This article sets forth regulations to protect the city's natural and manmade resources from the effects of land development; protect soils and groundwater from harmful pollutants; conserve and promote fisheries, vegetative communities, and wildlife habitats; reduce flood hazards, erosion, and storm damage; and preserve and enhance the city's attractive appearance. As such, these regulations supplement the requirements of the state department of environmental protection. In the event of conflict between state requirements and requirements of this article, the most stringent requirements shall apply.

The following provisions shall apply in all zoning districts within the city.

(a)

Required plantings.

(1)

All developed lots within the city shall be landscaped in accordance with the provisions of this division. All lots to be developed or redeveloped shall be landscaped before a certificate of occupancy is issued.

(2)

All pervious areas shall be designed and maintained in a manner which allows water to percolate into the ground and prevents erosion from wind or rain.

(3)

The principles of Florida-friendly landscaping, as defined in F.S. ch. 373, shall be used for all new development and redevelopment. Excluding the grass lawn, at least 50 percent of the number of ground covers, grasses, vines, shrubs, and trees comprising the landscape shall be native plants. A list of native trees and plants known to survive within this region is listed in section 30-704.

(4)

Plants in the Florida Exotic Pest Plant Council's most current list of invasive species shall be removed from a property during development or redevelopment and shall not be used in landscapes.

(5)

Each lot shall contain at least one tree and five shrubs for each 2,000 square feet of lot area. At least 50 percent of the trees and shrubs shall be placed between the principal structure and any abutting street(s). Palm trees with at least six feet of clear trunk may be substituted for required trees at a ratio of three palms per required tree.

(6)

Property owners shall obtain a permit from the city before planting any tree or shrub in a right-of-way. The city reserves the right to remove any tree or planting within any right-of-way.

(7)

Any perimeter earth berm required by the St. Johns River Water Management District shall be landscaped in accordance with (3) and (4) above. Such landscaping shall provide continuous ground cover within one year of planting.

(b)

Maintenance.

(1)

Landscaping shall be maintained in a neat and attractive manner and shall meet the following standards:

a.

Landscaping shall be healthy and free of weeds, refuse, debris, and pests.

b.

Grass and weeds shall be no higher than six inches on improved lots and 12 inches on unimproved lots, except that native grasses in landscapes and publicly-owned conservation areas do not need to be cut as long as they are healthy and free of pests and weeds and do not constitute a fire hazard.

c.

Landscaping shall not interfere with overhead utility lines or underground utility cables or pipes.

(2)

Except where the city regularly maintains landscaping in the right-of-way, property owners shall be responsible for maintaining landscaping in the right-of-way abutting their property. The area required to be maintained shall extend to the street pavement, including easements and rights-of-way on the property, regardless of the placement of any fence on the property.

(3)

It shall be prohibited to create nuisances or safety hazards such as any vegetation growing in or upon improved roadways, gutters, or sidewalks; standing pools of water; holes; or windblown soil or soil erosion caused by the absence of landscaping.

(4)

Correction of violations by city.

a.

Failure to comply with notice of violation; authority of code enforcement officer. Upon the failure, neglect or refusal of any owner, or agent of such owner, to comply with an order from the code enforcement officer to eliminate a violation of section 30-702 (b) within:

(1)

Fifteen days after receipt of written notice of violation;

(2)

Fifteen days after the date of such notice if the notice is returned to the city because of inability of the postal service to make delivery thereof, provided that the notice was properly addressed to the last known address of the owner, or the agent of such owner; or

(3)

Fifteen days of personal service of such notice upon the owner, or the agent of the owner;

the code enforcement officer may authorize the removal of such violations by the city and the code enforcement officer may authorize payment for the services necessary to remedy the violation. The city and its agents, employees or contractors are authorized to enter upon the property described in this notice to remedy the violations. The code enforcement officer shall invoice the owner of the property for the services rendered pursuant to this section. The remedies provided in this section are cumulative to those otherwise provided by law.

b.

Lien for payment of costs. Where the amount due the city is not paid by such owner within 30 days after the services are performed to remedy the violation by or on behalf of the city under section 30-763, 30-768 or 30-769 the city manager shall cause to be recorded in the public records of the county a sworn statement showing the cost and expenses incurred for the work done and the date, place and property on which such work was done. The recordation of such sworn statement shall constitute a lien on the property for the amount due in principal labor, administrative costs and fees incurred by the city, plus interest and costs of court, if any, for collection, including reasonable attorney's fees, until payment has been made. The effective date of such lien shall relate back to the mailing of the invoice provided for in this article. Such costs and expenses shall be collected in the manner fixed by law for the foreclosure of mortgages or, alternatively, for the foreclosure of special assessment liens, and, further, shall be subject to interest at the highest rate established by law. Sworn statements recorded in accordance with the provisions of this subsection shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the amount is due and collectible as provided by law. A lien created under this section shall have the same force, effect, stature and character of liens for special assessments authorized pursuant to F.S. ch. 170, with the same penalties and with the same rights of collection, foreclosure, sale, payment, fees and costs and all other rights and remedies that pertain to special assessment liens. Specifically, the lien shall remain in force as long as it shall remain unpaid.

(c)

Removal or relocation.

(1)

Property owners shall obtain a permit before removing or relocating a protected tree. As a condition for issuing the permit, the building official may require the permittee to allow the city or its designee to relocate the tree at the expense of the city or designee. The building official shall require that the tree be relocated in a timely manner that does not cause more than minimal delay for development activities on the site.

