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HomeMy WebLinkAboutO-2002-0019 ORDINANCE NO. 2002-001 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO REGULATION AND USE OF WATERWAYS; AMENDING CHAPTER 28, SECTION 33-40 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, TO DELETE THE DEFINITION OF "DOUBLE BERTHING"; TO PROVIDE FOR A DEFINITION OF "RAFTING"; TO PROVIDE FOR AN EXEMPTION TO THE REQUIREMENT THAT A WATERCRAFT DOCKED OR ANCHORED ADJACENT TO RESIDENTIAL PROPERTY SHALL NOT EXTEND BEYOND THE SIDE PROPERTY LINES OF THE PROPERTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Chapter 28, "Zoning", section 33-40, of the Code of Ordinances of the City of Dania Beach is amended to read as follows: Sec. 33-40. Regulation and use of waterways and facilities related thereto. (g) DOUBLE BERTuinir_. RAFTING. Double berthing —-Rafting of vessels in residential areas of the City is prohibited. Rafting is defined to mean the mooring or securina of two or more vessels together, side by side, by line, cable or other device and moored or secured to any boat slip, dock, pier, wharf, dockage space or facility. This definition shall not include any vessel secured on davits or any other hoist, if such vessel is not located in water. (12) CONSTRUCTION OF BOAT SLIPS AND DOCKS ON WATERWAYS; LIMITATIONS. (e) No watercraft shall be docked or anchored adjacent to residential property in such a position that it extends beyond the side property lines of the property or is of such length that when docked or anchored adjacent to such property it extends beyond Is such side property lines, unless the adjoining property owners agree to such extension. F:/566001:/Ordinances:/Double Berthing ORDINANCE NO. 2002-001 • • • Section 2. That except as amended above, all other provisions of Chapter 28 of the Code of Ordinances of the City of Dania Beach, Florida, as amended, shall remain in full force and effect. Section 3. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this ordinance are repealed to the extent of such conflict. Section 4. That if any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 5. That this ordinance shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on first reading on December 11, 2001. PASSED AND ADOPTED on second reading on January 8, 2002. `7 ATTEST- CHARLENE U-0,FINSON CITY CLERK PATRICIA FLURY MAYOR —COMMISSIONER ROLL CALL: COMMISSIONER BERTINO -YES COMMISSIONER MCELYEA - YES COMMISSIONER MIKES - YES VICE -MAYOR CHUNN - YES MAYOR FLURY - YES APPROVED AS TO O AND CORRECTNESS: BY: THWj.'AN8BRd CITY ATTORNEY F:/56600HOrdinances:/Double Berthing 2 ORDINANCE NO. 2002-001 • THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Karen Lieberman, Esq. WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. 3107 Stirling Rd., Suite 300 Ft. Lauderdale, FL 33312 (954) 763-4242 CITY OF DANIA BEACH, FLORIDA CONSENT FORM I, am (Print Name Above) (check one below) _ the owner a co-owner, authorized to sign this document by all other co -owners _ the authorized agent for the owner(s) _ other (Please describe your ownership or control of the property, for example, "Trustee", or "Personal representative of an estate"): of the property located at (Street Address) in the City of Dania Beach, Florida, upon which there exists (check one below) a single-family home other dwelling (describe: ) which is located at that address. I swear or affirm, that I consent to the dockage, moorage or anchorage extension beyond my side property line or lines, relating to the vessel(s) docked adjacent to the property located at - City of Dania Beach, Florida. I agree and acknowledge that this consent shall not be withdrawn for a one year term commencing upon my execution of this Consent Form. NAME (Type or Print) 0 , (Signature) STATE OF FLORIDA COUNTY OF BROWARD • Before me, the undersigned authority, personally appeared , who is personally known to me or has produced as identification and who has sworn or affirmed that the foregoing information is true and accurate to the best of that person's knowledge and belief. Notary Public -State of Florida at Large • • My commission expires: d - • ]DANIA CODE # 3340 - ITEM # 6 8/19/01 BILL WOSENITZ THIS WAS WAS KNOWN AS DOCK ORDNANCE # 76 - 80 ABOUT 12 YEARS AGO, I WAS ASKED BY THE FORMER CITY ATTORNEY AND COMMISSIONER BOB MIKES TO ASSIST ON THE ORDNANCE, BASICALLY IT WAS A COPY OF THE FORT LAUDERDALE ORDINANCE ABOUT 6 YEARS AGO THEY CODIFIED ALL THE ORDINANCES AND DELETED A NUMBER OF ITEMS FROM THE. DOCK ORDINANCE SEVERAL MONTHS AGO COMMISSIONER MIKESASKED THE CITY ATTORNEY TO REVIEW BERTHING ETC, I HAD A BRIEF CONVERSATION AFTER A RECENT MEETING ABOUT BERTHING ETC. I [ 6 ] DOUBLE BERTHING.. DOUBLE BERTHING OF VESSELS IN RESIDENTIAL AREAS OF THE CITY IS PROHIBITED) TYPES OF BERTHING • I - SLIPS WITH DOLPHIN PILES, DON'T WORK TOO WELL IN RESIDENTIAL CANALS 2-SEA WALL - ABREAST A DOCK [ COMMISSIONER BERTINO AMENDED THE FIRST ORDINANCE, AT THE PUBLIC HEARING, TO YOU CAN BERTH AS MANY VESSELS YOU CAN AT YOUR DOCK,] WE NOW HAVE QUADRUPLE BERTHING 3-RAFTING THIS IS WHEN ONE IS ABREAST THE DOCK ,AND ANOTHER VESSEL IS ABREAST THE FIRST ONE, THIS HAS BEEN CALLED DOUBLE BERTHING ERRONEOUSLY 4 - DAVITS YOU MAY SEVERAL VESSELS BERTHED, AND TWO PAIRS OF DAVITS ON YOUR SEA WALL FOR, JET SKIES ETC RAFTING f DOCK T DO�BLE BERTHING \ up date 11/10/ 04 PROPOSED DEFINITION IS INCORRECT ,REFER TO CROMPTONS DICTIONARY, OR CHAPMANS BOOK 0 Whenever a dinghy is available, the second anchor can be carried out in