HomeMy WebLinkAboutCode Master Project 1978: Chapter 624: Flood Damage Prevention (New)LDR Codification May 1990
307
§624 . 01 FLOOD DAMAGE PREVENTION §624. 02
CHAPTER 624
FLOOD DAMAGE PREVENTION
Article 1. Findings of Fact, Purpose and Objectives .
Sec. 624. 01 Findings of Fact.
A . The flood hazard areas of the City of Cape
Canaveral are subject to periodic inundation which re-
sults in loss of life and property, health and safety
hazards, disruption of commerce and governmental ser-
vices , extraordinary public expenditures for flood
protection and relief , and impairment of the tax base ,
all of which adversely affect the public health, safety
and general welfare.
B. These flood losses are caused by the cumulative
effect of obstructions in floodplains causing increases
in flood heights and velocities , and by the occupancy
in flood hazard areas by uses vulnerable to floods or
hazardous to other lands which are inadequately
elevated, floodproofed, or otherwise unprotected from
flood damages . [ Ord . No. 5-78 , §1 , 2 May 78; Ord. No.
6-87, §1, 17 Mar . 87]
Sec. 624 . 02 Statement of Purpose . It is the pur-
pose of this chapter to promote the public health ,
safety and general welfare and to minimize public and
private losses due to flood conditions in specific
areas by provisions designed to:
A. Restrict or prohibit uses which are dangerous to
health , safety and property due to water or erosion
hazards , or which result in damaging increases in
erosion or in flood heights or velocities.
B . Require that uses vulnerable to floods, including
facilities which serve such uses , be protected against
flood damage at the time of initial construction.
C . Control the alteration of natural floodplains ,
stream channels, and natural protective barriers which
are involved in the accomodation of flood waters.
CHAPTER REVISED
17 MAR 87
§624 . 02 FLOOD DAMAGE PREVENTION §624 . 07 308
D . Control filling , grading, dredging and other de-
velopment which may increase erosion or flood damage .
E . Prevent or regulate the construction of flood
barriers which will unnaturally divert flood waters or
which may increase flood hazards to other lands . [Ord.
No. 5-78, §1, 2 May 78; Ord. No. 6-87, §1, 17 Mar 87]
Sec 624 . 03 Objectives. The objectives of this chap-
ter are:
A. To protect human life and health.
B . To minimize expenditure of public money for
costly flood control projects.
C . To minimize the need for rescue and relief
efforts associated with flooding and generally under-
taken at the expense of the general public.
D. To minimize prolonged business interruptions.
E. To minimize damage to public facilities and util-
ities such as water and gas mains , electric , telephone
and sewer lines , streets and bridges located in flood-
plains.
F. To help maintain a stable tax base by providing
for the sound use and development of flood prone areas
in such a manner as to minimize flood blight areas.
G . To insure that potential home buyers are notified
that property is in a flood area . [ Ord No. 5-78 , §1 , 2
May 78; Ord. No. 6-87, §1, 17 Mar 87]
Article 2 . Definitions
Sec . 624 . 07 Definitions . Unless specifically de-
fined below, words or phrases used in this chapter
shall be interpreted so as to give them the meaning
they have in common usage and to give this chapter its
most reasonable application.
Addition ( to an existing building) means any walled
and roofed expansion to the perimeter of a building in
which the addition is connected by a common load-
CHAPTER REVISED
17 MAR 87
309 §624. 07 FLOOD DAMAGE PREVENTION §624 . 07
bearing wall than a fire wall . Any walled and roofed
addition which is connected by a fire wall or is sep-
arated by independent perimeter load-bearing walls is
new construction.
Appeal means a request for a review of the City of
Cape Canaveral ' s interpretation of any provision of
this chapter or a request for a variance.
Area of Shallow Flooding means a designated AO or VO
Zone on a community ' s Flood Insurance Rate Map ( FIRM)
with base flood depths from one to three feet where a
clearly defined channel does not exist , where the path
of flooding is unpredictable and indeterminate, and
where velocity flow may be evident.
Area of Special Flood Hazard is the land in the
floodplain within a community subject to a one percent
or greater chance of flooding in any given year.
Base Flood means the flood having a one percent
chance of being equaled or exceeded in any given year.
Basement means that portion of a building having its
floor subgrade ( below ground level ) on all sides.
Breakaway Wall means a wall that is not part of the
structural support of the building and is intended
through its design and construction to collapse under
specific lateral loading forces without causing damage
to the elevated portion of the building or the support-
ing foundation system.
Building means any structure built for support,
shelter, or enclosure for any occupancy or storage.
Coastal High Hazard Area means the area subject to
high velocity waters caused by , but not limited to ,
hurricane wave wash . The area is designated on a FIRM
as Zone V1 - 30, VE or V.
Development means any man-made change to improved or
unimproved real estate, including , but not limited to ,
buildings or other structures, mining, dredging, fill-
ing, grading, paving, excavating , drilling operations ,
or permanent storage of materials.
CHAPTER REVISED
17 MAR 87
§624 . 07 FLOOD DAMAGE PREVENTION §624. 07 310
Elevated Building means a non-basement building
built to have the lowest floor elevated above the
ground level by means of fill , solid foundation peri-
meter walls , pilings , columns ( posts and piers ) , shear
walls, or breakaway walls.
Flood or Flooding means a general and temporary con-
diti no of partial or complete inundation of normally
dry land areas from the overflow of inland or tidal
waters ; and/or the unusual and rapid accumulation or
runoff of surface waters from any source.
Flood Hazard Boundary Map ( FHBM ) means an official
map of a community, issued by the Federal Emergency
Management Agency, where the boundaries of the areas of
special flood hazard have been defined as Zone A.
Flood Insurance Rate Map ( FIRM) means an official
map of a community , on which the Federal Emergency
Management Agency has delineated both the areas of
special flood hazard and the risk premium zones appli-
cable to the community.
Flood Insurance Study is the official report pro-
vided by the Federal Emergency Management Agency . The
report contains flood profiles , as well as the Flood
Boundary Floodway Map and the water surface elevation
of the base flood.
Floodway means the channel of a river or other water-
course and the adjacent land areas that must be re-
served in order to discharge the base flood without
cumulatively increasing the water surface elevation
more than one foot.
Floor means the top surface of an enclosed area in a
building ( including basement ) , i . e. , top of slab in
concrete slab construction or top of wood flooring in
wood frame construction. The term does not include the
floor of a garage used solely for parking vehicles.
Functionally Dependent Facility means a facility
which cannot be used for its intended purpose unless it
CHAPTER REVISED
17 MAR 87
311 §624 . 07 FLOOD DAMAGE PREVENTION §624 . 07
is located or carried out in close proximity to water,
such as a docking or port facility necessary for the
loading and unloading of cargo or passengers , ship-
building, ship repair, or seafood processing facilities.
The term does not include long-term storage , manu-
facture, sales, or service facilities.
Highest Adjacent Grade means the highest natural
elevation of the ground surface, prior to construction,
next to the proposed walls of a structure.
Mangrove Stand means an assemblage of mangrove trees
which is mostly low trees noted for a copious devel-
opment of interlacing adventitious roots above the
ground and which contain one or more of the following
species : black mangrove ( Avicennia nitida ) ; red man-
grove ( Rhizophora mangle ) ; white mangrove ( Langun-
cularia racemosa) ; and buttonwood (Conocarpus erecta ) .
