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Ordinance 73-05?HI C:A fflTOt. 'fALt.~HA~; S r [ .11104 April 9, 1973 Mr. Ben D. Driver Fiscal Officer, Collier County Board of County Commissioners Naples, Florida 33940 Dear Mr. Driver: Pursuant to the prOvisions of seCtion 125.66, Florida Statutes, this will acknowledge your letter of April 6 and two certified copies of Collier County Ordinance No. 73-5, which was filed in this office on April 9, 1973. The extra copy showing the filing date is being returned for your records. Kindest regards. Cordially, RICHARD (DICK) STONE Secretary of State Chief, Bureau of Laws ........ NK/eh Enclosure BOOK 1 PAGE 190-A AN ORDINANCE OF THE COUNTY OF COLLIER, FLORIDA ESTABLISHING A BUILDING SET-BACK LINE FROM THE GULF OF MEXICO, MAKING CERTAIN FINDINGS OF FACT, PROVIDING CERTAIN EXCEPTIONS, PENALTY, SEVERABILITY, PROVIDING ~IE RIGHT OF APPEAL, AND PROVIDING AN EFFECTIVE DATE, SECTION ONE: WHEREAS, Florida law grants to counties general regulatory authority over building and zoning and specifically grants authority to adopt building regulations and to regulate and redistrict size, location and use of buildings, structures and fixtures. In addition, purposes of said law is; (1) To secure safety from hazards, panic and other dangers; (2) To promote health and general welfare; (3) To provide adequate light and air; (4) To protect the natural environment of. Collier County, and the health, welfare, safety and quality of life; and WHEREAS, (1) The maintenance of fair and equitable property values is important to the economic welfare of the county, (2) Beach-front property bordering the Gulf of Mexico is a major natural resource and of particular importance~ in the maintenance of property and human values through- out the county, (3) A proper relationsDip of construction setback lines from the mean high-water line and vegetation line of the Gulf of Mexico is of importance to the value of existing and proposed new construction and prevention of beach erosion, (4) The mean high water-line and vegetation line of beach- front properties bordering the Gulf of Mexico is ~nown to continually change through erosion and accretion, (5) Man-made structures and fixtures exposed to uprushing waters causes or results%in increased~erosion of the forward shore, and ~6) Th~ restriction, regulation and prohibition of construction upon accreted lands, and lands subject to erosion is in the best interest of the present and future property owners, and the public; protects indi- vidual investments, is in the best interest of the County, to promote the general public health, safety and welfare, protects economic values, eliminates, or reduces, to all parties concerned the potential cost in installation of erosion control devices, programs, and structures, and reduces or eliminates the necessity of beach restoration programs with the accompanying public and private expense and resulting ecological damage; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION TWO: Unlawful. 1. It shall be unlawful, except as provided hereinbelow to cause any excavation, remove any beach or other material or otherwise alter existing ground elevations; or to cause.to be built, permit, allow or suffer the erection, or construction of, and no building permit shall be issued for any fixture, building or other construction of any kind or type within one hundred (100) feet landward of the vegetation line of the Gulf of Mexico, and one hundred fifty (150) feet landward of the mean high-water line whichever is greater. The term "vegetation line" for the purposes of this Ordinance shall be defined as the natural line landward of which natural and indigenous vegetation, not australian pines, is growing or would normally grow in the absence of artificial disturbances by causes such as beach buggies, bulldozers or other efforts of man. In those instances where the vegetation line does not appear normal, the vegetation line will be established consistent with contiguous, adjacent or nearby undisturbed properties by considering the relative ground elevations and horizontal distances from mean high-water line. Aerial photographs displaying areas prior to artificial . modification of the vegetation line shall constitute prima facie evidence"of they, natural vegetation line. 2. Right of Appeal.and Variance. In any case where the applicant desires to appeal an administrative determination or obtain a variance as to the construction setback line made under the provisions of this Ordinance, such appeal or variance application shall be filed with the Board of Zoning Appeals and processed in accordance with Chapter 28 and the terms of Section 28-14 of the Code of Collier County, Florida. Each exception, or variance, is subject to affirmative evidence provided by the applicant, at an advertised public hearing, that any construction line established hereunder; is a minimum (a) of fifty (50) feet landward of any vegetation line that has existed on the applicant's property within the past twenty (20) years; and that considering ground elevations in relation to historical storm tides and predicted maximum wave uprush, that the general public health and welfare are preserved, upland properties protected and beach and sand dune erosion controlled, or (b) as applied to applicant's property creates an unnecessary hardship in accordance with the provisions of ~28-14 of the Collier County Code. Upon such a finding, the Board may grant a variance in the construction line for said property to a point no greater than 100 feet from the mean high-water line or 50 feet from the vegetation line, whichever is greater. The Board shall consider in deter- mining the extent of the variance to be granted the adverse effect, if any, on the general public health and welfare, upland properties, sa~d dunes, natural vegetation and natural beach to be created by the proposed structure or structures considering ground elevations in relation to historical storm tides and pre- dicted maximum wave uprush. 3. Prohibition. Any building, construction, structure or fixture erected, built or constructed in violation of this Ordinance is hereby declared to be a public nuisance and shall be removed, the area restored to its previous condition, and the cost shall become a lien upon the upland property as taxes. Any person guilty of violating any provision of this Ordinance shall be subject to a maximum penalty of a $500.00 fine or sixty (60) days in Jail. Each week an offense continues shall be deemed a separate and distinct offense for the purposes of this penalty. SECTION ~[REE: 1. This Ordinance shall become ineffective, void and of no effect upon the establishment of a Coastal Setback based upon recommendations by the Department of Coastal and Oceanographic Engineering of the University of Florida under the auspices of the Dep~rtment of Natural Resources, Bureau of Beaches and Shores. 2. Should this Ordinance conflict with any other law or Ordinance of Collier County, any municipality therein, or any of the laws of the State of Florida, ~he more restrictive shall apply. 3. In order to carry out the legislative intent of pro- tecting the public health, safety, weltzre, well-being and pre- serving present and future public and private interests, this Ordinance shall be liberally censtrued. If any portion, word, or phrase of this Ordinance, or its application to any natural, or artificial per'on, or circumstance is held invalid, the remaining portions, and their application to other persons and circumstances shall not be affected. 4. This Ordinance shall become effective upon becoming law. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this~/C~day of April, 1973. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ~ott Cler~of Circuit Court : Approved as to form and legality: - David Emerson Btu'her County Attorney BOOK