, and Hogan's Creek. The incorporation of "green" roofs into building design to manage stormwater runoff and reduce energy consumption is also strongly encouraged. Permanent roof structures such as mechanical equipment, elevator overruns, stair towers, and permanent roofs over bars or other areas will not count toward the height calculation except within the Riverfront Zones B and C, as shown on Table 6.2.H and Map 6.2.H. In these Riverfront Zones, the height will count toward the volume calculation. 2. Requirements. (a) All roofs shall be considered a "fifth elevation" and should strive to be visually appealing from taller and nearby buildings. (b) All mechanical equipment, appurtenances, and access areas shall be intentionally grouped and screened architecturally within fully covered enclosures consistent with the overall composition of the building. This requirement shall not apply to residential buildings where individual equipment for each unit is located on the roof, in which case the equipment shall be screened from street view and shall not exceed five feet in height unless completely enclosed. (c) For all commercial buildings, mechanical enclosures shall have a screened or louvered top to improve views from above and to provide required air circulation. (d) Independent mechanical screens shall be set back a minimum of ten feet from the building facade. (e) Large roof areas (measuring more than 10,000 square feet) are encouraged to exhibit patterns of roofing colors and materials. Roof gardens and eco-roofs can be employed to achieve these patterns. (f) Rooftop equipment enclosures shall be designed in such a manner that they not only hide rooftop equipment, but they are integrated into the design of the overall building. (g) Open railings, planters, clerestories, skylights, play equipment, parapets, and firewalls may extend up to ten feet above the maximum height limit with unlimited roof coverage. (h) Solar collectors may extend up to seven feet above the maximum height limit with unlimited roof coverage. (i) The following rooftop features may extend up to 15 feet above the building roof, as long as the combined coverage of all features listed in this subsection does not exceed 20 percent of the roof area, or 25 percent if the total includes stair or elevator penthouses or screened mechanical equipment: (1) Solar collectors; (2) Stair and elevator penthouses; (3) Mechanical equipment; and (4) Play equipment and open-mesh fencing, as long as the fencing is at least 15 feet from the roof edge. (j) The following rooftop features may extend up to a height of 50 feet above the building roof: (1) Radio and television receiving equipment; and (2) belfries or spires, together with that portion of the roof that supports them; (k) All green roofs shall be designed to permit routine maintenance and irrigation, as necessary. (l) All vertical rooftop forms, surfaces, and elements shall use high-quality cladding materials the same as, or similar to, the typical surfaces of the walls below. (m) Permanent construction canopies and roofs for rooftop bars and restaurants, recreation facilities, and cabanas shall be considered a part of the total building height. (n) Non-permanent shade canopies and umbrellas may extend up to 15 feet above the roof. (o) Rooftop swimming pools, decking, patios, and fitness equipment shall be allowed with unlimited coverage. (p) There shall be no maximum surface coverage for mechanical equipment on residential building rooftops provided such equipment is less than five feet in height. 3. Deviations allowed by the DDRB. Deviations from the following requirements may be allowed by the DDRB only if the decision is based on competent substantial evidence that deviating from the requirement meets all of the General Deviation Criteria contained in subsection 656.361.8.B and in addition meets all of the criteria listed for each requirement below: (a) As to a Deviation from the requirements for grouping and screening mechanical equipment: (1) Due to unique circumstances of the site and the building design, the rooftop regulation cannot be met; and (2) Occupants of nearby existing buildings will not be able to see the unscreened equipment from upper story windows or rooftop occupied spaces; (b) As to a request for additional height above the rooftop, the Deviation shall be evaluated on the basis of: (1) The public benefits provided; (2) Consistency with the City's land use policies; (3) The feature will be compatible with and will not adversely affect the downtown skyline; (4) The feature will not have a significant adverse effect upon light, air, solar and visual access of properties within a 300-foot radius of the subject property boundary lines; (5) The feature, supporting structure and structure below will be compatible in design elements such as bulk, profile, color, and materials. (6) The feature will not adversely affect the function of existing transmission or receiving equipment within a five-mile radius. (7) The increased size is necessary for the successful function of the feature; and (8) Due to unique circumstances of the site and the building design, the rooftop Regulation cannot be met. K. Off-Street Parking. 