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ORDINANCE 2019- 015 <br />are not included in the square footage calculation of a terminal platform Unwalled <br />shelters on a private observation/fishing pier shall not exceed or one hundred sixty (160) <br />square feet ; and <br />4. The height of the unwalled shelter shall not exceed twenty (20) feet above the mean high <br />water line. <br />(b) Extension of docks, public piers, and private observation/fishing piers in waterways; generally. <br />1. Docks, including tie -off piles, mooring or dolphin poles, and public piers shall not project <br />outward from the shore more than twenty-five (25) percent of the width of the waterway at a <br />point where they are located. The outward projection of a dock and associated structures shall <br />be measured from the water's edge at mean low tide. The location, dimensions, and structural <br />character of all structures shall be in conformity with applicable federal and state jurisdictional <br />agency regulations. <br />2. Private observation/fishing piers shall not project outward from the shore more twenty-five <br />(25) percent of the width of the waterway at a point where the fishing pier is located, or 35' <br />beyond the shoreline, whichever is less. The outward projection of an observation/fishing pier <br />shall be measured from the water's edge at mean low tide. The location, dimensions, and <br />structural character of all structures shall be in conformity with applicable federal and state <br />jurisdictional agency regulations. <br />(c) [Exceptions.] Application of paragraphs in "b" above shall not result in a unobstructed waterway <br />of less than twenty-five (25) feet in width (twelve and one-half (12 %2) feet either side of the <br />waterway centerline). <br />(4) Riparian side yard setback encroachment prohibited. No dock, pier, boat shelter or other waterfront <br />structure may encroach on a required riparian side yard setback as extended waterward for the zoning <br />district in which the project is located, unless such an encroachment is necessary for the utilization of <br />riparian rights. Notwithstanding, an applicant shall have an opportunity to apply for an administrative <br />approval to construct a water front structure within a riparian side yard setback, under the following <br />circumstances. <br />(a) Shared facilities. Adjoining property owners desiring to share dock/boat slip facilities may apply <br />for administrative approval pursuant to the provisions of Chapter 914. The applicants shall provide <br />a detailed plan showing the dock location and configuration and all aquatic and shoreline <br />vegetation. If approved, shared facilities may allow for up to four (4) or less boat slips without <br />being considered multi -slip facilities. The applicant(s) shall also provide written confirmation of a <br />recorded access easement which verifies joint access to the proposed structure. Adjoining property <br />owners sharing dock boat/slip facilities shall not be permitted to construct additional, separate <br />dock/boat slip facilities prior to the removal of the existing structure. Encroachment of the shared <br />facility may only occur with regards to the adjoining property owner's shared lot lines. <br />(b) Hardships. In cases where lot configurations may create a hardship as applied to riparian side yard <br />setback encroachment of single-family dock/boat slips, the applicant may apply for administrative <br />approval pursuant to the provisions of Chapter 914. The applicant shall provide a detailed plan <br />indicating the nature of the hardship as well as the proposed dock location, specifications and any <br />aquatic or shoreline vegetation. County staff shall notify any affected adjacent property owner, as <br />applicable, of the pending application. In all cases, the proposed encroachment shall be the <br />minimum necessary to allow for the desired use. <br />(c) Environmental constraints. In cases where environmental conditional on a subject property are <br />such that the location of a dock or other waterfront structure within a riparian side yard setback <br />would afford the best protection of on-site natural resources, an applicant may apply for and be <br />granted an administrative approval pursuant to the provisions of Chapter 914. Natural resources <br />Bold Underline: Additions to Ordinance 2 <br />Sim through: Deleted Text from Existing Ordinance <br />M:\LDRs\932.07 Boat Shelters Guidroz LDR Amend\2019-_932.07(3) unwalled boat shelters REVISED for BCC.docx <br />