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Ordinance 86-15ORDINANCE liO. 86- ~ AN ORDINANCE ESTABLISHING BUILDING CODE R~QUIREMENTS FOR CONSTRUCTION IN THE COASTAL BUILDING ZON~ IN COLLIER C~NTY,' ' FLORIDA; PROVIDING FOR A SHORT 5~tTLE; SETTING FORTH FINDINGS OF FACT; PROVID- ING FOR LEGISLATIVE INTENT; PROVIDING NOTICE AS TO CONFLICTING ORDINANCE PROVISIONS; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY OF THE ORDINANCE; PROVIDING REQUIREMENTS FOR APPLICATIONS FOR PERMITS AND CERTIFI- CATION BY ARCHITECT OR ENGINEER; PROVID- ING FOR REQUIREMENTS FOR CONSTRUCTION IN THE COASTAL BUILDING ZONE, INCLUDING REQUIREMENTS FOR MAJOR STRUCTURES, NON-HABITABLE MAJOR STRUCTURES AND MINOR STRUCTURES; PROVIDING PUBLIC ACCESS REQUIREMENTS, WHERE APPLICABLE; PROVID- ING CRIMINAL PENALTY; PROVIDING FOR CIVIL ENFORCEMENT; PROVIDING FOR APPEAL; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT OBDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION 1: · SHORT TITLE This Ordinance shall be known as, referred to, and cited 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 relat- ing thereto: 2.01 Coastal areas play an important role in protecting the ecology and the public health, safety and welfare of the citizens of Collier 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. 2.02 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 lea~ to increased risks to life and property and increased costs tc the public. Coastal azeas often protect lagoons, ~alt 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 ~ynamic geologic systems with topography that is subject to alteration by waves, storm surges, flooding, or littoral currents. 2.03 Coastal areas are one of Collier County's most valu- able resources and have extremely high recreational and aesthetic value which should be preserved and enhanced. Coa3tal areas provide a unique habitat for ~irds, wildlife, marine life, and plant life and protect waters that are vital to the food chain. 2.04 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 ¢~onsequences of natural and manmade disasters or emergencies. SECTION 3~ LEGISLATIVE INTENT 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 CONFL2CTING 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 provisi,)ns of this Ordinance may be duplicative or may conflict with other ~ollier County Ordinances including, but not limited to, the Collier County Flood Prevention Ordinance. This Ordinance ~s not intended and shall not be construed to exempt a~y person f~om the reqairements of the Flood Prevention Ordinance or other applicable ordinances. As set forth in Section 12 of this Ordinance, where require- ment(s) conflict, the most restrictive requirement(s) shall apply. SECTION 5: DEFINITIONS When appearing in this Ordinance, the following words shall be defined as follows: (a) "Beach" means the zone of unconsolidated material that extends landward from the mean low water line to the place where th,.re is marked change in material or phys- iographic form, or to the line of permanent vegetation, usually the effective limit of storm waves. "Beach" is alternatively termed "shore". (b) "Breakaway wall" or "frangible wall" means a partition independent of supporting structural members that will withstand design wind forces, but will fail under hydrostatic, wave, and run up forces associated with the design storm surge. Un~er such conditions, tke wall will fail in a manner such that it dissolves or breaks up into components that will minimize the potential for danger to life or damage to adjacent property. (c) "Building support structure" means any structure which supports floor, wall, or column loads, and transmits them to the foundation, including beams, grade beams, or joists, and includes the lowest horizontal structural member exclusive of piles, col~nns or footings. (d) 'Coastal barrier islands" means geological fea- tures 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, which feature~ lie above the line ~f mean high water. For purposes of this Ordinance, the term coastal barrier island includes, but is not limited to, the following: (1) Barefoot Beach/Little Hickory Island (2) Keewaydin 12sland (3) Cannon Isl.~nd (4) Marco Isla.~d Kice Islan,] (6) Cape Roman Island Helen Key The Ten Thousand Islands includin{, but not limited to, Coon Key, Tripod key, Hog Key, Panther Key, Round Key, Neal Key, and Ramsey Key. (e) "Coastal Building Zone~ means (for other than barrier islands) the land area 1,500 feet landward of the coastal construction control line established pursuant to ~161.053, Florida Statut~:s. In any coastal area of Collier County for which no coastal construction control line has been established, the "Coastal Building Zone" is defined as that land area 3000 feet landward from the mean high water line. On coastal barrier islands, the 'Coastal Building Zone" is defined as the area 5,000 feet landward of the coastal construction control line established pursuant to ~161.053, Florida Statutes, or the entire island, whichever is less. On barrier islands for which no coastal construc- tion control line has b{~en establi~3hed, the "Coastal Buil- ding Zone" is defined a~ the area 5,000 feet landward from the mean high water line or the entire island, whichever is less. (f) "Column action" means the potential elastic in- stability in piles or columns resulting in axial or lateral bending of the member due to compressive stress. (g) "Construction" means the carrying out of any building, clearing, filling, or excavation or the making of any material chan~e in ~.