§ 62-4213. Permitted structures seaward of coastal setback line.

(a)

All minor structures shall meet the following standards:

(1)

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 minor structure and 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 in conjunction with the building permit application.

(2)

Motorized vehicles on the dune and beach system are prohibited except for governmental vehicles (police and sheriff), fire trucks, ambulances or vehicles necessary to repair utilities, or vehicles utilized during approved renourishment programs or approved scientific investigations. Pedestrian traffic within the vegetated dune areas shall be limited to emergency operations, scientific research, maintenance, cleaning or improvements as authorized by the Natural Resources Management Office and consistent with FDEP regulations.

(3)

Except for sand fences and boardwalks, walkways, stairways or other minor structures designed to provide access to the beach, minor structures shall not be closer than 15 feet to the crest of the dune.

(4)

Boardwalks, walkways, stairways or other minor structures designed to provide access to the beach shall not exceed five feet in width.

(5)

Except for sand fences, minor structures that are detached from the major habitable structure shall be pole-supported, and elevated to a height sufficient to permit the maintenance of dune stabilizing vegetation beneath the structure as prescribed by this section:

a.

The minimum floor elevation shall be at least three feet above existing natural grade. A waiver of this elevation minimum may be provided by the Director where the Florida Department of Environmental Protection has approved a lower elevation to reduce net dune impacts.

b.

The maximum floor elevation shall not exceed ten feet above existing natural grade.

c.

The maximum elevation of the lowest load bearing point of the roof shall not exceed 12 feet from the floor elevation.

d.

The total maximum elevation of the minor structure shall not exceed 20 feet as measured from the existing natural grade to the highest point of the structure excluding boardwalks, walkways, stairways or other minor structures designed to provide access to the beach.

e.

The total square footage of all individual detached minor structures shall not exceed 100 square feet combined excluding boardwalks, walkways, stairways or other minor structures designed to provide access to the beach.

(6)

Minor structures that are attached to the major habitable structure shall be pole-supported or cantilevered, and elevated to a height sufficient to permit the maintenance of dune stabilizing vegetation beneath the structure as prescribed by this section:

a.

The minimum floor elevation shall be at least eight feet above existing natural grade.

b.

The attached minor structure shall not extend more than ten feet seaward of the major habitable structure excluding boardwalks, walkways, stairways and other minor structures designed to provide access to the beach.

c.

There is no square footage limitation on attached minor structures that comply with this section.

(7)

Boardwalks, walkways, stairways or other minor structures designed to provide access to the beach shall not be located parallel to the shore.

(8)

The director may consider alternatives to the design criteria in subparagraphs (3), (4), (5)a., and (7) above with the purpose of meeting the minimum Americans with Disabilities Act standards. The structure shall be elevated above dune vegetation and shall allow adequate light penetration.

(b)

After a duly noticed public hearing, the board of county commissioners may declare that a structure is a vulnerable structure, as defined in section 62-4201. When the board determines that a structure is a vulnerable structure, the board may direct staff to issue a consistency determination letter to the FDEP for sandbag systems, beach renourishment projects or beach restoration projects. The consistency letter shall also indicate the board's preference that setbacks or other non-structural methods of shoreline protection be given the highest priority as the preferred means of addressing vulnerable structures. In addition, the consistency letter may be conditioned upon the applicant's compliance with the standards set forth in subparagraphs (1) through (5) below and the posting of a cash or other bond in an amount representing the cost of maintaining or restoring the sand cover required pursuant to subparagraph (4) upon the failure to maintain the required sand cover. As an alternative to a consistency letter, and subject to subparagraphs (d) and (e) below, upon approval of an emergency amendment to the comprehensive plan the board may approve rigid coastal and shore protection structures. All of the above-referenced shoreline protection measures shall be designed and constructed as to:

(1)

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

(2)

Minimize adverse impacts to adjacent properties,

(3)

Be designed and constructed to not impede public access to or along the shore,

(4)

Avoid any adverse impact to marine turtles or their nesting habitat. Such avoidance shall require the perpetual maintenance of the necessary sand above and seaward of any board approved shoreline protection project to avoid turtle impacts. Failure of the property owner to maintain this sand buffer shall constitute a violation of this article, and

(5)

Any application for a consistency determination letter authorized under this ordinance shall constitute an applicant's consent for the county to record a notice of the conditions incorporated into the consistency determination. Such a notice shall only be recorded after a FDEP permit based upon the consistency letter is issued. The conditions incorporated into the consistency determination may be enforced against the applicant and successor in interest to the applicant in the same manner as prescribed in section 62-4202.

(c)

The county may require dune restoration and revegetation, including perpetual maintenance, both landward and seaward as a component of any shoreline project.

(d)

No new rigid coastal armoring or shoreline hardening structures shall be permitted in unincorporated Brevard County south of Patrick Air Force Base (PAFB) property or within the Archie Carr National Wildlife Refuge, unless an emergency amendment to the coastal management element of the county comprehensive plan authorizing the construction of such a structure is approved by the board of county commissioners in accordance with the review procedures applicable to such emergency comprehensive plan amendments as set forth in F.S. § 163.3187(a).

(e)

North of the PAFB, no new shoreline hardening structures should be permitted unless an emergency exists.

(f)

Where authorized by an approved emergency amendment to the coastal management element of the comprehensive plan pursuant to subsection (d) above or where an emergency exists pursuant to subsection (e) of this section, a shoreline hardening structure my be approved if the following standards are complied with:

(1)

Vertical wood or concrete structures and rock revetments shall only be approved when less structural alternatives, such as beach renourishment, dune restoration and sandbag systems have been determined not to be feasible.

(2)

All shoreline protection measures shall be designed to minimize adverse impacts to the naturally functioning beach and dune system and adjacent properties.

(3)

The county may require dune restoration and revegetation as a component of the shoreline hardening approval both landward and seaward of the proposed structure.

(4)

All shoreline protection shall be designed and constructed to not impede public access to or along the shore.

(g)

For the purposes of this section, the term "approval" shall mean adoption by unanimous vote after review by the state land planning agency.

(Ord. No. 85-17, § 6, 6-4-85; Ord. No. 2002-21E, § 7, 4-30-02; Ord. No. 03-16, § 5, 3-18-03; Ord. No. 05-53, § 5, 11-1-05; Ord. No. 07-14, § 1, 4-10-07; Ord. No. 07-45, § 1, 9-11-07; Ord. No. 2010-003, § 1(Attch. A), 2-23-10; Ord. No. 2010-025, § 3, 12-2-10)