(2)

Property owners shall trim or remove any trees or shrubs, or parts thereof, which overhang or interfere with visibility triangles, traffic control devices, public sidewalks, rights-of-way, or property owned by the city.

(3)

Property owners shall remove within 60 days any tree or shrub that has died or become severely diseased or damaged.

(4)

The city shall have the authority to order the removal of any problem tree, shrub, or part thereof.

(5)

If the removal of any tree or shrub causes the number of remaining trees and shrubs to fall below the minimum number required by this division, a replacement tree or shrub shall be planted within 30 days after removal.

(Ord. No. 972, § 34, 8-15-07)

In addition to the provisions in section 30-702, the following provisions shall apply in all zoning districts except single-family and duplex zoning districts.

(a)

At every interval of no more than ten parking spaces, there shall be a pervious landscaped area of at least 100 square feet containing at least one tree. When a site has more than 50 parking spaces, additional landscaping totaling at least five percent of the paved surface area shall also be planted throughout the parking area. The trees required by this subsection may be counted toward the trees required by subsection 30-702(a)(5).

(b)

In addition to the requirements in subsections 30-702(a)(5) and 30-703(a), a landscaped buffer shall be provided between the parking spaces and all abutting properties and rights-of-way. Such buffers shall be at least ten feet wide. These buffers shall contain at least one tree and ten shrubs in each 25-foot interval. Shrubs shall be planted to form a continuous hedge and shall be at least 30 inches high at the time of planting. If planting occurs on a mound, the height calculation may include the height of the mound. All trees and shrubs shall be planted to meander within the ten-foot buffer.

(c)

A buffer containing at least one tree other than a palm tree for each 25-foot interval shall be provided along any property line which abuts or is within 50 feet of single-family and duplex zoning district. When rezoning creates a nonconformity with this subsection's buffer requirements, the owner of the rezoned property shall install the required tree buffer.

(Ord. No. 946, § 12, 8-16-06; Ord. No. 972, § 35, 8-15-07)

LEGEND

+ Cold tolerant

- Cold intolerant

GRASSES

GROUND COVER

LARGE TREES

* Commercial applications around retention areas

MEDIUM TREE

PALMS

SHRUBS

SMALL TREES

VINES

WILDFLOWERS

DAMP TO WET AREA PLANTS

(a)

Plants approved for use along the A1A corridor.

However, Elaeagnus shall not be a plant eligible for funding under the Façade Grant Program.

(b)

The following plants may be used along the A1A corridor if protected from the direct wind and salt spray:

(Ord. No. 982, § 2, 12-19-07)

(a)

The following trees are considered non-native, noxious, invasive species and shall be removed from all properties within the city on or before January 8, 2016.

Brazilian pepper (Schinus terebinthifolius)

Melaleuca (Melaleuca quinquenervia)

Australian pine (Causarina equisetifolia)

(b)

Removal as provided in subparagraph (a) shall not be required for melaleuca trees that have a diameter of eight inches or greater at breast height on October 7, 2015. However, if the building official determines that any melaleuca trees are propagating, such trees shall be removed within 60 days of notice provided by the city.

(Ord. No. 972, § 36, 8-15-07; Ord. No. 982, § 3, 12-19-07; Ord. No. 1107, § 2, 10-7-15)

Editor's note— Section 3 of Ord. No. 982, adopted Dec. 19, 2007, renumbered former § 30-705 as § 30-706.

The design and performance of surface water runoff management systems within the city shall comply with applicable federal and state regulations, rules of the St. Johns River Water Management District, and the provisions of this article. In the event of any conflicting provisions in these regulations and rules, the most restrictive provision shall apply.

All development and redevelopment shall be designed, constructed, and maintained so that the characteristics of surface water runoff shall approximate the rate, volume, quality, and timing of runoff that occurred under the site's natural unimproved state, except that at least the first inch of runoff shall be treated in an on-site retention system.

Surface water runoff management systems, which shall be certified by a licensed engineer as meeting the requirements of this chapter, shall be designed to meet the following minimum standards:

(a)

Have a design service life of at least 50 years.

(b)

Treat the surface water runoff that originates on the site and have sufficient capacity to allow water from adjacent lands to flow unimpeded across the site, without adversely affecting any conservation easement.

(c)

Use on-site percolation to the maximum extent practicable.

(d)

Slope the banks of detention and retention areas to accommodate appropriate native vegetation. Bank slopes shall be no steeper than a one-foot-vertical to four-foot-horizontal ratio.

(e)

To the maximum extent practicable, achieve water reuse and conservation by incorporating the surface water management system into landscape irrigation systems.

(f)

Along the edge of all surface waters, retain or create vegetated buffers of sufficient width to prevent erosion.

(g)

Be easily accessible for maintenance and repair.

(h)

Shall not direct surface water runoff into sanitary sewers.

(i)

Shall not impede the performance of other drainage systems.

(j)

Shall not use natural surface waters as sediment traps.

(k)

In phased developments, the surface water management system serving each phase of development shall meet all the requirements of this division.

If the city engineer determines that a surface water runoff management system will function as an integral part of the city's system, the facilities shall be dedicated to the city. All other surface water runoff management systems shall be operated and maintained in accordance with the performance and design standards of this division by the property owner or legal entity having control of the property.

(a)

[Reserved.]

(b)

Wells shall not flow unrestricted.

(c)

Wells shall discharge only when the water is being used for its intended purpose (e.g., irrigation or water-to-air heat exchange). Any water discharged from a well must be contained on the property.

