The Town of Shalimar Ordinance #2002-04 -- Dock Ordinance

ORDINANCE NO. 2002-04

AN ORDINANCE MODIFYING THE SHALIMAR CODE PERTAINING

TO DOCKS, PIERS AND STRUCTURES ON THE BAYOU

WHEREAS, the Town of Shalimar has previously adopted ordinances pertaining to permitting, modifying, constructing and maintaining structures on the bayou.

WHEREAS, the Town of Shalimar wants to modify and simplify these ordinances,

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN OF SHALIMAR, FLORIDA:

That the Code of Ordinances, Town of Shalimar, Florida, is hereby amended as follows:

1. Chapter 14, Article VI

Sec. 14-133:

Current:

No building permit shall be issued for any principal building, dock or pier until the owner has procured the required numbers for the premises, building, dock or pier. No certificate of occupancy shall be issued until the owner has displayed the required numbers in accordance with this article.

Change:

No building permit shall be issued for any principal building until the owner has procured the required numbers for the premises. No certificate of occupancy shall be issued until the owner has displayed the required numbers.

Sec 14-135 (para 6):

Current:

(6) Assigned numbers for all docks and piers shall be displayed in such a fashion so as not to be confused with channel or other marine markers at their water-ward extremity, facing away from the dock or pier. Such numbers shall be displayed in Arabic numerals not less than four inches in height and one-half inch in width, consisting of a reflective material and in a contrasting color to the background to which they are attached. Further, the numbers shall be positioned so as to be constantly between five and eight feet above the mean high water line.

Change: DELETE (last paragraph, renumbering not required)

2. Chapter 62, Article III, Division 1 Generally (renumber Chapter 62 sections accordingly)

Sec. 62-62 Restriction of structures for the protection/improvement of water quality.

a. Sec. 62-62. Restriction of structures for the protection/improvement of water quality. Paragraphs (1-3)

Current:

This article establishes regulations, procedures and standards by which the town shall control and regulate development, construction and activities on, within and contiguous to the bayous. The following regulations and prohibitions shall apply to the bayous and contiguous lands:

(1) No person shall construct, or add to an existing dock, seawall, bulkhead, mooring piling, modify an existing submerged land lease, or conditions thereto, or conduct dredge or fill operations in, or contiguous to the bayous without first obtaining the proper authorization from the appropriate federal, state and town agencies (comprehensive plan, policies 11.A.1.1, 11.A.1.5 and 11.A.3.3).

(2) No materials foreign to the bodies of the bayou shall be discharged into the water.

(3) No person who maintains or operates a dock shall allow or permit the disposal of litter, waste petroleum products or other pollutants into the harbor. Trash disposal receptacles shall be anchored to each dock to ensure compliance with the provisions of this article.

Change:

Sec. 62-62. Restriction of structures (docks, piers, seawalls, etc) for the protection/improvement of water quality.

(2) DELETE

(3) DELETE

b. Sec. 62-62 Para (4)

Current:

(4) No fuel or oil shall be willfully or knowingly discharged in the bayous. No dock which sells fuel or oil shall be constructed, operated or maintained in the bayous unless an oil abatement plan, in accordance with Coast Guard guidelines, is available at each dock. The local planning agency shall review and recommend approval or disapproval of each oil abatement plan to the town commission, which shall have approval authority. Each existing dock which sells fuel or oil shall develop and have approved an oil abatement plan acceptable to the town. All new docks which sell fuel or oil shall develop and have an approved oil abatement plan, which is acceptable to the town, prior to receiving a building permit from the town.

Change: DELETE

c. Sec 62-62 Para (5)

Current:

(5) No new or existing dock shall be constructed or modified such that the length of any pier as completed is greater than 20 percent of the width of the bayou at the place where the pier is located, or out 200 feet, whichever is less.

