HomeMy WebLinkAboutDocumentation_Environmental Advisory Committee_Tab 02_12/13/2023Agenda Item #2.
Environmental Advisory Committee (EAC)
STAFF MEMO
Meeting:Environmental Advisory Committee (EAC) - Dec 13 2023
Staff Contact:Jay Hubsch Department:Community Development
TITLE
Living Shorelines Presentation and Consideration of Code Update
SUMMARY:
At the May 30, 2023, Village Council Workshop, Joseph Chaison the Executive Director of the Jupiter
Inlet District gave the Council a presentation about living shorelines. The presentation highlighted
efforts the Inlet District has undertaken with living shorelines. After the presentation, Village Staff also
highlighted that the Town of Jupiter has adopted a code that requires the installation of certain
elements of living shorelines when repairing, replacing, or installing new bulkheads or revetments.
The Village Council directed Village Staff to start working on a draft code that would be similar to
Jupiter's Code. The Village's new Community Development staff would like to workshop living
shorelines with the EAC prior to drafting the code. Attached is the presentation Joseph Chaison gave
to the Village Council as well as Jupiter's Living Shorelines code. Village staff will provide an
additional presentation at the EAC meeting on December 13th.
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-
768-0443.
BUDGET INFORMATION:
BUDGET AMOUNT n/a AMOUNT AVAILABLE n/a EXPENDITURE AMOUNT: n/a
FUNDING SOURCES: n/a IS THIS A PIGGYBACK:
Yes N/A
DID YOU OBTAIN 3 QUOTES?
Yes N/A
COMMENTS/EXPLANATION ON SELECTION n/a
ATTACHMENTS:
Jupiter Inlet District Presentation
Town of Jupiter Living Shorelines Code
Page 6 of 47
Agenda Item #2.
Page 7 of 47
Agenda Item #2.
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Jupiter Inlet District
Tequesta Village Council Workshop
May 30, 2023
Agenda Item #2.
HB 1141 Section 3. (a)
May 25, 2000
Page 9 of 47
Agenda Item #2.
Page 10 of 47 District Boundaries 92 sq.mi.
Ad Valorem Tax
FY 2022/23 Millage 0.0818
Agenda Item #2.
Page 11 of 47
JID 2013 Shoreline Assessment
Agenda Item #2.
Page 12 of 47
Agenda Item #2.
5ĻƭźŭƓ hǝĻƩǝźĻǞ
Address chronic erosion and
eliminate impacts to existing
aquatic resources
Series of (11) low-crested
limestone breakwaters
Fixed timber observation pier
(1425 SF)
Modified the design post
award to avoid sea grasses
identified pre-construction
Living Shoreline (Spartina
patens and Spartina
Page 13 of 47
alterniflora)
Volunteer Red Mangrove
planting event
Agenda Item #2.
Bedding Stone with Geotextile fabric
with structural grid foundation
Bank and Shore Armor Stone (514
tons)
Page 14 of 47
35 feet long. 12
piles (42 EA)
Environmental controls maintained
Agenda Item #2.
Florida Natives Nursery
Spartina Patens (above MHW)
Spartina Alterniflora (below MHW)
Open grated deck (Fibergrate)
ADA drop handrails with composite
Page 15 of 47
All 316 stainless hardware
Hurricane tie downs
Agenda Item #2.
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Agenda Item #2.
Thank You.
Page 17 of 47
Agenda Item #2.
Subpart B -LAND DEVELOPMENT REGULATIONS
Chapter 27 - ZONING
ARTICLE XI. - SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 25. MARINE FACILITIES
1
DIVISION 25. MARINE FACILITIES
Sec. 27-2623.Intent.
The regulations and requirements of this division are intended to protect, preserve, and enhance the natural
shoreline, marine ecosystems, and to ensure navigation of the waterways of the town by regulating and requiring
permits for docks, boat lifts, mooring spaces, mooring pilings, installation of bulkheads and revetments, and all
other marine associated structures. The intent of these regulations is to provide a balance between the impacts of
marine facilities and the natural environment by requiring buffer zones of native vegetation, including mangroves.
