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ORDINANCE NO. 7-12
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING ITS CODE OF ORDINANCES AT
CHAPTER 76. WATERWAY CONTROL. BY AMENDING THIS CHAPTER
TO UPDATE AND REVISE REGULATIONS FOR THE CONSTRUCTION,
ERECTION, INSTALLATION, USE AND MAINTENANCE OF MARINE
STRUCTURES INCLUDING DOCKS, PIERS, MOORING DEVICES,
BOATLIFTS AND SIMILAR STRUCTURES; PROVIDING SEPARATE AND
DISTINCT REGULATIONS FOR SUCH STRUCTURES LOCATED ON
CANALS, VERSUS THOSE LOCATED ON THE LOXAHATCHEE RIVER
OR INTRACOASTAL WATERWAY; PROVIDING DEFINITIONS;
PROVIDING THAT EACH AND EVERY OTHER SECTION AND
SUBSECTION OF CHAPTER 76. WATERWAY CONTROL. SHALL
REMAIN 1N FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED;
PROVIDING A CONFLICTS CLAUSE A SEVERABILITY CLAUSE AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
WHEREAS, Chapter 76 of the Village of Tequesta Code of Ordinances provides certain
regulations pertaining to docks, piers and other marine structures; and
WHEREAS, said regulations have been determined to be inadequate to properly address
the canals within the Village; and
WHEREAS, the Village Council of the Village of Tequesta desires to revise its
waterway control ordinance in order to provide updated regulations that are specifically
applicable to canals within the Village, and at the same time maintain current regulations for the
Loxahatchee River and Intracoastal Waterway; and
WHEREAS, the Village Council of the Village of Tequesta has determined that it is in
the public interest to adopt the proposed revisions to its waterway control ordinance, and that the
revised code will serve the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Chapter 76. Waterway Control. of the Code of Ordinances of the Village
of Tequesta is hereby amended to update and revise regulations for the construction, erection,
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installation, use and maintenance of marine structures including docks, piers, mooring devices,
boatlifts and similar• structures; providing separate and distinct regulations for such structures
located on canals, ver•sus those located on the Loxahatchee river or Intracoastal Waterway;
providing definitions; providing that Chapter 76. Waterway Control, shall hereafter read as
follows:
Chapter 76
WATERWAY CONTROL
ARTICLE L IN GENERAL
Sec. 76-1. - Jurisdiction.
Sec. 76-2. — Definitions r'^^i' �"a "°'. i°"^*�, ';a+�, ""a ^"�;n„"°+;^"
�`
Sec. 76-3. - Commercial docks.
Sec. 76-4. - Boathouses and boat shelteis.
Sec. 76-5. - Anchoring or mooring of vessels.
Sec. 76-6. - Discharge of refuse.
Sec. 76-7. - Variances.
Sec. 76-8. — Maintenance.
Secs. 76-9 �-76-19. - Reserved.
Sec. 76-1. - Jurisdiction.
The puipose of this chapter is to provide re�ulations for boatin� oberations, as well as the
construction maintenance and use of docks p iers pilin�s boatlifts and other similar structures
associated with the operation, narkin� and stora�e of watercraft �•°^��'�*;^�° �'°��,•;'�°�' ;„ +'�;�
�� within the public waters of the state comprising the Loxahatchee River and the
intracoastal waterway and all creeks, canals or watei•ways ot• tributaries connected therewith,
located within the geographical boundaries of the village.
Sec. 76-2. — Definitions r�^^', .,,,a ., ,. ��,,,�+�, ,;a��. �„a ,. „�;.�,,..�*;�,,
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The followin� words, terms and bhrases, whe used in this chabter, shall have the
meanin�s ascribed to them in this section, except where the context clearlv indicates a different
-- -- - --
meanin�. All words used in the present tense include the future; all words in the sin�ular number�
include the plural and the plural the sin�ular.
Canal wic�th with respect to anv dock or pier to which the measure applies, means the
strai�ht line distance between the ed�e of the adiacent arobertv on one side of the canal,
--- _ _ _ _— ---- _
measured to the nearest noint of the ed�e of the ad�acent proberty on the oaposite side of the
canal, as set forth on the applicable recorded plats.
Dock means a fixed or floatin� structure, includin� moorin�s, on or over submer�ed
lands, used for the purt�ose of berthin� buovant vessels or for fishin�, swimmin�, or viewin� the
waterwav.
