§ 40-25. Boat docks

(a) Construction. The purpose of this section is to regulate and control the construction, alteration, repair or demolition of boat docks, piers, retaining walls, ramps, or any structure on the shoreline or extending into the waterways of Lake L.B.J. within the city; to establish appropriate standard to protect the health, welfare, and safety of the community; and to establish penalties for violations of the provisions.

(b) Building permit. A city building permit must be obtained for all construction, alteration or demolition. Minor repairs may be made with the approval of the building official without a permit providing they do not violate any provision of this section.

(c) Approval. The owner, contractor, architect or engineer authorized to represent the owner shall submit an application on a form prescribed by the city for approval, plans and specifications, or the proposed construction to be done, and pay any application fee, if adopted by the city council, to the building official for review. Permits will be issued at the city office by the building official if the application meets all city requirements.

(d) Code. All construction methods, and building materials used must comply with minimum requirements set forth in the International Building Code, 2006 edition, and subsequent additions, or subsequent code or building regulations adopted by the city.

(e) Inspection. Existing boat docks, piers, ramps, slips, retaining walls, or other structures on the shoreline or extending into the lake or waterway are subject to inspection by the building official and if found to be unsafe, unsanitary, or a hazard to navigation, the owner will be advised to bring the structure up to compliance with this section within 60 days.

(f) Private facilities. No private pier, boat docks, ramps, slip or other structure will have any type of living facilities, kitchen, toilets or urinals, except if a special permit is approved by the city council.

(g) Commercial facilities. Commercial piers, boat docks, slips, ramps, incidental to the use of the lot from which they are extended, are permitted provided they do not include living facilities, kitchens, toilets or any fixture requiring connection to a waste disposal system, providing they do not violate other provisions of this section.

(h) Zoning. Boat docks are a permitted use in all zoning districts on waterfront lots.

(i) Special permits. Requests to permit the additional use of the structure to include any type of living facilities, kitchen, toilets or urinals shall be submitted on an application form prescribed by the city and referred to the planning and zoning commission for recommendation, and final decision to approve or disapprove shall be decided by the city council as any other special permit application.

(j) Special provisions. No structure on the shoreline or extending beyond shall exceed the height of 16 feet above the 825-foot elevation of Lake L.B.J.

(k) Electrical. All electrical installations for docks shall be in accordance with the National Electrical Code (NEC), with particular attention given to articles 250, 339, 553, and 555, and with the National Electrical Safety Code (NESC). Electrical systems should be designed and installed by a licensed electrician. Wiring methods, equipment and materials should be listed and approved for use in wet and damp locations.

(l) Property line. No type of structure shall be less than five feet from a line projected from the intersection of the water front property line and the side property lines of the adjacent lots.

(m) Waterway. No structure of any kind shall be erected, altered, enlarged, anchored or replaced that may hinder the free navigation of any waterway.

(n) Piers, boat docks, slips. No pier, boat dock, or slip shall be erected or placed beyond the banks or shoreline of any water way or canal whose width is less than 35 feet from bank to bank. Nor shall any such structure be erected or placed in any canal or water way extending to a point which when any similar structure should be erected or placed from the opposite bank to the same extent will provide less than 30 feet of obstructed passage for boats.

(Ord. No. 409-B, 6-2007; Ord. No. 409-C, § II.G, 8-13-2008)