(Code 1992, § 27-1396; Ord. No. 10-88, § 604.1, 3-1-1988; Ord. No. 20-02, § 3, 10-15-2002; Ord. No. 2-07, § 3, 5-
15-2007; Ord. No. 18-08, § 2, 10-7-2008; Ord. No. 4-15 , § 4, 6-16-2015)
Sec. 27-2624. Shoreline stabilization.
These shoreline stabilization regulations apply to all properties within the town which are located adjacent to
tidal waters.
(1) Existing permitted bulkheads may be replaced provided the location of the new bulkhead is within 18
inches waterward of an existing permitted bulkhead or landward.
a. Replacement bulkheads constructed in the same location or landward of an existing bulkhead
may be replaced.
b. Replacement bulkheads constructed waterward of an existing bulkhead shall only be permitted
one time, as of June 16, 2015. After the one-time extension waterward is permitted, a
replacement bulkhead shall be constructed in the same location or landward of the existing
bulkhead.
c. If the top of the new bulkhead extends higher than three feet above the elevation of the mean
high water line, then 100 percent of the bulkhead shall be faced with riprap or mangroves in
accordance with the regulations set forth in subsections (5) or (6) of this section. Properties
designated on the shoreline exemption map (Figure 1) shall be exempt from installing riprap or
mangroves. The exemption only applies to that portion of the property at the mouth of the canal
as shown on the shoreline exemption map and shall not apply to the portion of property along
the natural waterway.
d. In lieu of a replacement bulkhead, a revetment may be constructed to replace an existing
bulkhead in accordance with subsection (7) of this section.
(2) Existing unpermitted bulkheads may be replaced provided the new bulkhead is within 18 inches
waterward of an existing bulkhead or landward.
a. Replacement bulkheads constructed in the same location or landward of an existing bulkhead
may be replaced.
1
State law reference(s)—Florida Vessel Safety Law, F.S. ch. 327.
Jupiter, Florida, Code of Ordinances Created: 2023-05-03 14:19:59 \[EST\]
(Supp. No. 14)
Page 1 of 9
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Agenda Item #2.
b. Replacement bulkheads constructed waterward of an existing bulkhead shall only be permitted
one time, as of June 16, 2015. After the one-time extension waterward is permitted, a
replacement bulkhead shall be constructed in the same location or landward of the existing
bulkhead.
c. At least 50 percent of the bulkhead shall be faced with riprap or mangroves waterward of the
new bulkhead in accordance with the regulations set forth in subsections (5) or (6) of this section.
Properties designated on the shoreline exemption map (Figure 1) are not required to install
riprap or mangroves. This exemption only applies to that portion of the property located at the
mouth of the canal as shown on the shoreline exemption map and shall not apply to the portion
of property along the natural waterway.
d. If the top of the new bulkhead extends higher than three feet above the elevation of the mean
high water line, then 100 percent of the bulkhead shall be faced with riprap or mangroves in
accordance with the regulations set forth in subsection (5) or (6) of this section. Properties
designated on the shoreline exemption map (Figure 1) are not required to install riprap or
mangroves. This exemption only applies to that portion of the property located at the mouth of
the canal as shown on the shoreline exemption map and shall not apply to the portion of
property along the natural waterway.
e. A toe wall to hold in riprap may be required where the water depths adjacent to the bulkhead
are too deep.
f. Existing bulkheads constructed of wood or other degradable materials shall be removed prior to
completion of the replacement shoreline stabilization structure.
g. In lieu of a replacement bulkhead, a revetment may be constructed to replace an existing
bulkhead in accordance with subsection (7) of this section.
h. A property owner who provides a dated survey or historical aerial documenting that a bulkhead
existed prior to December 20, 2005, shall not be required to install riprap or mangroves, provided
the new bulkhead does not extend higher than three feet above the elevation of the mean high
water line.
(3) Existing revetments, either permitted or unpermitted, may be replaced with a new bulkhead or
revetment provided they meet the following standards:
a. Bulkheads.