Dolnhin means a cluster o f closelv dr•iven piles used as a fender for a dock or as a
moorin� or �uide for watercraft but not used a a channe mark or dock pilin�.
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Mean hi�h waler means the avera�e hei�ht of the hi�h waters over a 19-vear beriod, or,
for shorter beriods of observation. the avera�e hei�ht of the hi�h waters after corrections are
aablied to eliminate known variations and to broduce the result of the eauivalent of a mean 19-
vear value. Alternativelv, mean hi�h water mav mean the avera�e hei�ht of the hi�h waters as
established and accented bv the U.S. Armv Coras of En�ineers.
Mean hi�h-water line means the intersection of the tidal blane of inean hi�h water with
the shore or canal ed�e.
Mean low water means the avera�e hei�ht of the low wat over a 19-vear period, or, for
shorter periods of observation, the avera�e hei�ht of the low waters after corrections are abblied
to eliminate known variations and to produce the result of the eauivalent of a mean 19-vear
value. Alternativelv, mean low water mav mean the av era�e hei�ht of the low waters as
established and accented bv the U.S. Armv Coras of En�ineers.
Meczn low-water line means the intersection of the tidal plane of inean low water with the
shore or canal ed�e.
Moorin� pilinQ means a bost pillar pilin� or stake used fo the purpose of berthin�
buovant vessels either temnot•arilv or indefinitelv, for a finite period, whether or not used in
coniunction with a dock.
Pier shall have the same meanin� as Dock.
Protrusion means the encroachment of anv part of anv doc pier, pilin�, boat liftin�
___ -
device, moored watercraft (includin� the watercraft's outboard motors or inboard nropellers or
lower unit transmissions and nronellers, its navi�ational li�hts, its ladders, and anv other
abpurtenances attached to the watercraftl or anv combination of these, into a prohibited area.
Setback shall have the same meanin� as set forth in Chauter 78,_ Zonin�.
Waterwav width, with respect to anv dock or bier to which the measure applies, means
the strai�ht line distance from the aoint at which the centerline of the dock or bier intersects the
mean hi�h-water line, measured to the nearest noint on the mean low-water line of the obaosite
shore of the waterwav.
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Sec. 76-3. - Commercial docks.
(a) No commercial docks shall be permitted within the R-1, R-lA and R/OP distt•icts.
(b) Docks, piers, mooring devices and seawalls located within the single-family
dwelling districts R-1 and R-lA shall be for single-family use only. This section
shall not be read to prohibit docks, piers, moorin� devices and seawalls owned or
onerated bv anv homeowners association for the benefit of its members. Further,
nothin� herein shall prevent anv homeowners association from adoptin� rules and
re�ulations �ove rnin� the use of association owned or opera docks, pier�
moorin� devices and seawalls for the benefit of its members.
Sec. 76-4. - Boathouses and boat shelters.
No boathouse or enclosed boat shelter shall be permitted to be located waterwai•d of a
seawall or mean high-water line, whichever is applicable.
Sec. 76-5. - Anchoring e-�-�xee�� of vessels.
(a) No person shall anchor, m^^r ^r „ �r'� or cause, permit or allow any other person
under his control or command to anchor, m „���'� any live aboard vessel
within the R-1 and R-lA single-family dwelling districts, for a period of time in
excess of 72 continuous hours during any consecutive 30-day period, unless such
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vessel or watercraft is anchored in �ee-a�� an approved mooring area e�-�leEl�
a� with the consent of the owner of such approved mooring area e��eel�.
(b) The anchoring, �^ �^r'����� of live aboard vessels in all districts shall be at
an approved mooring area,�a^e�c, ��°r ^r �° ���^" and ^+'^^� secured by
approved methods and/or devices.
(c) For the purpose of this section, "live aboard vessel" shall mean:
(1) Any vessel being used as a living unit for use on water and/or fitted for
use as a dwelling and/oi• with sleeping accommodations;
(2) Any vessel represented as a place of business, or professional or other
commercial enterpl•ise, and providing or serving on a long-term basis the
essential services of functions typically associated with a structure or other
improvement to real property, and, if used as a means of transportation,
such use is clearly a secondary or subsidiary use; or
(3) Any vessel used by any club or any other association of whatever nature
when clearly demonstt•ated to serve a purpose other than a means of
transportation.
