Sec. 656.399.8. - Limitations on administrative deviations.

Owners of property within the Zone may apply for an administrative deviation pursuant to Section 656.109 of the Zoning Code subject to the following additional requirements: (a) Compatibility Demonstration. In order for an administrative deviation application to be considered, the applicant must first demonstrate by competent, substantial evidence made a part of the application that the proposed development will as a threshold matter be compatible with the adjacent properties. Estimates of roof pitch and building height will be accepted where there is not a sufficient record of same contained in the Historic Properties Survey of the San Marco Area of Jacksonville prepared by Historic Properties Associates, Inc. and dated April 1990 (the "Historic Survey") for adjacent properties. An application for administrative deviation will be considered where an application achieves a minimum of seven points on the following matrix/schedule by favorable comparison to the greater number of adjacent properties defined as those lots or lands that abut the property for which the deviation is sought and except that compatibility related to architectural style shall be determined by reference to the Historical Survey. Further, the Zoning Administrator or his or her designee may consider additional properties within the street frontage to be "adjacent" if there exists an insufficient number of abutting properties. Alternatively, the Zoning Administrator may find an application demonstrates sufficient compatibility by proposing creative solutions to lot-oriented issues or problems which maintain the historical scale, rhythm, style and character of the area and carry out the purposes of this Subpart M even though the strict requirements of the following compatibility matrix/schedule cannot be met: Compatibility Matrix/Schedule Proposed Standard Comparison to Adjacent # Points Structure height: = < 2 Lot coverage: = < 2 Structure width: = < 1 Roof pitch (w/5): Similar 1 Roof type: Similar 1 Garage location/orientation: Similar 1 Window configuration: Similar 1 Architecture (materials, design, style, etc.):* Similar 1   *as per the Historical Survey (b) Limitations on administration deviation standards. For each type of development and standard listed hereafter, administrative deviations may be sought subject to the applicable minimums, maximums, additional criteria and other limitations: (1) Single-family dwelling development. Standard Deviation Limit Front yard setback: 25 feet within any RLD zoning district and 20 feet in all others, or the average of adjacent properties, whichever standard provides the largest yard area. Rear yard setback: No deviation allowed, unless specified in Sec. 656.399.7 . Side yard setback: No deviation allowed except three feet for utilities and equipment such as air conditioning units that are less than four feet in height. Detached structure setback/height limits: A detached accessory structure may not be located closer than one foot from a rear and/or side lot line, unless specified in Sec. 656.399.7 , and may not exceed the height of the applicable primary structure.   (2) Multiple-family dwelling development. Standard Deviation Limit Front yard setback: In Subzone, 20 feet, and in Overlay Zone, 10 feet, or average of adjacent properties, whichever provides for the largest front yard Rear yard setback: Five feet for primary structure and three feet for a detached accessory structure that is 15 feet or less in height Side yard setback: Five feet Maximum building height: The height may be increased by one foot per three-foot increase in all required yards   (3) Commercial/nonresidential development. Standard Deviation Limit Rear yard setback: Zero feet within the Subzone so long as rear alley access exists, otherwise not allowed Maximum building height: The height may be increased by one foot for each three feet increase in all required yards   (c) Limited number of deviations. In any 365-day period, no deviation may be granted relaxing more than three of the standards listed above and no more than two such standards may be relaxed where one relates to lot coverage. (Ord. 2004-1105-E, § 1; Ord. 2015-834-E , § 2)