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THE CODE, BEACHES AND WATERWAYS
BOATING
Speed limit in certain areas; exceptions.
It shall be unlawful for any person to operate a boat or watercraft of
any kind which is propelled by a motor or engine in any bayou, creek, canal, arm of the Bay, channel, boat harbor, anchorage, dockage area or
within one hundred fifty (150) feet of any shoreline, dock, wharf or bridge within the city at a speed greater than six (6) miles per hour when
posted as a speed restricted area.
This section shall not apply within one hundred fifty (150) feet of a location
on a shore, bulkhead or dock being employed as a point of departure or return in connection with water skiing or aquaplaning activities where a
watercraft employed in any such activity leaves or approaches the shore or bulkhead itself, or the shore or bulkhead on which any such dock
lands, in a direction perpendicular thereto or within an included angle of forty-five (45) degrees on either side of such perpendicular.
(Code 1971, § 11-12; Ord. No. 95-3869, § 1, 6-19-95)
Speed limit within certain distance of other
watercraft; exceptions.
No person shall operate a boat or watercraft of any kind which is propelled by a motor or
engine at any point within the city at a speed greater than six (6) nautical miles per hour within one hundred fifty (150) feet of any other
watercraft except in areas designated for use for water skiing and aquaplaning. This section shall not apply to any boat or watercraft proceeding
on a substantially straight course, either parallel or at right angles to the course of another boat or watercraft, for the purpose of clearing
such other boat or watercraft when proceeding in a channel. For the purposes of this section, the word "channel" shall include any area
of water which, because of its depth, location, or the configuration of nearby obstructions to navigation is routinely used as a route of travel
for substantial numbers of boats or watercraft within the city.
(Code 1971, § 11-13)
Designation of main channels.
The city manager, with the concurrence of the city commission and after public hearing held on
the matter by the city commission, shall have the power and is authorized to designate channels in addition to those defined in section 10-41 as
"main channels," by posting signs containing the words "main channel" or equivalent language at the principal entrances to any
such channel where, after a study and survey of the same, it appears that such channels are similar to the main channels described in section
10-41 by virtue of the traffic through the same and where it further appears that the removal of the speed limit is desirable to expedite the
movement of water traffic and can be made without undue jeopardy to nearby shore installations. The city manager, with the concurrence of the city
commission and after public hearing held on the matter by the city commission, is also authorized to designate, mark or buoy, and appropriately
sign on either a temporary or permanent basis water-skiing and aquaplaning areas in portions of Sarasota Bay where such activities can be carried
on without undue jeopardy to nearby shore installations and where the same will not substantially tend to create a noise or other nuisance. When
an area has been so marked or buoyed and signed, the provisions of sections 10-41 and 10-42 shall not apply within such designated area.
(Code 1971, § 11-14)
Speed not to be greater than what is reasonable
under conditions.
Nothing contained in this article shall be construed to authorize or approve any speed greater
than is reasonable and proper in consideration of local conditions, other water traffic, persons swimming or fishing in the area or other hazards,
whether such speed is more or less than six (6) nautical miles per hour.
(Code 1971, § 11-15)
MOORING
Definitions.
Unless the context clearly provides otherwise, the use in this division of the following words
shall have the respective meanings:
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Live-aboard shall refer to the occupancy or use of a watercraft by one (1) or more persons, as a
place of habitation, residence, living quarters or for dwelling purposes, temporarily or permanently, continuously or transiently, at any
location within the marine park zone district of the city.
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Moor shall mean to anchor or tie-off a watercraft, rowboat, dinghy, canoe or other similar type of
boat to any submerged fixed object or to tie-off or secure a watercraft to a piling, dock, wharf, seawall or other object or thing located
on real property adjacent to the waters of the marine park zone district of the city.
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Watercraft shall mean any boat, motorboat, sailboat, vessel, houseboat, barge, floating structure,
floating home or any contrivance of any nature whatsoever which is waterborne, whether or not the same is capable of moving under its own
power or by sail; provided, however, that this definition shall not apply to boats, etc., which are utilized, temporarily, for promotional
purposes as part of an event, show, boat show or the like permitted by the city commission.
(Ord. No. 85-2854, § 1, 2-4-85)
Mooring prohibited--Generally.
It shall be unlawful for any person to moor any watercraft which is
used for live-aboard purposes within the marine park zone district, which is not capable of moving under its own mechanical power or by sail.
It shall be unlawful for any person to moor a watercraft, within the marine park
zone district, for a period of time in excess of seventy-two (72) hours except under the following circumstances:
The watercraft is moored at pilings, a dock or seawall which is
adjacent to private real property, with the permission of the riparian owner or the permission of the lawful occupant of the real property
authorized to grant permission; or
The watercraft is moored at a commercial marina, yacht basin or yacht club
which lawfully operates pursuant to an occupational license issued by the city and is a lawfully permitted use pursuant to the zoning code
of the city; or
The watercraft is moored within an area designated by specific action of the
city commission as an approved area for the mooring of watercraft for a time period in excess of seventy-two (72) hours; and
The watercraft is moored in conformity with the requirements of sections
10-52, 10-53, 10-54 and 10-55.
