4400 Non-navigable lake access Ordinance No. 2017-4400
An ordinance of the City of Sanford, Florida amending the Land
Development Regulations/Land Development Code of the City of
Sanford, Florida by providing for standards relating to the
development of non-navigable lake access property; providing for
legislative findings and intent; providing for definitions; providing for
implementing administrative actions such as the adoption of rules;
providing for a savings provision; providing for enforcement,
penalties and remedies; providing for implementing administrative
actions; providing for a savings provision; providing for conflicts;
providing for severability; providing for codification as well as the
correction of scrivener's errors and providing for an effective date.
Whereas, Article 11, Section 7(a) of the Constitution of the State of Florida
provides that:
It shall be the policy of the State to conserve and protect its natural
resources and scenic beauty. Adequate provision shall be made by law for
the abatement of air and water pollution and of excessive and
unnecessary noise and for the conservation and protection of natural
resources.
and
Whereas, the City Commission of the City of Sanford understands and
recognizes the importance and significance of navigable lakes' located within the City
and desires to regulate the non-navigable lakes located within the City while recognizing
the complexities involved relating to the use and regulation of riparian rightS2; and
I A waterway is navigable if at the time of statehood in 1845 it was used or was capable of being used as a highway for waterborne trade or travel
conducted by the customary modes of that period.Navigability does not require year-round capacity for navigation,but does require capacity for
navigation in the water body's ordinary state Contemporary capacity for navigation in vessels of the size used for transporting passengers and
goods in the statehood period is substantial evidence of navigability.
I Section 253.141,Florida Statutes,pertains to riparian rights and certain submerged bottoms of water bodies subject to private ownership and
provides as follows:
(1) Riparian rights are those incident to land bordering upon navigable waters.They are rights of ingress,egress,boating,
bathing,and fishing and such others as may be or have been defined by law.Such rights are not of a proprietary nature.
They are rights inuring to the owner of the riparian land but are not owned by him or her.They are appurtenant to and are
inseparable from the riparian land.The land to which the owner holds title must extend to the ordinary high watermark of
the navigable water in order that riparian rights may attach.Conveyance of title to or lease of the riparian land entities the
grantee to the riparian rights running therewith whether or not mentioned in the deed or lease of the upland.
(2) Navigable waters in this state shall not be held to extend to any permanent or transient waters in the form of so-called
lakes, ponds, swamps or overflowed lands, lying over and upon areas which have heretofore been conveyed to private
individuals by the United States or by the state without reservation of public rights in and to said waters.
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Whereas, the City Commission of the City of Sanford, Florida, deems it
necessary to amend the Land Development CodelLand Development Regulations of
the City of Sanford, Florida, relating to the regulation of properties which are proposed
to be developed as lake access properties; and
Whereas, the City Commission of the City of Sanford, Florida, understands
the importance of public lake and waterway access and the enjoyment thereof and a
lake in commons where each user recognizes the lake as a shared resource, but no
one has control or ownership; and
Whereas, the provisions of this Ordinance are consistent with the goals,
objectives and policies of the Comprehensive Plan of the City of Sanford and other
controlling law; and
Whereas, this Ordinance is an exercise of the City of Sanford's powers as a
municipality under the provisions of Article VIII, Section 2 of the Constitution of the State
of Florida; Chapter 163, Florida Statutes; Chapter 166, Florida Statutes, and other
applicable and controlling law such as that referenced herein; and
Whereas, on February 2, 2017, the Planning and Zoning Commission, acting
as the City of Sanford's Local Planning Agency, held an advertised public hearing and
determined that this Ordinance is consistent with the City's Comprehensive Plan and
recommended that the proposed ordinance be forwarded to the City Commission of the
City of Sanford for enactment; and
(3) The submerged lands of any nonmeandered lake shall be deemed subject to private ownership where the Board of
Trustees of the Internal Improvement Trust Fund of Florida conveyed the same more than 50 years ago without any
deductions for water and without any reservation for public use and when taxes have been levied and collected on said
submerged lands since conveyance by the state.
(4) Where private ownership of submerged bottoms outward from the shore has originated in a Spanish or other land
grant approved by the Congress specifically describing an area in which was included navigable water,or by patent out of
the United States prior to the date on which Florida became a state likewise containing a description including navigable
water,or upon a valid conveyance out of the state,the submerged land included in such grant,patent,or conveyance shall
be subject to taxes lawfully imposed.