1. Purpose and intent: The impact of parking and service areas, both structured (parking garages) and surface lots, in downtown shall be minimized by: (a) Requiring activation of the ground level of parking structures; (b) Discouraging new surface parking of greater than six spaces visible from the right-of-way, except On-Site surface parking for residential uses; (c) Requiring the screening and landscaping of existing Accessory and On-site surface lots, pursuant to subsection 656.361.6.2.L, by July 1, 2024; (d) Locating surface parking lots and garages away from sidewalks and pedestrian connections and within projects or off service alleys; (e) Locating loading and service docks away from sidewalks and pedestrian connections; (f) Ensuring that design of parking lots minimally affect the pedestrian environment; (g) Providing active uses such as shops and restaurants on the ground floor of garages to engage pedestrians; (h) Requiring landscaping and architectural treatments to soften the appearance of surface parking lots and parking garages; (i) Promoting development of structured parking, particularly within the Central Core District; (j) Discouraging surface parking lots in all Districts except the Central Core District where they are prohibited; (k) Discouraging the demolition of existing buildings or structures to create surface parking lots; and (l) Limiting the number of surface parking spaces allowed based upon Use. 2. Requirements for Number of Spaces: (a) Minimum parking spaces required for any use Downtown: none. (b) Maximum surface parking spaces allowed: (1) Residential: equal to the minimum requirements stated in Part 6 of this Chapter 656 , (ten percent less if located within 700 feet of a transit station entrance); (2) Hotel: equal to the minimum requirements stated in Part 6 of this Chapter 656 ; (3) All other uses may have the following maximum number of spaces: (i) 50 percent of what would be required by Part 6 of the Zoning Code for the use. (ii) Within 700 feet of transit station entrance, reduce maximum by ten percent of required above. (c) Maximum number of structured parking spaces: unlimited. (d) Within the Riverfront and Creekfront Zones, the following additional parking standards shall apply: (1) Within 100 feet from the waterfront of the St. Johns River or 50 feet of a Downtown creek, surface parking other than handicap is prohibited, unless it is under a bridge or elevated roadway and is completely screened from the waterfront. (2) Drop off areas are not considered "parking." (3) Any new surface parking or parking structure is encouraged to make ten percent of the spaces at grade or on the ground floor open to the public at all times; where such public parking is available, signage shall be incorporated to indicate public parking with the big blue "P." (4) Parking spaces in any parking garage shall not front the waterway. There must be an intervening non-parking use (such as residential, hotel, office, etc.) 3. Requirements for Form of Parking areas. (a) New parking garages (public or private). (1) 50 percent of the total ground floor street frontage, not including entrances into the garage, must be activated utilizing one of the methods detailed below: (i) Non-parking active use such as retail, commercial, residential, or office use that would activate the street; or (ii) Urban Open Space with a minimum 20-foot depth, 20-foot width and 25-foot height; or (iii) A combination of non-parking active use and Urban Open Space. (2) The required minimum 50 percent activation may be achieved in the aggregate but shall not represent less than 25 percent of each street frontage. (3) Notwithstanding the foregoing, property along the Emerald Trail or within the FAB-REP boundary must provide 100 percent non-parking active use or Urban Open Space along all such street frontages less garage entrances. (4) To the greatest extent practicable, owners will strive to make 50 percent of spaces open to the public during non-business hours, of the associated business. (5) The entire vertical height of an exposed facade of a parking structure, including parking structures integrated within a larger building, shall be clad in a material architecturally compatible with the other occupied floors of the building and/or compatible with the material used to cover the exterior of the abutting building. Such material shall effectively and attractively obscure the view to the interior of all parking decks. Plants may be used to augment the screen. (6) Parking structures shall be designed such that sloping circulation bays are not expressed in the exterior treatment of the parking structure on any street frontage. (7) The design of the parking structure shall insure that parked cars are not visible from the street level, except as may be unavoidable at entrances and exits. (8) Parking structure vehicular ingress and egress shall be located on secondary streets unless there is only one frontage or traffic conditions prohibit. (9) Where the parking structure has one street frontage, this frontage shall be considered the primary street. (10) Where a parking structure has two or more street frontages, one is primary and the remaining are secondary. (11) Prior to final site plan approval of the parking structure by DDRB, the Traffic Engineer shall provide written comment to DDRB staff as to the acceptability