HomeMy WebLinkAboutDocumentation_Special Meeting_Tab 01_01/26/2012 � �=x � �.
Chapter 76 WA7ERWAY CONTROL*
ARTICLE I. IN GENERAL
Sec.76-1. Jurisdiction.
The purpose of this chapter is to provide for the regulations described in this chapter within the
public waters of the state comprising the Loxahatchee River and the intracvastal waterway and
all creeks, canals or waterways or tributaries connected therewith, located within the
geographical boundaries of the village. (Ord. No. 12-10, § 1,12-9-2010)
Sec. 76-2. Dock and pier length, width and configuration.
(a) No dock or pier shall be canstructed.which extends waterward from the mean
highwater line in excess of the least of the following distances:
(1) 5eventy-five feet;
(2) Ten percent of the waterway width; or
(3) The distance from the point at which the dock or pier intersects the mean
highwater line measured in a straight iine to the nearest point on the
three-foot mean low-water line; provided, however, the foregoing
limitations shail not prohibit a dock whlch does not extend waterward
from the mean high-water fine in excess of six feet.
(b� No dock or pier area shalf be constructed with a maximum width in excess of six
feet.
(c� No dock or pier shall be located less than 25 feet from the waterward extension
of the property line of any adjoining riparian property owner.
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(d) Any dock or pier shall be deemed to comply with this section if the waterward
end of the centerline 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.
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(e) Mooring pi{ings may not be tocated within ten feet of the waterward extension
of the property line of any adjoining riparian property awners, or more than 15
feet waterward of a line perpendicular to and passing through the waterward
end-point of the cente�fine of any dock used with the same riparian property. if
more than one dock is in use with the same property, the end-point af the dock
extending furthest from the mean high-water line shall be used.
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(t� all sections or areas of any dack 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 combis�ed length of 20 f.eet.
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(g) The total area of all docks and piers located on any riparian parcel shall not
exceed 500 square #eet for each 100 linear feet of that parcel shoreline.
(h) Mooring devices such as boat lifts, davits and whips shall not be considered in
computing the required length, width and configuration of docks or piers reguiated by
this article. IVeither shall the reconstruction, alteration or new construction of mooring
devices such as boat lifts, davits and whips be considered as structural aiterations for
purposes of determining whether or not such reconstruction, alteration or new
construction is an extension of a nonconfarming use. However, this exemption shall not
apply to structural alterations which affect the length, width and configuration of a dock
or pier, exclusive of the alteration of any mooring device affixed or accessory thereto.
Boat lifts and mooring piling outboard of docks and piers on waterways and canals of 85
feet or less in width are not permitted. (Ord, No.12-10, § 1, 12-9-2010)
Sec. 76-3. Comme�cial docks.
(a► No commercial docks shall be permitted within the R-1, R-1A and R/OP districts.
(b) Docks, piers, mooring devices and seawalls located within the singl�-family
dwelling districts R-1 and R-1A shall be for single-family use only.
(Ord. No. 12-10, § 1,12-9-2010)
Sec. 76-4. Boathouses and boat shelters.
No boathouse or enclosed boat shelter shall be pet to be located waterward of a seawall
or mean high-water line, whichever is applicable. (Ord. No. 12-10, § 1, 12-9-2010)
Sec. 76-5. Anchoring or mooring of vessels.
(a) No person shall anchor, moor or park or cause, permit or allow any other person
under his control or command to anchor, moor or park any vessel or watercraft of any
description used or capable of being used as a means of transpartation on water, within
the R-1 and R-1A single-family dwelling districts, for a period of time in excess of 72
continuous hours during any consecutive 30-day period, unless such vessel or watercraft ;
is located at an approved dack and with the consent of the owner of such approved �
dock.
(b) The anchoring, mooring or parking of vessels or watercraft in all districts shall be
at an approved dock, pier or seawall and attached or secured by approved methods
and/or devices. (Ord. No. 12-10, § 1, 12-9-2010)
Sec. 76-6. Discharge of refuse.
No person shall discharge, or permit or allow any other person on a vessel or watercraft under
his control or command to discherge, any human or animal excreta from any head, toilet or
similar facility on any vessel or watercraft, or throw, discharge, deposit or leave, or cause or
permit to be thrown, discharged, deposited or left, frvm any vessel or watercraft any refuse
matter of any description into the waters Iocated within the area to which this article applies.
(Ord. No. 12-10, § 1, 12-9-2�10)
Sec.76-7. Variances.
(a) Any person desiring a variance from the terms of this article shall make
application for such variance to the zoning board of adjustment of the village in !
accorclance with the procedures set forth in this section. i
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(b) In order to authorize any variance from the terms of this article, the board of ��
adjustment must �nd with respect to the proposed project as follows:
(1) The variance being requested meets the definition of the term "va�iance"
as that term is used and understood in chapter 78, zoning. �
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(2) No hazardous condition would be created.
(3) The flow of water would not be impeded or interfered with. �
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(4) No abstruction to navigation would occur. �
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(5) It would not interfere with traditional public uses of the waterway
including, but not limited to, swimming, fishing, or boating.
(6) It would not create an appreciabie obstruction of waterway views or
otherwise detract from aesthetic values.
(7) It would not appreciably disrupt, interfere with, or disturb marine or
benthic life.
