Sec. 656.1003. - Applicability.

The regulations set forth herein are applicable to all lands lying within delineated airport environs adopted as a part of the Zoning Atlas as provided in Section 656.202 and to all lands defined in Section 656.1005 herein. Notwithstanding the zoning district regulations set out in Part 3, the provisions of this Part as they apply to a parcel of land shall override and supersede other regulations set forth in the Zoning Code to the extent set forth herein based upon the airport environ(s) in which the parcel is located. The provisions of this Part shall not override or supersede notification requirements previously established pursuant to the Zoning Code, or by action of a property owner. The boundaries of all airport environ zone delineations shall be determined as follows: (a) Unless Section 656.214 applies, for recorded lots less than one acre in size, where an airport environ zone enters or crosses the parcel, the land use restriction and noise level reduction standards of the more stringent airport environ zone shall apply to the entire lot. (b) For platted and unplatted properties greater than one acre in size, where an airport environ zone enters or crosses the parcel, the regulations associated with more than one zone may apply. The Planning and Development Department shall use the Zoning Atlas, including the applicable airport environ zone, overlaid onto a parcel map to determine the applicable zone. The Planning and Development Department, in consultation with the United States Navy or the Jacksonville Aviation Authority, as appropriate, shall determine the line of demarcation. Planned Unit Developments and site plans reviewed pursuant to Section 656.404 requirements for preliminary site development review that were approved prior to the effective date of this ordinance (March 27, 2007) may proceed as approved regarding density and uses, however, if a previously platted or approved subdivision unit or phase is partially built out such that less than 50 percent of the platted or approved units or ten units, whichever is fewer, remain to be built, such remaining units can be constructed pursuant to the noise attenuation standards required when the subdivision was originally platted or approved. Except as limited herein, all other requirements shall apply. The developer shall provide notice to potential buyers, using the notice procedures outlined in this Part, to disclose the fact that units exempted under this Section have not been constructed to the noise attenuation standards currently otherwise required. Nothing in this Section shall prevent a Civilian or Military Airport from negotiating with a property owner to establish avigation easements or notification requirements. (Ord. 2006-1225-E, § 1; Ord. 2007-1048-E, § 1)