cautionary tales a working waterfront mayport

7/31/2019 Cautionary Tales A working waterfront mayport

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Cautionary TalesMayport and Ponce Inlet:

Using Litigation to Preserve Working Waterfronts


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Mayport Village


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(a)The Mayport Village has been negatively affected by current zoningdistricts which do not recognize the unique character of the community.For many years, zoning has allowed intensive and intrusive uses to locatein the Mayport Village and has not encouraged the kind of developmentthat promotes and sustains a community which is stable andeconomically viable, and which consists primarily of a fishing village

and a single-family/owner-occupied neighborhood. Standard zoningdistricts also do not recognize the small residential lots, waterfront landuse, and other aspects of the unique development pattern of MayportVillage.

(b)The fishing community of Mayport Village is a unique and invaluableresource to the City and its citizens and should be preserved for future

generations. (c)[Calls for]a comprehensive revitalization program that will include

zoning districts tailored to the community.

Jacksonville Ordinance Section 656.395


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Mayport Waterfront Partnership

Oversees revitalization programs for coastal

communities in Duval County

Represents the interests of the US Navy, National Parks

Service, local government, community and businessorganizations

Supports the revitalization of ecotourism, shrimping and

fishing industries in Mayport Village


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Historic and cultural value

Traffic

Loss of character

Struggling shrimping industry

Jacksonvilles ordinance (consists primarily of a fishing

village unique and invaluable resource should bepreserved for future generations)


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Definition of Working Waterfront

(2) As used in this section, the term recreational and commercialworking waterfront means a parcel or parcels of real property thatprovide access for water-dependent commercial activities, includinghotels and motels as defined in s. 509.242(1), or provide access for thepublic to the navigable waters of the state. Recreational and commercialworking waterfronts require direct access to or a location on, over, or

adjacent to a navigable body of water. The term includes water-dependent facilities that are open to the public and offer public accessby vessels to the waters of the state or that are support facilities forrecreational, commercial, research, or governmental vessels. Thesefacilities include public lodging establishments, docks, wharfs, lifts, wetand dry marinas, boat ramps, boat hauling and repair facilities,commercial fishing facilities, boat construction facilities, and othersupport structures over the water. As used in this section, the term

vessel has the same meaning as in s. 327.02(39). Seaports areexcluded from the definition.
https://a.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000006&cite=FLSTS509.242&originatingDoc=N0F929B40208F11DB95FC926BCD0F4219&refType=SP&originationContext=document&transitionType=DocumentItem&contextData=(sc.UserEnteredCitation)https://a.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000006&cite=FLSTS327.02&originatingDoc=N0F929B40208F11DB95FC926BCD0F4219&refType=SP&originationContext=document&transitionType=DocumentItem&contextData=(sc.UserEnteredCitation)https://a.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000006&cite=FLSTS327.02&originatingDoc=N0F929B40208F11DB95FC926BCD0F4219&refType=SP&originationContext=document&transitionType=DocumentItem&contextData=(sc.UserEnteredCitation)https://a.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000006&cite=FLSTS509.242&originatingDoc=N0F929B40208F11DB95FC926BCD0F4219&refType=SP&originationContext=document&transitionType=DocumentItem&contextData=(sc.UserEnteredCitation)


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Seaport

used for the purpose of harboring one or more ships

used to transport passengers across the ocean to various

other ports of call in domestic and foreign countries and

returning them to the cruise terminal at the conclusion

of their voyage.


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Ponce Inlet


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Pacetta, LLC; Mar-Tim, Inc.; and Down the

Hatch, Inc. v. Town of Ponce Inlet

March 20, 2012

Section 163.3177(6)(a)3.c. requires a FLUE to include criteriato [e] ncourage preservation of recreational and commercialworking waterfronts for water-dependent uses in coastalcommunities. However, the statute does not suggest that alocal government would be in violation if any restriction isplaced on one or more of the many uses listed in thedefinition of recreational and commercial workingwaterfront in section 342.201(2)(b). The restrictionsestablished in the challenged amendments do not prevent theTown from achieving the purposes of the statute.

84. Petitioners failed to prove that the 2008 Amendment orthe 2010 Amendment is inconsistent with section163.3177(6)(a)3.c.


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cautionary tales a working waterfront mayport

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