Change:

(2) No new or existing dock shall be constructed or modified such that the length of any pier as completed is greater than 20 percent of the width of the bayou at the place where the pier is located, or out 200 feet, whichever is less. No pilings shall be added to the water-ward end of any pier where pilings would make the total length of the dock more than 200 feet.

d. Sec 62-62 Para (6)

Current:

(6) No pilings shall be added to the water-ward end of any pier where pilings would make the total length of the dock more than 200 feet.

Change: DELETE

e. Sec 62-62 Para (7)

Current:

(7) No dock shall be constructed which permits the commercial docking of boats with onboard toilets unless the dock is equipped with a sewage pump-out.

Change: DELETE

f. Sec 62-62 Para (8)

Current:

(8) No dock shall be constructed which permits the docking of a liveaboard unless such vessel has an operable holding tank.

Change: DELETE

g. Sec 62-62 Para (9)

Current:

(9) No dock shall be constructed such that it constitutes a hazard to navigation.

Change: DELETE

h. Sec 62-62 Para (10)

Current:

(10) No dock in residentially zoned districts shall be constructed or modified such that slip density exceeds one slip per eight lineal feet of waterfront footage, except that on canals no lot may have more than one slip per 45 linear feet of waterfront. However, all lots riparian to a canal shall be entitled to at least two slips on the canal.

Change:

(3) No dock in residentially zoned districts shall be constructed or modified such that slip density exceeds one slip per eight lineal feet of waterfront footage.

i. Sec 62-62 Para (11)

Current:

(11) No boat or vessel, entering into, exiting or operating within the bayou shall operate at such speed that would create a wake that endangers other boats or vessels, swimmers or other persons within the harbor, or would contribute to any adjacent land erosion.

Change: DELETE

j. Sec 62-62 Para (12)

Current:

(12) No heated or cooled water may be emitted into the harbor or the harbor canals other than from a boat.

Change: DELETE

k. Sec 62-62 Para (13)

Current:

(13) No pier shall extend more than six feet into a canal waterway.

Change: DELETE

l. Sec 62-62 Para (14)

Current:

(14) No discharge of water shall contain phosphorous or any other substance likely to cause a violation of the water quality standards specified in chapters 17-3 and 17-4, Florida Administrative Code.

Change: DELETE

m. Sec 62-62 Para (15)

Current:

(15) No dock or vessel shall be placed within the 25-foot setback of a property line without providing prior written notification to the adjoining land owners and requesting their response. A permit from the town shall be required. Any objections received from the adjoining property owners will be considered by the local planning agency in their recommendations to the town commission concerning the permit request.

Change:

(4) No new dock or modification of an existing dock shall be placed within the setbacks of a property without providing prior written notification to the adjoining land owners and requesting their response. Any objections received from the adjoining property owners will be considered by the local planning agency in the permit request approval process.

n. Sec 62-62 Para (16)

Current:

(16) No dock shall unreasonably interfere with the riparian rights of others.

Change: DELETE

o. Sec 62-62 Para (17)

Current:

(17) No commercially operated boat docking facilities shall be permitted or operated unless equipped with firefighting facilities as specified by the town.

Change: DELETE

p. Sec 62-62 Para (18)

Current:

(18) No electrical or water service upon any dock shall be installed unless a permit is obtained from the town for that service.

Change: DELETE

q. Sec 62-62 Para (19)

Current:

(19) No person, while operating a boat within the bayous, shall allow or permit the disposal of litter, waste, petroleum products or other pollutants into the harbor from such boats.

Change: DELETE

r. Sec 62-62 Para (20)

Current:

(20) No lot, or multi-contiguous lots, with less than 50 feet of waterfront footage shall be allowed individual docks. Except as otherwise prohibited, docks may be allowed under the provisions of this section.

Change: DELETE

s. Sec 62-62 Para (21)

Current:

(21) No pier or dock must lose its structural and aesthetic appearance due to age or use. If more than 35 percent of the materials of which the structure is composed have become broken, torn loose, or otherwise deteriorated structurally or aesthetically, the structure must be repaired in such manner as to ensure it is uniform in appearance and is structurally sound, or removed in its entirety.