Mean Sea Level means the average height of the sea
for all stages of the tide. It is used as a reference
for establishing various elevations within the flood
plain. For purpose of this ordinance, the term is syn-
onymous with National Geodetic Vertical Datum (NGVD) .
Manufactured Home means a structure, transportable
in one or more sections, which is built on a permanent
chassis and designed to be used with or without a per-
manent foundation when connected to the required util-
ities . The term also includes park trailers , travel
trailers , and similar transportable structures placed
on a site for 180 consecutive days or longer and in-
tended to be improved property.
National Geodetic Vertical Datum (NGVD) as corrected
in 1929 is a vertical control used as a reference for
establishing varying elevations within the flood plain.
New Construction means structures for which the
"start of construction" commenced on or after the
effective date of this ordinance.
Sand Dunes means naturally occurring accumulations
of sand in ridges or mounds landward of the beach .
CHAPTER REVISED
17 MAR 87
§624 . 07 FLOOD DAMAGE PREVENTION §624. 07 312
Start Of Construction ( for other than new construct-
ion or substantial improvements under the Coastal
Barrier Resources Act ( P. L. 97-348 ) , includes substant-
ial improvement, and means the date the building permit
was issued, provided the actual start of construction,
repair , reconstruction , or improvement was within 180
days of the permit date. The actual start means the
first placement of permanent construction of a struct-
ure ( including a manufactured home) on a site, such as
the pouring of slabs or footings , installation of
piles, construction of columns, or any work beyond the
stage of excavation or the placement of a manufactured
home on a foundation . Permanent construction does not
include land preparation, such as clearing, grading and
filling ; nor does it include the installation of
streets and/or walkways; nor does it include excavation
for a basement , footings, piers or foundations or the
erection of temporary forms ; nor does it include the
installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units
or not part of the main structure.
Structure means a walled and roofed building that is
principally above ground, a manufactured home , a gas or
liquid storage tank, or other man-made facilities or
infrastructures.
Substantial Improvement means any combination of
repairs , reconstruction, alteration, or improvements to
a structure , taking place during the life of a
structure, in which the cumulative cost equals or
exceeds fifty percent of the market value of the
structure. The market value of the structure should be
( 1 ) the appraised value of the structure prior to the
start of the initial repair or improvement , or ( 2 ) in
the case of damage, the value of the structure prior to
the damage occuring . For the purposes of this defin-
ition , " 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, how-
ever, include any project for improvement of a struct-
ure required to comply with existing health, sanitary,
or safety code specifications which are solely
necessary to assure safe living conditions.
CHAPTER REVISED
17 MAR 87
313 §624 . 07 FLOOD DAMAGE PREVENTION §624 . 13
Variance is a grant of relief from the requirements
of this ordinance which permits construction in a
manner otherwise prohibited by this ordinance where
specific enforcement would result in unnecessary hard-
ships . [ Ord . No . 5-78 , §1 , 2 May 78 ; Ord. No. 12-82,
§2 , 20 Jul 82; Ord. No. 6-87, §1, 17 Mar 87]
Article 3 . General Provisions
Sec. 624 . 09 Lands To Which This Ordinance Applies.
This ordinance shall apply to all areas of special
flood hazard within the jurisdiction of the City of
Cape Canaveral . [Ord. No. 5-87, §1, 2 May 78 ; Ord . No.
6-87, §1, 17 Mar 87]
Sec. 624 . 10 Basis for Establishing the Areas of
Special Flood Hazard . The areas of special flood
hazard identified by the Federal Emergency Management
Agency in its Flood Insurance Rate Map, dated September
16 , 1982 , with accompanying maps and other supporting
data, and any revision thereto , are adopted by refer-
ence and declared to be a part of this ordinance. [Ord.
No. 5-78 , §1, 2 May 78 ; Ord. No . 12-82 , §2 , 20 Jul 82 ;
Ord. No. 6-87, §1, 17 Mar 87]
Sec . 624 . 11 Establishment of Development Permit. A
development Permit shall be required in conformance
with the provisions of this ordinance prior to the com-
mencement of any development activities . [ Ord . No .
5-87, §1, 2 May 78; Ord. No. 6-87, §1, 17 Mar 87]
Sec . 624 . 12 Compliance. No structure or land shall
hereafter be located, extended , converted or structur-
ally altered without full compliance with the terms of
this ordinance and other applicable regulations . [Ord.
No. 5-87, §1, 2 May 78; Ord. No. 6-87, §1, 17 Mar 87]
Sec . 624 . 13 Abrogation and Greater Restrictions .
This ordinance is not intended to repeal , abrogate , or
impair any existing easements , covenants, or deed re-
strictions . However, where this ordinance and another
conflict or overlap, whichever imposes the more string-
ent restrictions shall prevail . [ Ord. No. 5-87 , §1 , 2
May 78; Ord. No. 6-87, §1, 17 Mar 87]
CHAPTER REVISED
17 MAR 87
§624. 14 FLOOD DAMAGE PREVENTION §624 . 20 314
Sec . 624 . 14 Interpretation. In the interpretation
and application of this ordinance all provisions shall
be : ( 1 ) considered as minimum requirements; ( 2 ) liber-
ally construed in favor of the governing body , and ; ( 3 )
deemed neither to limit nor repeal any other powers
granted under state statutes . [ Ord. No. 5-87 , §1 , 2
May 78; Ord. No. 6-87, §1, 17 Mar 87]
Sec . 624 . 15 Warning and Disclaimer of Liability.
The degree of flood protection required by this ordin-
ance is considered reasonable for regulatory purposes
and is based on scientific and engineering consider-
ation . Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made
or natural causes . This ordinance does not imply that
land outside the areas of special flood hazard or uses
permitted within such areas will be free from flooding
or flood damages. This ordinance shall not create lia-
bility on the part of the City of Cape Canaveral or by
any officer or employee thereof for any flood damages
that result from reliance on this ordinance or any ad-
ministrative decision lawfully made thereunder . [ Ord.
No. 5-87, §1, 2 May 78; Ord. No. 6-87, §1, 17 Mar 87]
Article 4 . Administration
Sec . 624 . 19 Designation of Administrator . The
Building Official is hereby appointed to administer and
implement the provisions of this Ordinance. [Ord. No.
5-87, §1 , 2 May 78; Ord. No. 6-87, §1, 17 Mar 87]
Sec . 624 . 20 Permit Procedures . Application for a
Development Permit shall be made to the Building
Official on forms furnished by him or her prior to any
development activities , and may include , but not be
limited to, the following plans in duplicate drawn to
scale showing the nature, location , dimensions , and
elevations of the area in question ; existing or pro-
posed structures, fill , storage of materials , drainage
facilities , and the location of the foregoing. Specif-
ically, the following information is required:
A. Application Stage.
1 . Elevation in relation to mean sea level of
the proposed lowest floor ( including basement ) of
all structures;
CHAPTER REVISED
17 MAR 87
315 §624 . 20 FLOOD DAMAGE PREVENTION §624 . 20
2 . Elevation in relation to mean sea level to
which any non - residential structure will be
flood-proofed;
3 . Certificate from a registered professional
engineer or architect that the non-residential
flood-proofed structure will meet the flood-proofing
criteria in Sec. 624 . 27;
4 . Description of the extent to which any water-
course will be altered or relocated as a result of
proposed development, and;
B. Construction Stage. Provide a floor elevation or
flood-proofing certification after the lowest floor is
completed, or in instances where the structure is sub-
ject to the regulations applicable to Coastal High
Hazard Areas , after placement of the horizontal struct-
ural members of the lowest floor . Upon placement of
the lowest floor , or flood-proofing by whatever con-
struction means , or upon placement of the horizontal
structural members of the lowest floor, whichever is
applicable, it shall be the duty of the permit holder
to submit to the Building Official a certification of
the elevation of the lowest floor , flood-proofed ele-
vation , or the elevation of the lowest portion of the
horizontal structural members of the lowest floor ,
whichever is applicable , as built, in relation to mean
sea level . Said certification shall be prepared by or
under the direct supervision of a registered land
surveyor or professional engineer and certified by same.
