RESIDENTIAL ENCLAVE OVERLAY ZONES

Jacksonville Ordinance Code tit. XVII, ch. 656, pt. 3, subpt. J

in effect

Jacksonville Ordinance Code § 656.370 Legislative findings and intent.

Sec. 656.370. - Legislative findings and intent. The Council finds and determines that: (a) The Future Land Use Element of the City of Jacksonville 2010 Comprehensive Plan includes the following policies pertaining to residential enclaves: Policy 3.1.3. The City shall, through studies conducted by the Department, identify areas in the City meeting the criteria for residential enclaves as defined in this element and subsequently protect these areas from premature fragmentation by intrusive nonresidential uses. Policy 3.1.4. The City shall allow expansion of residential uses within identified residential enclaves, and permit renovation and reconstruction of existing structures in the these areas. Policy 3.2.19. Residential uses shall be classified as nonconforming uses within industrially designated areas, except in the case of designated residential enclaves as defined in this element. (b) It is the intent of the Council to implement the goals, objectives and policies of the 2010 Comprehensive Plan, including the above policies, through the adoption of this Subpart J, and the provisions hereof are intended to be the minimum necessary to accomplish such policies. (c) The requirements, procedures and criteria established in this ordinance are necessary for the health, safety and welfare of the citizens of the City of Jacksonville. (d) It is the intent of the Council to protect existing residential enclaves that meet the criteria established in this ordinance. (Ord. 93-261-143, § 1)

Jacksonville Ordinance Code § 656.371 Declaration of policy.

Sec. 656.371. - Declaration of policy. Based on the findings made in Section 656.370 above, the Council hereby declares it to be the policy of the City to protect existing residential enclaves in nonresidentially designated areas from premature fragmentation by intrusive nonresidential uses. Residential uses occurring within designated residential enclaves, pursuant to the criteria established herein, shall be considered conforming uses. Owners of residential structures located in such designated residential enclaves shall be allowed to renovate or reconstruct those structures and new residential structures may be constructed on lots of record located therein pursuant to the procedures set forth herein. (Ord. 93-261-143, § 1)

Jacksonville Ordinance Code § 656.372 Purpose.

Sec. 656.372. - Purpose. The policies contained in the Future Land Use Element of the 2010 Comprehensive Plan provide that the Planning and Development Department shall establish criteria to identify those residential enclaves surrounded by nonresidential uses which should be protected from premature fragmentation by intrusive nonresidential uses. Since such residential enclave areas were often designated for nonresidential use on the Future Land Use Map series of the 2010 Comprehensive Plan, they were zoned for nonresidential use. In order to provide protection for residential enclaves which are located within nonresidential zoning districts, a procedure for designating appropriate residential enclaves and related overlay zoning is being established. (Ord. 93-261-143, § 1)

Jacksonville Ordinance Code § 656.373 Definitions.

Sec. 656.373. - Definitions. As used in this Subpart: (a) Residential enclave means a geographical area having a residential land use that is partially or totally surrounded by a nonresidential land use, which forms a distinct enclosed unit. The enclave is also a small, historically established, residential neighborhood existing in an area that is programmed to transition to nonresidential land uses within the time frame of the 2010 Comprehensive Plan. Residential enclaves may consist of dwelling units arranged in relation to a neighborhood center and/or a significant cultural or natural feature. (b) Residential Enclave Overlay Zone means an overlay zoning district designated by the City Council for a residential enclave area for the purpose of protecting the enclave area from premature fragmentation by intrusive nonresidential uses and allowing for the expansion, renovation, reconstruction or construction of residential uses therein on existing lots of record. (c) Residential uses mean activities within land areas used predominantly for single family or multifamily housing. (d) Historically Established Residential Neighborhood means a predominantly residential area that can be documented as established for at least 50 years. The Historically Established Residential Neighborhood can include structures that are not 50 years old or older. (Ord. 93-261-143, § 1)

Jacksonville Ordinance Code § 656.374 Criteria for designation as a residential enclave.

Sec. 656.374. - Criteria for designation as a residential enclave. In order for a residential enclave area to qualify for designation under this Subpart J, the area shall meet all of the following criteria: (1) The residential enclave area is proposed in the Future Land Use Map series of the 2010 Comprehensive Plan for nonresidential use; (2) The residential enclave is presently zoned for nonresidential use; (3) The enclave area is an existing predominantly residential use area contain with [containing] only a few incidental supporting commercial uses; (4) The enclave area contains not less than 25 residential structures; (5) The area is completely or nearly completely surrounded by nonresidential uses or, to a lesser extent, natural features such as a major water body or wetland area; (6) The enclave area may be described by a reasonably cohesive boundary line; (7) The area is not subject to heavy, excessive through traffic on interior roadways; and (8) The residential enclave area was an historically established residential neighborhood. (Ord. 93-261-143, § 1; Ord. 94-444-170, § 1)

Jacksonville Ordinance Code § 656.375 Designation procedures.

