New boat basins shall be prohibited. Marinas and other multi-slip docking facilities shall use docks extending out to water no less than four feet deep at mean low tide, and dredging for marinas or multi-slip docking facilities shall be restricted to limited channels for launching boats or changes to existing boat basins to correct environmental problems.

(Ord. No. 356, § 6(8a.1), 11-13-90)

New marinas and multi-slip docking facilities shall conform to the following criteria:

(1)

Public use marinas shall be allowed only in the Business (B) Zoning District;

(2)

Nonpublic use marinas or multi-slip docking facilities shall be allowed only in Residential Zoning Districts and then only if use of docking facilities are limited to use by residents;

(3)

Marinas and multi-slip docking facilities must provide vehicular parking and sewage pumpout facilities;

(4)

All parking, dry storage, and non-water dependent facilities must be built on existing uplands;

(5)

Marinas and multi-slop docking facilities shall prepare hurricane plans which describe measures to be taken to minimize damage to marina sites, neighboring properties, and the environment; this hurricane plan shall be reviewed and approved by the Emergency Management/Building Inspector;

(6)

Marina or multi-slip docking facilities shall comply with the other pertinent policies of the comprehensive master plan;

(7)

Fueling facilities associated with marinas shall be designed to contain spills from on-land equipment and shall be prepared to contain spills in the water.

(Ord. No. 356, § 6(8a.2), 11-13-90)

(a)

Definition. For purposes of this section, "boat" is defined as any vessel, barge, personal watercraft, whether or not it is propelled or powered by machinery, which is used or capable of being used as a means of transportation on water.

(b)

Business Tax Receipt. Prior to annual payment of the business tax for a "Service" use under the "General" category, in accordance with Article II of Chapter 9 of this Code, marinas regulated by this section must submit an affidavit signed by an authorized representative of their owner in the form approved by the Village attesting that the marina is a noncommercial private facility, and will be operated in compliance with the requirements of the PC District, this section, and the Village Code.

(c)

Regulations. Private marinas in the PC District shall conform to the following criteria:

(1)

Only those boats which are specifically designed for and capable of navigation of open waters, whether by sail or motor, are permitted to dock in the marina. Boat slips may be rented only to members of the private marina, and each dockage contract shall be good for one boat only for each slip, and shall be of at least six consecutive months' duration.

(2)

A Dockmaster shall be available onsite from 9:00 a.m. to 5:00 p.m. at least six days a week, and shall be on call and able to respond to inquiries within one hour at all other times.

(3)

Gasoline fueling is prohibited in boat slips. Diesel fueling in boat slips is only permitted through the Dockmaster between the hours of 8:30 a.m. and 5:30 p.m. Monday through Saturday, and may not occur at any hour on Sundays and on New Year's Day, Christmas Day, Independence Day, Labor Day and Thanksgiving Day.

(4)

Boat owners are not permitted to reside on their boats or to allow others to live on boats, and may not file a declaration of domicile pursuant to F.S. § 227.17, for their boats in the marina.

(5)

Each boat owner must register with the Dockmaster of the marina, who will be responsible for registering boat owners with the security gate on Harbour Way.

(6)

Boats that are under 90 feet long may only have two crew members stay overnight on the boat. Boats that are between 90 and 120 feet long may have three crew members stay overnight on the boat. Boats that are over 120 feet long may have more than three crew members stay overnight on the boat with special permission by the Dockmaster. If the boat owner is present on the boat, there is no limit on the number of crew members that may stay overnight. Boat owners shall register the crew members with the Dockmaster, who will register them with the security gate on Harbour Way. Crew members may not have guests in the marina.

(7)

Drilling into the Seawall is prohibited.

(8)

Dumping or discharge of sewage or other tanks while in the marina is prohibited.

(9)

Fishing, cleaning, gutting, and disposing of fish or other marine life are prohibited in the marina.

(10)

Dumpster shall be utilized for trash, and no trash shall be placed outside of dumpsters. Pursuant to Section 16-34 of the Village Code, all doors or gates to such screens or enclosures shall be kept closed at all times except during active Trash and Garbage disposal or pickup.

(11)

In accordance with Chapter 11 Article II "Noise" of the Village Code, it shall be unlawful for any Person to make, continue or cause to be made or continued any loud, excessive or unusual Noise Disturbance. Furthermore, the following authorized repair and maintenance activity on boats is allowed only between the hours of 8:30 a.m. and 5:30 p.m. Monday through Saturday, and shall not occur at any hour on Sundays and on New Year's Day, Christmas Day, Independence Day, Labor Day and Thanksgiving Day:

a.

Work ordinarily required to keep the boat seaworthy and in good condition.

b.

Minor repairs and routine maintenance, provided all such work is done within the interior confines of the boat and not carried out, in any manner on a boat hull or upon marina piers.

(12)

Boat owners are prohibited from running their auxiliary motors during the night to charge batteries.

(13)

Chartering, commercial use of a boat, and advertising commercial use of a boat moored in the marina are prohibited.

(14)

No parking is allowed on the grass. At least one parking space shall be provided per boat slip. Parking of trailers, boat trailers, or commercial vehicles is prohibited, except for the purpose of making deliveries. Parking of other motor vehicles shall be in a designated parking space. Vehicles shall not be washed at the marina.

(15)

Extensive overhaul repairs or painting of boats in the marina is prohibited.

(16)

The following boat repair and maintenance activity is prohibited at all times:

a.

Painting of any exterior portion of a boat, as well as scraping or sanding of paint on any portion of a boat.

b.

Any major repair including, but not limited to, the construction, repair, retrofit, rebuild or replacement of structural members or portions of a boat or propulsion system.

c.

Use of welding equipment, burning torch or other open flame apparatus.

d.

Sandblasting.

(Ord. No. 603, § 2, 1-30-18)

Editor's note— Ord. No. 2023-0652, § 2, adopted September 19, 2023, repealed § 21-446, which pertained to prohibition of habitable structures and derived from Ord. No. 356, § 7(8b.1), November 13, 1990.

Construction of structures shall be allowed seaward of the coastal construction control line provided such structures are designed pursuant to Chapter 8.5 of this Code and all State and local permits required for such Building construction are obtained by the applicant.

(Ord. No. 356, § 7(8b.2), 11-13-90; Ord. No. 2023-0652, § 2, 9-19-23)

Reconstruction or repair of the existing groin field and bulkheads in Bal Harbour Village shall be allowed, subject to all permitting requirements. Construction of any new groins or bulkheads seaward of the construction control line shall be prohibited.

(Ord. No. 356, § 7(8b.3), 11-13-90)

Vehicular traffic on the beach and in primary dunes and shall be prohibited, unless a permit is obtained from the Village Manager.

(Ord. No. 356, § 7(8b.4), 11-13-90)

The coast high-hazard area shall encompass the velocity zones on the Flood Insurance Rates Maps and the areas seaward of the coastal construction control line.

(Ord. No. 356, § 7(8b.4), 11-13-90)

Village-funded facilities shall not be built in the coastal high-hazard area, unless the facility is for public access or resource restoration.

(Ord. No. 356, § 7(8b.5), 11-13-90)

Existing access for the public to the beach shall be maintained by any new development or redevelopment. New beachfront development shall show on the site plan existing beach access ways, and the proposed development shall continue that access way, relocate it on the site, or donate it to the Village.

(Ord. No. 356, § 7(8b.6), 11-13-90; Ord. No. 473, § 3, 6-18-02)

All future public access facilities shall include parking facilities, wherever feasible.

(Ord. No. 356, § 7(8b.7), 11-13-90)