(4) Commercial fishing vessels ai•e expressly excluded from the term "live-
aboard vessel.
Sec. 76-6. - Discharge of refuse.
No person shall discharge, oi• permit or allow any other person on a vessel or watercraft
under his control or command to discharge, any human or animal exereta fi•om any head, toilet oi•
similar facility on any vessel or watercraft, or tht•ow, discharge, deposit or leave, or cause or
per•mit to be thrown, discharged, deposited or left, from any vessel or watercr•aft any refuse
matter of any description into the waters located within the area to which this article applies.
Sec. 76-7. - Variances.
(a) Any person desiring a va1•iance fi•om the terms of this chapter shall make
application for such variance to the zoning boai•d of adjustment of the village in
accot•dance with the procedures set forth in this section.
(b) In order to authorize any variance from the terms of this chapter, the board of
adjustment MUST find with respect to the proposed project as follows:
(1) The variance being requested meets the definition of the term "variance"
as that term is used and understood in Chapter 78, zoning.
(2) No hazardous condition would be created.
(3) The flow of water would not be impeded or interfered with.
(4) No obstruction to navigation would occur.
(5) It would not interfei•e with traditional public uses of the waterway
including, but not limited to, swimming, fishing, or boating.
(6) It would not create an appi•eciable 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 would be consistent with any other applicable laws, rules or plans.
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Sec. 76-8. – Maintenance.
Anv structure or device constructed. erected or installed nursuant to this Chanter shall be
kent in �ood renair bv the bv the owner thereof and shall be subiect to removal bv the Villa�e in
the event that such structure or device is determined to be unsafe or to create a navi�ation hazard
bv the Villa�e's Buildin� Official or en�ineer. Anv cost incurred bv the Villa�e associated with
said removal shall be assessed a�ainst the owner: however. notice and obnortunitv for a hearin�
pursuant to Chabter 162, F.S., shall be afforded to the owner nrior to such removal bv the
Villa�e•
Secs. 76-2 8. —76-19. - Reserved.
Article II DOCKS PIERS AND MOORING STRUCTURES
Division 1. Adiacent to the Loxahatchee Ri W aterwav or Intracoastal Waterwav
Sec. 76-20. - Dock and nier len�th, width and confi�uration.
Secs. 76-21 – 76-25. – Reserved.
Sec. 76-20. - Dock and nier len�th, width and con�i�uration.
�a No dock or nier shall be constructed which extends waterward from the mean
hiehwater line in excess of the least of the followin� distances:
(11 Seventv-five feet;
(2) Ten nercent of the waterwav width: or
(31 The distance from the boint at which the dock or nier intersects the mean
hi�hwater line measured in a strai�ht line to the nearest noint on the three-
foot mean low-water line; brovided, however, the fore�oin� limitations
shall not brohibit a dock which does not extend waterward from the mean
high-water line in excess of six feet.
b� No dock or nier area shall be constructed with a maximum width in excess of six
feet.
c� No dock or nier shall be located less than 25 feet from the waterward extension of
the nrobertv line of anv adioinin� rinarian nronertv owner.
6
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25' Set,b�ck Areas Into �
Wlsicl� "8"s Duck.May
Not �xteud �
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d� Anv dock or nier shall be deemed to comblv with this section if the waterward
end of the centerline of the dock or aier is eauidis from the nearest boints at
which the brobertv lines of adioin nronertv owners inters the mean hish-
__ _ -
water line.
7
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�e Moorin� or dolnhin nilin�s mav not be located within ten feet of the waterward
extension of the nrobertv line of anv adioi rinarian nronertv owners, or more
than 15 feet waterward of a line neraendicular to and nassin� throu�h the
waterward end-noint of the centerline of anv dock used_with the same rinarian
probertv. If more than one dock is in use with the same nronertv. the end-noint of
the dock extendin� furthest from the mean hi�h-water line shall be used.
8
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10' Wic�e Areas ii�to wliich
"B"e Movi•ii�g Yilings hloy
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Not be Placed
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�f All sections or areas of anv dock or pier which intersect at anv an�le with the
main nortion of a dock or bier extendin� fr the shoreline mav not exceed a
total combined len�th of 20 feet.