Change:

(5) No pier or dock must lose its structural and aesthetic appearance due to age or use. If more than 35 percent of the materials of which the structure is composed have become broken, torn loose, or otherwise deteriorated structurally or aesthetically, the structure must be repaired in such manner as to ensure it is uniform in appearance and is structurally sound, or removed in its entirety.

Sec. 62-63. Living on boats

Current:

Except in an emergency, no person shall live aboard any boat in the bayou for a period exceeding 48 hours without notifying the town. In cases of an emergency, such notification shall be given to the town within three hours after the immediate emergency situation ceases. Proof that each liveaboard boat has an operable holding tank must be furnished at the time of notification.

Change:

Except in an emergency, no person shall live aboard any boat moored in the bayou or slipped in a commercial marina for a period exceeding 48 hours.

Sec. 62-64. Registration of structures

Current:

All existing docks, seawalls and bulkheads located within the bay or bayou shall be registered with the town as follows:

(1) The title of record or long-term lessee of all existing structures at the time of adoption of this ordinance from which this article is derived shall register such structure with the town within 90 days after adoption of this ordinance.

(2) Each structure shall be reregistered upon any change in ownership or long- term lessee of the abutting upland property.

(3) The town shall be notified upon the expiration of an existing long-term lease by the title of record owner of the abutting upland property.

Change: DELETE

Section 62-65. Exceptions

Current:

Exceptions from the provisions of this article may be granted by the town commission where local conditions impede placement of slips near or next to the shoreline and it would be environmentally damaging to permit dredging. A dock and pilings may extend beyond the limits proscribed by subsections (10) and (11) of section 62-62, so long as the structure does not create a hazard to navigation and so long as no additional slips are obtained than would otherwise fit into a dock of the maximum size allowed without the exception.

Change: DELETE

Sec. 62-66. Reconstruction of existing facilities.

Current:

If existing facilities are damaged by accidents, vandalism, ordinary wear and tear or acts of God, the provisions of subsections (5), (6), (10) and (11) of section 62-62 shall not be applicable to reconstruction so long as the damaged facilities are reconstructed in the same or lesser dimensions and so long as the construction permit is applied for from the town within six months of the sustaining damage.

Change:

If existing facilities are damaged by accidents, vandalism, ordinary wear and tear or acts of God, the structure may be reconstruction without application for a permit so long as the damaged facilities are reconstructed in the same or lesser dimensions.

3. Chapter 62, Article III, Division II Permits (renumber Chapter 62 sections accordingly)

Sec. 62-76. Requirements generally.

Current:

(a) All construction on the bayous shall require a permit from the town.

(b) The permittee shall be responsible for personal injury or property damage which arises from construction and use of the project to the extent provided by common law. All owners of piers, docks and boathouses that have been constructed abutting town-owned property shall be required to purchase a liability insurance policy for the dock in the amount of $100,000.00 naming the town and/or county as co-insurer. Further, the owner will be required to sign a release statement in which he agrees to hold the town harmless and indemnify it against any liability suit.

(c) The town shall retain the right to revoke any permit issued if the health, safety or welfare of any person or property is determined to be in jeopardy.

(d) All building permits shall expire within six months from the date of issue.

(e) Upon completion of a dock, or other structure requiring a construction permit, a final inspection shall be conducted by the town. After the final inspection is complete, a certificate of occupancy will be issued which shall be a permanent permit for such dock or structure.

Change:

(a) New or modification of existing structure construction on the bayous shall require a permit from the town.

(b) The permittee shall be responsible for personal injury or property damage which arises from construction and use of the project to the extent provided by common law.

(c) The town shall retain the right to revoke any permit issued if the health, safety or welfare of any person or property is determined to be in jeopardy.

(d) Upon completion of a dock, or other structure requiring a construction permit, a final inspection shall be conducted by the town.

Sec. 62-77. Required for docks.

