§ 62-2104. Boats used for residential or commercial purposes.

(a)

Boats or other floating structures being used as dwelling units or commercial establishments, not at marinas, must meet the following criteria and shall be subject to an environmental assessment by the office of natural resources management for consistency with these criteria and the policies of the conservation element of the 1988 county comprehensive plan:

(1)

The applicant shall be required to submit an application for approval, which shall be subject to a public hearing before the planning and zoning board and the board of county commissioners pursuant to section 62-1151.

(2)

The boat or floating structure must be anchored or tied at the shoreline of a specific lot, parcel or tract of land, and the owner or occupant of the boat or floating structure shall be the owner of the lot, parcel or tract of land or shall be authorized by the owner of such lot, parcel or tract of land. Authorization to the applicant by the owner of the lot, parcel or tract, if different from the applicant, shall be in writing and in a form satisfactory to the zoning director.

(3)

Where the boat or floating structure will be used for nonresidential purposes, the adjacent lot, parcel or tract of land must be properly zoned to allow for commercial or industrial use, and the location must be approved by the board of county commissioners at a public hearing; provided, specifically, however, that approval by the board of county commissioners shall not be construed as waiving any requirement for approval from any other state, local or federal agencies.

(4)

Where the boat will be used as a live-aboard, the adjacent lot, parcel or tract of land must be zoned for residential use or in a marina approved for such use. In single-family zoning classifications, a live-aboard shall not be permitted on a lot, parcel or tract of land which has an existing residential structure. In multiple-family zoning classifications, a live-aboard may be considered if it does not have the effect of increasing the overall density of the lot, parcel or tract of land over the maximum density allowed by the zoning classification.

(5)

The boat or floating structure must have a county-approved waste treatment plan as an integral part of the boat or floating structure.

(6)

Discharge of effluent or waste must be onshore and not into any water body, and any discharge or disposal shall be in accordance with the requirements of the county health department.

(7)

A letter from the office of natural resources management indicating compliance with the criteria set out in this section shall be submitted as part of the application for approval of the boat or floating structure as regulated by this section.

(b)

Boats or other floating structures being used as dwelling units or commercial establishments and not meeting the criteria set forth in subsection (a) of this section may not anchor or tie offshore in any of the waters of the county for longer than 48 hours, except at marinas.

(Code 1979, § 14-20.22)