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ORDINANCE 2019- 015 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS TO CHAPTER 932, COASTAL MANAGMENT; BY AMENDING SUBSECTION 932.07(3)(A), UNWALLED SHELTERS, OF SECTION 932.07, PIERS, DOCKS AND BOAT SLIPS; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 932, COASTAL MANAGEMENT, BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 932.07, Piers, docks and boatslips, as follows: Section 932.07. Piers, docks and boatslips. (1) Restrictions upon regularly moored watercraft; maintenance. Watercraft shall not be regularly moored along any shore without consent of the riparian land owner. Regularly moored watercraft shall not be used as live -aboard vessels, offices or commercial enterprises except in commercial marinas with approval and facilities for that purpose. Regularly moored watercraft shall be kept in seaworthy condition when not in a permitted repair area. The mooring of live -aboard vessels (as defined in Chapter 901) in commercial marinas shall be limited to those boat slips designated for live -aboard vessels use on an approved site plan meeting the provisions described in section 971.35(3). (2) Location of boatslips. Boatslips shall be permitted only as a wet storage area adjacent to a dock, marina, boat livery, or boat yard. Boat slips shall not encroach upon a riparian side yard setback as determined by the applicable zoning side yard setback of the zoning district in which the project is located, as extended waterward from the adjacent upland. No portion of a watercraft moored at such boatslip shall project into the extended riparian side yard setback, unless necessary to allow the utilization of riparian rights. (3) Projection of waterfront structures. (a) Unwalled shelters. Unwalled shelters may be erected over boatslips associated with docks or over the terminal platform associated with private observation/fishing piers and public piers; however, no part of such shelter may be erected beyond waterward of the mean high water line (MHWL) shoreline unless the following conditions are met: 1. The applicant shall provide a detailed inventory of sea grasses and submerged aquatic vegetation in the area to reviewing county staff, 2. The applicant must demonstrate that the unwalled shelter does not adversely impact light- sensitive aquatic resources such as sea grasses; The combined total surface area of the unwalled shelter, walkway, and the terminal platform of the associated dock, private observation/fishing pier, or public pier shall not exceed Florida Department of Environmental Protection (FDEP) size limitations where such structures are located in an aquatic preserve_, pr��:dca surface area covered by an unwalled shelter shall not exceed four hundred (400) square feet on a dock, except that the surface area coveralse of the unwalled shelter may be greater than 400 square feet up to 1,000 square feet if the coverage does not exceed fifty percent (50%) of the combined total surface area of the entire waterfront structure located waterward of the NH-IWL. The roof of the unwalled shelter shall not extend more than one foot beyond the footprint of the boat stored at the boatslip. Such shelters Bold Underline: Additions to Ordinance 8tr-ilE0 threugh: Deleted Text from Existing Ordinance M:\LDRs\932.07 Boat Shelters Guidroz LDR Amen d\2019-932.07(3) unwalled boat shelters REVISED for BCC.doex