The City Council finds and determines that it is necessary to regulate coastal construction activities for the purpose of managing coastal wetland resources and preserving shorelines. It is therefore the intent and purpose of this section to regulate coastal construction and to minimize negative impacts associated with this construction including but not limited to: excess noise, visual blight, interference with navigation, hazards to health and safety, parking and traffic congestion and environmental degradation.

(Code 1992, § 16.50.130.1)

A.

Whenever this section specifies the need for an approval, a determination, the issuance of permits, review or the promulgation of standards or criteria, said approval, determination, review, permitting, or promulgation shall be based upon federal, state or local regulations, the requirements of this section and generally accepted scientific concepts and professional standards.

B.

The approval, denial or approval subject to terms, conditions, limitations or restrictions, for any permit provided for under this section, shall be based upon the criteria established in this section.

C.

For the purposes of this section, the term "dock" includes docks, dock related structures, and floating structures.

(Code 1992, § 16.50.130.2; Ord. No. 985-G, § 74, 7-15-2010)

A.

The City Council recognizes that, prior to the adoption of the ordinance from which this section is derived other jurisdictions have issued permits with or without conditions for the construction of docks within the City. Such previously permitted docks shall be grandfathered so long as they comply with the requirements of, and any conditions of, the original permit.

B.

The City may enforce any permit, and any conditions and requirements thereof, which was issued prior to the adoption of this section by another jurisdiction for a dock within the City, and the violation of any such permit, requirement or condition violates this section. Any work on a previously permitted dock shall comply with all the provisions of this section.

(Code 1992, § 16.50.130.3)

Docks shall be maintained by the owner or possessor of the property. It is a violation of this section to fail to maintain any dock in such a manner as to prevent deterioration, or to allow a dock to become a hazard to the public or to navigation, or to unreasonably limit access for drainage maintenance purposes, or to damage adjacent property, or to allow a dock to become unfit or unsafe. Unfit or unsafe docks are also subject to the provisions of chapter 8 concerning the repair, securing, demolition or removal of unfit or unsafe structures and the procedures and liens therefor.

(Code 1992, § 16.50.130.4; Ord. No. 985-G, § 75, 7-15-2010)

It is unlawful to dock, moor, park, store or in any other manner attach to or place more than two boats at or upon any dock except as otherwise allowed for multi-slip docks and commercial marinas which are limited to one boat per slip. In addition to the foregoing, each dock is permitted to store or have placed upon it not more than two boats, each boat to be not more than 12 feet in length. No boat may be docked, moored, parked, stored, attached to or placed upon any structure identified as or restricted to use as a fishing pier or observation deck.

(Code 1992, § 16.50.130.5)

A.

A dock permit is not required to:

1.

Add handrails not exceeding 3½ feet in total height, measured from the deck surface, on an existing legally permitted dock, provided that the railing consists of see-through construction (shadow box or stockade fencing is not acceptable) and is constructed with industry standard materials.

2.

Replace any portion or all of the decking of an existing legally permitted dock, provided the dock is within the extended side property lines and the repair maintains or reduces in size the original configuration as permitted.

3.

Replace any or all pilings of any existing legally permitted dock in the exact same location, provided the pilings are within the extended side property lines.

B.

Notwithstanding the foregoing, a building permit may be required for any such work.

(Code 1992, § 16.50.130.6)

A permit is required prior to the start of construction.

(Code 1992, § 16.50.130.7)

A.

Applications for a dock permit shall be processed only if the dock is associated with one of the following:

1.

Accessory uses to contiguous upland properties. One dock may be permitted and constructed as an accessory use to an existing lawfully permitted principal use on contiguous upland property. One pair of davits may be constructed on or next to a seawall as an accessory use if there is no dock, if the davits meet the side setbacks for the property and are designed to function independently of the seawall. For the purposes of this subsection, the term contiguous upland property shall include residentially zoned property which is (i) directly across a right of way or City owned easement from a salt water body and (ii) where the fee simple owner of the property is also the owner of the fee simple interest in the right of way or easement.

2.

Use on noncontiguous platted water lots. A dock may be permitted and constructed on a noncontiguous water lot if such water lot is legally platted. Abutting noncontiguous platted water lots of 30 feet or less which were under common ownership as of November 1, 2001, shall be considered as one noncontiguous water lot.

3.

Commercial marina. Any dock used for a commercial purpose shall comply with the following requirements:

a.

Commercial marinas providing slips for non-live-aboard vessels shall provide at least one pump out station for the removal of sewage from vessel holding tanks.

b.

Commercial marinas providing one or more slips for live aboard vessels shall install and provide permanent sewage pump-out connection at each live-aboard slip.

c.

Only commercial marinas may have fueling facilities. Commercial marinas which have fueling facilities shall comply with the following requirements:

(1)

The fueling area shall be designed to prevent runoff of any spilled fuel or oil into the water.

(2)

All fuel nozzles shall have automatic shut-off valves and be maintained in sound working order.

(3)

Floating oil booms, adequate absorbent materials, and spill cleanup equipment shall be available on site at all times in order to contain and clean up any oil or fuel spills.

4.

Docks for multifamily developments, planned developments and mobile home parks.

a.

A dock with a common access point may be permitted and constructed to serve as an accessory use to a multifamily development, planned development or mobile home park on contiguous upland property when the principal use has common area amenities. The application for a dock to serve a multifamily development, planned development or mobile home park shall be submitted by the person having control of the common areas.

(1)

The total number of slips shall not exceed:

(a)

The total number of dwelling units when accessory to a multifamily development;

(b)

The total number of single-family lots or the total number of multifamily dwelling units which constitute a planned development; or

(c)

The total number of mobile home lots when accessory to a mobile home park.

b.

