§ 511. Specific Accessory Uses and Structures Allowed.

511.1.   Accessory Antennas.

Antennas are allowable as an accessory structure in any district, subject to the provisions in this subsection.

A.

Antennas for the reception of television broadcasts are limited to twenty (20) feet in height above the roof line, unless otherwise noted below.

B.

Satellite dish antennas used for reception of television signals shall meet the following standards if they exceed three (3) feet in diameter:

1.

A building permit shall be obtained prior to construction for all roof mounted and commercial satellite dish antennas

2.

The structure shall be designed to withstand all forces generated by a wind of one hundred ten (110) miles per hour. The design must be certified by an Engineer or Architect to be capable of withstanding the winds specified by this section.

3.

The dish of satellite antennas shall be constructed of materials which are neutral in color, or to the extent possible, compatible with the appearance and character of the principal structure.

4.

No satellite antenna shall be mounted closer to the front property line than the front face of the building to which it is accessory.

5.

The ground-mounted satellite antennas shall be set back from rear and side property lines by a distance equal to or greater than the height of the antenna, but in no case less than seven and one-half (7.5) feet.

6.

Satellite antennas are not permitted within a PDMH, PDRV or CRV subdivision except, that one master satellite antenna on common property will be allowed, provided that it is set back a minimum of twenty-five (25) feet from any designated recreational vehicle or manufactured home lot.

C.

All satellite antennas (structures) must be shown on an approved application for development approval.

D.

A satellite antenna shall not be used as a sign.

E.

Antennas on Attached or Detached Dwelling Sites:

1.

No satellite antenna shall be mounted on the roof of any one- or two-family residential structure.

2.

The overall height of the satellite antenna shall not exceed twenty-five (25) feet.

3.

The maximum diameter of the satellite antenna dish shall not exceed fifteen (15) feet.

F.

Roof Mounted Satellite Antenna.

1.

All roof mounted satellite antennas shall not be closer to the property line than a distance equal to its height, when adjacent to any residentially zoned property. Roof mounted satellite antennas shall be allowed for all allowed uses except single family and duplex dwellings.

2.

Roof mounted satellite antennas shall be located in the rear one-third ( 1/3 ) on the building, in the least conspicuous location possible.

G.

Private mobile service antennas, which are primarily used for private mobile services, shall meet the following criteria:

1.

Must have a cross sectional area of less than four and one-half (4.5) square feet at the base; and

2.

Must be less than sixty (60) feet in height in the non-residential districts, or less than one hundred (100) feet in height in the industrial, conservation, village, manufacturing, and agricultural districts, or less than two hundred (200) feet in height in the Extraction District and on parcels zoned A that are a minimum of forty (40) acres.

511.2.   Accessory Child Care Centers.

Child care centers accessory to a principal use or residential development are allowed by Administrative Permit in the A, A-1, RDD and RMF districts if the following criteria are met; otherwise they are required to go through Special Permit review.

A.

The principal use and accessory day care center are located upon a roadway classified as a collector or higher on the Roadway Functional Classification Map;

B.

The maximum number of children and staff for accessory child care centers within residential zoning districts is one hundred (100).

C.

Accessory child care centers must meet all other applicable local, state or federal regulations.

D.

An accessory child care center provided within a church facility must provide the required number of paved parking spaces for the child care as a daily use per Chapter 10.

E.

Parking spaces for accessory child care centers within nonresidential buildings shall be specifically set aside and designated within the parking lot by either striping or signage.

511.3.   Child's Playhouse, Play Equipment.

Child's playhouse and child's play equipment accessory to a principal use shall not exceed two hundred (200) square feet in gross floor area.

511.4.   Emergency Storm Shelters.

The following standards apply to emergency storm shelters provided in conjunction with mobile homes parks, recreational vehicle parks and camping facilities, as required in this chapter.

A.

Standards. Emergency storm shelter buildings shall meet the following standards.

1.

The shelter shall be built to withstand winds of one hundred twenty (120) miles per hour.

2.

The minimum net floor area of the shelter shall be provided at a rate of twenty (20) square feet per lot or space.

3.

No shelter shall be located in the category 1, 2, or 3 areas of the Coastal Planning Area.

4.

The minimum lowest floor elevation shall be twelve (12) feet above mean sea level (M.S.L.) or two (2) feet above the highest point of the road adjacent to the shelter, whichever is higher.

5.