1. The setback shall be five feet from the jurisdictional line of the state, or the mean high
water line, whichever is more landward. In those areas where an existing principal building
is set back less than 50 feet to the jurisdictional line of the state, or the mean high water
line, whichever is more landward, the setback may be reduced. The setback reduction shall
be equal to ten percent of the distance between the existing principal building and the
jurisdictional line of the state or mean high water line, whichever is more landward. In no
case shall the setback be less than one foot.
2. One hundred percent of the bulkhead shall be faced with riprap or mangroves waterward
of the new bulkhead in accordance with the regulations set forth in subsections (5) or (6) of
this section.
3. Properties designated on the shoreline exemption map (Figure 1) shall not be required to
install riprap or mangroves. This exemption only applies to that portion of the property at
the mouth of a canal as shown on the shoreline exemption map and shall not apply to that
portion of the property along the natural waterway.
Created: 2023-05-03 14:19:59 \[EST\]
(Supp. No. 14)
Page 2 of 9
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Agenda Item #2.
4. A toe wall to hold in riprap may be required where water depths adjacent to the bulkhead
are too deep.
b. Revetment.
1. Shall be constructed in the same place as the existing revetment.
2. An existing revetment which was constructed with loose boulders, rocks, or clean concrete
rubble with no exposed reinforcing rods or protrusions may remain and riprap may be
placed over top of the existing materials.
3. A revetment constructed of material not consistent with loose boulders, rocks, or clean
concrete rubble with no exposed reinforcing rods or protrusions shall be removed prior to
replacement.
4. Mangroves shall be planted in accordance with the regulations set forth in subsections (5)
or (6) of this section.
(4) Existing unarmored shorelines may be armored with a new bulkhead or revetment provided they meet
the following standards:
a. Bulkheads.
1. The setback shall be five feet from the jurisdictional line of the state, or the mean high
water line, whichever is more landward. In those areas where an existing principal building
is set back less than 25 feet to the jurisdictional line of the state, or the mean high water
line, whichever is more landward, the setback may be reduced. The setback reduction shall
be equal to 20 percent of the distance between the existing principal building from the
jurisdictional line of the state or mean high water line, whichever is more landward. In no
case shall the bulkhead setback be less than one foot.
2. One hundred percent of the bulkhead shall be faced with riprap or mangroves waterward
of the new bulkhead in accordance with the regulations set forth in subsections (5) or (6) of
this section.
3. Properties designated on the shoreline exemption map (Figure 1) shall not be required to
install riprap or mangroves. This exemption only applies to that portion of a property at the
mouth of the canal as shown on the shoreline exemption map and shall not apply to that
portion of a property along the natural waterway.
4. A toe wall to hold in riprap may be required where the water depths adjacent to the
bulkhead are too deep.
b. A riprap revetment may be constructed in accordance with the regulations set forth in subsection
(7) of this section.
(5) These regulations shall apply when riprap is required to be installed with the construction of a
bulkhead:
a. Existing mangroves on the property shall count towards meeting the percentage of shoreline
requirement.
b. Riprap shall be placed such that the bottom 50 percent of the bulkhead is covered, and sloped at
a maximum two to one, vertical to horizontal ratio. At no point shall riprap extend more than
eight feet waterward of the mean high water line or jurisdictional line of the state. Riprap placed
waterward of bulkheads does not require filter cloth.
c. Within two years of the final inspection of the bulkhead or riprap, mangroves shall be established
on at least ten percent of the shoreline faced with riprap.
Created: 2023-05-03 14:19:59 \[EST\]
(Supp. No. 14)
Page 3 of 9
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Agenda Item #2.
d. If, after two years from the final inspection, less than ten percent of the shoreline faced with
riprap contains mangroves, then 20 percent of the shoreline shall be planted with mangroves.
The mangroves to be planted shall meet the standards of subsection (6)c of this section. If some
mangroves have been established, but the minimum requirement of ten percent has not been
met, staff may grant a one-year extension to the monitoring period.
(6) These regulations shall apply when riprap is required to be installed with the construction of a
bulkhead and the property owner elects to plant mangroves along the shoreline as an alternative to
riprap.
a. Fifty percent of the face of the required riprap shall be planted with mangroves waterward of the
bulkhead. For example, if 50 percent riprap is required to face the bulkhead, then only 25 percent
mangroves are required.
b. Existing mangroves shall count towards meeting the percentage of shoreline requirement.
c. Following an inspection of the bulkhead or the installation of mangroves, the property owner
shall submit a mangrove planting plan to the town, and it shall be subject to the review and
approval of the natural resources coordinator.