When flood-proofing is utilized for a particular
building , said certification shall be prepared by or
under the direct supervision of a professional engineer
or architect and certified by same . Any work under-
taken prior to submission of the certification shall be
at the permit holder ' s risk . The Building Official
shall review the floor elevation survey data submitted.
Deficiencies detected by such review shall be corrected
by the permit holder immediately and prior to further
progressive work being permitted to proceed . Failure
to submit the survey or failure to make said cor-
rections required hereby , shall be cause to issue a
stop-work order for the project. [Ord. No. 5-87, §1, 2
May 78; Ord. No. 6-87, §1, 17 Mar 87]
CHAPTER REVISED
17 MAR 87
§624 . 21 FLOOD DAMAGE PREVENTION §624 . 21 316
Sec . 624 . 21 Duties and Resvonsibilities of the
Administrator. Duties of the Building Official shall
include, but not be limited to:
A. Review all development permits to assure that the
permit requirements of this ordinance have been satis-
fied.
B . Advise permittee that additional federal or state
permits may be required , and if specific federal or
state permit requirements are known , require that
copies of such permits be provided and maintained on
file with the development permit.
C . Notify adjacent communities and the Florida
Department of Environmental Regulations prior to any
alteration or relocation of a watercourse, and submit
evidence of such notification to the Federal Emergency
Management Agency.
D. Assure that maintenance is provided within the
altered or relocated portion of said watercourse so
that the flood-carrying capacity is not diminished.
E . Verify and record the actual elevation ( in re-
lation to mean sea level ) of the lowest floor ( includ-
ing basement ) of all new or substantially improved
structures, in accordance with Sec. 624 . 20.
F . Verify and record the actual elevation ( in
relation to mean sea level ) to which the new or sub-
stantially improved structures have been flood-proofed,
in accordance with Sec. 624 . 20.
G. In Coastal Hazard Areas , certification shall be
obtained from a registered professional engineer or
architect that the structure is designed to be securely
anchored to adequately anchored pilings or columns in
order to withstand velocity waters and hurricane wave
wash.
H . In Coastal High Hazard Areas , the Building
Official shall review plans for adequacy of breakaway
walls in accordance with Sec. 624. 27.
CHAPTER REVISED
17 MAR 87
317 §624 . 21 FLOOD DAMAGE PREVENTION §624 . 22
I . When flood-proofing is utilized for a particular
structure, the Building Official shall obtain certif-
ication from a registered professional engineer or arch-
itect, in accordance with Sec. 624 . 27.
J . Where interpretation is needed as to the exact
location of boundaries of the areas of special flood
hazard ( for example , where there appears to be a con-
flict between a mapped boundary and actual field
conditions ) the Building Official , shall make the
necessary interpretation . The person contesting the
location of the boundary shall be given a reasonable
opportunity to appeal the interpretation as provided in
this article.
K. When base flood elevation data or floodway data
have not been provided in accordance with Sec . 624 . 10 ,
then the Building Official shall obtain , review and
reasonably utilize any base flood elevation and flood-
way data available from a federal , state or other
source , in order to administer the provisions of
Article 5.
L . All records pertaining to the provisions of this
ordinance shall be maintained in the office of the
Building Official and shall be open for public inspect-
ion. [Ord. No. 5-87, §1, 2 May 78 ; Ord. No. 6-87 , §1 ,
17 Mar 87]
Sec. 624 . 22 Variance Procedures. Start
A. The Zoning Board of Adjustment as established by
the City of Cape Canaveral shall hear and decide
appeals and requests for variances from the require-
ments of this ordinance.
B . The Zoning Board of Adjustment shall hear and
decide appeals when it is alleged there is an error in
any requirements , decision , or determination made by
the Building Official in the enforcement or adminis-
tration of this ordinance.
C . Any person aggrieved by the decision of the
Zoning Board of Adjustment or any taxpayer may appeal
such decision to the Circuit Court.
CHAPTER REVISED
17 MAR 87
§624 . 22 FLOOD DAMAGE PREVENTION §624 . 22 318
D . Variances may be issued for the reconstruction,
rehabilitation or restoration of structures listed on
the National Register of Historic Places or the State
Inventory of Historic Places without regard to the
procedures set forth in the remainder of this section,
except for Sub-Paragraph H ( 1 ) and ( 4 ) below , and
provided the proposed reconstruction , rehabilitation,
or restoration will not result in the structure losing
its historical designation.
E . In passing upon such application , the Zoning
Board of Adjustment shall consider all technical eval-
uations , all relevant factors, all standards specified
in other sections of this ordinance, and:
1 . The danger that materials may be swept onto
other lands to the injury of others;
2 . The danger to life and property due to flood-
ing or erosion damage;
3 . The susceptibility of the proposed facility
and its contents to flood damage and the effect of
such damage on the individual owner;
4 . The importance of the services provided by
the proposed facility to the community;
5 . The necessity of the facility to a waterfront
location , in the case of a functionally dependent
facility;
6 . The availability of alternative locations,
not subject to flooding or erosion damage, for the
proposed use;
7 . The compatability of the proposed use with
existing and anticipated development;
8 . The relationship of the proposed use to the
comprehensive plan and floodplain management program
for that area;
9 . The safety of access to the property in times
of flood for ordinary and emergency vehicles .
CHAPTER REVISED
17 MAR 87
319 §624 . 22 FLOOD DAMAGE PREVENTION §624 . 22
10 . The expected heights , velocity, duration ,
rate of rise and sediment transport of the flood
waters and the effects of wave action , if appli-
cable, expected at the site.
11 . The costs of providing governmental services
during and after flood conditions including mainten-
ance and repair of public utilities and facilities
such as sewer, gas , electrical , water systems , and
streets and bridges.
F. Upon consideration of the factors listed above,
and the purposes of this ordinance, the Zoning Board of
Adjustment may attach such conditions to the granting
of variances as it deems necessary to further the pur-
poses of this ordinance.
G . Variances shall not be issued within any desig-
nated floodway if any increase in flood levels during
the base flood discharge would result.
H. Conditions for Variances:
1 . Variances shall only be issued upon a deter-
mination that the variance is the minimum necessary,
considering the flood hazard, to afford relief; and
in the instance of a historical building , a deter-
mination that the variance is the minimum necessary
so as not to destroy the historic character and de-
sign of the building.
2 . Variances shall only be issued upon ( 1 ) a
showing of good and sufficient cause and ( 2 ) a deter-
mination that failure to grant the variance would
result in exceptional hardship, and ; ( 3 ) a deter-
mination that the granting of a variance will not
result in increased flood heights , additional
threats to public safety , extraordinary public
expense, create nuisance, cause fraud on or victim-
ization of the public , or conflict with existing
local laws or ordinances.
