1998-28 Docks & Piers on Dead-End Lagoons•
ORDINANCE NO. 28'98
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING SECTION 5-84,
REGULATIONS GOVERNING CONSTRUCTION IN WATERS OTHER
THAN LAKE WORTH AND ATLANTIC OCEAN, OF DIVISION 4, DOCKS
AND PIERS, OF ARTICLE III OF CHAPTER 5, BOATS, DOCKS, AND
WATERWAYS, OF THE CODE OF ORDINANCES OF THE VILLAGE, BY
ADDING A NEW SUBSECTION (4) TO SECTION 5-84 PROVIDING FOR
CONSTRUCTION OF DOCKS AND PIERS ON DEAD END LAGOONS;
AMENDING SUBSECTION (10) OF SECTION 5-84 RELATING TO
LOCATION OF DOLPHIN AND MOORING POSTS; RENUMBERING
EXISTING SUBSECTIONS 4 THROUGH 11, INCLUSIVE, OF SECTION 5-
84, TO SUBSECTIONS 5 THROUGH 12, INCLUSIVE, OF SECTION 5-84;
AMENDING THE FIRST SENTENCE OF SECTION 5-86, VARIANCES,
RELATING TO THE BOARD'S POWER TO GRANT VARIANCES;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF
• ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA:
ection I. Subsection 5-84, Regulations Governing Construction in waters
other than Lake Worth and Atlantic Ocean, of Division 4, Docks and Piers, of Article III of
Chapter 5, Boats, Docks and Waterways, of the Code of Ordinances of the Village, is
hereby amended by adding a new subsection (4) and to read as follows:
"(4) Dead End Lagoon. In regard to construction waterside of any
platted lot at the dead end of a lagoon, a dock or a pier may be placed zero (0) feet from
the side property line extended when all the following requirements are complied with:
(a) The IoUlots shall be in a R-1 Single Family Dwelling District.
• (b) Building permits shall be obtained as required by Section 5-82
of this chapter.
• (c) At least one lot shall have less than seventy-five (75) feet
frontage on the water.
(d) A dock or pier, but not both, shall be constructed at the same
time on both sides of a the common property line in question.
The dock or pier on a lot shall be structurally independent of
the dock or pier on the adjacent lot."
Section 2. Subsection (10) of Section 5-84, Regulations Governing
Construction in Waters other than Lake Worth and Atlantic Ocean, of Division 4, Docks
and Piers, of Article III of Chapter 5, Boats, Docks and Waterways, of the Code of
Ordinances of the Village, is hereby amended to read as follows:
"(10) Dolphin or mooring post location shall be inside the side property
line extended and ?;hall be determined by the building department."
Section 3. Existing subsections 4 through 11, inclusive, of Section 5-84,
are hereby renumbered to subsections 5 through 12, inclusive, of Section 5-84.
• Section 4. The first sentence of Section 5-86, Variances, of Division 4,
Docks and Piers, of Article III of Chapter 5, Boats, Docks and Waterways, of the Code of
Ordinances of the Village, is hereby amended to read as follows:
"Sec. 5-86. Variances.
The board of adjustment created and described in Section 21-
21 of this Code shall have the power to authorize upon appeal such variance from the
terms of, section 5-85(3) as will not be contrary to the public interest when, owing to
special conditions, a literal enforcement of the provisions of those sections of the village
Code as they pertain to properties located on Lake Worth will result in unnecessary and
undue hardship."
Section 5. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Section 6. This ordinance shall take effect immediately upon passage.
•
• PLACED ON FIRST READING THIS 12 thDAY OF _ November , 1998.
PLACED ON SECOND, FINAL READING AND PASSED THIS 10 th DAY OF
December ,1998.
(VILLAGE SEAL)
ATTEST:
l J
~~y ~~ ~ ~ ~~1~ ~~~ ~
VILLAGE CLERK
CJ