Sec. 22-286. - Title.

The provisions contained in this article shall constitute the coastal construction code for construction within the coastal building zone and coastal barrier islands in the county, and shall be referred to as the "Collier County Coastal Zone Protection Ordinance."

(Ord. No. 87-20, § 1)

Sec. 22-287. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Beach means the zone of unconsolidated material that extends landward from the mean low-water line to the place where there is marked change in material or physiographic form, or to the line of permanent vegetation, usually the effective limit of storm waves. "Beach" is alternatively termed "shore."

Breakaway wall or frangible wall means a partition independent of supporting structural members that will withstand design wind forces, but which will fail under hydrodynamic, wave and runup forces associated with the design storm surge. Under such conditions, the wall shall fail in a manner such that it breaks up into components which minimize the potential for damage to life or adjacent property. It shall be a characteristic of a breakaway or frangible wall that it shall have a horizontal design loading resistance of no less than ten nor more than 20 pounds per square foot.

Building support structure means any structure which supports floor, wall or column loads, and transmits them to the foundation. The term shall include beams, grade beams or joists, and includes the lowest horizontal structural member exclusive of piles, columns or footings.

Coastal barrier islands means geological surface features above mean high water which are completely surrounded by marine waters, that front upon the open waters of the Gulf of Mexico and are composed of quartz sands, clays, limestone, oolites, rock, coral, coquina, sediment, or other material, including spoil disposal. Mainland areas which are separated from the mainland by artificial channelization for the purpose of assisting marine commerce shall not be considered coastal barrier islands. For purposes of this article, the term coastal barrier island includes, but is not limited to, the following:

(1)

Barefoot Beach/Little Hickory Island.

(2)

Keewaydin Island.

(3)

Cannon Island.

(4)

Marco Island.

(5)

Kice Island.

(6)

Cape Romano Island.

(7)

Helen Key.

(8)

The Ten Thousand Islands, including, but not limited to, Coon Key, Tripod Key, Hog Key, Panther Key, Round Key, Neal Key, and Ramsey Key.

Coastal building zone means:

(1)

For mainland areas which front directly upon the open waters of the Gulf of Mexico, the land area between the seasonal high-water line and a line 1,500 feet landward from the coastal construction control line.

(2)

For mainland areas where a coastal construction control line has not been established, the coastal building zone shall be the land area seaward of the most landward velocity zone (V-zone) boundary line established by Federal Emergency Management Agency and shown on the flood insurance rate maps.

(3)

For coastal barrier islands, the land area between the seasonal high-water line and a line 5,000 feet landward from the coastal construction control line or the entire island, whichever is less.

(4)

For coastal barrier islands on which no coastal construction control line has been established, the land area seaward of the most landward velocity zone (V-zone) boundary line established by the Federal Emergency Management Agency and shown on the flood insurance rate maps.

Coastal construction control line means the landward extent of that portion of the beach-dune system which is subject to severe fluctuations based upon a 100-year storm surge, storm waves, or other predictable weather conditions as established by the department of natural resources in accordance with F.S. § 161.053.

Coastal or shore protection structure means shore-hardening structures, such as seawalls, bulkheads, revetments, rubble mound structures, groins, breakwaters and aggregates of materials other than beach sand used for shoreline protection; beach and dune restoration; and other structures which are intended to prevent erosion or protect other structures from wave and hydrodynamic forces.

Column action means the potential elastic instability in piles or columns resulting in axial or lateral bending of the member due to compressive stress.

Construction means the building of or substantial improvement to any structure or the clearing, filling or excavation of any land. It shall also mean any alterations in the size or use of any existing structure or the appearance of any land. When appropriate to the context, "construction" refers to the act of construction or the result of construction.

Dune means a mound or ridge of loose sediments, usually sand-sized, deposited by natural or artificial means, which lies landward of the beach.

FEMA Flood Insurance Rate Map "V" (velocity) zone means the area where high-energy dynamic wave action occurs and is shown as the "V" or velocity zone in the flood insurance rate maps prepared and forwarded to the county by the Federal Emergency Management Agency.

Major structure includes but is not limited to residential buildings, including mobile homes, commercial, institutional, industrial and other construction having the potential for substantial impact on coastal zones.

Mean high-water line means the intersection of the tidal plane of mean high water with the shore. Mean high water is the average height of high waters over a 19-year period.

Minor structure includes but is not limited to pile-supported, elevated dune and beach walkover structures; beach access ramps and walkways; stairways; pile-supported elevated viewing platforms, gazebos and boardwalks; lifeguard support stands; sidewalks, driveways, parking areas, shuffleboard courts, tennis courts, handball courts, racquetball courts and other uncovered paved areas; earth retaining walls; sand fences, privacy fences, ornamental walls, ornamental garden structures, aviaries, and other ornamental construction. It shall be a characteristic of minor structures that they are considered to be expendable under design wind, wave and storm forces.

