§ 151.03 STRUCTURES IN WATERWAYS.
   (A)   Measurement standards for all structures except for wooden, fabricated wood, or concrete docks shall be from the measurement reference line seaward to the end of the structure including pilings. Measurement standards for wooden, fabricated wood, or concrete docks and finger piers shall be from the measurement reference line seaward to the end of the dock’s decking.
   (B)   No mooring structures or other similar structures may be erected or installed within five feet of an extended side property line or cause a watercraft or vessel to extend within five feet of an extended side property line.
   (C)   No mooring structures or any other similar structures may be erected or installed into the navigational channel or cause a watercraft or vessel to extend into the navigational channel.
   (D)   Any structure erected pursuant to this section shall be kept in good repair by the owner thereof and shall be subject to removal by the city in the event that they are unsafe or create a hazard to navigation as determined by the City Engineer or City Building Official, the cost thereof to be assessed against the owner. However, opportunity for notice and a hearing shall be afforded to the owner prior to such removal by the city.
   (E)   In a canal, river, basin, or waterway 50 feet in width or less, fixed, or floating docks shall not be constructed or installed more than five feet waterward of the measurement reference line.
   (F)   In a canal, river, basin, or waterway 50 feet in width or less, vessel davits, hoist, vessel lift, floating vessel platform, personal watercraft/jet ski platform are permitted to be constructed seaward to the navigational channel.
   (G)   In a canal, river, basin, or waterway which is more than 50 feet in width, mooring structures or any other marine structures must be constructed or installed pursuant to the following conditions.
      (1)   Fixed vessel docks, floating docks or wharves may be constructed or installed to extend into any canal, river, basin, or waterway a distance of 10% of the width of the canal, river, basin, or waterway or a distance of eight feet whichever is less, as measured from the measurement reference line.
      (2)   Fixed finger piers and floating finger piers may be constructed or erected to extend into any canal, river, basin, or waterway a distance of 20% of the width of the canal, river, basin, or waterway or a distance of 20 feet, whichever is less, as measured from the measurement reference line. A finger pier (floating or stationary) shall not be constructed to a width greater than four feet. The distance between finger piers shall not be less than 25 feet.
      (3)   Fixed vessel docks, wharves, or finger piers shall not be constructed or erected so as to cause the elevation of the deck to exceed the elevation of the top of the abutting tidal flood barrier or rip-rap, with the exception that decking on fixed vessel docks, wharves, or finger piers may be elevated above the abutting tidal flood barrier or rip-rap a total of two inches in order to meet any surface finish of the abutting tidal flood barrier or rip-rap.
      (4)   Vessel davits, elevator lifts, cradle lifts, floating lifts, floating vessel platforms, personal watercraft/ jet ski platform used for the express purpose of storing a watercraft out of the water or any other similar form of vessel lifting device may be constructed or installed to extend into any canal, river, basin, or waterway, in a fully raised position, a distance equal to 20% of the width of the canal, river, basin, or waterway or a distance of 28 feet, whichever is less, as measured from the measurement reference line.
      (5)   If an elevator lift is permitted, approved, and built, an access platform may be constructed pursuant to an approved permit to facilitate access to vessels when the lift is in the down position. Said access platform, attached to a permitted and approved dock structure, shall be limited to the spacing between the battered support beams of the elevator and shall not extend more than three feet beyond the dock into the waterway or exceed ten feet in width. Said access platform is deemed an accessory to the elevator lift and its authorized placement is contingent upon the existence of a permitted and properly operating lift at the location. Should the lift fall into disrepair and no longer function or is removed and not replaced, then an approved existing access platform must be removed if it causes the dock structure to exceed any of the size restrictions set forth in this section including, but not limited to, the requirements of subsection (F) and (G)(1) above.
      (6)   In a canal, river, basin, or waterway less than 150 feet, but more than 50 feet in width, dolphin, mooring, or fender piles and/or mooring buoys may not be installed in any canal, river, basin, or waterway any further than the navigation channel boundary line as measured from the measurement reference line.
      (7)   In a canal, river, basin, or waterway 150 feet or greater in width, dolphin, mooring, or fender piles and/or mooring buoys may not be installed in any canal, river, basin, or waterway any further than 40 feet as measured from the measurement reference line.
      (8)   In a canal, river, basin, or waterway, adjacent to single-family zoned lots, dolphin, mooring, or fender piles are limited to two or two clusters per lot.
      (9)   All dolphin, mooring, and fender piles shall have a six-inch wide fluorescent or reflective band placed two feet below the top of the piling. Mooring buoys shall have a reflective band a minimum of four inches wide.
      (10)   No roofs or similar covering structures may be installed in, over, or upon any canal, river basin, or waterway within the city. This shall include covered structures over mooring structures or other similar structures.
   (H)   Docks, fixed docks, floating docks, or similar structures meeting the requirements of subsection (A) through (G) above may be constructed or installed within five feet of the extended side property line once the following conditions have been met prior to any permit being issued pursuant to the terms of this section:
      (1)   The affected abutting property owners shall enter into an agreement with the city which states the property owners have reviewed and approved the proposed plans as they relate to the placement of the above structures which is erected within five feet of the extended side property line and the owners indemnify the city for any claim brought against the city for the placement of structures installed within five feet of the extended side property line. The agreement shall be approved by the Office of the City Attorney for legal content and recorded along with a copy of the approved plans in the Public Records of Broward County, Florida, and shall be considered to be a restriction running with the land and shall bind the heirs, successors and assigns of the property owners.
      (2)   No watercraft or any type of vessel shall be docked within five feet of the extended side property line.
      (3)   Fire suppression systems shall be installed in accordance with all applicable fire codes.
   (I)   In addition to the requirements contained in subsections (A) through (G), if two or more lots share a common docking area, the following conditions must be met prior to any permit being issued under the terms of this section.
      (1)   The affected property owners may enter into an agreement with the city which shall state the property owners have reviewed and approved the proposed plans as it relates to the placement of any structure in the common docking area as well as the proposed docking of any vessel or watercraft as permitted in § 91.10. The agreement shall be approved by the Office of the City Attorney for legal content and recorded along with a copy of the approved plans in the Public Records of Broward County, Florida, and shall be considered to be a restriction running with the land and shall bind the heirs, successors and assigns of the property owners.
      (2)   In lieu of provisions in subsection (I)(1) above, the City Engineer may divide the common docking area from the seaward intersection of the extended lot lines to the wet face of the tidal flood barriers or rip-rap corner of the adjoining lots.
   (J)   The provisions of subsections (H) through (I) shall not apply where a court of competent jurisdiction has adjudicated the docking rights of the adjoining property owners.
   (K)   Diagrams which document examples of the different docking provisions and waterways described by this section shall be maintained by and with the Code Enforcement Division.
(‘58 Code, § 44.01) (Ord. 529, passed - - ; Am. Ord. 63-50, passed 8-6-63; Am. Ord. 66-33, passed 3-21-66; Am. Ord. 73-4, passed 11-8-72; Am. Ord. 94-06, passed 12-14-93; Am. Ord. 96-8, passed 11-7-95; Am. Ord. 96-80, passed 7-9-96; Am. Ord. 2006-48, passed 7-11-06; Am. Ord. 2012-47, passed 6-12-12; Am. Ord. 2013-30, passed 12-11-12; Am. Ord. 2017-09, passed 12-13-16; Am. Ord. 2018-57, passed 5-22-18; Am. Ord. 2019-04, passed 10-23-18; Am. Ord. 2022-28, passed 2-8-22) Penalty, see § 10.99