Sec. 656.398 - Compliance with Architectural Design Guides for Mayport Village required; architectural review and approval process; appeals; Mayport Village Working Waterfront Zoning District acknowledgement.

(a) Adoption of Architectural Design Guides for Mayport Village. All new development and redevelopment, including rehabilitation of existing buildings constructed prior to 1950, located within the Mayport Village Commercial (CCG-2-M), Mayport Village Light Commercial (CCG-1-M), and Mayport Public Buildings and Facilities (PBF-M) Districts shall be designed to reflect the vernacular of the era of the buildings constructed in Mayport Village during the 1920's, 1930's and 1940's and shall comply with the Architectural Design Guides for Mayport Village contained in the Historic Site Survey of Mayport Village, dated June 30, 2001, prepared by Godard Design Associates, Inc., based on the Secretary of the Interior's standards for rehabilitation, and on file with the Planning and Development Department. (b) Architectural review and approval process for commercial development and redevelopment. Architectural review and approval by the Planning and Development Department is required for all new commercial development and redevelopment in the Mayport Village Commercial (CCG-2-M), Mayport Village Light Commercial (CCG-1-M), and Mayport Public Buildings and Facilities (PBF-M) Districts to ensure compliance. Prior to the issuance of a building permit, applicants shall submit plans to the Mayport Waterfront Partnership, or its designated Architectural Review Committee, for review and a recommendation as to compliance with the Architectural Design Guides for Mayport Village. The plans and recommendation shall be transmitted by the Mayport Waterfront Partnership to the appropriate Chief in the Planning and Development Department within 30 days of submittal. The Chief shall review the plans and recommendation and issue a final determination of compliance within 14 days from the date of transmittal by the Mayport Waterfront Partnership. The determination by the Chief shall be deemed a Written Interpretation of the Director and may be appealed to the Planning Commission pursuant to Section 656.135 of the Zoning Code. (c) Mayport Village Working Waterfront Zoning District Acknowledgement. (1) No person shall sell, or otherwise transfer, lease or offer to lease or offer to sell, or otherwise transfer a structure or land within the Mayport Village Working Waterfront Zoning Districts (Zoning Districts), unless the prospective transferee or lessee has been given a Mayport Village Working Waterfront Zoning District Acknowledgement in writing, at the time of contract of sale, transfer, or lease, which Acknowledgement shall be included in the contract of sale, transfer, or lease agreement for leases greater than three months, as a part of the legal instrument that conveys the real property interest in the lands lying within the Zoning Districts. Whenever a owner or a lessor has entered into a contract with an agent for the purpose of selling or leasing a structure or land within the Zoning Districts, the regulations promulgated under this Section shall require the agent, on behalf of the owner or lessor, to ensure compliance with the requirements of this Section. Any person, who knowingly violates the provisions of this Section, including the agent of such person, shall be subject to enforcement by the City and shall be jointly and severally liable to the purchaser or lessee in an amount to be determined by a court of competent jurisdiction. Nothing in this Section shall affect the validity or enforceability of any sale, transfer, or lease or contract for the sale, transfer, or lease of any interest in real property, nor shall anything in this Section create a defect in the sale, transfer, or lease agreement. (2) No building permit shall be issued within the Mayport Village Working Waterfront Zoning Districts, unless the applicant provides a copy of a Mayport Village Working Waterfront Zoning District Acknowledgement signed by the owner and two witnesses, to the Planning and Development Department. (3) The Mayport Village Working Waterfront Zoning District Acknowledgement shall be in a form acceptable to the Office of General Counsel and the Planning and Development Department and may be amended from time to time. At a minimum, the Acknowledgment shall contain: (i) A statement that the property is within the Mayport Village Working Waterfront Zoning Districts and that the premises may be exposed to proximity to storage associated with the fishing occupation and its associated noises and odors. (ii) A certification by the owner of the property that the owner is aware that the property is located in a Mayport Village Working Waterfront Zoning District and has been advised to consult the City of Jacksonville Zoning Code provisions regulating the Mayport Village Working Waterfront Zoning Districts. (iii) A date, printed name and signature of owner, and printed names and signatures of two witnesses. (Ord. 2001-910-E, § 1; Ord. 2006-452-E, § 1)