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Home My WebLink AboutOrdinance_298_05/26/1981_. r i 4 , ~; : ORDINANCE N0.29$ AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA, AANIENDING THE ZONING ORDINANCE OF THE VILLAGE, ORDIIANCE NO. 211, SO AS TO PROVIDE FOR A UNIFORM WATERWAY CONTROL ORDINANCE WITHIN THE VILLAGE; PROVIDING FOR JURISDICTION; PROVIDING FOR DEFINI- TIONS; PROVIDING FOR THE REGULATION OF DOCK AND PIER LENGTH,. WIDTH AI1D CONFIGURATION; PROVIDING FOR REGULATIONS ON CONlI~IEP.CIAL DOCKS, BOATHOUSES, ~ ANCHORING OR P~IOORING OF VESSELS, AND REFUSE AND DISCHARGE FROP1 VESSELS; PROVIDING A PROCEDURE AND GUIDELINES FOR VARIANCES FROM THE TERMS OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING ~ FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, as follows: Section 1. JURISDICTION - The Zoning Ordinance of the Village of Tequesta, Florida, Ordinance No. 211, is hereby amended as set forth herein to provide for the regulations described herein within the public waters of the State of Florida, comprising the Loxahatchee River and the Intracoastal Waterway and all creeks, ', canals or waterways or tributaries connected therewith, located within the geographical boundaries of-the Village of Tequesta, Florida. Section 2. DEFINITIONS - In the construction and appli- cation of this Ordinance, the following definitions shall be employed: i (a) "Dock" means a fixed or floating structure, including moorings, used for the purpose of berthing buoyant vessels either terporarily or indefinitely, or for a finite period. (b) "Pier" means a fixed or floating structure, on or over submerged lands which is used primarily for fishing, swimming for viewing the waterway. A pier shall not include a deck. i~ (c) "Mooring piling" means a post, pillar, piling oz stake used for the purposs of berthing buoyant vessels either temporarily or indefinitely, ox for a finite period, whether or not fused in conjunction with a dock. (d) "Commercial dock" means a dock or pier which is used Ito produce income and which includes any dock or pier not described herein as a rivate d k. p oc ~! r! ,, T r __ • . (e) "Private-dock" means a dock or pier which is used for the private leisure purposes of the resident(s) of a single- family or multi-family dwelling unit located on a contiguous riparian parcel and it does not produce income. (f) "Submerged lands" means lands lying in or below the public waters of the state waterward of-the mean high water 'line. (g) "*~ean high water" means the average height of the high waters over a nineteen-year (19) period, or for shorter periods of observation, the average height of the ,high waters after corrections are applied to eliminate known variations and to produce the result of the equivalent of a mean nineteen-year (I9) value. Alternatively, mean high water may mean the average height of the high waters as established and accepted by the U. S. Army Corps of sneers. (h) "Mean low water" means the average height of the low waters over a nineteen-year (19) period, or for shorter periods of observation, the average height of the Iow waters after correc- tions are applied to eliminate known variations and to produce the (result of the equivalent of a mean nineteen-year (19) value. Alternatively, mean low water may mean the average height of the low waters as established and accepted by the U. S. Army Corps of Engineers. (i) "rdean high water line" means the intersection of the tidal plan of mean highwater with shore. (j) "Mean low water line" means the intersection of the tidal plane of mean low water with the shore. (k) "Three-foot mean low z~ater line" means the line formed by the intersection of a plane three feet below the tidal plane of mean low water with the shore. __ • • fl) "Waterway width" means, with respect to any dock. or pier to which the measure applies, the straight line distance from the point at which the center line of the dock or pier intersects the mean high water line, measured to the nearest point on the mean low water line of the opposite shore of-the waterway.,, ~~R~ 1~-ws~rr~a~nvE sKcrcN ~_ L • (b) No dock or pier area shall be constructed with a maximum width in excess of six (6) feet. (c)(i) No dock or pier shall be located less than twenty-five (25) feet from-the waterward extension of the property (line of any adjoining riparian property owner. -3 CC) i (~~i,(ST~A- 11 ~/ E 5 ICETL~-} '~~ -- ~ S ~--t \~ ~~ 1 /~ ' 1/ /~ / ,{ '~ ~ /) I/ ~` /~ 1$~ SET~AcK AREAS . I~ Inrro wt+~cN g's DocK t ~ /~ M/}Y -~IOT ~t11-T~~p ~ I~ I I _ / I ~ I 1 ~ 1 I ~ 1 r/ ~ I 1 I I I I I ~sra I it t~n~ ,~r r M~+~ f I ~~ 1 ~ ~~-~.'J l.~~la....~1 r:~~-~r~ar. r parctl Ow„~d 6•~ 8 ' 1 /G~tYf~ ~Ir'1ti f=-- :. C • i (c)(ii) Any dock or pier shall be deemed to comply with this subsection if the waterward end of the center Line of the dock or pier is equidistant from the nearest points at which the property lines of adjoining property owners. intersect the mean high water line. ~ fit=) i i l t-l-k 5 Tft f4-Ti v E 5 FC~.t"c ~} SKOH1t-Jrq SASE O~ DEEMEp COMPt-t ftr.)cG MNwI. ~re~~~ i~ ~ropi~~ 1 ~e,.u t ol-c tw-e d •o (~~y w.