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Whereas, the City Commission of the City of Sanford, Florida has reviewed
the ordinance that was processed for review and the various recommendations and has
determined to modify the provisions of the proposed ordinance to more accurately
reflect the intent of the City Commission; and
Whereas, the City Commission of the City of Sanford, Florida has taken all
actions in accordance with the requirements and procedures mandated by State law
and complied, in every respect, with the requirements of law.
Now, Therefore, Be It Enacted By The People Of The City Of Sanford,
Florida:
Section 1. Legislative findings and intent. The City Commission of the City
of Sanford finds and determines as follows:
(a). The City staff report and City Commission agenda memorandum relating
to this matter are hereby adopted as if fully set forth herein.
(b). The foregoing recitals (whereas clauses) are hereby adopted as the
legislative findings of the City Commission of the City of Sanford and incorporated into
this Ordinance as if set forth in haec verba.
(c). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
(d). The City Commission desires to encourage the beneficial and lawful
reasonable use of non-navigable lakes located within the City while ensuring that
natural resources are protected and the protection and advancement of the public
health, safety, aesthetics and welfare is honored and occurs and that excessive and
unnecessary noise is prohibited as a public nuisance.
(e). The provisions of this Ordinance shall not be applied in a manner which
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conflicts with the provisions of Section 166.033(4), Florida Statutes, relating to
development permits, which provides that the City " . . . may not require as a condition
of processing or issuing a development permit that an applicant obtain a permit or
approval from any State or Federal agency unless the agency has issued a final agency
action that denies the Federal or State permit before the municipal action on the local
development permit."
Section 2. Non-navigable lake protection and development regulations
(Land Development Code). The Land Development Regulations (Land
Development Code) of the City of Sanford is amended to add the following
provisions:
DEFINITIONS.
(a). The definitions used in the land Development Regulations of the City and
the definitions set forth at Section 327.02, Florida Statutes,3 shall be applicable, when
the context suggests or demands, relative to the implementation of the provisions of this
Ordinance.
(b). Non-navigable lake Access Property means a property, parcel or lot
abutting a non-navigable lake and used or intended to be used, for providing access to
a non-navigable lake by pedestrian or vehicular traffic to and from offshore land
regardless of whether said access to the water is gained by easement, common fee
ownership, lease, license, gift, business invitation or any other form or dedication or
conveyance.
LAND DEVELOPMENT REGULATIONS RELATING TO NON-NAVIGABLE LAKES.
The following regulations apply to any zoning district/classification where a parcel of
3 For example Section 327.02 (43), Florida Statutes, defined the term "vessel' be stating that the term ". is
synonymous with boat as referenced in s. 1(b), Art. VII of the State Constitution and includes every description of
watercraft, barge, and airboat, other than a seaplane on the water, used or capable of being used as a means of
transportation on water."
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land is contiguous to a non-navigable lake, such parcel of land may be used as non-
navigable lake access property or as common open space non-navigable lake access
property held in common by the property owners of a subdivision, an owners
association of whatever type or nature, or any similar entity; or held in common by virtue
of the terms of a plat of record; or provided for common use under deed covenants or
restrictions of record; or easement, park, common-fee ownership, single-fee ownership,
condominium arrangement, license, or lease; or owned by 2 or more dwelling units
located away from the waterfront, but only if the following conditions are met:
(1). A parcel must be a minimum of 7,000 square feet in size and have a minimum of
50 linear feet of lake frontage in such common lake front area, as measured along the
normal high water mark line of the lake and a minimum parcel depth of 140 feet or 165
feet if no public sanitary sewer is available.
(2). A non-navigable lake access parcel shall not be permitted if it consists of a
wetland, swamp, marsh or bog as shown on the most recent United States Geological
Survey Maps or any other Federal or State of Florida data source that is found by the
City to be reasonably relied upon for the purpose of making such a determination nor
shall the parcel be altered by dredging, the addition of earth or fill material or by the
drainage of water frontage to be made non-navigable lake access property; provided,
however, that, this Ordinance shall not be construed or interpreted to conflict with any
Federal or State permitting or regulatory program.
(3). No more than 4 lawfully registered vessels may be stored in any manner on land
or in the water on non-navigable lake access property.
(4). The access and use regulations contained in this Ordinance shall be fully
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applicable to all planned development (PID), open space development community and
plats or developments unless such additional access use is approved as a conditional
use (if authorized in the zoning district involved).