of proposed ingress and egress for the parking structure and potential impacts on traffic. (b) New surface, or expansion of existing surface parking: (1) Prohibited in the Central Core and Southbank Districts; (2) In Districts other than the Central Core, new or expansion surface parking of more than six spaces for non-residential uses, whether Accessory or On-Site, is prohibited unless interior to the parcel and wrapped by building on the street frontage; (3) For residential use parcels, On-Site or Accessory structured parking shall meet the Requirements of 656.361.6.2.G (Transparency) and for surface parking, shall meet the Requirements of 656.361.6.2.L (Screening and Landscaping of Surface Parking, and Trash, Storage and Loading Areas); (4) In the Sports and Entertainment and Working Waterfront Districts, new or expansion of surface parking of more than six spaces for non-residential uses, whether Accessory or On-Site, is allowed so long as it is interior to the parcel and wrapped by building on the street frontage, or as otherwise approved by grant of a Zoning Exception. (c) Existing surface parking - (public or private): (1) All "Accessory" and "On-site" surface parking shall come into compliance with subsection 656.361.6.2.L, (Screening and Landscaping of Surface Parking, Trash, Storage, and Loading Areas) requirements on or before July 1, 2024. (i) Within 90 days of the adoption hereof Notice shall be provided by the Downtown Investment Authority to the owners of record of the existing surface lots impacted by this Section. (ii) Within 90 days of the adoption hereof, the Downtown Investment Authority, with the assistance of DDRB, shall update and depict graphically the applicable Screening and Landscaping requirements. (iii) Within six months from the date of adoption hereof, the Downtown Investment Authority shall develop a policy and consider the creation of a Parking Screening Grant for cases of economic hardship and to incentivize early compliance with this requirement for Accessory and On-site surface parking. (2) All existing Commercial Surface Parking Lots were required to be in compliance with the previous regulations of 656.361.16 and 656.351.17 by the year 2014, thus, to the extent that they are not in compliance, are subject to immediate Code Enforcement action. (d) Temporary Surface Parking Lots as described in Sec. 656.361.5.1 (Uses Permitted Generally: applicable to all Overlay Districts zoned CCBD) for Use Z shall not be subject to the screening and landscaping requirements below in 656.361.6.2.L. 4. Deviations allowed by the DDRB: In compliance with the Comprehensive Plan, no Deviation is allowed to authorize new surface parking in the Central Core or to increase spaces above the maximum allowed in any District within Downtown. No Deviation is allowed from the Screening and Landscaping of Surface Parking, Trash, Storage, and Loading Areas requirements applicable to new surface parking lots in Districts where such parking is allowed. Deviations from the requirements of this subsection K (Off-Street Parking) may be allowed by the DDRB only if the decision is based on competent substantial evidence that deviating from the requirement meets all of subsection 656.361.8.B (General Deviation Criteria), and in addition meets all of the criteria listed for each Deviation below: (a) As to a Deviation from the requirement to provide Urban Open Space or non-parking active use on the street frontage: (1) Due to unique circumstances of the site and the building design, this requirement(s) cannot be practicably met through any of the alternatives to activate the frontage provided herein; and (2) Some other alternative street level activation of the garage frontage is proposed which is found to have a public benefit and is sufficient to screen the parking areas as well as engage the pedestrian. (b) As to a Deviation from the restrictions on new On -Site surface parking (in Districts other than the Central Core where no Deviation is allowed): (1) The applicant can demonstrate that construction of a parking garage on site or wrapping the surface parking with a building is not feasible on the site due to site specific conditions not generally found within Downtown; and (2) There is a demonstrated shortage of available parking within a one-quarter mile radius of the site; (c) As to a Deviation from the restrictions on new Accessory surface parking (in Districts other than the Central Core where no Deviation is allowed): (1) The applicant can demonstrate that the permitted six spaces is inadequate for its needs and construction of a parking garage or location not visible from the right-of-way is not feasible; and (2) There is a demonstrated shortage of available parking within a one-quarter mile radius of the site; L. Screening and Landscaping of Surface Parking, Trash, Storage, and Loading Areas. 1. Purpose and Intent: These requirements are applicable to all new Accessory or On-Site parking lots, and new and existing Commercial Surface Parking lots. Existing Commercial Surface Parking Lots were required to be in compliance with the previous regulations of 656.361.16 and 656.351.17 by the year 2014, and shall continue to be subject to the requirements for screening and landscaping below without any phase in period. Thus, to the extent that they are not in compliance, are subject to immediate Code Enforcement action. 