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Charlotte County |
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Code of Ordinances |
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Part III. LAND DEVELOPMENT AND GROWTH MANAGEMENT |
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Chapter 3-9. ZONING |
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Article III. SPECIAL REGULATIONS |
§ 3-9-65. Boating structures.
(a)
General.
(1)
For the purposes of this section, boating structures shall include all boat docks, boat ramps, boat lifts, marine elevators, pilings, boat shelters or other structures as determined by the zoning official or his/her designee. Where non-commercial boat docks are constructed as the principal use on a vacant property, fences, walls and boat lifts shall be permitted as accessory uses and structures.
(2)
No boating structures shall be constructed without the issuance of a building permit.
(3)
No boating structures shall be permitted in the waters of the Gulf of Mexico.
(4)
Boating structures are required to meet the minimum side yard requirement set forth in the zoning district in which the property is located except as otherwise permitted in this section.
(5)
At the end of canals boating structures must remain within an area determined by extending a line from each corner of the canal on a forty-five-degree angle to the mid point of the canal. Where two (2) properties share a property line at the end of a canal the property line will extend in to the canal to establish division between the properties.
(a)
Boating structures at the end of canals with less than seventy-five (75) feet of water frontage must maintain a ten-percent side setback as determined by the portion of the property that abuts the water.
(6)
Unwalled roofed areas are permitted on boating structures provided the overhang extends no more than two (2) feet seaward of the permitted dock or boat lift.
(7)
All mooring pilings, docks, lifts and exposed boat lift cradles located in a canal more than fifteen (15) feet seaward of the seawall or mean high waterline shall be marked with white or yellow reflectors, and the top three (3) feet shall be painted white. Docks extending more than fifteen (15) feet seaward of the seawall or mean high water line shall be required to mark only the two (2) outermost pilings with reflectors.
(8)
No boating structures shall fall within a state sovereign submerged land easement granted to the county unless approved by the county.
(9)
No boating structures shall impede safe navigation nor shall any such structures extend into the navigable channel.
(10)
This section, except that portion requiring a building permit, shall not apply to structures within a three-sided basin, provided, however, that all three (3) sides of the basin and the underlying basin bottom land are under unitary ownership and control.
(11)
If the requirements of this section cannot be met, an application for a special exception may be filed in accordance with the procedures of section 3-9-6.2, special exceptions.
(b)
Boating structures on waterbodies.
(1)
In natural bodies of water, including those which have been altered or dredged, on boating structures shall be erected nearer to the centerline of an open water span or edge of marked channel than fifteen (15) feet, nor shall any structures extend from the mean high waterline more than twenty-five (25) percent of the open water span at the point of installation, or less than fifteen (15) feet from the centerline of the open water span or edge of marked channel, whichever is less. The edge of the marked channel shall be considered the straight line drawn between successive channel markers.
(2)
On manmade bodies of water, such structures shall not extend further seaward than twenty-five (25) percent of the open water span or twenty-five (25) feet from the mean high waterline or seawall at the point of installation, whichever is less.
(3)
Signs prohibiting mooring shall be posted on the seaward end of any boat structure that extends the maximum length into a waterbody as permitted in this section.
(4)
The open water span shall be measured from seawall to seawall or mean high waterline to mean high waterline at point of installation. County staff will verify the open water span of a water body at the applicant's request with a review fee.
(5)
Boating structures shall be designed to prevent or minimize impacts to grass beds and other biologically productive bottom habitats. Where a boating structure is in conflict with subsections (b)(1) or (2) of this article, an extended length may be permitted where necessary to prevent impacts to grass beds and other biologically sensitive bottom habitats. A benthic survey prepared by an environmental professional may be required by the zoning official or his/her designee.
(6)
The length of boating structures shall be sufficient to provide for a minimum water depth of minus four (4) feet mean low water. Where a boating structure is in conflict with subsections (b)(1) or (2) of this article, an extended length may be permitted where necessary to obtain minus four (4) feet mean low water. A bathymetric survey verifying sufficient depth shall be required from a licensed professional.
(7)
A water depth of less than minus four (4) feet mean low water may be permitted if it can be demonstrated that the lesser depth will not result in boat impacts to sensitive bottom communities.
(c)
Boat ramps.
(1)
In the event separate access is created for a boat ramp from a public right-of-way, a permitted driveway apron must be built in accordance with the requirements of the Charlotte County Code of Ordinances.
(2)
Seawall removal in conjunction with boat ramp construction must be done in accordance with the requirements of the Charlotte County Code of Ordinances.
(3)
Boat ramps are required to meet a minimum side yard setback of six (6) feet in all zoning districts.
(4)
Boat ramps in residential zoning districts shall not be used for commercial purposes.
(Ord. No. 2014-041, § 1(Exh. A), 11-25-14; Ord. No. 2015-026, § 1(Exh. A), 5-26-15)