Sec. 656.361.6.3. - Public Realm Regulations.

The beauty and livability of a city depends greatly on the design of its streets. The character and quality of the space between the curb and the face of a building substantially impacts the way people walking in the city feel about it. Creating comfort for the pedestrian is an important way to generate positive economic activity on the street. Public sidewalks should provide a direct and continuous pedestrian network that connects blocks and buildings to each other with a clear, unobstructed pedestrian travelway that is designed to accommodate the needs of a broad range of users, including the elderly, those with disabilities, and young children. Sidewalks should be richly appointed with improvements and facilities that enhance the pedestrian experience but should avoid clutter and congestion. A. Functional Zones and Areas. The Public Realm includes the Pedestrian Zone and the Vehicular Zone, as illustrated in Figure 6.3.A, below. Figure 6.3.A Public Realm The Pedestrian Zone Requirements are intended to promote a more walkable downtown by improving pedestrian comfort, safety and convenience. The Pedestrian Zone is further divided into three functional areas. The Pedestrian Clear Area is the middle of the pedestrian zone and primarily accommodates pedestrian circulation. The Amenity Area generally is adjacent to the street and accommodates public facilities such as street trees, ground cover, permeable paving to protect trees from compaction but also allow water to penetrate to the roots, street furniture, trash cans, kiosks, lights, utility poles, and parking meters, signs, and other obstructions to pedestrian travel. These areas are typically distinguished by a change in materials, from hard materials to greenery, though in areas of high pedestrian traffic the amenity area may include less planting and more paving. The Frontage Area is adjacent to building frontages and serves as a transition area where pedestrians do not generally pass as it is directly adjacent to building features. The Pedestrian Zone functional areas are illustrated in Figure 6.3.A-2, below. Illustration 6.3.A-2 B. Pedestrian Zone (Sidewalk). 1. Purpose and Intent. The Pedestrian Zone serves several functions - circulation facility, social space, and amenity area - and must accommodate numerous features and facilities to support these functions. The widths of the Pedestrian Zone areas should vary in response to context, but Pedestrian Zone width should be distributed amongst the three areas according to the following priorities: pedestrian (highest), amenity (middle), frontage (lowest, except when activated as a sidewalk cafe). 2. Requirements for the Pedestrian Clear Area. (a) The Pedestrian Clear Area shall be a minimum of five feet in width in all areas regardless of right-of-way width. Where adequate right-of-way exists beyond the edge of the Vehicular Zone, the Pedestrian Clear Area shall be expanded to at least eight feet (six feet adjacent to permitted sidewalk cafes) prior to expanding the adjacent Amenity Area beyond the four-foot minimum or expanding the Frontage Area. When the right-of-way allows for a greater Pedestrian Zone width, the additional width may be allocated to Amenity Area, Frontage Area or Pedestrian Clear area as desired. (b) The Pedestrian Clear Area shall maintain a minimum vertical height clearance of eight feet, clear of overhanging tree limbs, protruding fixtures such as awnings, or other horizontal obstruction. (c) Transitions in width of the pedestrian clear areas shall be signaled by a transitional element. (d) Paving. Paving shall be installed in the streetscape. The type of paving, design and paving materials shall comply with the standards as set forth in the Downtown Jacksonville Streetscape Standards. Paving may be pervious in certain areas in order to accommodate street trees, as approved by a City Landscape Architect or Arborist. 3. Requirements for the Frontage Area. (a) The Frontage Area shall be a minimum of two feet in width in order to accommodate standpipes, building protrusions and ledges, etc. as well as merchandise displays, planters, art, and portable signage (e.g., menu stand). This zone may expand as desired to accommodate permitted sidewalk café and other similar uses, but only after a minimum six-foot Pedestrian Clear area has been achieved in the case of permitted sidewalk cafes, or eight-foot Pedestrian Clear area has been achieved for any other use within the Frontage Area, and a minimum four-foot Amenity Area has been provided. (b) Sidewalk cafes (See Chapter 250 , Part 8 (Downtown Sidewalk Cafes), Ordinance Code) are encouraged and shall generally be located in the Frontage Area. However, in certain situations, sidewalk cafes and other commercial activities may be allowed to occupy the Amenity Area rather than the Frontage Area or where extra wide sidewalks occur, in both the Frontage and Amenity Areas. (c) Sidewalk cafes that have more formal dining facilities (i.e., offer waiter service to their tables) or more than a single row of tables shall provide a decorative element, such as a railing, rope divider, etc., that delineates the café from the Pedestrian Clear Area. 4. Requirements for the Amenity Area. (a) The Amenity Area shall generally have a depth, as measured from the back of curb, of four feet minimum. Once the eight-foot Pedestrian Clear Area width has been accommodated, and a minimum Frontage Area has been provided, the Amenity Area may be expanded as desired, to accommodate additional trees, shade trees, street furniture and the like. Amenity Area width shall conform to adjacent properties or transitions