1. The mangrove planting plan shall include;
(i) The species of mangroves appropriate given the location;
(ii) The size, species, number, and spacing of mangroves to be planted;
(iii) The identification of the location of at least two photo stations which shall be
the designated photo stations from which photos will be provided for each
monitoring report;
(iv) Photos clearly showing the mangrove plantings in their entirety;
(v) The location of bulkheads, docks or other structures relative to plantings.
2. The property owner shall submit a time zero monitoring report to the town within 30 days
from the town's initial inspection, marking the beginning of the monitoring period.
3. The property owner shall monitor the mangroves annually for survivability for five years.
On or before the anniversary date of the annual time zero report each year, the property
owner shall submit at least two photographs taken from each of the designated photo
stations and submit these photos to the town for its review and approval. The report shall
also identify the number and location of the mangroves which have been planted. If less
than 80 percent of originally planted mangroves have survived, the property owner shall
replant the number of mangroves which have expired. If photographs are not received by
the required date, an inspection will be conducted by natural resources in order to inspect
the condition of the mangroves.
4. The town may require that hand placed riprap be installed to support the growth of
mangroves which have been planted in high wave energy areas.
(7) A riprap revetment may be constructed, extending to the midpoint of the littoral zone, between the
mean high and mean low water mark. Riprap shall be hand placed over a filter cloth with a minimum
30-year lifespan designed to retain soils while allowing water to flow through. Mangroves shall be
planted or established in accordance with the regulations set forth in subsections (5)c and (5)d of this
section.
Created: 2023-05-03 14:19:59 \[EST\]
(Supp. No. 14)
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Agenda Item #2.
(8) The maximum height to the top of a new bulkhead shall be equal to or below a property's required
base flood elevation as recorded on the current Federal Emergency Management Agency special flood
hazard maps. Exemptions:
a. Properties east of the Coast Construction Control Line established pursuant to F.S. § 161.053.
b. For those properties where buildings abut the Riverwalk, the above requirement may be waived
if the height difference between the bulkhead and adjacent building on the Riverwalk would
create a slope between the bulkhead and the building that does not meet minimum Americans
with Disabilities Act slope requirements.
(9) In the event a jurisdictional agency requires a permit for the placement of riprap within their
jurisdiction, but will not issue the permit, then the property shall be exempt from providing riprap in
the jurisdictional area.
(10) Where the placement of riprap or mangroves would reduce the width of a canal to less than 40 feet,
the property owner shall not be required to install riprap or mangroves.
(11) Where the placement of riprap would result in the destruction of sea grasses, the property owner shall
not be required to install riprap or mangroves. The property owner must submit a sea grass study, not
more than six months old, documenting the location of the sea grasses.
(12) A new bulkhead may be constructed where there has been severe erosion creating a public safety
issue, such as that which may occur as the result of a natural disaster. The construction of the new
bulkhead is subject to the approval of any agency with jurisdiction and a finding by the director of
planning and zoning that the bulkhead will not adversely impact environmental resources and that no
other means of stabilization is feasible.
Figure 1. Shoreline Exemption Map
(Code 1992, § 27-1397; Ord. No. 10-88, § 604.2.A, 3-1-1988; Ord. No. 20-02, § 4, 10-15-2002; Ord. No. 35-05, § 4,
12-20-2005; Ord. No. 2-07, § 4, 5-15-2007; Ord. No. 18-08, § 3, 10-7-2008; Ord. No. 4-15 , § 5, 6-16-2015)
Created: 2023-05-03 14:19:59 \[EST\]
(Supp. No. 14)
Page 5 of 9
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Agenda Item #2.
Sec. 27-2625.Marinas.
