Ordinance 75-19O~DINANCE NO. 75-19
AT; OR{)£~IA~;CE ESTABLISHING TqE COASTAL
CONSTRUCTION SETBACK LINE FOR COLLIER
COUNTY, PROVIDING FOR TIIE GRANTING OF
VARIANCES THEP~FRO~a, PROVIDING A PENALTY,
PROVIDING FOR CIVIL REMEDIES, PROVIDING
FOR SEVERABILITY AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY CO~4ISSIOMERS
OF COLLIER COUNTY, FLORIDA:
SECTION O~E: ESTABLISHMENT OF SETBACK LINES.
There is hereby established for Collier County, a
coastal construction setback line, which shall be that
coastal construction setback line established by the Depart-
ment of Natural Resources of the State of Florida pursuant
to Section 161.053 of the Florida Statutes and recorded in
Coastal Setback Line Book 1, pages 1 through 12 inclusive,
recorded October 31, 1974, as Clerk's Instrument No. 365665
of the Public Records of Collier County, Florida.
SECTION TWO: REVIEW AND CHANGE OF SETBACK LINES.
Setback lines established under this Ordinance shall be
reviewed upon petition of affected riparian upland owners~
The Board of County Commissioners of Col].ier County ~11
decide, after due public notice and hearing, whether ~han~F~
in tho setback line Is Justified, and shall notify
t$oner in writing. The present setback lines are pres~
to be correct, and no change in setback lines shall be made
except upon an affirmative showing by petitioner that any
construction line established hereunder is a minim~ of
one hundred fifty feet (150') landward of the mean high water
line or seventy five feet (75') landward of the vegetation
line whichever is greater; and that considering ground elevations
in relation to historical storm and hurricane tides, predicted
maximum wave uprush, beach and offshore ground contours, the
vegetation line, erosion trends, the dune or bluff line, if
any exist, and existing upland development, that the general
public health and welfare are preserved, upland properties
protected, and beach and sand dune erosion controlled.
SECTION TH[~EE: PROIIIBITED ACTIVITIES SEAWARD OF SETBACK LINES.
It shall be unlawful for any person, firm, or corporation
to construct any structure, make any excavation, remove any
beach material or otherwise alter existing ground elevations,
drive any vehicle on, over or across any sand dune, or damage
or cause to be damaged such sand dune or the vegetation growing
thereon, seaward of said coastal construction setback line,
except as hereinafter provided.
SECTION FOUR: VARIANCES.
(a) If in the immediate contiguous or adjacent area a
number of existing structures have established a reasonably
continuous and uniform construction line closer to the line
of mean high water than the line as herein established, and
if said existing structures have not been unduly affected by
erosion, a proposed structure may be permitted along such line
if such proposed structure is also approved by the Board of
County Commissioners.
(b) The Board of County Commissioners may authorize the
construction of pipelines or piers extending outward from the
shoreline, unless it determines that the construction of such
projects would cause erosion of the beach in the area of such
structures.
SECTION FIVE: Procedure for obtaining variance.
A. A written petition requesting a variance from the
established setback line shall be filed with the Board of
County Commissioners. The petition shall set forth:
1. A description of petitioner's property;
2. A description of the established setback line;
3. A description of the line which petitioner
wishes the existing setback line to be varied;
4. The grounds upon which petitioner relies for
the granting of the variance.
B. The Board of County Commissioners shall, within
E]ixty (60) days of the filing of tho petition, hold a public
hearing thereon upon due public notice.
C. Due public notice shall mean at least fifteen (15)
day's notice of the time and place of such hearing published
one time in a newspaper of general circulation in the area.
D. The Board of County Commissioners shall notify
petitioner in writing of its decision within fifteen (15)
days of the public hearing.
E. Any person aggrieved by a decision of the Board
of County Commissioners granting or denying a variance may
apply to the Circuit Court of the Circuit in which the
property is located for judicial relief within thirty (30)
days after rendition of the decision by the Board of County
Co~nissioners. Review in the Circuit Court shall be by
petition for writ of certiorari and shall be governed by
the Florida Appellate Rules.
SECTION SIX:
Penalty. A violation of any provision of this Ordinance is a
misdemeanor and shall be prosecuted in the name of the State in the
County Court by the Prosecuting Attorney, and upon conviction shall
be punished by a fine not to exceed $500.00 or by imprisonment in
the County Jail not to exceed 60 days, or by both such fine and
imprisonment. Each violation and each day a violation continues
shall constitute a separate offense. The Board of County Commissioners
shall have the po%~er to collaterally enforce the provisions of this
Ordinance by appropriate Judicial Writ or proceeding notwithstanding
any prosecution as a misdemeanor.
Severance. If any phrase or portion of this Ordinance is for any
reason 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.
Civil Remedies. In addition to or in lieu of the penalties
provided by general law for the violation of ordinances, the
]~oard of County Commissioners may bring injunctive action
to enjoin the construction or compel the removal of struc-
tures constructed in violation of this Ordinance.
Effective Date. This Ordinance shall take effect upon
receipt of notice that it has been filed with the Secretary
of State.
D~ted: /9?n'L ?~//77~ BOA~ OF CO~.T~ CO~IS~O.E~,
COLLIER CO~Y, FLORIDA
I~GA~T T. SCOTT ~ ~-
~. C~ of Circuit Court ~ '~omas P. Archer, Chairma~