Subject:
Title
Public Hearing Re: Amending Brevard County Code Chapter 62, Article VI Zoning Regulations, Section 62-2118, Regarding Measurement Point for Dock Projection and Clear Navigable Zone between Docks at Residential Properties.
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Fiscal Impact:
None
Dept/Office:
Planning and Development
Requested Action:
Recommendation
It is requested that the Local Planning Agency conduct a public hearing to consider and make recommendations the Board of County Commissioners regarding the draft ordinance amending Brevard County Code Chapter 62, Article VI Zoning Regulations, Section 62-2118 to establish measurement points for dock projection and clear navigable zones between docks at residential properties.
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Summary Explanation and Background:
On October 27, 2020, the Brevard Board of County Commissioners directed Planning and Development staff to draft a report with proposed code revisions to address dock-related issues throughout the County. On January 26, 2021, the Brevard granted legislative intent and permission to advertise a code amendment to the residential code requirements establishing measurement points for allowable dock projection into waterways; and identifying clear, navigable zones between docks at residential property lines.
The proposed amendment in Section 62-2118(d)(3) clarifies that the 20 percent projection calculation is based on the waterway width as depicted on a recorded instrument, such as plat or easement. Further, proposed language identifies measurement of allowable dock projection begins at the property line, as surveyed. Where the property line extends into the waterway, two scenarios may be encountered as follows.
* Where the property is non-bulkheaded, measurement may begin from the buffer establishment line, safe upland line, mean high-water line or ordinary high-water line, as indicated on the applicant's survey.
* Where the property line extends into the waterway, and the property is bulkheaded, measurement shall begin ...
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