(a) Marinas are defined as facilities intended to provide dockage or secure mooring for marine vessels, and are
permitted as special exceptions in Agricultural Districts (A-1), Rural Residential Districts (R-R), Residential,
Limited Multifamily Districts (R-3), U.S. One/Intracoastal Waterway Corridor Zoning Districts (US1/ICW),
Commercial, General Districts (C-2), Industrial, General Districts (I-2), and Inlet Village Zoning Districts (IV)
and as an approved portion of a Large-Scale Planned Unit Development District (PUD). Standards for dock
structures in marinas shall be established on a case by case basis as part of the review and approval of a
special exception by the town council.
(b) Ancillary uses associated with marina operations, such as fueling, repairs and maintenance, hauling and
storage, retail sales and yacht club facilities, including restaurant and/or lounge, may be permitted within
certain zoning districts as indicated below:
(1) In Agricultural Districts (A-1), Rural Residential Districts (R-R), Residential, Limited Multifamily Districts
(R-3), only fueling may be allowed as an ancillary use if approved as part of the special exception. Live
aboard accommodations are not permitted in these districts.
(2) In U.S. One/Intracoastal Waterway Corridor Zoning Districts (US1/ICW), Commercial, General Districts
(C-2), Industrial, General Districts (I-2), and Inlet Village Zoning Districts (IV) and approved Large-Scale
Planned Unit Development Districts (PUD), all ancillary uses listed above may be allowed. Marinas
offering permanent, seasonal or transient live aboard accommodations shall provide hook-up service
to approved on-shore wastewater treatment systems and potable water sources.
(Code 1992, § 27-1398; Ord. No. 10-88, § 604.2.B, 3-1-1988; Ord. No. 20-02, §§ 5, 6, 10-15-2002; Ord. No. 35-05, §
5, 12-20-2005; Ord. No. 4-15 , § 6, 6-16-2015)
Sec. 27-2626. Private dock regulations.
(a) Individual private docks, for the exclusive use of an adjacent residential unit, are permitted as an accessory
use in all residential districts. The mooring of commercial vessels is prohibited in all residential districts. A
single private dock for the exclusive use of a commercial building may be permitted as an accessory structure
in all commercial districts provided the dock serves only the occupants of the commercial building. A dock
that has more than two boat mooring spaces shall be considered a marina.
(b) In addition to the regulations set forth within the district in which the use is located, the following minimum
regulations shall apply:
(1) No dock, boat mooring space, or mooring pilings shall be built out into a natural waterway by more
than 50 feet from the mean high water line; nor shall any dock, boat mooring space, or mooring pilings
exceed 20 percent of the natural waterway width, whichever is less. The above regulation may be
waived by the planning and zoning director for docks, boat mooring spaces, or mooring pilings to be
located in bodies of water in which other agencies also have regulatory jurisdiction and have
permitting conditions which allow projections into the natural waterway that are greater than the
above maximums, provided that the greater extension does not adversely impact navigation, safety,
environmental resource protection, or other similar concerns. In order to qualify for the issuance of a
building permit for a dock, boat mooring spaces, or mooring pilings, the applicant must submit with the
application a signed and sealed survey showing the location of the proposed improvements. The survey
must not be more than six months older than the date of the application for a permit, must accurately
depict that the single-family lot or duplex lot, which is the subject of the permit application, extends to
the mean high water line, or must reflect that the landowner has riparian rights attached to the
uplands for which each landowner holds title.
Created: 2023-05-03 14:19:59 \[EST\]
(Supp. No. 14)
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Agenda Item #2.
(2) Docks which are located on or upon any manmade surface waters (i.e., lakes, retention ponds, or
canals), boundaries of such manmade surface waters being totally within a residential area, shall not
project more than five feet or ten percent of the width of the waterway, whichever is greater nor
extend nearer than the side setback required for the district within which the property is located. In
manmade surface waters, boat mooring spaces may project up to 25 percent of the width of the
waterway. In order to qualify for the issuance of a building permit for a dock, boat mooring spaces, or
mooring pilings, the applicant must submit with the application a signed and sealed survey showing the
location of the proposed improvements. The survey must not be more than six months older than the
date of the application for a permit, must accurately depict that each single-family lot or duplex lot
extends to the mean high water line which is the subject of the permit application or must reflect that
the landowner has riparian rights attached to the uplands for which each landowner holds title.