Current:

(a) A permit to construct a new dock or add to, alter or remodel, or reconstruct an existing dock is required.

(b) Persons desiring to construct a new dock or substantially renovating an existing dock to the extent of reconstructing more than 50 percent of the existing structure or constructing an addition that would increase the structure by more than 30 percent shall apply for and obtain a permit and other authorization from the town and/or county prior to construction.

Change:

(a) A permit to construct a new dock or add to, alter or remodel an existing dock is required.

Sec. 62-78. Application for dock permit.

Current:

(a) Each applicant shall designate the location of his property on the bayou permit application map and must complete the town application form provided for this purpose.

(b) The application shall be filed with the town clerk and/or the county. A town permit application form and a copy of the joint application form used by the United States Army Corps of Engineers and the state department of environmental protection shall be completed by the applicant. Such applications shall contain:

(1) A scaled plat map showing the location of proposed construction and/or renovation.

(2) A scaled drawing of the proposed construction and/or renovation specifying the general dimensions and types of materials to be used.

Change:

The application shall be filed with the town administrative official and/or the county. A town permit application form and a copy of the joint application form used by the United States Army Corps of Engineers and the state department of environmental protection shall be completed by the applicant. Such applications shall contain:

(1) A scaled plat map showing the location of proposed construction and/or renovation.

(2) A scaled drawing of the proposed construction and/or renovation specifying the general dimensions and types of materials to be used.

Sec. 62-79. Other requirements for dock permit.

Current:

(a) A building permit shall be obtained from the town and/or county prior to beginning construction.

(b) If the dock is to have more than two slips for commercial use or for use by persons other than the owner, the applicant/owner shall supply a certified copy by the county tax appraiser of all names and addresses of owners of adjacent to such waterfront property.

(c) Where multiple slips extend from the shore and on multiple slip docks and for any slip in a canal, aerators or circulation devices shall be required as determined by the town. Such devices shall be required where it is determined that circulation is deemed to be interfered with by the proposed facilities.

Change:

(a) Permits shall be obtained from the town and/or county prior to beginning construction.

(b) No permit shall be issued by the town until the applicant obtains all authorizations and permits from federal and state agencies.

Sec. 62-80. Review and approval of dock permit.

Current:

(a) The planning and zoning board shall review the application within 30 days of receipt of a complete application. The town commission shall take final action on the application within 30 days of receipt of the planning and zoning board's recommendation.

(b) All dock and seawall approvals issued by the town shall be valid for a period of one year from the date such approval is granted. Existing approvals expire one year from the date of issuance.

Change:

(a) The Town administrative official shall review the application within 14 days of receipt of a complete application. The Town administrative official shall take final action on the application within 7 days of receipt of the approval through appropriate channels.

(b) All dock and seawall approvals issued by the town shall be valid for a period of one year from the date such approval is granted. Existing approvals expire one year from the date of issuance.

Sec. 62-82. Additional requirements for permits.

Current:

(a) Shorelines shall require protection from erosion as determined by the town.

(b) A net positive environmental benefit (NPEB), equal to 25 percent of the project valuation, shall be made within the bayou by the permittee prior to completion of each construction project authorized by this article.

(c) No permit shall be issued by the town until the applicant obtains all authorizations and permits from federal and state agencies.

(d) All applicants shall apply to the town and must receive preliminary approval for the proposed construction prior to taking any other action. Preliminary approval shall be considered for issuance by the town commission after review and recommendations of the planning and zoning board. If the application is for joint ownership of a dock, the applicant must obtain written permission from all title of record owners and long-term leases of the abutting upland property. Upon approval of all appropriate federal and state agencies, final approval from the town commission shall be obtained before a permit is issued.

Change: DELETE

Sec. 62-83. Procedures for transfer.

Current:

The following procedures shall apply to transferring permits:

(1) The permit is not transferable without the written consent of the town, which consent shall not be unreasonably withheld. The town clerk, or designee, shall determine transferability upon recommendation of the planning and zoning board. The decision may be appealed to the town commission.

