The city reaffirms its authority to regulate and control the use and occupancy of lakes and lake bottoms within the corporate limits, in the interest of benefiting the health, welfare, safety, and convenience of its citizens. For these purposes and to maintain a healthy water quality, the following regulations shall apply to all lakefront property in addition to all other zoning district requirements. The area within the Big Lake Mary overlay zoning district shall also comply with the provisions of § 154.90.
   (A)   All lakefront development must maintain a 200-foot buffer area from the mean-high-water line to any building or pavement area except in the case of a single- family development, where there shall be a minimum lot size of 40,000 square feet and a minimum lakefront setback of 75 feet from the mean-high-water line. The septic tank and drainfield must be located in the front yard.
   (B)    Docking facilities. For the purpose of this section, the term docking facility shall mean any fixed or floating structure, dock or boathouse or shelter providing access on or over submerged lands (all those lands waterward of the MHWL (mean high water line) and the area occupied by that docking facility. Watercraft are defined as any boat, vehicle or vessel designed for operation as recreation and/or transportation over or under the surface of a waterbody or lake which is propelled by oars, sails, or one or more internal combustion engines.
      (1)   Docking facilities may be erected within the buffer/setback area, subject to the following regulations:
         (a)   The maximum length of a docking facility shall include those areas of the facility that occupy or cause to occupy the affected water surface waterward of the mean high water line (MHWL) and shall not exceed 75 feet in length as measured from the MHWL.
         (b)   No docking facility may occupy or cause to occupy more than 25% of any waterway width as measured at the location of the docking facility, excluding forested wetland and/or cypress areas. The waterway width with respect to any dock to which the measurement applies is the straight line distance from the point at which the centerline of the docking facility intersects the MHWL of the opposite shore of the waterway. If forested cypress areas exist on either or both shorelines waterward of the MHWL, then the distance shall be measured from the most waterward edge of those cypress.
         (c)   No docking facility may be located in such a manner as to impede normal navigation.
         (d)   Access to docking facilities through any shore line protection zone area including cypress and or wet land communities shall comply with the applicable provisions which protect these resources in keeping with the Lake Mary Comprehensive Plan and code of ordinances, including but not limited to the following:
            1.   Run-off. All new development, redevelopment of existing lots, additions to existing structures and the construction of accessory structures shall provide on-site stormwater retention, per code.
            2.   During construction of all new development, redevelopment of existing lots, additions to existing structures and the construction of accessory structures, the owner of the property shall install silt fence and/or any other means of erosion control approved by the city to prevent the run-off of sediments.
            3.   During construction, at least once a week, the city shall inspect the construction site and the silt/erosion control measures to ensure that such measures are in place and functioning as they are designed. If such measures are found to be operating at less than optimal level, the city shall require the contractor and/or owner of the property to take such actions as are necessary to return the silt control measures back to optimal efficiency. If such measures are not taken in what the city determines to be a timely manner, the city may issue a "Stop Work Order" for the subject property.
            4.   All permits for work on lots shall be accompanied by a survey that clearly shows the type and location of all soils, the location of all wetlands, the 100-year flood elevation and the mean high water elevation.
            5.   Wetlands shall be delineated by a professional biologist, ecologist or other consultant, approved by the city.
            6.   Except as permitted by the St. Johns River Water Management District and/or the Florida Department of Environmental Protection, existing wetlands shall not be removed, reduced in size by mowing and/or other mechanical means, impacted and/or degraded by chemical application.
             7.   Except as permitted by the St. Johns River Water Management District and/or the Florida Department of Environmental Protection, the construction of docks, as permitted in this section, shall not encroach into, remove and/or impact existing wetlands.
            8.   Except as permitted by the City Engineer, the maximum slope of any lot for new development and/or redevelopment shall not exceed 4 to 1.
             9.   At the time of permitting, the plans shall be checked to ensure that the proposed development complies with the maximum allowable grades.
            10.   Prior to the approval of the certificate of occupancy (CO), staff shall verify that the grades of the property do or do not comply with grades shown on the approved plans.
         (e)   If state or federal permission is required for the erection of any docking facility, that permission shall be presented in writing to the building official prior to the issuance of any building permit for the docking facility. The agencies may include, but are not limited to, the Department of Natural Resources, Department of Environmental Regulation and/or the Army Corp of Engineers.
