City of Sarasota
Unofficial Zoning Code
2002 Edition
ARTICLE VII: Regulations of General Applicability
Division 13. Waterfront Property and Docks
Section VII-1301. Waterfront Property
A.
When a waterfront yard is also a rear or side yard, the applicable minimum setback
requirement for waterfront setbacks shall control over the minimum rear or side setback
requirement.
B.
Except for setbacks adjacent to the Gulf of Mexico, the depth of required waterfront
setbacks shall be thirty (30) feet. All waterfront setbacks shall be measured from the
mean high-water line.
C.
Where property is located adjacent to the Gulf of Mexico and lying between New Pass
and Big Pass, the gulf-front setback shall be one hundred fifty (150) feet from the mean
high-water line; provided that setbacks for gulf-front setbacks on zoning lots with a depth
less than two hundred fifty (250) feet shall be reduced in order that the building area,
including the front yard, shall be one hundred (100) feet in depth.
D.
The height of structures in waterfront setbacks shall be limited to not more than 30 inches
above average natural grade or 30 inches above the cap of the seawall, whichever is less.
For purposes of this subsection, average natural grade shall be determined by averaging
the grade as depicted in the following graphic:
GRAPHIC LINK: Natural Grade Measurement
E.
Structures up to 30 inches above natural grade or 30 inches above the cap of the seawall,
whichever is less, may be allowed in the required one hundred fifty (150) foot gulf-front
setback by approval of the City Commission issued at a public hearing held for such
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City of Sarasota
Unofficial Zoning Code
2002 Edition
ARTICLE VII: Regulations of General Applicability
purpose. At such public hearing the property owner shall establish to the satisfaction of the
City Commission that the proposed structure:
1.
Will not endanger the stability of the beach-dune system.
2.
Will not accelerate erosion.
3.
Will not adversely impact neighboring properties.
4.
Will not interfere with the public's use and enjoyment of any public beaches in the
vicinity.
F.
Structures greater than thirty (30) inches above natural grade or 30 inches above the cap
of the seawall, whichever is less, are not permitted in the required one hundred fifty
(150) foot gulf-front yard. The City Commission shall have the sole and exclusive
authority to grant variances from the terms of this paragraph.
G.
Should any structure permitted under subsection (F) or (G) above require approval of the
State of Florida Department of Natural Resources pursuant to the provisions of the Beach
and Shore Preservation Act, written proof of such approval shall be provided to the
Director of Neighborhood and Development Services prior to the issuance of a City
building permit for the subject structure. Nothing herein shall be construed to supersede
or in any way limit the jurisdiction of the Department of Environmental Protection to
issue permits for construction within required gulf-front setbacks, if required by the
Florida Statutes.
H.
Structures designed to protect the beach and dune system or to preserve vegetation by
providing a means of pedestrian access to the gulf-front beaches shall be exempt from the
requirements of this Section.
I.
Except for docks, seawalls, groins and other beach or shore protection devices and as
otherwise specifically provided by these regulations, no structures shall be erected that
will extend beyond the building line of waterfront property.
(Ord. No. 00-4193, Sec. 17, 2-22-00; Ord. No. 04-4573, Sec. 13, 6-20-05)
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Unofficial Zoning Code
City of Sarasota
2002 Edition
ARTICLE VII: Regulations of General Applicability
Section VII-1302. Docks
New docks may be erected subject to the following regulations:
A.
Docks and dock expansions on the open waters of Sarasota Bay, Big Pass and New Pass
shall project into said waters no less than necessary:
1.
To reach a minimum depth of minus three (-3.0) feet mean low water; or
2.
So as to maintain, from the lowest point of the keel or propeller, whichever is
lower, of the vessel to be berthed at the dock, a minimum clearance over any
submerged bottom lands of one (1) foot as measured at mean low water.
Provided, however, except for docks which are thirty (30) feet or less in length, a
dock shall not extend farther than to a depth of minus four (-4.0) feet mean low
water, nor shall a dock exceed an overall length of one hundred (100) feet,
exclusive of tie-off pilings as measured at a right angle from the shoreline. The
total area of any dock shall not exceed five hundred (500) square feet, as
measured seaward from mean high water. Such docks shall not be located within
twenty-five (25) feet of the extended property lines of the property upon which
the dock is erected or within twenty-five (25) feet of the extended property lines
of any adjacent property. However, if the individual zoning lot as platted, upon
which the dock is to be erected, is less than sixty-five (65) feet in length along the
shoreline, such dock shall not be located within eight (8) feet of the extended
property line of the property upon which the dock is erected or within eight (8)
feet of the extended property lines of any adjacent property. However, no setback
is required from the shared extended property line when docks or pilings are built
to serve 2 abutting properties. In the event a new dock is being built abutting a
residentially zoned parcel that has constructed a dock between April 17, 1995 and
May 21, 2007, the Director of Neighborhood and Development Services is
authorized to allow a lesser setback that will result in the fairest equitable
distribution between the affected upland property owners giving due
consideration of the lay of the upland shore line, the direction of the channel and
the correlative rights of the adjoining land owners.