9
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� The total at•ea of all docks and �iers located on anv ripar•ian t�arcel shall not
exceed 500 sauare feet for the first 150 linear feet of that parcel shoi•eline. The
total area of all such docks and piers may thereafter be increased bv 250 s
feet for each additional linear 50 feet of that narcel shore line.
h� Moorin� devices such as boat lifts, davits and_whias shall not be considered in
combutin� the reauued len�th, width and confi�uration of docks or niers
re�ula bv this division. Neithei• shall the reconstruction alteration or new
construction of moorin� devices such as boat Iifts, davits_and whins be considered
as structural alterations for burboses of determinin� whether or not such
reconstruction alterat or new construction is an extension of a nonconformin�
_ __ _- _
use However this exembtion shal not applv to st��uctui•al alterations which affect
the len�th, width and confi� uration of a dock or nier, exclusive of the alteration of
anv moorin� device affixed or accessorv thereto.
Secs. 76-21-76-25. - Reserved.
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Division 2. Ad,jacent to Canals
Sec. 76-26. — Dock and nier len�th, width and confi�uration.
Sec 76-27 — Pilin�s moorin� devices and boatlifts.
Sec 76-28 — Maximum brotrusion — all marine st ructures a nd watercraft.
Sec. 76-29. — Marine structures at canal dead ends.
Sec. 76-30. — Non-conforming structures
Sec. 76-26. - Dock and nier len�th. width and configuration.
�a Docks and niers shall onlv be constructed alon� the adiacent nronertv line or
seawall cap, as brovided herein.
�b No dock or nier shall be constructed closer than 10 feet from the waterward
extensions of the adiacent nronertv's side brobertv lines.
�c No dock or nier shall extend into a canal more than six (6) feet from the landward
side of the adiacent nlatted nronertv line
d� No dock or nier shall be constructed to a hei�ht �reater than four inches above the
ton of the adiacent seawall. if anv; otherwise to a hei�ht �reater than four and_one
half (4.51 feet above the mean hi�h water line.
e� All docks and niers shall be eauibned with safetv ladders from the dock or nier to
a denth of two (21 feet below the mean low water line of the canal.
�f A dock or nier must be structurallv indenendent from anv dock or nier located
adiacent to nei�hborin� nronerties.
Sec. 76-27. — Pilin�s. moorin� devices and boatlifts.
�a A maximum of two (21 free standin� moorin� bilings shall be nermitted ner 100
linear feet of water fronta�e.
b� Free standin� moorin� nilin�s shall be nlaced no further than the lesser of 20 feet
from or 25% of the canal width, as measured from the landward side of the
adiacent blatted uronertv line.
�c Free standin� moorin� bilin�s mav not be nlaced closer than 10 feet from the
waterward extensions of the a�iacent nrobertv's side nroaertv lines.
d� Free standin� moorin� nilinss shall be set in the canal so that thev are no more
th ei�ht (81 feet an d no less than six (61 feet above the mean hi�h water line.
�e All free standin� moorin� nilin�s shall be eauibbed with reflective devices
installed narallel to the canal located n o more than two (21 feet below the tan of
the nilin�.
�f Unon installation of anv free standin� moorin� nilin�, the adiacent nrobertv
owner shall brovide the Villa�e with a sealed certified survev denicting the actual
locations of the free standin� moorin� bilin�s.
� Dolnhin bilin�s are nrohibited in anv canal.
h� Boat davits, elevator lifts, cradle lifts, floatin� lifts or anv other similar form of
boat liftin� device mav be constructed, erected or installed to extend into_anv
canal bursuant to the followin� re�ulations:
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i. When in a fullv raised nosition, no nortion of such device or anv
watercraft thereon mav nrotrude bevond 20 f eet from the landward side of
the adiacent nlatted bronertv line.
ii. No boat liftin� device shall be located, and no watercraft shall be
contained on anv boat liftin� device, in such a nosition that there is anv
nrotrusion bevond 1_0 _feet from the waterward extension of the adiacent
robertv's side t�ronertv lines.
iii. Such device mav be constructed on, or sunnorted bv the adiacent seawall
can. or dock.
iv. All such devices shall be eauinned with reflective markin�s alon� the full
extension of the lift.
Sec 76-28 — Maximum nrotrusion — all marine structures and watercraft.