(5). In addition to the above limitations, no easement, private park, common area, lot
or access property abutting or adjoining a non-navigable lake shall be used to permit
access to the lake for more than 2 single-family homes, dwelling units, condominiums,
apartments or any other use unless such additional access use is approved as
conditional use.
Section 3. Implementing administrative actions; user's manual; adoption of
administrative rules.
The City Manager, or designee, shall have the power and authority, and is
encouraged, to adopt a user's manual to assist in the implementation of this Ordinance.
Section 4. Enforcement and penalties.
(a). The provisions of this Ordinance may be enforced by the City utilizing any
legal remedy or code enforcement process available under controlling Florida law. Any
continuing violations of the terms, conditions, regulations, limitations or provisions of this
Ordinance may be enjoined and restrained by an injunctive order of the Circuit Court in
appropriate proceedings instituted for such purposes. The City Attorney is authorized to
file such actions with the concurrence of the City Manager may initiate proceedings for
the purposes of obtaining an injunction, restraining order, or other appropriate civil
proceedings to prevent, enjoin, abate, or remove any violation of this Ordinance.
(b). The penalties for violation of this Ordinance shall be the maximum
authorized penalty under the remedy, process or procedure which the City elects to
pursue.
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(c). A person violating any of the terms, conditions, regulations, limitations or
provisions of this Ordinance shall be subject to penalty. Each day that any violation of
the terms, conditions, regulations limitations or provisions of this Ordinance shall
continue to exist, shall constitute a separate and distinct offense. Any continuing
violations of the terms, conditions, regulations, limitations or provisions of this
Ordinance may be enjoined and restrained by an injunctive order of the Circuit Court in
appropriate proceedings instituted for such purposes upon a consensus of the City
Manager and City Attorney to proceed with regard to such matter.
(d). In addition to any and all remedies set forth in controlling, the cost of
recovery, and the cost of removal shall become a special assessment on the property
upon which is the subject matter of the action.
Section 5. Savings.
The prior actions of the City of Sanford relating to the regulation of non-navigable
lakes and vessels, as well as any and all related matters pertaining thereto, to include,
but not be limited to, environmental and natural resource protection, are hereby ratified
and affirmed.
Section 6. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed. Whenever the requirements or provisions of this Ordinance are in conflict
with the requirements or provisions of any other lawfully adopted ordinance or
statute, the most restrictive requirements shall apply.
Section 7. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined
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to be invalid, unlawful or unconstitutional, said determination shall not be held to
invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word, or portion of this Ordinance not otherwise to be invalid, unlawful, or
unconstitutional.
Section 8. Codification; scrivener's errors.
(a). The provisions of this Ordinance shall be codified; provided, however, that
the provisions of Sections 5, 6, 7, 8 and 9 shall not be codified and the sections of this
Ordinance may be renumbered or relettered -and that the word "Ordinance" may be
changed to "section", "article" or some other appropriate word or phrase to accomplish
codification.
(b). Regardless of whether this Ordinance is ever codified, the division and
provisions of this may be renumbered or relettered.
(c). Typographical errors and other matters of a similar nature that do not
affect the intent of this Ordinance, as determined by the City Clerk and City Attorney,
may be corrected without the need for a public hearing.
Section 9. Effective Date.
This Ordinance shall take effect immediately upon passage and adoption.
Passed and adopted this 24th day of April, 2017.
City Commission of the City of
Sanford, Florida ,
Seminole County, lorida
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Jeff Triplett,
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Attest:
C��- 6A
Cynt is Porter, City Clerk
Approved as to form and legality:
IF
William L. Colbert, Esquire
City Attorney
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Non-navigable lake access property
Illustration purposes only
ORD.2017-4400
WS _ RM X
�Cs 'g Item No.
CITY COMMISSION MEMORANDUM 17.067
APRIL 24, 2017 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Cynthia Porter, City Clerk '
Christopher Smith, Project ager
SUBMITTED BY: Norton N. Bonaparte, Jr., City Mana r
SUBJECT: Non-navigable Lake Protection Ordinanc
STRATEGIC PRIORITIES:
❑ Unify Downtown&the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Ordinance No. 4400, to establish regulation of properties which are proposed to be developed as
lake access properties, is being presented for second reading and adoption.
FISCAL/STAFFING STATEMENT:
No additional staff is anticipated if the non-navigable lake protection regulations are adopted and
implemented.