3 . Any applicant to whom a variance is granted
shall be given written notice specifying the
difference between the base flood elevation and the
elevation to which the structure is to be built and
CHAPTER REVISED
17 MAR 87
§624 . 22 FLOOD DAMAGE PREVENTION §624. 26 320
stating that the cost of flood insurance will be
commensurate with the increased risk resulting from
the reduced lowest floor elevation.
4 . The Building Official shall maintain the re-
cords of all appeal actions and report any variances
to the Federal Emergency Management Agency upon re-
quest. [Ord. No. 5-87, §1, 2 May 78 ; Ord . No. 6-87 ,
§1, 17 Mar 87]
Article 5. Provisions for Flood Hazard Reduction
Sec . 624 . 26 General Standards . In all areas of
special flood hazard the following provisions shall
apply:
A . New construction and substantial improvements
shall be anchored to prevent flotation , collapse or
lateral movement of the structure;
B . Manufactured homes shall be anchored to prevent
flotation, collapse, or lateral movement . Methods of
anchoring may include , but are not limited to, use of
over-the-top or frame ties to ground anchors . This
standard shall be in addition to and consistent with
applicable state requirements for resisting wind
forces.
C . New construction and substantial improvements
shall be constructed with materials and utility equip-
ment resistant to flood damage;
D . New construction or substantial improvements
shall be constructed by methods and practices that mini-
mize flood damage;
E . Electrical , heating, ventilation , plumbing, air
conditioning equipment , and other service facilities
shall be designed and/or located so as to prevent water
from entering or accumulating within the components
during conditions of flooding.
F. New and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood
waters into the system;
CHAPTER REVISED
17 MAR 87
321 §624 . 26 FLOOD DAMAGE PREVENTION §624 . 27
G . New and replacement sanitary sewage systems shall
be designed to minimize or eliminate infiltration of
flood waters into the systems and discharges from the
systems into flood waters;
H. On-site waste disposal systems shall be located
and constructed to avoid impairment to them or contam-
ination from them during flooding, and;
I. Any alteration, repair, reconstruction or improve-
ments to a structure which is in compliance with the
provisions of this ordinance, shall meet the require-
ments of " new construction " as contained in this
ordinance. [ Ord. No. 5-87, §1, 2 May 78; Ord. No. 6-87,
§1, 17 Mar 87]
Sec . 624 . 27 Specific Standards . In all areas of
special flood hazard where base flood elevation data
have been provided, as set forth in Sec. 624 . 10 or Sec.
624 . 21, the following provisions are required:
A. Residential Construction . New construction or
substantial improvement of any residential structure
shall have the lowest floor , including basement, ele-
vated no lower than one ( 1 ) foot above the base flood
elevation . Should solid foundation perimeter walls be
used to elevate a structure , openings sufficient to
facilitate the unimpeded movements of flood waters
shall be provided in accordance with standards of Sec .
624 . 27.
B . Non-Residential Construction . New construction
or substantial improvement of any commercial , indust-
rial , or non-residential structure shall have the
lowest floor , including basement , elevated no lower
than one ( 1 ) foot above the level of the base flood
elevation . Structures located in all A-zones may be
flood-proofed in lieu of being elevated provided that
all areas of the structure below the required elevation
are water tight with walls substantially impermeable to
the passage of water , and use structural components
having the capability of resisting hydrostatic and
hydrodynamic loads and the effect of buoyancy . A
registered professional engineer or architect shall no return
CHAPTER REVISED
17 MAR 87
§624 . 27 FLOOD DAMAGE PREVENTION §624 .27 322
certify that the standards of this subsection are satis-
fied . Such certification shall be provided to the
official as set forth in Sec. 624 . 20.
C. Elevated Buildings. New construction or substant-
ial improvements of elevated buildings that include
fully enclosed areas formed by foundation and other
exterior walls below the base flood elevation shall be
designed to preclude finished living space and designed
to allow for the entry and exit of floodwaters to auto-
matically equalize hydrostatic flood forces on exterior
walls.
1 . Designs for complying with this requirement
must either be certified by a professional engineer
or architect or meet the following minimum criteria:
a . Provide a minimum of two openings having a
total net area of not less than one square inch
for every square foot of enclosed area subject to
flooding;
b . The bottom of all openings shall be no
higher than one foot above grade; and,
c . Openings may be equipped with screens ,
louvers , valves or other coverings or devices
provided they permit the automatic flow of flood-
waters in both directions.
2 . Electrical , plumbing, and other utility con-
nections are prohibited below the base flood ele-
vation;
3 . Access to the enclosed area shall be the mini-
mum necessary to allow for parking of vehicles
( garage door ) or limited storage of maintenance
equipment used in connection with the premises
( standard exterior door) or entry to the living area
( stairway or elevator) ; and
4 . The interior portion of such enclosed area
shall not be partitioned or finished into separate
rooms.
CHAPTER REVISED
17 MAR 87
323 §624 . 27 FLOOD DAMAGE PREVENTION §624 . 27
D. Floodways . Located within areas of special flood
hazard established in Sec. 624 . 10 are areas designated
as floodways . Since the floodway is an extremely
hazardous area due to the velocity of flood waters
which carry debris , potential projectiles and has
erosion potential , the following provisions shall
apply:
1 . Prohibit encroachments , including fill , new
construction , substantial improvements and other
developments unless certification ( with supporting
technical data ) by a registered professional
engineer is provided demonstrating that encroach-
ments shall not result in any increase in flood
levels during occurrence of the base flood
discharge;
2 . If Sec. 624 . 27 is satisfied, all new construct-
ion and substantial improvements shall comply with
all applicable flood hazard reduction provisions;
3 . Prohibit the placement of manufactured homes
(mobile homes) , except in an existing manufactured
home ( mobile homes) park or subdivision. A replace-
ment manufactured home may be placed on a lot in an
existing manufactured home park or subdivision pro-
vided the anchoring standards of Sec. 624 . 26 and the
elevation standards of Sec. 624 . 27 are met.
E . Coastal High Hazard Areas (V Zones ) . Located
within the areas of special flood hazard established in
Sec . 624 . 10 are areas designated as Coastal High Hazard
areas. These areas have special flood hazards associat-
ed with wave wash , therefore, the following provisions
shall apply:
1 . All buildings or structures shall be located
landward of the reach of the mean high tide;
2 . All buildings or structures shall be elevated
so that the bottom of the lowest supporting hori-
zontal member ( excluding pilings or columns ) is
located at/or above the base flood elevation level ,
with all space below the lowest supporting member
open so as not to impede the flow of water . Open
lattice work or decorative screening may be per-
mitted for aesthetic purposes only and must be de-
CHAPTER REVISED
17 MAR 87
§624 . 27 FLOOD DAMAGE PREVENTION §624 . 27 324
signed to wash away in the event of abnormal wave
action and in accordance with Sec. 624. 27;
3 . All buildings or structures shall be securely
anchored on pilings or columns;
4 . All pilings and columns and the attached
structures shall be anchored to resist flotation ,
collapse, and lateral movement due to the effect of
wind and water loads acting simultaneously on all
building components . The anchoring and support
system shall be designed with wind and water loading
values which equal or exceed the 100 year mean re-
currence interval ( one percent annual chance flood) .
5 . A registered professional engineer or archi-
tect shall certify that the design , specifications
and plans for construction are in compliance with
the provisions contained in Sec . 624 . 27 of this
ordinance.
