CERTIFICATES OF USE

Jacksonville Ordinance Code tit. XVII, ch. 656, pt. 1, subpt. E

in effect

Jacksonville Ordinance Code § 656.151 Certificates of Use.

Sec. 656.151. - Certificates of Use. (a) No structure or demised premises, as defined in Section 656.1601, other than a single family residence or duplex, shall be used or any existing use enlarged, or any new use made of any land or structure, without the owner, or tenant if applicable, first obtaining a certificate of use from the Department. Said certificate of use shall be required for each individual business and each multi-family building located within the City. Notwithstanding any ordinance to the contrary, and notwithstanding any prior legal status of any multi-family residence and business, any new multi-family residence or new business, or any changes in use, expansion of square footage occupied, or the inclusion of additional uses after May 29, 2006, will require a certificate of use. A certificate of use review, pursuant to Section 656.153 below, shall not be required in connection with changes in name or ownership, provided that the use is the same before and after such change in name or ownership. This provision does not apply when the change in name or ownership occurs with alterations or changes to the use of the property. In addition, this provision does not apply to businesses that are regulated by State law and are required to obtain licenses in the name of the license-holder. In the case of a business name change or a change in ownership, the certificate of use shall be filed to reflect the new name of the business or change in ownership. For businesses that require a change in business name or ownership and are currently exempt from the certificate of use requirement, so long as there have been no alterations or changes to the use of the property, the business shall only be required to obtain a certificate of use that will be placed on file, without the necessity for a review pursuant to Section 656.153 below. (b) The issuance of a certificate of use shall not require a structure or demised premises to be retrofitted or brought into compliance with the current building code unless required by State law or Subpart C, Part 12, Chapter 656, Ordinance Code, or there is substantial alteration within the demised premises or substantial alteration, including new construction of the existing structure. The City shall have the right to periodically inspect a structure or demised premises at any reasonable time to ensure the existence of a current and valid certificate of use, and to ensure compliance with applicable zoning regulations, Florida Building Code, Florida Fire Prevention Code, solid waste regulations, and all applicable local and State regulations and other terms under which a certificate of use was issued. (c) A certificate of use shall cover all uses contained within a structure or a demised premises permitted on the land. All uses that are consistent with those permitted in the certificate of use shall not require separate certificates of use. A new certificate of use will be required for all uses inconsistent with the uses permitted under a certificate of use. (d) No certificate of use shall be utilized in a manner contrary to the regulations contained within the Ordinance Code. (e) It shall be the duty of all officers and inspectors of the Building Inspection Division, the Municipal Code Compliance Division, Fire Prevention Division, Planning and Development Department, Solid Waste Division, and law enforcement officers, to report to the Director any apparent violation of this Subpart. (Ord. 2005-1355-E, § 3; Ord. 2014-724-E, § 2; Ord. 2022-766-E, § 1)

Jacksonville Ordinance Code § 656.152 Certificate of use application and fee.

Sec. 656.152. - Certificate of use application and fee. (a) An application for a certificate of use shall be filed with the Department. The Director is authorized and directed to establish a certificate of use application form, which shall contain the following information: (1) Applicant's name, address, phone number and email address; (2) Applicant's business name, address, phone number and email address; (3) The previous use of the structure or demised premises, if known; (4) The proposed use of the structure or demised premises; (5) Occupant capacity of the structure or demised premises; and (6) Square footage of the structure or demised premises. (b) The fee for a certificate of use is as found in www.coj.net/fees. An applicant for a certificate of use shall pay the fee to the Department upon receipt of the certificate of use, and subject to the Annual Review of Fees provision found in Section 106.112, Ordinance Code. (Ord. 2005-1355-E, § 3; Ord. 2010-216-E, § 10; Ord. 2017-318-E, § 12; Ord. 2017-665-E, § 29; Ord. 2022-766-E, § 1)

Jacksonville Ordinance Code § 656.153 Certificate of use review.