Full kitchen facilities operated by natural or L.P. gas shall be provided.

6.

Emergency lighting, ventilation and power provided by an independent and separate source, or portable generators shall be required. Generators must have at minimum, sufficient fuel to run continuously for three (3) days.

7.

Potable water storage shall be provided at the rate of ten (10) gallons per lot or space.

8.

Toilets and showers shall be provided at the minimum rate of one (1) each for every forty (40) lots or spaces.

9.

A secure storage room shall be provided.

10.

Separate rooms should be provided that can be used for the elderly, nursing, office space and recreation.

11.

An adjacent off-street parking area shall be provided.

12.

An adjacent open outdoor space shall be provided.

13.

All glass surfaces shall be protected by approved hurricane storm shutters.

14.

First aid equipment shall be provided.

15.

The shelter shall be available year round.

16.

A shelter team trained by the Red Cross Shelter Management Training Program shall be provided by the park management, developer, association or other acceptable body.

17.

The shelter team shall yearly confirm and describe their availability to the public safety, emergency management and communication divisions.

18.

A permanent exterior wall sign, size two (2) feet by two (2) feet shall be located at the main entrance to identify the building as an emergency storm shelter, and its capacity limits.

19.

A telephone and two-way radio communications shall be provided within the shelter.

20.

A written agreement specifying the use of a trained shelter team and the designated emergency storm shelter should be entered into with the public safety, emergency management and communication divisions.

B.

Development Approvals. All new and expanded developments requiring the provision of an emergency storm shelter shall obtain development approvals and building permits for the shelter before the occupancy of the first unit is authorized.

C.

Certificate of Occupancy. A certificate of occupancy shall be issued for the emergency storm shelter before occupancy of the twenty-sixth (26) unit is authorized. The shelter team shall be formed, trained and operational before a certificate of occupancy is issued for the shelter.

D.

Warning and Disclaimer of Liability. The degree of protection required by this Section is considered minimum for regulatory purposes. This section does not imply that these shelters are completely safe or the safest or best means of protection. This section shall not create liability on the part of Manatee County or by an officer or employee thereof, for any storm related damage or injury that results from reliance on this section or any administrative decision made thereunder.

511.5.   Fallout shelters.

Fallout shelters are permitted as an accessory structure in all districts, subject to the yard and lot coverage regulations of such district, provided that they are not placed in required front yards or within drainage or utility easements. Fallout shelters may contain, or be contained in, other structures or may be constructed separately.

511.6.   Fences and Walls

A.

Generally.  

1.

No fence or wall may be located in a right-of-way or easement. Wood, plastic composition, aluminum, wrought iron or chain link fences may be permitted to run along and across drainage or utility easements provided the property owner signs a notarized hold harmless agreement with the County agreeing to remove or replace the fence at the owner's expense in the event Manatee County or other appropriate agency finds it necessary to utilize the easements. The hold harmless agreement with the County, on a form supplied by the County, shall indemnify the County or other appropriate agency from any liability caused by and to the fence.

2.

Fences for agricultural uses on agricultural zoned property shall be required to comply with the requirements of this section but do not require a building permit.

3.

Fences in the front yard of structures in the Cortez Fishing Village Historical and Archaeological Overlay District are discouraged and must be approved by the Historic Preservation Board. No fence or wall shall be erected or maintained in the front yard of a dwelling in the Whitfield Residential Overlay District.

B.

Materials.  

1.

Fences charged with electricity are permitted only as accessory to an agricultural use.

2.

The use of broken glass, spikes, or similar materials on fences shall be prohibited.

3.

Fences with barbed wire are permitted only in the A and A-1 districts, and in any district when accessory to an agricultural use.

4.

Barbed wire may also be used on security fences in any non-residential district, provided such barbed wire is limited to three (3) strands and is a minimum of six (6) feet above the ground.

5.

Chain link fences with protrusions of sharp points above the top rail shall constitute "barbs" and shall be treated as above.

C.

Maximum Height. Fences, berms or combination of berms and fences and fences erected within the required yard shall be as follows:

Location	Maximum Height
Front yards	4'
All other yards	8'
Where non-residential districts abut residential districts	9'
Whitfield Residential Overlay District	6′

 

D.

Height Exceptions.  

1.

Fences up to eight (8) feet within the front yard may be allowed in the following areas/situations:

a.

Properties located in A, A-1, GC, HC, LM, HM and EX Districts, except within the Cortez Fishing Village Historical Overlay District.

b.

