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HomeMy WebLinkAboutOrdinance No. 48-1973MICROFILMED 3.1 ORDINANCE NO. 48 - 73 A 1LEB c1RA.* 1198 AN ORDINANCE ADOPTING CERTAIN LAND USE REGULATIONS TO PROVIDE FOR THE PROTECTION OF STRUCTURES AND INHABITANTS FROM THE DANGER OF FLOODING IN THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE RECORDING OF APPLICABLE MAPS ON SPECIAL HAZARD AREAS AND BASE FLOOD ELEVA- TIONS FOR THE CITY OF CAPE CANAVERAL; DEFINING CERTAIN TERMS; DESCRIBING THE INTENT, PURPOSE AND OBJECTIVES OF SAID PROGRAM; SETTING FORTH BUILDING SPECIFICATIONS AND REQUIREMENTS FOR NEW CONSTRUCTION OF RESIDENTIAL AND NON- RESIDENTIAL STRUCTURES; PROVIDING FOR BUILDING SPECIFICATIONS AND REQUIREMENTS FOR SUBSTANTIAL IMPROVEMENTS OF EXISTING RESIDENTIAL AND NON - RESIDENTIAL STRUCTURES; PROVIDING FOR PARTICU- LAR SPECIFICATIONS FOR COASTAL HIGH HAZARD AREAS; PROVIDING THE PROCEDURE FOR AND TERMS AND CONDITIONS OF SURVEYS TO BE ATTACHED TO BUILDING PERMIT APPLICATIONS; PROVIDING THAT SAID ORDINANCE SHALL TAKE PRECEDENT OVER EXISTING BUILDING AND ZONING ORDINANCES AND REGULATIONS; PROVIDING FOR PENALTIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, recognizes that there is a public need for flood insurance; and WHEREAS, it is in the best interest of the citizens of the City of Cape Canaveral, Florida, and necessary for the protection of the life and property of said citizens from water damage, to identify flood prone areas and implement related land use controls; and WHEREAS, the private insurance industry has been unable to satisfactorily provide for the insurance needs of the flood prone areas within the City of Cape Canaveral, Florida; and WHEREAS, the Federal Flood Insurance Program has been established under federal law under the administration of the Department of Housing and Urban Development; and WHEREAS, the Federal Flood Insurance Program subsidizes flood insurance in certain designated areas in which the local government adopts certain land use regulations and construt;tion standards established by the Department of Housing and Urban Development; and ORD N$ -13 PAGE I OE MICROFILMED 3 -14-30 WHEREAS, the City of Cape Canaveral has been designated an area-of Special Flood Hazard and is therefore eligible to participate in the Federal Flood Insurance Program. NOW, THEREFORE, BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL AS FOLLOWS: SECTION 1. Purpose and Intent. The purpose of this Ordinance is to provide for adequate, minimum standards and procedures for the construction of new residential and non - residential structures, including prefabricated and mobile homes, and for such structures that are substan- tially improved so that such structures can be eligible for insurance under the Federal Flood Insurance Program and so that the construction of such structures will be in conformity with recognized construction technique designed to offer flood protection. SECTION 2. Definitions. For the purposes of this Ordinance the following definitions shall apply in the interpretation, enforcement and in- tent of this Ordinance. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular, and words in the singular number include the plural. The word "shall is always mandatory and not merely directory. (a) Building Permit: The permit as required by Ordinance 12 -71, as amended, the City of Cape Canaveral Zoning Regulations. (b) Coastal High Hazard Area: The portion of a coastal flood plain having special flood hazards that is subject to' velocity waters, including hurricane wave wash and tidal waves and which is designated as a "V" Zone on the applicable Flood Maps. (c) Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land ORD 42-11 PAGE a. OF 7 MICRQFILMFD 3.14 -80 areas from (a) the overflow of streams, rivers, or other inland water or (b) abnormally high tidal water or rising coastal waters resulting from severe storms, hurricanes, or tidal waves. (d) Flood Maps or Flood Hazard Boundary Maps: The %THREE C3) set of 1'- fir -ty- four -434-) separate maps of various areas of Brevard County, Florida which were prepared by the National Oceanic and Atmospheric Administration and approved by the Department of Housing and Urban Development. Said set of maps, dated XMARCH 24, 1971 September 22, 197 -3-, consists of the introductory or index map which depicts the base flood elevation for each special flood hazard zone designation and an explanation of each zone designa- v:TWO C2 %4 01 AND 02 tion and T -%irty =t-hr-se individual maps numbered f4 --tli ugh-- XO, which numbers are indexed to the introductory