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HomeMy WebLinkAboutO-93-13 ORDINANCE NO. 0-93-13 ~N ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ANENDING, IN ITS ENTIRETY, SECTION 20A- 5.10 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN PERTAINING TO REGULATION OF WATERWAYS, WATERCRAFT AND MARINE RELATED STRUCTURES~ PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH~ PROVIDING FOR CODIFICATION; PROVIDING FOR SEVER~BILITY~ AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the city Council of the City of Sebastian has determined that an amendment to the Land Development Code of the City of Sebastian, pertaining to waterways, watercraft and marine related structures is necessary in order to regulate the location of docks, davits and structures accessory thereto within the local canals and lakes within the City of Sebastian, to regulate the use of self propelled boats within local canals and lakes and also to regulate live-aboard activity within waterways of the city of Sebastian; and WHEREAS, the city staff has prepared revisions to the Land Development Code consistent with the Council's desires; and WHEREAS, the City Council has determined that an amendment to the Land Development Code relating to waterway regulations is necessary to protect the public health, safety and welfare of the City of Sebastian's residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AS FOLLOWS: Section 1. Section 20A-5.10 of the City of Sebastian Land Development Code is hereby amended in its entirety as follows: "SECTION 20A-5.10 REGULATION OF WATERWAYSt WATERCRAFT AND MARINE RELATED STRUCTURES. A. Definitions. The Following words, terms and phrases, when used in this article shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: 1. Boat or vessel. Every description of self-propelled watercraft used or capable of being used as a means of transportation on water, including all types of boats and all uses thereof. As used herein, the terms boat or vessel are synonymous with watercraft. 2. Floatlng home. Any waterborne structure designed for or used primarily as a dwelling which either does not have an operable motor on board at all times, or which is not capable of manual or self-propulsion and controlled steering for removal from the dock in the event of an emergency. 3. Live-aboard vessel. Any vessel used solely as a residence for a period of more than thirty (30) days in a twelve month period. 4. Regular moorlng of watercraft. Any vessel moored, anchored, or docked in the same general area at least eight (8) hours within any day (twenty-four (24) hour period), for ten (10) days, not necessarily consecutive, within any calendar month. 5. Transient live-aboard vessel. Any vessel used solely as a residence for a period of less than thirty (30) days in a twelve month period. 6. Watercraft. See definition for "Boat or Vessel". 7. Water-dependent. Any activity, building or use which requires that it be conducted or constructed upon one of the waters of the state, to ensure its existence. 8. Water-related. Any activity, building or use associated with utilization of the waters of the state. 9. Waters of the city. Watered routes within the city limits, potentially transitable, which were established as outlets from federal and state sovereign waterways and are subject to federal pre-emption; or waters over lands held in trust by the State of Florida Trustees of the Internal Improvement Trust Fund (TIITF); or waterways platted as drainage easements or canals and deeded to the city of Sebastian to be maintained as stormwater management districts, and which, from time to time, following action by the controlling body after rain events or other reason, fill sufficiently to sustain the draft of a boat or vessel thus allowing use of the waterway as a roadstead for waterborne transportation. B. Docks, piers, wharves, 4avits, lifts and pilings. Accessory docks and unwalled boat shelters, davits, lifts and pilings, shall be permitted and erected in accordance with the following regulations. Ail docks, piers or wharves and associated pilings, and all davits or lifts whether associated with a dock or erected separately, shall require a building permit from the Community Development Department and other applicable permit(s), as required, through the State of Florida and/or federal regulatory agencies, including the U.S. Army Corps of Engineers and/or any other agency having appropriate jurisdiction. Ail docks, pilings or wharves, as permitted, shall be located so as to not interfere with the riparian rights of adjacent properties. Ail docks, piers, wharves, davits and lifts, as permitted, shall be located to meet the following requirements: Local canals and lakes - Said structure is located within the center one-third (1/3) of the waterfront footage of the property and shall not extend further than 20 feet or one-third (1/3) of the width of the waterway, whichever is the lesser distance. be Indian River Lagoon & Sebastian River - As permitted by applicable State and Federal regulations. Ail off-shore pilings shall not project further above the surface of the water than is reasonably necessary for their use and be located no further from the rear property line than: Local canals and lakes - 20 feet or 1/3 the width of the waterway, whichever is the lesser distance. Indian River Lagoon or Sebastian River - As permitted by applicable State and Federal regulations. This section notwithstanding, alternate site plan specifications may be presented to the planning and zoning commission for review and approval, as deemed necessary by the applicant. C. Regular mooring of watercraft / live-aboard regulations. 