Sec. 656.153. - Certificate of use review. The Building Inspection Division shall review each certificate of use application for any new uses, changes in use, expansion of square footage or inclusion of new uses, for compliance with the Florida Building Code, and Part 12 and Part 13 of Chapter 656, Ordinance Code. The Fire Prevention Division shall review each certificate of use application for any new uses, changes in use, expansion of square footage or inclusion of new uses, for compliance with Chapter 633 of the Florida Statutes and Chapter 420, Ordinance Code. The Planning and Development Department shall review each certificate of use application for any new uses, changes in use, expansion of square footage or inclusion of new uses, for compliance with Chapter 656, Ordinance Code. The Zoning Administrator shall issue a certificate of use for any new uses, changes in use, expansion of square footage or inclusion of new uses, upon a positive recommendation from each department, however in the event there is a question as to the legality of a use, the Zoning Administrator may require inspections, affidavits and such other information the Zoning Administrator may deem appropriate or necessary to establish the legality of the use, before a certificate of use will be issued. Promptly after determining that additional inspections, affidavits and other information is necessary, the Zoning Administrator shall provide written notice to the applicant itemizing same. Such notice shall include all requirements known by the Zoning Administrator at the time of providing notice. If inspections of the structure or demised premises are needed, such inspections or reviews shall occur within ten business days and the City shall aspire to complete any subsequent inspection required for additional information to obtain a certificate of use approval within ten additional business days, or as soon thereafter as practical. Contemporaneous with the filing of an application for certificate of use, the applicant shall provide a current fire inspection report to the Zoning Administrator, if available. The Zoning Administrator shall not issue a certificate of use for any new use, change in use, expansion of square footage or inclusion of new uses prior to final written approval (including by electronic means) of the Building Inspection Division, Fire Prevention Division, and Planning and Development Department as to their relevant portion of review. In addition, a conditional approval of a certificate of use may be granted by the Zoning Administrator, where State and local law allows, pending receipt of any additional inspections, affidavits, and other necessary information, if the Zoning Administrator has provided written notice to the applicant itemizing same. Such conditional approval shall be valid for a period not to exceed 90 days plus any extension(s) granted by the Zoning Administrator, which shall not be unreasonably withheld. Failure to permit inspection of the premises shall be grounds for denial of an application for a certificate of use or revocation of an existing certificate of use. (Ord. 2005-1355-E, § 3; Ord. 2014-724-E, § 2; Ord. 2022-766-E, § 1)

Jacksonville Ordinance Code § 656.154 Annual renewal of certificate of use.

Sec. 656.154. - Annual renewal of certificate of use. Except for certificates of use required to be renewed annually by the Ordinance Code, or by any zoning exception, variance, waiver, or administrative deviation, certificates of use shall remain valid for an unlimited time unless revoked for cause. (Ord. 2005-1355-E, § 3; Ord. 2022-766-E, § 1)

Jacksonville Ordinance Code § 656.155 Exemptions.

Sec. 656.155. - Exemptions. In addition to those uses identified in Section 656.151, the following uses do not require certificates of use: (a) Auctioneer as defined by Section 250.101, Ordinance Code; (b) Downtown sidewalk vendor as defined by Section 250.101, Ordinance Code; (c) Home occupation; (d) Peddler as defined by Section 250.101, Ordinance Code; (e) Sidewalk vendor as defined by Section 250.101, Ordinance Code; (f) Street vendor as defined by Section 250.101, Ordinance Code; and (g) Transient merchant as defined by Section 250.101, Ordinance Code. (Ord. 2005-1355-E, § 3; Ord. 2022-766-E, § 1)

Jacksonville Ordinance Code § 656.156 Appellate procedure for denial of a certificate of use.

Sec. 656.156. - Appellate procedure for denial of a certificate of use. In the event the Zoning Administrator determines to deny any application for a certificate of use, the Zoning Administrator shall provide the applicant written notice of said denial, along with the reasons for said denial and any written documents pertaining to the denial. Said notice of denial shall afford the applicant an opportunity to appear before the Building Codes Adjustment Board and is subject to the procedures set forth in Chapter 56, Ordinance Code. (Ord. 2005-1355-E, § 3; Ord. 2014-724-E, § 2; Ord. 2022-766-E, § 1)

Jacksonville Ordinance Code § 656.157 Revocation or suspension of a certificate of use.