(Ord. No. 06-4702, 11-20-06; Ord. No. 07-4720, Sec. 2, 5-21-07)
B.
Docks and dock expansions on all other waterfront property and inlets or narrow waters
of Sarasota Bay, shall not project into said waters so as to be located within the middle
fifty (50) percent thereof or exceed a maximum length of thirty (30) feet, as measured
from mean high water, whichever is less. The total area of any such dock shall not exceed
five hundred (500) square feet, as measured seaward from mean high water. Such docks
shall not be located within eight (8) feet of the extended property lines of the property
upon which the dock is erected or within eight (8) feet of the extended property lines of
any adjacent property. However, no setback is required from the shared extended
property line when docks or pilings are built to serve 2 abutting properties. In the event a
new dock is being built abutting a residentially zoned parcel that has constructed a dock
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City of Sarasota
Unofficial Zoning Code
2002 Edition
ARTICLE VII: Regulations of General Applicability
between April 17, 1995 and May 21, 2007, the Director of Neighborhood and
Development Services is authorized to allow a lesser setback that will result in the fairest
equitable distribution between the affected upland property owners giving due
consideration of the lay of the upland shore line, the direction of the channel and the
correlative rights of the adjoining land owners.
(Ord. No. 06-4702, 11-20-06; Ord. No. 07-4720, Sec. 2, 5-21-07)
C.
No tie-off piling, vessel or boat lift shall be placed, or docked so that any portion thereof
projects into the middle fifty (50) percent of any waterway.
D.
No terminal platform or marginal dock shall be more than two hundred fifty (250) square
feet.
E.
No boat dock, tie-off piling, vessel, or boat lift shall obstruct navigation or the use of
public waterways or impede access to existing navigable channels or waterways, whether
or not such channels or waterways are marked or chartered.
F.
No dock shall be constructed to create a vertical wall of solid earth or concrete so as to
act as a bulkhead or breakwater.
G.
The maximum decking elevation of a dock shall be plus five (+5.0) feet mean high water.
Railings shall not exceed forty-two (42) inches in height above the decking of the dock.
H.
A private residential dock shall be designed and constructed to permanently
accommodate no more than three (3) vessels. The access dock shall be limited to a
maximum width of six (6) feet. There shall be no more than one (1) private residential
dock per buildable waterfront zoning lot it will serve. Use of a private residential dock
shall be limited to residents of the residential unit(s) served by the dock and shall not be
rented.
This dock rental prohibition shall not be construed to apply to written rental contracts in
existence on May 21, 2007.
(Ord. No. 07-4720, 5-21-07)
I.
Community boat docks are permitted in RSF-E, 1, 2, 3 and 4 zone districts only; subject
to Minor Conditional Use approval (Article 4, Division 9) and the following additional
regulations:
1.
The total number of boat slips shall not exceed the total number of single-family
zoning lots in the residential subdivision served by a community boat dock.
2.
Use of a community boat dock shall be limited to residents of the single-family
subdivision served by the dock. A community boat dock shall not allow rentals.
3.
The access dock shall not exceed six (6) feet in width, finger piers shall not
exceed three (3) feet in width, and twenty-five (25) feet in length.
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City of Sarasota
Unofficial Zoning Code
2002 Edition
ARTICLE VII: Regulations of General Applicability
4.
The docks must be constructed adjacent to riparian property which is held in
common ownership by all of the lot owners in the subdivision through a
homeowners association or similar entity. The commonly owned riparian
frontage property and the access to such frontage are shall be a minimum of ten
(10 ) feet in width.
(Ord. No. 07-4720, 5-21-07)
5.
The total aggregate area of a community boat dock shall not exceed one thousand
(1,000) square feet.
(Ord. No. 04-4538, Sec. 14, 6-7-04; Ord. No. 07-4720, 5-21-07)
J.
Private residential multi-slip docks shall be designed and constructed to accommodate no
more vessels than the total number of dwelling units within the multi-family development
to which the docks are accessory. The access dock shall not exceed six (6) feet in width,
finger piers shall not exceed three (3) feet in width, and twenty-five (25) feet in length.
Use of a private residential multi-slip dock shall be limited to residents of the multifamily residential dwelling units of the development to which the docks are accessory.
Private residential multi-slip docks shall not be rented to any person or entity other than a
resident of one of the residential dwelling units within the development to which the
docks are accessory.
This dock rental prohibition shall not be construed to apply to written rental contracts in
existence on May 21, 2007.
K.
Structures in connection with a marine fueling facility, storage and sales of marinerelated products and attendant's shelter are permitted on commercial docks, provided that
such structures shall not exceed an area of fifty (50) square feet or a height of ten (10)
feet above the decking of the dock.
L.
Docks shall not include or accommodate non-water dependent structures and are not to
be used for non-water dependent purposes.
M.
Boat lifts shall not exceed seven (7) feet in height above mean high water, as measured to
the top of the lifter beam. Davits shall not exceed eight (8) feet in height above the
decking of a dock. Davits shall not exceed ten (10) feet in height above a seawall cap. No
dock shall have more than one (1) boat lift or davit for each permitted vessel.
