Jacksonville Beach Building Height Limits & Vested Rights

Here’s Why Some Developments Can Build Higher Than The 35 Feet

In 2004, Jacksonville Beach voters approved a charter amendment that set a strict 35-foot maximum building height limit for new construction throughout the city. This rule was designed to preserve ocean views, maintain the coastal character, and prevent overdevelopment along the beachfront.

However, some properties had already secured legally approved development rights — known as vested rights — before the 2004 height cap took effect. Under Florida law, these property owners retain the right to develop their sites according to the entitlements that were in place before the new restrictions, regardless of the current 35-foot limit. It’s important to note that these rights are not based on the age of the existing buildings but on whether the properties had approved development plans or rights before the charter amendment.

Properties with Vested Height Rights

These specific properties in Jacksonville Beach have legally recognized vested rights allowing them to build above 35 feet:

1. Margaritaville
   715 N 1st St
   Approved up to 89 feet
2. Dolphin Depot
   705 N 1st St
   Approved up to 68 feet
3. Deli Comb Plaza
   102 N 6th Ave
   Approved up to 59 feet
4. Vacant parcel next to Casa Marina
   0 N 1st St
   Approved up to 50 feet
5. SpringHill Suites
   465 N 1st St
   Approved up to 56 feet
6. Azure
   50 14th Ave S, Jacksonville Beach, FL 32250
   Approved up to 100 feet 8 inches

Key Points

• These properties’ vested rights are legally binding, meaning owners can build to the heights specified above despite the 35-foot limit.
• Any new development on these sites still requires city approvals, including planning and design reviews.
• Vested rights are not related to rezoning; they are strictly tied to pre-existing entitlements established before the 2004 amendment.

For Jacksonville Beach residents and visitors, understanding these exceptions helps explain why certain new buildings can rise taller than others — and how the city balances growth with coastal preservation. Building Height Limit In Jacksonville Beach, FL

This article is a follow up from questions we received regarding Corner Lot buying Casa Marina and their redevelopment plans for the vacant lot to the south and the Delicomb plaza 102 6th Ave N, Jacksonville Beach, FL 32250. Read the full article here.

Want more information on building height limits in Jacksonville Beach?

For more information on building height limits in Jacksonville Beach or Vested Height Rights, please visit the City Jacksonville Beach Website and watch their beautifully produced video below which is also available on the City of Jax Beach YouTube channel.

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