(d)

No irrigation system shall spray water onto any paved portion of a public right-of-way.

(e)

Any well made nonconforming by this section shall be made to conform when the equipment is replaced or the building official determines that current conditions are creating undue harm.

(f)

The property owner shall hire a state-licensed water-well contractor to do the following:

(1)

Within 30 days after installation of a new artesian well is completed, grout all other artesian wells on the property. The only exceptions shall be that multiple artesian wells shall be allowed if needed to (a) provide sufficient capacity to meet water needs demonstrated in the permit application, (b) return discharged water to the originating aquifer, or (c) avoid problems certified by the contractor or a licensed engineer regarding feedback from multiple uses of the water or other specifically-identified engineering problems.

(2)

Within ten days after discovery that a well is free-flowing, repair or grout the well.

(3)

Within five days after discovery that water is flowing outside a well casing, repair or grout the well.

(4)

Within 30 days after an artesian well has been abandoned, grout the well. Capping an abandoned artesian well shall be prohibited. A well shall be considered abandoned when it has been permanently discontinued for any reason or when the building official deems that its state of disrepair makes it impracticable for the well to serve its intended purpose.

(Ord. No. 972, § 37, 8-15-07)

In addition to complying with the provisions regarding wells in section 30-714, water source heat pump systems shall also meet the following requirements:

(a)

Use of artesian wells. Water discharged from water source heat pump systems shall be returned to a subterranean level in a manner that prevents localized flooding. No person shall attach such system to an existing artesian well or drill an artesian well for use with such system, unless a second well of equal or greater size and depth is drilled to return withdrawn water to the aquifer of origin. This requirement shall not apply to artesian wells with such systems in existence when this division was adopted, but shall apply to (1) any replacement of the well or heat pump or (2) any air conditioner water discharge that is disconnected from any surface water runoff management system.

(b)

Use of shallow wells. Water source heat pump systems using shallow wells to withdraw water from the surficial aquifer may be installed as a single-well system.

Deed restrictions pertaining to developments within the city shall encourage plantings, structures, and practices that would reduce the harmful impacts of surface water runoff on the Indian River Lagoon.

(a)

[Intent]. It is the intent of this ordinance to establish regulations governing shorelines and wetlands within the City of Satellite Beach. It is acknowledged that both the state and federal governments have regulations governing these issues and that certain areas of regulation in this field have been preempted to the State of Florida or the United States. However, in the event of conflict between the regulations contained herein and any non-preempted state or federal regulations, the most restrictive regulations shall prevail.

(b)

Establishment. There are hereby established within the city two environmentally-sensitive zones in which special restrictions on activities and uses shall apply. These zones (hereinafter "protection zones") shall be known as the ocean bluff protection zone and the estuarine shoreline protection zone.

(c)

Request for determination of zone boundaries. A determination of the boundaries of a protection zone may be obtained by submitting a request for same to the building department. The request must set forth an adequate description of the land; the nature of the requestor's right to ownership or control of the land; a survey of the land which includes the location of any ocean bluff, dune crest and slopes, armoring, and wetlands; and any other information the building official requests to make the determination.

(d)

Permits. All activity not specifically allowed by this article is prohibited, notwithstanding the ability to obtain a state or federal permit, unless controlling authority is preempted to the state or federal government. Activities requiring permits shall not commence until all required permits have been issued by the city and all other applicable regulatory agencies. Permits from other agencies shall be provided to the city before the city will issue its permit. All permit applications shall be accompanied by the required application fee.

(e)

Restoration required. In both protection zones, where activities in violation of any provision of the city code have negatively impacted a dune or wetland, even to the extent that the area no longer meets the definition of a dune or wetland, the owner of the property shall be required to restore the area to its original condition. Any violative activities shall be suspended until corrective action is completed.

Except where noted otherwise, the provisions of this section shall apply in both protection zones. Except where provided otherwise, all allowed activities shall require a permit from the city. Only the following activities and uses shall be allowed, subject to the provisions of this article and requirements of applicable regulatory agencies:

(a)

In the ocean bluff protection zone, construction, repair, or replacement of wooden or plastic dune crossovers. In the estuarine shoreline protection zone, construction, repair, or replacement of wooden or plastic catwalks and boardwalks, docks, piers, boat ramps, mooring piles, boat lifts, boat slips, and davits. Pilings shall be set to the desired depth by the least disruptive method. All structures shall be designed to minimize beach, ocean bluff, dune, and wetland disruption. Permits are required for these activities from the city and other applicable regulatory agencies.

(b)

Construction, repair, or replacement of armoring, to include any necessary excavation. Permits are required for these activities from the city and other applicable regulatory agencies.

(c)

Sand replenishment in the ocean bluff protection zone. Permits are required for this activity from the city and other applicable regulatory agencies.

(d)

Planting, restoration, or enhancement of native vegetation indigenous to the ocean coastline or Banana River shoreline in Brevard County.

(e)

Removing exotic vegetation.

(f)

Surface water runoff discharge in the estuarine shoreline protection zone. Permits are required for this activity from the city and other applicable regulatory agencies.

(g)

Aids to navigation in the estuarine shoreline protection zone.

(h)

Scenic, historic, wildlife, or scientific preserves.

(i)

Recreational fishing and beach activities.

(a)

No equipment or wheeled or tracked vehicles shall be used in the protection zones except to construct, repair, replace, or remove armoring and for the return of sand to the beach or dunes. Any damage due to such equipment or vehicle shall be repaired to restore the impacted area to at least its pre-disturbance condition.

