November 2002
Sec. 110-94. Standards for siting and dimensions of piers and boat lifts.
(a) Definitions.
The term "boat lift" as used in this section shall mean any mechanical structure capable of lifting or raising a vessel clear of the water, and shall include one or more davits, overhead systems that lift vessels using detachable cables or slings, and cantilevered and pile-supported cradle or platform systems.
The term "pier" as used in this section shall mean any structure, whether floating or fixed in position, to which a vessel can be moored and that affords access to a vessel from the adjacent upland property. For the purpose of this section, "pier" and "dock" are synonymous.
The term "shore-normal" shall mean extending at a right angle, or perpendicular, from the alignment of the shoreline.
(b) General standards. If no specific subdivision standards, as set forth in part (c) of this section, are applicable:
(1) The shore-parallel dimension of a pier shall not exceed the width of the rear yard, less the side yard setback dimensions for the subject zoning district. This restriction on encroachment into each side yard shall apply to both fixed and floating piers and to boat lifts.
(2) The shore-normal dimension of a pier shall be restricted to a size such that:
a. The pier plus the vessel to be moored to the pier does not exceed 25 percent of the width of the waterway adjacent to the subject property; and
b. If the pier is to be combined with an outboard or offshore boat lift, the shore-normal dimension of the pier plus the boat lift also shall not exceed 25 percent of the aforementioned waterway width.
(c) Standards for specific subdivisions.
(1) Aqualane Shores, including Phillip G. Rust Development, Elliott Subdivision, Marina Shores Replat, and Kluck Subdivision.
a. Side yard setback for piers, boat lifts, and vessels is seven and one-half feet.
b. Shore-normal dimension for a pier shall not exceed the smaller of 15 feet or ten percent of the waterway width, whichever is more restrictive. For a boat lift or a combined pier and boat lift, the dimension shall not exceed the smaller of 25 feet or 25 percent. Freestanding mooring piles or dolphins shall comply with the same offshore dimension restriction as for boat lifts.
(2) Golden Shores and Oyster Bay. The following standards apply to piers, vessels, and boat lifts.
a. In canals 60 feet or less in width, a pier, moored vessel, and vessel/lift combination cannot exceed 25 percent of the width of the waterway adjacent to the subject property.
b. In canals greater than 60 feet in width a 32-foot wide centerline channel shall be maintained and a pier, moored vessel, and vessel/lift combination cannot exceed 50 percent of the remaining channel width adjacent to the subject property.
(3) Coquina Sands and the Moorings.
a. Marginal piers may be no more than eight feet in width. If there is a need to locate a pier further off shore it must be T- or L-shaped, with the deck no wider than eight feet and the walkway no wider than six feet. Mooring piles and boat lifts can be located off shore of piers, but no catwalks can be placed on the outboard sides of the lifts. None of the foregoing shall preclude the construction of a deck area upland of the top of the revetment or seawall cap, provided all other requirements of this section are met.
b. Piers, boat lifts, mooring piles, or vessels shall not extend offshore into the Moorings Bay system access channel, as designated in section 114-137 of the Comprehensive Development Code. That access channel exists around the entire periphery of the Moorings Bay System, including Coquina Sands, the Moorings, and Park Shore, and lies generally 15 to 20 feet offshore from the shoreline and any piers or mooring piles that were in place at the time of channel dredging. The location of the channel is shown on a series of aerial photographs that can be inspected in the offices of the natural resources manager and the city clerk. Exceptions to these restrictions may be granted, as described in section 114-137(c). Within the Moorings Subdivision, there are 11 platted lots with shorelines less than 45 feet in length (Unit 2, Block J, Lots 5, 29, 30, 36 and 37, Block Q, Lots 14 and 15, and Unit 7, Block Q, Lots 29, 30, 59, and 61). For those properties, the side yard setback restriction shall not apply.
(4) [Reserved.]
(5) Park Shore, Units 1, 3, and 4. Piers shall not extend beyond the platted wharf limit line, said line being platted 15 feet offshore from the platted seawall and property line. Pier decks may be no more than eight feet in width and walkways to them no wider than six feet. Piers must be T- or L-shaped. Mooring piles and boat lifts can be located off shore of piers, but no catwalks can be placed on the outboard sides of the lifts.
(6) Port Royal. The pier restrictions for Port Royal are contained in section 102-121 of the Comprehensive Development Code, and are part of the regulations for the R1-15A zone. In summary, they establish a 20-foot side yard setback for piers, lifts, piles, vessels on lifts and an 22-foot extension into the waterway from the toe of the revetment for all piers and lifts. If environmental conditions dictate a greater extension, the side yard setback increases two feet for every additional foot offshore the structure must extend.
(7) Royal Harbor.
a. All interior canals and waterways. The shore-normal dimension for a pier shall not exceed the platted property line, said line being five feet offshore from the platted seawall line. There shall be no restriction on vessel width or beam.
b. Properties facing Naples Bay and Haldeman Creek. The exposed location of these properties, and the interactions of the wake-generated waves by reflection off vertical bulkheads, often dictate a shore-normal positioning of piers and boat lifts. Shore-normal dimensions shall be governed by the proximity of the primary and secondary navigation channels, the shore-parallel shoal, and the existing line of construction. Final dimensions shall be agreed upon by the property owner, the Royal Harbor Association, and the natural resources manager.
(d) Grandfathering of structures and vessels. All piers, boat lifts, mooring piles, and vessels present on the date this ordinance becomes effective shall be considered as grandfathered nonconformities, and shall not be required to conform to the various dimension restrictions contained in section 110-93(b) and (c). Property owners who believe that their piers, boat lifts, mooring piles, and/or vessels are nonconforming shall have a period of 120 days from the date of adoption of this ordinance to request an inspection and formal determination from the zoning enforcement officer or the natural resources manager. If a positive determination is made, a brief description and sketch will be made and placed in the property file for the subject property.
(e) In consideration of the fact that numerous canals and waterways have undulating, non-parallel shorelines, and dead-end areas where platted lots have minimal waterfront footage, exceptions to the side yard setback and/or the shore-normal dimension may be granted, upon agreement of the natural resources manager, in consultation with the property owner, the affected neighbors, and the subdivision property-owners' association, if applicable. Administrative decisions of the natural resources manager shall be considered equivalent to administrative decisions of the planning director, and appeals of such decisions shall be pursued as set forth in section 86-209(c) of the Code of Ordinances.
(f) To ensure that the above-referenced dimension and location criteria do not create problems for individuals with disabilities, the natural resources manager and the building official shall have the ability to modify the criteria upon receipt of a written petition for such a modification. The petition shall describe the extent of modification needed to accommodate the disability.
(Ord. No. 97-7948, § 1, 4-16-97; Ord. No. 99-8638, § 2, 9-15-99; Ord. No. 00-8902, §§ 3, 4, 8-16-00; Ord. No. 01-9068, §§ 1, 2, 1-17-01; Ord. No. 02-9554, § 1, 3-20-02)
Secs. 110-95--110-120. Reserved.
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