Use of the dock shall be limited to residents of the multifamily development, planned development or mobile home park served by the dock. The dock shall not be used or operated as a rental marina nor shall any person or entity rent any boat slip except to residents of the multifamily development, planned development or mobile home park served by the dock.

B.

Approval of a site plan for the entire site, including any new dock or expansion of the number of slips on a previously permitted dock, is required at any commercial marina, multifamily development, planned development and mobile home park.

(Code 1992, § 16.50.130.8; Ord. No. 985-G, § 76, 7-15-2010; Ord. No. 1029-G, § 44, 9-8-2011; Ord. No. 21-H, § 1, 5-17-2012)

Editor's note— Section 3 of Ord. No. 21-H, adopted May 17, 2012, specifies that existing docks abutting Sunrise Drive S. between 39th Avenue and 46th Avenues are grandfathered as to location but shall not comply with all maintenance, reconstruction and use requirements of the City Code. The "extended lot lines" shall be as delineated in the Settlement Agreement in Bayou Bonita Land Trust vs. City of St. Petersburg, Case No. 07-10052CI-11.

Side setbacks shall be measured from the side lot lines of platted water lots or from the projected lot lines of contiguous platted upland lots. Side setbacks shall meet the following criteria:

1.

Tie poles and boat lifts shall be set back at least ten feet except that for lots with less than 20 feet of waterfront frontage, the setback shall be at least five feet. Setbacks for boat lifts and tie poles may be reduced to eight feet when added to existing docks which are set back 20 feet or more from the side lot line and for which a permit was issued prior to September 10, 2007.

2.

For lots with 50 or more feet of waterfront frontage, all portions of docks shall be setback at least 20 feet from the side lot line.

3.

For lots with more than 20 feet and less than 50 feet of waterfront frontage, all portions of docks shall be located within the middle one-third of the lot.

4.

For lots with 20 feet or less of waterfront frontage, all portions of docks shall be setback at least five feet from the side lot line.

5.

For docks that serve a multifamily development, planned development or mobile home park:

a.

Where the upland property abuts a single-family residence, all portions of the dock, tie poles and boat lifts shall be setback at least 40 feet from the shared side lot line.

b.

Where the upland property abuts land uses other than a single-family residence, all portions of the dock, tie poles and boat lifts shall be setback at least 20 feet from the shared side lot line.

(Code 1999, § 16.50.130.9.1; Ord. No. 985-G, § 77, 7-15-2010)

No portion of a dock may encroach into the waterway more than 25 percent of the width of the waterway.

(Code 1992, § 16.50.130.9.2)

No vertical side of a dock related structure shall be enclosed with any wall or barrier which is not of see-through construction (stockade or shadowbox fence are not see-through). Railing systems are permitted, provided that the rails comply with the opacity and height standards for fences in waterfront yards.

(Code 1992, § 16.50.130.9.3)

The maximum pitch of any roof or canopy constructed as part of a dock structure shall not exceed one foot of elevation per every 20 feet of horizontal coverage. Roof or canopy structures are prohibited on lots with less than 50 feet of waterfront frontage and on any non-contiguous water lots which have a public sidewalk abutting the seawall. Roof or canopy structures may not be placed within a side setback unless a variance is granted specifically for the roof or canopy structure. Boathouses are prohibited.

(Code 1992, § 16.50.130.9.4; Ord. No. 1029-G, § 45, 9-8-2011; Ord. No. 287-H, § 22, 7-20-2017)

A.

For docks that serve a one or two dwelling unit property, the maximum area of the dock shall be calculated based upon the amount of waterfront frontage of the lot. Up to four square feet of dock shall be permitted for each foot of frontage of the lot along the water. A walkway of up to 50 feet in length, and not more than four feet wide, shall not count towards the maximum surface area. If a walkway exceeds four feet in width or 50 feet in length, the excess length and width shall count toward the maximum surface area. The maximum finger pier width shall not exceed three feet.

B.

For docks that serve a multifamily development, planned development or mobile home park, up to four square feet of dock shall be permitted for each foot of frontage of the lot or lots along the water to be served by the dock. A walkway of up to 50 feet in length and not more than four feet wide, shall not count towards the maximum surface area. If a walkway exceeds four feet in width or 50 feet in length, the excess length and width shall count toward the maximum surface area. The maximum walkway width shall not exceed six feet, and the maximum finger pier width shall not exceed three feet.

C.

For docks that serve a commercial marina, there shall be no maximum dock area.

(Code 1992, § 16.50.130.9.5; Ord. No. 985-G, § 78, 7-15-2010)

Docks, except for commercial marinas and multifamily developments, shall not be designed or constructed to accommodate more than two boats in or above the water by any means (e.g., slips, davits, lifts, tie poles) except that a cradle which will hold two motorized boats, each less than 12 feet in length, is allowed. Other than for access from the upland, the walkway and head of a fishing pier or observation deck must have a continuous railing which prevents ingress and egress from a boat.

(Code 1992, § 16.50.130.9.6)

If the construction of a dock results in an adverse environmental impact but complies with the aforementioned criteria, the owner shall mitigate any adverse environmental impacts pursuant to mitigation standards established for environmental preservation districts.

(Code 1992, § 16.50.130.9.7)

Editor's note— Ord. No. 81-H, § 8, adopted Sept. 19, 2013, repealed § 16.50.130.9.8 which pertained to ownership and derived from § 16.50.130.9.8 of the 1992 Code.

A minimum water depth of -1.5 mean low water datum is required at the location of the slips and head of the dock. There is no minimum water depth requirement for a dock constructed and restricted solely for use as a fishing pier or observation deck.

(Code 1992, § 16.50.130.9.9)