§ 44-256. Construction of docks, structures, and boat wells.

(a)

For the purposes of determining conformance to this section, a boundary survey of a lot on which a boat dock, structure, and/or boat well is proposed shall be required as part of the building permit application. In addition to other information required as part of the building permit application, said survey shall identify edge of water, sea walls, and property lines.

(b)

A boat dock, structure, and/or boat well shall, together with moored watercraft, not extend into the canal or waterway more than 35 feet as measured at right angles to the property line furthest from the roadway; and, subject to the other provisions of this chapter.

(c)

A boat dock, structure, and/or boat well shall be built so as to provide access thereto without traversing into the waterway of an adjoining property. Said boat dock, structure, or boat well, together with moored watercraft, shall not interfere with or obstruct the use of a boat dock, structure, or boat well of an adjoining property.

(d)

Enclosing a boat dock, structure, or boat well with sides, or enclosing ends, is prohibited.

(e)

In addition to the requirements noted in subsections (a), (b), (c), and (d) of this section, on lots 52 to 99, inclusive, of Horse Island Subdivision, all boat docks, structures, and/or boat wells shall not extend into the canal or dredge cut more than 25 feet measured at right angles to the proposed property line furthest from the roadway as shown on a drawing entitled "Proposed Replat of Lots 52 to 99, inclusive, Horse Island Subdivision, L. 44, P. 34 W.C.R." as prepared by Leslie A. Doan, Civil Engineer, and dated November 14, 1958.

(f)

Appeals from decisions of the administrative officer pursuant to section 44-255 and/or this section, as well as requests for variances from section 44-255 and/or this section, shall be submitted to the board of zoning appeals. In making its decision, the board shall be guided by section 44-255 and/or this section, as well as all other applicable sections of the Code. In no case shall the board of zoning appeals be permitted to overturn a decision of the administrative officer, or to grant a variance, which would result in obstruction of navigation. The decision of the board on appeals and variances shall be final.

(Code 1969, § 5.93; Code 1977, § 28-150; Ord. No. 95, 6-14-1976; Ord. No. 232, 1-16-1998; Ord. No. 248, § 1, 11-9-1998; Ord. No. 280, § 1, 8-13-2001)