Project perimeter fencing for planned developments, subdivisions, multi-family projects, and mobile home parks/subdivisions.

c.

Parcels within the RSF-1, RSF-2, and RSF-3 and PDR Districts with a minimum of one hundred (100) feet of street frontage, may be allowed one of the following non-chain link/non-wood slat fence options:

i.

A solid fence, setback five (5) feet from the front property line with a landscape buffer between the fence and the front property line. The landscape buffer shall consist of plant materials that conceal a minimum of thirty (30) percent of the fence area, or

ii.

A solid fence with a minimum of four (4) or more recesses that total fifty (50) percent or more of the lineal feet of the fence. The recess shall be setback a minimum of five (5) feet from the front property line and contain plant materials to conceal thirty (30) percent of the recessed fence area, or

iii.

A combination fence. The lower, solid portion shall not exceed forty-eight (48) inches in height above the ground. The upper portion shall be wrought iron or a similar type of material. This material shall not occupy more than twenty (20) percent of the upper portion of the fence, thereby allowing visibility through that upper portion of the fence.

2.

A fence in the front yard of a residence may be increased to a maximum of six (6) feet in height when the front yard is adjacent to a commercial or industrial land use, if the Department Director determines that vehicular site distance and the aesthetic conditions of both neighboring properties and neighboring conditions are not adversely affected. This shall not apply to residential property within the Whitfield Residential Overlay District.

E.

Lighting Fixtures, Ornamental Features. Lighting fixtures, ornamental acroter, cap and cornice may be located on the pilasters or posts at horizontal intervals of not less than six (6) feet between such fixtures and may extend an additional two (2) feet in height.

511.7.   Home Occupations.

Home occupations are permitted in any dwelling unit, subject to the provisions in this subsection:

A.

Permitted Home Occupations. The following home occupations are permitted uses, subject to the requirements of this section.

1.

Artists and sculptors.

2.

Authors and composers.

3.

Dressmakers, seamstresses and tailors.

4.

Daycare homes.

5.

Home crafts, such as model making, rug weaving, lapidary work, and ceramics.

6.

Office facility for a minister, rabbi, priest or other similar person associated with a religious organization.

7.

Office facility for a salesman, sales representative, or manufacturer's representative, provided that no retail or wholesale transactions are made on the premises.

8.

Telephone answering services.

9.

The renting of not more than one room for rooming or boarding for not more than one (1) person (who is not transient).

10.

School of special education for groups not exceeding four (4) pupils at any given time.

11.

Professional architect, engineer, planner, attorney or other professional's office.

12.

Similar uses which do not involve:

a.

retail or wholesale sales transactions on the premises,

b.

any assembly, processing, or fabrication operations,

c.

any services performed for more than two (2) persons on the premises at any one time unless specified different elsewhere,

d.

activities elsewhere prohibited in this Code, or

e.

conditional home occupations as provided below.

B.

Home Occupations Requiring Special Permit. The following home occupations require Special permit approval:

1.

Barber or beauty shops, two (2) chairs maximum.

2.

Dance or music instruction by the occupant of the premises.

3.

Fortune telling, palm reading and similar uses.

4.

Group instruction for no more than ten (10) persons at any one time.

5.

Photographic studios.

6.

Repair service establishments.

7.

Riding or boarding stables, or kennels.

8.

Veterinary clinics.

9.

Small animal specialty farms.

C.

Use Limitations. In addition to the regulations applicable in the zoning district in which it is located, all home occupations shall be subject to the following limitations and requirements:

1.

Location of Premises. A home occupation shall be conducted completely within the dwelling that is the bona fide residence of the principal practitioner or in an accessory building normally associated with a residential use.

2.

Exterior Alterations. No alterations to the exterior appearance of the principal residential building or premises shall be made which changes the character of the premises as a residence.

3.

Outdoor Display or Storage. No outside display of goods or outside storage of equipment or materials used in the home occupation shall be permitted.

4.

Employees. The employment of more than two (2) persons who are not residents of the dwelling, who work at or out of the dwelling, shall be prohibited. This restriction shall not apply to employees who normally do not report to the premises.

5.

Level of Activity. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and shall under no circumstances change the residential character thereof.

6.

Area. No home occupation shall occupy more than twenty-five (25) percent or no more than two hundred (200) square feet of the first floor area of the residence, or two hundred (200) square feet, whichever is less, exclusive of the area of any open porch or attached garage or similar accessory uses.

