Ordinance 87-020ORDINANCE NO. 87-__2/1
A~N ORDINANCE ESTABLISHING BUILDING CODE
REQUIREMENTS FOR CONSTRUCTION IN THE COASTAL
BUILDING ZONE IN COLLIER COUNt"f, FLORIDA;
PROVIDING FOR A SHORT TITLE; PROVIDING FOR
PURPOSE AND LEGISLATIVE INTENT; PROVIDING
NOTICE AS TO CONFLICTING O~)INANCE
PROVISIONS; SE%~TING FORTH ~{E SCOPE AND
APPLICABILITY; PROVIDING FOR DEFINITIONS;
PROVIDING FOR COASTAL CONSTRUCTION
REQUIREMENTS A34D REFERENCE DOCUMENTS; SE~ING
FORTH PUBLIC ACCESS CONSIDERATIONS; PROVIDING
CRIMINAL PENALT"f; PROVIDING CIVIL
ENFORCEMENT; PROVIDING FOR APPEAL; REPEALING
ORDINAuNCE NO. 86-15; PROVIDING CONFLICT AND
"~EVEPJ%BILITY; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE ITORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNt, FLORIDA, that:
SECTION 1. TITLE%~
The provisions contained herein shall constitute the Coastal
Construction Code for construction within the coastal building
zone and coastal barrier islands in Collier County, Florida, and
shall be referr~to as the "Collier County Coastal Zone
Protection Ordinance".
SECTION 2. 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:
2.1 Coastal areas play an important role in protecting the
ecology and the public health, safety and %~elfare of the citizens
of Collier County, but in recent years the County's coastal areas
have been subjected to increasing growth p~essures; and unless
these pressures are controlled, the very features which make
coastal areas economically, aesthetically, and ecologically rich
will be destroyed.
2.2 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, absorbs the forces of oceanic activity, protects 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.
2.3 Coastal areas are one of Collier County's most valuable
resources and have extremely high recreational and aesthetic
val~e 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.
2.4 It is ahtic~pated 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 harmf~i and costly consequences of natural and manmade
disasters or emergencies.
SECTION 3. PURPOSE AND LEGISLATIVE INTENT
The purpose of the Coastal Zone Protection Ordinance 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 Collier County, Florida, 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 ordinance that the Coastal Building
Zone, beach and coastal barrier islands, as defined herein, be
managed through the imposition of strict construction standards
in order to minimize damage to the natural environment, private
property, and life.
SECTION 4. NOTICE AS TO CONFLICTING ORDINANCE PROVISIONS
This Ordinance is not intended to encompass all building
regulations to which a person may be subject during or prior to
construction.
Some provisions of this Ordinance may be
duplicative or may conflict with other Collier County Ordinances
including, but not limited to, the Collier County Flood
Prevention Ordinance. This Ordinance is not intended and shall
not be construed to exempt any person from the requirements of
the Flood Prevention Ordinance or other applicable ordinances.
As set forth in Section 14 of this Ordinance, where
requirement(s) conflict, the more restrictive requirement(s)
shall apply. No provisions in this ordinance shall be construed
to ~ermit any construction in any area prohibited by city, county
state or federal regulation.
SECTION 5. SCOPE AND'APPLiCABILITY
5.1 ApplicabilitY: The requirements of this Coastal Zone
Protection Ordinance shall apply to the following types of
construction in the coastal building zone and oil coastal barrier
islands in Collier County, Florida:
5.1.1 The new c'~struction of, or substantial improvement to
major structures~ nonhabitable major structures, and minor
structures as defined herein.
5.1.2 Construction which would change or otherwise have the
potential for substantial impact on coastal zones (i.e.
excavation, grading, paving, etc.).
Construction located partially within the coastal building
5.1.3
ZOr%C.
5.1.4
Reconstruction, redevelopment or repair of a damaged
structure from any cause which meets the definition of
substantial improvement as defined herein.
5.2 Exceptions: The requirements of the coastal code shall not
apply to the following:
5.2.1 Minor work in the nature of no[mal beach cleaning and
debris removal.
5.2.2 Structures in existence prior to the effective date of the
code, except for substantial improvements as defined herein.
5.2.3 Construction for which a valid and. unexpired building
permit was issued prior to the effective date of this code.
5.2.4 Construction extending seaward of the seasonal high-wa~er
line which is regulated by the provisions of Section 161.041,
Florida Statutes, (i.e. groins, Jetties, moles, breakwaters,
seawalls, piers, revetments, beach nouris]unent, inlet dredging,
etc.).
5.2.5 Construction of non-habitable major structures as defined
herein, except for the requirements of paragraph 8.3.
5.2.6 Construction of minor structures as defined herein, except
for ~he requirements of paragraph 8.4.
5.2.7 Structures listed in the National Register of Historic
%'laces or the State Inventory of Historic Places.
5.2.8 Constructi.~n 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.
SECTION 6. DEFIniTIONS.
