Napa County Municipal Code Ch. 12.20 Houseboat Marinas

The purpose of this chapter is to provide for and promote the public health, safety, comfort, convenience and welfare of marina residents and the community by establishing certain rules, regulations and standards relative to the location, development and construction of houseboat marinas within the unincorporated portions of the county.

(Ord. 847 § 1 (part), 1987: prior code § 5950)

For the purposes of this chapter, the following words and phrases are defined and shall be construed as hereinafter set out, unless it shall be apparent from the context that a different meaning is indicated:

"Director" means the director of the department of planning, building and environmental services of the county.

"Harbormaster" means the person designated by the marina owner to control and be responsible for the operation of the marina.

"Houseboat" means any vessel, boat, watercraft or structure on or in any waterway, floating or nonfloating, which is designed or fitted out as a place of habitation and is not principally used for transportation.

"Houseboat marina" (hereinafter called "marina") means a facility that contains one or more berthing spaces for houseboats.

"Moor" means the fixing of a vessel in one location, temporarily or permanently, by mooring, anchoring, grounding, or any other means.

"Person" means and includes any person, firm, association, corporation or any members, agents or employees of any of the foregoing.

"Transient vessel" means any vessel moored in the county which is occupied for less than four consecutive days or ten days in any month.

"Vessel" means a watercraft of any type or size, including but not limited to barges, ferryboats, arks, yachts, houseboats and rafts.

(Ord. 910 § 11, 1989; Ord. 847 § 1 (part), 1987: prior code § 5951)

(Ord. No. 1379, § 52, 1-29-2013)

The provisions of this chapter shall apply to all marinas wholly or partially located within the unincorporated area of the county. Each marina owner shall designate a harbormaster, report his name and address to the director, and notify the director of any change of the designated harbormaster. Marinas shall be established only where allowed by applicable zoning. Marinas which accommodate only transient vessels are exempt from this chapter.

(Ord. 847 § 1 (part), 1987: prior code § 5952)

All houseboats which are not transient vessels, moored within the unincorporated portion of the county, shall be registered with the department of planning, building and environmental services.

(Ord. 847 § 1 (part), 1987: prior code § 5953)

(Ord. No. 1379, § 53, 1-29-2013)

It is unlawful for any person to operate a marina or let berths for moorage of nontransient vessels without first securing a valid permit as hereinafter provided.

A. Form of Application—Fee. All applications for marina permits shall be in writing on a form supplied by the county department of planning, building and environmental services, and shall be accompanied by that fee established by resolution of the board of supervisors.

B. Contents of Application. All applications shall, as nearly as is possible, contain the following information:

1. The size and location and boundaries of the marina for which the permit is sought;

2. The number of vessels to be accommodated therein;

3. All provision that has been made for disposal of sewage by connection to an approved shoreside sewage disposal system;

4. All provision that has been made for connection of shoreside utilities;

5. Certification that all applicable zoning provisions will be observed;

6. Plans for all improvements;

7. Such other information as the director may deem necessary to effectuate the provisions of this chapter.

C. Issuance of Permit. If the director, after investigation, determines that suitable provision has been made for the disposal of sewage and connection of shoreside utilities, and that operation of the marina for which the permit is requested will not create a hazard to the health, welfare and safety of the occupants of the vessels moored thereat or the community in general, he shall issue the permit. All permits may be made subject to such conditions as the director deems appropriate to insure compliance with the provisions of this chapter.

D. Posting. Permits shall be permanently posted, displayed and maintained at a conspicuous location in the marina.

E. Term and Renewal. All permits issued under this chapter shall be effective for a period of one year; provided, however, that any material change without prior approval from the director shall revoke the permit. Permits may be renewed by resubmission of an appropriate application which is accompanied by that fee established by resolution of the board of supervisors.

F. Revocation. If the director determines that a permittee is acting in contravention of any of the provisions hereof, he shall notify the permittee, in writing, of the specific provisions involved and the requirements for correction. If the permittee fails to effect compliance within the time specified in the notice, the director may revoke the permit.

(Ord. 906 § 13 (part), 1989; Ord. 847 § 1 (part), 1987: prior code § 5954 (a)—(f))

(Ord. No. 1379, § 54, 1-29-2013)

Any appeal from a decision of the director to grant a permit, revoke a permit, or impose any conditions relating to a permit, shall be conducted in accordance with Chapter 2.88 of this Code.

(Ord. 847 § 1 (part), 1987: prior code § 5954 (g))

(Ord. No. 1465, § 19, 12-15-2020)

All marinas presently operating shall apply for a permit within one month of the effective date of the ordinance codified in this chapter; provided, however, that the applicants who file within the requisite period shall be entitled to a period of one year from the date of application to comply with all of the provisions of this chapter. The director shall have the authority to grant extensions for compliance period of certain existing marina improvements that in their present form do not comply with the provisions of this chapter, but are not considered to be immediate hazards.

