§ 118-1323. Shoreline improvements—Docks, seawalls, and other shoreline improvements.

(a)

Any person desiring to construct shoreline improvements within the city shall first apply for a permit prior to the installation of such improvements. Application shall be made to the city building department. A review fee of $100.00 shall be paid at the time the application is submitted for review. An additional engineer review fee (on a dollar for dollar basis) shall be charged to the applicant. The payment of such application fee shall in no way guarantee issuance of a shoreline improvement permit, and such fee is nonrefundable. No permit application will be accepted unless there is a principal use established on the property.

(b)

Standards for seawalls and docks. All seawalls and docks must conform to the following standards:

(1)

Seawalls:

i.

Seawalls must be constructed landward of the normal high water elevation.

ii.

Seawalls cannot fill within the 100-year flood plain without providing compensating storage.

iii.

Seawalls cannot be constructed within any conservation, drainage or utility easement.

iv.

Seawalls cannot cause the filling or alteration of environmental swales and/or drainage areas as required and permitted by SJRWMD without the express written approval (i.e., permit modification) of SJRWMD.

v.

Seawalls must have a minimum of 40 percent penetration below existing grade and have no more than a 3 to 1 slope facing waterward that is at least equal to the height of the wall above grade, as certified by plans signed and sealed by a qualified engineer.

(2)

Docks:

i.

Dock posts must, at a minimum, measure 4 inches × 4 inches in girth and be pressure treated for marine construction. Furthermore, such posts must be set a minimum of four feet into the existing lake, pond, river, or stream bottom.

ii.

All dock posts must be made from acceptable materials capable of withstanding reasonably anticipated environmental stresses and loads, such as poured in place concrete, solid poured concrete blocks 12″ × 16″ with an aesthetically pleasing poured top beam, or vertical slabs with an aesthetically pleasing top beam.

iii.

All dock applications must include a statement from a professional engineer or architect stating the proposed foundation depth will accommodate the stresses and loads that the dock is anticipated to bear.

iv.

Docks and or seawalls shall not be constructed in retention ponds or canals.

(c)

Applications. Application forms shall be available from the city's building department. All applications shall indicate whether the proposed shoreline improvements will be for public or private use. Shoreline improvements intended for private residential use that meet all applicable criteria shall be deemed permitted accessory uses in all waterfront areas that are zoned for residential use. If the proposed shoreline improvements are intended for public use, the applicant, depending upon the zoning classification of his/her property, may have to request a special exception permit from the planning and zoning board and city commission. All applications must also include a scale drawing(s), signed and sealed by a licensed professional engineer or architect, accompanied by five copies thereof, that provides accurate information as to each of the following elements:

(1)

An arrow shall be drawn to indicate the northerly direction of the property. Furthermore, the drawing shall indicate the scale to which the drawing was prepared and the name of the lake or water body on which the shoreline improvements will be located. All drawings must be drawn utilizing an industry standard engineering scale.

(2)

The sealed drawing(s) must show the dimensions of the property, and the length and location of the proposed dock, seawall, or any other shoreline improvements; and identify the licensed contractor who will be installing or otherwise constructing such improvements.

(3)

The exact distance between the existing shoreline and the point where the shoreline improvement is being proposed depicted in relation to a permanent landmark or structure (e.g., a house or large tree).

(4)

The exact distance of setbacks from adjacent property lines, the extension of those property lines into the water body, and an approximation of the distance of the proposed shoreline improvements to the closest existing docks, seawalls, or any other existing shoreline improvements or alterations located on either side of the property.

(5)

The floor elevation of the proposed dock, and the floor and roof elevation of any boat house or other structure connected to the dock.

(6)

The depth of the water at the end of the proposed dock.

(7)

The drawings must include a survey prepared by a Florida Registered Surveyor that indicates the precise location of the normal high water elevation and all existing conservation easements, conservation tracts, and conservation areas.

(8)

The drawings shall further be accompanied by all necessary clearance letter(s) and/or permit(s) from the St. Johns River Water Management District ("SJRWMD").

(d)

Application review. Shoreline improvement applications shall be reviewed and processed by the building department and the engineering department pursuant to the following rules and regulations with additional review to be conducted by the planning and zoning department. Upon compliance with the following procedures and approval of the building, engineering, and zoning departments, the city may issue a permit for the proposed improvement along with any conditions required to meet the requirements of this division:

(1)

Notice to neighboring property owners. Upon receipt of an application, the city shall send notices by first class mail to the owners of properties located within 300 feet of the parcel to be served by the shoreline improvement. All such notices shall require that written comments concerning the proposed improvements be sent to the city within 15 days following the date the notices were sent.

(2)

Building permit application. All requests for building permits for a dock, seawall, or other shoreline improvements must meet the following requirements in order to be approved:

i.

Docks and seawalls shall have a minimum side setback of 15 feet from the projected property line abutting the shoreline, unless such requirement is reduced by variance, which shall be subject to review by the engineering department and the approval of the planning and zoning board and city commission.

ii.

The length and configuration of docks or seawalls and other shoreline improvements shall be designed to assure that the applicant's reasonable use of such improvements will not unreasonably interfere with the riparian or littoral rights of other persons and property owners to use and access the lake. The length of a boat dock, seawall, or other shoreline improvement must be measured from the normal high water elevation on the shoreline as established in relation to a fixed landmark, object or permanent structure on the lot. Consideration will be given to the length and configuration of other existing docks, seawalls, and improvements abutting the lake or waterway and any other applicable policies or restrictions established by the city or state. No work shall be performed in easement areas established to provide for ingress, egress, drainage, or utilities. Under no circumstances shall a permit for the construction of a dock or seawall be utilized to construct any structures or facilities intended for residential habitation. No dock, seawall, or other shoreline improvement may exceed a length of 100 feet when measured waterward from the normal high water elevation.

iii.

