§ 5.03.06. Dock Facilities

A.

Generally. Docks and the like are primarily intended to adequately secure moored vessels and provide safe access for routine maintenance and use, while minimally impacting navigation within any adjacent navigable channel, the use of the waterway, the use of neighboring docks , the native marine habitat, manatees, and the view of the waterway by the neighboring property owners.

B.

Allowable uses. The following uses may be permitted on waterfront property:

1.

Individual or multiple private docks .

2.

Mooring pilings.

3.

Davits or lifts.

4.

Boathouses .

5.

Boat lift canopies.

C.

Measurement of dock protrusions and extensions.

1.

Measurement is made from the most restrictive of the following: property line, bulkhead line , shoreline , seawall, rip-rap line, control elevation contour, or mean high water line (MHWL).

2.

On manmade waterways less than 100 feet in width, where the actual waterway has receded from the platted waterfront property line, the County Manager or Designee may approve an administrative variance allowing measurement of the protrusion from the existing MHWL, provided that:

a.

A signed, sealed survey no more than 60 days old is provided showing the location of the MHWL on either side of the waterway at the site, as well as any dock facilities on the subject property and the property directly across the waterway; and

b.

At least 50% of the true waterway width, as depicted by the survey, is maintained for navigability.

3.

On manmade canals 60 feet or less in width, which are not reinforced by a vertical seawall or bulkhead, at least 33 percent of the true waterway width, as depicted by the survey, must be maintained for navigability.

4.

The allowable protrusion of the facility into the waterway shall be based on the percentages described in subsection 5.03.06(E)(2) of this LDC as applied to the true waterway width, as depicted by the survey, and not the platted canal width.

D.

Determination as principal or accessory use .

1.

On unbridged barrier islands, a boat dock shall be considered a permitted principal use ; however, a dock shall not, in any way, constitute a use or structure which permits, requires, and/or provides for any accessory uses and/or structures .

2.

Boathouses and dock facilities proposed on residentially zoned properties, as defined in section 2.02.02 of this LDC, shall be considered an accessory use or structure .

3.

Any covered structure erected on a private boat dock shall be considered an accessory use , and shall also be required to be approved through the procedures and criteria of subsections 5.03.06(G) and 5.03.06(F) of this LDC.

E.

Standards for dock facilities. The following criteria apply to dock facilities and boathouses , with the exception of dock facilities and boathouses on manmade lakes and other manmade bodies of water under private control.

1.

For lots on a canal or waterway that is 100 feet or greater in width, no boathouse or dock facility/boat combination shall protrude more than 20 feet into the waterway (i.e. the total protrusion of the dock facility plus the total protrusion of the moored vessel).

2.

For lots on a canal or waterway that is less than 100 feet in width, dock facilities may occupy no more than 25 percent of the width of the waterway or protrude greater than 20 feet into the waterway, whichever is less.

3.

On manmade canals 60 feet or less in width, which are not reinforced by a vertical seawall or bulkhead, dock facilities may protrude up to 33 percent of the width of the waterway, provided that the procedures outlined in section 5.03.06(C) are followed.

4.

For lots on unbridged barrier islands located within state aquatic preserves, protrusion limits, setbacks , and deck area shall be determined by the applicable Florida Department of Environmental Protection (DEP) regulations in effect at the time of permit application, and the protrusion limits above shall not apply. All required DEP permits for a dock facility must be obtained prior to the issuance of a Collier County building permit for the facility.

5.

All dock facilities on lots with water frontage of 60 feet or greater shall have a side setback requirement of 15 feet, except as provided in subsections 5.03.06(E) or 5.03.06(F) of this LDC or as exempted below.

6.

All dock facilities, except boathouses , on lots with less than 60 feet of water frontage shall have a side setback requirement of 7.5 feet.

7.

All dock facilities, except boathouses , on lots at the end or side end of a canal or waterway shall have a side setback requirement of 7.5 feet as measured from the side lot line or riparian line, whichever is appropriate.

8.

Riparian lines for lots at the end or side end of a waterway with a regular shoreline shall be established by a line extending from the corner of an end lot and side end lot into the waterway bisecting equidistantly the angle created by the 2 intersecting lots .

9.

Riparian lines for all other lots shall be established by generally accepted methods, taking into consideration the configuration of the shoreline , and allowing for the equitable apportionment of riparian rights. Such methods include, but are not limited to, lines drawn perpendicular to the shoreline for regular (linear) shorelines , or lines drawn perpendicular to the centerline (thread) of the waterway, perpendicular to the line of deep water (line of navigability or edge of navigable channel), as appropriate, for irregular shorelines .

10.

All dock facilities, regardless of length and/or protrusion, shall have reflectors and house numbers, no less than 4 inches in height, installed at the outermost end on both sides. For multi-family developments , the house number requirement is waived.

11.

Multi-slip docking facilities with 10 or more slips will be reviewed for consistency with the Manatee Protection Plan ("MPP") adopted by the BCC and approved by the DEP. If the location of the proposed development is consistent with the MPP, then the developer shall submit a "Manatee Awareness and Protection Plan," which shall address, but not be limited to, the following categories:

a.

Education and public awareness.

b.

Posting and maintaining manatee awareness signs.

12.

Information on the type and destination of boat traffic that will be generated from the facility.

13.

Monitoring and maintenance of water quality to comply with state standards.

14.

Marking of navigational channels, as may be required.

F.

Standards forboathouses. Boathouses , including any roofed structure built on a dock , shall be reviewed by the Planning Commission according to the following criteria, all of which must be met in order for the Planning Commission to approve the request:

1.

Minimum side setback requirement: Fifteen feet.

2.