Mobile home means manufactured housing which conforms to the Federal Manufactured Housing Construction and Safety Standards or the Uniform Standards Code ANSI A-119.1 pursuant to F.S. § 320.823.

Nonhabitable major structure includes but is not limited to swimming pools; parking garages; pipelines; piers; canals, lakes, ditches, drainage structures, and other water retention structures; water and sewage treatment plants; electrical power plants, transmission and distribution lines, transformer pads, vaults, and substations; roads, bridges, streets, and highways; and underground storage tanks.

NGVD means National Geodetic Vertical Datum, a geodetic datum established by the National Ocean Service and frequently referred to as the 1929 Mean Sea Level Datum.

100-year storm means a shore incident hurricane or any other storm with accompanying wind, wave and storm surge intensity having a one percent chance of being equaled or exceeded in any given year, during any 100-year interval.

Seasonal high-water line means the line formed by the intersection of the rising shore and the elevation of 150 percent of the local mean tidal range above mean high water.

State minimum building code means the building code adopted by the county pursuant to the requirements of F.S. § 553.73.

Substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds cumulative total of 50 percent of the market value of the structure either:

(1)

Before the repair or improvement is started; or

(2)

If the structure has been damaged and is being restored, before the damage occurred.

For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or any alteration of a structure listed on the National Register of Historic Places or the state inventory of historic places.

(Ord. No. 87-20, § 6)

Cross reference— Definitions generally, § 1-2.

State law reference— Definitions for state requirements, F.S. § 161.54.

Sec. 22-288. - Civil enforcement.

In addition to any criminal penalties which may be sought or imposed pursuant to this article, the county shall have recourse to such remedies in law and equity as may be necessary to ensure compliance with the provisions of this article, including, but not limited to, injunctive relief to enjoin and restrain any person from violating this article.

(Ord. No. 87-20, § 11)

Sec. 22-289. - Findings of fact.

The board of county commissioners hereby makes the following findings of fact which support the establishment of a coastal building zone and the imposition of construction standards relating thereto:

(1)

Coastal areas play an important role in protecting the ecology and the public health, safety and welfare of the citizens of the county, but in recent years the county's coastal areas have been subjected to increasing growth pressures; and unless these pressures are controlled, the very features which make coastal areas economically, aesthetically and ecologically rich will be destroyed.

(2)

Coastal areas form the first line of defense for the mainland against both winter storms and hurricanes in that the dunes of coastal areas perform protective functions for public and private property, but placement of permanent structures in these protective areas may lead to increased risks to life and property and increased costs to the public. Coastal areas often protect lagoons, salt marshes, estuaries, bays, marine habitats and the mainland from the direct action of ocean waves or storm surges; absorb the forces of oceanic activity; protect calmer waters and stable shores; and are dynamic geologic systems with topography that is subject to alteration by waves, storm surges, flooding or littoral currents.

(3)

Coastal areas are one of the county's most valuable resources and have extremely high recreational and aesthetic value which should be preserved and enhanced. Coastal areas provide a unique habitat for birds, wildlife, marine life, and plant life and protect waters that are vital to the food chain.

(4)

It is anticipated that there will be a tremendous cost to the county and state for postdisaster redevelopment in the coastal areas, but the costs can be reduced by preventive measures which should be taken on a continuing basis in order to reduce the harmful and costly consequences of natural and manmade disasters or emergencies.

(Ord. No. 87-20, § 2)

Sec. 22-290. - Purpose and legislative intent.

The purpose of this article is to provide minimum standards for the design and construction of buildings and structures to reduce the harmful effects of hurricanes and other severe storms occurring along the coastal area of the county which fronts on the Gulf of Mexico. These standards are intended to specifically address design features which affect the structural stability of the beach, dunes and topography of adjacent properties. It is therefore the intent of this article that the coastal building zone, beach and coastal barrier islands be managed through the imposition of strict construction standards in order to minimize damage to the natural environment, private property and life.

(Ord. No. 87-20, § 3)

Sec. 22-291. - Notice as to conflicting ordinance provisions.

This article is not intended to encompass all building regulations to which a person may be subject during or prior to construction. Some provisions of this article may be duplicative or may conflict with other county ordinances, including but not limited to the county flood prevention ordinance (chapter 62, article II of this Code). This article is not intended and shall not be construed to exempt any person from the requirements of the flood prevention ordinance or other applicable ordinances. Where requirements conflict, the more restrictive requirement shall apply. No provisions in this article shall be construed to permit any construction in any area prohibited by city, county, state or federal regulation.

(Ord. No. 87-20, § 4)

Sec. 22-292. - Scope and applicability.