It shall be unlawful for any person who owns or occupies real property
adjacent to the marine park zone district to allow the mooring of a watercraft at pilings, a dock or seawall owned or under the control of such
person, except in conformity with this section.
(Ord. No. 85-2854, § 2, 2-4-85)
Same--Property of city.
It shall be unlawful for any person to anchor, moor or tie-off a
watercraft at, to or on any dock, seawall, piers or real property owned by the city, for any period of time, when the dock, seawall, pier or
property has been posted by the city as "Mooring Prohibited."
It shall be unlawful for any person to anchor, moor or tie-off a watercraft at,
to or on any dock, seawall, pier, real property or beaches owned by the city for a period of time in excess of twelve (12) hours when the dock,
seawall, pier or real property has not been posted as "Mooring Prohibited."
(Ord. No. 85-2854, § 3, 2-4-85)
Same--In proximity to residential dwellings.
Within the marine park zone district, it shall be unlawful for any person to moor a
watercraft, for a period of time in excess of twelve (12) hours, within five hundred (500) feet of the mean high water mark of waterfront real
property which is zoned, developed or used for residential dwelling purposes; provided, however, that this section shall not apply to watercraft
moored in conformity with the provisions of section 10-51(b)(1), (2) and (3).
(Ord. No. 85-2854, § 4, 2-4-85)
Same--To trees and vegetation beyond prescribed
time.
It shall be unlawful for any person to moor a watercraft to any trees
or vegetation on waterfront property adjacent to the marine park zone district, for a period of time in excess of twelve (12) hours when the
watercraft is used for recreational purposes.
It shall be unlawful for any person to moor a rowboat, dinghy, canoe or other
similar type of boat which is propelled by other than mechanical power or by sail to trees or vegetation, on waterfront property adjacent to
the marine park zone district, for a period of time in excess of twelve (12) hours, when the same is used for recreational purposes.
It shall be unlawful for any person to moor a watercraft used for live-aboard
purposes to any trees or vegetation on waterfront property adjacent to the marine park zone district for any period of time whatsoever.
(Ord. No. 85-2854, § 5, 2-4-85)
Emergency exceptions to mooring prohibitions.
The provisions of sections 10-51, 10-52, 10-53 and 10-54 shall not apply when an emergency
situation or occurrence imposes a reasonable threat to the safety or welfare of the occupants of the watercraft and requires the temporary mooring
of the watercraft. In such event, a watercraft may remain temporarily moored, the prohibitions of the referenced sections notwithstanding for a
period of time not to exceed seventy-two (72) hours; provided, however, that the owner or occupant of a watercraft moored in violation of the
aforementioned sections shall be allowed to moor, pursuant to this section, only for such period of time as is reasonably required to correct the
emergency situation and thereupon the watercraft shall be required to conform to such sections. If a disabled watercraft cannot be repaired within
seventy-two (72) hours, it shall be towed or otherwise removed from the marine park zone or the disabled watercraft shall be moored in conformity
with section 10-51(b)(1) or (2).
(Ord. No. 85-2854, § 6, 2-4-85)
Determination of violation.
For the purposes of determining whether or not the requirements or prohibitions of sections
10-51, 10-52, 10-53 or 10-54 have been violated, the physical observation of a watercraft at the same location or approximate location, a minimum
of two (2) times within an allowed time period and one (1) time beyond the maximum authorized time period shall be deemed prima facie evidence of
a violation of the aforementioned sections. The required observations may be made by officers, employees or agents of the city, private citizens,
or both. In the case of observation by private citizens, such citizen shall be required to make affidavit as to the observation. Further, it shall
not be relevant to a determination of a violation of the aforementioned sections that the watercraft was temporarily moved from a site or location
and then later returned to that same site or location or in proximity thereto, unless the watercraft shall have been absent from the site or
location for a period of twenty-four (24) hours between each mooring.
(Ord. No. 85-2854, § 7, 2-4-85)
ZONING CODE City of SARASOTA,
DISTRICTS--REGULATIONS APPLICABLE TO SPECIFIC DISTRICTS
MP--MARINE PARK
Intent and purpose.
Water orientation is of major importance to the city and its citizens. The economy of the city
depends in considerable measure upon the water, and it is intended that the MP district be used for the purposes of protecting and preserving
water areas within the jurisdiction of the city. All waters, including, but not limited to, all basins, bays, bayous, canals, lakes, rivers,
streams, waterways and waters of the Gulf of Mexico, and all publicly and privately owned submerged lands thereunder extending from high tide or
bulkhead line are included in this zoning district.
