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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)7/31/2019 Cautionary Tales A working waterfront mayport
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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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