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Hernando County |
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Code of Ordinances |
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Chapter 8. BUILDING AND BUILDING REGULATIONS |
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Article V. MARINE CONSTRUCTION CODE |
§ 8-247. Standards.
The following standards shall be applicable in this article:
(1)
Waterbody measurements shall be made from mean low water line.
(2)
Docks shall not extend more than thirty (30) feet into a waterbody for a dock with a boat lift, or no more than twenty-five (25) feet for a floating or fixed dock.
(3)
No dock structure with a boat lift shall extend more than twenty (20) percent of the width of the waterway into a waterbody, or no more than seventeen (17) percent for a floating or fixed dock.
(4)
Marginal docks may be allowed. A marginal dock is a platform that runs parallel to the shoreline and does not contain an accessway. A marginal dock shall not exceed six (6) feet in width within one (1) mile of either side of the edge of the Weeki Wachee, Mud, Withlacoochee, and Little Withlacoochee Rivers. No marginal dock shall exceed more than five hundred (500) square feet in area.
(5)
A residential dock shall not accommodate more than two (2) boats for permanent mooring.
(6)
Main access docks shall be limited to a maximum width of four (4) feet for single-family residences and six (6) feet for private multifamily residences and commercial use.
(7)
For a waterbody measuring sixty (60) feet or less in width, docks shall be alternated from one (1) side of waterbody to the dock on opposite side.
(8)
Side yard setbacks shall be a minimum of five (5) feet to the nearest point of the structure.
(9)
In waterbodies where property lines exceed mean low water line, the mean low water line will govern seawalls and docks. Where mean low water lines exceed property lines, the property lines shall govern seawalls and docks. Notwithstanding the foregoing, any permit to construct a seawall may require that the seawall be constructed in such a manner as to be consistent with the location of any adjacent or nearby seawall or seawalls on the same side of the affected waterbody, unless the applicant demonstrates the existence of hardship, including, but not limited to, water depths in the relevant portion of the waterbody, the location of property lines, or clearly excessive construction costs; provided, however, that consistency may be required where hardship approval would result in a hazard to navigation or would be likely to cause water quality degradation.
(10)
No docks or moored vessel shall significantly hinder navigation upon the waterways or be constructed to block a neighbor's waterway access to their property.
(11)
Single pilings (mooring) shall not extend beyond the side setback or beyond the maximum distance into a waterbody allowed for a dock, or twenty-two (22) feet, whichever is less.
(12)
Terminal platforms, floating or fixed, shall be no more than one hundred thirty (130) square feet and the maximum dimension shall not exceed sixteen (16) feet for marine construction within one (1) mile either side of the edge of the Weeki Wachee, Mud, Withlacoochee, and Little Withlacoochee Rivers.
(13)
Stakes at mean low water line may be installed to assist permitting authorities in verifying setbacks. If a precise determination of either the mean low or mean high water line becomes necessary in measuring or verifying setbacks for purposes of this article or any other provision of the Code, it shall be the responsibility of the applicant to provide a current survey meeting all statutory and rule standards for such determination.
(14)
Common ownership docks may be permitted, and may be centered along a common property line without meeting the side yard setback provided appropriate reciprocal easements, restrictions and covenants are filed in the public records of the county.
(15)
Seawalls can only be located along non-vegetated shorelines unless permitted by all state and federal agencies with jurisdiction. Where permitted, the footer of all seawalls shall be faced with riprap as defined by FDEP.
(16)
The administrative official may vary these standards provided that a navigational hazard is not created, and a sworn affidavit of no objection is obtained from the adjacent property owners. If the required sworn affidavit of no objection from adjacent property owners is not obtained, or the administrative official chooses not to vary these standards, the applicant may request a public hearing before the board of county commissioners in accordance with the procedures and public notice requirements of article V, section 3 of appendix A of the Hernando County Code of Ordinances.
(Ord. No. 2016-4, § I, 3-22-16; Ord. No. 2017-5, § I, 1-24-17)