         (f)   The mooring of watercraft at a docking facility shall be restricted to watercrafts registered to the adjacent upland property owner, the upland property owner's guests and neighbors.
         (g)   No more than three watercraft shall be moored at any docking facility.
         (h)   Docking facilities must be located in such a manner as to avoid the need for dredging.
         (i)   There shall be a minimum side setback of ten feet from adjacent properties and any docking facility must be placed on owner's property, waterward and landward.
         (j)   Docking facilities are recognized as accessory uses to a primary use of the adjacent upland property. As such, no docking facility shall be constructed prior to the establishment of a primary use, except for single docking facilities on single family zoned lots when allowed by the zoning.
         (k)   Docking facilities shall be constructed in a manner that will withstand a 100 M.P.H. wind load. Top of the deck of a docking facility shall be at least one foot above MHWL and no greater than five feet above MHWL.
         (l)   No boat, floathouse or other watercraft shall be used as a dwelling, nor shall any docking facility be used for dwelling purposes or contain any overnight sleeping or living accommodations, or any permanent cooking or restroom (bathroom) facilities with the exception of outdoor showers or faucets.
         (m)   No docking facility shall have any provision for retail or wholesale sales of any kind. All proposed docking facilities' activities must be water- dependant and must not be contrary to the public interest, laws, or ordinances.
         (n)   Unsafe or unsightly watercraft or docking facilities may result in conditions that are unhealthy, unsafe, unsightly, or a blight upon the neighborhood and community at large. All boats or watercraft moored or docked in any waterway or waterbody of the city shall be maintained in good order and repair. All docking facilities, likewise, shall be maintained in good order and repair. The Code Enforcement Officer or Building Official shall have the authority to inspect any watercraft or docking facility for the purpose of determining whether it is safe and in good order and repair.
         (o)   No more than one docking facility shall be permitted for each single-family residence on a waterfront lot.
         (p)   Docks.
            1.    A dock shall be defined as any decking, posts, or pilings, not covered for boat or storage shelter, which extends into a waterbody. It may be floating or fixed to the shore or waterbody's bottom.
            2.   Maximum dock area, 300 square feet waterward of the MHWL (mean high water line)
            3.   Maximum dock height above MLWL (mean low water line), five feet.
         (q)   Boathouses (boatshelters).
            1.    Boathouses may be permitted in association with a dock provided that the structure is no greater than 500 square feet in area and is no greater than 20 feet in height, at its highest point, above the adjacent access dock or MHWL, whichever is greater.
            2.    The construction of roofed structures, other than boathouses or boatshelters, on or over any docking facility or navigable waterway is not permitted.
            3.    The roof of any boathouse shall be pitched with at least a 2 to 1 slope. No flat roofs or sun decks are permitted.
            4.    Any decking within the boathouse shall not apply to the 300 square foot maximum for dock area but shall not exceed 200 square feet, including any storage area.
            5.   Enclosed storage area within a boathouse may not exceed 80 square feet.
      (2)   Nonconforming docking facilities and boathouses. Where a lawful docking facility or boathouse exists at the effective date of adoption or amendment of this section that could not be built under the terms of this section by reason of restrictions on area, height, length, location, or other requirements, such structure may continue to exist so long as it otherwise remains lawful and is maintained in good repair, subject to the following provisions:
         (a)   No nonconforming docking facility or boathouse may be enlarged or altered in a way to increase its nonconformity.
         (b)   Should such docking facility or boathouse be moved for any reason for any distance, it shall thereafter be in conformance with these regulations.
         (c)   Routine maintenance is permitted including the replacement of decking surface. The replacement, moving or removal of 50% or more of the existing pilings is not considered maintenance and any such activity must only be conducted in accordance with this section.
   (C)   All lakefront development shall be subject to subdivision regulations or site plan approval in accordance with Chapters 155 and 156. Additional drainage, landscape, access, and boat traffic regulations may be imposed to protect or enhance the water quality of the lake in question, and to insure the safety and security of lake front residents and all citizens of the city.
(Ord. 241, passed 11-27-85; Am. Ord. 679, passed 3-3-94; Am. Ord. 1282, passed 3-6-08) Penalty, see § 154.999