(a)

Applicability. The requirements of this article shall apply to the following types of construction in the coastal building zone and on coastal barrier islands in the county:

(1)

The new construction of, or substantial improvement to major structures, nonhabitable major structures, and minor structures.

(2)

Construction which would change or otherwise have the potential for substantial impact on coastal zones (i.e., excavation, grading, paving, etc.).

(3)

Construction located partially within the coastal building zone.

(4)

Reconstruction, redevelopment or repair of a damaged structure from any cause which meets the definition of substantial improvement.

(b)

Exceptions. The requirements of the coastal code shall not apply to the following:

(1)

Minor work in the nature of normal beach cleaning and debris removal.

(2)

Structures in existence prior to the effective date of the ordinance from which this article was derived, except for substantial improvements.

(3)

Construction for which a valid and unexpired building permit was issued prior to the effective date of the ordinance from which this article was derived.

(4)

Construction extending seaward of the seasonal high-water line which is regulated by the provisions of F.S. § 161.041 (i.e., groins, jetties, moles, breakwaters, seawalls, piers, revetments, beach nourishment, inlet dredging, etc.).

(5)

Construction of nonhabitable major structures, except for the requirements of section 22-295(c).

(6)

Construction of minor structures, except for the requirements of section 22-295(d).

(7)

Structures listed in the National Register of Historic Places or the state inventory of historic places.

(8)

Construction for improvement of a major structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions.

(Ord. No. 87-20, § 5)

Sec. 22-293. - Appeal.

(a)

An owner of a building or structure, or his duly authorized agent, may appeal a decision of the building code compliance director, in accordance with the provisions of this section, where it is alleged that:

(1)

The building code compliance director has refused to approve the mode or manner of construction proposed to be followed or materials to be used in the erection or alteration of that building or structure;

(2)

It is alleged that the provisions of this article do not apply to the structure, in part or in whole;

(3)

It is alleged that an equally good or more desirable form of construction can be employed in a specific case to comply with the provisions of this article; or

(4)

It is alleged that the true intent and meaning of this article or any of the provisions thereunder have been misconstrued or wrongly interpreted or applied by the building code compliance director.

(b)

An appeal as provided hereunder shall be made to the board of adjustments and appeals and shall comply with all procedures and requirements as established for the board of adjustments and appeals.

(Ord. No. 87-20, § 12)

Sec. 22-294. - Application for permits; certification by architect or engineer.

Applications for building permits for all construction in the coastal building zone shall be certified by an architect or professional engineer registered in the state. Such certification shall state that the design plans and specifications for the construction are in compliance with the requirements and criteria established by this article.

(Ord. No. 87-20, § 7)

Sec. 22-295. - Coastal construction requirements.

(a)

General. Construction within the coastal building zone and on coastal barrier islands shall meet the requirements of this article. All structures shall be designed so as to minimize damage to life, property and the natural environment. Assistance in determining the design parameters to minimize such damage may be found in the following reference documents:

(1)

Shore Protection Manual, U.S. Army Corps of Engineers, 4th edition, 1984.

(2)

U.S. Department of the Army, Coastal Engineering Research Center's Technical Papers and Reports.

(3)

Florida Department of Natural Resources, Division of Beaches and Shores Technical and Design Memoranda.

(4)

Naval Facilities Engineering Command Design Manual, NAVFAC DM-26, U.S. Department of the Navy.

(5)

Coastal Construction Manual, Federal Emergency Management Agency, February, 1986.

(b)

Structural requirements for major structures:

(1)

Design and construction. Major structures, except for mobile homes, shall be designed and constructed in accordance with section 1205 of the 1986 revisions to the 1985 Standard Building Code using a fastest-mile wind velocity of 110 miles per hour. Major structures, except mobile homes, shall also comply with the applicable standards for construction found elsewhere in the building code.

(2)

Mobile homes. Mobile homes shall conform to the Federal Mobile Home Construction and Safety Standards or the Uniform Standards Code ANSI A119.1, pursuant to F.S. § 320.823, as well as the requirements of subsection (3) of this subsection.

(3)

Elevation, floodproofing and siting. All major structures shall be designed, constructed and located in compliance with the National Flood Insurance Regulations as found in 44 CFR parts 59 and 60 or chapter 62, article II of this Code, whichever is more restrictive.

(4)

Velocity pressure. Major structures, except mobile homes, shall be designed in accordance with the requirement of section 1205 of the 1986 revisions to the 1985 Standard Building Code using a minimum fastest-mile wind velocity of 110 miles per hour.

