Laserfiche WebLink
� r � <br />Mr. DeBlois responded that enforcement would be based on a <br />complaint or if our attention is drawn to a situation, we deal with <br />it proactively. - <br />Ms. Kelley related conversations with friends who advised her <br />that a dock owner owns the land underneath the water and would be <br />allowed to rent that space. <br />Mr. DeBlois clarified that the owner of property is subject to <br />zoning regulations. <br />Attorney Vitunac confirmed Mr. DeBlois' statements, and added <br />that the County has the right to take the limited action laid out <br />in the ordinance. We are not addressing citizens' rights to use <br />the rest of the Indian River or the Intracoastal Waterway. <br />Ms. Kelley offered to send copies of Florida Statutes to the <br />County Attorney to prove her point, and Attorney Vitunac stated <br />that he would be happy to review whatever she has. <br />Commissioner Bird asked for clarification of "accessory" in <br />relation to docks, because there are communities where docks are <br />individually owned but not attached to an individual property. <br />They are grouped together in a marina. <br />Attorney Vitunac advised that "accessory" means incidental to <br />the principal use. In the subject under discussion, there is a <br />house with a, dock, so the dock is considered accessory to the <br />house. If they had just a dock with no house, it would be an <br />accessory use without a principal use. Attorney Vitunac believed <br />that the accessory use could be grouped together, as in <br />Commissioner Bird's example. <br />Mr. DeBlois pointed out that the case cited in staff's memo <br />went before the Code Enforcement Board and they did not make a <br />finding of a live aboard. They did make a finding that the slip <br />was being rented to someone other than the owner of the residence <br />because that came out in the evidence. As a result, the Code <br />Enforcement Board interpreted the existing accessory use <br />regulations that prohibited the leasing and renting of a boat dock <br />separate from the principal use. The regulation is straightforward <br />with that limitation. <br />Commissioner Bird doubted enforceability. He did not think it <br />would suffice for a neighbor to see a light on a boat. He felt it <br />would take a physical inspection by someone with authority and <br />documentation of the violation over a 30 -day period. <br />Commissioner Eggert mentioned sworn depositions. <br />Further discussion ensued regarding liveaboards and dock <br />rentals, and Ms. Kelley noted that boat owners have very few places <br />to dock their vessels because the secure marinas are full. <br />13 <br />August 15 1994 BOOK <br />