(Ord. 847 § 1 (part), 1987: prior code § 5955)

The number of houseboats allowed to be occupied at a marina shall not exceed ten percent of all vessels moored at the marina.

(Ord. 847 § 1 (part), 1987: prior code § 5956)

The harbormaster shall assure the adequacy of facilities for mooring vessels at a marina. Vessels shall be moored to provide a clear waterway projection between adjacent boats or houseboats of ten feet on all sides. Clearance of fifteen feet shall be maintained when either houseboat is in excess of one story. The above clearances do not apply between the vessel and the walkway or slip. Berthing areas shall be dredged to +1.5 feet mean lower low water datum and to such a depth that all houseboats are floating at a tidal stage of +5.0 mean lower low water datum. Vessels shall be moored so as to allow landward vessels unlimited access.

(Ord. 847 § 1 (part), 1987: prior code § 5957)

A. All slips or walkways providing access for more than two berthing spaces shall have a clear width of four feet. Main walkways from slips to the shore shall be five and one-half feet clear width. Any walkway or slip that extends over one hundred feet shall be considered a main walkway. All gangways serving more than one residence shall be provided with guardrails on each side and have a clear width of four feet. All nonfloating walkways or piers shall be equipped with guardrails.

B. All gangways and walkways shall comply with the following requirements:

1. Gangway design live load shall not be less than forty pounds per square foot.

2. Guardrails must withstand a fifty-pound lateral load per linear foot of rail.

3. Floating walkways shall serve no more than four houseboats and shall have sufficient buoyancy to support a twenty-pound-per-square-foot uniform live load, plus the dead load of the structure.

4. Framing shall be at least two inches nominal thickness if constructed of wood. If the entire structure is of plywood, it shall be at least three-fourths-inch thickness, marine grade, except for the portions above water, which may be exterior grades.

5. All floats or walkways shall have an identification number at berthing spaces. Identification numbers shall have standard four-inch-high numbers, and be kept legible at all times.

6. Piling for floating equipment shall be adequate to resist lateral forces produced by any combination of wind, current, wave and impact.

7. All walkways shall be lighted.

(Ord. 847 § 1 (part), 1987: prior code § 5958)

A marina shall provide two parking spaces for each moored houseboat. The parking area shall be paved, and parking stalls shall be clearly marked. The parking area shall be illuminated.

(Ord. 847 § 1 (part), 1987: prior code § 5959)

A marina shall install sufficient on-shore restroom and shower facilities to service houseboat occupants and guests. Separate restroom and shower facilities shall be provided for men and women. One toilet, one lavatory and one shower for each sex shall be deemed sufficient for each fifteen houseboats berthed at the marina. However, a minimum of two toilets shall be provided for each sex.

(Ord. 847 § 1 (part), 1987: prior code § 5960)

A system for the collection and removal of solid wastes, approved by the director, shall be provided at each marina. It shall be the responsibility of the harbormaster to insure compliance and operation of the system.

(Ord. 847 § 1 (part), 1987: prior code § 5965)

A marina shall have shore-side facilities for removing waste from holding tanks. Shore-side facilities shall include equipment to pump or otherwise receive and transfer contents of vessel holding tanks into a sewage disposal system approved by the local authority having jurisdiction, and such system shall meet waste discharge requirements established by the appropriate regional water quality control board.

(Ord. 847 § 1 (part), 1987: prior code § 5961)

A. The plumbing of water, sewage and gas for berths serving houseboats shall comply with Chapter 15.20 of this code, except as follows:

1. Water Distribution. Each space for a houseboat shall be supplied with a water outlet which, by means of approved connecting hoses, provides sufficient pressure and contains an approved backflow prevention device.

2. Fuel Gas Piping. If houseboat berths are provided with gas outlets, they shall be equipped with valve and approved disconnect couplings.

B. All gas piping installed on dock, piers or other areas exposed to corrosion shall be protected by approved wrapping, or be galvanized and painted.

(Ord. 847 § 1 (part), 1987: prior code § 5962)

The installation of wiring and equipment in marinas providing berthing space for houseboats shall comply with the provisions of Chapter 15.28 of this code.

(Ord. 847 § 1 (part), 1987: prior code § 5963)

A marina shall provide fire protection facilities in compliance with the provisions of the Uniform Fire Code, Appendix II-C, relating to marinas.

(Ord. 847 § 1 (part), 1987: prior code § 5964)

Any marina maintained in violation of the provisions of this chapter shall be deemed to be a public nuisance and may be abated as provided by law.

(Ord. 847 § 1 (part), 1987: prior code § 5966)

Any person violating any of the provisions of this chapter shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of the provisions of this chapter is committed, continued or permitted, and upon conviction of any such violation, such person shall be punished.

(Ord. 847 § 1 (part), 1987: prior code § 5967)