it; adjust the lines as required after both anchors are set. Guarding against wind or current shifts Sometimes you will need to anchor where the tidal current reverses, or wide wind shifts are likely. Here it is wise to set two anchors as security against an anchor breaking out and failing to set itself again. The anchors are set 180 degrees apart with the bow of the boat at the midpoint between them, as shown on page 269. With both lines drawn up tight, the bow remains over essentially the same spot, and swinging is limited to the boat's length. This "Bahamian mooring" works best for a reversing tidal current with the wind blowing across the cur- rent so as to keep the boat always on one side of the line, between the two anchors. When setting a second anchor for use as described above, set the up -current anchor in the conventional way, then back down until double the normal scope is out. After the down - current anchor is set, adjust the scope at the bow chocks until both are equal. When going ahead with a rode tending aft, take care not to foul the propeller. If the two -anchor technique is used in a crowded anchor- age to limit swinging radius, remember that other nearby boats may lie to one anchor only. That means the risk of the swinging circles overlapping is increased. Stern anchors In some anchorages, boats lie to anchors bow and stern. The easiest way to get these down is to let the bow anchor go first, then drop back with wind or current on an extra long scope (15 to 18 times the depth), drop the stern anchor, and then adjust the scope on both as necessary, taking a line for- ward. In tidal waters make allowance for increasing depth as the tide rises. The value of this arrangement is generally restricted to areas where permanent moorings are set explic- itly for this purpose, as in narrow streams or on occasions where there is no risk of getting a strong wind or current abeam. Under such conditions, the strain on a vessel's ground tackle could be tremendous. Sometimes a stern anchor will be useful if you seek shel- ter under a windward bank. Let the stern anchor go from aft, carefully estimating scope as it is dropped, and pay out more scope as you run up toward the bank or beach. Bed a second anchor securely in the bank, or take a line ashore to a struc- ture or tree. The stern anchor will keep the stern off and prevent the boat from ranging ahead. Remember to watch that stern line while the propeller is turning. At piers and wharves A berth on the weather side of a pier or wharf is a bad one, as considerable damage can be done to a boat pounding heavily against piles, even with fenders out. However, in cir- cumstances where such a berth is unavoidable, anchors can be used to help ease the situation. Keeping well up to wind- ward, angling into the wind as much as is practical, have a crew member let one anchor go on a long scope off the quar- ter (the port quarter if you will lie starboard side to the pier). As he or she pays out scope, run ahead and get another off the port bow, judging positions of both so you can drop down to leeward toward the pier on equal scope, with lines tend- ing off at a 45-degree angle. Properly executed, this maneu- ver will prevent your vessel from hitting the pier, and the lines you then carry ashore will be needed only to prevent the boat from moving ahead or astern. For more information, refer to Chapter 9. In rafting, one boat only should be anchored. The other boat(s) are made fast to it, so that all will move as one in a wind shift. (The anchored boats shown at left also have a stern line to shore.) Raft only in light air and in calm water. 270 ® THE ART OF SEAMANSHIP n scowing an anchor, the rode is attached to the anchor crown, led back along the shank and ad at the ring. If the anchor is snagged (A), an upward pull (B) parts the lashing and the anchor be drawn out crown first (C). afting I a rendezvous several boats frequently lie to a single tchor—this is a safe practice when there is little wind and relatively smooth surface, and the skippers plan the process irefully. After one boat is anchored, the second vessel pulls l6ngside; take care that both boats are ready with plenty I fenders out. If you are the skipper of the second boat, stay bout 6 to 10 feet (1.8 to 3 m) away from the anchored boat i drder that you can heave bow and stern lines. If this can- ot be done, run up to the anchored boat's bow at an angle f about 45 degrees, and pass a bow line first, then your stern ,he., Make sure you have no headway when lines are passed. s soon as the bow line is aboard the anchored boat, stop our engine so that there will be no chance of going ahead, reaking the anchor out. {f the boats involved are powerboats, allow your boat to Rift astern until transoms align. On sailboats, however, you gust consider the dangers of spreaders tangling in a rocking .;:. . Ifuation. Line up rafting sailboats so that the rigging is clear !tall points aloft. e models of small -craft anchors, a line slides in a slot he shank so the anchor can be drawn out backwards igs. For use when snagging is unlikely, the rode can be ad directly to the eye at the end of the shank. Once the boats are aligned, let the bows swing off and pull the sterns in close, for ease of stepping from one boat to another. To keep the boats in line and fenders in position, run a spring line from the stern of the arriving boat to a point well forward on the anchored boat. If a third boat makes fast, the anchored boat should be