Fort Walton Beach Ordinance — 2159--Amending LDC Chapter 5 for Livery Vessels — reading text

READING DATE tat 3 1l2oaS 2nd ORDINANCE 2159 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING CHAPTER 5 OF THE LAND DEVELOPMENT CODE RELATING TO LIVERY VESSELS; PROVIDING FOR FINDINGS OF FACT; REGULATING LIVERY VESSELS; MODIFYING THE DEFINITION OF LIVERY VESSELS; REQUIRING PERMITTING AND A FORMAL APPLICATION PROCESS FOR LIVERY VESSELS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the tranquility, environmentally sound, and orderly and safe use of City waterways is of prime importance to the City, its citizens and visitors; and WHEREAS, the City Council of the City of Fort Walton Beach recognizes that the unregulated rental of livery vessels by the public impacts the welfare of the historic working waterfront, and jeopardizes the health, safety and welfare of the City's residents, property owners, and visitors; and WHEREAS, it is therefore necessary, and in the interest of the public health, safety and welfare, to monitor and provide reasonable means to ensure adherence to state laws and ensure safe and responsible operation of such livery vessels; and WHEREAS, the unregulated rental of livery vessels has led to increased instances of unlicensed businesses renting livery vessels to inexperienced operators, which has led to unsafe conditions in the waters of the City during many times of the year; and WHEREAS, the requirement of a permit for each livery vessel, that shall be rented out within the city, and the permit fees collected and used to support the code enforcement division in enforcing this ordinance, will allow the City to effectively regulate and monitor livery vessels being rented by businesses within the City, which is reasonably related to protecting the public health, safety, and welfare of the City's residents and visitors, and is also reasonably related to preserving the historic working waterfront of the city; and WHEREAS, the City Land Development Code requires permitting and regulations of livery vessels and the City Council desires to enact updates to the existing Code; and WHEREAS, the City Council finds that this Ordinance serves the public interest and is necessary and appropriate to protect public health, safety, and welfare of its citizens and visitors.  WHEREAS, the City Council has determined that this ordinance is in the best interests of the City and its citizens; and WHEREAS, two public hearings have been conducted by the City Council after due public notice. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH AS FOLLOWS: NOTE: Language in all sections of this ordinance that is str-flie thru is language proposed to be deleted, underline language is language to be added, language that is not in strike-thru or underlined is not to be changed. The symbol *** represents sections of the Land Development Code that have been skipped and remain unchanged. Section 1. Legislative Findings. The above stated findings are hereby adopted and fully incorporated herein. Section 2. Authority and Intent. The authority for enactment of this ordinance is pursuant to the powers vested in the City by s. 2( b), Art. VIII of the State Constitution, Section 166. 021 and 166. 041( 3)( b) of the Florida Statutes, Section 327. 60 Florida Statutes, and the Fort Walton Beach City Charter. Section 3. AMENDING SECTION 5. 04. 32, " LIVERY VESSEL RENTAL". Delete Section 5. 04. 32 of the Land Development Code in its entirety and replace it with the following: 5. 04. 32 Liven, Vessel Rental. A. Definitions and Allowable Uses: 1. A livery vessel establishment may include the following uses: a. The lease, rental, or charter of livery vessels, including boats and personal watercraft, to members of the I)ublic for consideration pursuant to Section 327. 02, F. S., including, the activities associated with this including the transport of customers to and from the liveLy vessels and service of other needs of such customers. It shall also include operation of and maintenance of chase" vessels for retrieving, customers from disabled or damaged vessels. It shall also include service repair, and maintenance of live vessels and chase vessels including, but not be limited to, pressure washing, sanding, painting, 12erforming mechanical repairs, performing fiberglass and other repairs to the exterior of live vessels ul2holstM fabrication and repairs, gelcoat re air  buffing, waxing, polishing, and detailing vessel interiors and exteriors. These facilities may also engage in the storage of livery vessels and equipment, diesel fuel or gasoline fuel storage and fueling of livery vessels, and retail sales as an accessory use, subject to the below restrictions. 2. A livery vessel is as defined in Section 327. 