map. xAMENDED ON 2ND READING (e) Flood Proofing: Those adjustments to properties, 12 -4 -73 structures and building contents which are designed or adapted primarily to reduce flood damages to lands, potable water and sanitary facilities and structures. It shal r. include structural and non - structural additions, changes, and engineering techniques which seal structures and keep them free from encroachment of flood water below the 100 year flood level. Any person who attempts to use flood proofing techniques in order to satisfy requirements of this Ordinance, as to non - residential structures, shall provide the City of Cape Canaveral Building Official with a certification from a professional engineer, who is registered in the State of Florida, that said structures flood proofed or has adequate flood proofing provisions designed within aid structure. (f) Level of 100 Year Flood: The highest level of flooding that, on the average is likely to occur once every 100 years (or has a one per cent chance of occurring each year). ORD $ -1 PAGE 3 OF 7 titICROEILMEt 341480 r (g) Substantial Improvement: Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty per cent (50%) of the actual cash value of the structure either before the improvement is started, or if the structure has been damaged and is being restored, before the damage occurred. Substantial improvement is commenced when the first alteration of any structural part of the building is begun. SECTION 3. Adoption of Flood Hazard Boundary Maps. The Flood Hazard Boundary Maps, including the Zone designations on said map and all explanatory material noted thereon, are hereby incorporated into this Ordinance by reference in their entirety. Said maps shall be kept in the custody of that individual delegated the administrative responsibility by the City Council of the City of Cape Canaveral, Florida for the approval and issuance of building permits. Said maps shall be referred to for a deter- mination of the flood prone and specified hazard areas and the One hundred (100) year base flood elevation line for a calculation of the construction requirements for any structure within the City of Cape Canaveral, Florida, under the provisions of this Ordinance. SECTION 4. Requirements for Residential Construction. Within C a *amended * areas those a rattA _ri- et aY- s-o1B ar -c n designated as Special Flood 11- 173 Hazards on the Flood Maps, all new construction of residential structures or substantial improvements of existing residential structures including prefabricated and mobile homes, shall have the lowest floor of such structures, including basements, elevated to or above the applicable level of the 100 year flood. SECTION 5. Requirements for Non - Residential Construction. Within those areas of the City of Cape Canaveral, Florida designated as Special Flood Hazard areas by the Flood Maps, all new construction of non - residential structures or substantial improvements of existing ORD y 18-13 PAGE} OFD e• ICROFILMED 3 -14 -30 non - residential structures shall have the lowest floor, including basements, elevated to or above the applicable level of the 100 year flood, or, together with attendant utility and sanitary facilities, such non - residential structures shall be flood proofed up to the applicable level of the 100 year flood. SECTION 6. Coastal High Hazard Areas; Non- Conforming Uses . Within those areas designated as Coastal High Hazard areas by the Flood Maps, all non - conforming uses on land below the 100 year flood level shall not be expanded. SECTION 7. Development of Coastal High Hazard Areas. Within those areas designated as Coastal High Hazard Areas by the Flood Maps, no land below the level of the 100 year flood shall be developed unless the new construction or substantial improvement shall: (a) be located landward of the reach of the mean high tide, and (b) be elevated on adequately anchored piles or columns to a lowest floor level at or above the applicable 100 year flood level and securely anchored to such piles or columns, and (c) have no basement and have the space below the lowest floor free of obstructions so that the impact of abnormally high tides or wind driven water is minized. SECTION 8. Building Permit Applications Reviewed Prior To Issuance. Within those areas of the City of Cape Canaveral, Florida, designa ted as Special Flood Hazard areas by the Flood Maps, all building permit applications for new construction or substantial improvement of residential and non - residential structures including prefabricated and mobile homes shall be reviewed to assure that the proposed