§ 5-48. Permitted uses of land between building restriction line and seawall line.

Except as set forth herein the land between the seawall line and the building restriction line, or westerly to the actual constructed building or structure, may be used for the installation of boardwalks and pedestrian thoroughfares or promenades, revetments, fences, existing (as of September 20, 2001) public parking facilities and related infrastructure and dune protection structures. Any portion of said area not so used shall be stabilized by sod or planting other suitable vegetation. No structure or use except for temporary structures authorized by the city's franchise agreements, shall be erected or objects placed east of the seawall line except approved dune crossovers to the beach and temporary sun shelters and except as otherwise provided below: (See also Cocoa Beach Code Section 5-48):

(a)

A portion of the seawall may be constructed east of the seawall line in order to tie into existing seawalls when, in the opinion of the city engineer, based upon sound engineering principles, the same is necessary in order to maintain the integrity of the beach area.

(b)

When a lawful nonconforming structure exists, east of the building restriction line, as of September 20, 2001, the board of adjustment is empowered to consider variances to allow expansion of or additions to such structure, provided however that no variance may be approved that authorizes additional encroachment eastward of the existing structure foundation. Any action by the board of adjustment approved prior to September 20, 2001 in conformance with this paragraph is hereby deemed and determined to be legal and valid.

(c)

When a lawful nonconforming structure exists, east of the building restriction line as of September 20, 2001, and in event of partial or complete destruction of the structure by storm or other act, the city commission shall, upon application by the property owner, approve reconstruction of the destroyed or damaged structure and such approval shall not be unreasonably withheld. All reconstruction shall be in strict compliance with all building codes in effect at the time of reconstruction.

For purposes of administrating this section, "structure" shall be only be considered and defined as permanent, principal improvement thirty (30) inches or more in height which requires support by a foundation be it footer, stem wall, or piling, and a "structure" shall not include swimming pools, boardwalks and pedestrian thoroughfares or promenades, revetments, or fences.

(Ord. No. 188, § 4, 8-6-1964; Ord. No. 321, § 1, 8-7-1969; Ord. No. 391, § 3, 3-16-1972; Ord. No. 401, § 1, 6-15-1972; Ord. No. E-453, § 1, 5-16-1974; Ord. No. 453, § 1, 6-6-1974; Ord. No. 700, § 1, 3-18-1982; Ord. No. 788, § 1, 2-14-1985; Ord. No. 1120, § 1, 8-15-1996; Ord. No. 1314, § 3, 9-20-2001; Ord. No. 1475, § 3, 10-16-2008)