7.

Traffic, Parking. No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood. Any need for parking generated by the conduct of such home occupation shall be provided on-site. Parking of commercial vehicles is subject to the provisions of the Code Ordinances.

8.

Equipment.

a.

No mechanical or electrical equipment shall be employed other than machinery or equipment customarily found in the home associated with a hobby or vocation not conducted for gain or profit, or machinery or equipment which is essential in the conduct of the home occupation.

b.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the premises. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises.

511.8.   Outdoor Display, Sale and Storage of Merchandise and Equipment.

Outdoor display, service, sales or storage of merchandise, equipment or materials shall be subject to the following standards, regardless of when such use or activities may have commenced:

A.

Visible from a Public Street. The following outdoor display, sales or storage activities, which are visible from a public street, may be permitted in the GC, HC, LM, HM, PDC, PDMU or PDI zoning districts provided that all such display, sale or storage is on the same lot and clearly accessory to the principal use:

1.

The display accessory to motor vehicle sales, manufactured home or recreational vehicle sales, which shall not be limited to the size standard in subsection C, below;

2.

Sales, display, or storage of plant materials, trees, shrubs or other living materials;

3.

Newspaper vending machines;

4.

Sales, display, or storage of concrete, ceramic, or marble statues, fountains, urns, or other such decorative items, when limited to two thousand (2,000) square feet of storage area in total or less. Additional outdoor storage above two thousand (2,000) square feet shall be screened from view on all sides with a solid, opaque fence. The three hundred (300) square foot requirement of subsection C, below shall not apply.

B.

Not Visible from a Public Street.  

1.

Outdoor storage (including compost piles) is permitted on any residential lot, provided such storage is located to the rear of the dwelling, is screened from the view from the first story window of any neighboring dwelling, and the total area for such outside storage does not occupy more than two hundred (200) square feet on any residential lot.

2.

The outdoor storage of vehicles, heavy equipment, manufactured parts, or other similar items, shall be permitted as an accessory use in the HC, LM, HM, PDC, PDI, PDPI, and PDMU Districts, provided that it is screened on all sides with a solid opaque, decorative fence a minimum of six (6) feet in height and landscaping meeting the requirements of Section 701.

C.

Requirements.  

1.

Outdoor storage shall be prohibited in any required yard.

2.

All accessory outdoor display shall be subject to review and approval by the Department Director. Items to be reviewed include parking, circulation, fire separation, sidewalks, driveways and other such requirements.

3.

The area used for outdoor retail display shall be three hundred (300) square feet or less. If the applicant has existing site plan approval, then such plan must be modified to depict the outdoor display.

4.

Regulations for outdoor display sale and storage of merchandise and equipment are contained in Section 531.35 (Outdoor Storage (Principal Use)) and the Code of Ordinances.

511.9.   Pet Shelters.

Pet shelters for common household pets such as dog houses and other similar structures, but not including kennels or small animal specialty farms, are permitted as accessory uses provided they do not exceed one hundred (100) square feet in gross floor area.

511.10.   Portable Classrooms for Schools of Special Education.

Portable classroom facilities, not to exceed three (3) per site, for schools of special education operated by the School Board of Manatee County, associated with public community uses or public use facilities shall be allowed after the submittal of an appropriate joint request by the School Board and the public community use or public use facility describing the nature of the school of special education, the intended number of students to be served, the intended number of faculty members, the hours of operation and parking calculations. Such request shall be reviewed in conjunction with the set-up permit for the portable classroom.

511.11.   Recreational Courts.

Recreational courts shall be allowable as accessory to residential uses subject to the following:

A.

Tennis, basketball or volleyball courts, and other similar private outdoor recreation uses, unlighted, may be located in rear and side yards; however, not closer than five (5) feet to any rear and side lot line.

B.

An unlighted, unenclosed basketball court area (including the pole, net, backboard and goal) may be located in the front yard of a single family or duplex dwelling, on the upper one-third ( 1/3 ) of the driveway which is furthest from the street and nearest the house.

511.12.   Roadside sales of agricultural products.

A.

Stands shall be permitted only where accessory to a general agriculture use (permitted or conditional), and located in the General Agricultural (A) or Suburban Agricultural (A-1) districts. These stands shall be used principally for the sale of agricultural products grown or processed on the same property, and shall not be located within any right-of-way.

