SUBPART M. SAN MARCO OVERLAY ZONE*

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*Editor's note:  Ord. 2004-1105-E, § 1, amended the Code by repealing former Subpart M, §§ 656.399.1--656.399.9, and adding a new Subpart M. Former Subpart M pertained to the Lake Marco Overlay Zone, and derived from Ord. 2003-1527-E, § 1. 

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Sec. 656.399.1. Legislative findings.
The Council hereby finds and determines as follows:
(a)   Within the greater San Marco Neighborhood Overlay Zone ("Zone" as defined hereafter) and within the Lake Marco Overlay Subzone ("Subzone" as defined hereafter) there currently exists a high degree of uniformity and sense of history of the design, style, massing, scale, rhythm and symmetry to the individual and interrelated development of the area.
(b)   Primarily because of the Zone's historical patterns of design and development, it and the Subzone therein is perceived as one of the most desirable places in the City of Jacksonville to work, eat, shop, live and play due to its close proximity to downtown, economic vitality, aesthetic appeal, historical integrity and distinctive overall charm.
(c)   In the past ten years, the Zone has experienced increased development pressure and many recent developments have digressed from the Zone's historical design, massing and platted building restriction lines and have deviated from the general zoning requirements in order to maximize short-term gain. Such a trend, if left unchecked and continuing unabated, would lead to a loss of vitality, character, aesthetic appeal, historical integrity and overall charm and eventually might contribute to the decline of the Zone in terms of desirability;
(d)   In order to preserve the economic vitality, character, aesthetic appeal, historical integrity and overall charm of the Zone, it is recommended that the following provisions of this Subpart M be adopted which provide special zoning restrictions, standards and processes which facilitate the historical design and platted patterns of development, especially those related to height, bulk and setbacks.
(Ord. 2004-1105-E, § 1)

Sec. 656.399.2. Purpose.
The purpose of this Subpart M is to protect the economic vitality, character, aesthetic appeal, historical integrity and overall charm of the Zone by providing for zoning restrictions, standards and processes supplemental to the general terms of the Zoning Code and applicable only to properties within the Zone.
(Ord. 2004-1105-E, § 1)

Sec. 656.399.3. Overlay zone boundaries.
The legal boundaries of the San Marco Overlay Zone ("Zone") and of the Lake Marco Subzone ("Subzone") therein are as set forth in the outlined map in Figure A* and hereby adopted as a zoning overlay by the Council.

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*Editor's note:  The exhibits for this Subpart are set out following Section 656.399.6. 

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(Ord. 2004-1105-E, § 1)

Sec. 656.399.4. Application.
The clear terms and conditions of this Subpart M apply to govern and control all construction, development or alteration activities undertaken or performed hereafter on lots and land lying within the boundaries of the Zone upon the effective date hereof.
(Ord. 2004-1105-E, § 1)

Sec. 656.399.5. Construction and intent.
All applicable provisions of the Zoning Code not expressly modified and superseded by this Subpart M remain in full force and effect. In the event a court of competent jurisdiction finally determines there is an irreconcilable conflict or inconsistency between the Zoning Code and this Subpart, the more restrictive condition or term most closely associated with the remedial purpose of this Subpart shall be construed to apply where lawfully possible.
(Ord. 2004-1105-E, § 1)

Sec. 656.399.6. Lot aggregation and subdivision.
The aggregation of lots lying within the Zone is allowed if proposed as a Planned Unit Development (PUD) pursuant to Subpart F of Part 3 of the Zoning Code and meets the requirements thereof and where the applicant's proposed PUD rezoning is demonstrated to maintain the economic vitality, character, aesthetic appeal, historical integrity and overall charm of the Zone. For purposes of this Subpart M, the term "aggregation" means the zoning doctrine of merging separate and adjoining lots for purposes of determining and applying zoning requirements and/or building parameters. This Section shall not apply to limit the aggregation of lots for single-family development where such lots were lots of record and under common legal or equitable ownership within the Zone prior to March 9, 2004, and within the Subzone prior to June 30, 2003. Further, after the effective date of this Subpart, the subdivision of an existing lot lying wholly within the Zone into two (2) or more lots is prohibited except where lots of recordpreviously subdivided as according to the historical plats listed in Figure B are restored and reinstated to the closest degree possible by such subdivision.
(Ord. 2004-1105-E, § 1)
GRAPHIC LINK:Figure A
GRAPHIC LINK:Figure B, Page 1
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GRAPHIC LINK:Figure C