(2) Whenever, during a construction project, a permittee transfers title of record to the abutting upland property or leases that property by longterm lease, a request by the original permittee shall be made to the town to transfer the permit. Forms for this purpose may be obtained from the town. Failure to apply for such a transfer within 30 days from the date the abutting upland property is sold or conveyed by longterm lease will result in an additional fee being charged to the original permittee by the town.

(3) At the time of transfer, all construction shall be inspected for compliance with the town's minimum plumbing, electrical and structural requirements and for compliance with the conditions of the existing permit. Fees for such inspections are set forth in section 58-206 et seq. All deficiencies shall be corrected prior to final transfer of the dock

Change: Delete

Sec. 62-84. Revocation

Current:

The town reserves full right, power and authority to revoke a permit at any time for good cause. If the permittee fails to remove the structure within the time specified upon revocation of the permit, the town shall have the right to immediately remove same at the cost and expense of the permittee. Good cause shall include, but not be limited to, violation of any permit condition, or any provision of this land development code.

Change: Delete

Sec. 62-85. Inspection and repairs

Current:

All construction shall be inspected for compliance with applicable building codes. The permittee shall be responsible for the condition and repair of permitted docks and failure to maintain such docks in a safe condition shall constitute grounds for revocation of the permit.

Change:

All construction shall be inspected for compliance with applicable building codes. Dock owners shall be responsible for the condition and repair of docks Failure to maintain docks in a safe condition shall constitute grounds for directed removal of the entire dock structure.

Sec. 62-86. Joint Ownership Docks

Current:

Permits may be granted for joint ownership of a dock at the prolongation of common lot lines, subject to the following conditions:

(1) No permits shall be granted to persons other than the title of record owner or long-term lessee of the abutting upland property.

(2) The permit application must be signed by the title of record or long-term lessee of all abutting upland property having access to the facility.

(3) The permit shall provide that all parties shall have equal rights under the permit and shall be held jointly responsible for compliance with all rules, regulations and conditions set forth in the permit and this article.

(4) The regulations for applies to joint ownership docks with the exception that docks may be extended over the common property lines.

Change: No CHANGE

Sec. 62-87. Permit waiver for maintenance and cosmetic improvements.

Current:

The town clerk, administrative official or designee, may issue permits within the bay or bayou for which maintenance or cosmetic improvement is accomplished to existing facilities and no construction permit is required. No permit shall be issued for facilities which do not conform to the standard drawings and the adopted bayou policies.

Change: DELETE

4. Chapter 82 ZONING AND LAND USE REGULATIONS

ARTICLE VII. SUPPLEMENTARY DISTRICT REGULATIONS.

Section 82-223. Marinas; Docks

Current:

All commercial marinas shall be subject to annual permitting and inspection by the town. The following procedures shall be applicable:

(1) Persons desiring to construct a new dock or add to, alter, remodel, or reconstruct an existing dock shall apply for and obtain a permit and other authorization from the town and/or the county prior to construction.

(2) Permits for docks, marinas are not transferable without the written consent of the town.

(3) The permittee shall be responsible for the condition and repair of permitted docks. Failure to maintain the docks in a safe condition shall constitute grounds for revocation of the permit.

(4) An archaeological and historic review summary shall be submitted to the town with applications seeking approvals or permits for the following activities: Parking lots, grading, earth moving, excavation and fill, drainage, and utilities placement; permits for coastal zone dredge and fill activity and dock construction; permits for tree removal; park and recreation area construction; and subdivision and planned unit developments; site and development plan reviews and comprehensive plan amendments.

Change:

All commercial marinas shall be subject to annual permitting and inspection by the town. The following procedures shall be applicable:

(2) Permits for docks, marinas are not transferable without the written consent of the town.

3) The permittee shall be responsible for the condition and repair of permitted docks. Failure to maintain the docks in a safe condition shall constitute grounds for revocation of the permit.