Sec. 656.157. - Revocation or suspension of a certificate of use. The Director is authorized to suspend or revoke a certificate of use for cause. The following constitute adequate grounds for the Director to suspend or revoke a certificate of use: (a) The certificate holder has failed to disclose or has misrepresented a material fact or information required by this Chapter in the application; (b) The certificate holder, as part of the certificate holder's business activity within the City, is engaged in conduct that is detrimental to the public health, welfare or safety of the City; (c) The certificate holder does not engage in the use described in the application or has changed the use without authorization through approval of a new certificate of use for the changed use, as required herein; (d) The certificate holder is conducting business from premises that do not possess a valid and current certificate of occupancy as may be required by City, County and State laws; (e) The certificate holder has been convicted of violations of City, County or State regulations or law (including civil violations), on three or more separate occasions in less than five years for activities occurring at the certificate holder's premises; (f) In the event of a conviction of any owner, operator, manager, supervisor, or any employee acting at the direction or with the knowledge of the owner, operator, manager, or supervisor, by a court of competent jurisdiction, for the violation of any criminal statute committed in conjunction with the business operation; (g) The certificate holder has violated any provision of this Chapter and has failed or refused to cease or correct the violation within 30 days of receipt of notification thereof or the building or structure has been condemned as an unsafe structure on more than three occasions over a two year period; (h) The certificate holder, as part of their business activity within the City, has used the premises or knowingly lets, leases or gives space for unlawful gambling purposes; (i) The certificate holder, within the preceding five years in this State or any other state or in the United States, has been adjudicated guilty of or forfeited bond when charged with soliciting for prostitution, pandering, letting premises for prostitution, keeping a disorderly place, or illegally dealing in, manufacturing or processing of narcotics; (j) The premises have been condemned by the local health authority for failure to meet sanitation standards or the premises have been condemned by the Municipal Code Compliance Division, Building Inspection Division or the Fire Prevention Division because the premises are unsafe or unfit for human occupancy; (k) The certificate holder's premises have been found to constitute a public nuisance pursuant to F.S. §§ 823.01, 823.05, 823.10, or 823.13; or Chapter 672 (Public Nuisance Abatement Board), Ordinance Code; (l) The certificate holder has failed to satisfy any fines or administrative fees imposed pursuant to Chapters 91 or 609, Ordinance Code. (Ord. 2014-724-E, § 2; Ord. 2022-766-E, § 1)

Jacksonville Ordinance Code § 656.158 Procedure for suspension or revocation; appeal of suspension or revocation of a certificate of use.

Sec. 656.158. - Procedure for suspension or revocation; appeal of suspension or revocation of a certificate of use. In the event the Director determines there are sufficient grounds to suspend or revoke a certificate of use, the Director shall provide the applicant written notice of said suspension or revocation, along with the reasons for said suspension or revocation and any written documents pertaining to the suspension or revocation. Said notice of denial shall afford the applicant an opportunity to appear before the Building Codes Adjustment Board and is subject to the procedures set forth in Chapter 56, Ordinance Code. (Ord. 2014-724-E, § 2; Ord. 2022-766-E, § 1)

Jacksonville Ordinance Code § 656.159 Application of other laws.

Sec. 656.159. - Application of other laws. A certificate of use issued under this Chapter does not waive or supersede other City or County ordinances or State or federal regulations or laws; does not constitute City approval of any particular business activity or manner of conducting a business activity; and does not excuse the taxes with other City, County, State and federal regulations, ordinances and laws applicable to any business and may not be used in any manner as a defense to any enforcement action. All application materials prepared under this Chapter shall so state. The approval of the certificate of use by the Zoning Administrator and any reviewing agency shall not authorize or legalize in any manner a violation of City, County, State or federal ordinance, regulation or law. (Ord. 2014-724-E, § 2)

Jacksonville Ordinance Code § 656.160 Posting of certificate of use.

Sec. 656.160. - Posting of certificate of use. Any person conducting a business for which a certificate of use is required by this Chapter shall post the certificate of use in a conspicuous place in or about the place of business where it may be seen upon inspection by any official of the City. Failure to do so shall constitute a violation of Chapter 609, Ordinance Code. If a certificate of use is lost or stolen, a duplicate certificate of use may be issued by the Zoning Administrator, provided that a duplication fee shall be charged for each duplicate certificate of use. (Ord. 2014-724-E, § 2)

Jacksonville Ordinance Code § 656.161 Penalties for failure to comply with requirements of a certificate of use.

