§ 42-51. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Beach shall mean the zone of unconsolidated material that extends landward from the mean low water line to the place where there is marked change in material or physiographic form, or to the line of permanent vegetation, usually the effective limit of storm waves. "Beach" is alternatively termed "shore."

Breakaway wall or frangible wall shall mean a partition independent of supporting structural members that will withstand design wind forces, but which will fail under hydrodynamic, wave and runup forces associated with the design storm surge. Under such conditions, the wall shall fail in a manner such that it breaks up into components which minimize the potential for damage to life or adjacent property. It shall be a characteristic of a breakaway or frangible wall that it shall have a horizontal design loading resistance of no less than ten nor more than 20 pounds per square foot.

Building support structure shall mean any structure which supports floor, wall or column loads, and transmits them to the foundation. The term shall include beams, grade beams or joists, and includes the lowest horizontal structural member exclusive of piles, columns or footings.

Coastal barrier islands shall mean geological surface features of islands within the town above mean high water.

Coastal building zone shall mean the land area between the seasonal high water line of the Atlantic Ocean and the waters of the Intracoastal Waterway.

Coastal construction control line shall mean the landward extent of that portion of the beach-dune system which is subject to severe fluctuations based upon a 100-year storm surge, storm waves or other predictable weather conditions as established by the Department of Natural Resources in accordance with F.S. § 161.053.

Construction shall mean the building of or substantial improvement of any structure or the clearing, filling or excavation of any land. It shall also mean any alterations in the size or use of any existing structure or the appearance of any land. When appropriate to the context, "construction" refers to the act of construction or the result of construction.

Dune shall mean a mound or ridge of loose sediments, usually sand-sized, deposited by natural or artificial means, which lies landward of the beach.

Major structure shall include but is not limited to residential buildings, commercial, institutional, industrial and other construction having the potential for substantial impact on coastal zones.

Mean high-water line shall mean the intersection of the tidal plane of mean high water with the shore. Mean high water is the average height of high waters over a 19-year period.

Minor structure shall include, but is not limited to, pile supported, elevated dune and beach walkover structures; beach access ramps and walkways; stairways; pile-supported, elevated viewing platforms, gazebos and boardwalks; lifeguard support stands; public and private bathhouses; sidewalks, driveways, parking areas, shuffleboard courts and other uncovered paved areas; earth retaining walls; sand fences, privacy fences, ornamental walls, ornamental garden structures, aviaries and other ornamental construction. It shall be a characteristic of minor structures that they are considered to be expendable under design wind, wave and storm forces.

Nonhabitable major structure shall include, but is not limited to, swimming pools; parking garages; pipelines; piers; canals, lakes, ditches, drainage structures and other water retention structures; water and sewage treatment plants; electrical power plants; transmission and distribution lines, transform pads, vaults and substations; roads, bridges, streets and highways; and underground storage tanks.

NGVD shall mean National Geodetic Vertical Datum, a geodetic datum established by the National Ocean Service and frequently referred to as the 1929 Mean Sea Level Datum.

One-hundred-year storm shall mean 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.

Seasonal high-water line shall mean the line formed by the intersection of the rising shore and the elevation of 150 percent of the local mean tidal range above mean high water.

State minimum building code shall mean the building code adopted by a municipality or county pursuant to the requirements of F.S. § 553.73.

Substantial improvement shall mean any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds a cumulative total of 50 percent of the market value of the structure either:

(1)

Before the repair or improvement is started; or

(2)

If the structure has been damaged and is being restored, before the damage occurred.

For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or any alteration of a structure listed on the National Register of Historic Places or the state inventory of historic places.

(Code 1978, § 4-8(4))

Cross reference

Definitions and rules of construction generally, § 1-2.