§ 50-716. Commercial boat landings, sport fisheries and marinas.

The following provisions apply to commercial boat landings, sport fisheries and marinas:

(1)

A site plan shall be submitted as provided in section 50-775.

(2)

No such facility shall be located contiguous to any existing public recreation facility.

(3)

The proposed locations for fuel storage tanks shall be approved by the state department of environmental protection prior to submittal to the board of county commissioners.

(4)

Pump-out facilities shall be provided for sewage holding tanks. All such facilities shall be approved by the county health department.

(5)

The developer shall provide certification that no vessels shall be permitted to dock with live-aboard persons; except, however, that commercial vessels may have one crew member aboard at all times for security purposes as a permitted and essential accessory use.

(6)

The waterfront shall be treated as the rear yard for administrative purposes. The building setback for the rear yard is zero feet.

(7)

Lot coverage for all such facilities shall be limited to 75 percent.

(8)

Pleasure facilities shall be located in areas where maximum physical advantages exist and where least dredging and filling will be required. All applicants for new or expanded marinas and commercial or sport fishery facilities shall document provisions for manatee protection as specified in Regional Policies 10.2.1.1 and 10.2.2.2.

(9)

Extended facility construction shall avoid destruction of marsh areas, shellfish beds and submerged grasses.

(10)

New marinas shall not be allowed in nor immediately adjacent to the following sensitive areas:

— Aquatic preserves.

— Class II waters approved by the state department of environmental protection for shellfish harvesting.

— Outstanding Florida Waters.

— Marine sanctuaries.

— Estuarine sanctuaries.

— Areas of essential manatee habitat, as determined by the state department of environmental protection.

(11)

Marinas must have sufficient upland for all non-water-dependent uses, such as, but not limited to, parking areas and restaurants. Dredging and filling of wetlands or open water in order to accommodate uses which are not water-dependent shall not be allowed. Exceptions may be granted in cases shown to be overwhelmingly in the public interest, such as the presence of sensitive upland natural systems.

(12)

Marina facilities shall be located where maximum physical advantage for flushing and circulation exists, where the least dredging and maintenance are required and where marine and estuarine resources will not be significantly affected by dredging, filling, or secondary impacts of the project.

(13)

Cumulative effects of several marinas and/or boat ramps in one area shall be considered in the review of proposed marina projects.

(14)

All new and expanded marinas must provide adequate capacity to handle sewage, either by means of on-site pump-out and treatment facilities or connection to a treatment plant. Applicants shall document the availability and capacity of such sewage facilities to handle the anticipated volume of wastes. All marinas with fueling facilities shall provide pump-out facilities of each fuel dock. Marinas which serve live-aboards or overnight transient traffic shall provide direct connections to municipal sewage collection systems at every live-aboard and transient slip.

(15)

All applicants shall provide documentation of their capability to respond as rapidly and effectively as possible to contain any spills of petroleum or other hazardous materials. Documentation shall be in the form of a spill contingency plan which includes a list of cleanup equipment and where it will be stored, fuel pump operation and emergency shutdown procedures, spill containment and removal procedures, and a description of the training which will be provided to marina personnel who will operate the pumps and deploy cleanup equipment.

(16)

All new and expanded marinas shall provide a demonstration of compliance with state water quality standards by maintaining a water quality monitoring program approved by the state department of environmental protection.

(17)

New marinas shall be located only in areas having adequate depths of ingress and egress with no dredging of productive submerged (vegetated or unvegetated) areas. A minimum water depth of four feet mean low water shall be required. Greater depth shall be required for those facilities designated for or capable of accommodating boats having greater than a three-foot draft. These depth requirements shall apply to the area between the proposed facility and any natural or other navigation channel, inlet, or deep water. Where necessary, marking of navigational channels may be required.

(18)

Grassbeds and other submerged habitat deemed valuable by state department of environmental protection will be subject to protection regardless of their size.

(19)

In reviewing applications for new or expanded docking facilities, ways to improve, mitigate or restore adverse environmental impacts caused by previous activities shall be explored. This may include shallowing dredge areas, restoring wetland or submerged vegetation, or marring navigational channels. Such mitigation or restoration may be required as a condition of approval for new, renewed or expanded facilities.

(20)

Immediate access (ingress and egress) points shall be delineated by channel markets, indicating speed limits, manatee area warnings and other applicable regulations.

(21)

All new and expanded marinas must provide treatment of stormwater runoff from upland areas to the extent necessary to ensure that state water quality standards are met at the point of discharge to waters of the state. In addition, all requirements of the water management districts and state department of environmental protection shall be met.

(22)

Boat maintenance activities in new or expanded marina sites shall be located as far as possible from open water bodies in order to reduce contamination of water bodies by toxic substances common to boat maintenance. Runoff from boat maintenance activities must be collected and treated prior to discharge.

(23)

Open wet slips shall be preferred to covered wet slips in marina design to reduce shading of water bodies which results in lowered biological productivity.

(24)

Marina design shall incorporate natural wetland vegetative buffers whenever possible near the docking area and in ingress/egress areas for erosion and sediment control, runoff purification and habitat purposes.

(25)

New marina facilities shall be designed to maximize the water quality benefits of existing water circulation and shall not adversely affect existing circulation patterns. Improvement of circulation shall be a preferred consideration when expanding or upgrading existing facilities. However, any buffer zone established by state department of environmental protection's shellfish environmental assessment section shall be maintained.

(26)

Marinas shall not be permitted in areas which have been determined by state department of environmental protection and U.S.F.W.S. to be critical to the survival of the endangered manatee. These areas can include, but are not limited to, manatee sanctuaries, feeding areas or areas which have been identified in state department of environmental protection or U.S.F.W.S. manatee recovery plans.

(27)

The West Indian manatee shall be afforded protection from boating activities which may have an adverse impact upon the species. In the implementation of this policy marina operators shall undertake the following manatee protection measures in areas where manatees are known to occur:

a.

Implement and maintain a manatee public awareness program, in consultation with the state department of environmental protection, which will include the posting of signs to advise boat users that manatees are an endangered species which frequent the waters of the regions' estuaries and lagoons and the provision of manatee literature at a conspicuous location;

b.

Declare the waters in and around marinas as "idle speed" zones; and

c.

Post telephone numbers to report an injured manatee.

(28)

The proposed land use must be compatible with all adjoining land uses.

(29)

Upland support services shall be available and adequate to serve the proposed use at or above minimum acceptable service levels.

(30)

Hurricane contingency plan shall be provided by any nonresidential use.

(31)

Ownership shall be documented.

(32)

An environmental protection plan shall be provided, documenting preconstruction, construction and post-construction protection of water quality, water depth, marshes and marine ecosystems; and including a mitigation plan to restore in the event of damage or destruction to the coastal environment.

(33)

Availability for public use and access shall be documented.

(34)

A market analysis shall document both the economic need and economic feasibility.

(1991 LDR ch. 79, § 6.01(G)(6); Ord. No. 05-01, § 10, 5-17-2005; Ord. No. 2007-03, § 22, 7-17-2007)