§ 47-19.6. Habitation on floating homes and vessels.

A.

Definitions:

1.

A floating home is any waterborne structure designed for use primarily as a home or dwelling. The term also includes any vessel which has been altered or converted into a home or dwelling and which is incapable of navigation by means of self-propulsion.

2.

A vessel is any waterborne craft (other than a seaplane) used or designed and capable of being used as a means of transportation on water.

3.

Habitation aboard a floating home or vessel means overnight occupation of it by one (1) or more persons, while the home or vessel is moored, docked or anchored in any of the public waterways lying within the city.

4.

An incineration device is a facility approved by the United States Coast Guard located on a floating home or vessel which is capable of reducing waste from any floating home or vessel to clean ash. No smoke or residue or harmful discharges shall be emitted from this device.

5.

A marine sanitation system is a facility approved by all governmental authorities having jurisdiction over the marine sanitation system capable of removing waste from any floating home or vessel and discharging same into a sanitary disposal system approved by all governmental authorities having jurisdiction over the sanitary disposal system and available for use by persons living aboard a vessel or floating home.

6.

An on-shore restroom facility is an operating toilet located within an enclosed structure available for use at all times by persons who are using the adjacent property to dock or moor their vessel or floating home.

7.

An owner shall include a duly authorized agent, a purchaser, devisee, fiduciary, property holder or any other person, firm or corporation having a vested or contingent interest, or in case of leased premises, the legal holder of the lease contract, or the holder's legal representative, assign or successor. (See Section 401 of the Florida Building Code, Broward County Edition.)

B.

Habitation aboard a vessel is permitted in:

1.

Any municipal dock area;

2.

A licensed commercial marina lying within a P, CF, B-1, B-2, B-3, I or RAC district;

3.

A licensed yacht club;

4.

Waterways adjacent to property zoned B-1, B-2, B-3 or RAC; and

5.

Waterways adjacent to property zoned RM, RML, RMM, RMH or RAC.

C.

Habitation aboard a floating home (which has been certified for occupancy pursuant to Chapter 9 of Volume I of the Code) is permitted in:

1.

Any municipal dock area;

2.

A licensed commercial marina lying within a P, CF, B-1, B-2, B-3, I or RAC district;

3.

A licensed yacht club; and

4.

Waterways adjacent to property zoned B-1, B-2, B-3 or RAC.

D.

The owner of property which is adjacent to any portion of a public waterway shall not permit any vessel or floating home which is used for habitation to be moored or docked at such property unless the following conditions are met:

1.

The zoning district density limitations applicable to the real property adjacent to the vessel or floating home shall not be exceeded in residential areas (for the purpose of administration of this and the following subparagraphs, each vessel shall be considered and treated as the equivalent of a dwelling unit); provided, however, that if the waterway in which the vessel is to be located has a minimum width of one hundred (100) feet and does not terminate in a "dead end," then the density limitation shall be increased to a maximum of forty (40) units per net acre in order to accommodate habitation aboard the vessel;

2.

There is located on the property adjacent to which the vessel or floating home is moored or docked a number of parking spaces equal to the total number of the dwelling units located on such property and the vessels or houseboats moored or docked at such property;

3.

The requirements of all applicable laws and regulations, such as those governing public health, public safety, sanitation and the environment are met;

4.

Marine sanitation systems or on-shore facilities are provided if required pursuant to subsection D.5.

5.

If the owner of property is permitting any vessel or floating home equipped with a holding tank to moor or dock at such property, the property owner shall:

a.

Provide on the property at all times, one or more operable marine sanitation systems; or

b.

Provide for mobile marine wastewater disposal services through a contract between the property owner and a licensed contractor. Said contract shall provide that marine wastewater disposal services are available at least once a week to each floating home and vessel docked or moored at said owner's property. The property owner shall provide to the city a copy of the contract and provide on a monthly basis a copy of a report by the contractor identifying the number of times the contractor has serviced each floating home or vessel docked or moored at the property, the number of gallons of wastewater removed from each vessel and the location where the contractor disposed of the wastewater. Such disposal locations shall be legally authorized and approved for wastewater disposal.

c.

If the owner of property is permitting any vessel or floating home not equipped with a holding tank or an incineration device to moor or dock at such property, the property owner shall provide on the property, one (1) or more on-shore restroom facilities available for use at all times by persons living aboard the vessels or floating homes docked at the property. This on-shore restroom facility requirement shall not apply if such vessel or floating home is equipped with a marine sanitation device approved by the United States Coast Guard which disposes overboard effluents that meet standards approved for discharge by all applicable state, federal or local agencies that have jurisdiction.

d.

If the owner of property is permitting a vessel(s) or floating home(s) equipped with a holding tank and a vessel(s) or floating home(s) not equipped with a holding tank to moor or dock at such property, the owner must comply with the requirements provided in subsections D.5.a, b and c. On-shore restroom facilities and marine sanitation systems shall comply with all applicable zoning regulations. If compliance with a regulation would require the relocation of an existing exterior wall of a principal building, it shall be waived by the city only if the property owner can demonstrate that the proposed restroom facility is no larger than necessary to meet Florida Building Code, Broward County Edition, requirements and the requirements of this section and complies with the zoning regulations to the greatest extent possible as determined by the department.

e.

By February 1, 2001, all marine sanitation systems shall be equipped with a transparent sight tube at least two (2) inches in length as part of the pump-out hose assembly connecting the vessel to the pump-out station.

E.

No vessel or floating home will be moored or docked in a manner that extends more than thirty percent (30%) of the width of the waterway, measured from recorded property lines, and if a vessel is moored or docked adjacent to residential property, in a manner that extends beyond applicable side setback lines, except as provided in Section 47-19.3.H.

F.

As to floating homes only after a certificate of occupancy has been issued and obtained, as required pursuant to the provisions of Article V, Chapter 9, of Volume I of the Code.

G.

Habitation aboard a floating home or vessel in any other public waterway within the city, except as provided in this law, is prohibited.

(Ord. No. C-97-19, § 1(47-19.6), 6-18-97; Ord. No. C-00-53, § 2, 10-3-00; Ord. No. C-03-23, § 2, 7-1-03 )