§ 62-2105. Breezeway/visual corridors.

(a)

Oceanfront. The oceanfront breezeway/visual corridor is a corridor across the full depth of oceanfront properties which shall be reserved to ensure unrestricted movement of ocean breezes and to provide visual access to the ocean. The corridor shall include all land from the mean low-water line to State Road A1A or other dedicated public right-of-way running parallel to the ocean, whichever lies closer to the ocean. No buildings, structures, berms or solid fences, or any combination thereof, more than four feet in height shall be permitted in the breezeway/visual corridor. Notwithstanding any other provision in this chapter to the contrary, all oceanfront property, except single-family residential shall have a minimum of 30 percent of the width clear as breezeway/visual corridor. Single-family residential structures on the oceanfront shall continue to be subject to State of Florida Department of Environmental Protection guidelines establishing a 60 percent coverage of the shore-parallel width of the property, pursuant to F.S. ch. 161.053, "Coastal Construction and Excavation" and Florida Administrative Code Chapter 16B-33.008.

(b)

Riverfront. A riverfront breezeway/visual corridor is a corridor across the full depth of riverfront properties, which shall include all land from the mean low-water line to a distance of 250 feet or the closest dedicated public right-of-way running parallel to the water, whichever distance is less. No buildings, structures, berms or solid fences, or any combination thereof, more than four feet in height shall be permitted in the breezeway/visual corridor. Notwithstanding any other provision in this chapter to the contrary, the minimum 30 percent breezeway/visual corridor requirement shall apply to all riverfront properties, except single-family residential.

(c)

Calculation of Breezeway/visual corridor. The breezeway visual corridor shall be calculated as the ratio between the minimum setback or distance between structures and the width of the lot. The breezeway width and lot width shall be measured on the same line parallel to the waterfront. The lot width for the purpose of determining the required breezeway shall be established at the location of the principle structure. The sum of the breezeway/visual corridors shall accumulate to at least 30 percent of the width of the lot.

(d)

[Oceanfront and riverfront parcels.] For all oceanfront and riverfront parcels subject to breezeway requirements, an additional one percent of breezeway above minimum requirements shall be provided for each additional one foot of building height over 35 feet, up to a building height of 55 feet, and an additional one-half percent of breezeway above minimum requirements shall be provided for each additional one foot of building height above 55 feet. However, additional building height above the height thresholds specified in this chapter are permitted only in accordance with section 62-2101.5.

(e)

[Dedication of public access easements; credits.] Where the county criteria and standards for beach and riverfront land acquisition in regard to neighborhood beach walkways apply to a particular property under this division, the property owner may offer to dedicate, and the county may accept, a public access easement for pedestrian and bicycle access to the beach. The public access easement must be a minimum of 15 feet in width and a maximum of 30 feet in width. Where a property owner has dedicated and the county has accepted such a public access easement under this subsection, the property owner shall be granted a breezeway credit equal to twice the width of the dedicated public access easement.

(Code 1979, § 14-20.24; Ord. No. 95-03, § 2, 1-26-95; Ord. No. 01-30, § 22, 5-24-01)