§ 62-4207. Nonconforming structures.

The setback provisions of sections 62-4212 and 62-4213 shall not apply to any modification, maintenance or repair of any nonconforming structure, provided that such modification, maintenance or repair:

(1)

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

(2)

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

(3)

Does not convert major habitable structures into major accessory structures or major accessory structures into major habitable structures; and

(4)

With the exception of those facilities that meet the criteria specified in section 62-4209, any portion of a structure, seaward of the coastal setback line, that is undermined by erosion cannot be modified, maintained or repaired and must be removed. The remaining portion of the structure may be modified, maintained or repaired provided that:

a.

The seaward most portion of the structure is sufficiently setback from the crest of the dune to provide protection from being undermined by erosion resulting from a 25-year storm event;

b.

The protection determination, as outlined in section 62-4207(4)(a), is sealed by a professional engineer and submitted to the county for review; and

c.

Modification, maintenance, or repair to a structure that has been undermined shall not be permitted closer than 15 feet landward of the crest of dune (see illustration).

Closer than 15 feet landward of crest of dune prohibited

 

 

(Ord. No. 85-17, § 13, 6-4-85; Ord. No. 05-53, § 3, 11-1-05; Ord. No. 2010-025, § 1, 12-2-10)