1. The following restrictions shall apply to regularly moored watercraft: Regularly moored watercraft shall not be permitted as business offices or other related commercial enterprises. This provision shall not preclude the regular mooring of watercraft for fishing operations, charters, pleasure and other water- dependent uses, provided said mooring is located at an approved private dock, commercial marina, or approved anchorage identified by the United States Coast Guard and depicted on nautical charts. Ail watercraft shall have the right to navigate within waters of the City, and may anchor in locations not otherwise restricted by local, state or federal regulation. Ail watercraft utilizing the waters of the City shall be maintained in a seaworthy condition, except when in a permitted repair area. Under no circumstances shall any vessel anchor or moor in areas that have been determined by the Florida Department of Natural Resources as protected areas for wildlife and plant life in the submerged lands. And in no event shall any owner or operator of any vessel discharge any untreated human waste from said vessel. Live-aboards are not permitted within the City of Sebastian. Transient live-aboards are permitted within the City of Sebastian subject to the following conditions: Any commercial marina within the City limits may maintain moorings and/or slips at docks for transient live-aboards, to encourage the use of the waterways of the City and to promote an increase in the economic base of the community. 4 (a) Ail such facilities shall provide litter receptacles and marine sanitation pump- out facilities as required by the Federal Environmental Protection Agency and the Florida Department of Environmental Regulation. (b) Such facilities may make available to users of offshore moorings a dock expressly for the purpose of accessing said moorings by dinghy or other small vessel; and may charge a reasonable price for the use of said dock. In all cases, users of U.S. Coast Guard- approved anchorages or commercial facilities shall maintain their vessels in seaworthy condition, and shall: (a) Abide by requirements to remove vessel from said premises for good cause, including but not limited to hurricane conditions or other storms, navigational hazards, or other unforeseen events. (b) Any regularly moored vessel with an absentee owner shall be maintained in seaworthy condition, and shall be removed from its regular mooring to a safer location following notification to do so by federal, state or local regulatory agencies, should weather or other hazardous conditions preclude continuance at the regular mooring site. D. Boat Limitations on city waterways· Only boats powered by electric motors or by a fuel internal combustion engine not exceeding three horsepower that is operated in accordance with the specifications of the manufacturer, canoes and paddle boats may navigate local canals and lakes within the city limits of Sebastian. The Sebastian River and the Indian River Lagoon are excluded from this restriction." Section 2. CONFLICTS. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. CODIFICATION. It is the intention of the city Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Sebastian, Florida; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and the word 5 "Ordinance" may be changed to "Section," "Article" or other appropriate designations. Section 4. SEVERABILIT¥. In the event a court of competent jurisdiction shall hold or determine that any part of this ordinance is invalid or unconstitutional, the remaining provisions of this ordinance shall not be affected and it shall be presumed that the City Council of the city of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. This ordinance shall become effective immediately upon its adoption. The foregoing ordinance was member Councilmember' vote, the vote was as follows: moved for adoption by Council- . The motion was seconded by and, upon being put to a Mayor Lonnie R. Powell 6~ Vice-Mayor Frank Oberbeck Councilmember Carolyn Corum . Councilmember Norma J. Damp Councilmember Robert Freeland ~W~ The Mayor. thereupon declared this ordinance duly passed and adopted this /~.-4~-__ day of _~~ , 1994. Kathryn ~. O'Hallora~n~-CMC/AAE City Clerk "- I HEREBY CERTIFY that notice of public hearing on this ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this 6 ordinance at 7:00 p.m. on the /Z'~. day of ,~~.~ ,. 1.99.~, and the following said public hearing this ordinance ~as-~assed 'by the City Council. .~~ ~athry~ M. O'H~loran, 'CMC/~E a/t City Clerk .... Approved o form and content: Charles Ian Nash, '~'~ty Attorney