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Crystal River City Zoning Code

SECTION 10

Supplemental Regulations

a.

Docks & Boat Structures

(1)

Docks and boat structures. This section shall provide standards for docks, boat davits, boat lifts, boat covers, and boathouses.

(2)

Boat Structures as a Principal Structure. Docks may be permissible as a principal structure on lots apparently platted for such purpose, subject to the following standards:

a.

The lot is owned by the owner of a development lot in the surrounding subdivision;

b.

The lot has less than two hundred fifty (250) square feet of land;

c.

The dock shall not extend beyond the property line for the lot; and

d.

The dock shall not be required to comply with the setback standards in this Code, but shall not extend beyond the side property lines as extended into the water perpendicular to the shoreline.

(3)

Boat Structure Approval Requirements. Where permitted, the following standards apply to boat structures:

a.

Property owners wishing to build, remodel, or repair these structures shall first obtain a city building permit and undergo the appropriate city building inspection.

b.

The maximum height of a boat davit, boat lift, boat cover or boathouse shall be seventeen (17) feet over the mean high water line to the highest point of the structure, with the elevation certified by the builder. No other structure constructed over the waters of the city shall exceed a height of six (6) feet over the mean high water line.

c.

Covered docks, boathouses, boat covers and other structures constructed over the water shall not be enclosed on any side.

d.

Neither a boat cover nor the roof of a boathouse shall be used as a deck, patio, dive platform, elevated viewing area or any type of use that would permit the occupation of the roof area. Boat covers and boathouses shall not include railings around the roof area or ladders or other devices for access to the roof area.

e.

Nothing in this section shall prohibit the erection or maintenance of any unenclosed boathouse or boat cover on a water shore line provided, however, that any such boathouse or boat cover shall be required to meet the minimum side yard setback if any, specified in this Section. Such side yard setback shall be measured from the extension of the side lot line into the water, perpendicular to the shoreline, at the point where it intersects with the mean high water line.

f.

No dock or other structure constructed over water shall include flotation devices that contain non-encapsulated styrofoam-type materials. Any dock or other structure constructed over water with flotation devices that contain non-encapsulated styrofoam-type materials shall be considered a non-conforming structure upon the adoption of this regulation. Flotation devices containing non-encapsulated styrofoam-type materials, which are used in such structures, are prohibited.

g.

In accordance with the Crystal River Comprehensive Plan, residential boat docks and docking and mooring facilities shall be limited so as to include only one (1) boat slip per one hundred (100) feet of shoreline, or part thereof. Previously-platted duplex and multi-family lots may have one (1) boat slip per fifty (50) feet of shoreline, or part thereof. If a permit application for a dock or docking facility appears to include vessel-docking facilities greater in number than the permissible number of boat slips, the applicant shall be required to designate which docking facilities are boat slips, as defined herein, and which docking facilities are not boat slips, as defined herein. The permit for such dock or docking or mooring facility shall include a condition that only the designated boat slips shall be used for the permanent docking or mooring of boats or vessels.

h.

Such structures need not be required to meet rear yard or waterfront setback requirements, but, except as provided hereinafter for joint docks, shall comply with any applicable side yard setback. Such side yard setback shall be measured from the extension of the side lot line into the water, perpendicular to the shore line, at the point where the side lot line intersects with the mean high water line.

i.

Residential docks shall meet all FDEP requirements and limitations so as to either not require a permit or written authorization from the FDEP or to obtain a letter of consent from the FDEP.

j.

Joint docks and boat slips, including attached boat covers, boat lifts, and boat davits, serving more than one (1) lot or parcel of land are permissible, provided the owners of such lots or parcels record an executed and effective agreement providing for the dock's location and joint use, access to the dock for all users, and enforceable joint maintenance obligations. A joint dock or boat slip may be located on a property line or within a side yard setback, as long as it serves the owners of both affected lots or parcels. The owners' agreement shall be recorded on the public records of Citrus County, at the owner's' expense, before the permit for the joint structure is issued.

k.

Boat davits and boat lifts are permissible on seawalls and on permitted boat docks. Such structures shall be constructed pursuant to sound engineering practices sufficient to protect the structural integrity of seawalls. Boats stored on such structures shall not protrude beyond the side yard setback. Such side yard setback shall be measured from the extension of the side lot line into the water, perpendicular to the shoreline, at the point where it intersects with the mean high water line.

l.

No fill or dredge activity is authorized by a permit for a dock or other structure issued according to this section. A separate permit is required for fill and dredge activities except such activity that is necessary to install pilings.

m.

No structure or combination of structures (including areas for boat parking) in Crystal River shall impede navigable waterways. To enforce this requirement the following additional limitations apply:

i.

Where a canal is 100 feet wide or more, structures may not project more than 25% of the canal width in the waterward direction.

ii.