~%e size or use of any structure or the appearance of any land. WT~en appropriate to the context, 'construction" ~efers to the act of construction or the result of constructi.)n. (h) "Dune" means a mound or ridge of loose sediments, usually sand-sized sediments, lying landward of the beach, and deposited by any nat%ral or artificial mechanisms. (i) "~EMA Flood Insurance Rate Map 'V' Lveiocity) Zone" means the area where high energy dynamic wave action occurs and is shown as the "V" or velocity zone in the re- vised preliminary Flood Insurance Rate Maps prepared and forwarded to Collier County by the Federal Emergency Manage- ment Agency. Said maps were based upon and accurately reflect those elevations set forth in "The Determination of 100-year Coastal Surge Flood Elevations for Coastal Collier County, Florida", dated April, 1984, and prepared by the South Florida Water Management District. These elevations include the superimposed waive actions. The Collier County Flood Prevention Ordinance, Ordinance No. 79-6~, has been amended to incorporate all such elevations. (j) (1) "Major structure" means houses, mobile homes, apartment buildings, condominiums, motels, hotels, res- taurants, towers, public and private bathhouses, other types of residential, commercial, or public buildings, and other construction having the potential for substantial impact on coastal zones. (2) "Minor structure" means 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, shuf- fleboard courts, tennis courts, handball courts, racquetball courts, and other uncovered paved areas; earth retaining walls; and sand fences, privacy fences, ornamental walls, ornamental garden structures, aviaries, and other ornamental construction. A characteristic feature of minor structures is that they are considered to be expendable under design wind, wave, and storm forces. (3) "Nonhabitable major structure" means swimming pools; parking garages; pipelines; piers; canals, lakes, ditches, drainage structures, and other water retention structures; Hater and sewage treatment plants; electrical power plants, transmission lines, distribution lines, trans- former pads, vaults, and substations; roads, bridges, streets, and highways; and underground storage tanks; commu- nication buildings and towers; and flagpoles and signs. (41 "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. The enumeration of types of structures in this sub- section shall not be construed as excluding fro~ the opera- tion of subsections (j) (1) through (j) (4) any other structure which, by its usage, design, dimensions, or struc- tural configuration, would require engineering consideration similar to the listed structures. (k) "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. (i) "NGVD" means Natural Geodetic Vertical Datum, a geodetic datum established by the U.S. Coast ~nd Geodetic Survey and frequently referred to as the 1929 Mean Sea Level Datum. (m) "Person" means any natural person, firm, partner- ship, joint venture, corporation or other entity. SECTION 6: APPLICABILITY 6.01 The requirements of this Ordinance shall apply to the following types of construction in the Collier County Coastal Building Zone: (a) The new construction of, or improvement to, major structures, nonhabitable major structures and minor struc- tures, as defined herein. (b) Construction which would change or alter the character of the shoreline (e.g., excavation, grading, paving}. This Ordinance does not apply to minor wcrk in the nature of normal beach cleaning or debris removal. 6.02 Existing Structures The requirements of this chapter shall not apply to existing structures, validly permitted structures which are under con- struction, or structures for which a valid county building permit was issued prior to the effective date of this Ordinance. 6.03 Multi-Zone Structures For structures located partially in the Coastal Building Zone, the requirements of this Ordinance shall apply to the entire structure. 6.04 Construction Seaward of Mean High Water Structures or construction extending seaward of the mean high water line which are regulated by Section 161.041, Florida Statutes (e.g., groins, jetties, moles, breakwaters, seawalls, revetments, beach nourishment, inlet dredging, etc.), are specifically exempt from the provisions of this Ordinance. In addition, this Ordinance does not apply to piers, pipelines, or outfalls which are regulated pursuant to the provisions of Sec- tion 161.053, Florida Statutes. SECTION 7: APPLICATIONS 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 of Florida. Such certification shall state that the design plans and specifl- catlon$' for the construction are in compliance with the require- ments and criteria established by this Ordinance. SECTION 8: REQUIREMENTS FOR CONSTRUCTION IN THE COASTAL BUILDING ZONE 8.01 GENERAL All structures built within the Coastal Building Zone shall be designed so as to minimize the adverse impact on the beach- dune system or adjacent properties and structures. Assistance in determining the design parameters to minimize such impact may be found in the latest editions of the Shore Protection Manual, U.S. Army Corps of Engineers; Department of the Army Coastal Engine- ering Research Center Technical Papers and Reports; and the Florida Department of Natural Resources, Division of Beaches and Shores Technical and Design Memoranda. The following require- ments shall be the minimum standards for construction in the Coastal Building Zone. 8.02 STRUCTURAL REQUIREMENTS FOR MAJOR STRUCTURES (a) Foundations All habitable major structures shall be anchored to their foundations in such a manner as to prevent floatation, collapse, or lateral displacement. Foundation design and construction shall consider all antic- ipated loads resulting from design storm conditions, including wave, hydrodynamic, hydrostatic, and wind loads acting simulta- neously with 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. 