(3) Shared private docks may be permitted on two contiguous, single-family, or duplex lots located on
either a natural waterway, or a manmade surface water, provided that the single-family lot
landowners, and the duplex lot landowners, submit a legally sufficient mutual dock maintenance and
cross access easement agreement, that is in a form which is legally sufficient to the town attorney and
which is approved for consistency with these regulations by pertinent town staff. The mutual dock
maintenance and cross access easement agreement shall be recorded in Palm Beach County, Florida at
the sole expense of the applicant, and the applicant shall provide the town with a certified copy of the
recorded instrument. In order to qualify for the issuance of a building permit for a shared dock, each
landowner of a single-family lot and each landowner of a duplex lot who are proposing to share a
private dock, must have ownership rights to the property which extends to the mean high water line,
or must have legally documentable riparian rights that are attached to the uplands for which each
participating landowner holds title. The shared private dock shall be considered the one dock allowed
for each lot. No additional docks shall be permitted.
(4) Dock access walkway shall not exceed four feet in width.
(5) In natural waterways, the terminal platform or marginal dock shall have a maximum area of 200 square
feet. If the dock is constructed over known sea grass beds, the terminal platform or marginal dock shall
have a maximum area of 160 square feet. In manmade canals, marginal docks may exceed 200 square
feet, provided they meet the required side setbacks and do not adversely impact or encroach upon
natural resources.
(6) No dock, boat lift mooring space, mooring piling, davit, other mooring facility, or floating structure (i.e.,
dock, walkway, floating vessel platform, etc.) shall be located nearer to the side lot line than the side
setback required for the district within which the property is located as measured from a line that
extends out from the side property lines into the waterway or canal. Except for boats moored in the
inside corner of a canal, boats may be moored without a setback to the extensions of a property's side
property line, but no part of the boat shall overhang the vertical plane created by a side property line's
extension into the waterway or canal. Boats moored in the inside corner of a canal shall meet the same
setbacks as a dock-related structure.
a. Where the extension of the side property lines converge within a waterway, the director of
planning and zoning may grant a waiver or reduction to the required setback for docks, boatlifts,
or boat mooring spaces to ensure that a property owner has reasonable access to a navigable
channel. The director's approval of a waiver may be permitted provided all of the following are
met:
1. Other jurisdictional agencies having permitted the proposed dock, boat mooring space,
mooring piling, davit, other mooring facility, or floating structure with reduced setbacks,
based on using alternativfddeee methods of calculations for setbacks;
Created: 2023-05-03 14:19:59 \[EST\]
(Supp. No. 14)
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Page 24 of 47
Agenda Item #2.
2. Documentation is provided to the department that written notification was sent to the
affected neighboring property owners making them aware of the setback waiver.
b. In order to qualify for a building permit for a dock, boat mooring spaces, or mooring pilings, the
applicant shall submit with the building permit application:
1. A signed and sealed survey, not more than six months older than the date of the
application for a permit, indicating; the location of the proposed improvements; the
location of the mean high water line; and shall reflect that the landowner has riparian
rights attached to the uplands for which the landowner holds title.
2. A copy of a permit from the Florida Department of Environmental Protection, U.S. Army
Corps of Engineers, or South Florida Water Management District.
(7) The side setback for docks on natural waterways and manmade surface waters may be waived by the
planning and zoning director, where two contiguous single-family or duplex lots, which qualify under
the provisions of this Code, are permitted to share one dock (See subsection (b)(3) of this section) and
its associated mooring spaces, boat lift, and pilings. The above setback waiver may apply to docks,
mooring spaces, boat lifts, and pilings which are associated with each individual portion of the shared
dock under the specific use of each single-family or duplex lot. All other setback requirements for the
district that are not related to the location of the dock still apply.
(8) Any T or L terminal platform shall have a maximum length of 20 feet and shall not project into the side
setback required for the district within which the property is located. A U-shaped terminal platform
may be allowed for shared docks. The U-shaped terminal platform shall also be limited to a maximum
length of 20 feet.