BACKGROUND:
Seminole County and its surrounding cities, specifically the City of Sanford, enjoy many natural
and diverse environmentally sensitive ecosystems and pristine water bodies. Providing good lake
management plans and appropriate development regulations surrounding these water bodies
ensures good water quality management and will protect this delicate balance for the preservation
and enjoyment of future generations.
Seminole County and the City are home to over 2,000 pristine rivers, water bodies and wetlands
and is Central Florida's most visited natural and unspoiled place, teeming with a bountiful array
of flora and fauna and is part of the 120-mile River of Lakes Heritage Corridor. With more than
30 parks and preserves,this area is a favorite destination for hiking,biking,bird watching,wildlife
study, nature photography and more. Many facilities make it easy to enjoy, including boardwalks
that wind through wetlands and provide a glimpse of fragile ecosystems; pavilions and grills for
picnic and barbeques; rentals for canoes, kayaks, inner tubes and fishing poles; courts for every
sport—even sand volleyball; paved trails and playgrounds. Pets can also enjoy several dog parks
throughout the county and the award winning PawPark in downtown Sanford.
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Providing sensible and appropriate regulations that border or affect these sensitive locations would
only make sense. The most damaging effect upon these water bodies is man-made development
and non-regulated activities that surround them. Another attribute which diminishes the health and
enjoyment of these water bodies is over-burden or excess use.Many manned or operated parks are
often closed during peak use and attendance is regulated just for these purposes, including safety,
water quality and enjoyment. The City is home to some sizable non-navigable water bodies,which
can be enjoyed by many, however, over-use can have dramatic effects including safety and lake
and marina congestion. Although the size of the water body is not the determining factor of
navigability,a waterway is navigable if at the time of statehood in 1845 it was used or was capable
of being used as a highway for waterborne trade or travel conducted by the customary modes of
that period. Navigability does not require year-round capacity for navigation, but does require
capacity for navigation in the water body's ordinary state. Contemporary capacity for navigation
in vessels of the size used for transporting passengers and goods in the statehood period is
substantial evidence of navigability.
This proposed ordinance provides for appropriate regulations of a scenario which has played out
in many communities where a non-bordering development provides legal access for the
development to a water body through an easement or non-conforming lot. Theoretically, this can
impose many more users than the water body can sufficiently support and in some cases an off-
site owner began a jet-ski school on the water body. Often referred to as a "keyhole" access for
backlot owners, many disputes have arisen between the common riparian owners and the
communal access relationship of many off-site owner's use or over-use of the water body. Absent
any substantial"keyhole"regulations, some cities and counties will sometimes find themselves in
a quandary between these owners, usually recusing themselves as a non-participatory party in a
private matter, and in some cases have opted to purchase such properties to end the dispute.
The adoption of this "keyhole" ordinance should go a long way in ensuring the objective of the
common law riparian owners,who are the true stewards of most water bodies,to regulate unlawful
use and intensity that does not unreasonably interfere with another's riparian rights and the
promotion of the public health, safety and general welfare. Unchecked, such uses of lake access
devices by non-riparians tend to increase in intensity over time and can over-burden a water body
quickly. The proposed ordinance would apply to a lot of record on the water body owned by two
or more dwelling units located away from the waterfront with specific conditions for riparian
common use reasonable enjoyment of the water body.
The Planning and Zoning Commission considered the request at the February 2, 2017 regular
meeting and recommended that the City Commission adopt the ordinance as proposed.
At the City Commission Regular Meeting on February 13, 2017, the first reading of Ordinance
No. 4400 was continued to the Regular Meeting of March 13, 2017; and at that meeting it was
again continued to the Regular Meeting of April 10, 2017.
The City Commission approved the first reading of Ordinance No. 4400 on April 10, 2017.
The City Clerk published notice of the public hearing in the Sanford Herald on February 12,2017.
LEGAL.REVIEW:
The City Attorney has reviewed the request and prepared the proposed ordinance.
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RECOMMENDATION:
To protect the promotion of the public health, safety and general welfare of City residents along
non-navigable water bodies, the Planning and Zoning Commission along with City staff,
recommends that the City Commission adopt Ordinance No. 4400 for "keyhole" non-navigable
lake protection.
Additional comments or recommendations may be presented by staff at the meeting.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4400, establishing land development regulations for "keyhole"
non-navigable lake protection."
Attachment: Ordinance No. 4400
Ordinance in Illustration-Non-navigable Lake Protection Ordinance
T:\Development Review\03-Land Development\2017\Lake Access(keyhole)Ordinance\CC Memo-Lake Access.docx
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