2. Requirements: (a) Screening for trash, storage, loading, outdoor equipment, for new and existing Accessory and On-site surface lots, and for new and existing Commercial Surface Parking Lots. Existing Accessory and On-site surface lots shall meet these standards by July 1, 2024. Existing Commercial Surface Parking Lots shall be subject to immediate Code Enforcement action. Surface parking lots of a size greater than 299 spaces are exempt from this screening fence/wall and hedge requirement. Parking lots containing 299 spaces or less shall be screened along each right-of-way line, as shown in Figure 6.2.L, below, as follows: Figure 6.2.L (1) A three-foot maximum height masonry wall, finished with stucco if smooth concrete block, with a five-foot (minimum) landscape strip with shrubs three feet in height at the time of planting and spaced appropriately for the species so that a complete hedge will be obtained within two years between the wall and the property line. Wrought iron metal picket style fencing shall be placed on top of the masonry wall no taller than three feet in height with the total fence height not exceeding six feet; or (2) Six-foot transparent wrought iron style metal fence with three-foot high shrubs, spaced at 2½ feet on center, planted in a five-foot (minimum) landscape strip between the fence and the property line; or (3) A 15-foot wide landscape area where vehicles, trash receptacles, equipment, etc. are sufficiently screened to an 85 percent opacity within two years of planting, through a combination of trees and shrubs. (b) Chain link fences are prohibited Downtown, unless used for temporary construction fencing only and the fence is covered entirely with a DDRB approved windscreen and the applicant agrees to comply with the DDRB guidelines concerning wind screen fences. All construction site fencing will meet the requirements of the DDRB wind screen regulations in all districts and will be installed on all construction sites within DIA's jurisdiction. (c) Landscaping for surface parking. Within the boundaries of Downtown, the requirements of Chapter 656 , Part 12 are hereby waived to the extent of any conflict and superseded by the following. Surface parking areas visible from the street or waterfront shall be landscaped according to the following requirements: (1) Zero to 50 spaces: Perimeter landscaping adjacent to the right-of-way shall be provided as follows: (i) A landscaped area of not less than ten square feet for each linear foot of parking lot street frontage, including driveways shall be provided. The depth of the landscape area may vary, however, at least 50 percent shall be a minimum of a five-foot wide strip. The remaining area shall be provided within 30 feet of the right-of-way; (ii) Not less than one tree on each side of a driveway accessing the parking lot shall be provided, but in no case less than one tree for each 50 linear feet of parking lot frontage, or fraction thereof, on the right-of-way; (iii) At least 50 percent of the trees planted or preserved shall be medium or large trees, as categorized in the Jacksonville Tree Commission's Approved Tree Planting List, that will provide shade for cars and pedestrians ("Shade Trees"); and (2) 51 to 299 spaces: In addition to the requirements above for Zero to 50 space surface parking lots, the following shall be provided: (i) Each row of parking shall be terminated by a curbed landscape island ("Terminal Island") with inside dimensions of not less than eight feet wide, excluding the curb, and 17 feet long for standard sized parking spaces, and 15 feet long for compact spaces; (ii) If a double row of parking spaces is planned, two Terminal Islands shall be provided; and (iii) Each Terminal Island shall contain at least one tree (two trees for a terminal island of a double row); and (3) 300 or more spaces: (i) Subject to Subpart C (Landscaping Requirements) of Part 12 (Landscape and Tree Protection Regulations) within this Chapter 656 , with the additional requirement to meet the General Criteria for Trees and Required Tree to Soil Volume Ratio stated below; and (ii) No Deviations are allowed for the requirement to provide the trees and the landscape strip along the street frontage. (d) General Criteria for Trees: (1) Tree species shall be chosen from the Jacksonville Tree Commission's Approved Tree Planting List. (2) Single trunk trees shall have a minimum four-inch caliper at the time of planting. The height may vary depending on the species of tree; (3) Multi-trunked trees shall have a minimum of three trunks and an overall height of 12 feet at the time of planting; and (4) Palms shall have a minimum 16 feet of clear trunk at the time of planting. (e) Required Tree to Soil Volume Ratio. Soil volume refers to the cubic feet of soil required for adequate root growth of a tree, generally based upon a three-foot depth. A healthy root system is one of the most critical factors enabling trees to withstand hurricane-force winds. In non-urban settings, the soil volume may be much larger due to the space available, and the lack of underground utilities and other obstructions. In an urban setting, the volumes are necessarily lessened due to the limited amount of space. The following are the minimums necessary for successful tree growth, along with other techniques such as utilization of structural soil, suspended sidewalks, root paths, and planting strips: (1) Small trees: 300 cubic feet; (2) Medium trees: 1,200 cubic feet; and (3) Large trees: 1,800 cubic feet. (4) A 25 percent reduction is allowed in the volumes when the soil is shared between trees. (f) When the capacity of any existing Accessory Parking Lot is increased for any reason, the entire lot must be brought into compliance with all the requirements in this Subpart H pertaining to same prior to the site being utilized as Accessory parking. All Accessory Parking Lots must come into compliance with these regulations on or before July 1, 2024. 