1. Pile Foundations shall be required for all major struc- tures located within the FE~ Flood Insurance Rate Map (velocity) Zone, as defined herein, in accordance with the following: (A) Pile dimensions, spacing and embedment shall be designed consistent with the requirements of the site, taking into account all vertical, lateral, erosion and scour-producing forces. (B) Piles shall be driveu to a penetration which achieves adequate bearing capacity taking into consideration the anticipated loss of soil above the design gra~e. 8 (C) In addition to the normal foundation analysis, the pile foundation analysis shall consider piles in column action, where appropriate, from the bottom of tne support structure to.the design grade. {D) Consideration shall also be given to the degree of exposure to ware attack and the resultinq impact loads on lateral or diagonal bracing between piles. 2. Monolithic slab foundations shall be permitted for struc- tures which are located landward of the FEMA Flood Insurance Rate Map "V" (velocity) Zone: (A) Monolithic slab foundations may be used if soil conditions permit and if located at an elevation which minimizes their effect on the beach and adjacent properties. Due consideration shall be given to their vulnerability to erosion under design storm conditions. (B) In the event that a monolithic slab foundation is used, the bottom bearing elevation of the monolithic edge detail shall be at least 12" below the design scour depth. (C) Other types of spread footings which resist the effects of undermining due to storm scour may be permitted. (b) Understructures No substantial walls or partitions shall be constructed below the level of the building support structure of a major structure. This does not preclude the construction of: 1. Stairways; 2. Shearwalls essentially perpendicular to breaking waves; 3. Shearwalls essentially parallel to breaking waves which do not exceed a maximum of 20% of the building length and which are located landward of the FEMA Flood Insurance Rate Map "V" (velocity) Zone; 4. Wind or sand screens constructed of fabric or wire mesh; 5. Light open lattice partitions with individual wooden lattice strips no greater than 3/4" thick or 3" wide. 6. Elevator Shafts; 7. Breakaway or frangible walls; or 8. Substantial walls constructed above the wave action and storm surge expected under design storm conditions. (c) Building and Floor Elevations Major structures shall be elevated in such a manner as to locate the building support structure above the design breaking wave crests or wave uprush as superimposed on the storm surge of a 100-year storm. The 100-year storm surge with dynamic wave setup shall be the base flood elevation which has been established by the Federal Emergency Management Agency and which is set forth in the Collier County Flood Elevation Ordinance, Ordinance No. 79-62, as amended. (d) Erosion and Design Grade The elevation of the soil surface to be used in the d~sign 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. Calculation of the design grade shall take into account localized scour due to the presence of structural components. Erosion computations for foundation design shall consider all vertical and lateral erosion and scour-producing forces. (e) 1. Wave Force Design Calculation for wave forces resulting from design storm conditions on building foundations and superstructures may be based upon the minimum criteria and m,~thods prescribed in the Naval Facilities Engineering Command Design Manual~ NAVFAC DM-26, U.S. Department Df 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 Repgrts; the Technical and Design Memoranda of the Division of Beaches and Shores, Florida Department of Natural Resources; or onher profes- sionally recognized methodologies which produce equivalent design criteria. 10 2. Breaking, broken, and nonbreaking waves 3hall be considered as applicable. Design wave loading analysis shall consider vertical uplift pressures and all lateral pressures to include impact, ~s well as dynamic loading and the harmonic intensification resulting from repetitive waves. (f) 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 using the maximum elevation to which the confined water would freely rise if unconfined. Vertical hydrostatic loads shall be considered both vertically downward and upward on horizontal or inclined surfaces of major structures (e.g., 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. (g) Hydrodynamic Loads Hydrodynamic loads sha~l consider the maxi~um water pressures resulting from the motion of the water mass ~ssociated with the design storm. Full intensity loading shall be applied on all structural surfaces above the design grade which would affect the flow velocities. (h} Design Conditions - General 1. Foundations for all major structures in the Coastal Building Zone shall be designed for the horizontal and vertical pressures generated by wave forces between the elevation of the design breaking wave crests or wave uprush superimposed upon the