§ 62-4201. Definitions and rules of construction.

For the purpose of this article, the following terms shall have the meaning set forth in this section. When not inconsistent with the context, words used in the present tense shall include the future, words in the singular include the plural number, and words in the plural include the singular. The term "shall" is always mandatory and not merely directory.

Beach renourishment means the maintenance of a restored beach by the replacement of sand.

Beach restoration means the placement of sand on an eroded beach for the purposes of restoring it as a recreational beach and providing storm protection for upland properties.

Best public interest means public or private projects which clearly demonstrate a net benefit to the public, as determined by the board of county commissioners, and which adequately mitigate adverse environmental impacts.

Coastal Construction Control Line or Brevard County Coastal Construction Control line means the 1986 Florida Department of Environmental Protection (previously FDNR) Coastal Construction Control Line as established under F.S. § 161.053.

Crest of dune means the highest elevation of the most seaward natural or manmade mound or bluff of sand which has sufficient vegetation, height, continuity, and/or configuration to offer protective value.

Emergency means any occurrence or threat thereof whether accidental or natural, caused by humankind, in war or peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property or public funds. For purposes of this definition, a vulnerable structure that is in danger of imminent collapse qualities as an emergency.

Erosion means the wearing away of land or the removal of beach or dune material by wave action, tidal currents, littoral currents or deflation, including horizontal recession or scour, which occurs when the topography of the beach-dune system is completely inundated by a storm surge and wave and current forces erode the beach-dune profile in a vertical direction.

Imminent collapse means the foundation of a structure will fail due to its own weight under normal conditions, resulting in structural damage to the supported structure. This shall be determined by modeling dune erosion anticipated to result from a 15-year return interval storm. Such modeling must be calibrated to the site conditions and performed by a professional engineer licensed in the state, with demonstrated competency in coastal engineering.

Landward means in a direction away from the Atlantic Ocean.

Major accessory structure includes the following structures: swimming pools; bathhouses; detached garages; utility buildings; septic tanks and associated drainfields; package sewer and water plants; parking areas; impervious paved areas; sewer, water, electric, telephone, television cable and other utility lines; storm drains; water retention areas; drainage structures; private roads or streets; and underground storage tanks.

Major habitable structure includes the following structures: houses or single-family residential buildings; mobile homes; modular homes; trailers; multiple-family residential buildings; condominiums; motels; hotels; apartments; restaurants; shops; towers; other similar residential, commercial, industrial, recreational or public buildings.

Minor structure whether permanently attached to the ground or placed upon the ground includes dune and beach walkover structures, beach access ramps and walkways, stairways, viewing platforms, gazebos, boardwalks, lifeguard support stands, decks or porches, sand fences, privacy fences, fishing or ocean piers, pipelines and ocean outfalls.

Modification means any alteration to the existing non-conforming major habitable or major accessory structure that does not expand the vertical envelope established by the existing footprint of the structure further into the area seaward of the coastal setback line.

NGVD means National Geodetic Vertical Datum, as established by the National Ocean Survey.

100-year storm means a shore-incident hurricane or any other storm with accompanying wind, wave and storm surge intensity having a one percent chance of being equaled or exceeded in any given year, during any 100-year interval.

Rigid coastal and shore protection structure means shoreline hardening structures including sea walls, bulkheads, revetments, mound structures, and groins and breakwaters.

Sandbag system means sandbags, geotextiles, tubes, and any other pliable or soft shoreline protection system meant as temporary erosion control measure.

Seaward means in a direction toward the Atlantic Ocean.

Structure means anything which is constructed or erected, the use of which requires rigid location on the ground or attachment to something having a permanent location on the ground.

Vertical envelope means the upward continuation of the structure's external footprint within the area seaward of the coastal setback line as depicted.

Vertical envelope

Vulnerable structure means any major habitable and major accessory structure or public infrastructure that is in danger of imminent collapse.

(Ord. No. 85-17, § 3, 6-4-85; Ord. No. 2002-21E, § 1, 4-30-02; Ord. No. 03-16, § 1, 3-18-03; Ord. No. 05-53, § 1, 11-1-05)