the one that is positioned in the middle. If more boats tie up, always alternate them to port and starboard of the anchored boat. Each succeeding boat should apply the same tie-up technique, always with a spring from the stern of the out- board boat forward to the one next inboard. When at least four boats are tied together, it is a good precaution for the out- board boats to carry additional anchors out at a 45-degree angle. When it's time to turn in for the night, every boat should establish its own separate anchorage. Anchoring at night If you have no ranges with which to check your position when you are anchoring overnight (or if those you have are unlighted), you can rig a drift lead (the lead line will do). Lower it to the bottom, leave some slack for swinging, and make fast. If it comes taut, you've dragged. Don't forget to pick it up before getting underway. In general, a vessel anchored at night must show an anchor light, two lights if over 50 meters (164.0 ft.) in length. Anchor lights are not required for vessels under 20 meters (65.6 ft.) in a "special anchorage area," however, or for craft less than 7 meters (23.4 ft.) when not in a channel, fairway or where other vessels normally navigate. Refer to Chapter 6 for further information. Requirement for "anchor ball" With the same exceptions as noted above for anchor lights, a vessel anchored during daylight hours must hoist a black ball shape where it can best be seen. This is not less than ANCHORING . 271 is AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM Nj 1. DATE OF COMMISSION MEETING: JANUARY 8, 2002 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING -ORDINANCE - 2ND READING 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE 4. SUMMARY EXPLANATION & BACKGROUND: 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): STAFF REPORT ORDINANCE DRAFT "CONSENT FORM" PREPARED BY CITY ATTORNEY ATTACHMENTS PROVIDED BY MARINE ADVISORY BOARD 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ • 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Continued from December 11, 2001 meeting. Submitted by: Laurence G. Leeds, AICP, Director Date December 27, 2001 Growth Management Department City Manager • Date CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT STAFF REPORT TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director Growth Management Department DATE: January 8, 2002 SUBJECT: Zoning Code Text Amendment Relating to Double Berthing and Dockage APPLICANT: City Commissioner Request DOUBLE BERTHING (RAFTING) The current zoning code prohibits the "double berthing" of boats. Double berthing is defined as the mooring or securing of two or more vessels together, side -by -side (generally parallel), secured by line or cable and secured to any • boat slip, pier, wharf, or dock. The proposed amendment creates an exception to the double berthing prohibition by excluding any vessel secured on any hoist, if the vessel is not located in the water. In other words, if two boats are positioned parallel to each other and one boat is not located in the water (ie. hoisted "above the water"), the prohibition against double berthing shall not apply. Regardless of whether or not this amendment is adopted, boats would still be limited to extending out no more than 30% of the canal width. DOCKAGE OR ANCHORAGE OF BOATS ON WATERWAYS WITH RESPECT TO SIDE PROPERTY LINES The current code prohibits the dockage or anchorage of boats adjacent to residential property if the boat extends beyond the side lot line (or lines) of the property. The draft amendment creates an exception to this rule by allowing boats to extend beyond the side property lines if: 0 a) Written consent from one or both of the adjoining property owners is obtained agreeing to the dockage extension beyond a side property line or lines, b) Proof of such written consent is furnished to the City, such consent to contain a notarized signature, and c) Said consent cannot be withdrawn for one year. The draft amendment would permit a property owner to grant to his neighbor the right to dock his/her boat so that it extends beyond a shared side lot line. Once the notarized statement is provided, staff would not enforce, for one year, the prohibition against encroachments as it applies to the consenting party or parties. Once granted, the property owner gives up (for one year) any right he has under the Zoning Code to object to his neighbor's boat extending over the side lot line onto his property. In the event consenting property owners have a disagreement over boat encroachment before the year has expired, City staff would not intervene. In the event the disagreement was to the "length" of the encroachment, staff would also not intervene for the duration of the agreement. While recording the document is necessary to enforce the "consent form" against subsequent property owners, it would only be enforceable by the private party who receives the benefit of the consent, not the City. STAFF RECOMMENDATION Approval of both text amendments as prepared by the City Attorney. Please note the City Attorney has revised the ordinance to: 1) Substitute the term "rafting" for "double berthing'; and 2) Require the consent form be recorded in the public records of Broward County. MARINE ADVISORY BOARD RECOMMENDATION The Marine Advisory Board recommended against both text amendments. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION The Planning and Zoning Advisory Board recommended against both text amendments. C7