Where a canal is less than 100 feet wide, structures may not project more than 22% of the canal width in the waterward direction.

iii.

Structures are prohibited within ten feet of either side of or adjacent to rip-rapped areas.

iv.

Structures must not impede safe navigation or extend into the navigable channel. To determine the navigable channel the City has the right to request additional survey information at their sole discretion.

n.

When a structure is found by the city manager to be severely dilapidated or deteriorated and presents a navigational or safety hazard, the city manager may direct the property owner to sufficiently repair the structure so as to remove the hazard or to remove the structure. The owner shall have ninety (90) days to repair or remove the structure, which ninety (90) days may be extended for additional thirty-day periods by the city manager for good cause shown. After such period of time, the city may cause the structure to be removed and shall charge the costs of such removal to the owner.

o.

Boats stored in the water shall not discharge any sewage into the Crystal River or any of its tributaries.

b.

Portable Accessory Structures

(1)

Portable accessory structures are those without a permanent foundation and capable of being moved intact. Portable accessory structures shall meet all the requirements for accessory structures and are restricted as follows:

a.

Such structures are limited to one (1) per lot.

b.

Anchoring is required subject to City approval.

c.

Such structures are prohibited in the waterfront setback.

d.

Trailers, mobile homes, and tractor trailers shall not be used as accessory structures.

e.

No mechanical equipment shall be operated within or attached to the structure.

c.

Wetlands & Shoreline Protection

(1)

For all property within one hundred fifty (150) feet of King's Bay, Crystal River, and all navigable tributaries the following provisions shall apply:

a.

Wetlands shall be preserved in their natural state. No fill may be placed in a wetland, and the wetland may not be altered; and

b.

Storage of hazardous materials as defined by the EPA under Title III of the Superfund Amendments and Reauthorization Act (SARA) shall be prohibited.

(2)

The following wetland protection provisions shall apply:

a.

For lots or parcels that are cleared adjacent to wetlands, silt screens shall be placed between the construction site and the wetland to prevent erosion and siltation;

b.

Any wetlands shown on the site plan to remain undisturbed that becomes damaged during construction shall be completely restored. Complete restoration means that the restored area shall function equivalently to the wetland prior to damage; and

c.

Septic tanks shall be prohibited within wetlands.

d.

Wellfield Protection

(1)

The purpose of this section is to provide criteria for regulating and prohibiting the use, handling, production and storage of certain substances which may impair present and future public potable water supply wells and wellfields.

(2)

Applicability. Regulations in this section for the designated wellfield protection areas are to be applied in addition to regulations found elsewhere in this Code.

(3)

Wellfield protection area.

a.

A wellfield protection area is hereby established to include all land within a five hundred-foot radius of:

i.

A public potable water wellhead; or

ii.

A site officially designated as a future wellhead by the city council at an advertised public hearing.

b.

The following uses shall be prohibited within the wellfield protection area:

i.

Above ground storage of hazardous wastes without secondary containment;

ii.

Cemeteries;

iii.

Commercial or industrial uses which handle, use, or store hazardous materials as defined by the EPA under Title III of the Superfund Amendments and Reauthorization Act (SARA);

iv.

Discharges of industrial wastewater to groundwater;

v.

Gasoline service stations;

vi.

Injection wells, including drainage wells or other facilities which provide for the disposal of stormwater directly into the aquifer absent normal percolation;

vii.

Junkyards or salvage operations;

viii.

Septic tanks;

ix.

Solid waste disposal facilities;

x.

Underground storage tanks; and

xi.

Wastewater treatment facilities.

(4)

Storage tanks for the operation of a potable water well and storage tanks for substances used for the treatment of potable water are exempt from the provisions of this section.

e.

Swimming Pools & Enclosures

(1)

Swimming pools and pool enclosures. The following is applicable to all zoning districts. All swimming pools with an overhead enclosure (whether attached to the principal structure or not) shall adhere to the setback requirements of the principal structure. A swimming pool that lacks the above referenced enclosure shall adhere to the following setback requirements:

a.

Side yard: Ten (10) feet.

b.

Rear yard: Ten (10) feet.

c.

Side yard, adjacent to street: Ten (10) feet.

d.

Front yard: not permitted (see exception below).

e.

Waterfront: Ten (10) feet from the mean high water line.

A swimming pool shall not be permitted to be sited in the front yard unless the front façade of the house addresses the bay or river and the rear yard addresses the street. In such a case, waterfront setbacks shall be utilized in the front.

If a swimming pool is located in a side yard or a side yard that fronts the street, the swimming pool shall be set back a minimum of ten (10) feet behind the front plane of the house.

(2)

If the site is designed in such a way that stormwater may flow unimpeded into the abutting waterway the applicant may be required to install a natural berm of eight (8) inches in height or a natural swale of eight (8) inches in depth between the edge of the pool deck and the water.

(3)

All pools shall provide fencing or enclosures in compliance with the requirements of the Florida Building Code.