(b)

Jetties, groins, and other construction which diverts drifting sand onto the local beach and dune system or alters the natural coastal currents are prohibited.

Except where noted otherwise, the provisions of this section shall apply in both protection zones. To minimize adverse impacts, the activities and uses allowed by this section:

(a)

Shall not impede the movement of nesting sea turtles or disturb sea turtle nests in the ocean bluff protection zone, and shall not impede the movement of shallow-water aquatic life in the estuarine shoreline protection zone.

(b)

Shall not impede surface-water flows in the estuarine shoreline protection zone.

(c)

Shall maintain existing public access to the beach in the ocean bluff protection zone.

(d)

Shall maintain existing flood-channel capacity in the estuarine shoreline protection zone.

(e)

Shall not undermine dune-bluff or shoreline embankments. If necessary, permits shall impose dune-bluff or shoreline stabilization requirements during any period activity is undertaken.

(f)

Shall not introduce silt or other sediment onto the beach or into waterways except within the conditions of a permitted activity. If sediment is introduced, it shall be removed by the property owner or permittee.

(g)

Shall be performed in the least intrusive manner possible without damage to any lands.

(h)

May be limited to an area delineated by the building official.

Except where noted otherwise, the provisions of this section shall apply to both protection zones.

(a)

Removal.

(1)

Exotic vegetation shall be regularly removed by the least damaging means. All cleared vegetation shall be removed from the site and not piled elsewhere in the protection zones.

(2)

In the estuarine shoreline protection zone, permits from the city and other applicable regulatory agencies shall be required to remove native vegetation from wetlands and any wetland buffer zones designated by other agencies. Such removal shall be permitted only for activities and uses authorized by this article.

(b)

Planting.

(1)

Restoration. Any soil or coastal- or estuarine-shoreline native vegetation within the protection zones that is disturbed or damaged shall be restored to its condition prior to disturbance or damage. Vegetation of equal kind and coverage shall replace the native vegetation damaged, killed, or removed during any construction activity. Coastal- or estuarine-shoreline native vegetation, as applicable, shall replace removed exotic vegetation. Such restoration shall occur within 90 days of any damage, destruction, or removal except as otherwise provided within this article. These requirements shall be in addition to any other penalties that may be imposed by law for such damage, destruction, or removal.

(2)

Plant selection. The species mix of selected plants shall be formulated to approximate that of any nearby natural dune communities. Only plants from nurseries or other legitimate donor sites shall be used; plants collected from wild or semi-wild areas are prohibited.

(3)

Plant density. Plants should be arranged in random groupings, and the number of plants should be based on an average spacing of 12 to 18 inches.

(4)

Fertilization. Fertilization shall be allowed for 18 months after planting.

(5)

Irrigation. Temporary irrigation systems may be installed above the ground and shall be removed or disconnected from the water source no later than 18 months after planting. Systems shall be designed and operated to encourage deep-rooting of the vegetation and shall be under separate control from irrigation systems serving the upland property.

(6)

Trimming. In the ocean bluff protection zone, only sea grape and saw palmetto plants may be trimmed. Unless more restrictively provided by state or federal regulation, no trimming shall be allowed below four feet above the ground. Trimming in the estuarine shoreline protection zone shall be in accordance with State of Florida requirements. A permit from the city is required for this activity.

Owners of all properties in the ocean bluff protection zone may add sand to their dune to compensate for sand losses. The following conditions shall apply to all permits issued pursuant to this section:

(a)

Purpose. Sand shall be placed only for dune restoration or armoring cover.

(b)

Sand source. All sand shall come from a source west of the coastal construction control line or from a source authorized by the city and by the Florida Department of Environmental Protection pursuant to Chapter 16B-41, FAC.

(c)

Sand quality. All sand shall be beach-quality sand.

(d)

Non-impactive design. All additions of sand shall be designed for minimum impact on existing coastal native vegetation. If there are any state or federal endangered or threatened plant species on the site, special care shall be taken to avoid covering these plants. If the addition of sand will unavoidably impact such plants, the property owner must relocate those species within the dune system. Any such plant which will not survive relocation shall be replaced with a specimen of the same species which is expected to survive, normally a nursery-grown specimen.

(e)

Restoration planting. Restoration planting shall be required in areas where sand is added and where coastal native vegetation is damaged as a result of the sand addition. Vegetation must be planted from the toe of the restored dune to the upland area.

(f)

Trash removal. All trash on the beach or dune must be removed. Dead wood, seaweed, and other biological matter may be left on the beach. In addition, all trash on the dune shall be removed every six months until coastal native vegetation is established on the filled area.

In the estuarine shoreline protection zone, both dredging and filling are prohibited except for environmental restoration projects undertaken by, or in conjunction with, the city.

In both protection zones, it shall be prohibited to discharge the following into any waterway, surface water runoff management system, or protection zone by any means which allows wastes to seep, leach, or otherwise enter into these areas: (i) water containing heavy metals, herbicides, pesticides, or any other toxic substances in excess of concentrations established by county, state, or federal guidelines; and (ii) sludge, sewage, or septic-system effluent. In addition, water from the construction, maintenance, or repair of any pool or spa shall not be discharged directly into any waterway.

(a)

No armoring shall block public access to the ocean beach at mean high tide; impede the normal flow of boat traffic; or create a hazard to swimming, marine life, water sports, other armoring, or adjoining property.