storm surge and the stable soil elevation of the site. 2. All major structures in the Coastal Building Zone, except mobile homes, shall be designed to withstand 140 mph 11 hurricane intensity windloads. sures shall not be less than those values set forth below: BASIC WIND VELOCITY DESIGN PRESSURE (Pounds per Square Foot) Standard Building Code Horizontal wind velochty pres- Height Pressure (ft) (psf) O-3O 41 31-50 54 51-100 65 101-200 79 201-300 92 301-400 101 401-500 109 501-800 121 801-1000 133 over 1000 137 *The above table is based upon the formula P=.00256 X Va X (H/30)2/7, where: P ~ Pressure in pounds/square foot V = 140 mph H = Height above grade in feet 3. Appropriate shape factors shall be applied for resistance against overturning and uplift as required elsewhere in this Ordinance. Internal pressures on internal walls, ceilings and floors resulting from damaged windows or doors also shall be considered in the design. 4. Mobile homes shall conform to the Federal Mobile Home Construction and Safety Standards of the Uniform Standards Code ANSI book A-119.1, pursuant to S320.823, Florida Statutes, in addition to the other requirements contained in Chapter 320, Florida Statutes. 8.03 STRUCTURAL REQUIREMENTS FOR NONF-ABITABLE MAJOR STRUCTURES Nonhabitable major structures need not meet the specific structural requirements of Section 8.02 of this Ordinance, except that they shall be designed to produce the minimum adverse impact on the beach and dune system and shall com~.ly with all applicab3e development and construction standards of the State of Florida and Collier County, including all applicable provisions of this Ordinance. All sewage treatment and public water supply systems shall be flood-proofed to prevent infiltration of surface water 12 m ext~cted under design storm conditions or shall otherwise be designed to function when submerged under ff. uch storm cortditions. 8.04 STRUCTURAL REQUIREMENTS FOR MINOR STRUCTURES Minor structures need not meet the specific structural requirements of Section 8.02 of this Ordinmnce, except that they shall be designed to produce the minimum adverse impact on the beach and dune system and shall comply with all applicable development and construction standards of the State of Florida and Collier County, including all applicable provisions of this Ordinance. 8.05 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. This provision shall not be construed to exempt any person from obtaining all necessary permits to locate and construct the structures set forth herein. SECTION 9: PUBLIC ACCESS - Where the public has established an accessway through private lands to lands seaward of the mean high tide or water line by prescriptive easement, or any other legal means, development or construction shall not interfere with such right of public 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 the accessways provided by the developer are: Of substantially similar quality and convenience to the (a) public; (b) Approved by the Collier Count). Community Development Division; and (c) Consist()nt with the Collier County Comprehensive Plan. SECTION 10: CRIMINAL PENALTY Any person who violates any provision of this Ordinance shall, upon conviction, be punished by a fine not to ex~e(.~ 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 al~ 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 '3ought or imposed pursuant to this Ordinance, Collier County sfall 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 a~%d restrain any person from violating this Ordinance. SECTION 12: APPEAL An owner of a building or structure, or his duly ~uthorized agent, may appeal a decision of the Building Code Compliance Director, in accordance with the provisions of thls 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 %o 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 form of construction can be employed in a specific case to co~ply with the provisions of the Collier County Coastal Zone Protection Ordinance; or (4) It is alleged that the true ~ntent in meeting of the Collier County Coastal Zone Protection Ordinance or any of the provisions thereunder have been misconstrued cr wrongly interpreted or applied by the Building Code Compliance Director. An appeal as provided hereunder sh~ll be made t() the Board of Adjustments and Appeal and shall comply with all p~>cedures 14 and requirements a:.~ established for the Board of Adjustments and Appeals pursuant to Collier County Ordinance No. 83-16, as amended. SECTION 13: CONFLICT AND SEVEP~BILITY 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 14: EFFECTIVE DATE This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has b~en filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Com~.issioners of Collier County, Florida, this DATED.. April 8, 1986 ATTEST: .~.I..~ .~,.~.. REAGAN, Clerk .' . , _7- ~ ~ 0 · ~pp~'~e~ as to form and legal sufficiency: Kenneth B. Cuyle~ Assistant County Attorney 8th day of A~ril __, 1986. BOARD OF COUNTY COMMISSIONERS Ol~! A. PISTOR, Chairman 15 STATE OF FLORIDA ) COUNTY OF COLLIER ) I, WILLIAM J. REAGAN, Clark of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hlrlby certify that the fore,Din9 II I true original mfs ORDINANCE which mas adopted by the Bomrd of County Commissioners on tHI day of April, I~B& durin9 Resular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Col ier County, Florida, this ~th day of Amrl I, i~BG. U[LLXAM J. REAGAN:'.~)\%~ .... Clark of Courts ~'~:';er.k.. ' '. ~ Daputv Clark UYr~,~'",-',"