The minimum height of docks, seawalls, and other shoreline improvements must exceed the normal high water elevation. No dock, seawall, or other shoreline improvement shall stand more than 13 feet above the normal high water elevation, provided that the dock does not unreasonably obscure the view of the adjoining water body when viewed from other waterfront properties. Docks may be equipped with roofs but cannot be enclosed about the sides, regardless of whether such enclosure is constructed from walls, fencing, screening, latticework, or fabric; however, transparent mesh screens shall be allowed to protect against insect intrusion.

iv.

Docks, seawalls, and other shoreline improvements, shall not impair or impact wetlands or riparian zones unless all necessary permits are obtained from the city, the Saint John's River Water Management District, the Florida Department of Environmental Protection, and any other state or federal agencies having regulatory jurisdiction over the affected property.

v.

No dock, walk, deck, or other similar shoreline improvement shall have a surface area exceeding 1,000 square feet. Docks, decks and walkways are not permitted to have more than one story, including without limitation, a walkway or useable platform above or upon the roof of any boat house.

vi.

The application must address standards for docks on canals, rivers, streams, or waterbodies measuring less than 200 feet wide to avoid restricting the navigability of such waters.

vii.

All shoreline improvement applications shall be accompanied by professionally prepared drawings of the proposed improvements that are signed and sealed by a professional engineer or architect.

viii.

Shoreline improvements cannot be located in easement areas provided for ingress, egress, drainage or utilities.

ix.

Walkways, docks, patio and decks located landward of the NHWE shall not exceed 25 percent of the rear setback area.

x.

No permit for a shoreline improvement shall be issued if the application demonstrates a reasonable potential that any of the following conditions will occur as a result of the construction or installation of such improvement:

a.

Obstruction or impairment to navigability;

b.

Unreasonable impairment of the view of the water body from other waterfront properties;

c.

Hazardous or unsafe conditions; or

d.

Unreasonable interference with the riparian or littoral rights of other nearby property owners. In the context of this criterion, "unreasonable interference" shall include but not be limited to situations in which a proposed structure impedes access to or ingress and egress of boaters and swimmers from other nearby docks and shorelines; infringes upon or otherwise intersects commonly traveled boat routes or established watercraft channels; or creates an unusual configuration of the shoreline that restricts boating access within navigable sections of the waterway.

(e)

Building permit required. Following the approval of an application for a proposed dock, seawall, or other shoreline improvement, the applicant must obtain a building permit from the city building department prior to commencing construction. Construction must be commenced and/or completed within the guidelines established by the building department.

(f)

Variances. An application for a variance from the requirements of division 10, 11, or 12 of this article shall be made to the planning and zoning board simultaneous with the submission of a shoreline improvement application and any applicable permit and review fees and will follow the adopted variance procedures. When a variance is requested, the applicant shall also submit to the city five sets of plans identifying the variance sought and setting forth those facts justifying the requested variance.

In addition to the criteria for variances established under section 180-131 of this Code, the planning and zoning board and city commission shall further consider the following as they specifically apply to variances issued for shoreline improvements, boat ramps, and shoreline alterations:

(1)

The average length and configuration of other docks or seawalls in the area;

(2)

The owner's right to enjoy reasonable use of his/her/its property;

(3)

The effects the improvements will have on navigability, safety, and the rights of adjoining property owners to enjoy the reasonable use of their properties;

(4)

The impact, if any, on the neighborhood and nearby properties;

(5)

Whether special conditions exist such that strict compliance with the provisions of this article would impose a unique and unnecessary hardship on the applicant;

(6)

The effect of the proposed variance on abutting shoreline property owners;

(7)

Whether the granting of the variance would be contrary to the intent and purpose of this article; and

(8)

Whether a variance is necessary to reach a water depth suitable for boating (i.e., usually five feet or more).

(g)

Appeals.

(1)

Permits. The applicant or any person entitled to notice may appeal the approval or denial of an application for a shoreline improvement, boat ramp, or shoreline alteration permit to the city commission by filing a petition within ten days of such approval or denial. Such petition shall be submitted to the city manager or his/her designee in writing and set forth the reasons and evidentiary basis for overturning the approval or denial of the requested permit. A timely filed appeal shall be heard by the city commission within 30 days of the date such appeal is filed with the city, although the city manager may authorize an extension of such 30-day period to 45 days.

(2)

Variances and special exceptions. Decisions of the planning and zoning board concerning variances and special exceptions related to the subject matter contained in divisions 10, 11, or 12 of this article may be appealed to the city commission in accordance with section 98-31 of this Code.

(3)

Appeals from decisions of the city commission. Appeals from the decisions of the city commission shall be made in accordance with section 98-32 of this Code.

(h)

Scope, effect of permit. Permits issued for shoreline improvements, boat ramps, and shoreline alterations shall not substitute for any permitting requirements of any state or federal agencies but shall instead be cumulative to any necessary environmental permits. The city shall not permit any shoreline improvements, boat ramps, or shoreline alterations in any areas where state or federal regulations prohibit the construction, installation, or implementation of such. Valid permits from Florida Fish and Wildlife Commission (FWC) and/or Florida Department of Environmental Protection (FDEP) may be substituted to meet city permitting requirements.

(Ord. No. 11-20, § I, 9-21-11; Ord. No. 17-21, § 11, 8-24-17)