(9) No more than one dock per lot shall be permitted in an Residential, Single-Family District (R-1) or
Residential, Single-Family-Duplex District (R-2), except in an approved Large-Scale Planned Unit
Development District (PUD). No dock shall be permitted with more than two boat mooring spaces. One
boat lift plus one personal watercraft lift shall be allowed per dock in an Residential, Single-Family
District (R-1) or Residential, Single-Family-Duplex District (R-2). The personal watercraft lift shall have
no more than a 3,000 lb. lift capacity, and shall be limited to two mooring pilings. In lieu of two
personal watercrafts, a property owner may store one small boat on the personal watercraft lift,
provided the boat does not have a permanent rigid canopy structure (i.e., T-top, tower, or shade
structure) extending above the boat's gunwale. A small boat that is stored on the personal watercraft
lift, shall retract, lower, or remove any shade structures. Two personal watercrafts may be stored on
one personal watercraft lift at one boat mooring space. If two contiguous, single-family and/or duplex
lots, that qualify under the provisions of subsection (b)(3) of this section, share one permitted dock and
its associated mooring spaces, boat lift, and pilings, each individual property owner may be permitted
to have one boat lift and one personal watercraft lift on the portion of the dock that benefits each
individual lot owner.
(10) Except for rectangular shaped, T-shaped and L-shaped docks, and shared docks approved with U-
shaped terminal platforms, no other configuration shall be allowed, unless another configuration is
approved by the director of planning and zoning as being beneficial for navigation, safety, or
environmental resources protection.
(11) Docks, boat lifts and personal watercraft lifts in canals shall be parallel to the bulkhead in order to
promote parallel mooring. The director of the planning and zoning department may permit another
configuration provided it is determined that the configuration would be beneficial for navigation,
safety, environmental resources protection, or views.
(12) If there is documentation of known sea grass beds that would be directly impacted by the construction
of the dock, the following regulations shall be applied. Height of pier shall be a minimum of five feet
Created: 2023-05-03 14:19:59 \[EST\]
(Supp. No. 14)
Page 8 of 9
Page 25 of 47
Agenda Item #2.
above MHW as measured from the top of surface of the decking. Material used to construct the
walkway surface shall be no wider than eight inches and shall be spaced a minimum of one-half inch
apart.
(13) Nighttime reflectors shall be affixed to any dock, mooring piling, or davit and elevator structures
extending more than five feet into any waterway. Three reflective devices shall be installed above the
established mean high water line on each side of all of the mooring pilings. The intent is to provide
three devices facing both directions of the waterway.
(14) Covered boat lifts and docks are not permitted. Boat lifts shall not be modified (i.e., installation of
decking, planking, etc.) to serve any other use than for the purpose of elevating a boat or vessel out of
the water. There shall be no mooring of any vessel on the waterward side of a boat mooring space.
(15) At all times, the minimum centerline channel width of 50 percent of the waterway width must remain
unobstructed. Where the 50 percent cannot be met, alternative solutions may be approved by the
director of planning and zoning provided a 15-foot channel is maintained. Alternative solutions shall be
evaluated based on the proximity of adjacent, existing and future marine facilities, the proximity of
natural ecosystems and resources, and the navigability of a waterway in order to provide adequate
setbacks that are equitable to adjacent properties.
(16) A four-foot dock walkway is allowed to pass through the rear setback area in order to connect with a
deck, patio or sidewalk.
(17) The re-decking of any portion of a private dock, even if it is in the same configuration and in the same
location of an existing, permitted dock, shall require a building permit.
(Code 1992, § 27-1399; Ord. No. 10-88, § 604.3, 3-1-1988; Ord. No. 20-02, § 7, 10-15-2002; Ord. No. 35-05, § 6, 12-
20-2005; Ord. No. 2-07, § 5, 5-15-2007; Ord. No. 18-08, § 4, 10-7-2008; Ord. No. 4-15 , § 7, 6-16-2015; Ord. No. 21-
16 , § 2, 10-20-2016; Ord. No. 14-17 , § 2, 9-19-2017)
Secs. 27-2627—27-2645. Reserved.
Created: 2023-05-03 14:19:59 \[EST\]
(Supp. No. 14)
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