§ 6-52. Building or site preparation permits required; exceptions.

(a)

With the exception identified in Subsection 6-52(b), no permit shall be issued under Chapter 6 and this section unless it is part of the establishment of a new principle use or continuation of an existing principle use and associated principle structures as defined in Chapter 110; as provided for and allowed in Chapter 103, Article 3, Section 103.15 and Table 103.15.1 and which may be further elaborated upon in Chapter 104.

(1)

A building or site preparation permit shall be required for the following type of work:

a.

Site preparation involving land clearing (including invasive plant species), the placement of fill, commercial demolition, blasting, excavation, or the storage of materials.

1.

A site preparation permit for the placement of fill over the entirety of a parcel without a principal use or structure shall only be issued if the site meets the following criteria as determined by the City Biologist, Planning Director and/or Public Works Director:

i.

The property owner provides a boundary survey showing existing elevations, proposed elevations, flood zone boundaries, the site to be filled, and a stormwater management plan which provides that all stormwater is retained on site in accordance with Article 11 of Chapter 107 of the Marathon Code of Ordinances; and

ii.

The site in question is not zoned either Conservation Native Area (C-NA), Conservation Offshore Island (C-OI), or Residential Low Conservation (RL-C); and

iii.

The site contains only Class III habitat types as defined in Section 106.16 and Table 106.16.1 of the City Land Development Regulations and would not require a habitat analysis as described in Section 106.18 or KEYWEP Score as is described in Section 106.27. Thus, the site could have no wetlands. Properties on manmade canals which have a narrow band of shoreline mangroves may be permitted for the placement of fill so long as the fill is placed no closer than 20 feet from landward edge of those mangroves and otherwise meets all other sections of the Code and Land Development Regulations; and

iv.

The placement of fill on the site does not require a Federal or State dredge and fill permit; and

v.

No structural fill may be placed in a coastal high hazard area ("VE" flood zone) as described in Article 15 of Chapter 107 of the Marathon Code of Ordinances; and

vi.

The placement of fill on the site does not affect existing or proposed stormwater structures or functions within the City's right-of-way; and

vii.

All other sections of the City Land Development Regulations are met.

2.

A site preparation permit may be issued for the construction of a minimal access driveway to a parcel which does not have a principal use or structure only if the site meets the following criteria as determined by the City Biologist, Planning Director and/or Public Works Director:

i.

The property owner provides a boundary survey showing existing elevations, proposed elevations, flood zone boundaries, the area of the site to be impacted, and stormwater management structures which provide that all stormwater is retained on site in accordance with Chapter 107, Article 11 of the Land Development Regulations; and

ii.

The site in question is not zoned either Conservation Native Area (C-NA), Conservation Offshore Island (C-OI), or Residential Low Conservation (RL-C); and

iii.

The access driveway is necessary, with no less invasive alternatives, in order to reach the least sensitive portion of the property in question as defined in Chapter 106, Article 3, Section 106.16, "Clustering;" and

iv.

The area to be cleared for the access driveway is less than or equal to 12 feet in width at the elevation of the driveway surface, does not exceed 200 feet in length, and does not and shall not involve clearing any Class I habitat type as defined in Section 106.16 and Table 106.16.1 of the City Land Development Regulations; and

v.

All open space requirements are met or exceeded in the area to be cleared and on the site in general in accordance with Chapter 106, Article 3, Table 106.16.1, "Open Space Requirements by Habitat Type" and

vi.

The placement of fill for the proposed access driveway maintains a minimum 20-foot setback from any Class I habitat and from the landward edge of mangroves on manmade and developed canals; and

vii.

If required, Federal and/or State dredge and fill permits have been issued which meet or exceed the standards of this section prior to issuance of a notice of commencement of the City's site preparation permit; and

viii.

No fill is placed in a "VE" flood zone as described in Article 12 of Chapter 107 of the Marathon Code of Ordinances; and

ix.

The placement of fill on the site does not affect existing or proposed stormwater structures or functions within the City's right-of-way; and

x.