Permitted principal uses and structures.
No structures are permitted, except as provided in section 6-23 of this
Zoning Code.
Permitted uses shall include noncommercial, water-oriented uses such as boating,
swimming, fishing, diving, waterskiing, surfboarding, wading and similar uses. In addition, all uses of any waters and submerged lands shall:
Protect the right of the public to the use and enjoyment for
recreational purposes of any of the waters or submerged lands affected.
Preserve grass flats and flats for breeding and spawning grounds for fish.
Not cause or contribute to erosion of waterfront properties.
Not create any alteration of water flow, accumulation of debris or creation
of water pockets for incubation of "red tide".
Demonstrate that adequate precautions are taken to prevent saltwater
intrusions into surface water tables.
Display that there are proper provisions to be taken for protection of an
access to existing or proposed navigable channels or basins. (Ord. No. 79-2292, § 1)
Within the MP zone district a person may moor a watercraft, as defined
in section 8-197(b)(1), whether the use of the same is for recreational, live-aboard purposes, or both, subject to limitations, conditions and
prohibitions of section 10-50 et seq., Sarasota City Code, and those set forth in section 8-197 of this Zoning Code.
(Ord. No. 79-2292, § 1; Ord. No. 85-2855, § 5)
Permitted accessory uses and structures.
Permitted accessory uses in the MP district shall be uses which are customarily incidental and
subordinate to permitted uses and shall not include structures.
Prohibited uses and structures.
Generally. Prohibited uses and structures in the MP district shall be
any uses or structures not specifically, provisionally or by reasonable implication permitted in this division.
Mooring and Living Aboard Watercraft. The use of the district as a site to moor
watercraft for the purpose of utilizing the watercraft as a residence, dwelling or place of habitation is prohibited except under the specific
circumstances enumerated herein, it being the intent and purpose of the Marine Park zone district designation to preserve the waters within the
corporate limits of the City of Sarasota for recreational purposes.
As used herein the following definitions shall apply:
Live aboard shall refer to the occupancy or use of a watercraft,
by one (1) or more persons, as a place of habitation, residence, as living quarters or for dwelling purposes, temporarily or permanently,
continuously or transiently at any location, within the Marine Park zone.
Marine park shall mean the waters within the corporate limits of the city
which are designated and identified by this Zoning Code as the district, including the waters of any bay, canal, bayou, or other waterway
which is adjacent to waterfront real property, regardless of the district classification of the adjacent waterfront real property.
Marine sanitation device shall mean any equipment required to be installed
on board a watercraft for the purpose of receiving and treating, prior to discharge, human body wastes and the wastes from toilets and
other receptacles intended to receive body wastes, or equipment required to hold or retain said wastes, and any process to treat such
wastes.
Moor shall mean to tie up to any dock, piling or other stationary object or
device or to anchor a watercraft in open water.
Person shall mean an individual, firm, association, organization,
partnership, trust, company, or corporation and use of the singular shall include the plural and the plural shall include the singular.
Watercraft shall mean any boat, motorboat, sailboat, vessel, houseboat,
barge, floating structure, floating home or any contrivance of any nature whatsoever which is waterborne and is capable of moving under
its own mechanical power or by sail.
Within the Marine Park zone district it shall be unlawful for any
person or persons to moor, for any period of time, a boat, vessel, barge, floating structure, floating home or any contrivance of any nature
whatsoever, utilized for live-aboard purposes, which is not capable of moving under its own mechanical power or by sail unless the same is
temporarily disabled. "Temporarily disabled" shall mean that the boat, vessel, barge, etc., is unable to move under its own
mechanical power or by sail as a result of an emergency situation or occurrence which imposes a reasonable threat to the safety or welfare
of the occupants thereof. In such event, the owner or occupant of the disabled boat, vessel, barge, etc., shall comply with the requirements
and prohibitions of section 10-50 et seq., Sarasota City Code.
Within the Marine Park zone district a person may moor and live aboard a
watercraft, for a period of time in excess of seventy-two (72) hours, if moored:
At a commercial marina, yacht basin or yacht club which lawfully
operates pursuant to an occupational license issued by the City of Sarasota and which is a lawfully permitted use pursuant to this Zoning
Code. Such mooring site shall provide dock space and facilities for the accommodation of watercraft on an overnight basis or for a longer
period of time and shall provide facilities for the removal and disposal of trash, garbage, rubbish and wastewater generated by the
persons mooring at the facility.
At an approved area for mooring, designated by specific action of the city
commission. In such event, use of the approved area for the mooring of watercraft shall be in strict conformity with the rules or
regulations established by the city commission relating to the operation of the mooring area.