in width from adjacent Amenity Areas shall be signaled by a transitional element. (b) In locations where right-of-way is constrained, in order to prioritize the Pedestrian Clear Area, the requirements for the Amenity Area may be reduced, undulating, or satisfied by bump-outs between on-street parking spaces provided that all required streetlights, traffic signage, trees, street furniture and other amenities are accommodated within such modified Amenity Area(s) and do not interfere with the Pedestrian Clear Area. Also, pervious paving may be allowed in both the Amenity area and the Pedestrian Clear Area to accommodate tree growth and health. (c) Vertical fixtures, furnishings, and similar elements within the Amenity Area shall be setback at least two feet from the face of the curb to avoid conflict with on-street parking in areas where on-street parking is allowed. Rights-of-way maintained by the Florida Department of Transportation shall be governed by the standards set by that agency. (d) Trash receptacles shall be located in the Amenity Area and generally placed near intersections (but beyond 20 feet from the nose of the intersection), near major building entrances, and adjacent to outdoor seating areas. (e) Each receptacle shall prevent wind and rain from entering the container, and have the option of being anchored to the pavement. (f) Newspaper racks, if any, shall be consolidated. (g) Streetlights. The type, number, and spacing of streetlights shall comply with the standards set forth in the Downtown Jacksonville Streetscape Standards and as approved by the City Engineer. (h) Street Furniture. Street furniture shall be installed in the Amenity Area where appropriate. The type, number and spacing of street furniture shall comply with the standards as set forth in the Downtown Jacksonville Streetscape Standards. (i) General Criteria for Trees. Trees shall be planted in the streetscape. The type of tree, number of trees, and spacing of trees shall comply with the following standards. To the extent that the Downtown Streetscape Design Guidelines are not inconsistent with these standards, the Guidelines shall be followed. (1) Trees and palms 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; (4) Palms shall have a minimum of 16 feet of clear trunk; (j) 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: 1200 cubic feet; and (3) Large trees: 1800 cubic feet. (4) A 25 percent reduction is allowed in the volumes when the soil is shared between trees. See the following link for more information: http://hort.ufl.edu/woody/documents/EP309.pdf. (k) Irrigation. Automatic Irrigation systems shall be installed underground to service all trees and other landscape material, and the irrigation system shall be maintained in operable condition at all times. The type and size of irrigation system shall comply with City's Land Development Regulations. An alternative to automatic irrigation may be used upon approval by a City Landscape Architect or Arborist of another method of providing water and nutrients to the tree and other plant material. (l) Inspection. Inspection of trees planted pursuant to this subsection shall occur six months after planting to ensure all trees are in healthy condition. Trees found to be in a declining condition shall be replaced within 30 days of notice thereof. If replacement is necessary, there shall be a re-inspection six months after replacement and the provisions of this subsection shall apply to the re-inspection. 5. Transit Shelter Requirements. Transit shelters shall be installed where appropriate and located within the Amenity Area. The type and design, number, spacing and location of transit shelters shall be approved by the DDRB pursuant to subsection 656.361.7 (Application and Procedure) and comply with the standards set forth in the Downtown Jacksonville Streetscape Standards to the extent that they are not inconsistent with the standards in this ordinance, and as approved by the City's Engineer, if required. The transit shelter design type shall be chosen from at least three options provided by JTA, whose design shall be in keeping with the historic character of the downtown streetscape furniture and street lights, or as approved by the JTA. Such approval by the City's Engineer, if required, shall occur before final approval of the transit shelter by the DDRB. Any changes to the transit shelter after the DDRB approval by JTA and/or the City's Engineer shall be communicated to the DDRB, and approval granted by the DDRB prior to the City's Engineer approving such changes. The following criteria shall apply: (a) The permitted transit shelter site, excluding overhangs, shall be no larger than 16 feet long by ten feet high by five feet wide, and no larger than 80 square feet in size. (b) The overhang shall have a minimum clearance of eight feet and be set back from the back of curb a minimum of two feet. (c) When a shelter is located on the street side of a sidewalk, there shall be a minimum four-foot clearance for pedestrian traffic between the front of the shelter and the nearest back of curb. (d) Transit shelters must be at least six feet from any driveway. (e) Transit shelters shall only number one per side of street per block, except the bus rapid transit stations as shown on JTA's Jacksonville BRT Phase I map, a copy which is on file with the DIA. The DDRB may approve an exception to allow more than one transit shelter per side of the street per block when it is requested by the transportation authority due to high transit ridership, safety concerns and/or it is in the best interest of the riders. (f) Transit shelters must be a minimum of ten feet from