1 CITY OF MARCO ISLAND

2
3 ORDINANCE 20-
4
5 AN ORDINANCE OF THE CITY OF MARCO ISLAND,
6 FLORIDA, RELATING TO SEAWALLS; MAKING
7 FINDINGS; AMENDING SECTION 30-793, CITY CODE OF
8 ORDINANCES, RELATING TO A TEMPORARY
9 CONSTRUCTION PERMIT REPEALING PROVISIONS
10 ALLOWING FOR A TEMPORARY CONSTRUCTION
11 PERMIT FOR SEAWALL OR SEAWALL MANUFACTURE
12 OR FABRICATION; PROVIDING FOR SEVERABILITY/
13 INTERPRETATION; AND PROVIDING AN EFFECTIVE
14 DATE.
15
16 WHEREAS, it is the intent of the City Council to prohibit seawall or seawall panel
17 manufacture or fabrication within the city; and
18
19 WHEREAS, as the City has allowed seawall contractors to use provisions in the
20 Land Development Code (“LDC”) to fabricate or manufacture seawalls or seawall panels
21 in residential zoning districts; and
22
23 WHEREAS, the seawall contractors may use vacant residential lots as staging
24 areas for fabrication or manufacture of seawalls or seawall panels, causing substantial
25 noise, as well as generation of debris and dust resulting from the manufacturing or
26 fabrication process, and
27
28 WHEREAS, vacant residential lots used as staging areas for the fabrication or
29 manufacture of seawalls or seawall panels may also cause injury or death to protected
30 species, such as endangered or threatened species, rare species or species of special
31 concerns as listed by the U.S. Government or the State of Florida; and
32
33 WHEREAS, the foregoing activities have caused numerous complaints from
34 residents about the public aesthetics and health of residents; and
35
36 WHEREAS, the Planning Board finds that the need and justification for this
37 Ordinance is to resolve the foregoing circumstances by prohibiting the fabrication or
38 manufacture of seawalls or seawall panels within the City; and
39
40 WHEREAS, the Planning Board also finds that there are adequate opportunities
41 for contractors to fabricate or manufacture seawalls or seawall panels off of the island in
42 adjacent areas of unincorporated Collier County; and

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43
44 WHEREAS, it is not the intent of this Ordinance to stop marine construction or
45 repair of seawalls in the City, merely the fabrication or manufacture of seawalls or seawall
46 panels; and
47
48 WHEREAS, the Planning Board finds that this Ordinance is consistent with Policy
49 1.7.2 of the Future Land Use Element of the Comprehensive Plan, because this
50 Ordinance and the underlying conditions creating a need for this Ordinance have caused
51 the City to thoughtfully review the need for, and revise the list of, a particular use permitted
52 within the City, namely manufacture and fabrication of seawalls and seawall panels; and
53
54 WHEREAS, the Planning Board finds that this Ordinance is consistent with Policy
55 1.7.3 of the Future Land Use Element of the Comprehensive Plan, because seawall and
56 seawall panel manufacture and fabrication, particularly in residential areas, creates a non-
57 conformity with the quality and aesthetic design of the community; and
58
59 WHEREAS, the Planning Board finds that this Ordinance is consistent with Policy
60 1.7.4 of the Future Land Use Element and Policy 1.5.2 of the Housing Element of the
61 Comprehensive Plan, because seawall manufacture or seawall panel fabrication creates
62 substantial dust and generates construction debris creating unsafe housing and nuisance
63 conditions in residential areas, and elimination of such activities is consistent with Policy
64 1.7.4; and
65
66 WHEREAS, the Planning Board finds that this Ordinance is consistent with Policy
67 1.5.1 of the Housing Element of the Comprehensive Plan, because this Ordinance
68 eliminates a “manufacturing” use from residential areas which detracts from the enhanced
69 architectural and aesthetic qualities of those residential areas; and
70
71 WHEREAS, the Planning Board finds that this Ordinance is consistent with Policy
72 1.5.3 of the Conservation and Coastal Management Element of the Comprehensive Plan,
73 because this Ordinance eliminates a “manufacturing” use from coastal and water related
74 areas which could detract from ensuring the viability or natural resources; and
75
76 WHEREAS, the Planning Board finds that this Ordinance is consistent with
77 Objective 1.7 of the Conservation and Coastal Management Element of the
78 Comprehensive Plan, because this Ordinance eliminates a “manufacturing” use from
79 areas that may be habitat for endangered or threatened species, such as burrowing owls
80 and other species; and
81
82 WHEREAS, the Planning Board reviewed this Ordinance for consistency with the
83 Comprehensive Plan and finds that this Ordinance is consistent with the City’s
84 Comprehensive Plan, and in particular, Future Land Use Element Policies 1.7.2, 1.7.3,