N.
Pilings shall not exceed ten and one-half (10½) feet in height above mean high water.
O.
Fish cleaning tables shall not exceed forty-two (42) inches in height above the decking of
a dock. No dock shall have more than one (1) fish cleaning table.
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City of Sarasota
Unofficial Zoning Code
2002 Edition
ARTICLE VII: Regulations of General Applicability
P.
Benches and boat lockers shall not exceed ninety-six (96) inches in length, thirty-six (36)
inches in width or thirty-six (36) inches in height above the decking of a dock. No dock
shall have more than one (1) bench and one (1) boat locker for each permitted vessel.
Q.
Upland walkways shall be subject to the height limitation for structures in waterfront
setbacks.
R.
If state or federal permission is required for the erection of any dock, such permission
shall be presented in writing to the Director of Neighborhood and Development Services
prior to the issuance of any building permit for a dock.
S.
Docks in the G zone district shall be subject to Major Conditional Use approval.
Section VII-1303. Dredging and Filling
While dredging and filling of waterfront and submerged lands under the jurisdiction of the
Trustees of the Internal Improvement Fund of the State of Florida are subject to the authority of
the trustees, the City reaffirms its position that there shall be no filling of submerged and
waterfront lands beyond the established mean high water line. There shall be no dredging
operations seaward beyond established mean high water lines, except for those dredging
operations necessary to maintain boat channels and basins.
Section VII-1304. Seawall, Groins and Beach Protective Devices
Where properties are located on the waters of the Gulf of Mexico or the waters of passes,
seawalls, groins and other beach protection devices or coastal armoring shall be erected in
accordance with Florida Statute 161.085 and only by special permit of the city commission, upon
it being proved by the permittee at a public hearing held for such purpose that such beach
protection works are necessary to prevent such erosion, are properly designed to prevent erosion
of the property on which they are to be erected, and will not adversely affect adjacent and nearby
properties. On all other water frontage, seawalls and bulkheads may be erected only landward of
mean high water lines. In no event shall such seawalls or bulkheads exceed an elevation of plus
five feet above the mean low watermark. Existing seawalls, groins and beach protective devices
that are seaward of the mean high water line may be maintained or replaced to the same extent that
existed at the time of this amendment. Existing seawalls may be repaired with panels seaward of
the seawall if it is determined by the Director of Neighborhoods and Development Services that
such panel is the appropriate method of repair.
(Ord. No. 09-4888, 11-2-09)
Sec. VII-1305. Manatee Protection Plan.
Construction of five (5) or more wet or dry marine slips shall comply with the resource
protection measures of the Sarasota County Manatee Protection Plan, dated September 24,
2003, as determined through the state and federal approval process. The development
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City of Sarasota
Unofficial Zoning Code
2002 Edition
ARTICLE VII: Regulations of General Applicability
location of new or expansion of existing boat facilities of five or more wet or dry marine
slips shall be consistent with the Boat Facility Siting Plan component of the Sarasota County
Manatee Protection Plan, dated September 24, 2003.
(Ord. No. 06-4663, 3-20-06)
Sec. VII-1306. Non-Conforming Docks.
(1)
If any existing non-conforming dock which was originally legally constructed, and which
is abutting a residentially zoned parcel, is voluntarily or involuntarily destroyed or
damaged (either gradually or suddenly) by less than seventy-five percent (75%) of the
existing square footage and requires replacement of less than seventy-five percent (75%)
of the existing pilings, it may be rebuilt to the originally existing footprint within one (1)
year of the date of discovery of the destruction or damage. It is the applicant’s burden to
establish the date of discovery of the gradual or sudden destruction, to provide sufficient
proof of the prior existing footprint and to provide proof that the dock was originally
legally constructed.
(2)
If any existing non-conforming tie-off piling which was originally legally constructed,
and which is abutting a residentially zoned parcel, is voluntarily or involuntarily
destroyed or damaged (either gradually or suddenly) to any extent, it may be replaced in
its original existing location within one (1) year of the date of discovery of the
destruction or damage. It is the applicant’s burden to establish the date of discovery of
the gradual or sudden destruction, to provide sufficient proof of the prior existing
footprint, and to provide sufficient proof that it was originally legally constructed.
(3)
If any existing non-conforming dock which was originally legally constructed, and which
is abutting a residentially zoned parcel, is voluntarily or involuntarily destroyed or
damaged by seventy-five percent (75%) or more of the existing square footage or
requires replacement of seventy-five percent (75%) or more of the existing pilings, it may
be rebuilt to the originally existing footprint within one (1) year of the date of discovery
of the destruction or damage if:
(a)
A notarized letter of consent is provided from any abutting property owner; or
(b)
A variance is secured pursuant to the requirements of zoning code section IV606(c).
It is the applicant’s burden to establish the date of discovery of the gradual or sudden
destruction, to provide sufficient proof of the prior existing footprint, and to provide
sufficient proof that the dock was originally legally constructed.
(Ord. No. 07-4720, 5-21-07)
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