6.1 General: W~en appearing in this Ordinance, the following
words shall be defined as follows:
6.1.1 "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
~torm waves. "Beach" is alternatively termed "shore".
6.1.2 "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 maDner 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 10 nor more than 20
pounds per square foot.
6.1.3 "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.
6.1.4 "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 ~hall not be considered coastal barrier
·
islands. For purD~s~of this Ordinance, the term coastal
barrier is].and includes, but is not limited to, the following:
1) Barefoot Beach/Little Hickory Island
2) Keewaydin Island
3) Cannon ~land
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, ~[eal Key, and Ramsey Key.
6.1.5 "Coastal Building Zone" means:
a) 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 1500 feet landward from the coastal
construction ~ontrol line.
b) For mainland areas where a coastal construction
control line has not baen 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.
c) For coastal barrier islands, the land area
between the seasonal high-water line and a line
5000 feet landward from the coastal
construction control line or the entire island,
whichever is less.
d) 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
Agen~ and shown on the Flood Insurance Rate
Maps.
6.1.6 "Coastal Construction Control Line" means the landward
extent of that portion of the beach-dune system which is subject
to severe fluctu'~tions based upon a 100-year storm surge, storm
waves, or other ~redictable weather conditions as established by
the Department of Natural Resources in accordance with Section
161.053, Florida Statutes.
6.1.7 "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.
6.1.8 "Column action" means the potential elastic instability in
piles or columns resulting in axial or lateral bending of the
member due to compressive ~tress.
6.1.9 "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.
6.1.10 "Dune" means a mound or ridge of loose sediments, usually
sand-sized, deposited by natural or artificial means, which lies
landward of the beach.
6.1.11 "FEMA Flood Insurance Rate Map 'V' (w~locity) 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 Collier County by the Federal
Emergency Management Agency.
6.1.12 "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.
6.1.13 "Mean high~water line" means the intersection of the
tidal plane of mean high water with the shore. Mean high water
is the average h~ight of high waters over a 19 year period.
6.1.14 "~linor S~ucture" 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 t~ey are considered to be
expendable under design wind, wave, and storm forces.
6.1.15 "Mobile Home" means manufactured housing which conforms
to the Federal Manufactured Housing Construction and Safety
Standards or the Uniform Standards Code ANS~ A-119.1 pursuant to
Section 320.823, Florida Statutes.
6.1.16 "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,
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transformer pads, vaults, and substations; roads, bridges,
streets, and highways; and underground storage tanks.
6.1.17 "NGVD" means National Geodetic Vertical Datum - a
geodetic datum established by the National Ocean Service and
frequently referled to as the 1929 Mean Sea Level Datum.
6.1.18 "Person" means any natural person, firm, partnership,
joint venture, corporation or other entity.
6.1.19 "One Hundred Year Storm" or "100-Year Storm" means a
sho~e incident hurricane or any other storm with accompanying
wind, wave, and storm surge intensity having a one percent chance
of being equaled or e~ceeded in any given year, during any
100-year interval~.. ,
6.1.20 "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.
6.1.21 "State M~'himum Building Code" means the building code
adopted by the county pursuant to the requirements of Section
553.73, Florida Statutes.
6.1.22 "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 ~he 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.
SECTION 7. APPLICATIONS FOR PE}~ITS; CERTIFICATION BY
ARCHITECT OR ENGINEER
Applications for Duilding permits for all construction in
the Coastal Building Zone shall be certified by an architect or
professional engineer registered in the State of Florida. Such
certification shall state that the design plans and specifica-
tions for the construction are in compliance with the require-
ments and. criteria established by this Ordinance.
SECTION 8. COASTAL CONSTRUCTION REQUIREM~]NTS
8.1 General: Cogstruction within the coastal building zone and
¥
on coastal barrier'i~nds shall meet the requirements of this
ordinance. All structures shall be designed so as to minimize
damage to life, property, and the natural environment.
Assistance in de.~rmining the design par~neters to minimize such
damage may be found in the folloWing reference documents:
Shore Protection Manual, U. S. Army Corps of Engineers,
4th edition, 1984.
U. S. Department of the Army, Coastal Engineering
Research Center's Technical Papers and Reports.
Florida Department of Natural Resources, Division of
Beaches and Shores Technical and Design Memoranda.
Naval Facilities Enqineering Command Design_Manual,
NAVFAC DM-26, U. S. Department of the Navy.
Coastal Construction Manual, Federa~ Emergency
Management Agency, February, 1986.
8.2 Structural Requirements for Major Structures:
8.2.1 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 Southern Standard Building Code.
;]70
9
8.2.2 Mobile Homes: Mobile homes shall conform to the
Federal Mobile Home Construction and Safety Standards or the
Uniform Standards Code ANSI Allg.1, pursuant to Section 320.823,
Florida Statutes, as well as the requirements of subsection
8.2.3.
8.2.3 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 the Collier County Flood Damage
Protection Ordinance, whichever is more restrictive.