(b)

Before new armoring is constructed or existing armoring is replaced, property owner(s) and person(s) having a security interest in such property shall consent in writing to: (i) authorizing a special assessment to repair, replace, or remove any armoring and place any sand to fulfill the requirements of section 30-730, and (ii) acknowledging that any lien imposed as a result of such assessment is of the same dignity and priority as those imposed by F.S. ch. 170.

(c)

The building official shall periodically inspect the condition of all armoring within the city. If the building official determines that any portion of any armoring violates any provision of this article or is not being maintained according to permit specifications, the building official shall provide written notice to the owner to correct the deficiency. The notice shall require the work to be completed within 30 days of the notice date. The building official may grant an extension upon a showing of good cause for an extension. If the deficiency is not corrected in the time provided in said notice, the city may contract to have the necessary work performed in accordance with section 30-736.

(d)

Armoring shall be maintained so as to prevent it from becoming deteriorated, structurally unsound, unsafe, or otherwise not in compliance with applicable provisions of this article.

Except where noted otherwise, the provisions of this section shall apply to the ocean bluff protection zone. New armoring shall be permitted subject to the following:

(a)

Permits issued by the city to construct armoring shall include a readily-visible disclaimer containing the following provisions:

(1)

Issuance of a permit by the city does not constitute an assertion or representation that the city warrants the design or construction for proper armoring function.

(2)

The city will replace sand if the owner fails to comply with section 30-730, but will not repair or replace damaged armoring.

(3)

The owner shall remove rubble resulting from damaged armoring.

(b)

The seaward top of any vertical armoring shall not extend farther than 22 feet from the primary structure to be protected.

(c)

All vertical armoring that does not directly tie into adjacent armoring shall have return walls constructed to prevent erosion behind the armoring. The return wall shall not extend farther than 15 feet from the primary structure to be protected. A return wall shall be no closer to the side property line than is required to fully maintain sand in front of the return wall as provided for in section 30-730. However, if the primary structure is too close to the property line to make this possible, the return wall may be placed as close to the property line as the adjoining property owner is willing to allow in writing, and the owner of the return wall must maintain the required covering of sand seaward of the wall.

(d)

In the estuarine shoreline protection zone, new armoring shall be sloping coquina revetment or other alternative determined by the city and the Florida Department of Environmental Protection to be at least equally environmentally acceptable. For such new armoring, the toe of the revetment shall extend no farther than necessary to construct a stable revetment, up to a maximum of three feet waterward of the mean low-tide line. However, in no event shall it extend farther than one-foot waterward of any platted property line.

(e)

In the ocean bluff protection zone, any new armoring may be constructed provided that the new armoring is a coquina revetment system and is in compliance with section 30-728 and section 30-730. The toe of the revetment system must not be any further seaward than that of the toe of the dune. Coquina returns must be constructed along each side if no adjacent armoring is in existence.

This section shall apply to the ocean bluff protection zone.

(a)

For armoring in existence when this article was enacted, the owner of the armoring shall maintain sufficient beach-quality sand seaward of the armoring and return walls to maintain at least a five-foot-wide strip of sand between the armoring and the seasonal high-water line. This sand profile shall be restored within six months after it fails to meet these requirements.

(b)

For armoring constructed after adoption of this article, the owner of the armoring shall at all times maintain sufficient beach-quality sand seaward of the armoring and along the sides of all return walls to cover the armoring and walls to within one-foot of their top.

(c)

All sand must be vegetated in accordance with section 30-724 of this article.

Unless noted otherwise, this section shall apply to both protection zones. Armoring may be replaced subject to applicable provisions in sections 30-728, 30-729, and 30-730 and the following requirements:

(a)

In the estuarine shoreline protection zone, vertical armoring may be replaced with either vertical armoring or sloping coquina revetment; sloping coquina revetment may be replaced only with sloping coquina revetment.

(b)

No replacement armoring shall extend farther than one foot waterward of the top of earth bearing component of the existing armoring. Such components consist of the rigid, earth-bearing material (usually sheet piles, corrugated panels, concrete or wooden planks) holding the soil in place behind the armoring. The only exception shall be that, in the estuarine shoreline protection zone, the toe of a sloping coquina revetment which replaces vertical armoring shall extend no farther than necessary to construct a stable revetment with its top at the same elevation as the original armoring, but in no event farther than three feet waterward of the armoring being replaced. Notwithstanding the foregoing allowances, in no event shall armoring extend farther than one foot waterward of any platted property line. The extensions described in this paragraph are a one-time extension which may not be repeated for any subsequent replacement.

(c)

In the ocean bluff protection zone, existing armoring may be replaced provided that the new armoring is a coquina revetment system and is in compliance with section 30-728 and section 30-730. The toe of the revetment system must not be any further seaward than that of the existing armoring. Coquina returns must be constructed along each side if no adjacent armoring is in existence.

(Ord. No. 972, § 38, 8-15-07)

(a)

In both protection zones, whenever more than half the length of any nonconforming armoring is replaced within a three-year period, the replacement armoring shall conform to the provisions of this article.

(b)

In the ocean bluff protection zone, whenever a primary structure being protected by nonconforming armoring is damaged beyond ⅔ of its assessed value, such armoring shall be removed and may be replaced as long as the new armoring conforms to the provisions of this article. However, the nonconforming armoring may remain if (i) the underground utilities, foundation, concrete floors, and exterior walls of the primary structure are each at least 95 percent intact and (ii) the exterior envelope of the repaired primary structure will nowhere extend beyond its pre-damage configuration.

In both protection zones, the owner of property containing an unarmored shoreline embankment shall stabilize it with coastal or estuarine shoreline native vegetation to hold the soil and protect the embankment in accordance with section 30-724(b).

