§ 62-1943.3. Private boat docks accessory to adjacent single-family residential lots.

A private boat dock, for the purposes of this section, is a boat dock that is used in connection with a waterfront lot or parcel which may be undersized for the residential zoning classification in which it is located, and is therefore associated with and considered part of an adjacent residential lot. The term adjacent , for the purposes of this section, means any lot within the same neighborhood as described below in paragraph (1).

A conditional use for a private boat dock on a waterfront lot or parcel may be considered as an accessory use to an adjacent developed or undeveloped buildable residential lot in any residential zoning classification under the following conditions. Owners of docks established prior to November 17, 2008, as evidenced by a certified survey or other irrefutable evidence, may request a waiver of any of the below conditions as part of the conditional use permit review process.

(1)

The lot or parcel upon which the dock is to be constructed must be owned and used by the owner of a residential lot or parcel (or residential tenant of said lot or parcel) located within either the same platted subdivision or within 1,000 feet of the dock parcel. The owner of the dock lot or parcel and the residential lot shall maintain fee simple ownership to both properties at all times.

(2)

The lot or parcel shall have at least 30 feet of water frontage, except where located on the Indian or Banana River Lagoons, where it shall have river frontage equal to or exceeding the minimum lot width requirement of the parcel's zoning classification.

(3)

The boat dock may contain slips for no more than two boats and shall not be used for commercial purposes.

(4)

No other accessory structures are permitted on the dock lot or parcel.

(5)

The dock lot or parcel shall not be used to store a boat trailer, nor shall it be used to launch a boat.

(6)

The dock shall meet all applicable development standards described in section 62-2118.

(Ord. No. 08-49, § 1, 11-17-08)