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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, ? 3'68 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