(a)

"Seawall" means a manmade wall or encroachment, except riprap, which is made to break the force of waves and to protect the shore from erosion.

(b)

It shall be unlawful to construct, alter, or repair any seawall in any body of water without first obtaining a construction permit. All alterations and repairs to seawalls where more than 50 percent of the seawall will be repaired or altered shall be considered new construction and shall meet the requirements of this article. Minor repairs not affecting the structural integrity of the seawall may be undertaken without a building permit.

(c)

Prior to issuance of a construction permit for construction of a seawall in a public drainage easement or drainage right-of-way, a site plan showing the location of the proposed construction shall be submitted to the public works department for approval. In cases where the public works director determines that the proposed seawall shall interfere with the primary function of the drainage easement or right-of-way, the construction permit will be denied.

(d)

Before a building permit is issued by the city, copies of all permits required by other government agencies must be furnished.

(e)

Seawall plans and specifications shall be prepared, signed and sealed by an engineer registered in the state.

(f)

The maximum height from mean high water to top of seawall cap shall be five feet or three feet above adjacent grade, whichever is less.

(g)

Drainage filter fabric shall be placed between sheet pilings and backfill material extending horizontally a minimum of four feet at the toe of the slope into the fill and fastened over the top of the whaler.

(Ord. No. 1269, § 2, 3-5-25)

(a)

Failure to comply with notice of violation. Upon the failure of any owner or owner's agent to comply with an order from the building official to eliminate a violation of this Article within the time allotted in section 30-728(c) or within 15 days after the date of written notice was sent pursuant to section 2-348 to the owner's last known address at the county property appraiser's office if the postal service returned the notice as undeliverable, the building official shall report to the city council and request a resolution authorizing the work to be done and the cost assessed against the property in accordance with the procedure for levying special assessments pursuant to law. Any lien imposed for such work shall be payable at the time and manner set forth in the resolution. Any such lien shall be co-equal with the lien of all state, county, district, and municipal taxes, superior in dignity to all other liens, title, and claims until paid. At any public hearing set to confirm the lien and order the work, the property owner may present evidence that the work is not necessary; that the condition of the applicable land, vegetation, or structure does not violate the provisions of this article; or that the cost exceeds the quotes obtained by the city for said work.

(b)

Where a special assessment does not apply, the city shall pursue correction of violations in accordance with the code enforcement provisions of the city code.

(c)

Conditions causing irreparable harm. When the building official or code enforcement officer determines that a condition exists which is likely to result in irreparable harm to the environment or adjacent properties, the city may seek any and all legal and equitable remedies available to it, including injunctive and nuisance-abatement actions. In any such action, the city shall be entitled to recover attorney's fees and costs against the defendant(s) in any such action.

(d)

The provisions of this section are cumulative to any other remedies available to the city to remedy violations of this article.

(a)

The city desires to prohibit the construction of any structures seaward of the coastal setback line and:

(1)

To create a buffer between the CCCL and the structures by creating a new setback landward of the CCCL;

(2)

To discourage the further construction of rigid coastal and shore protection structures;

(3)

To regulate the location of development and redevelopment of all properties located east of Highway A1A;

(4)

To define that portion of the beach-dune system which is subject to severe fluctuations based on conditions associated with erosion, storm surge, sea level rise, or hurricanes;

(5)

To implement the coastal element of the city's comprehensive plan;

(6)

To promote a managed retreat from the sensitive ocean bluff and erosion adaptation action areas; and

(7)

To employ special construction standards and processes for structures to be located landward of the coastal construction control line, so as to protect the structures and human life from the perils of storm and sea.

(b)

The city manager, or designee, shall be responsible for the implementation, administration, interpretation and decision-making regarding provisions of this division.

(c)

In the event of a conflict between this division and other provisions of the land development regulations in relation to development, redevelopment, construction, reconstruction, modification, repair, or replacement of any principal or accessory structure(s) on lands east of Highway A1A, or Ordinance No. 1088 and the National Flood Insurance Program, the most restrictive regulations shall govern.

(d)

The terms oceanfront lot, lots east of Highway A1A, and lots within the EAAA shall refer to all lots lying east of Highway A1A as of November 7, 2018 and shall hereinafter be referred to in this section as "lot" or "lots."

(Ord. No. 1160, § 8, 11-7-18)

(a)

The city has determined that the 1981 coastal construction control line (CCCL) set by the state shall be the governing line for controlling development and redevelopment of all lands lying east of Highway A1A in the city and that a coastal setback line (CSL) shall be established at 15 feet landward of the 1981 CCCL.

(b)

No new principal structure(s) or accessory structure(s) shall be constructed seaward of the coastal setback line.

(c)

All excavations, including the removal or alteration of soil, sand or vegetation by digging, dredging, filling, drilling, cutting, scooping or hollowing out shall be prohibited seaward of the coastal setback line. This subsection shall not preclude FDEP permitted sandbag systems for vulnerable structures as defined in this Code, beach renourishment projects, beach restoration projects, or dune restoration projects, nor shall this subsection preclude rigid coastal and shore protection structures approved by the city in emergency situations in accordance with article VII, division 3B, armoring.

(d)

Native dune vegetation seaward of the FDEP 1981 coastal construction control line (CCCL) shall not be removed. Clearing of any native dune vegetation landward of the CCCL shall be the minimum necessary for the construction of the structure. Clearing shall be accomplished without the use of motorized vehicles. Any altered or cleared areas shall be re-vegetated with native dune plant species following completion of the construction and shall be planted at such density to achieve a minimum coverage of 80 percent within one year following planting. A clearing and re-vegetation plan shall be submitted for approval in conjunction with the building permit application.

