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(a) The purpose of the Coastal Code is to provide minimum standards for the design and construction of buildings and structures to reduce the harmful effects of hurricanes and other natural disasters occurring along the coastal areas of the Town which front on the Atlantic Ocean. These standards are intended to specifically address design features which affect the structural stability of the beach, dunes, and topography or adjacent properties. The Coastal Code is site specific to the Coastal Building Zone and coastal barrier islands as defined herein and is not applicable to other locations.
(b) In the event of a conflict between this Article X. and other provisions of Land Development Code, the requirements resulting in more restrictive design, and affording greater safety to the general public and which will more strongly promote the purposes stated in § 4A-116(a), shall apply. No provisions in this Article shall be construed to permit any construction in any area prohibited by local city, county, or state regulation.
(Ord. 86-3, passed 2-25-86; Am. Ord. 2017-05, adopted 12-20-17)
The requirements of this Coastal Code shall apply to the following types of construction in the Coastal Building Zone and on coastal barrier islands in the Town:
(1) The new construction of; or improvement to major structures, nonhabitable major structures, and minor structures as defined in § 4A-119;
(2) Construction which would change or alter the character of the shoreline (for example, excavation, grading, or paving). The Coastal Code does not apply to minor work in the nature of normal beach cleaning or debris removal.
(Ord. 86-3, passed 2-25-86; Am. Ord. 2017-05, adopted 12-20-17)
Construction within the Coastal Building Zone and on coastal barrier islands shall meet the requirements of this Article X. All structures shall be designed so as to minimize damage to life, property, and the natural environment. Assistance in determining the design parameters to minimize such damage may be found in the reference documents listed in § 4A-126.
(Ord. 86-3, passed 2-25-86; Am. Ord. 2017-05, adopted 12-20-17)
For the purpose of this article the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BREAKAWAY WALL or FRANGIBLE WALL. A partition independent of supporting structural members that will withstand design wind forces, but will fail under hydrostatic, wave, and runup forces associated with the design storm surge. Under such conditions, the wall shall fail in a manner such that it breaks up into components that will minimize the potential for damage to life or adjacent property.
CONSTRUCTION. Any work or activity which is likely to have a material physical effect on existing coastal conditions or natural shore and inlet preservation.
MAJOR STRUCTURE. Residential buildings; commercial, institutional, industrial and other construction having the potential for substantial impact on coastal zones.
MINOR STRUCTURE. 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; public and private bathhouses; 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 they are considered to be expendable under design, wind, wave, and storm forces.
NONHABITABLE MAJOR STRUCTURE. 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, transformer pads, vaults, and substations; roads, bridges, streets, and highways; underground storage tanks; communications buildings and towers; flagpoles and signs over 15 feet in height.
SUBSTANTIAL IMPROVEMENT.
(1) Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds a cumulative total of 50% of the market value of the structure either:
a. Before the improvement or repair is started; or
b. If the structure has been damaged, and is being restored, before the damage occurred.
(2) 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 the building commences, whether or not the 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.
(Ord. 86-3, passed 2-25-86; Am. Ord. 87-04, passed 3-10-87; Am. Ord. 2017-05, adopted 12-20-17)
The requirements of this article shall not apply to existing structures, structures under construction, or structures for which a valid and unexpired municipal building permit was issued prior to the adoption of the Coastal Code, except that any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started; or, if the structure has been damaged through means other than neglect and is being restored, before the damage occurred.
(Ord. 86-3, passed 2-25-86; Am. Ord. 2017-05, adopted 12-20-17)
Structures or construction extending seaward of the mean high water line which are regulated by § 161.041, Fla. Stat. (for example groins, jetties, moles, breakwaters, seawalls, revetments, beach nourishment, inlet dredging, and the like), are specifically exempt from the provisions of this Article. In addition, the Coastal Code does not apply to piers, pipelines, or outfalls which are regulated pursuant to the provisions of § 161.053, Fla. Stat.
(Ord. 86-3, passed 2-25-86; Am. Ord. 2017-05, adopted 12-20-17)
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