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ORDINANCE 2022- 013 the boatsl lift, consistent with Florida Department of Environmental Protection (FDEP) and other jurisdictional agency requirements. Such shelters are not included in the square footage calculation of a terminal platform. Unwalled shelters on a private observation/fishing pier shall not exceed one hundred sixty (160) square feet; and 4. The height of the unwalled shelter shall not exceed twenty (20) feet above the mean high water line. (b) Extension of docks, public piers, and private observation/fishing piers in waterways; generally. 1. Docks, including tie -off piles, mooring or dolphin poles, and public piers shall not project outward from the shore more than twenty-five (25) percent of the width of the waterway at a point where they are located. The outward projection of a dock and associated structures shall be measured from the water's edge at mean low tide. The location, dimensions, and structural character of all structures shall be in conformity with applicable federal and state jurisdictional agency regulations. 2. Private observation/fishing piers shall not project outward from the shore more twenty-five (25) percent of the width of the waterway at a point where the fishing pier is located, or thirty- five (35) feet beyond the shoreline, whichever is less. The outward projection of an observation/fishing pier shall be measured from the water's edge at mean low tide. The location, dimensions, and structural character of all structures shall be in conformity with applicable federal and state jurisdictional agency regulations. (c) [Exceptions.] Application of paragraphs in "b" above shall not result in a unobstructed waterway of less than twenty-five (25) feet in width (twelve and one-half (12%2) feet either side of the waterway centerline). (4) Riparian side yard setback encroachment prohibited. No dock, pier, boat shelter or other waterfront structure may encroach on a required riparian side yard setback as extended waterward for the zoning district in which the project is located, unless such an encroachment is necessary for the utilization of riparian rights. Notwithstanding, an applicant shall have an opportunity to apply for an administrative approval to construct a water front structure within a riparian side yard setback, under the following circumstances. (a) Shared facilities. Adjoining property owners desiring to share dock/boat slip facilities may apply for administrative approval pursuant to the provisions of Chapter 914. The applicants shall provide a detailed plan showing the dock location and configuration and all aquatic and shoreline vegetation. If approved, shared facilities may allow for up to four (4) or less boat slips without being considered multi -slip facilities. The applicant(s) shall also provide written confirmation of a recorded access easement which verifies joint access to the proposed structure. Adjoining property owners sharing dock boat/slip facilities shall not be permitted to construct additional, separate dock/boat slip facilities prior to the removal of the existing structure. Encroachment of the shared facility may only occur with regards to the adjoining property owner's shared lot lines. (b) Hardships. In cases where lot configurations may create a hardship as applied to riparian side yard setback encroachment of single-family dock/boat slips, the applicant may apply for administrative approval pursuant to the provisions of Chapter 914. The applicant shall provide a detailed plan indicating the nature of the hardship as well as the proposed dock location, specifications and any aquatic or shoreline vegetation. County staff shall notify any affected adjacent property owner, as applicable, of the pending application. In all cases, the proposed encroachment shall be the minimum necessary to allow for the desired use. (c) Environmental constraints. In cases where environmental conditional on a subject property are such that the location of a dock or other waterfront structure within a riparian side yard setback would afford the best protection of on-site natural resources, an applicant may apply for and be granted an administrative approval pursuant to the provisions of Chapter 914. Natural resources that warrant Bold Underline: Additions to Ordinance 2 Strike dwouglr: Deleted Text from Existing Ordinance F:\Community Development\Users\Steven Hitt\LDR Amendment\2022020086-91934\BCC\2022-_932.07(3) Proposed Ordinance.docx