Boat Dock, Pier and Boat House Construction Standards
Problem: “Boat Dock” does not appear in the easements.
Solution: Replace with “Dock” throughout the document.
A. Water Use and Access Easement: the lands enclosed on one side by the lakefront property line, on a second side by the waters of Lake Worth, and on the third and fourth side by two lines, each beginning at opposite ends of the lakefront property line and each being a projection of the side lot lines of each lot as shown on the plat of record.
B. Lake Worth Management Office (LWMO): that group in the Water Department responsible for permit review and approval for improvements at Lake Worth and adjacent properties. This group is under the supervision of the Lake Worth Coordinator.
Boat Dock Standards Board of Adjustment (BDSBOA): a nine (9) member board appointed by the City Council to review interpretations, special exceptions and variances of the provisions of this ordinance.
1) See above.
2) Acronym is long
Solution: Dock Standards Board of Adjustment (DSBA)
A. Boat docks approved under these regulations shall be for personal or family use and shall not be used for commercial activity.
B. Boat docks, piers, and boat houses shall be considered accessory structures. A primary structure must be present on the lot to which the boat dock/walkway is attached.
C. The maximum floor to area coverage allowed for boat docks, piers, boat houses and walkways shall be 25% of the area of the Water Use and Access Easement. Provided that every site regardless of the area of the Water Use and Access Easement shall be allowed a minimum coverage area of 1000 square feet and a maximum coverage area of 2500 square feet.
D. The minimum setback from a projected side yard line shall be based on the width of the property at the lakefront property line.
Lot Width Setback
Less than 50 ft. 5 ft.
50-69 ft. 10 ft.
70-99 ft. 15 ft.
100 ft. or more 20 ft.
E. Improvements may extend to a point 100 feet from the lakefront property line into the waters of Lake Worth regardless of the depth of the water at that point, or to the point at which the elevation of the land lying under Lake Worth is not greater than 584 feet above mean sea level, but in no instance to extend further than 150 feet from the lakefront property line into the waters of Lake Worth.
F. No structure shall occupy more than one third of the channel width and in no case shall extend more than 20 ft. from the centerline of the channel.
G . There will be no living quarters allowed on any boat dock, pier, boat house or walkway that extends over the lakefront property line.
More Appropriate: “All structures that extend over the lakefront property line shall be classified as Group U Occupancy.”
H . Enclosed structures are not allowed. In order to protect a raised boat within a dock from the elements, solid sides on the boat house will only be permitted for a maximum of two (2) feet downward to the point where the ceiling joist meets the top plate. No additional materials (i.e. lattice, fencing, bars, screen fabric, doors, glass, etc.) may be installed below the two (2) foot sidewalls.
1) No clear and compelling reason was given as to why enclosed structures would be prohibited.
2) There was no consensus of the Dock Steering Committee to disallow enclosed structures.
3) The right to build a “boat house” was granted under the easement. The wording above attempts to revoke that right. Even though the city may now regret its former decision, property rights cannot be revoked without eminent domain proceedings and just compensation.
Solution: Remove the wording.
A contained storage area not exceeding 27 sq. ft. is allowed on the first floor (lower deck) of the structure for storing tackle, life jackets, etc. Products considered hazardous or which have warning labels prohibiting its use near public water supplies shall not be stored in these areas.
1) See “H” above.
2) 27 feet is laughably small anyway.
Solution: Strike part of wording.
J. No toilet facilities of any type will be allowed on any structure built past the lakefront property line. A potable water supply can be plumbed to the first floor (lower deck) provided that required backflow prevention devices are installed and inspected in accordance with the Plumbing Code of the City of Fort Worth.
K. Fuel pumping facilities exceeding fifty-five gallons are not allowed on structures built that extend past the lakefront property line.
L. Structures shall be limited to a single story (lower deck) and a sundeck (upper deck). The floor of the lower deck shall be no less than the 596 foot elevation. The roof of a structure shall have a minimum of 6 in 12 pitch. The upper deck may not have a permanent roof or covering.
1) The wording describes a 45’ pitch.
Correction should read: “1/2 in 12 pitch”
M. Any structure that extends more than 100 feet from the lakefront property line shall be equipped with a white photocell light of no less than 60 watts that operates continually from dawn to dusk. The LWMO may require that lighting be placed on structures less than 100 feet from the shoreline when in their opinion it is warranted to enhance boating safety. It is the dock owner’s responsibility to ensure that all required lighting is properly maintained and operational at all times.
