(A) Required findings for beachfront construction certificate.
(1) Before issuance of a beachfront construction certificate, the city must make the following two affirmative findings:
(a) The proposed construction is consistent with the beach access portion of the city's dune protection and beach access plan; and
(b) The proposed construction activity does not encroach on the state-owned or public beach, nor does it interfere with, or otherwise restrict the public's right to use and have access to and from the public beach.
(2) If the above findings are not made, the city shall find that the proposed construction is inconsistent with the beach access portion of the city's dune protection and beach access plan.
(B) Prohibition of certification. The city shall not issue a certificate authorizing beachfront construction if the city determines that the construction:
(1) Reduces the size of the public beach in any manner;
(2) Closes or otherwise impairs any existing public beach access point unless the city simultaneously provides or requires the permittee to provide equivalent or better public access; or
(3) Includes a proposal to build a concrete slab or other impervious surface within 200 feet of the line of vegetation or within the eroding area boundary, whichever distance is greater. The city may authorize construction of a concrete slab or other impervious surface beneath a habitable structure elevated on pilings provided the slab will not extend beyond the perimeter of the structure and will not be structurally attached to the building's foundation. The city shall not authorize the construction, outside the perimeter of a habitable structure, of a concrete slab or other impervious surface whose area exceeds 5.0% of the footprint of the habitable structure. The use of permeable materials such as brick pavers, limestone or gravel is recommended for drives or parking areas.
(C) Encroachment on public beaches.
(A) Prohibition of construction on the public beach. The city shall not issue a certificate authorizing any person to undertake any construction on the public beach or any construction that encroaches in whole or in part on the public beach. This prohibition does not prevent the approval of man-made vegetated mounds and dune walkovers under a properly issued dune protection permit and beachfront construction certificate. Any issuance or approval of a permit, certificate or any other instrument contrary to this division is void.
(2) Construction landward of the public beach. The city shall not issue any beachfront construction certificate authorizing construction landward of the public beach that functionally supports or depends on, or is otherwise related to, proposed or existing structures that encroach on the public beach, regardless of whether the encroaching structure is on land that was previously landward of the public beach.
(D) Dedication of new beach access points.
(1) Pursuant to the authority provided in the Open Beaches Act, § 61.015(g), and as a condition of beachfront construction certification as to consistency with the city's plan, the city shall require a permittee to dedicate to the public new public beach access or parking area(s), where necessary, for consistency with the beach access and use, vehicular control or beach user fee provisions of the city's dune protection and beach access plan. The provisions shall incorporate the standards for pedestrian and vehicular access established in Tex. Administrative Code Title 31, Part 1, Chapter 15, Subchapter A, § 15.7.
(2) The city shall require a permittee to dedicate an access area if it issues a certificate allowing a permittee to conduct activities which will impair access to and from the beach in any manner. Such a dedicated access area shall provide access equivalent to or better than the access impaired by the permittee's activity and shall be consistent with the pertinent provisions regarding beach access and use, vehicular controls.
(Ord. 663, passed 2-22-2005)