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 85 1.7.4, Policies 1.5.1 and 1.5.2 of the Housing Element, Policy 1.5.3 of the Conservation
86 and Coastal Management Element, and Objective 1.7 of the Conservation and Coastal
87 Management Element; and
88
89 WHEREAS, upon review of the testimony and evidence presented and Staff
90 recommendations, the City Council adopts the findings of the Planning Board; and
91
92 WHEREAS, the City Council finds that, as a result of the foregoing, this Ordinance
93 will promote the public health, safety, aesthetics, and welfare of the community,
94
95 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
96 MARCO ISLAND, FLORIDA:
97
98 SECTION 1. Recitals. Each and all of the foregoing recitals be and the same are
99 hereby incorporated into this Ordinance as if specifically set forth herein.
100
101 SECTION 2. Amendment and Adoption. That section 30-793(2)(h)(i) and (3) of
102 the Code of Ordinances, City of Marco Island, Florida, is hereby amended to read as follows:
103
104 Sec. 30-793. - Construction temporary use permit.
105
106 During the construction of any development for which a site development plan has
107 been approved or a building permit issued, the developer may request a temporary
108 use permit subject to the following:

109 (1) The temporary use permit shall be granted initially for a period not to exceed
110 24 months in length and may be renewed annually based upon demonstration of need. A
111 request for renewal shall be submitted to the city manager or designee in writing 30 days
112 prior to the expiration of the temporary use permit. Marine construction activities (seawall
113 and boat dock construction, demolition, replacement, and repair), on a vacant lot shall
114 only be performed up to 100 consecutive days while an associated permit(s) is active.
115 More than one permitted marine construction activity may be staged at the vacant lot
116 concurrently. Upon completion of the use and prior to the expiration of the approved
117 activity, the contractor shall restore the lot to pre-use condition. Any vacant lot so used
118 shall not be used for marine activity for an additional 365 days following issuance of the
119 last associated certificate of completion or CO, with the exception of an emergency repair
120 or replacement to a seawall at the subject vacant lot.
121
122
123 (2) Temporary construction and development permits shall be allowed for the
124 following uses:
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125 h. Other on-site uses similar to the foregoing uses and determined to
126 meet the intent of this article. Manufacture or fabrication of seawalls or seawall panels is
127 not permitted.
128 i. Off-site staging no further than 150 feet from the building lot with written
129 authorization from the property owner and proof of notification to adjoining property
130 owners within 300 feet of the site, when, in the opinion of the building official, site
131 constraints such as, but not limited to, an irregular shaped lot where building activity will
132 take place indicates its appropriateness. In such case, only construction equipment,
133 materials and vehicles used in the construction process of the permitted structure may be
134 staged. However, no overnight parking of any vehicles is allowed; any additional or
135 unauthorized materials or lack of upkeep or reasonable maintenance shall result in
136 revocation of the temporary use permit by the building official. Manufacture or fabrication
137 of seawalls or seawall panels is not permitted.
138 j. Receipt of equipment, materials or supplies for immediate redeployment
139 to actively permitted construction sites, not to exceed ten (10) calendar days.

140 k. Any type of demolition material shall be either removed from the lot or
141 placed in a dumpster within five days. Demolition activity may not occur outside the hours
142 of 8:00 a.m. to 5:00 p.m., Monday through Saturday.

143 l. Failure to comply with the provisions of this section shall constitute a
144 violation of this code. Contractors in violation shall receive a revocation of applicable
145 permit(s) and shall not be granted any additional permits for the period of time a violation
146 exists. If the violation has not been cured within the time specified in the notice of violation,
147 starting the next day a fine of $250.00 per day for a first violation and $500.00 per day for
148 a repeat violation shall be assessed until the violation is corrected. Future permits shall
149 not be issued to the contractor until all fees, fines, and costs have been paid in full.

150 m. Special exceptions: The contractor may seek an administrative extension

151 beyond the permit period provided the city manager or designee is presented sufficient
152 information justifying the contractor's need. Justification may include inclement weather,
153 unavailability of materials or other unexpected conditions beyond the control of the
154 contractor. Staff may provide a maximum 45-day extension provided the request is
155 justified.

156 (3) In addition to the uses described above, a construction temporary use permit
157 shall be obtained for the use of a vacant lot for the seawall manufacture, construction,
158 repair and related boat dock construction activities on all vacant lots or parcels under the
159 following conditions:

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160 a. The contractor shall notify the city, as part of the building permit
161 application process for seawall manufacture, construction, repair, and related boat dock
162 construction activities, of its intentions to use a vacant lot for such purpose.
163 b. The contractor shall provide written permission from the property owner
164 of the vacant lot. A copy shall be submitted to the city building services division and made
165 a part of the temporary use permit application. The city shall require a signed document
166 holding the city harmless from any claim by the property owner or the permit holder for
167 any damage to the vacant lot or seawall. City staff shall provide notification to the property
168 owner indicating any vacant lot utilized for seawall manufacture, construction, repair, and
169 related boat dock construction activities may not be used again for an additional 365 days
170 following expiration of the last temporary use permit utilized for the subject vacant lot. In
171 addition, city staff will provide notification of the proposed temporary use of the vacant lot
172 to all property owners within a 300-foot radius of the subject vacant lot, together with other
173 conditions of the permit as may be required by the city.
174 c. The contractor shall post the subject property with a permit board and
175 all applicable permits including a copy of the temporary use permit.
176 d. Manufacture of precast seawall panels and related boat dock
177 construction activities on a vacant lot shall only be performed for a maximum of 100
178 consecutive days while an associated repair permit is active. More than one permitted
179 seawall repair or marine construction contract may be staged at the vacant lot
180 concurrently. Upon completion of the use and prior to the expiration of the 100-day period,
181 the contractor shall restore the lot to pre-use condition. Any vacant lot so used shall not
182 be used for seawall manufacture, construction, repair, and related boat dock construction
183 activities for an additional 365 days following issuance of the last associated certificate of
184 completion or CO, with the exception of an emergency repair or replacement to the
185 seawall at the subject vacant lot.
186 e. Failure to comply with the provisions of this subsection shall constitute
187 a violation of this code. If a violation is found, code compliance staff shall provide a notice
188 of violation to the violator and allow for up to ten business days to cure. If the violation is
189 not corrected by the time specified for correction, a stop work order shall be issued by the
190 City of Marco Island Building Services Department. Contractors in violation shall receive
191 a revocation of applicable permit(s) and shall not be granted any additional permits for
192 the period of time a violation exists. If the violation has not been cured within time
193 specified in the notice of violation, starting the next day a fine of $250.00 per day for a
194 first violation and $500.00 per day for a repeat violation shall be assessed until the
195 violation is corrected. If a violation is not corrected within ten business days from the date
196 of issuance of the notice of violation, the city or city's designee may make all reasonable
197 repairs which are required to bring the property into compliance and charge the violator
198 with the reasonable cost of the repairs along with all fines imposed pursuant to this
199 section. Future permits shall not be issued to the contractor until all fees, fines, and costs
200 have been paid in full. Assessed fines may be appealed to the code enforcement board.
201 Repeat violation shall mean a violation of this code by a person who has been previously

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202 found to have violated the same provision of this code within five years prior to the
203 violation, notwithstanding the violations occur at different locations.
204 f. Special exceptions: The contractor may seek an administrative
205 extension beyond the 100-day period provided the city manager or designee is presented
206 sufficient information justifying the contractor's need. Justification may include inclement
207 weather, unavailability of materials or other unexpected conditions beyond the control of
208 the contractor. Staff may provide a maximum 45-day extension provided the request is
209 justified. Exceptions shall not be used to extend use of the vacant lot beyond 145
210 consecutive days.
211 g. The contractor shall provide a silt fence along the side yard property
212 lines.
213 h. Any type of demolition material shall be either removed from the lot or
214 placed in a dumpster within five days. Piling, decking, and boatlift equipment that will be
215 later reused on that lot, shall be permitted to remain on site. Demolition, if by cutting, shall
216 require a wet saw method, except for steel rebar. Demolition activity may not occur
217 outside of the hours of 8:00 a.m. to 5:00 p.m., Monday through Saturday. Dumping or
218 storage of any material not directly associated with current permitted job is expressly
219 prohibited.
220 i. Manufactured seawalls shall not be stacked more than five feet in
221 height.
222 j. The public works department shall determine whether temporary
223 structures will be required to protect the swale area and proper stormwater conveyance.
224 k. Boat and barge repair shall not be allowed on vacant residentially
225 zoned parcels. The use of any such boat, barge or vessel shall be subject to the specific
226 requirements of Code section 54-111 and subsection 54-112(i).
227 l. Only equipment and vehicles directly associated with the permitted
228 repairs will be allowed on the property, and only during an open permit.
229
230 SECTION 3. Severability/Interpretation.
231
232 (a) If any term, section, clause, sentence or phrase of this Ordinance is
233 for any reason held to be invalid, illegal, or unconstitutional by a court of competent
234 jurisdiction, the holding shall not affect the validity of the other or remaining terms,
235 sections, clauses, sentences, or phrases portions of this Ordinance, and this Ordinance
236 shall be read and/or applied as if the invalid, illegal, or unenforceable term, provision,
237 clause, sentence, or section did not exist.
238
239 (b) In interpreting this Ordinance, underlined words indicate additions to
240 existing text, and stricken through words include deletions from existing text. Asterisks (*
241 * * *) indicate a deletion from the Ordinance of text, which continues to exist in the Code
242 of Ordinances. It is intended that the text in the Code of Ordinances denoted by the

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243 asterisks and not set forth in this Ordinance shall remain unchanged from the language
244 existing prior to adoption of this Ordinance.
245
246 SECTION 4. Effective Date. This Ordinance shall be effective immediately upon
247 adoption by the City Council on second reading.
248
249 PASSED on First Reading on the ____ day of ____________, 2020, and
250 ADOPTED BY THE CITY COUNCIL OF THE CITY OF MARCO ISLAND this ___ day of
251 _____________, 2020.
252
253 CITY OF MARCO ISLAND FLORIDA
254
255
256 By:
257 Erik Brechnitz, Chairman
258 Attest:
259
260
261 By:
262 Laura M. Litzan, City Clerk
263
264 Reviewed for legal sufficiency:
265
266
267 By:
268 Alan L. Gabriel, City Attorney

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