1) Wattage is a power usage description – not a brightness spec.
2) Modern lighting continues to provide more brightness with less electrical usage. A “traditional” 60 watt incandescent light produces ~800 lumens.
3) Boats and other vehicles successfully use much dimmer lights at night.
4) Many people don’t have electricity on the end of their docks to power bright lights.
5) Modern solar powered LED yard lighting provides a good and inexpensive solution.
Solution: “200 lumens”
VARIANCES AND SPECIAL EXCEPTIONS
A. Creation and appointment. There is hereby created a
boat dock standards board of adjustment (BDSBOA), consisting of nine (9) members, all of whom shall be qualified electors of the City of Fort Worth. It is the declared policy that the city council will consider for appointment to the boat dock standards board of adjustment only those persons who have demonstrated their civic interest, general knowledge of the community, independent judgment, understanding of land use and planning and availability to prepare for and attend meetings. Preference will be given, where feasible, to appointees who possess knowledge or background in one (1) of the following fields:
2. Property development;
3. Building design; or
4. Mortgaging and financing.
B. Terms of office. The members of the BDSBOA shall be identified by place numbers one (1) through (9). The odd-numbered places shall expire on October 1 of each odd-numbered year and the even-numbered places shall expire on October 1 of each even-numbered year. BDSBOA members may be appointed to succeed themselves. Vacancies shall be filled for unexpired terms, but no member shall be appointed for a term in excess of two (2) years.
C. Organization. The BDSBOA shall hold an organizational meeting in November of each year and shall elect a chairman and vice-chairman for each panel from among its members before proceeding to any other matters of business. The Lake Worth Coordinator, or a designated representative, shall be the secretary of the BDSBOA. The panel of the BDSBOA shall meet regularly and shall designate the time and place of its meetings. The BDSBOA shall adopt its own rules of procedure and keep a record of its proceedings in accordance with the state statutes, this ordinance, and the City Charter. Newly appointed members shall be installed at the first regular meeting after their appointment.
D. Meetings and quorum. Seven (7) members of the BDSBOA shall constitute a quorum for the conduct of business. The members of each panel of the board of adjustment shall regularly attend meetings and public hearings of the BDSBOA and shall serve without compensation, except for reimbursement for authorized expenses attendant to the performance of their duties.
E. Decision by BDSBOA. The affirmative vote of seven (7) members of each panel of the board of adjustment shall be required to reverse or modify any order, decision or interpretation of this ordinance.
F. Staff responsibility. The Lake Worth Coordinator and any designated representatives shall be the regular technical advisors to the BDSBOA.
G. Attendance reports. Each month a report shall be submitted to the city council showing the cumulative attendance of each member with a notation of members who have been absent from three consecutive meetings, and a notation of the non-availability of alternate members to attend meetings for which called.
I. Powers and duties. The BDSBOA shall have the powers and exercise the duties of a board of adjustment in accordance with Sections 211.008--211.011, Texas Local Government Code. BDSBOA members are representatives of the city and shall have the right of inspection of premises where required in the discharge of their responsibilities under the laws of the State of Texas and the ordinances of the city. The board of adjustment's jurisdiction shall extend to and include the hearing and deciding of the types of appeals and applications listed below, and to that end shall have the necessary authority to ensure continuing compliance with its decisions. In addition, the BDSBOA shall have the authority to compel the attendance of witnesses necessary to its decision-making.
1. Interpretation. To render an interpretation of those provisions of boat dock ordinance where it is alleged that there is error in any order, requirement, decision or determination made by an official in the administration of such provisions. In reaching its decision, the BDSBOA shall establish firm guidelines for future administrative actions on like matters.
2. Special exception. To decide upon applications for special exceptions under General Requirements Section C
3. Variance. To authorize upon appeal in specific cases such variance from the terms of the General Requirements Sections D, E, F and I as will not be contrary to the public interest.
1) This section doesn’t exist.
Solution: “General Provisions”
EMERGENCY USE BY PUBLIC AGENCIES: Dock owners shall allow the LWMO, law enforcement agencies, fire departments, and emergency personnel to access and use a dock for emergency purposes, without charge or other compensation, or liability for such use.