Sec. 656.161. - Penalties for failure to comply with requirements of a certificate of use. In addition to the remedies available pursuant to Section 656.111, Ordinance Code, any person who shall violate a provision of this Subpart, or fails to comply therewith, or with any of the requirements thereof, shall upon conviction thereof in County Court, be punished by a fine not to exceed $500 or by imprisonment in the County Jail for not more than 60 days, or both such fine and imprisonment. Any person or entity that violates or fails to comply with this Subpart shall also be subject to fines in accordance with Chapter 609, Ordinance Code. Each day of violation or noncompliance shall constitute a separate offense. (Ord. 2014-724-E, § 2)

Jacksonville Ordinance Code § 656.162 Penalty for failure to obtain a certificate of use.

Sec. 656.162. - Penalty for failure to obtain a certificate of use. (a) In addition to the penalties provided for in Section 656.111, Ordinance Code, and Section 656.161 above, whenever the Municipal Code Compliance Division determines that a person or entity is operating a business without a certificate of use when one is required under this Subpart, the Chief of the Municipal Code Compliance Division may issue a notice of violation as provided herein to the owner of the property (and the tenant, renter or lessee if applicable), hereinafter referred to as the "alleged violator," stating that they have 30 days from receipt of the notice to correct the violation and submit a completed application for certificate of use, as determined by the Planning and Development Department. The notice of violation shall also state the ramifications for failing to comply with the notice of violation, which may result in a cease and desist order from the Municipal Code Compliance Division, which may be accompanied by an order to terminate electrical power from the Building Inspection Division if the continuation of the illegal use will endanger the public health, safety or welfare. The notice shall be mailed by certified or express mail or hand delivered to each alleged violator as shown by the public records of Duval County and shall also be mailed to any owner's agent if such agent's name and address is on file in the Property Appraiser's Office as shown on the latest tax roll. (b) If after the 30 days from receipt of the notice of violation, the alleged violator has not complied with the notice of violation and has not submitted a completed application for certificate of use, the Chief of the Municipal Code Compliance Division shall issue a cease and desist order to cease business operations, which may be accompanied by an order to terminate electrical power from the Building Inspection Division if the continuation of the illegal use will endanger the public health, safety or welfare, until a certificate of use is obtained. The cease and desist order shall also include a statement of the particular code violation(s) and detail the appeal mechanisms available to the alleged violator. (c) The cease and desist order may be contested upon appeal of such determination within five days of receipt by submitting a request to a Special Magistrate. The hearing shall be held within ten days as provided in Chapter 91, Ordinance Code. After hearing evidence, the Special Magistrate may quash the cease and desist order (and order to terminate electrical power if applicable) or may continue the order(s) in effect. (d) The Special Magistrate shall issue his or her ruling on the same day that the hearing is held and the final order shall be effective as of that date. Upon entry of the final order, a copy of the Special Magistrate's decision shall be mailed to the parties by certified U.S. mail. The Special Magistrate's determination shall be the final action of the City and the affected party shall thereafter have any remedies available at law. (Ord. 2014-724-E, § 2; Ord. 2015-836-E, § 2)

Jacksonville Ordinance Code § 656.163 Injunctive relief; enforcement.

Sec. 656.163. - Injunctive relief; enforcement. Any person who violates a provision of this Subpart or a written order promulgated under this Subpart is subject to injunctive or other equitable relief to enforce compliance with or prohibit the violation of this Subpart. The Director of Planning and Development is hereby authorized to institute actions on behalf of the City in any court of competent jurisdiction in this State to seek enforcement of this Subpart and all remedies for violations thereof. (Ord. 2014-724-E, § 2)

Source: City of Jacksonville, Ordinance Code and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/jacksonville/codes/code_of_ordinances?nodeId=TITXVIILAUS_CH656ZOCO_PT1GEPR_SPECEUSFetched: 10/27/2026