Sec. 656.375. - Designation procedures. The following procedures shall apply with respect to the selection and designation of a residential enclave: (a) Planning and Development Department. The Planning and Development Department shall be responsible for recommending or nominating eligible residential enclaves to the Council. The Department shall make its recommendation to Council on each proposed designation in a report to be called Residential Enclave Nomination Report. The report shall include the following: (1) A map showing proposed boundaries of the residential enclave area; (2) A descriptive evaluation of how the criteria listed in Section 656.374 above are met by the residential enclave area proposed for designation; (3) A map or aerial photograph showing the location of all buildings in the enclave area; (4) A map showing the existing land use of each lot in the area; (5) A zoning map showing the existing zoning of the residential enclave area and all lands within 350 feet of the area; (6) A table summarizing the number of structures in the enclave by type of use, including specific identification of any mobile homes in the area; (7) A location map and brief description of any known archaeologic or historic sites or structures within the enclave area and their significance. (8) A statement describing the recommended boundaries for the enclave area; (9) A list of the names and addresses of all owners and the real estate assessment file numbers of the properties within the boundaries of the proposed residential enclave, and a second similar list for all properties outside but within 350 feet of the residential enclave area; and (10) The recommended zoning district regulations which are proposed to apply in the proposed overlay zone for the residential enclave area. (b) Public meeting. Prior to, or upon completion of, the Residential Enclave Nomination Report, the Planning and Development Department shall hold one or more public meetings(s) in a location which is within or convenient to the proposed residential enclave. The purpose of the meeting is to allow property owners and residents of the enclave area and surrounding properties to discuss the merits of the enclave proposal with Department staff. The staff shall also explain the approval procedure for designation of the residential enclave and the proposed overlay zoning for the residential enclave area. Notice of the time and place of the public meeting which is required to be held in or near the residential enclave area shall be posted by the Planning and Development Department as least 14 days in advance of the meeting, by United States mail, to the owners of all properties located within the enclave area and outside but within 350 feet of the boundaries of the enclave area. For the purpose of notice requirements to the owners, the names and addresses of owners shall be deemed to be those on the current tax records in the Office of the Property Appraiser. The failure of any owner required by this Section to be notified by mail to receive the notice shall not invalidate or otherwise have any effect upon the public meeting or on the nomination of the residential enclave area to the City Council. All notices required by this Section shall state clearly the boundaries of the proposed residential enclave area and the purpose of the proposed designation. The Department staff shall also announce at the public meeting the anticipated date, time and place of the meeting of the Jacksonville Historic Preservation Commission required pursuant to paragraph (c) below to make its recommendations. (c) Jacksonville Historic Preservation Commission. Upon completion of the Residential Enclave Nomination Report, the Planning and Development Department shall forward copies of the report to the Jacksonville Historic Preservation Commission for review and comment. The Commission shall make a recommendation indicating whether it agrees that the proposed enclave area was an "historically established residential neighborhood." It shall also comment on the extent to which the residential character of the enclave area could be considered historic, and the presence and importance of any archaeological, historical or architectural structures, features or sites within the enclave area. The Commission's recommendation shall be transmitted to the Planning and Development Department and the City Council within 40 five days from the date of receipt of the Nomination Report from the Planning and Development Department. (d) City Council action. Copies of the Residential Enclave Nomination Report and the recommendation of the Jacksonville Historic Preservation Commission shall be forwarded by the Planning and Development Department to the City Council and the Office of General Counsel for approval by ordinance of the proposed residential enclave area designation. The Office of General Counsel shall prepare an ordinance for approval of the proposed designation of the residential enclave area including proposed zoning district regulations for the residential enclave overlay zone. A public hearing shall be held by the Council to consider the proposed designation, in the same manner as for a rezoning, pursuant to the notice requirements provided in Subpart C, Part 3, Chapter 656. In addition, the following supplemental notice requirements shall also apply: (1) Notices shall be sent to all owners of real property within the residential enclave area as well as to those property owners outside but within 350 feet of the residential enclave area. (2) The signs to be posted shall be in the form required by the appropriate committee of Council and shall be posted in full view of the public. The signs shall be posted on the boundaries of the proposed residential enclave area at each public right-of-way intersecting the boundary of the proposed enclave overlay zone, or at such other locations and such intervals as will ensure that the signs will be seen by as many persons as possible. (3) The mailed notices shall include the following information and documents: (a) The boundaries of the proposed residential enclave area; (b) The purpose of the proposed designation; and (c) A discussion of the implications of the proposed designation, both positive and negative. (e) The ordinance approving a proposed residential enclave designation shall include an amendment to Chapter 656, Ordinance Code, incorporating the proposed overlay zoning district and related zoning district regulations which shall apply to the residential enclave area. (f) The Council Secretary shall notify each property owner within the residential enclave of the final action taken by the City Council within 14 days from the effective date of any ordinance approving same, and shall cause the ordinance approving the designation of the residential enclave to be recorded in the official records of Duval County, Florida. The Council Secretary shall also notify the Property Appraiser's Office of the designation. (g) Following Council approval of the designation, the Director shall enter the designation on the Zoning Atlas in accordance with Section 656.203. (Ord. 93-261-143, § 1; Ord. 94-444-170, § 2)

Jacksonville Ordinance Code § 656.376 Applicability and effect.

Sec. 656.376. - Applicability and effect. The regulations on land use set forth in any ordinance adopted pursuant to the provisions of this Subpart shall be applicable to all lands lying within the designated residential enclave area. Notwithstanding the zoning district regulations set forth elsewhere in this Chapter, the provisions of this Subpart J, shall override and supersede all such other regulations to the extent specifically set forth in each ordinance designating a residential enclave. The use of any property within a designated residential enclave in accordance with the underlying industrial or commercial zoning shall be subject to review and approval by City Council by ordinance. In its review of proposed nonresidential uses, the Council shall assure that existing residential uses are adequately buffered from nonresidential uses. (Ord. 93-261-143, § 1)

Jacksonville Ordinance Code § 656.377 Amendment or rescission of designation.

Sec. 656.377. - Amendment or rescission of designation. The designation of any residential enclave area may be amended or rescinded pursuant to the same procedure utilized for the original designation. (Ord. 93-261-143, § 1)

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_PT3SCDIRE_SPJREENOVZOFetched: 10/27/2026