§ 62-2118. Residential boat docks and piers.

(a)

Purpose and intent. The provisions of this section are intended to regulate the size and location of boathouses, docks and piers located in canals, public drainage easements and drainage rights-of-way in all residential zoning classifications in the unincorporated areas of the county. This section also provides minimum structural standards for the construction of residential boat docks and piers.

(b)

Definitions. For purposes of this section:

(1)

Boathouse means a structure built at the water's edge used for storing boats, which may extend from a seawall or the shore over the water. A boathouse has a roof, and is partially or totally enclosed by sides.

(2)

Covered boat dock means a structure built at the water's edge used for storing boats, which may extend from a seawall or the shore over the water. A covered boat dock has a roof, but shall be neither partially nor totally enclosed by sides of any type.

(3)

Canal means a manmade or artificially improved natural waterway at least 80 feet in width which may be used for navigation or drainage.

(4)

Dock and pier mean a platform extending from a seawall or the shore which is used to secure or provide access to boats. A dock or pier is supported by piles or pillars and has no sides or roof.

(5)

Drainage easement or right-of-way means a stream or a manmade or artificially improved natural waterway less than 80 feet in width which has been accepted by the county and recorded as such.

(c)

Required permits; site plan.

(1)

A dock permit, if applicable, shall be obtained from the Army Corps of Engineers. The Army Corps of Engineers must also approve any excavation done in conjunction with the construction of a boat dock or pier. In cases where a canal may come under state jurisdiction, permits may also be required from the state department of environmental regulation and department of natural resources.

(2)

Prior to the issuance of a building permit for a boat dock or pier, a site plan showing the location of the proposed construction in relation to the existing structures on the site or lot shall be submitted to the public works department for approval when the boat dock or pier is proposed to be built in a public drainage easement or drainage right-of-way. In cases where the public works director determines that the proposed dock or pier may interfere with the primary function of the drainage easement or right-of-way, the applicant may be required to obtain approval from the board of county commissioners.

(3)

A building permit shall be obtained for the construction of a covered boat dock, boat dock or pier located in canals, drainage easements and drainage rights-of-way in the unincorporated areas of the county. Construction of any covered boat dock, boat dock or pier must meet the minimum construction standards specified in subsection (e) of this section. In conjunction with the building permit application for a covered boat dock, boat dock or pier, the applicant shall submit a site plan bearing the approval of the public works department or the board of county commissioners as described in subsection (c)(2) of this section.

(d)

General requirements.

(1)

A boat dock, covered boat dock or pier shall be an accessory use in all residential zoning classifications in the unincorporated areas of the county. Boathouses shall be prohibited from being constructed in a canal, drainage easement or drainage right-of-way in the unincorporated areas of the county.

(2)

A boat dock, covered boat dock or pier, including pilings, shall extend no closer than seven and one-half feet to the side property line, as projected in a straight line into the waterway. Where two abutting properties sharing canal frontage submit concurrent permits for dock structures, there is no minimum side setback from the shared property line for each property owner.

(3)

No boat dock, covered boat dock or pier, together with the watercraft being moored at the structure, shall project into a manmade waterway more than 20 percent of the width of the waterway or 30 feet, whichever is less, including pilings.

(4)

Docks and piers shall be no higher than the property's seawall, if any exists, or no more than three feet above the mean high-water line of the waterway if no seawall exists. No covered boat dock shall exceed 20 feet in height, as measured from the mean high-water line to the highest point of the roof of the covered boat dock.

(5)

The deck of the dock, pier, boat lift or covered boat dock, including the platform and any walkways attached to the dock, pier, boat lift or covered boat dock which extend out over the water, shall not exceed 400 square feet in size. When a covered boat dock or covered boat lift is constructed, the area under roof shall not exceed 500 square feet, and in no case shall the area defined by the deck together with the roofed area exceed 600 square feet.

(e)

Construction standards. In conjunction with all building permit applications, the applicant shall submit two copies of plans and specifications, drawn to scale, with sufficient clarity and detail to indicate the nature and character of the work. The design, construction, alteration and repair of the superstructure of residential boat docks and piers shall conform to the provisions of the Standard Building Code, as adopted by the board of county commissioners. Pile dimensions, spacing and embedment shall be designed according to accepted engineering practices.

(f)

Final survey. Upon completion of the boat dock or pier, a final survey prepared and certified by an engineer or surveyor registered in the state, showing the as-built location and depicting compliance with the minimum setback requirements for the boat dock or pier, shall be submitted to the county building division for final approval.

(g)

Maintenance. No owner of any parcel of property in the unincorporated area of the county shall permit any boat dock or pier located on or contiguous to his property to become dilapidated, deteriorated, structurally unsound, or a safety hazard, or otherwise be in violation of this chapter.

(Code 1979, § 14-20.44; Ord. No. 2009-22, § 1, 8-18-09)