Policy Research

To get a feel for the zoning restrictions and the cultural character of Jacksonville's Black Hammock Island, here is an example of recent legislation on fencing protocols. This policy, which addresses the practical activity of keeping animals, communicates the realities of life on the island.
Introduced by Council Member Holt:
ORDINANCE 2014-147
AN ORDINANCE AMENDING CHAPTER 656 (ZONING CODE), ORDINANCE CODE; CREATING NEW SUBPART Q (Black Hammock Island Overlay), SECTION 656.399.50 (Black Hammock Island Overlay), Ordinance Code, ADOPTING A BLACK HAMMOCK ISLAND ZONING OVERLAY CONCERNING THE HEIGHT OF FRONT YARD FENCES ON BLACK HAMMOCK ISLAND, IN the generally the area WEST OF THE ATLANTIC OCEAN, SOUTH OF NASSAU COUNTY LINE, EAST OF CEDAR POINT ROAD; Providing for adoption of overlay map and publication of approved map and ordinance; PROVIDING AN EFFECTIVE DATE.

     WHEREAS, Black Hammock Island, with its rich and unique history dating back several hundred years, was essentially vacant and undisturbed until the 1970s when a few families began to inhabit the island drawn to its rural character, aesthetic appeal, and quality of life for Black Hammock Island residents; and
WHEREAS, until the early 1990s Black Hammock Island was zoned Open Rural, which allowed for farming, cattle raising, limited residential on low density lots and other rural uses; and
WHEREAS, in 1991, the City, through the state mandated comprehensive planning process set forth in Chapter 163, Florida Statutes, adopted the 1990 Comprehensive Plan and approved corresponding, complimentary zoning districts in the Zoning Code which amended the Open Rural zoning district to the zoning district now known as Rural Residential Acre; and
WHEREAS, due to the rural and rustic nature of Black Hammock Island, which is in great contrast to the urban and suburban residential zoning districts in the greater Jacksonville area, residents have constructed fences in and along their front yard boundaries for safety and security; and
WHEREAS, there was no restriction on the height of front yard fences in the Open Rural zoning district when many of the fences were constructed, but currently the Rural Residential Acre zoning district is limited by the provisions of Section 656.402 of the Zoning Code; and
WHEREAS, the Council recognizes the unique character and history of Black Hammock Island and finds that front yard fences up to six (6) feet in height and not more than 50% opacity are appropriate within the limited confines of Black Hammock Island and desire to create an overlay to acknowledge the local character and historical integrity of the area without having an adverse impact on the quality of life and aesthetic appeal of the area; now therefore
BE IT ORDAINED by the Council of the City of Jacksonville:
     Section 1.      Findings Adopted. The Council hereby adopts the above findings and incorporates them herein by reference. 
Section 2.      Creating a new Section 656.399.50 (Black Hammock Island Overlay), Chapter 656 (Zoning Code), Ordinance Code.
A new Section 656.399.50 (Black Hammock Island Overlay), Chapter 656 (Zoning Code), Subpart Q, Ordinance Code, is hereby created to read as follows:
CHAPTER 656. ZONING CODE
* * *
SUBPART Q. BLACK HAMMOCK ISLAND OVERLAY
* * *
     Sec. 656.399.50.     Black Hammock Island Overlay. The Council finds that permitting fences greater than four (4) feet of height in the required front yard of residentially zoned districts on Black Hammock Island is appropriate and justified based on the local character and historical integrity of the area subject to certain limitations enumerated below. The maximum height of a fence located within the required front yard in the Black Hammock Island Overlay is six (6) feet in height provided that the fence is not more than 50 percent opaque. The Black Hammock Island Overlay area is visually depicted in Exhibit 1 and generally described as the area west of the Atlantic Ocean, South of the Nassau County line, and east of Cedar Point Road.  This provision shall specifically supersede any other provisions in Chapter 656.
Section 3.      Adopting Overlay Map and providing for publication. The Council hereby adopts the Black Hammock Island Overlay as depicted in Exhibit 1 attached hereto and directs the Planning and Development Department to publish the Black Hammock Island Overlay map on the City of Jacksonville Website with a copy of this Ordinance, as enacted.
     Section 4.      Effective Date.  This ordinance shall become effective upon signature by the Mayor or upon becoming effective without the Mayor's signature.

Form Approved:

__/s/ Paige Hobbs Johnston
Office of General Counsel
Legislation Prepared By:   Paige Hobbs Johnston

G:\SHARED\LEGIS.CC\2014\Ord\Holt Black Hammock Overlay.doc
The city zoning ordinances dictate the broader parameters of development on the island, a very unique community within a metropolitan city's limits:

The waterfront land in the northeast corner of Jacksonville offers spectacular views of adjoining Pumpkin Hill Creek marshes and the scenic property of the Timucuan Ecological and Historical Preserve. The Timucuan surrounds Black Hammock Island with some of Florida's most sensitive and prized public preservation and parks land.

The project alarms the National Park Service and various environmental groups. They fear allowing the homes—no matter how pricey or attractive they might be—would disrupt or threaten pristine surroundings secured by millions in tax dollars for the public's benefit. (“Black Hammock…”)

The expansion of 140 homes into land abutting managed wildlife areas—including properties operated by the National Park Service, the City of Jacksonville, and the State of Florida—would have adverse effects on public recreation and local wildlife, which rely on the wetlands of the region for their very existence. It would also be an affront to a way of life, to a place where multi-generational families have lived together for decades in a bucolic agricultural community (Soergel).

The Northeast Florida chapter of the Sierra Club has, in recent years, worked to coordinate efforts to maintain the integrity of the community and to keep the current policies that restrict widespread development on the land.