Cautionary Tales

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Cautionary Tales (Mayport and Ponce Inlet ... - Florida Sea Grant

Cautionary Tales

Mayport and Ponce Inlet:

Using Litigation to Preserve Working Waterfronts


Mayport Village


• (a)The Mayport Village has been negatively affected by current zoning

districts which do not recognize the unique character of the community.

For many years, zoning has allowed intensive and intrusive uses to locate

in the Mayport Village and has not encouraged the kind of development

that promotes and sustains a community which is stable and

economically viable, and which consists primarily of a fishing village

and a single-family/owner-occupied neighborhood. Standard zoning

districts also do not recognize the small residential lots, waterfront land

use, and other aspects of the unique development pattern of Mayport

Village.

• (b)The fishing community of Mayport Village is a unique and invaluable

resource 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


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 business

organizations

• Supports the revitalization of ecotourism, shrimping and

fishing industries in Mayport Village


• Historic and cultural value

• Traffic

• Loss of character

• Struggling shrimping industry

• Jacksonville’s ordinance (“consists primarily of a fishing

village”… “unique and invaluable resource”… “should be

preserved for future generations”)


Definition of Working Waterfront

• (2) As used in this section, the term “recreational and commercial

working waterfront” means a parcel or parcels of real property that

provide access for water-dependent commercial activities, including

hotels and motels as defined in s. 509.242(1), or provide access for the

public to the navigable waters of the state. Recreational and commercial

working waterfronts require direct access to or a location on, over, or

adjacent to a navigable body of water. The term includes waterdependent

facilities that are open to the public and offer public access

by vessels to the waters of the state or that are support facilities for

recreational, commercial, research, or governmental vessels. These

facilities include public lodging establishments, docks, wharfs, lifts, wet

and dry marinas, boat ramps, boat hauling and repair facilities,

commercial fishing facilities, boat construction facilities, and other

support structures over the water. As used in this section, the term

“vessel” has the same meaning as in s. 327.02(39). Seaports are

excluded from the definition.


“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.


Ponce Inlet


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 criteria

to “[e] ncourage preservation of recreational and commercial

working waterfronts for water-dependent uses in coastal

communities.” However, the statute does not suggest that a

local government would be in violation if any restriction is

placed on one or more of the many uses listed in the

definition of ““recreational and commercial working

waterfront” in section 342.201(2)(b). The restrictions

established in the challenged amendments do not prevent the

Town from achieving the purposes of the statute.

• 84. Petitioners failed to prove that the 2008 Amendment or

the 2010 Amendment is inconsistent with section

163.3177(6)(a)3.c.

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