(Ord. No. 1160, § 8, 11-7-18)

The following shall govern the construction, reconstruction, modification, repair or replacement of principal or accessory structures or portions thereof for all properties located east of Highway A1A.

(1)

The requirements of this section shall not prevent construction or replacement of a single-family residence on any lot where the structure is at least 1,100 square feet, the structure is constructed 15 feet landward of the coastal construction control line and within the required setbacks of this section, and all other requirements of this division are met.

(2)

All principal and accessory structures shall be setback from the CCCL as follows:

a.

All new principal and accessory structures greater than 150 square feet shall be setback a minimum of 15 feet landward of the CCCL.

b.

All other accessory structures shall be setback a minimum of ten feet landward of the coastal setback line.

(3)

Any principal structure may be built or re-built, constructed or reconstructed within the remaining lot boundaries regardless of the zoning district and without requiring a variance as follows:

a.

Minimum front setback shall be five feet from the front lot line.

b.

Side setbacks shall meet all minimum breezeway requirements contained in the city's land development regulations.

c.

Side corner: Five feet minimum on the street side must be maintained, and may be included in the breezeway requirements.

d.

A 15 feet setback landward of the CCCL shall be maintained on any portion of the lot that is nearest the CCCL.

e.

Other setback requirements as dictated by the governing zoning district not in conflict with this division.

(4)

If any principal or accessory structure(s), or portion of such structure(s), located on any lot, extends seaward of the CCCL and (i) sustains less than substantial damage due to catastrophic events such as erosion, sea level rise, storm surge, hurricanes or similar natural event or cause, and whose foundation is determined in the opinion of the building official to be undamaged, or (ii) sustains any damage due to other casualty not included in (i) above, that does not affect the foundation, the owner shall be allowed to modify, maintain, repair or rebuild on the existing foundation, including the undamaged portion of the foundation that is located seaward of the CCCL, subject to and in conformance with other provisions of this division and applicable sections of the land development regulations and any limitations contained in Ordinance No. 1088.

Note: this is one of the grandfather clauses and it applies when there is less than substantial damage as defined herein; an owner can modify in place for catastrophic event, including erosion. The county's ordinance excludes erosion, but allows for all others noted.

(5)

When a principal or accessory structure(s) or portion of such structure(s), located on any lot extends seaward of the CCCL sustains substantial damage or becomes in the opinion of the building official a vulnerable structure due to erosion, sea level rise, storm surge, or hurricanes or other disaster, or any portion of the foundation lying seaward of the CCCL is required to be removed, repaired, or replaced, that portion of the principal or accessory structure extending seaward of the CCCL shall be removed, re-constructed or replaced in conformance with the setbacks set forth in this section and no portion of such remaining structure(s) shall be located seaward of the CCCL.

(6)

New or reconstructed principal residential structures required by this division, on all lands lying east of Highway A1A in all flood zones, shall meet the following standards:

a.

All habitable space and the lowest floor shall be elevated above any dune vegetation and be built on approved stilts/pilings to a minimum of three feet above the BFE. In accordance with FEMA and NFIP regulations, the area below an elevated building can be used only for parking, building access, bathroom or storage. Enclosures shall conform to FEMA and NFIP standards. No mechanical, electrical, or plumbing equipment is to be installed below the BFE, except in accordance with FEMA and NFIP.

b.

An owner may elevate the structure more than three feet of the BFE as desired and approved by the building official and in accordance with FEMA and NFIP standards.

(7)

Non-residential commercial structures which because of their intended use, must be constructed on grade, shall be flood-proofed to or above BFE elevation as outlined for the various FIRM zones and in accordance with the standards adopted by the city.

(8)

If a property is located within ten feet of the dune crest line, the owner shall assume responsibility of maintaining the dune profile at the property by submitting a perpetual dune maintenance plan sealed by a professional engineer or landscape architect and submitted to the city for review. The plan shall establish the minimum necessary sand requirements so as to:

a.

Minimize adverse impacts to the naturally functioning beach and dune system;

b.

Minimize adverse impacts to adjacent properties;

c.

Be designed so as to not impede public access to or along the shore;

d.

Avoid any adverse impact to marine turtles or their nesting habitat; and

e.

Provide appropriate monitoring to ensure compliance with the dune maintenance plan. Failure of the property owner to maintain the dune in accordance with the approved plan shall constitute a violation of this division.

(9)

The setback provisions of this division shall not apply to any modification, maintenance or repair of any pre-existing non-conforming principal or accessory structure as of November 7, 2018, provided that such modification, maintenance or repair is not caused by erosion, sea level rise, storm surge, or hurricanes or other disaster, and the modification, maintenance or repair:

a.

Does not expand the structure further into the area seaward of the coastal setback line;

b.

Does not alter the foundation area seaward of the CCCL except as is necessary to meet current building code for the existing use;

c.

Does not convert principal structures into accessory structures or accessory structures into principal structures.

(10)

To the extent that portions of a lot lying east of Highway A1A becomes unusable or unbuildable due to damage by erosion, sea level rise, storm surge, or hurricanes, the remaining portions of such lots shall be deemed buildable and no variance will be required for use of the remaining lot event if it does not meet the required lot size in the zoning district in which it is located, as long as all other provisions of this division can be met.

