Sec. 656.399.64. - RA/CRA Zoning Overlay Administrative Deviations.

A. Administrative Deviation requests heard by Zoning Administrator. Pursuant to Sec. 656.101 , Ordinance Code, an Administrative Deviation may be granted by the Zoning Administrator, after due notice and hearing, for a relaxation of certain Zoning Code requirements. Notwithstanding items for which deviations may be allowed in other areas of Jacksonville, within the Renew Arlington Zoning Overlay, the Zoning Administrator may allow deviations for the following: 1. Reduce minimum Lot area, unless the property is a High Intensity Use as described in this Zoning Overlay; however, if the use is an auto service facility existing as of July 1, 2019, such facility may apply for an Administrative Deviation for Lot area. In order to obtain said Deviation, the applicant must show that the facility is in compliance with the other provisions of the Zoning Overlay such as, but not limited to, fencing, landscaping, building placement and screening of stored vehicles; 2. Reduce required yards; 3. Reduce the minimum number of required off-street parking spaces, so long as the landscaping requirements of this Zoning Overlay are fully met; 4. Reduce the minimum landscaping requirements; 5. Increase the maximum lot coverage; 6. Adjust required driveway aisle widths, parking stall dimensions, and allow tandem parking; 7. Consider on-street parking to meet parking requirements; 8. Increase the allowable maximum height of structures, including fences, but not signs; 9. Increase the maximum number of off-street parking spaces so long as the landscaping is not also reduced, and either a professional study indicating that more spaces are warranted is performed and approved by the Department, or the request is consistent with the current edition of the ITE parking Generation Manual; and 10. Decrease Lot width so long as at least 80 percent of the existing context development pattern is similar. B. Review. In order to approve a Deviation, the Zoning Administrator must find in the affirmative for each of the RA/CRA Zoning Overlay Deviation Criteria below and report on the balance between the interest of the public, the property owner, and the community. C. RA/CRA Zoning Overlay Deviation Criteria. 1. There are extraordinary or special conditions affecting the land involved such that strict application of the provisions of this Zoning Overlay will have a material negative impact on the viability of the business, or unreasonably restrict the utilization of the property, both existing as of July 1, 2019; 2. There are unique site characteristics such as parcel shape, location, existing utility easements, etc. that prevent development consistent with the Zoning Overlay Regulations; 3. Granting the deviation would not substantially conflict with the intent of this Zoning Overlay; 4. The proposed deviation will not diminish property values in the area surrounding the site and will not interfere with or injure the rights of adjacent properties, but would accomplish an additional public benefit; 5. The unique circumstances on the property, existing as of July 1, 2019, were not created by the owner of the property, and the need for the deviation is not based on a change of use or intensification of use. 6. The requested relief is the minimum adjustment necessary. 7. Granting the deviation will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area, or to the City in administering this Overlay. D. Appeals of Zoning Administrator's Decision on Administrative Deviation. Appeals from the decision of the Zoning Administrator on a property within the RA/CRA Zoning Overlay Area shall not be to the Planning Commission, but rather to the City Council. 1. Standing. The Applicant or any other adversely affected person may appeal a final written decision of the Zoning Administrator. 2. Notice. Notice of Appeal shall be provided to the Legislative Services Division within 14 days of the effective date of the written decision, and shall be accompanied by a filing fee as found in www.coj.net/fees , together with a notification fee for each required notification. The Notice of Appeal shall be in a form created by the Planning and Development staff in consultation with the Office of General Counsel. 3. Standard of Review. The Council's review of the appeal shall be a de novo review, without giving deference or weight to the decision of Zoning Administrator. The Council shall have the benefit of the record below and may include the same in its review as well as applicable law and additional testimony and evidence. The record shall include all evidence and testimony presented to the Zoning Administrator. The Council may affirm, reverse or modify each written decision or it may remand the matter back to the Zoning Administrator with specific instructions for further action, by adopting a written order. 4. Procedural Matters. The Council shall have the authority to: a. Accept briefs and other papers to be filed on behalf of any party, provided all papers are submitted at or prior to the Land Use and Zoning public hearing; b. Hear oral argument on behalf of any party; c. Adjourn, continue, or grant extensions of time for compliance with these rules, whether or not requested by a party, provided no requirement of law is violated; d. Dispose of procedural requests or similar matters including motions to amend and motions to consolidate; e. Keep a record of all persons requesting notice of the decision in each case; f. Grant withdrawal requests by the appellant; and g. Enter into settlement agreements regarding the matter appealed, so long as there is no financial impact to the City. h. Individually view the property which is the subject of the appeal. i. Adopt appellate procedures similar to the procedures outlined in Sections 656.141 and 656.142 , Ordinance Code 5. Decision. The Council may affirm or reverse each written decision, or it may remand the matter back to the Zoning Administrator with specific instructions for further action. The Council's decision shall be reduced to writing and shall become effective upon filing the decision with Legislative Services. E. Appeal of City Council decision to the Courts. The decision of the City Council constitutes the final agency action of the City of Jacksonville relative to the request. These decisions may be challenged by any person with standing as authorized by State law. F. Return of fees and notice cost. If the Administrative Deviation is approved upon appeal to either the City Council or Court, the property owner is entitled to the return of the City filing fee and notice costs for the appeal from the agency or division collecting the fees. (Ord. 2019-879-E , § 2; Ord. 2022-220-E , § 2; Ord. 2024-699-E , § 5)