02 F. S. A " livery vessel" is any motorized vessel that is rented leased and/ or chartered by the owner to another VgM for a designated period of time and that vessel is under control of the renting party at all times and has a written contract between both parties stating SO. a. A "bareboat charter" is considered a livery vessel. b. Each vessel that is included within the fleet of a boat club is a livery vessel. c. An person or entity that rents leases or charters one or more vessels to another but claims their vessel or vessels are excluded from the definition of a live vessel because the vessel or vessels are under the control of a United States Coast Guard licensed Captain at all times must provide satisfacto evidence to the City of such claim by providing to the City one valid, current copy of the Ca tain' s license assigned at all times to each vessel pursuant to Coast Guard Regulations. 3. A livery vessel vendor means anyperson or dealer, as those terms are defined in Section 327. 02, F.S., who rents or leases for hire any livery vessel. 4. Vessel is synonymous with boat as referenced in Section I( b), Art. VII, of the State Constitution and includes eveEy description of watercraft bare and airboat, other than a seaplane on the water, used or capable of being used as a means of transportation on water. B. A livery vessel vendor must comply with Chapter 327, F. S. C. Secondary Uses. 1. A livery vendor may operate as a secondary use on a development lot in accordance with Section 4.02. 02 of this Code provided the primary use is in compliance with all LDC standards. 2. A live vendor mqy be combined within one 1 building in accordance with Section 4. 02. 03 of this Code and all a licable Florida Building Code and Florida Fire Prevention Code standards. D. Liver. Permit Requirements. 1. Annual Permit Required. It shall be unlawful for any vendor to offer or base Live Vessel rental services within the City of Fort Walton Beach unless each  livery vessel offered for rent by a vendor has been permitted by the Cily in accordance with the provisions of this article. It is the intent of this article to r uire apen-nit for each lively vessel rented by a vendor. In lieu of issuinga separate permit document for each livery vessel, in order to simplify the permitting process, the cily ma elect to issue one document to a vendor that provides a certified inventoLy of each permit issued to the vendor that lists registration numbers for each livM vessel permitted. 2. Formal application re uired. To procure an annual permit for a live vessel under the provisions of this article, all vendors shall submit a formal new application for each livery vessel sought to be permitted, each year to the city manner, or his/ her designee each year. Incomplete permit applications will be returned to the apRlicant with a list of corrections needed. No operations are allowed until the permit is approved. The City may elect to provide a form to vendors that allows the vendors to apply for all permits, the vendors seeks for the given year, on one form. 3. Application for permit. Applications for annual permits shall set forth and/ or include at a minimum: a. A copy of the State of Florida Submerged Land Lease for every livery vessel vendor o eratin , on pro]2erty within the Cily with a drawing, to scale showing that mooring of liveEy vessels will be contained within the boundaries of the subject lease and is in compliance with all local, state and federal law including, but not limited to all requirements of the Florida Department of Environmental Protection and the Army Corp. of En ineers. If a marina has a copy of the submerged land lease on file with the cit), any vendors operating out of that marina shall be exempt from this requirement. However, they must demonstrate they have enough space to dock all vessels in operation at that marina. If the live vessel vendor can demonstrate the availability of an on- site boat ramp, that vendor may operate additional vessels equal to the number of vessels approved for on- site a land Stora a in accordance with LDC 5. 04.32. D. 3 below. Vessels stored for this ppMose shall not be considered temporary storage. b. A hazardous material abatement plan a roved by the City. In addition to an City requirements ( includingbut not limited to fire department reguirements), the plan shall provide sufficient details and specifications to assure appropriate on- site maintenance and inspection, spill prevention and response training, a spill response plan to mitigate and report any impacts to the beach or the waterways in and around the City, to provide proper safety_ precautions regarding the storage of fuels; and provide fire safety equipment. The vendor shall in all operations comply with all provisions of the refueling _ plan. Where fuel or other hazardous substances will be stored handled or sold the live  vessel vendor shall provide facilities and procedures for the prevention, containment, recovM, and mitigation of spilled fuel or other hazardous substances. Facilities and procedures shall be designed to prevent such substances from entering the water or soil and shall include adequate means for prompt and effective cleanup of spills. c. A site plan showing location of permanent ADA restroom facilities and trash and recycling receptacles available