3. Deviations allowed. No Deviation is allowed except as enumerated below. All Deviations must be based on competent substantial evidence that the request meets the General Deviation Criteria contained in subsection 656.361.8.B, and any criteria below. (a) No Deviation is allowed from the Screening and Landscaping of Surface Parking, Trash, Storage, and Loading Areas requirements applicable to new surface parking lots in Districts where such parking is allowed; (b) Deviations may be allowed by the DDRB for existing lots containing over 50 spaces for the perimeter fencing requirement if it can be shown that there is a substantial public benefit; and (c) Deviations for existing and new surface parking lots may be allowed by the DDRB for the planting area requirements if a suitable permeable material is provided for the irrigation of the plant material. M. Demolition and Vacant Lot Regulations. 1. Purpose and Intent: The demolition of structures not only causes a disruption in fabric of the built environment, but can also cause blight and a public nuisance. The following regulations seek to ensure that the demolition of structures is only done when necessary, and once done is replaced by a level site as aesthetically pleasing as possible until future development is accomplished on the site. 2. Requirements: (a) Prior to January 1, 2014, all undeveloped lots were to have met minimum standards including: removal of rubbish and debris; leveling the site by the removal of brick or concrete foundations, etc. and changes in grade; replacement of landscaping removed; and sodding as required by Part 4 of Chapter 320 . If a vacant lot has not been brought into compliance with this requirement, it is subject to immediate Code Enforcement action. (b) If a lot has a building, structure or use to be demolished, the lot shall also meet the minimum standards as identified below: (1) Demolition of any building or structure downtown shall be consistent with Chapter 320 , Ordinance Code. (2) In addition to the above, prior to the issuance of a demolition permit for a building or structure that is either listed on the National Register of Historic Places, is a contributing structure within Downtown's historic district, or that is designated as a landmark, the following must occur: (i) the applicant shall provide a plan for redevelopment of the property; (ii) DDRB must determine that the redevelopment plan is in compliance with the BID and CRA Plan; and (iii) DDRB must give Conceptual and Final Approval of the redevelopment project. (3) Upon the approval by DDRB of the above, and the Building Inspection Division of the demolition, issuance of a City demolition permit, completion of the authorized demolition, and removal of the materials, debris and rubbish from the site, the site shall be restored in accordance with this Section. (4) All vacant properties shall be graded to a uniform level, free of irregular surface changes. All concrete slabs, brick foundations, etc. that would prohibit the proper growth of required landscaping, shall be removed from the site. Changes in grade between the subject property and adjacent properties shall be minimized. (5) Any landscaping that is removed shall be replaced pursuant to subsection 656.361.6.2.L and as approved by DDRB. (6) The vacant lot shall have sod or grass planted on the entire vacant lot pursuant to Part 4, Chapter 320 , Ordinance Code, except those areas planted with trees and shrubs, and as approved by DDRB. (7) If the vacant lot is used for the storage of materials, equipment, etc., but not cars, the vacant lot shall meet the perimeter landscape requirements of subsection 656.361.6.2.L for lots of a size from zero to 50 spaces. (8) All vacant lots brought into conformance with this Section shall be maintained pursuant to Part 5, Chapter 518 , Ordinance Code. (9) The vacant lot shall not be used to park cars, unless it is approved as a Temporary Parking Lot by the DDRB. Such Temporary Parking Lot shall be catalogued and administered by the DDRB as to the time limits and other factors regarding its temporary nature. 3. Deviations allowed by the DDRB. All Deviations must be based on competent substantial evidence that the request meets the General Deviation Criteria contained in subsection 656.361.8.B. (a) Deviations may be allowed by the DDRB for demolition of structures if it can be shown that there are approved plans for construction redeveloping the site within 1 year. (Ord. 2019-196-E , § 6; Ord. 2022-383-E , § 1)