(5)

Foundations. The elevation of the soil surface to be used in the design of foundations, calculation of pile reactions and bearing capacities shall not be greater than that which would result from the erosion reasonably anticipated as a result of design storm conditions. Foundation design and construction of a major structure shall consider all anticipated loads acting simultaneously with live and dead loads. Erosion computations for foundation design shall account for all vertical and lateral erosion and scour-producing forces, including localized scour due to the presence of structural components. Foundation design and construction shall provide for adequate bearing capacity taking into consideration the type of soil present and the anticipated loss of soil above the design grade as a result of localized scour. Erosion computations are not required landward of coastal construction control lines established or updated since June 30, 1980. Upon request the department of natural resources may provide information as to those areas within coastal building zones where erosion and scour of a 100-year storm event is applicable.

(6)

Wave forces. Calculations for wave forces resulting from design storm conditions on building foundations and superstructures may be based upon the minimum criteria and methods prescribed in the Naval Facilities Engineering Command Design Manual, NAVFAC DM-26, U.S. Department of Navy; Shore Protection Manual, U.S. Department of the Army Corps of Engineers; U.S. Department of the Army Coastal Engineering Research Center Technical Papers and Reports; the Technical and Design Memoranda of the Division of Beaches and Shores, Florida Department of Natural Resources; or other professionally recognized methodologies which produce equivalent design criteria.

Breaking, broken and nonbreaking waves shall be considered as applicable. Design wave loading analysis shall consider vertical uplift pressures and all lateral pressures to include impact as well as dynamic loading and the harmonic intensification resulting from repetitive waves.

(7)

Hydrostatic loads. Calculations for hydrostatic loads shall consider the maximum water pressure resulting from a fully peaked, breaking wave superimposed upon the design storm surge with dynamic wave setup. Both free and hydrostatic loads shall be considered. Hydrostatic loads which are confined shall be determined by using the maximum elevation to which the confined water would freely rise if unconfined. Vertical hydrostatic loads shall be considered both upward and downward on horizontal or inclined surfaces of major structures (i.e., floors, slabs, roofs, walls). Lateral hydrostatic loads shall be considered as forces acting horizontally above and below grade on vertical or inclined surfaces. Hydrostatic loads on irregular or curved geometric surfaces shall be determined by considering the separate vertical and horizontal components acting simultaneously under the distribution of the hydrostatic pressures.

(8)

Hydrodynamic loads. Hydrodynamic loads shall consider the maximum water pressures resulting from the motion of the water mass associated with the design storm. Full-intensity loading shall be applied on all structural surfaces above the design grade which would affect the flow velocities.

(c)

Structural requirements for nonhabitable major structures. Nonhabitable major structures must meet the specific requirements of subsection (b) of this section, and shall be designed to produce the minimum adverse impact on the beach and dune system and shall comply with the applicable standards of construction found in chapter 62, article II of this Code. All sewage treatment and public water supply systems shall be floodproofed to prevent infiltration of surface water anticipated under design storm conditions. Underground utilities, excluding pad transformers and vaults, shall be floodproofed to prevent infiltration of surface water expected under design storm conditions or shall otherwise be designed to function when submerged under such storm conditions.

(d)

Structural requirements for minor structures. Minor structures need not meet the specific structural requirements of subsection (b) of this section, except that they shall be designed to produce the minimum adverse impact on the beach and dune system and shall comply with the applicable standards of construction found in chapter 62, article II of this Code.

(e)

Location of construction. Construction, except for elevated walkways, lifeguard support stands, piers, beach access ramps, gazebos, and coastal or shore protection structures, shall be located a sufficient distance landward of the beach to permit natural shoreline fluctuations and to preserve dune stability. Construction, including excavation, may occur to the extent that the natural storm buffering and protection capability of the dune is not diminished.

(Ord. No. 87-20, § 8)

State law reference— Coastal construction restrictions, F.S. § 161.55.

Sec. 22-296. - Public access.

Where the public has established an accessway through private lands to lands seaward of mean high tide or water line by prescription, prescriptive easement or other legal means, development or construction shall not interfere with such right of access unless a comparable alternative accessway is provided. The developer shall have the right to improve, consolidate or relocate such public accessways so long as they are:

(1)

Of substantially similar quality and convenience to the public;

(2)

Approved by the board of county commissioners and approved by the department of natural resources whenever improvements are involved seaward of the coastal construction control line; and

(3)

Consistent with the coastal management element of the local comprehensive plan adopted pursuant to F.S. § 163.3178.

(Ord. No. 87-20, § 9)

Cross reference— Public beach access, § 146-61 et seq.

Sec. 22-297. - Criminal penalty.

Any person who violates any provision of this article shall, upon conviction, be punished by a fine not to exceed $500.00 or by imprisonment in the county jail for a term not to exceed 60 days, or by both, pursuant to the provisions of F.S. § 125.69. Such person also shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.

(Ord. No. 87-20, § 10)

Secs. 22-298—22-320. - Reserved.