6 . There shall be no fill used as structural
support. Non-compacted fill may be used around the
perimeter of a building for landscaping/aesthetic
purposes provided the fill will wash out from storm
surge , ( thereby rendering the building free of
obstruction) prior to generating excessive loading
forces , ramping effects , or wave deflection . The
Building Official shall approve design plans for
landscaping/aesthetic fill only after the applicant
has provided an analysis by an engineer , architect ,
and/or soil scientist, which demonstrates that the
following factors have been fully considered:
a . Particle composition of fill material does
not have a tendency for excessive natural compact-
ion;
b . Volume and distribution of fill will not
cause wave deflection to adjacent properties; and
c . Slope of fill will not cause wave run-up
or ramping.
CHAPTER REVISED
17 MAR 87
325 §624 . 27 FLOOD DAMAGE PREVENTION §624 . 27
7 . There shall be no alteration of sand dunes or
mangrove stands which would increase potential flood
damage.
8 . Lattice work or decorative screening shall be
allowed below the base flood elevation provided they
are not part of the structural support of the
building and are designed so as to breakaway , under
abnormally high tides or wave action, without damage
to the structural integrity of the building on which
they are to be used and provided the following de-
sign specifications are met:
a. No solid walls shall be allowed, and;
b . Material shall consist of lattice or mesh
screening only.
9 . If aesthetic lattice work or screening is util-
ized, such enclosed space shall not be designed to
be used for human habitation, but shall be designed
to be used only for parking of vehicles , building
access , or limited storage of maintenance equipment
used in connection with the premises.
10 . Prior to construction , plans for any struct-
ures that will have lattice work or decorative
screening must be submitted to the Building Official
for approval.
11 . Any alteration , repair , reconstruction or im-
provement to a structure shall not enclose the space
below the lowest floor except with lattice work or
decorative screening , as provided for in Sec .
624. 27.
12 . Prohibit the placement of manufactured homes
(mobile homes ) , except in an existing manufactured
home ( mobile homes) park or subdivision. A replace-
ment manufactured home may be placed on a lot in an
existing manufactured home park or subdivision pro-
vided the anchoring standards of Sec . 624 . 26 , and
the elevation standards of Sec . 624 . 27 are met .
[Ord. No. 5-78, §1, 2 May 78 ; Ord. No. 6-87 , §1 , 17
Mar 87]
CHAPTER REVISED
17 MAR 87
§624 . 28 FLOOD DAMAGE PREVENTION §624 . 30 326
Sec . 624 . 28 Standards for Streams without estab-
lished Base Flood Elevations and/or Floodways . Located
within the areas of special flood hazard established
where small streams exist but where no base flood data
have been provided or where no floodways have been pro-
vided, the following provisions apply:
A . No encroachments , including fill material or
structures shall be located within a distance of the
stream bank equal to one-half times the width of the
stream at the top of bank or twenty feet each side from
top of bank, whichever is greater, unless certification
by a registered professional engineer is provided demon-
strating that such encroachments shall not result in
any increase in flood levels during the occurrence of
the base flood discharge.
B . New construction or substantial improvements of
structures shall be elevated or flood-proofed to ele-
vations established in accordance with Sec . 624 . 21 .
[Ord. No. 6-87, §1, 17 Mar 87]
Sec. 624. 29 Standards for Subdivision Proposals.
A . All subdivision proposals shall be consistent
with the need to minimize flood damage;
B . All subdivision proposals shall have public
utilities and facilities such as sewer , gas , electrical
and water systems located and constructed to minimize
flood damage;
C . All subdivision proposals shall have adequate
drainage provided to reduce exposure to flood hazards ,
and;
D . Base flood elevation data shall be provided for
subdivision proposals and other proposed development
( including manufactured home parks and subdivisions)
which is greater than the lesser of fifty lots or five
acres. [Ord. No. 6-87, §1, 17 Mar 87]
Sec. 624 . 30 Standards for Areas of Shallow Flooding
(AO) Zones . Located within the areas of special flood
hazard established in text , are areas designated as
shallow flooding areas. These areas have special flog
hazards associated with base flood depths of one to > no return
CHAPTER REVISED
17 MAR 87
327 §624 . 30 FLOOD DAMAGE PREVENTION §624 . 31
three feet ( 1 ' - 3 ' ) where a clearly defined channel
does not exist and where the path of flooding is unpre-
dictable and indeterminate; therefore, the following
provisions shall apply:
A. All new construction and substantial improvements
of residential structures shall have the lowest floor ,
including basement , elevated to the depth number
specified on the Flood Insurance Rate Map , in feet ,
above the highest adjacent grade . If no depth number
is specified, the lowest floor , including basement ,
shall be elevated , at least two ( 2 ) feet above the
highest adjacent grade.
B . All new construction and substantial improvements
of non-residential structures shall:
1 . Have the lowest floor , including basement ,
elevated to the depth number specified on the Flood
Insurance Rate Map , in feet , above the highest
adjacent grade . If no depth number is specified,
the lowest floor , including basement shall be
elevated at least two ( 2 ) feet above the highest
adjacent grade, or;
2 . Together with attendant utility and sanitary
facilities be completely flood-proofed to or above
that level so that any space below that level is
watertight with walls substantially impermeable to
the passage of water and with structural components
having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy. [Ord.
No. 6-87, §1, 17 Mar 87]
Sec . 624 . 31 Severability. If any provision of this
chapter or the application thereof to any person or
circumstance is held invalid, the invalidity shall not
affect other provisions or applications of the chapter
which can be given effect without the invalid provision
or application and to this end the provisions of this
chapter are declared severable . [ Ord . No. 5-78, §1, 2
May 78; Ord. No. 6-87, §1, 17 Mar 87 ]
CHAPTER REVISED
17 MAR 87
§624 . 32 FLOOD DAMAGE PREVENTION §624 . 32 328
Sec . 624 . 32 Penalty. Any person violating any of
the provisions of this Chapter shall be punished as
provided in Sec. 801. 05 . [Ord. No. 5-78, §1, 2 May 78;
Ord. No. 6-87, §1, 17 Mar]
CHAPTER REVISED
17 MAR 87
City of Cape Canaveral
105 POLK AVENUE • P.O. BOX 326
CAPE CANAVERAL, FLORIDA 32920
TELEPHONE 407 783-1100
CITY OF
CAPE CANAVERAL
January 12, 1989
Mr. Frank H. Thomas
Assistant Administrator
Office of Loss Reduction
Federal Insurance Administration
Federal Emergency Management Agency
Washington, D.C. 20472
Dear Mr. Thomas:
In response to your letter dated January 3, 1989 which
served as a reminder that the City is obligated to adopt
legally enforceable floodplan measures, I am enclosing a copy
of Chapter 624 of the City Codes, entitled "Flood Damage
Prevention" , adopted in March 1987.
I believe that this Chapter 624 is sufficient to satisfy
our obligation. If you disagree, please notify me and I will
take whatever action is necessary to bring us into compliance.
Sincerely,
Leo C. Nicholas
City Manager
LCN/tjb
Enclosures
Codified 1987
Complete
ORDINANCE NO. 6-87
AN ORDINANCE AMENDING CHAPTER 624 , FLOOD
DAMAGE PREVENTION, OF THE CODE OF ORDINANCES
OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, BY REPEALING THE CHAPTER IN
ITS ENTIRETY AND ADOPTING A NEW CHAPTER;
PROVIDING PENALITIES FOR VIOLATION; PROVIDING
FINDINGS OF FACT; PROVIDING DEFINITIONS;
PROVIDING FOR SEVERABILITY; REPEALING ALL
PORTIONS OF THE CODE IN CONFLICT HEREWITH;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida has
delegated the responsibility to local governmental units to adopt
regulations designed to promote the public health, safety, and
general welfare of its citizenry.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Cape Canaveral, Brevard County, Florida, as follows:
SECTION 1. Chapter 624 , Flood Damage Prevention, of the
Code of Ordinances of the City of Cape Canaveral, Florida, is
hereby repealed in its entirety and replaced with the following:
Cheryl - please change this on ouj ord!