All other sections of the City Land Development Regulations are met.

b.

Anyone who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical work, gas work, mechanical work, plumbing work, and any work involving life safety regardless of value. Signs, fences, the tie-downs of habitable structures, excavation, land clearing, blasting, placement of fill.

c.

Any work subject to floodplain management requirements.

(b)

A building or site preparation permit shall not be required for the following type of work:

(1)

Ordinary minor repairs. Such work may be made with the approval of the Building Official without a permit, provided the repairs do not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; additionally, ordinary minor repairs shall not include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring systems or mechanical equipment or other work affecting public health or general safety, and such repairs shall not violate any of the provisions of the technical codes.

a.

An invoice for materials which reflects an arms-length transaction or, if no invoice is available, the cost of materials calculated as if the materials were purchased pursuant to an arms-length transaction; plus

b.

Labor costs calculated pursuant to the most recent edition of Means Construction Data.

c.

"Voluntary labor" and/or "gift material" cannot be used to represent fair market value.

(2)

Normal maintenance or repair work in all trades, excluding electrical, mechanical, plumbing or life safety work. The term "normal maintenance or repair work" shall mean the repair of any existing component if the repair has the same size, capacity, and technical characteristics and does not exceed $2,500.00 in the aggregate total of all work contained in any particular project, provided the repair does not require compliance with the Florida Building Code.

(3)

All work that, in the sole discretion of the Building Official, does not involve life, health, or safety considerations.

(4)

Political signs not requiring a permit pursuant to Section 9.5-403(d)(16) of the 1984 Code.

(5)

The installation of satellite television antennas that do not exceed 30 inches in diameter and microwave receiving antennas that do not exceed 30 inches in diameter, and provided that the antenna is attached to a residential or commercial building or placed at ground level.

(6)

Removal of ten (10) or fewer stems of exotic invasive vegetation on a developed parcel, but this exemption does not apply if the removal is a part of a larger operation undertaken in segments within any one (1) calendar year, whether by the same or different contractors, the property owner, or if undertaken in conjunction with any construction.

(7)

Carpeting and tiling of floors of single-family and duplex residences which have previously been inhabited.

(8)

Painting a single-family or multifamily residence, exclusive of signage.

(9)

Any remodeling work (alterations other than structural, mechanical, electrical or plumbing) performed on a single-family or duplex residential property by the owner thereof, provided that:

a.

The aggregate total of all work performed does not exceed $2,500.00, calculated as:

1.

An invoice for materials which reflects an arms-length transaction or, if no invoice is available, the cost of materials calculated as if the materials were purchased pursuant to an arms-length transaction; plus

2.

Labor costs calculated pursuant to the most recent edition of Means Construction Data.

3.

"Voluntary labor" and/or "gift material" cannot be used to represent fair market value.

b.

The footprint of the structure is not altered; and

c.

None of the work involves, in the sole discretion of the Building Official, life, health or safety considerations.

(c)

A building permit shall include the name of the contractor who shall perform the permitted work, where the fair market value of the construction or work is $2,500.00 or more, with written and notarized permission of the property owner. Where the permitted work is to be performed by a contractor other than the contractor already named on the permit, the new contractor, prior to commencing work, must be properly licensed and insured to perform that work, and must sign on to the permit at the Building Department.

(Code 1999, § 9.5-111; Ord. No. 2003-25, § 1(art. 1, div. 2), 12-23-2003; Ord. No. 2006-01, § 2(art. II, div. 2), 1-24-2006; Ord. No. 2007-36, § 2, 12-11-2007; Ord. No. 2010-007, §§ 2, 3, 7-27-2010; Ord. No. 2014-018, § 2, 10-28-2014; Ord. No. 2018-05 , § 5, 8-14-2018)

Editor's note

Ord. No. 2010-007, § 2, adopted July 27, 2010, changed the name of § 6-52 from "Building permits required; exceptions" to "Building or site preparation permits required; exceptions." This historical notation has been preserved for reference purposes.