Design Conditions:
8.2.4 Velocity Pressure: Major structures, except mobile
homes, shall be designed in accordance with the requirement of
Section 1205 of the 1986 revisions to the ].985 Standard Building
Code using a minimum fastest-mile wind velocity of 110 miles per
hour. '. ~5' ·
8.2.5 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 ~hich ~ould
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 actin~
simultaneously with live and dead loads. Erosion computations
for foundation design shall account for all vertical and la~eral
erosion and scour producing fforces, including localized scour due
to the presence of structural components. Foundation design and
construction shall provide for adequate bea~ing capacity taking
into cons£d~ration the type of soil present and the anticipated
loss of soil above the design grade as a re.~ult 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 were erosion and scour of a 100-year storm event is
applicable.
8.2.6 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 Engineerinq Command Design Manual, NAVFAC DM-26,
U. S. Department of Navy; Shore Protection Manual. U. S.
Department of the Army Corps of Eng'ineers; 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 methodoloqies which produce
·
equivalent design %~r%~ria.
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 a'$~dynamic loading and the harmonic
intensification resulting from repetitive waves.
8.2.7 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.
8.2.8 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.
8.3 Structural Requirements for Nonhabitable Major Structures:
Nonhabitable major structures must meet the specific
requirements of Section 8.2, 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 the
Flood Damage Protection Ordinance. Ail sewage treatment and
public water supply systems shall be flood-proofed to prevent
infiltration of surface water anticipated under design storm
conditions. Underground u~±lities, excluding pad transformers
and vaults, shall.~.e flood-proofed to prevent infiltration of
surface water expected under design storm conditions or shall
otherwise be designed to function when submerged under such storm
conditions.
8.4 structural '~quirements for Minor Structures: Minor
structures need ~dt meet the specific structural requirements of
Section 8.2, 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 the
Flood Damage Protection Ordinance.
8.5 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.
SECTION 9. 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:
a) Of substantially similar quality and convenience to the
public;
b) 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
c) Consistent with the coastal management element of the
local comprehensive plan adopted pursuant to Section 163.3178,
Florida Statutes.
SECTION 10. CRIMINAL PENALTY
Any person who violates any provision of this Ordinance
shall, upon convi~.tion, be punished by a fine not to exceed five
hundred dollars ('$500.00) or by imprisonment in the County jail
for a term not to exceed sixty (60) days, or by both, pursuant to
the provisions of Section 125.69, Florida Statutes. Such person
also shall pay all costs and expenses involved in the case. Each
day such violation continues shall be considered a separate
offense.
SECTION 11. CIVIL ENFORCEMENT
In addition to any criminal penalties which may be sought or
imposed Pursuant to this Ordinance, Collier County shall have
recourse to such remedies in law and equity as may be necessary
to insure compliance with the provisions of this Ordinance
including, but not limited to, injunctive relief to enjoin and
restrain any person from violating this Ordinance.
SECTION 12. APPEAL
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; or
2) It is alleged that the provisions of the Collier County
Coastal Zone Protection Ordinance do not apply to the structure,
in part or in whole; or
3) It is alleged that an equally good or more desirable
for~ of construction can be employed in a specific case to comply
with the provisions of the,,Collier County Coastal Zone Protection
Ordinance; or
4) It is al~ege~ that the true intent and meaning of the
Collier County Coastal Zone Protection Ordinance or any of the
provisions thereunder have been misconstrued or wrongly
interpreted or applied by the Building Code Compliance Director.
An appeal ~Yfprovided hereunder shall be made to the Board
of Adjustments and Appeal and shall comply with all procedures
and requirements as established for the Board of Adjustments and
Appeals pursuant to Collier County Ordinance No. 83-16, as
amended.
SECTION 13. REPEAL OF ORDINANCE
Ordinance No. 86-15 is hereby repealed in its entirety.
SECTION 14. CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other
ordinance of Collier County or other applicable law, the more
restrictive shall apply. If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not
affect the validity of the remaining portion.
SECTION 15. EFFECTIVE DATE
This Ordinance shall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed
with the Secretary of State.
14
3'75
um IIIIII
PASSED AND DULY ADOPTED by the Board of County Commissiohers
of Collier County, Florida, this ~/'~ day of ~~__~__,
1~87.
.?'~].";'.'.~.J~,. GILES, Clerk
.' ; :~... ~ : ~ '~ :
~ :... ,,, .......,.~ ..-::....~ ..:
~ ',,';~':,Appro~ as to fo~ and
~,~ ': 'l'~,b%uf f ieie~y:
-~1%" . . . .
Assistant County~torney
' .?
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~ax A.'HaSSe, ar., ~ha±ra~n
Thls ordinance filed wlth the
~,~cr,etory of_State's Office
~ day o~U~
· ,Lng received thls~l~t~_ da
15
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, ~lerk of Courts in and for the Twentieth
Judicial Clrcuft~. Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE 87-20
which was adopted by the Board of County Commissioners on the 21st
day of April, 1'~7 during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 21st day of April,
1987,
JAMES C. GILES
Clerk of Cour.t.~'~d,,Clerk
· ...,.,, ~..
.....
377