No marine structure shall be located. and no watercraft shall be docked. moored. or
contained on anv boat liftin� device in such a nosition that there is anv nrotrusion bevond 10 feet
from the waterward extension of the adiac nrobertv's side nronertv line. Nor shall there be
anv nrotrusion into the canal bv more than the lesser o 20 feet from. or 25% of the canal width,
as measured from the landward side of the adiacent t�latted nronertv line.
Sec. 76-29. — Marine structures at canal dead ends.
�a Because dead end areas of canals do not allow for the standard annlication of the
re�ulations in this division the intent of this section is to nrovide additional
re�ulations for nro nerties with limited and/or uniaue fronta�es a diacent to canal
--- - _ . _
dead ends.
b� In addition to all aaalicable reauirements of this division. nronerties with limited
and/or uniaue fronta�es adiacent to can al dead ends shall also be reauired to
comblv with the following restrictions, as ant�licable:
- _ --- -------
�c Canal dead end lots:
i. No dock bier or boat liftin� device shall be constructed closer than 20
feet from the waterward extensions of a canal dead end lot's side brobertv
lines.
ii. Boat liftin� devices when in the fullv raised nosition. shall be nlaced no
further than 20 feet from the landward side of the canal dead end lot's rear
platted br_obertv line.
iii. Free standin� moorin� nilin�s are nrohibited.
iv. No marine structure shall be located, and no watercraft shall be docked
moored. or contained on anv boat liftin� device in such a nosition that
there is anv t�rotrusion bevond 20 f eet from the canal dead end lot's side
bronertv lines. Nor shall there be anv brotrusion into the canal bv more
than 20 feet from the landward side of the canal dead end lot's rear nlatted
propertv line.
d� Canal lots borderin� dead end lots:
i. No dock nier or boat liftin� device shall be constructed closer than 20
feet from the canal dead end or closer than five (51 feet from the
waterward extensions of the side brobertv line onnosite the canal dead
end.
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ii. Boat liftin� devices when in the fullv raised bosition, shall be blaced no
further than 20 feet from the landward side of the lot's rear nlatted
pronertv line.
iii. Free standin� moorin� bilin�s are nrohibited.
iv. No marine structure shall be located, and no watercraft shall be docked.
moored. or contained on anv boat liftin� device in such a nosition that
there is anv nrotrusion bevond five (51 feet from the waterward extension
of the side nronertv line onnosite the canal dead end. or bevond 20 feet
from the canal dead end Nor shall there be anv nrotrusion into the canal
bv more than 20 feet from the landward side of the lot's rear nlatted
ronertv line.
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i
i i
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� AEAD ENO LOT �
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4
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���'� � 20'• 0` ��
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CAN E L W I OT H
85� 0��
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10'• 0"
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�EGENd
a .UNOBSTRUCTEO WATERWAY
� ALLOWABLE OOCK SURFACE MAXIMUM WI�TH IS 8 FOOT
�u1AHIMUM PROTRLISION ZONE
e� Re�ardless of the fore�oin�, no dock, bier, bilin�, moorin�. boatlift or other
device or structure shall be nermitted adiacent to t�ronerties that have limited
and/or uniaue fronta�es adiacent to canal dead ends if a safetv _or navi�ation
hazard will be created.
Sec. 76-30. — Non-conformin� structures.
Anv non-conformin� structure subiect to the re� ulations of this division. which was
lawfullv in existence nrior to the adontion of this division. shall be allowed to remain as a le�al
non-conforming structure, nursuant to the reauirements of Chanter 78. Zonin�, Article IV. Non-
- -- ----.__ _
conformin� uses.
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ARTICLE � I I. BOATING RESTRICTED AREA
Sec. 76-31 �9. - Tequesta Drive Bridge/North Loxahatchee River boating restricted area.
Sec. 76-31 �9 .- Tequesta Drive Bridge/North Loxahatchee River boating restricted area.
(a) There is hereby established a boating restricted area which shall be located 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 limited to traveling at "slow
speed minimum wake" as that term is defined at F.A.C. 68D-23.103(3)(b).
(b) Violations of this section shall be enforced by Uniform Boating Citation and shall
be punishable in accordance with F.S. Ch. 327.
Section 2: Each and every other Section and Subsection of Chapter 76. Waterway
Control. shall remain in full force and effect as previously adopted.
Section 3: All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
Section 4: Should any section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall take effect immediately upon passage.
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