(4)

A screen enclosure may be installed instead of, or in addition to, a fence or wall, provided that the screen enclosure meets all the requirements of accessory structures.

(5)

No overhead electric power lines shall pass over any pool, nor shall any power line be nearer than ten (10) feet horizontally or vertically from the pool's edge, unless enclosed in conduit and rigidly supported.

(6)

Pool equipment may be located within the side yard setback, but not closer than five (5) feet to side or rear yard lot line.

f.

Outdoor Lighting

(1)

Outdoor Lighting. Outdoor light fixtures are defined as outdoor artificial illuminating devices, outdoor fixtures, lamps, and other devices, permanent or portable, used for illumination or advertisement. Such devices shall include, but are not limited to, search, spot or flood lights for: Buildings and structures, residences, landscape lighting, sign lighting, parking lot lighting, thoroughfare lighting, and recreational and performance areas.

(2)

Shielding. All exterior illuminating devices, except those that are exempt shall be fully or partially shielded.

(3)

"Fully shielded" shall mean that those fixtures so designated shall be shielded in a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point of the fixture where light is emitted.

(4)

"Partially shielded" shall mean that those fixtures so designated shall have a light distribution in which the candlepower per one thousand (1,000) lamp lumens does not numerically exceed twenty-five (25) lumens (two and one-half (2/2) percent at an angle of ninety (90) degrees above nadir (horizontal), and one hundred (100) lumens (ten (10) percent) at a vertical angle of eighty (80) degrees above Nadir. This applies to any lateral angle around the luminaire.

(5)

Light spillage. Continuous light spillage onto neighboring properties shall not exceed one (1) foot-candle as measured at the lot line.

(6)

Low Intensity Exemptions. Low intensity fixtures which have a maximum candle power of less than one thousand (1,000) candelas are exempt.

(7)

Safety Lighting Exemption. Required safety lighting for towers (i.e., cellular) is exempt.

(8)

Illumination types. Incandescent, noble gas tube, quartz, fluorescent (filtered) and LED illumination types are permitted. All other illumination types require Growth Management Director approval.

(9)

Wall packs. Lights shall be fully shielded, limited to ancillary entrances.

(10)

Sign lighting. Externally illuminated signs shall use a "fully shielded" light directed solely at the sign.

(11)

Gooseneck lighting. Gooseneck lighting fixtures are strongly encouraged.

(12)

Streets, paths, and parking lots. New lighting in walkable areas shall be decorative and should range from ten (10) to twenty (20) feet in height.

g.

Commercial & Recreational Vehicles

(1)

The following standards apply to commercial vehicles, recreational vehicles, boats, and trailers.

(2)

Only one (1) commercial vehicle may be parked overnight in a residential zoning district, provided that the following conditions are met:

(a)

The vehicle is designed, used, or maintained primarily for the transportation of property;

(b)

The vehicle has an empty gross vehicle weight of ten thousand (10,000) pounds or less; and

(c)

The vehicle does not have a motorized cooling unit.

(d)

The limitation shall not apply to trucks that are actively loading or unloading materials, merchandise, or goods, or performing maintenance or repair services.

(3)

Motor homes, travel trailers, travel campers, recreational vehicles, and similar vehicles regularly or periodically utilized for dwelling purposes shall not be parked overnight in any zoning district except in an area specifically designated by this Code for that purpose. Motor homes, travel trailers, travel campers, recreational vehicles, and similar vehicles, when unoccupied, may be parked or stored in a completely enclosed building, or a carport attached to a principal building, or in a side or rear yard.

(4)

Boats (not including canoes and kayaks), boat trailers, utility trailers, and similar vehicles shall not be parked overnight in any zoning district except in compliance with the following standards:

(a)

Such vehicles may be parked or stored in a completely enclosed building, or a carport attached to a principal building.

(b)

Such vehicles shall display a current license or registration when a license or registration is required for the operation of the vehicle.

(c)

One (1) such vehicle may be parked in a side or rear yard.

(d)

One (1) such vehicle may be parked in a driveway, provided that the following standards are met:

(i)

The vehicle shall not reduce the amount of available parking below the standard required by this LDC.

(ii)

The vehicle shall not be located partially or wholly within the right-of-way.

(iii)

The vehicle shall not be located in such a manner as to impede access by public safety personnel, public safety equipment, or pedestrians to the principal building.

h.

Resort Housing Units

(1)

Resort housing units are permissible in properties previously CW zoning district (refer to Exhibit B), subject to the district standards and the supplemental standards set forth below.

a.

Nightly rentals or rentals of less than a one-week period are not permitted.

b.

Density for resort housing units shall not exceed twelve (12) units per acre.

c.

Resort housing units may be managed by the individual unit owner or by a property management company. An occupational license is required for the manager, whether an individual owner with a single unit, or a property management company.