HomeMy WebLinkAbout2022-013ORDINANCE 2022- 013
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 waterward of the mean high water line (MHWL) 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;
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:, provided that in no case, however, shall tThe surface area
covered by an unwalled shelter ,
extend more than one foot
beyond the footprint of thea boadift, as well as a boat with trimmed motor(s) stored aton
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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
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ORDINANCE 2022- 013
riparian side yard setback encroachment consideration for protection purposes include mangroves and
submerged aquatic vegetation.
(5) Environmental impact considerations. Piers, docks, boat shelters, and other waterfront structures shall be
located in order to minimize negative impacts on shoreline vegetation and marine grassbeds, as
applicable. On riparian property where the location of a waterfront structure over or in the vicinity of
light-sensitive aquatic vegetation (such as sea grasses) is unavoidable, such structure (or portion thereof)
shall be constructed a minimum of five (5) feet above the mean high water level where said aquatic
vegetation exists or could potentially exist, as determined by county environmental planning staff. Said
determination shall be based on staff review of seagrass inventory information and site specific
conditions.
(6) Design and construction characteristics of private observation/fishing piers. All private
observation/fishing piers shall be constructed to the following design characteristics:
(a) The main access pier shall not exceed four (4) feet in width.
(b) The terminal platform shall not exceed one hundred sixty (160) square feet in area and shall not be
used for docking a boat.
(c) The water depth at the outermost projection of the private observation/fishing pier shall not exceed
two (2) feet mean high water (MHW).
(d) Handrailing, built to Southern Building Code standards, shall be installed around that portion of the
perimeter, of the observation/fishing pier, that extends waterward of the mean high water line.
(e) That portion of the fishing pier that extends waterward of the mean high water line shall be elevated
at least five (5) feet above the mean high water line, as measured from the top of the decking material.
This elevation shall apply to both the main access pier as well as the terminal platform. The purpose
of the elevation is to reduce or eliminate the potential for mooring of boats at the observation/fishing
pier.
(f) "No Mooring" signs shall be installed on opposite sides of the main access pier and on the end of the
terminal platform facing waterward (i.e., three signs in total). Lettering shall be no less than four (4)
inches high and no greater than six (6) inches high.
(7) Prohibition ofprivate observation/fishingpiers in the Pelican Island National Wildlife Refuge. No private
fishing pier shall be permitted, authorized, or built within the Pelican Island National Wildlife Refuge.
SECTION #2: SEVERABILITY
If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to
be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and
the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion
thereof had not been incorporated therein.
SECTION #3: REPEAL OF CONFLICTING ORDINANCES
The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the
provisions of this Ordinance are repealed to the extent of such inconsistency or conflict.
SECTION #4: INCLUSION IN THE CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of
Indian River County, Florida. The sections of the Ordinance may be renumbered or re -lettered to accomplish
such, and the word 'ordinance" may be changed to "section", "article", or any other appropriate word.
SECTION #5: EFFECTIVE DATE
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ORDINANCE 2022-013
This Ordinance shall take effect upon filing with the Department of State.
This ordinance was advertised in the Press -Journal on the _21st day of _October , 2022, for a public
hearing to be held on the _l st_ day of _November , 2022, at which time it was moved for adoption by
Commissioner Earman , seconded by Commissioner Flescher , and adopted by the following
vote:
Chairman Peter D. O'Bryan
AYE
Vice Chairman Joseph H. Earman
AYE
Commissioner Susan Adams
AYE
Commissioner Joseph E. Flescher
AYE
Commissioner Laura Moss AYE
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
The Chairman there upon declared the ordinance
November , 2022.
I IWA
Peter D. O'Bryan,
ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller
BY: #44d4 I AJ& j
Deputy Clerk
This ordinance was filed with the Department of State on the following date: WAtmMMIZ `%&—a-2
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
D eingold, County Attorney
APPROV TO PLANNING MATTERS
Phillip J. Matson, AICP; Community Development Director
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