Sec. 656.399.7. Overlay development standards.
The design, siting and building standards, criteria and limitations set forth expressly in this Subpart M with reference to lots with building restriction lines, specific locations, specific development types and/or specific types of structures or equipment, shall supersede and prevail over any other inconsistent provisions of the Zoning Code; otherwise, the standards relative to an underlying zoning district and other applicable, general provisions of the Zoning Code shall govern.
(a)   Building restriction line setbacks.  Where building restriction lines are depicted on the historical plats of lots listed in Figure B, such lines shall constitute setback lines and determine the size of each and every required, open "yard" (as that term is defined in the Zoning Code) for single-family, multi-family and commercial development, notwithstanding the size yard otherwise required pursuant to the Zoning Code. In the event an existing lot contains building restriction lines on a part, but not the whole, of such lot, the building restriction lines shall be deemed to continue in a linear and/or logical fashion to apply to the whole of the lot. In the event no building restriction lines are depicted for a particular lot, or fail to delineate a front, rear or side yard on a particular lot, the size of all required yards shall be determined as may expressly be set forth hereinafter, or as otherwise provided by the Zoning Code. 
(b)   Specific location setback lines and provisions.  The setback lines/required yards and other siting restrictions applicable to lots located within the historical plats of lands listed in Figure B, and identified and described further by current street name (and applicable to any successor street name thereto), are as follows: 
(1)   Replat of Block 22 and Lots 1, 2, 10-12 of Block 14 of Oklahoma; Figure C, Location 19: 15-foot front yard setback and a ten-foot combined side yard setback.
(2)   Harpers Replat, Part of Block 25 of Oklahoma; Figure C, Location 2: Ten-foot front yard setback and a ten-foot combined side yard setback.
(3)   John White's Replat of Lots 10-16 of Oklahoma; Figure C, Location 14: Ten-foot front yard setback and a ten-foot combined side yard setback.
(4)   Shadyside; Figure C, Location 27: Lots abutting upon streets as follows:
(i)   Cedar Street - 20-foot front yard setback and a ten-foot combined side yard setback.
(ii)   LaSalle Street - 20-foot front yard setback and a ten-foot combined side yard setback.
(iii)   Landon Avenue west of Hendricks Avenue - 25-foot front yard setback and a 12-foot combined side yard setback.
(iv)   Landon Avenue east of Hendricks Avenue - ten-foot front yard setback and a 15-foot combined side yard setback.
(v)   Belmonte Avenue - 25-foot front yard setback and a 12-foot combined side yard setback.
(vi)   Flagler Avenue - 25-foot front yard setback and a 12-foot combined side yard setback.
(vii)   Naldo Avenue - 20-foot front yard setback for lots located on the east side of Naldo and a ten-foot front yard setback for lots located on the west side of Naldo, with a 12-foot combined side yard setback.
(viii)   Thacker Avenue - 20-foot front yard setback and a 15-foot combined side yard setback.
(ix)   Minerva Street - 20-foot front yard setback and a 15-foot combined side yard setback.
(x)   Arcadia Place - 20-foot front yard setback and a 15-foot combined side yard setback.
(5)   Replat of Block in Shadyside; Figure C, Location 24: Lots located along Thacker Avenue shall have a 20-foot front yard setback and a 15-foot combined side yard setback.
(6)   Oklahoma; Figure C, Location 28: Lots abutting upon Larue Avenue, Belmonte Avenue and Flagler Avenue shall have a 15-foot front yard setback and a 15-foot combined side yard setback.
(7)   Fletcher Park Replat of Lots 18 & 19; Figure C, Location 18: Lots abutting upon streets as follows:
(i)   Minerva Avenue - 20-foot front yard setback and a 15-foot combined side yard setback.
(ii)   Arcadia Avenue - Lots located along west side of Arcadia shall have a 20-foot front yard setback and a 15-foot combined side yard setback.
(iii)   Mango Avenue - Lots located along the east side of Mango shall have a ten-foot front yard setback except that parcels currently designated as CCG-1 zoning district shall have a zero (0) front yard setback.
(8)   Alford Park; Figure C, Location 3: For lots located on the east side of Arcadia Avenue and on all sides of Belote Place a 35-foot front yard setback and a 15-foot combined side yard setback.
(9)   Fletcher Park; Figure C, Location 23: For lots located along all streets except Atlantic Boulevard a 7.5-foot front yard setback and a 20-foot combined side yard setback.
(10)   Riviera; Figure C, Location 20: For lots located along the St. Johns River, the river shall be deemed to constitute the front yard while River Road shall constitute the rear yard, with a 20-foot front yard setback measured from the bulkhead required and a five-foot rear yard setback required for detached garages. For non-riverfront lots, a 20-foot front yard setback shall be required and a 15-foot combined side yard setback.
(11)   Clarke's Replat of Block 16 of Oklahoma; Figure C, Location 21: For lots located along LaSalle, Palm, Cordova and Cedar, a 20-foot front yard setback shall be required and a 15-foot combined side yard setback.
The term "combined" with reference to the required side yard means that one side of two may be reduced, so long as the total of the two side yards equals the required combined amount, with the reduction limited as follows: ten-foot combined, one side yard may be reduced to feet; 12-foot combined, one side yard may be reduced to four feet; 15-foot combined, one side yard may be reduced to five feet; 20-foot combined, one side yard may be reduced to 7.5 feet.
(c)   Single-family dwelling development.  The following additional standards and criteria shall govern single-family dwelling development and shall provide for the setback where not specified pursuant to either subsections (a) or (b) hereinabove: 
(1)   General standards.
TABLE INSET:

  Standard   Term/Condition   
Second front yard on corner lot setback:   15 feet   
Rear yard setback:   Ten feet   
Maximum building height:   35 feet with no deviation allowed   
Maximum lot coverage:   35%   
(2)   Facade standards. No more than 30 percent of the entire front facade should be comprised of a front-facing garage door but demonstration of this standard shall not be required as a condition precedent to the issuance of a building permit.
(3)   Permitted use. Single family development shall be permitted by right within the RMD-E and CRO zoning districts.
(d)   Multiple-Family Dwelling Development.  The following additional standards and criteria shall govern multiple-family dwelling development and shall provide for the setback where not specified pursuant to either subsections (a) or (b) hereinabove: 
(1)   General standards.
TABLE INSET:

  Standard   Term/Condition   
Second front yard on corner lot setback:   15 feet   
Maximum building height:   35 feet   
Maximum lot coverage:   35 percent   
(2)   Facade requirements. For all facades along San Marco Boulevard, no more than 60 contiguous feet along the facade is permitted without a break or step back of a minimum depth of 20 feet into the lot interior for a minimum span of 15 feet.
(3)   Parking. All multiple-family development repairs or renovations commenced after the effective date of this Subpart exceeding 35 percent of the assessed value of an existing structure, shall make provision for adequate on-site parking to be located in the rear or side yards at a rate of at least one vehicular parking space per dwelling unit but shall provide greater parking as may be required by other provisions of the Zoning Code.
(e)   Commercial/Nonresidential development.   
(1)   General standards.
TABLE INSET:

  Standard   Term/Condition   
Maximum building height:   35 feet   
Maximum lot coverage:   None   
(2)   Transportation Corridor Standards. For lots located abutting Hendricks Avenue, San Marco Boulevard and Atlantic Boulevard west of the railroad tracks, the following commercial development standards and terms shall be applicable:
TABLE INSET:

  Standard   Term/Condition   
Front yard setback:   Zero feet   
Side yard setback:   Zero feet   
Rear yard setback:   Ten feet   
(3)   The lots numbered as 12, 13, 14 and 15 of Block 6 of the Plat of San Marco presently fronting on San Marco Boulevard shall have front yard setbacks of 30 feet.
(4)   Building orientation. All commercial buildings shall be oriented with an entrance and the primary facade facing a public right-of-way and shall be oriented specifically to San Marco Boulevard, Hendricks Avenue or Atlantic Boulevard, as applicable, where a commercial development abuts such right-of-ways.
(5)   Build-to line/front setbacks. Within the Subzone and for lots abutting Hendricks Avenue, San Marco Boulevard and Atlantic Boulevard, a minimum of 70 percent of the facade of a commercial building that fronts on the public right-of-way as to which the building is oriented shall be located not more than ten feet from such right-of-way, except that northeast of the railroad tracks along Atlantic Boulevard this requirement shall be extended to not more than 20 feet. Notwithstanding, pedestrian plazas and courtyards may break this build-to line but parking shall not be allowed in lieu of a pedestrian space unless it is located behind a landscaped street wall adjacent to the building line.
(f)   Equipment siting limitations.  No air conditioner, heater or related equipment shall be sited or located in the required front yard. 
(g)   Fencing along railroads.  Where the rear property line of a lot within the Zone abuts an active railroad right-of-way, fences may be constructed to a height of ten feet along such rear property line. 
(Ord. 2004-1105-E, § 1)

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
TABLE INSET:

  Proposed Standard   Comparison to Adjacent   # Points   
Structure height:   = </CE>   2   
Lot coverage:   = </CE>   2   
Structure width:   = </CE>   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.   
TABLE INSET:

  Standard   Deviation Limit   
Front yard setback:   25 feet within any RLD zoning district category 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   
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 heightTABLE INSET: 
 
Standard   Deviation Limit   
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 and may not exceed the height of the applicable primary structure.   
(2)   Multiple-family dwelling development.   
TABLE INSET:

  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.   
TABLE INSET:

  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)

Sec. 656.399.9. Rebuilding after disaster and for garages.
In the event a building or detached accessory structure permitted or in existence as of March 9, 2004, is destroyed (more than 65 percent damaged as a measure of assessed value) such destroyed building or structure may be sited and rebuilt as it previously existed so long as reconstructed in accordance with all applicable provisions and specifications of the Florida Fire Prevention Code and the Florida Building Code, or successor codes, and other local provisions in the nature of building and fire codes. Further, any garage accessory structure, whether detached or attached to the principal structure, in existence on the effective date of this Subpart, may be repaired, renovated or reconstructed to the same height as previously existed upon the existing garage footprint lying: (1) up to one foot from the closest side and/or rear property line(s) without regard to lot coverage; or, (2) up to five feet into a required front yard without regard to lot coverage, and may in the process be expanded horizontally awayfrom such side, rear or front yard reference points so long as height is not increased nor the applicable lot coverage requirement exceeded. Those wishing to avail themselves of the provisions and protections of this paragraph shall make special application to the Zoning Administrator seeking approval prior to commencement.
(Ord. 2004-1105-E, § 1)