an intersection or crosswalk. (g) Transit shelters must be a minimum of six feet from any building entrance or exit. (h) Transit shelters may not obstruct any view of traffic or roadway signage. (i) Transit shelters may be illuminated with lighting that is interior to the structure and shall not interfere with the ability of vehicular users of the road to read traffic signs or see traffic signals. (j) Transit shelters shall include, at a minimum, one trash can per shelter and the trash can shall not obstruct the minimum clearance as established in subsection (c) of this Section. (k) Transit shelters and associated pull-outs that disrupt more than 50 percent of any one side of the street, per block, shall meet the Downtown Streetscape Design Standards for the side of the street, per block, that is disrupted. (l) Existing transit shelters shall not be required to meet these standards until replaced with a new transit shelter, which shall meet the requirements of this subsection. (m) Any signage associated with transit shelters and associated areas shall be subject to Chapter 656 , Part 13, Subpart B. (n) In the event that any portion of this Section, including any exception contained herein, is declared invalid, unenforceable, unconstitutional or void, or is permanently enjoined, or if the existence of any provision of this Section would result in any other portion of this Chapter or Chapter 326 or Article 23 of the Charter being held to be invalid, unenforceable, unconstitutional or void, and the court does not sever such invalid portion of this Section, then the invalid portion of this Section is repealed and invalid and thereafter no signs of the type included within the exemption shall be erected without compliance with the remainder of this Chapter and this Ordinance Code. It is the specific intent that the invalidity of any portion of this Section shall not affect any other section, subsection, paragraph, subparagraph, sentence, phrase, clause or word of this Chapter, Chapter 326 , Article 23 of the Charter, or this Ordinance Code. (o) Streetscape maintenance agreement. At the time of issuance of a certificate of occupancy, all property owners constructing streetscapes shall be required to execute a maintenance agreement or other similar agreement, in a form acceptable to the City, in which the property owner agrees to (a) maintain and repair all elements of the streetscape when needed, unless the City determines it will maintain and repair the streetscape improvements, and (b) comply with the provisions of Part 5 of Chapter 518 . 6. Deviations. 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 width requirements of the Areas will only be allowed only if such use and facilities enhance the overall quality of the Public Realm and do not impede pedestrian traffic or conflict with access to on-street parking. C. Pedestrian Protection from the Elements. 1. Purpose and intent: In the urban environment and our climate, it is essential to provide pedestrians with protection from sun and rain. Building designs should incorporate features that provide pedestrian shelter from the elements to the greatest extent possible. Protection may come in the form of structures such as overhangs, canopies and awnings, or from shade trees on-site or in the Streetscape. Illustration 6.3.C Awnings 2. Requirements for shade. (a) There shall be shade provided for at least 40 percent of the Public Realm Pedestrian Zone associated with each new development, such percentage coverage to be measured from the right-of-way line to two feet interior of the face of the curb. Existing street trees may be used in this calculation. (b) If shade trees are provided, they must meet the definition, pervious surface requirement, and pruning restrictions as contained in Chapter 656 (Zoning Code) Part 12 (Landscape Code), and must reach the percentage shade coverage requirement within 5 years. (c) If Crape Myrtles are used, hat-racking is prohibited. (d) In the absence of existing street trees that provide shade in the public right-of-way, the adjacent development shall: (1) Incorporate building projections into the right-of-way, roof overhangs, awnings and similar protections from rain, located between eight and 20 feet above grade to provide a minimum 40 percent shade along the frontage; or (2) The development shall install trees within the right-of-way to produce 40 percent shade within five years of the issuance of the Certificate of Occupancy. The developer shall consult with the City Arborist for the appropriate tree species for the location and provide the appropriate planting area and soil amendments and structure; or (3) A combination of (1) and (2), above. 3. Requirements for Protection from the elements. (a) Protection from the elements, which may include trees or structural features shall be incorporated in new development and in any major renovation of an existing building that alters the exterior of existing building. (b) Awnings, arcades, recessed entry doors, or other structural elements that provide shade from the sun and protection from the rain shall be provided over all doors. (c) In order to accomplish protection from the elements, portions of a building or structure such as: awnings, balconies, structural elements, overhangs and cantilevered shelters, may be allowed to extend over or into the public right-of-way to within two feet of the curb, subject to the approval of the Director of the Public Works Department, as shown in Figure 6.3.C, below, and subject to compliance with the following: Figure 6.3.C (1) The minimum vertical clearance between the established grade of the public right-of-way and the