CHAPTER 624
FLOOD DAMAGE PREVENTION
Article 1. Findings of Fact, Purpose and Objectives.
Sec. 624 . 01 Findings of Fact. JUSTIFY RIGHT MARGINS
(A) The flood hazard areas of the City of Cape
Canaveral are subject to periodic inundation which
results in loss of life and property, health and safety
hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood
protection and relief, and impairment of the tax base,
all of which adversely affect the public health, safety
and general welfare.
(B) These flood losses are caused by the cumulative
effect of obstructions in floodplains causing increases
in flood heights and velocities, and by the occupancy
in flood hazard areas by uses vulnerable to floods or
hazardous to other lands which are inadequately
elevated, floodproofed, or otherwise unprotected from
flood damages. [star symbol][Ord. No. 5-78, §1, 2 May 78; Ord. No.
[6-87, §1, 17 Mar 87]
Sec. 624 . 02 Statement of Purpose. It is the
purpose of this ordinance to promote the public health,
safety and general welfare and to minimize public and
private losses due to flood conditions in specific
areas by provisions designed to:
(A) Restrict or prohibit uses which are dangerous
to health, safety and property due to water or erosion
hazards, or which result in damaging increases in
erosion or in flood heights or velocities;
ORDINANCE NO. 6-87
PAGE 1 OF 16
(B) Require that uses vulnerable to floods ,
including facilities which serve such uses, be
protected against flood damage at the time of initial
construction;
(C) Control the alteration of natural floodplains,
stream channels, and natural protective barriers which
are involved in the accomodation of flood waters;
(D) Control filling, grading, dredging and other
development which may increase erosion or flood damage,
and;
(E) Prevent or regulate the construction of flood
barriers which will unnaturally divert flood waters or
which may increase flood hazards to other lands. [star symbol]
Sec 624 .03 Objectives. The objectives of this
chapter are:
(A) To protect human life and health;
(B) To minimize expenditure of public money for
costly flood control projects;
(C) To minimize the need for rescue and relief
efforts associated with flooding and generally
undertaken at the expense of the general public;
(D) To minimize prolonged business interruptions;
(E) To minimize damage to public facilities and
utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges located
in floodplains;
(F) To help maintain a stable tax base by providing
for the sound use and development of flood prone areas
in such a manner as to minimize flood blight areas; and
(G) To insure that potential home buyers are
notified that property is in a flood area. [star symbol]
Article 2 . Definitions
Sec. 624 . 07 Definitions. Unless specifically
defined below, words or phrases used in this
chapter shall be interpreted so as to give them the
meaning they have in common usage and to_ give this
chapterits most reasonable application.
Indent only 3 spaces Addition ( to an existing building) means any
walled and roofed expansion to the perimeter of a
building in which the addition is connected by a common
load-bearing wall other than a fire wall. Any walled
and roofed addition which is connected by a fire wall
or is separated by independent perimeter load-bearing
walls is new construction.
[indent symbol] Appeal means a request for a review of the City
of Cape Canaveral 's interpretation of any provision of
this ordinance or a request for a variance.
ORDINANCE NO. 6-87
PAGE 2 OF 16
[indent symbol] Area of Shallow Flooding means a designated AO or
VO Zone on a community' s Flood Insurance Rate Map
(FIRM) with base flood depths from one to three feet
where a clearly defined channel does not exist, where
the path of flooding is unpredictable and
indeterminate, and where velocity flow may be evident.
[indent symbol] Area of Special Flood Hazard is the land in the
floodplain within a community subject to a one percent
or greater chance of flooding in any given year.
[indent symbol] Base Flood means the flood having a one percent
chance of being equaled or exceeded in any given year.
[indent symbol] Basement means that portion of a building having
its floor subgrade (below ground level ) on all sides.
[indent symbol] Breakaway Wall means a wall that is not part of
the structural support of the building and is intended
through its design and construction to collapse under
specific lateral loading forces without causing damage
to the elevated portion of the building or the
supporting foundation system.
[indent symbol] Building means any structure built for support,
shelter, or enclosure for any occupancy or storage.
[indent symbol] Coastal High Hazard Area means the area subject
to high velocity waters caused by, but not limited to,
hurricane wave wash. The area is designated on a FIRM
as Zone Vl - 30, VE or V.
[indent symbol] Development means any man-made change to improved
or unimproved real estate, including, but not limited
to, buildings or other structures, mining, dredging,
filling, grading, paving, excavating, drilling
operations, or permanent storage of materials .
[indent symbol] Elevated Building means a non-basement building
built to have the lowest floor elevated above the
ground level by means of fill, solid foundation
perimeter walls, pilings, columns (posts and piers) ,
shear walls, or breakaway walls.
[indent symbol] Flood or Flooding means a general and temporary
condition of partial or complete inundation of normally
dry land areas from the overflow of inland or tidal
waters; and/or the unusual and rapid accumulation or
runoff of surface waters from any source.
[indent symbol] Flood Hazard Boundary Map (FHBM) means an
official map of a community, issued by the Federal
Emergency Management Agency, where the boundaries of
the areas of special flood hazard have been defined as
Zone A.
[indent symbol] Flood Insurance Rate Map (FIRM) means an official
map of a community, on which the Federal Emergency
Management Agency has delineated both the areas of
special flood hazard and the risk premium zones
applicable to the community.
[indent symbol] Flood Insurance Study is the official report
provided by the Federal Emergency Management Agency.
The report contains flood profiles, as well as the
Flood Boundary Floodway Map and the water surface
elevation of the base flood.
ORDINANCE NO. 6-87
PAGE 3 OF 16
[indent symbol] Floodway means the channel of a river or other
watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation
more than one foot.
[indent symbol] Floor means the top surface of an enclosed area
in a building ( including basement) , i .e. , top of slab
in concrete slab construction or top of wood flooring
in wood frame construction. The term does not include
the floor of a garage used solely for parking vehicles.
[indent symbol] Functionally Dependent Facility means a facility
which cannot be used for its intended purpose unless it
is located or carried out in close proximity to water,
such as a docking or port facility necessary for the
loading and unloading of cargo or passengers,
shipbuilding, ship repair, or seafood processing
facilities. The term does not include long-term
storage, manufacture, sales, or service facilities.
[indent symbol] Highest Adjacent Grade means the highest natural
elevation of the ground surface, prior to construction,
next to the proposed walls of a structure.
[indent symbol] Mangrove Stand means an assemblage of mangrove
trees which is mostly low trees noted for a copious
development of interlacing adventitious roots above the
ground and which contain one or more of the following
species: black mangrove (Avicennia nitida ) ; red
mangrove (Rhizophora mangle) ; white mangrove
(Languncularia racemosa ) ; and buttonwood (Conocarpus
erecta ) .
[indent symbol] Mean Sea Level means the average height of the
sea for all stages of the tide. It is used as a
reference for establishing various elevations within
the flood plain. For purpose of this ordinance, the
term is synonymous with National Geodetic Vertical
Datum (NGVD) .
