§ 10.4.2. Applicability and exceptions.

(A)

Geographic area. The requirements of this Section shall apply to construction and development in the Coastal Building Zone which is identified as the land area between the seasonal high-water line of the Atlantic Ocean and a line 1,500 feet landward from the coastal construction control line. (Ord. No. 32-16, § 2, 12-6-16)

(B)

Types of construction. The requirements of this Section shall apply to the following types of construction in the coastal building zone or partially within the coastal building zone. (Ord. No. 32-16, § 2, 12-6-16)

(1)

The new construction of, or substantial improvement of major structures, nonhabitable major structures, and minor structures. (Ord. No. 32-16, § 2, 12-6-16)

(2)

Construction which would change, or otherwise have the potential for substantial impact on coastal zones e.g. excavation, grading, paving. (Ord. No. 32-16, § 2, 12-6-16)

(3)

Reconstruction, redevelopment, or repair of a damaged structure from any cause which meets the definition of a substantial improvement. (Ord. No. 32-16, § 2, 12-6-16)

(C)

Conflict with other regulations. In the event of a conflict between this Section and other portions of these regulations, the requirements resulting in the more restrictive design shall apply. No provision in this Section shall be construed to permit any construction in any area prohibited by city, county, state, or federal regulation. (Ord. No. 32-16, § 2, 12-6-16)

(D)

Special information. (Ord. No. 32-16, § 2, 12-6-16)

(1)

Certifications for building permits. Applications for building permits for construction in the Coastal Building Zone, if not of normal or usual design, may be required by the Chief Building Official to be certified by an architect or professional engineer registered in the State of Florida. Such certification shall state that the design plans and specifications are in compliance with the criteria established by this Section. (Ord. No. 32-16, § 2, 12-6-16)

(2)

Reference documents. Assistance in determining the design parameters and methodologies necessary to comply with the requirements of this Section may be found in the following: (Ord. No. 32-16, § 2, 12-6-16)

(a)

Shore Protection Manual, U.S. Army Corps of Engineers, latest edition. (Ord. No. 32-16, § 2, 12-6-16)

(b)

U.S. Department of the Army, Coastal Engineering Research Center's Technical Papers and Reports. (Ord. No. 32-16, § 2, 12-6-16)

(c)

Florida Department of Environmental Protection. (Ord. No. 32-16, § 2, 12-6-16)

(d)

Naval Facilities Engineering Command Design Manual, NAVFAC DM-26 U.S. Department of the Navy. (Ord. No. 32-16, § 2, 12-6-16)

(e)

Florida Building Code, latest edition. (Ord. No. 32-16, § 2, 12-6-16)

(E)

Exceptions. The requirements of this Section shall not apply to the following: (Ord. No. 32-16, § 2, 12-6-16)

(1)

Minor work in the nature of normal beach cleaning and debris removal. See Section 4.5.5(D) for such requirements. (Ord. No. 32-16, § 2, 12-6-16)

(2)

Structures in existence, or construction for which a valid and unexpired building permit was issued, prior to December 30, 1986, except for substantial improvements. (Ord. No. 32-16, § 2, 12-6-16)

(3)

Construction extending seaward of the seasonal high-water line which is regulated by the provisions of F.S. 161.041 e.g., groins, jetties, moles, breakwaters, seawalls, piers, revetments, beach nourishment, inlet dredging, and the like. (Ord. No. 32-16, § 2, 12-6-16)

(4)

Construction of nonhabitable major structures and minor structures 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 Standard Building Code, as amended. And, that public facilities comply with the following, at a minimum: (Ord. No. 32-16, § 2, 12-6-16)

(a)

All sewage treatment and public water supply systems shall be flood-proofed to prevent infiltration of surface water anticipated under design storm conditions. (Ord. No. 32-16, § 2, 12-6-16)

(b)

Underground utilities, excluding pad transformers and vaults, shall be flood-proofed to prevent infiltration of surface water anticipated under design storm conditions or shall otherwise be designed to function when submerged under design storm conditions. (Ord. No. 32-16, § 2, 12-6-16)

(5)

Structures listed in the National Register of historic Places of the State Inventory of Historic Places, unless located within the Special Flood Hazard Area (SFHA). (Ord. No. 32-16, § 2, 12-6-16)

(6)

Construction 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. (Ord. No. 32-16, § 2, 12-6-16)