~-c, se--4-bar ~r~~t-mot -tt(~~,kSL. ~Qv~ ?-~11 ~ TYOy~,A ~~./ ~1 rtes ~ ' M ~~t_ • ' (d) Mooring pilings may not he located within ten (1Q) feet of the waterward extension of the property line of any adjoining riparian property owner, nor more than fifteen (15) I~feet waterward of a line perpendicular to and passing through 'I the waterward end-point of the center line of any dock used with 'the same riparian property. If more than one dock is in use with the same property, the end-point of the dock extending furthest from the mean high water line shall he used. 3 ~d~ t-t._~ST~ry-T1~/E b Ft~Tc~t . VI '~ I/ i.~ i~ I~n-~. 1 I~ I~j I / I,l'I '/ I i/! 1~ (~1 ~~ ~ i - . I~ ~ ~ I ~ 1 I. (~ I f f I ` i ~..~ i ~ ~ ~ (e) All sections or areas of any dock or pier which intersect at any angle with the main portion of a dock or pier extending from the shoreline, may not exceed a total combined length of twenty (20) feet. 3 C~ / f ~u ST2f}T~ vE s (~cETc ~{ ~~~ L /5 ~ -~~ ~a 5' ~ 1 ~.. _ 1 MNWL Y f0` 1 MttW~, ~. _ __.. (f) The total area of all docks and piers located on any riparian parcel shall not exceed four hundred twenty (420) square feet for each one hundred (100) linear feet of that parcel shoreline. ~, ~,~ .._ . • Section 4. CO1~~~~ERCIAL DOCKS - No commercial docks shall be permitted within the area to which this Ordinance applies. Section 5. BOATHOUSES OR SHELTERS - No boathouse or enclosed boat shelter shall be permitted to be located waterward of the mean high water line. Section 6. ANCHORING OR MOORING OF VESSELS - No person Ilshall anchor, moor or park in a stationary position or cause or ',permit or allow any other person under his control or command, to anchor, moor or park in a stationary position any vessel or water craft of any description used or capable of being used as a means of transportation on water, within the area to which this Ordinance applies for a period of time in excess of seventy-two (72) contin- uous hours during any consecuL-ive thirty-day (3d) period, unless such vessel is located at a dock with the consent of the owner of such dock. Section 7. DISCHARGE OF REFUSE - No person shall diseharg~ 'or permit, or-allow any other person on a vessel under his control or command, to discharge any human or animal excreta from any head, toilet or similar facility on any vessel, or throw, discharge, deposit or leave, or cause or permit to be thrown, discharged, deposited, or left from any vessel any refuse matter of any descrip- tion in to the waters located within the area to which this Ordinance applies. I Section 8. VARIANCE CRITERIA - Any person desiring a variance from the terms of this Ordinance may make application, for same to the Zoning Board of Adjustment of the Village in accordance with the procedures set forth in-the Zoning Ordinance. No variance shall be granted unless such variance will note be contrary to the public interest, and unless owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary and undue hardship. In-order to authorize any variance from the terms of this Ordinance, the Board of Adjustment m_rst find with respect to the propsed project as follows: (a) No hazardous condition would be created; " ,i (b) The flow of water would not be impeded or interfered with; (c) No obstruction to navigation would occur; (d) It would not interfere with traditional public uses of the waterway, including but not limited to swimming, fishing, or !boating; (e) It would not create an~~appreciable obstruction of Iwaterway views or would otherwise detract from aesthetic values; (f) It would not appreciably disrupt, interfere with, or distrub marine or benthic life; (g) It would not contribute to the pollution of the Ovate way or the degradation of its condition; (h) It would not interfere with the lawful rights of riparian oumers; (i) It would be consistent with any-other applicable Maws, rules or plans. Section 9. SEVERABILITY - If any section, paragraph, sentence, clause, phrase or word of this Ordinance is, for any, reason, held by the Court to be unconstitutional, inoperative or void., such holding shall not affect the remainder of this Ordinance. Section 10. CODIFICATION - The provisions of this Ordi- nance shall become and be made a part of the Code of Ordinances of .the Village of Tequesta, Florida. Section 11. EFFECTIVE DATE - This Ordinance shall take effect immediately upon its adoption and approval. THE FOREGOING ORDINANCE was offered by Councilmember ~.'arlton D. Stoddard who moved its adoption. The Ordinance was seconded by Councilmember Lee M. Brown and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Carlton D. Stoddard Lee M. Brown Thomas J. Little Gil. H. Mapes, Jr. Leslie A. Gook .. • The Mayor thereupon declared the Ordinance duly passed and adopted this 26th day of 1~,Y 1981. MAYOR OF TEQUESTA ATTEST: ~ ~~. ~~ age c1e