[indent symbol] Manufactured Home means a structure,
transportable in one or more sections , which is built
on a permanent chassis and designed to be used with or
without a permanent foundation when connected to the
required utilities. The term also includes park
trailers, travel trailers, and similar transportable
structures placed on a site for 180 consecutive days or
longer and intended to be improved property.
[indent symbol] National Geodetic Vertical Datum (NGVD) as
corrected in 1929 is a vertical control used as a
reference for establishing varying elevations within
the flood plain.
[indent symbol] New Construction means structures for which the
"start of construction" commenced on or after the
effective date of this ordinance.
[indent symbol] Sand Dunes means naturally occurring
accumulations of sand in ridges or mounds landward of
the beach.
ORDINANCE NO. 6-87
PAGE 4 OF 16
[indent symbol] Start Of Construction ( for other than new
construction or substantial improvements under the
Coastal Barrier Resources Act (P. L. 97-348 ) , includes
substantial improvement, and means the date the
building permit was issued, provided the actual start
of construction, repair, reconstruction, or improvement
was within 180 days of the permit date. The actual
start means the first placement of permanent
construction of a structure ( including a manufactured
home) on a site, such as the pouring of slabs or
footings, installation of piles, construction of
columns, or any work beyond the stage of excavation or
the placement of a manufactured home on a foundation.
Permanent construction does not include land
preparation, such as clearing, grading and filling; nor
does it include the installation of streets and/or
walkways; nor does it include excavation for a
basement, footings, piers or foundations or the
erection of temporary forms; nor does it include the
installation on the property of accessory buildings ,
such as garages or sheds not occupied as dwelling units
or not part of the main structure.
[indent symbol] Structure means a walled and roofed building that
is principally above ground, a manufactured home, a gas
or liquid storage tank, or other man-made facilities or
infrastructures.
[indent symbol] Substantial Improvement means any combination of
repairs, reconstruction, alteration, or improvements to
a structure, taking place during the life of a
structure, in which the cumulative cost equals or
exceeds fifty percent of the market value of the
structure. The market value of the structure should be
( 1 ) the appraised value of the structure prior to the
start of the initial repair or improvement, or ( 2 ) in
the case of damage, the value of the structure prior to
the damage occuring. 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 any project for improvement of a
structure required to comply with existing health,
sanitary, or safety code specifications which are
solely necessary to assure safe living conditions.
[indent symbol] Variance is a grant of relief from the
requirements of this ordinance which permits
construction in a manner otherwise prohibited by this
ordinance where specific enforcement would result in
unnecessary hardship. [Ord. No. 5-78, §1, 2 May 78; Ord. No. 12-82,
[star symbol 2] §2, 20 Jul 82; Ord. No. 6-87, § 1, 17 Mar 87]
Article 3 . General Provisions
Sec. 624 . 09 Lands To Which This Ordinance Applies.
This ordinance shall apply to all areas of special
flood hazard within the jurisdiction of the City of
Cape Canaveral. [star symbol]
Sec. 624 . 10 Basis for Establishing the Areas of
Special Flood Hazard. The areas of special flood
hazard identified by the Federal Emergency Management
Agency in its Flood Insurance Rate Map, dated September
16, 1982, with accompanying maps and other supporting
data, and any revision thereto, are adopted by
reference and declared to be a part of this ordinance. [star symbol 2]
ORDINANCE NO. 6-87
PAGE 5 OF 16
Sec. 624 . 11 Establishment of Development Permit. A
Development Permit shall be required in conformance
with the provisions of this ordinance prior to the
commencement of any development activities. [star symbol]
Sec. 624 . 12 Compliance. No structure or land shall
hereafter be located, extended, converted or
structurally altered without full compliance with the
terms of this ordinance and other applicable
regulations. [star symbol]
Sec. 624 . 13 Abrogation and Greater Restrictions .
This ordinance is not intended to repeal, abrogate, or
impair any existing easements, covenants, or deed
restrictions . However, where this ordinance and
another conflict or overlap, whichever imposes the more
stringent restrictions shall prevail. [star symbol]
Sec. 624 . 14 Interpretation. In the interpretation
and application of this ordinance all provisions shall
be: ( 1) considered as minimum requirements; ( 2 )
liberally construed in favor of the governing body,
and; ( 3 ) deemed neither to limit nor repeal any other
powers granted under state statutes. [star symbol]
Sec. 624 . 15 Warning and Disclaimer of Liability.
The degree of flood protection required by this
ordinance is considered reasonable for regulatory
purposes and is based on scientific and engineering
consideration. Larger floods can and will occur on
rare occasions. Flood heights may be increased by
man-made or natural causes . This ordinance does not
imply that land outside the areas of special flood
hazard or uses permitted within such areas will be free
from flooding or flood damages . This ordinance shall
not create liability on the part of the City of Cape
Canaveral or by any officer or employee thereof for any
flood damages that result from reliance on this
ordinance or any administrative decision lawfully made
thereunder. [star symbol]
Article 4 . Administration
Sec. 624 . 19 Designation of Administrator. The
Building Official is hereby appointed to administer and
implement the provisions of this Ordinance. [star symbol]
Sec. 624 . 20 Permit Procedures. Application for a
Development Permit shall be made to the Building
Official on forms furnished by him or her prior to any
development activities, and may include, but not be
limited to, the following plans in duplicate drawn to
scale showing the nature, location, dimensions, and
elevations of the area in question; existing or
proposed structures, fill, storage of materials,
drainage facilities, and the location of the foregoing.
Specifically, the following information is required:
(A) Application Stage.
3 spaces Elevation in relation to mean sea level of
the proposed lowest floor ( including basement) of all
structures;
indent text 3 spaces
ORDINANCE NO. 6-87
PAGE 6 OF 16
3 spaces ( 2 ) Elevation in relation to mean sea level to
which any non-residential structure will be
flood-proofed;
3 spaces (3 ) Certificate from a registered professional
engineer or architect that the non-residential
flood-proofed structure will meet the flood-proofing
criteria in Sec. 624. 27;
3 spaces (4 ) Description of the extent to which any
watercourse will be altered or relocated as a result of
proposed development, and;
B) Construction Stage. Provide a floor elevation
or flood-proofing certification after the lowest floor
is completed, or in instances where the structure is
subject to the regulations applicable to Coastal High
Hazard Areas, after placement of the horizontal
structural members of the lowest floor. Upon placement
of the lowest floor, or flood-proofing by whatever
construction means, or upon placement of the horizontal
structural members of the lowest floor, whichever is
applicable, it shall be the duty of the permit holder
to submit to the Building Official a certification of
the elevation of the lowest floor, flood-proofed
elevation, or the elevation of the lowest portion of
the horizontal structural members of the lowest floor,
whichever is applicable, as built, in relation to mean
sea level. Said certification shall be prepared by or
under the direct supervision of a registered land
surveyor or professional engineer and certified by same.
When flood-proofing is utilized for a particular
building, said certification shall be prepared by or
under the direct supervision of a professional engineer
or architect and certified by same. Any work
undertaken prior to submission of the certification
shall be at the permit holder 's risk. The Building
Official shall review the floor elevation survey data
submitted. Deficiencies detected by such review shall
be corrected by the permit holder immediately and prior
to further progressive work being permitted to proceed.
