86-79 ORDINANCE NO. 86-79
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 8, "BOATS, DOCKS AND
WATERWAYS" BY ENACTING A NEW ARTICLE II TO PROVIDE FOR
THE REGULATION OF CONSTRUCTION OF DOCKS, DOLPHINS, FINGER
PIERS AND BOAT LIFTS; REQUIRING A PERMIT FOR THE CON-
STRUCTION THEREOF; REQUIRING MAINTENANCE THEREOF; PROVID-
ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 8 of the Code of Ordinances is hereby
amended by enacting a new Article II to read as follows:
ARTICLE II
DOCKS, DOLPHINS, FINGER PIERS AND BOAT LIFTS
A. Intent.
The intent of this ordinance is to permit construction in
and upon certain waterways of docks, dolphins, finger piers
and boat lifts which do not cause a hazardous interference
with navigation, endanger life or property, or deny the
public reasonable visual access to public waterways. These
regulations shall be applicable only to residentially zoned
property and shall exclude commercial boating and related
facilities.
B. Permits Required.
It shall be unlawful to construct any dock, dolphin, finger
pier or boat lift in the City of Delray Beach without first
submitting plans and obtaining a building permit therefor
from the Building Department. The installation of docks,
dolphins, finger piers and boat lifts shall be in accordance
with the design of a Florida registered professional engi-
neer, and said design and plans shall include as a mimimum:
1. Waterway typical section.
2. Type of soil being penetrated.
3. Length of piling, minimum embedment into bottom
material, and minimum loading capacity. ·
4. Type and treatment of decking, seats, stringers
and bumpers.
5. Type of treatment of wooden piles.
6. Type of fastenings to be used.
7. American Wood Preservative Association Standards
where applicable.
Said plans shall be reviewed by the City Engineer to insure
conformance with these requirements.
C. Docks.
1. Definition - A dock is any structure and appurtenances
thereto extending into or above any body of water,
designed and used primarily for the securing of water-
craft, fishing, swimming or other water related
activity.
2. A dock may be permitted subject to the following
conditions:
a. A dock, exclusive of dock pilings, shall not
project more than five (5) feet into a waterway
from the property line or seawall or bulkhead,
whichever is nearest to the waterway.
b. When the plot frontage along a body of water is
one hundred (100) feet or less, only one dock is
permitted. The dock shall not extend closer than
ten (10) feet to the property line of adjacent
property or the distance established for the side
yard setback, whichever is greater.
c. When the plot frontage along a body of water ex-
ceeds one hundred (100) feet in length, a dock
shall not extend closer than twenty-five (25) feet
to the property line of adjacent property.
d. At least one ladder extending from the dock
surface to two (2) feet below the mean low water-
line shall be provided for each dock.
3. A dock or two (2) or more docks serving the same pro-
perty and exceeding fifty (50) feet in aggregate length
shall be provided with the following facilities:
a. At least one sewage pumpout connected to the City
sanitary sewer system.
b. One potable water hose bib and one electrical
outlet for each twenty-five (25) feet of dock
length or major fraction thereof or for each boat
where the design of the dock, finger piers or
dolphins clearly indicates a specific number of
boats to be moved.
c. At least one ladder for each fifty (50) feet of
dock length or major fraction thereof extending
from the dock surface to two (2) feet below the
mean low waterline. Where two (2) or more docks
serve the same property, at least one ladder shall
be provided for each dock.
Dolphins.
1. Definition - A dolphin is a single pile or cluster of
closely driven piles used as a fender for a dock or as
a mooring or a guide for watercraft, but not used as a
channel marker or as a dock piling.
2. Dolphins may be installed in conjunction with docking
and mooring facilities subject to the following con-
ditions:
a. No dolphin shall be permitted when the waterway is
less than eighty (80) feet in width.
b. For waterways eighty (80) feet in width to one
hundred (100) feet in width, a minimum clear width
of fifty (50) feet of waterway channel shall be
maintained and dolphins shall be permitted and may
be installed up to twenty (20) feet from the
property line or seawall or bulkhead, whichever is
nearer to the waterway.