Maximum protrusion into waterway: Twenty-five percent of canal width or 20 feet, whichever is less. The roof alone may overhang no more than 3 feet into the waterway beyond the maximum protrusion and/or side setbacks .

3.

Maximum height: Fifteen feet as measured from the top of the seawall or bank, whichever is more restrictive, to the peak or highest elevation of the roof.

4.

Maximum number of boathouses or covered structures per site: One.

5.

All boathouses and covered structures shall be completely open on all 4 sides.

6.

Roofing material and roof color shall be the same as materials and colors used on the principal structure or may be of a palm frond "chickee" style. A single-family dwelling unit must be constructed on the subject lot prior to, or simultaneously with, the construction of any boathouse or covered dock structure .

7.

The boathouse or covered structure must be so located as to minimize the impact on the view of the adjacent neighbors to the greatest extent practical.

G.

Standards for boat lift canopies.   

1.

Boat lift canopies shall be permitted over an existing boat lift attached to a dock legally permitted, by the requisite local, state and federal agencies, if the following criteria are met.

a.

Canopy covers shall not extend more than 27 inches beyond the width of the boat lift on each side.

b.

The length of the boat lift canopy shall not exceed 35 feet.

c.

The height of the boat lift canopy shall not exceed 12 feet, measured from the highest point of the canopy to the height of the dock walkway.

d.

The sides of the canopy cover shall remain open on all sides, except that a drop curtain, not to exceed 18 inches shall be permitted on the sides.

e.

Boat lift canopies shall meet the requirements of Awnings and Canopies in the Florida Building Code.

f.

Canopy cover material shall be limited to beige, or mid-range shades of blue or green.

g.

No boatlift canopies shall be permitted at sites that contain either a boathouse or a covered structure.

2.

Lots with frontage on canals shall be permitted a maximum of one boatlift canopy per site. Lots with frontage on bays shall be permitted a maximum of 2 boatlift canopies per site.

3.

If an applicant wishes to construct a boat lift canopy that does not meet the standards of subsection 5.03.06 G. above, then a petition for a boat lift canopy deviation may be made to the Planning Commission which shall review a sufficient petition application and either approve or deny the request.

H.

Dock facility extension. Additional protrusion of a dock facility into any waterway beyond the limits established in LDC subsection 5.03.06 E. may be considered appropriate under certain circumstances. In order for the Planning Commission to approve the boat dock extension request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, have been met. These criteria are as follows:

1.

Primary Criteria:

a.

Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than 2 slips; typical multi-family use should be 1 slip per dwelling unit; in the case of unbridged barrier island docks , additional slips may be appropriate).

b.

Whether the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s) described without an extension).

c.

Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel).

d.

Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50% of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages).

e.

Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks . (The facility should not interfere with the use of legally permitted neighboring docks ).

2.

Secondary criteria:

a.

Whether there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least 1 special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds).

b.

Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading and/or unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area).

c.

For single-family dock facilities, whether the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained).

d.

Whether the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of a neighboring property owner).

e.

Whether seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06(H)(2). of this LDC must be demonstrated).

f.

Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this LDC. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated).

g.

If deemed necessary based upon review of the above criteria, the Planning Commission may impose such conditions upon the approval of an extension request that it deems necessary to accomplish the purposes of this Code and to protect the safety and welfare of the public. Such conditions may include, but shall not be limited to, greater side setback(s) , and provision of light(s), additional reflectors, or reflectors larger than four (4) inches.

I.

Procedures for approval ofdocks, dock facilities,andboathouses.

1.

The Administrative Code shall establish the procedures and submittal requirements for the issuance of permits for docks, dock facilities , and boathouses . Notice procedures are provided in LDC section 10.03.06.

2.

All dock facilities are subject to, and shall comply with, all federal and state requirements and permits, including, but not limited, to the requirements and permits of the DEP, the U.S. Army Corps of Engineers, and the U.S. Environmental Protection Agency.

3.

Nonresidential dock facilities shall be subject to all of the provisions of LDC section 5.03.06, with the exception that protrusions for nonresidential dock facilities beyond the specified limits shall be determined administratively by the County Manager or designee at the time of site development plan review, based on an evaluation of the criteria in LDC subsection 5.03.06 H.

J.

Protection of seagrass beds. Seagrass or seagrass beds within 200 feet of any proposed docks , dock facilities, or boathouses shall be protected through the following standards:

1.

Where new docking facilities or boat dock extensions are proposed, the location and presence of seagrass or seagrass beds within 200 feet of any proposed dock facility shall be identified on an aerial photograph having a scale of 1 inch to 200 feet when available from the County, or a scale of 1 inch to 400 feet when such photographs are not available from the County. The location of seagrass beds shall be verified by the County Manager or designee prior to issuance of any project approval or permit.

2.

All proposed dock facilities shall be located and aligned to stay at least 10 feet from any existing seagrass beds, except where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property, and to minimize negative impacts to seagrasses and other native shoreline , emergent and submerged vegetation, and hard bottom communities.

3.

Where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property, the applicant shall be allowed to build a dock across the seagrass beds, or a docking facility within 10 feet of seagrass beds. Such docking facilities shall comply with the following conditions:

a.

The dock shall be at a height of at least 2.2 feet NAVD.

b.

The terminal platform area of the dock shall not exceed 160 square feet.

c.

The access dock shall not exceed a width of 4 feet.

d.

The access dock and terminal platform shall be sited to impact the smallest area of seagrass beds possible.

4.

The petitioner shall be required to demonstrate how negative impacts to seagrass beds and other native shoreline vegetation and hard bottom communities have been minimized prior to any project approval or permit issuance.

(Ord. No. 06-63, § 3.CC; Ord. No. 13-56, § 3.N; Ord. No. 16-27, § 3.O)