Sec. 146-63. - Penalties for violation; resort to other remedies.
Sec. 146-65. - Approval of development plans; issuance of building permits.
This article shall be known as and may be cited as the "Public Beach Access Ordinance."
(Ord. No. 76-20, § 1)
The following words, terms and phrases, when used in this article, shall have the meanings as-cribed to them in this section, except where the context clearly indicates a different meaning:
Blocked public access means the development of land with structures and/or improvements or any other barrier which denies public access to public beaches at intervals of 2,640 feet as prescribed in this article.
Blocked support facilities means the development of land with structures and/or improvements or any other barrier which denies the public of the required support facilities which are necessary for the use and enjoyment of the public beaches.
Contiguous land means any land abutting land conveyed to the county as required in this article or any land which is located within one-half mile (2,640 feet) of the land conveyed to the county as permitted in subsection 146-65(g).
Intervening land means any land which is located between a public beach and a landward point of public access through which land an existing or potential public access passes.
Public access means existing access to a public beach from any road, street, easement, or any other way which the public has a right to use.
Public access, potential, means any access to a public beach which is not existent at the time of passage of this article but which is required under section 146-65 and designated on Exhibit 1 to Ordinance No. 76-20.
Public beach means any water area along the Gulf of Mexico along with its upland lands which have been dedicated to the public or in which the public has a right to their use by easement, prescriptive right, customary use, state or federal ownership, or as a result of any other act, law or instrument through which the public has a prescribed or implied right to their use.
Support facilities means but not be limited to shelters, toilets, off-street parking or any other required facility which is complementary to the public access and which is necessary for the use and enjoyment of the public beach it serves.
(Ord. No. 76-20, § 3)
Cross reference— Definitions generally, § 1-2.
Sec. 146-63. - Penalties for violation; resort to other remedies.
Violation of the provisions of this article or failure to comply with any of its requirements shall constitute a misdemeanor. Any person who violates this article or fails to comply with any of its requirements shall upon conviction thereof be fined, or imprisoned, or both, as provided by law. Each day such violation continues shall be considered a separate offense. Any other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the county from taking such other lawful action, including, but not limited to, resort to equitable action as is necessary to prevent or remedy any violation.
(Ord. No. 76-20, § 5)
State law reference— Penalty for ordinance violations, F.S. § 125.69.
In order to maintain peace and order, provide for emergency ingress and egress, and provide the public with access to the use, enjoyment and appreciation of the natural resource amenities of the beaches of the county, and to develop and use the beach resources to the greatest benefit of the health and welfare of the citizens of the county, it is hereby declared to be the legislative intent of this article to provide a means and procedure for insuring that adequate public access is provided and maintained, that access is maintained in such a manner as to preserve or enhance existing natural features. It is further the intent of the board of county commissioners to provide and implement funds and funding programs to insure the development, maintenance and upkeep of areas acquired pursuant to this article. The preface and provisions of this article, being remedial of nature, are to be liberally construed to effectuate its purpose in the interest of the public health, safety and welfare of the citizens of the county and the state.
(Ord. No. 76-20, § 2)
Sec. 146-65. - Approval of development plans; issuance of building permits.
(a)
Required compliance. Prior to the granting of the final approval for a subdivision, planned unit development (PUD), or the issuance of a building permit for any lands which are adjacent to or contiguous with public beaches and which lands have the potential of blocking public access and/or potential public access and support facilities, the subdivider or applicant, as owner or agent of subject property, shall arrange with the county to provide land for public access and support facilities as determined and required in this article.
(b)
Physical requirements of public access.
(1)
Maximum separation. The maximum separation from one point of public access to the next point of public access shall not be greater than one-half mile (2,640 feet).
(2)
Minimum width. The minimum width of any public access shall be 100 feet.
(3)
Minimum yard requirements. The minimum depth of yards which abut an existing or potential public access shall be the same distance as required in the zoning district regulations, depending on whether such yard is a front, side, rear or corner lot.
(c)
Method of providing land for public access and support facilities. Land for public access and support facilities may be provided by deed, public easement, dedication or any other method which guarantees such public access in perpetuity and approved by the county.
(d)
Procedure upon failure to convey lands. In the event the owner of lands required for public access and support facilities as required by this article refuses to convey them to the county, and it becomes necessary to condemn said lands, no county permit shall be issued for the improvement or development of the subject land until the later of the conclusion, including expiration of all appeal and/or re-hearing periods, of said condemnation proceedings, or the conveyance or transfer of said lands to the county pursuant to negotiations for lease, purchase or dedication.
(e)
Location of each public access and support facility. The location of each public access and support facility will be predicated on the growth needs as well as the location and utilization of all existing points of public access and support facilities in a manner which will not duplicate or conflict with an existing public access and support facility while permitting a comprehensive coverage of the county with adequately located public access to the public beaches.
(f)
Adoption of public access comprehensive map. In order to establish a comprehensive plan for the eventual acquisition or development of adequate public access and support facilities, the board of county commissioners hereby adopts Exhibit 1, sheets 1 through 22 and Exhibit 2, pages 1 and 2 as part of this article. The location, acquisition and development of all public access and support facilities shall be guided by Exhibit 1 and Exhibit 2, and the only deviation from said exhibits shall be as provided in this section.
(g)
Waiver from requirements of this article.
(1)
Even though the board of county commissioners have determined that public access and support facilities shall be provided at maximum intervals of one-half mile (2,640 feet) as indicated in Exhibit 1 and Exhibit 2, such distance may be shortened or lengthened by the board of county commissioners in order to take into account the availability of suitable land for such need, the physical geography of the land, the location of waters, roads, railroads, or other barrier features which may require the extension or contraction of the distance between points of public access, the representation relative to beach access on Exhibit 1, pages 1 through 22, notwithstanding.
(2)
In the event that more than one public access and support facility is required of any one developer or owner, the board of county commissioners is hereby empowered to waive the one-half mile (2,640 feet) maximum distance requirement of said public access and facility and require in lieu thereof that such public access and support facilities be provided in the aggregate in a specified location rather than in separate locations as required in this article.
(3)
In order to carry out the intent and objectives of this article, the board of county commissioners are hereby empowered to waive the requirements of this article to the extent that the literal enforcement of this article will create an unduly severe hardship on the applicant for a final approval of a subdivision plat, PUD, or building permit to the extent that the intent and objectives of this article will be fulfilled.
(h)
Transfer of development rights. Where the developer has voluntarily conveyed beach access lands to the county, the board of county commissioners may authorize the transfer of development rights for lands which are conveyed to the county for public access and support facilities to lands contiguous to lands so conveyed. Said transfer may be made on the basis of whichever of the following three options, as expressed by the following formulae, permits the greater number of dwelling units:
(1)
The number of dwelling units which may be transferred equals the number of dwelling units per acre on contiguous land under the existing zoning classification, divided by the number of acres conveyed.
(2)
The number of dwelling units which may be transferred equals the number of dwelling units per acre as established by the official land use guide, divided by the number of acres conveyed.
Note. Where the number of dwelling units which may be transferred equals a fractional number, if the fraction equals more than five-tenths, the number of dwelling units to be transferred will be increased to the next higher whole number. If number of dwelling units which may be transferred equals five-tenths or less, the number of dwelling units which may be transferred will be decreased to the next lower whole number.
(3)
A transfer of one dwelling unit per acre or portion of an acre conveyed.
Notwithstanding the above, the board of county commissioners shall have the authority to authorize the transfer of a lesser number of development rights, where it finds that the transfer of a greater number would be contrary to the public interest.
(Ord. No. 76-20, § 4)
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