underside of the encroaching structure is at least eight feet. (2) Supporting columns will be permitted within the Pedestrian Zone when the grade level floor of the structure is set back a distance equal to or greater than the Pedestrian Zone area lost to the supporting columns, as shown in Figure 6.3.C above. This requirement shall not apply in the case of an existing building where an addition or alteration may result in the necessity to locate supporting columns within the Pedestrian Zone. (3) A Pedestrian Zone consistent with the Public Realm regulations is provided. (4) Structures built over the public right-of-way shall not interfere with any element of the streetscape including, but not limited to, lighting, landscaping, and pedestrian circulation. (5) The structure extension has been reviewed, with due consideration to public right-of-way width, above ground and underground utilities (including the need for overhead crane access to underground transformers), pedestrian views or visibility, and adjacent structures. (d) Buildings or structures may provide awnings, arcades or other structural elements that provide shade from the sun and protection from rain, etc., over windows and other transparent elements, subject to the requirements of this Section. 4. 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) Regarding Shade: If it can be shown that due to the height and orientation of the building that shade will be provided on the sidewalk between noon and 6:00 p.m. without the addition of trees or other shade features; (b) Regarding Protection from the rain: Entrance porticos, awnings or similar features are architecturally incompatible, and an alternate compatible accommodation is proposed. D. Vehicular Zone. 1. Pedestrian skywalks (over street connections) between buildings are prohibited unless they connect two properties under the same ownership and use and are essential to such use. Examples of essential uses would be public health uses such as hospitals or public services such as mass transit stations. Any proposed skywalk shall be shown on schematic site plans for evaluation. The DDRB shall consider the total impact of the skywalk and its appropriateness to the site and surrounding area including, but not limited to, its effect on shadowing, lighting, transparency, view corridors, and other features of public or private property. DDRB review and approval of the preliminary schematic site plans is required under Section 656.361.9 , Ordinance Code, prior to applying for additional approval. After all other required approvals are obtained, the final schematic plans shall be submitted to DDRB for review and approval prior to construction. E. Grid Pattern. 1. Purpose and Intent: The layout of downtown shall maintain the traditional block patterns with a grid of streets, develop currently unopened streets thus minimizing the creation of long distances between vehicular and pedestrian access points, and by requiring new large development proposals to respect the existing downtown street pattern. All buildings, structures and roadway construction shall meet the following criteria: 2. Requirements: (a) All new construction of buildings and structures and rehabilitation of existing buildings and structures shall respect the existing downtown street pattern. (b) No closures of right-of-way will be allowed, unless it can be shown to the satisfaction of the DDRB and ultimately the City Council, that the public benefits significantly outweigh the negative impacts on the downtown traffic network. (c) No existing public right-of-way, opened or unopened, which leads to or toward the riverfront as shown on the Riverfront Zones Map, as shown in Figure 6.2.H, may be closed, vacated, or visually blocked unless a superior alternate public access and/or view corridor is provided. "Superior" in this circumstance would be providing a view corridor that is longer or wider than the right-of-way being closed. 3. Deviations allowed: The ability to close or vacate a right-of-way or deviate from this Regulation is specifically vested in the City Council. (a) No existing public right-of-way, opened or unopened, which leads to or toward the riverfront as shown on the Riverfront Zones Map, as shown in Figure 6.2.H, may be closed, vacated, or visually blocked unless a superior alternate public access and/or view corridor is provided. "Superior" in this circumstance would be providing a view corridor that is longer or wider than the right-of-way being closed. (b) Closures of other Downtown streets and Deviations may be allowed by the Council 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 the public benefits significantly outweigh the negative impacts on the downtown vehicular and pedestrian mobility network. In order to determine that the public benefits of the closure(s) significantly outweigh the negative impacts, a positive finding, based on substantial competent evidence, must be made on each of the following criteria as consistent with the BID Plan: (1) The proposed closure(s) will not be detrimental to the public health, safety and welfare; (2) Pedestrian access is provided and maintained through the proposed development; (3) The altered vehicular or pedestrian circulation pattern will provide a more user-friendly transportation route, for both vehicles and pedestrians, and improved corridors by enhanced streetscape improvements; and (4) If the closure is to vehicular traffic only and a pedestrian promenade or multi-use path remains, the proposed building(s) and structure(s) will face the right-of-way with pedestrian access from those rights-of-way available to the general public. (Ord. 2019-196-E , § 6)