Tuesday, October 26, 2010

Belle Isle Florida Boat Dock Regulations

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Sec. 48-31. - Application process.
(a)Permit and review. Any person desiring to construct a boat dock, regardless of whether it is made of wood or another material, within the city shall first apply for a permit to construct the boat dock. Applications shall be made to the city. Upon receiving the application, a city administrative officer shall perform a site review of the proposed dock location. The city shall review the application and shall contact the applicant if the application fails to meet any of the requirements set forth in this section.

(1)City's administrative review fees. An administrative review fee of $165.00 shall be paid at the time the application is submitted. The administrative review fee does not include the Orange County building permit's processing fee.

(2)Application. The applicant shall submit a city boat dock application, a county boat dock application, a survey and three sets of plans showing the dock. These forms shall be available in the city hall office. The survey and plans shall provide accurate information as to all of the following items:

a.An arrow indicating the northerly direction and an indication of the scale to which the drawing was prepared;

b.The dimensions of the property, and the length and location of the proposed dock;

c.The exact distance between the existing shoreline, at the point where the dock is to be constructed, and a permanent object or construction (e.g., house, tree) to be used as a reference point;

d.The exact distance of setbacks from adjacent property lines, and an approximation of the distance from the closest dock on each side of the property;

e.The floor and roof elevation of the proposed dock, boathouse or other structure connected to the dock;

f.The depth of water at the end of the proposed dock; and

g.A survey, performed within the last three years, of the property indicating the normal high-water elevation of Lake Conway (86.9) as established by the county on October 25, 1982.

(3)Building permit. Following the approval by the city of a boat dock application, the applicant is also required to obtain a building permit from the county building department prior to commencing construction. In the event electricity is run to the boat dock, the proper electrical permit must also be obtained from the county building department.

(b)Commencement and completion of construction. All construction must be commenced, or completed, or both, within the guidelines established by the county building department. The applicant is responsible for all fees associated with the procurement of the necessary permits.

(Ord. No. 92-6, ch. V, art. A, § 1, 12-15-1992; Ord. No. 04-03, § 5, 3-12-2004)

Sec. 48-32. - Design criteria.

Boat dock applications shall be reviewed under the following rules and regulations:

(1)Setbacks. Boat docks shall have a minimum side setback of five feet from the projected property lines of all abutting shoreline properties.

(2)Length. Consideration will be given to the length of other docks within 300 feet on either side of the proposed dock and to any previous length restrictions that the city council may have established. For comparison, the length will be measured from the existing shoreline, with reference to a fixed object or structure on the lot. If there are no other adjoining docks in the vicinity, then the maximum length of the boat dock shall not exceed 40 feet measured from the 86.9 normal high water elevation contour line of Lake Conway, as marked by a registered surveyor, to the lakeward end of the dock.

(3)Total area. A boat slip, platform and any other portion of the dock, covered or uncovered, collectively may not exceed 500 square feet in total area.

(4)Height. Except for floating docks, the minimum height of boat dock decks shall place them one foot above the normal high water elevation of Lake Conway. The maximum height, which is to be measured from the top of the structure, shall be 13 feet above the normal high water elevation of Lake Conway. The minimum height of a floating dock deck shall be one foot above the water level.

(5)Walkway. That portion of the dock lying waterward of the 86.9 feet contour line of Lake Conway as established by the county on October 25, 1982 and extending to the juncture of the slip or platform, whichever is closest to the shore. A walkway shall be a minimum of four feet in width. The area for a walkway shall not be included as part of the total area for the structure unless the walkway exceeds four feet in width. In such cases, the excess square footage generated by the width in excess of four feet shall be included in the total area for the platform and/or slip.

(6)Number and location of boat docks.

a.No boat dock construction permit shall be issued on a lot or combination of lots that does not have a principal building first located thereon.

b.Only one boat dock per principal building that is located on a lot or combination of lots shall be allowed on any such lot or combination of lots.

c.Boat docks shall only be permitted on lots or combinations of lots zoned or used for residential purposes, and no boat docks shall be permitted on any lot or combination of lots used for agricultural, commercial, professional-office and/or industrial purposes.

d.Boat docks on public property and/or homeowners associations lots shall be exempted from provisions of subsections (6)a and b of this section. However, only one boat dock per parcel may be located on public property and/or homeowners association property. The term "parcel" shall mean all contiguous property owned by a homeowners association or by a public entity.

e.All boat docks shall be permanently affixed to the lake bottom, and shall be subject to the provisions of this article except where noted.

(7)Restrictions. All boat docks shall adhere to the following restrictions:

a.No work shall be within areas which constitute easements for ingress or egress, or for drainage.

b.No structures having flat roofs will be permitted. The pitch of the roof shall have a minimum slope of 2:12 and a maximum slope of 5:12.

c.No structure having enclosed sidewalls shall be permitted. This includes areas for fueling and/or storage facilities. The term "enclosed" shall be defined as, by way of example but not by limitation, screen enclosures, chainlink fencing, lattice fencing and any form of paneling.

d.Under no circumstances shall a permit for the construction of a boat dock to be utilized for residential purposes be issued.

e.No permit applications will be accepted unless there is a principal building established on the property, or a building permit has been issued to construct said building.
(Ord. No. 92-6, ch. V, art. A, § 2, 12-15-1992; Ord. No. 95-4, 4-18-1995; Ord. No. 98-2, 4-21-1998)

Sec. 48-33. - Variances.

In the event the applicant wishes to construct a boat dock in excess of any of the criteria mentioned in section 48-32, a variance must be applied for to the board. There shall be a $100.00 application fee for the first variance and a $50.00 fee for each additional variance requested at the same time. The board shall not approve an application for a variance unless and until each of the following criteria have been met:

(1)The boat dock shall not create conditions hazardous to navigation nor any safety hazards;

(2)The location and placement of the boat dock shall be compatible with other docks in the area, and the shoreline contour of the lake;

(3)The current level of the lake shall not be a factor in deciding whether to approve or deny a variance; and

(4)The requirements of section 42-64(1) except for subsection 42-64(1)d.

(Ord. No. 92-6, ch. V, art. A, § 3, 12-15-1992; Ord. No. 04-03, § 5, 3-12-2004)

Sec. 48-34. - Boat docks not on Lake Conway.

(a)Any person desiring to construct a boat dock in an industrially zoned district shall be subject to the provisions of this article except as follows:

(1)A boat dock constructed in an industrially zoned district shall not be required to comply with the provisions of section 48-32 except that all boat docks shall be permanently affixed to the water body bottom; and

(2)The survey required by subsection 48-31(a)(2)g. shall indicate the normal high water elevation (if any) of the applicable body of water.

(b)Zoning approval for construction of a boat dock on a waterway other than Lake Conway shall be subject to the following criteria:

(1)The boat dock shall not create conditions hazardous to navigation.

(2)The boat dock shall not create any safety hazards.

(3)The boat dock shall not interfere with the riparian rights of any adjacent property.

(4)The boat dock shall have a minimum setback of five feet from projected property lines of all abutting shoreline properties.

(Ord. No. 06-04, § 1, 4-4-2006)

Secs. 48-35—48-60. - Reserved.

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