Until such time as the city commission has affirmatively acted to create an
approved mooring area, the mooring of watercraft for live-aboard purposes in excess of seventy-two (72) hours shall be permitted only if
the watercraft is moored or anchored in strict conformance with the requirements of section 10-50 et seq., Sarasota City Code, as amended
by Ordinance No. 85-2854. Further, any person mooring a watercraft in excess of seventy-two (72) hours at any place other than a
commercial marina, yacht basin or yacht club shall be required to remove from the watercraft all trash, garbage, rubbish and waste, to
include wastewater and dispose of same at an appropriate place or site specifically maintained for the collection of same.
It shall be unlawful for any person to moor and live aboard a watercraft in
the Marine park zone which is not equipped with an operable marine sanitation device as required by the regulations of the U.S. Coast
Guard.
It shall be unlawful for any person who moors a watercraft within the
Marine Park zone to deposit or dispose of any trash, garbage or waste, including wastewater, by casting the same in or onto the waters of
the Marine Park.
It shall be unlawful for any person who moors a watercraft within the
Marine Park zone disposed of any trash, garbage or waste, including wastewater, by depositing the same on private property unless proper
receptacles for disposal are provided on the private property and permission is obtained from the owner of such property for their use.
It shall be unlawful for any person who moors a watercraft within the
Marine Park zone to dispose of any trash, garbage or waste, including wastewater, by depositing the same on public property unless proper
receptacles are provided for disposal. It shall be unlawful to dispose of wastewater on public property unless a marine sanitation
pump-out facility is available for use so as to properly dispose of said wastewater.
A watercraft shall be deemed to be used for live-aboard purposes
without regard for whether the use of the watercraft as a place of habitation, as a residence or dwelling is continuous or intermittent and
without regard for whether the periods of habitation, residence or dwelling occur during the a.m. or p.m., or both. A watercraft shall be
presumed to be used for live-aboard purposes if observed anchored or moored at any location within the MP zone on one (1) occasion daily,
for three (3) consecutive days, and one (1) occasion following the expiration of seventy-two (72) hours from the date and time of first
observance. It shall be immaterial to the determination of whether or not the watercraft is used for live-aboard purposes that the
watercraft has left the Marine Park zone, on one (1) or more occasions during the period of observation, unless the watercraft was outside
of or absent from the Marine Park zone for at least fourteen (14) days between occasions when the watercraft has been observed moored within
that zone. The required observations may be made by officers, employees or agents of the City of Sarasota, private citizens, or both. In the
case of observation by private citizens, such citizens shall be required to make affidavit as to the observation.
Any person found guilty of violating the provisions of subsection (2) or
subsection (3) above shall be deemed to have committed a misdemeanor offense punishable by a fine not to exceed five hundred dollars
($500.00) or imprisonment for a term not to exceed sixty (60) days, or by both such fine and imprisonment. Each day a violation of the
aforementioned section shall continue shall constitute a separate offense.
(Ord. No. 80-2412, § 2; Ord. No. 85-2855, § 4)
Special exceptions.
Special exceptions in the MP district shall be commercial uses which relate directly and
immediately to adjacent permitted uses and which show a clear public convenience and necessity and will provide for the enhancement of public
health, recreation and enjoyment. In addition, all uses of any waters and submerged lands shall:
Protect the right of the public to the use and enjoyment for
recreational purposes of any of the waters or submerged lands affected.
Preserve grass flats and mud flats for breeding and spawning grounds for fish.
Not cause or contribute to erosion of waterfront properties.
Not create any alteration of water flow, accumulation of debris or creation of
water pockets for incubation of "red tide".
Demonstrate that adequate precautions are taken to prevent saltwater intrusions
into surface water tables.
Display that there are proper provisions to be taken for protection of an access
to existing or proposed navigable channels or basins.
Provide parking for such commercial uses at a location appropriately zoned and
reasonably convenient to the place of business, or principal mooring site in the case of a boat or vessel when there is finding of need in the
particular case. The requirement for parking may be waived where the planning board determines that adequate public parking exists.
(Ord. No. 79-2292, § 2; Ord. No. 94-3785, § 6)
Minimum off-street parking requirements.
There shall be no minimum off-street parking requirements in the MP district, except when
off-street parking is required at a location appropriately zoned and reasonably convenient to the place of business, or principal mooring site in
the case of a boat or vessel; then the following standards apply:
In connection with commercial boating activity:
Pleasure craft: One (1) space for each slip;
Commercial excursion, sight-seeing, group fishing and dinner boats: One (1)
space for each three (3) seats;
Fishing guide boats (six (6) passengers or less): Two (2) spaces for each
slip.
For other special exceptions the requirement for parking is the finding
of need in the particular case.
For full text of City of Sarasota ordinances, see:
http://www.municode.com/database.html
Richard Taylor, Sarasota City Attorney
46 N. Washington, Ste. 21
Sarasota, FL 34236
(941) 954-4155
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