B.

Stands shall be required to meet all applicable health and safety requirements, including available potable water and sanitary facilities, Manatee County Building Codes and Florida Administrative Code, Chapter 10D-15.

C.

The requirements of Sections 1005 (off-street parking) and 701 (Landscaping and Screening Standards) shall apply to this subsection. Access must be provided in accordance with the requirements of Chapter 10.

D.

The requirements of Chapter 6 shall apply.

511.13.   Security/Caretakers Residence.

Security/caretakers residences may be allowed in conjunction with a commercial, industrial or agricultural use, within the principal building or in a separate building. Such dwelling may not be used as a rental unit or in addition to another dwelling unit on the same property, and shall meet the following standards.

A.

Only conventional housing types such as site-built or modular homes may be allowed in the CON, A, GC, HC, LM, HM, EX, and all Planned Development Districts, except that a mobile home may be allowed within the CON, GC, HC, LM, HM, EX, and PD districts.

B.

A mobile home may also be used in the A district if the lot contains a minimum of one hundred sixty (160) acres.

C.

When such residence is used for security purposes, it shall be located in such a manner as to facilitate security, but in no instance shall it be located any closer than twenty-five (25) feet from any side or rear property line adjacent to a residential zoning district.

D.

When a mobile home is used for a security/caretaker's residence in the GC, HC or PD district, the mobile home must also meet the design standards found in Section 531.32.C. When the mobile home is located in the A district on a lot of one hundred sixty (160) acres or more in size, or in an industrial district, the residential design standards do not need to be met.

E.

No security/caretaker residence in a non-residential district shall be located within a structure that contains hazardous materials, noxious gases, flammable materials or other such substances, in excess of five hundred (500) gallons. A security/caretaker's residence is not permitted within twenty-five (25) feet of a structure that contains storage or use of hazardous materials, noxious gases, flammable materials or other such substances in excess of five hundred (500) gallons, and in accordance with NFPA standards. If proper fire wall protection is provided within the structure, such residence may be located within that structure.

511.14.   Solid Waste Collection Areas.

Dumpsters shall be located and screened in accordance with Section 701, Landscaping and Screening Standards, and Section 803, Solid Waste.

511.15.   Storage Structures and Sheds.

Storage structures and sheds, excluding garages, provided no such structures, accessory to a single family dwelling or duplex has a total aggregate gross floor area in excess of four hundred (400) square feet.

Sheds one hundred twenty (120) square feet or less and up to eight (8) feet in height, measured from grade to roof ridge, are exempt from the required minimum rear and side setbacks on residential property, except within drainage and utility easements.

For manufactured homes or recreational vehicles, no shed of any size shall be located within five (5) feet of any side or rear lot line, or be within that area ten (10) feet between units, as may be applicable. No manufactured home shall be used for storage of materials, parts, equipment or any other items in any zoning district.

511.16.   Swimming Pools, Spas, and Screen Enclosures.

Swimming pools, bathhouses, and screen enclosures are subject to the following requirements:

A.

All single-family swimming pools (whether above or below grade), portable spas, screen enclosures, and pool decks on grade may be located a minimum of five (5) feet from any lot line or shoreline in the side or rear yard, when measured from the outer periphery of the pool deck. When a portion of the screen enclosure does contain an impervious roof surface (non-screen material), all applicable district building setbacks must be met by that portion. Single-family swimming pools, pool cages, decks or patios, and screen enclosures associated with single-family homes shall not be considered a yard encroachment.

B.

In zero lot line or similar type developments, the smaller of the five (5) foot setback or the district setback shall apply. Whenever the setback is less than five (5) feet, the swimming pool, deck, or screen enclosure shall be screened from the neighboring property by a masonry wall a minimum of six (6) feet in height and a maximum of eight (8) feet in height when measured from the finished floor grade.

C.

Public bathhouses and swimming pools shall meet the district setback requirements for principal buildings.

D.

No swimming pool, spa, deck or screen enclosure shall be located in an easement or drainage swale.

511.17.   Waterfront Structures.

A.

Generally. No waterfront, erosion control structures, or seawalls shall be erected, expanded, or reconstructed except in accordance with the applicable provisions of:

1.

General permit requirements of the U.S. Army Corps of Engineers (COE);

2.

General consent criteria of the Florida Department of Environmental Protection (DEP) requirements; and

3.