(11)

Fences on lands adjacent to or bisected by the CCCL shall meet the following standards, in addition to the requirements of section 30-516. Fences may not be located seaward of the CCCL and for the side parallel to the Atlantic Ocean, no fence shall be allowed to exceed six feet in height.

(Ord. No. 1160, § 8, 11-7-18)

The board of adjustment may consider granting a variance to the CCCL setback on lands used for single family, townhome or duplex purposes on lots located east of Highway A1A when the foundation of the principal or accessory structure(s) is/are damaged by catastrophic events such as hurricanes, storm surge, sea level rise, or similar natural event or cause, except erosion, as well as any other casualty. For erosion events, the provisions of subsection 30-739(f) shall apply. The following provisions and considerations shall apply.

(1)

In no event shall the board of adjustment have authority to grant a variance that allows any principal structure, or any accessory structure to be less than five feet landward of the CCCL.

(2)

The board of adjustment may only grant a variance when in their opinion:

a.

The variance shall not be injurious to adjacent properties, or contrary to the public interest;

b.

The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; and

c.

That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such use variance will not be injurious to the area involved or otherwise detrimental to the environment or public welfare.

(3)

Nothing in this division shall preclude any property owner to apply for a variance to other code requirements not identified herein for any lot east of Highway A1A.

(4)

When any property is granted a variance allowing a replacement structure or portions thereof, to be built less than 15 feet landward of the CCCL, the building official may also apply such reasonable conditions as deemed necessary based upon the particular situation of the property and damage and/or as needed to maintain the purpose and intent of this division.

(5)

When any property is granted a variance allowing a new or replacement structure to be built less than 15 feet landward of the CCCL, in order to protect life and property and those on adjacent and surrounding properties, all habitable space and the lowest floor shall be elevated above any dune vegetation and be built on approved stilts/pilings to a minimum of ten feet above the BFE. In accordance with FEMA and NFIP regulations, the area below the lowest floor can be used only for parking, building access, bathroom or storage. Construction shall conform to FEMA and NFIP standards.

(6)

Properties where the principal or accessory structures have been substantially damaged due to erosion and where the foundations located seaward of the CCCL must be removed, are eligible to apply for a CCCL setback variance one time and must comply with the remaining required setbacks and building standards set forth in this section. The board of adjustment may grant the requested variance, after public hearing, in those cases where the facts presented at the public hearing evidence that the project meets the following conditions:

a.

Variances from the setback provisions of section 30-738 may be granted if the subject property has experienced net natural accretion since September 1972. This shall be linearly interpolated from survey data collected at the state department of natural resources monuments immediately north and south of the subject property. The accretion shall be demonstrated by:

1.

Measuring horizontal accumulation from the toe of the dune as it exists at the time of application, to the point on the dune as it existed in September, 1972, which corresponds to the same elevation as the toe of the dune as it exists at the time of application;

2.

Measuring net profile area increase between the county coastal setback line and the toe of the dune as located in 1., above. If there is net gain in the interpolated profile area, linear accretion shall be calculated by dividing the profile area by the dune height. The dune height shall also be interpolated from the state monuments located immediately north and south of the subject property by measuring from the toe of the dune, as located in 1., above, to the highest point of the dune seaward of the county coastal setback line; and

3.

That the granting of the variance shall not be injurious to adjacent properties, or contrary to the public interest.

b.

Minimum submittal requirements:

1.

In addition to requisite fees, forms, and other requirements set forth by the city for making application to the board of adjustment, an applicant shall also supply one copy of a topographic survey of the subject property, prepared or verified for accuracy not more than six months prior to date of application, and certified by a land surveyor registered in the state. The topographic survey shall include the following specific information:

A.

The location of the contour line corresponding to elevation zero NGVD.

B.

The location of any existing vegetation line on the subject property.

C.

The location of the established state department of natural resources coastal construction control line, the county coastal construction control line, the mean high-water line and the coastal setback line for the full width of the subject property, including the location and number of the two nearest baseline monuments of the state department of natural resources.

D.

The location of any existing structures on the subject property, and properties to the north and south, and the location of any proposed construction or activity.

2.

The applicant shall also submit one copy of detailed final construction plans and specifications for all structures proposed to be constructed seaward of the coastal setback line. These documents shall be signed and sealed by a professional engineer or architect, as appropriate, who must be registered in the state.

c.

A copy of the fully completed application for variance, together with all supporting documents, shall be reviewed by the building official. No variance granted by the city shall be deemed in effect until copies of applicable valid state permits for the same location and activity have been received by the building official.

(Ord. No. 1160, § 8, 11-7-18)

In order to reduce the fiscal impacts to the public, to the flood insurance program, or other publicly funded resources and to promote managed retreat from the CCCL, the following rules shall apply:

(1)

If the same property that received a setback variance for erosion is damaged by erosion, sea level rise, storm surge, hurricanes, or other disaster, the property is not eligible for another variance to the CCCL setback.

(2)

Any principal or accessory structure or structures that are substantially damaged after being replaced in their pre-damaged location under this division are damaged by any subsequent catastrophic incidence, such structures will thereafter be required to meet the prevailing setback or other locational requirements in effect at the time of the subsequent damage and not eligible for setback variance.

(3)

Should any property that has received a variance to the setback nearest the CCCL be damaged by erosion, that property is not eligible to receive another variance to the setback requirements; and the original variance becomes null and void.

(4)

Thereafter, that property shall conform to the requirements herein.

(Ord. No. 1160, § 8, 11-7-18)