§ 5-297. Docks and boathouse structures.

Docks and boathouse structures shall be constructed in accordance with the following regulations:

(1)

Permit required. An applicant for a permit to construct a dock or boathouse structure shall submit plans and specifications to the city building department. Such plans shall include the relationship of such structure to the property and/or seawall line and the relationship to adjoining properties.

(2)

Halifax River shores. Other requirements for docks or boathouse structures located on the shores of the Halifax River, not including canals lying perpendicular to the Halifax River.

a.

The proposed dock must be so placed as to be in the center one-third ( 1/3 ) of that real property involved measuring fifty (50) feet or less along the waterfront, but in no case shall there be more than one (1) dock per fifty (50) feet of waterfront. No portion of the dock shall be any closer than fifteen (15) feet from the applicant's riparian rights lines.

b.

The width of the proposed dock shall not exceed fifteen (15) feet or twenty-five (25) percent of the width of the property at the seawall line, whichever is greater. The dock access walkway shall be no more than four (4) feet wide.

c.

The length of proposed dock shall be the minimum necessary but not cause a hazard to reach navigable water.

(3)

Perpendicular canals. Other requirements for docks or boathouse structures located in canals lying perpendicular to the Halifax River and in such canals having a width of fifty (50) feet or more:

a.

The width of the canal shall be measured at the narrowest point.

b.

A dock paralleling the seawall should be permitted provided that the dock does not extend further than five (5) feet into the canal. The five (5) feet shall be measured from the seawall to the outer edge of any pilings. Boats shall be permitted to dock along the side of this structure. No mooring pilings shall be allowed in excess of the five-foot dock.

c.

A boathouse shall be allowed provided that the boathouse does not extend further than fifteen (15) feet into the canal. The fifteen (15) feet shall be measured from the seawall to the outer edge of the roof overhang. Boats may be stored in the boathouses but not tied to the canal side of the structure.

d.

No structure shall be permitted that obstructs a thirty-foot clear area in the center of the canal.

e.

Docks and boathouses shall be required to meet side yard setback requirements and shall be located in the center third ( 1/3 ) of the lot.

(4)

Canals less than fifty feet wide. Other requirements for docks or boathouse structures located in canals lying perpendicular to the Halifax River and such canals having a width less than fifty (50) feet:

a.

Docks or boathouse structures shall be permitted only in the seawall notch or cutout areas.

b.

Structures shall comply with the requirements of subsection (3)a. through e. above.

(5)

General requirements. All structures must conform to the following requirements:

a.

All dock pilings shall be of three thousand (3,000) psi test concrete or pressure-treated creosote and have a cross section minimum of ten (10) inches. Concrete pilings shall be reinforced with steel rods as designated by the design engineer.

b.

Mooring, tie-off and davit piles may be of twenty-two (22) psi pressure-treated creosote wood or three thousand (3,000) psi reinforced concrete.

c.

All dock piles shall have a minimum penetration of six (6) feet into the compacted bottom.

d.

Piling shall not project above the surface of the water or land higher than six (6) feet above the adjoining seawall, bulkhead or retaining wall cap or the crown of the nearest road, street or thoroughfare if there is no seawall, bulkhead or retaining wall. No part of the dock, except piling, handrails or davits, shall be higher than the top of the adjoining seawall or the established grade of the seawall, if none exists, with the following exceptions: A boat cover will be allowed provided it meets all construction standards provided for in this Code as certified by a Florida-registered engineer. The boat cover at the bottom of the lowest cross member shall be no higher than twelve (12) feet above the surface of the water at mean high tide. The size of the cover shall not exceed five hundred (500) square feet with either the length or the width but not both having a maximum length of thirty (30) feet.

e.

All hardware shall be hot-dipped galvanized or better.

f.

No dock shall be repaired or altered except in conformance with these requirements.

g.

All permits for docks will be issued on the condition that such construction will be maintained in a safe condition at all times.

(6)

Penalties.

a.

Any person, firm or corporation who undertakes any of the activities specified herein without obtaining the required permit from the city shall have seventy-two (72) hours from the date of written notice from the city to file an application for an after-the-fact permit.

 Applicants for an after-the-fact permit shall be required to pay double the normal permit fee and shall further be required to correct any irregularities in the dock in order to make the structure comply with the standards of this article.

b.

Any person, firm or corporation who violates any of the provisions of this section shall be guilty of a second-degree misdemeanor which is punishable by a fine of not more than five hundred dollars ($500.00) or imprisonment of not more than sixty (60) days. Each and every day during which the violation continues shall be deemed a separate offense.

(Ord. No. 86-7, § 1(5-297), 4-8-86; Ord. No. 87-2, § 1, 3-10-87; Ord. No. 90-28, § 1, 9-25-90; Ord. No. 12-15, § 1, 10-23-12)