Separate permits issued by DEP, COE and the Southwest Florida Water Management District for certain waterfront structures, which must be obtained prior to commencement of development.

B.

Standards. All waterfront structures shall meet the following standards and requirements.

1.

Distance from Channel. Private residential waterfront structures shall not extend waterward of the mean or ordinary high water line more than twenty-five (25) percent of the width of the waterbody. Waterfront structures shall not be placed within an existing channel nor impede navigation. Also, boats shall not be moored in a manner which impedes navigation or encroaches on an existing channel.

2.

Maximum Height of Boathouses and Boat Hoists. Covered boathouses and covered boat hoists shall not exceed a height of twenty (20) feet above mean high water or ten (10) feet above the ground on which they are placed, whichever is higher. Boathouses may have a roof structure, but may not have enclosed walls. Boathouse roofs shall be tied down per the Manatee County Building Code.

3.

Compliance with District Side Yards. Waterfront structures shall not be located closer to any side lot line than twenty-five (25) feet or the minimum side yard requirement of the zoning district applicable on the adjacent shore, whichever is greater. Private residential waterfront structures with Florida Department of Environmental Protection (DEP) approval may be located no closer than the minimum side yard requirement. Side lot lines shall be deemed to extend into the adjacent water body perpendicular to the shoreline which they intersect unless they actually extend into such water body.

4.

Residential Dock Density. The density of multi-family docking facilities and single-family docks on lots created after the effective date of the Comprehensive Plan (May 15, 1989) shall not exceed one (1) boat slip for every one hundred (100) feet of shoreline owned.

C.

Other Requirements.  

1.

All handling of fuel for residential docks shall meet all local, state and federal standards. No hazardous and toxic substances shall be handled or stored at or on any residential waterfront structure.

2.

New boat ramps shall be located away from sites of high manatee concentrations (see Section 705.4).

3.

Eye-catching educational displays at every boat ramp and marina shall be posted to alert boaters to possible presence of manatees and apprise boaters of boating regulations in the area. Signs shall conform to Section 705.4.

4.

No new boat ramps shall be located in areas characterized by significant seagrass flats as indicated in Section 705.4.C.

5.

All basins for marina-type uses must be designated as idle speed zones and access channels designated as slow speed zones. All development within or adjacent to such zones shall be required to post appropriate signage. Such signage may be shared by one or more projects.

6.

Posting and maintenance of government signs at marina-type uses and their access channels shall be provided, funded, and maintained by the affected marina-type use.

7.

No alteration of coastal wetlands shall be allowed except in instances of proposed water-dependent uses, or in cases of overriding public interest, such as natural resources restoration activities, the location of public access facilities for public recreational facilities, deepwater port facilities, or when necessary to avoid the taking of private property. Any alteration may be subject to review by the DEP.

8.

All waterfront structures in the floodways shall comply with the standards contained in the Manatee County Public Works Manual.

9.

Where such uses involve golf courses, tennis courts, swimming pools, marinas or any other conditional or accessory use, such use shall comply with the standards and procedures are set forth in other applicable sections of this Code.

10.

The structure shall not adversely affect or disturb properties listed as eligible for inclusion in the National Register of Historic Places.

D.

Erosion Control Structures.  

1.

Siltation and erosion control measures shall be applied to stabilize banks and other unvegetated areas during and after construction. Sediment settling ponds shall be installed for stormwater runoff prior to the creation of any impervious surfaces.

2.

No permit for an erosion control structure shall be granted unless the structure complies with all applicable federal, state and local laws, is consistent with the purpose and intent of this Section, and the Board finds that the erosion control structure will not be detrimental to the shoreline stability of other property, will not obstruct publicly used channels, and will be structurally stable.

E.

Seawalls. The construction on new seawalls and the repair and reconstruction of existing seawalls is prohibited except as permitted by applicable federal and state regulations. When allowed, seawalls on lots created after the adoption of the Comprehensive Plan [May 15, 1989] will be subject to the following provisions:

1.

Seawalls constructed in artificial waterways shall not extend beyond the platted property lines unless certified approval from the recorded owner of the bottom of the waterway in question is obtained.

2.

Seawalls constructed on tidal waterbodies shall not extend farther waterward than the mean high water line.

3.

All seawalls shall extend at least four (4) feet above mean sea level.

4.

Riprap shall be installed at the toe of seawall pursuant to the conditions in the DEP general consent criteria.