construction shall: (a) be protected against flood damage; and (b) be designed or modified and anchored to prevent floatation, collapse or lateral movement of the structure; and oRD4 $- �3 PAGE S OF/ 3.14 -80 (c) use construction materials and utility equipment that are resistant to flood damage; and (d) use construction methods and practices that will minimize flood damage. SECTION 9. Survey to be Attached to Building Permit Application. Within those areas of the City of Cape Canaveral, Florida, designated as Special Flood Hazard areas by the Flood Maps, all building permit applications for the construction or substantial improvement of residential and non - residential structures including prefabricated and mobile homes shall be accompanied by a survey, signed and sealed by a professional s urveyor licensed in the State of Florida, which specifically designates the elevation of the graded or final building pad of the site and of the proposed first floor of construction of such new structure or substantial improvement to existing structures. Such survey shall be attached to the building permit and must be approved as meeting the requirements of this Ordinance by the Building Official of the City of Cape Canaveral, Florida, prior to the issuance of a building permit; Before a certificate of occupancy is issued for the structure, the Building Official shall inspect the premises to assure that the requirements of this Ordinance shall have been met. SECTION 10. Ordinance to Control Conflicting Laws. The provisions and requirements of this Ordinance shall take precedence over any conflicting laws, Ordinances, regulations or codes or parts thereof as they apply to the City of Cape Canaveral, Florida. SECTION 11. Severability. In the event any section, sub- section, sentence, clause or phrase contained in this Ordinance shall be declared or adjudicated to be invalid or unconstitutional by a court of competent jurisdiction, all the remaining provisions of this Ordinance shall be and remain in full force and effect. ORD98 -12 P GE4 F1 MICROFILMED 3.14-80 SECTION 12. This Ordinance shall take effect immediately upon its adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, this 4TH ,day of :DECEMBER , 1973. {{1 r Approved as to form: FIRST READING: NOVEMBER 13, 1973 ADVERTISED: NOVEMBER 19, 1973 POSTED: NOVEMBER 14, 1973 SECOND READING: DECEMBER 4, 1973 NAME YES NO ABS MACLAY X SHAME RUTKOWSKI x SALVAGGIO THURM X X a_13 PAGE % OF 7 AVAILABILITY Oep CAR OFIMit) 3.14 8O .) NOV.15, 1973 NATIONAL FLOOD INSURANCE PROGRAM FEDERAL INSURANCE ADMINISTRATION (FIA) (HUD) 7� AT PRESENT FIA HAS CERTIFIED THE FOLLOWING AREAS IN BREVARD COUNTY ELEGIBLE FOR FEDERALLY ASSISTED FLOOD INSURANCE. THE UN- INCORPORATED AREAS OF BREVARD COUNTY THE CITIES. OF TITUSVILLE, COCOA BEACH, MELBOURNE BEACH AND CAPE CANAVERAL. MAPS FIA FLOOD HAZARD BOUNDRY ND FLOOD INSURANCE RATE MAPS HAVE BEEN AVAILABLE BY HUD SINCE 3/2 /71, THE BUILDING OFFICIALS OFFICE HAS BEEN LISTED AS THE LOCAL RE"OSITORY WHERE FLOOD INSURANCE MAPS AND RATE TABLES WILL BE MADE AVAILABLE FOR PUBLIC INSPECTION. COVERAGE FIA RATE TABLES AS OF 9/29/72 LIMITS COVERAGE UNDER THE SUBSIDIZED RATES TO $17,500 FOR SINGLE UNIT RESIDENTIAL STRUCTURES PLUS $5,000 FOR CONTENTS AND $30 000 FOR NON - RESIDENTIAL STRUCTURES PLUS $5 000 FOR CONTENTS, THE RATE TABLE ALSO PROVIDES FOR ADDITIONAL AMOUNTS OF INSURANCE COVERAGE AT ACTUARIAL (NON SUBSIDIZED) RATES. RATES FIA RATE TABLE SHOWS A CHARGABLE (SUBSIDIZED) RATE OF $.40/$100 FOR $17,500 COVERAGE ON A SINGLE UNIT RESIDENTIAL STRUCTURE PLUS $.50/$100 ON $5, CONTENTS AND ,50 /$100 ON A $30,000 NON - RESIDENTIAL STRUCT- URE PLUS $1.00/$100 ON $5 000 CONTENTS, STRUCTURES BUILT AFTER 3/24/71 LOCATED IN SPECIAL FLOOD HAZARD AREAS ARE NOT ELEGIBLE FOR CHARGABLE (SUBSIDIZED) RATES. ADDITIONAL COVER - AGE FOR RESIDENTIAL AND NON- RESIDENTIAL STRUCTURES AS WELL AS STRUCT- URES BUILT AFTER 3/24/71 LOCATED IN A SPECIAL FLOOD HAZARD AREA WILL BE AVAILABLE AT RATES PROVIDED IN ELEVATION RATE OF ZONE RATE TABLE. LOCAL INSURANCE AGENTS ARE QUOTING $,25/$100 FOR COVERAGE OF $17,500 ON A SINGLE UNIT RESIDENTIAL STRUCTURE AND $.35 ON $5,000 CON- TENTS, $25.00 MINIMUM POLICY PREMIUM. THE INDIVIDUAL IS RESPONSIBLE FOR FLOOR ELEVATION SURVEYS OF PROPERTY. THE NATIONAL FLOOD INSURERS ASSOCIATION HAS DESIGNATED THE TRAVELERS INDEMNITY COMPANY, 1516 EAST COLONIAL DRIVE, ORLANDO FLORIDA 32803 AS ITS SERVICING AND AGENT K PROPERTY OWNERS MAY OBTAIN FLOOAVAILABLE N AE 0 FROM ANY LICENSED PROPERTY OR CASUALTY INSURANCE AGENT OR BROKER IN THE AREA. COMPILED BY RICHARD THURM FOR FIRST FEDERAL S & L