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c. For waterways greater than one hundred (100) feet
in width, the maximum distance a dolphin may be
installed shall be twenty-five (25) feet from the
property line or seawall or bulkhead, whichever is
nearer to the waterway.
d. Dolphins shall not be installed in any body of
water closer than twenty-five (25) feet from the
extended property line. For purposes of this
paragraph, an extended property line shall mean
the extension into the water of a plot line inter-
secting the property line along the body of water
if such extension forms right angles with the
property line along the water. Otherwise, the
extended property line shall mean a line extending
into a body of water at right angles to the pro-
perty line along the body of water from the point
of intersection of the plot line. ~'~en the pro-
perty line along the body of water is curved, the
extended property line shall mean a line extended
into a body of water at right angles to the tan-
gent of the curve at the point of intersection
with the plot line.
e. Dolphins shall be constructed of preservative
treated piling with a minimum butt dimension or
diameter of ten (10) inches. A dolphin shall be
of sufficient length so that after being driven it
will extend not less than six (6) feet or more
than eight (8) feet from the water level at mean
high tide. All dolphins shall have a reflec-
torized band approximately six (6) inches wide
installed approximately two (2) feet below the top
of the piling.
E. Finger Pier.
1. Definition - A finger pier is a structure, not to ex-
ceed five (5) feet in width, which projects into the
waterway perpendicular to the seawall, bulkhead line or
property line and extends more than five (5) feet from
said seawall, bulkhead line or property line.
2. The conditions for installation and location of finger
piers shall be the same as specified for dolphins. '
3. The distance between finger piers shall not be less
than twenty-five (25) feet.
4. Where finger piers are permitted and docking facilities
are provided for two or more boats the following faci-
litites shall be provided:
a. At least one sewage pumpout connected to the City
sanitary sewer system.
b. One potable water hose bib and one electrical
outlet for each twenty-five (25) feet of dock
length or major fraction thereof or for each boat
where the design of the docks and finger piers
clearly indicate a specific number of boats to be
moored.
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c. At least one ladder for each fifty (50) feet of
finger pier length or major fraction thereof, ex-
tending from the dock surface to two (2) feet
below the mean low water line. Where two finger
piers or more are on the same property, at least
one ladder shall be provided for each finger pier.
F. Boat Lifts.
1. Definition - A boat lift is any device fixed to the
ground, a seawall, or a dock, designed to lift water-
craft clear of the water.
2. A boat lift may be permitted subject to the following
conditions:
a. The boat lift in a raised position shall not ex-
tend more than ten (10) feet over the waterway
from the property line or seawall or bulkhead,
whichever is nearer to the waterway.
b. When the plot frontage along a body of water is
one hundred (100) feet or less, only one boat lift
is permitted. The boat lift shall not extend
closer than ten (10) feet to property line of
adjacent property.
c. When the plot frontage along a body of water ex-
ceeds one hundred (100) feet in length, a boat
lift shall not extend closer than twenty-five (25)
feet to the property line of adjacent property.
G. Maintenance.
Docks, dolphins, finger piers, and boat lifts shall be
maintained by the property owner in a safe condition as
determined by the Department designated by the City Manager.
A dock, dolphin, finger pier, or boat lift which is deter-
mined to be in an unsafe condition is hereby declared a
public nuisance and may be abated in accordance with the
provisions of Chapter 15 of the Code of Ordinances.
Section 2. That should any section or provision of this ordi-
nance or any portion thereof, any paragraph, sentence, or word be declared
by a Court of competent jurisdiction to be invalid, such decision shall
not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 3. That this ordinance shall become effective ten days
after passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the 28th day of January , 1980.
ATTEST: LEON M. ~EKES
Cfty Clerk
First Reading January 14~ 1980
Second Reading January 28, 1980
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