(8) It would not contribute to the pollution of the waterway or the
degradation of its condition.
(9) It would not interfere with the lawful rights of riparian owners.
(10) It woufd be consistent with any other applicabfe laws, rules or plans.
�Ord. No.12-10, § 1, 12-9-2010)
Secs.76-8--76-19. Reserved.
ARTICLE II. BOATING RESTRICTED AREA
Sec. 76-20. Tequesta Drive Bridge/North Loxahatchee River boating restricted area.
(a) There is hereby established a boating �estricted area which shall be lacated from
300 feet north of the Tequesta Drive Bridge to 300 feet south of the Tequesta Drive
Bridge in all waters of the North Branch of the Loxahatchee River. Within said boating
restricted area, all vessel traffic shall be lirr►ited to traveling at "slow speed minimum
wake" as that term is de�ned at F.A.C. 68D-23.103(3)(b).
(b) Violations of this section shall be enforced by village citation and punishable by a
fine of $100.00. (Ord. No. 12-10, § 1, 12-9-2010)
Sec. 76-1. lurisdiction.
The purpose of this chapter is to provide for the regulations described in this chapter within the
public waters of the state comprising the Loxahatchee River and the intracoastal waterway and
all creeks, canals or waterways or tributaries connected therewith, located within the
geographica( boundaries of the village.
It is the intent of this chapter to provide for the adequate securing of moored vessels and to
provide safe access by users for routine maintenance and use while minimizing the impact on
the navigability of the waterway, native marine habitat, manatees, and the use and view of the
waterway by surrounding property owners. It is further the intent of this article to provide
reasonable access for vessel, seawall, and dock maintenance. It is recognized that specific
waterway locations warrant special consideration due to severe access and navigational
challenges, and community character and aesthetic impacts.
Sec. 76-2. Dock and pier length, dimensional standards �#and configuration.
(a) Protrusion iimitations for boat docking facilities.
(1) On waterfront lots located on waterways of the Loxahatchee River and the North
Fork River which have shoreline greater than 65 feet in width the combination of a
boat docking facility and moored vessel(s) shall not protrude more than 75 feet into
the waterway, provided the combination of a boat docking facility and moored
vessel(s) does not protrude more than 25 percent of the platted width of the
waterway in order to ensure reasonable width for navigation.
(2) On waterfront lots located on the intracoastal waterway and all creeks, canals or
tributaries waterways connected therewith, have shoreline greater than 65 feet in
width the combination of a boat docking facility and moored vessel(s) shall not
protrude more than 20 feet into the waterway, provided the combination of a boat
docking facility and moored vessel(s) does not protrude more than 20 percent of the
platted width of the waterway in order to ensure reasonable width for navigation.
(3) WaterFront lots with a shoreline is less than 65 feet in length and your proposed
dock is not a marginal dock, it the dock must be centered between property lines and
designed in such a manner that it will not infringe upon the adjacent property owners'
rights a letter of concurrence stating that they have no objection to the location of the
dock from the adjacent property owners will be required. The combination of a boat
docking facility and moored vessel(s) shall not protrude more than 20 feet into the
waterway, provided the combination of a boat docking facility and moored vessel(s)
does not protrude more than 20 percent of the platted width of the waterway in order
to ensure reasonable width for navigation,
(4) No piling, boatlift, or other structure necessary to moor a vessel shall be permitted
unless that structure meets the protrusion requirements set forth herein or a boat
dock extension has been approved.
(5) Protrusion shall be measured from the face of the seawall. On lots where the
property line extends into the water, the protrusion shall be measured from the
property (ine.
(5) The platted width of the waterway shall be defined by the recorded plat.
(7) Staff shall determine whether the proposed location and design of the boat
docking facility and moored vessel(s) in combination is such that it may infringe upon
the use o# neighboring properties, including any existing boat docking facitities.
(8) Prot�usion measurement into a waterway from a waterFront lot shall include the
combination of the boat docking facility, mooring piles, and moored vessel(s).
Outboard motor(s), inboard propeller(s), lower unit transmission(s) propeller(s), bow
pulpit(s), navigational light(s), ladder(s), and other vessel appurtenances attached to
the moored vessel shall also be included in the protrusion measurement.
(b) Number and size of limitations for boat docking facilities.
(1) Only one dock per lot and no mare than one dock per single family home, is
permitted, except for corner waterway lots. Corner waterway lots, may have one dock
on each waterway provided the docks meet all requirements in Section 78-2 of the
Village Code of Ordinanees.
(2) Footprint of the boat docking facilities may not be larger than 10 square feet for
every 1 foot of shoreline owned by the applicant, up to the maximum size of 500 square
feet.
(A.) The calculation of the square footage of your dock includes any portion of
the dock andJor mooring areas that are located at or below the mean high water
line or the ordinary high water line and preempts sovereig� submerged lands. lt
includes the walkway, the platfarm area located at the end of the walkway
(commonly referred to as the terminal platform), roofed areas and/or catwalks
that may extend beyond the footprint of the walkway and terminal platform,
and any open mooring areas.
(B) Any decked area which is extended or located past the waterward side af the
seawall shall be considered part of the boat docking facility. All height limitations
and setbaCk requirements contained herein shall apply to such decked area,
terrace or patio extensions