Failure to submit the survey or failure to make said
corrections required hereby, shall be cause to issue a
stop-work order for the project.
Sec. 624. 21 Duties and Responsibilities of the
Administrator. Duties of the Building Official shall
include, but not be limited to:
(A) Review all development permits to assure that
the permit requirements of this ordinance have been
satisified.
(B) Advise permittee that additional federal or
state permits may be required, and if specific federal
or state permit requirements are known, require that
copies of such permits be provided and maintained on
file with the development permit.
(C) Notify adjacent communities and the Florida
Department of Environmental Regulations prior to any
alteration or relocation of a watercourse, and submit
evidence of such notification to the Federal Emergency
Management Agency.
ORDINANCE NO. 6-87
PAGE 7 OF 16
( D) Assure that maintenance is provided within the
altered or relocated portion of said watercourse so
that the flood-carrying capacity is not diminished.
(E) Verify and record the actual elevation ( in
relation to mean sea level ) of the lowest floor
( including basement) of all new or substantially
improved structures, in accordance with Sec. 624 . 20.
(F) Verify and record the actual elevation ( in
relation to mean sea level) to which the new or
substantially improved structures have been
flood-proofed, in accordance with Sec. 624 . 20.
(G) In Coastal Hazard Areas, certification shall be
obtained from a registered professional engineer or
architect that the structure is designed to be securely
anchored to adequately anchored pilings or columns in
order to withstand velocity waters and hurricane wave
wash.
(H) In Coastal High Hazard Areas, the Building
Official shall review plans for adequacy of breakaway
walls in accordance with Sec. 624. 27.
( I) When flood-proofing is utilized for a
particular structure, the Building Official shall
obtain certification from a registered professional
engineer or architect, in accordance with Sec. 624. 27.
(J) Where interpretation is needed as to the exact
location of boundaries of the areas of special flood
hazard ( for example, where there appears to be a
conflict between a mapped boundary and actual field
conditions) the Building Official, shall make the
necessary interpretation . The person contesting the
location of the boundary shall be given a reasonable
opportunity to appeal the interpretation as provided in
this article.
(K) When base flood elevation data or floodway data
have not been provided in accordance with Sec. 624 . 10,
then the Building Official shall obtain, review and
reasonably utilize any base flood elevation and
floodway data available from a federal, state or other
source, in order to administer the provisions of
Article 5.
(L) All records pertaining to the provisions of
this ordinance shall be maintained in the office of the
Building Official and shall be open for public
inspection. [star symbol]
Sec. 624 . 22 Variance Procedures .
(A) The Zoning Board of Adjustment as established
by the City of Cape Canaveral shall hear and decide
appeals and requests for variances from the
requirements of this ordinance.
(B) The Zoning Board of Adjustment shall hear and
decide appeals when it is alleged there is an error in
any requirements, decision, or determination made by
the Building Official in the enforcement or
administration of this ordinance.
ORDINANCE NO. 6-87
PAGE 8 OF 16
(C) Any person aggrieved by the decision of the
Zoning Board of Adjustment or any taxpayer may appeal
such decision to the Circuit Court.
(D) Variances may be issued for the reconstruction,
rehabilitation or restoration of structures listed on
the National Register of Historic Places or the State
Inventory of Historic Places without regard to the
procedures set forth in the remainder of this section,
except for Sub-Paragraph H ( 1) and ( 4 ) below, and
provided the proposed reconstruction, rehabilitation,
or restoration will not result in the structure losing
its historical designation.
(E) In passing upon such application, the Zoning
Board of Adjustment shall consider all technical
evaluations, all relevant factors, all standards
specified in other sections of this ordinance, and:
indent text 3 spaces ( 1 ) The danger that materials may be swept
onto other lands to the injury of others;
[indent symbol] ( 2 ) The danger to life and property due to
flooding or erosion damage;
[indent symbol] ( 3 ) The susceptibility of the proposed
facility and its contents to flood damage and the
effect of such damage on the individual owner;
[indent symbol] ( 4 ) The importance of the services provided by
the proposed facility to the community;
[indent symbol] ( 5 ) The necessity of the facility to a
waterfront location, in the case of a functionally
dependent facility;
[indent symbol] ( 6 ) The availability of alternative locations,
not subject to flooding or erosion damage, for the
proposed use;
[indent symbol] ( 7 ) The compatability of the proposed use with
existing and anticipated development;
[indent symbol] ( 8 ) The relationship of the proposed use to
the comprehensive plan and floodplain management
program for that area;
[indent symbol] ( 9 ) The safety of access to the property in
times of flood for ordinary and emergency vehicles .
[indent symbol] ( 10) The expected heights, velocity, duration,
rate of rise and sediment transport of the flood waters
and the effects of wave action, if applicable, expected
at the site, and;
[indent symbol] ( 11) The costs of providing governmental
services during and after flood conditions including
maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, water
systems, and streets and bridges.
(F) Upon consideration of the factors listed above,
and the purposes of this ordinance, the Zoning Board of
Adjustment may attach such conditions to the granting
of variances as it deems necessary to further the
purposes of this ordinance.
ORDINANCE NO. 6-87
PAGE 9 OF 16
(G) Variances shall not be issued within any
designated floodway if any increase in flood levels
during the base flood discharge would result.
(H) Conditions for Variances:
[indent symbol] ( 1 ) Variances shall only be issued upon a
determination that the variance is the minimum
necessary, considering the flood hazard, to afford
relief; and in the instance of a historical building, a
determination that the variance is the minimum
necessary so as not to destroy the historic character
and design of the building.
[indent symbol] ( 2 ) Variances shall only be issued upon ( 1) a
showing of good and sufficient cause and ( 2 ) a
determination that failure to grant the variance would
result in exceptional hardship, and; ( 3 ) a
determination that the granting of a variance will not
result in increased flood heights , additional threats
to public safety, extraordinary public expense, create
nuisance, cause fraud on or victimization of the
public, or conflict with existing local laws or
ordinances.
[indent symbol] ( 3 ) Any applicant to whom a variance is
granted shall be given written notice specifying the
difference between the base flood elevation and the
elevation to which the structure is to be built and
stating that the cost of flood insurance will be
commensurate with the increased risk resulting from the
reduced lowest floor elevation.
[indent symbol] ( 4 ) The Building Official shall maintain the
records of all appeal actions and report any variances
to the Federal Emergency Management Agency upon
request. [star symbol]
Article 5. Provisions for Flood Hazard Reduction
Sec. 624 . 26 General Standards . In all areas of
special flood hazard the following provisions shall
apply:
(A) New construction and substantial improvements
shall be anchored to prevent flotation, collapse or
lateral movement of the structure;
(B) Manufactured homes shall be anchored to prevent
flotation, collapse, or lateral movement. Methods of
anchoring may include, but are not limited to, use of
over-the-top or frame ties to ground anchors . This
standard shall be in addition to and consistent with
applicable state requirements for resisting wind
forces.
(C) New construction and substantial improvements
shall be constructed with materials and utility
equipment resistant to flood damage;
( D) New construction or substantial improvements
shall be constructed by methods and practices that
minimize flood damage;
ORDINANCE NO. 6-87
PAGE 10 OF 16
•
(E) Electrical, heating, ventilation, plumbing, air
conditioning equipment, and other service facilities
shall be designed and/or located so as to prevent water
from entering or accumulating within the components
during conditions of flooding.
(F) New and replacement water supply systems shall
be designed to minimize or eliminate infiltration of
flood waters into the system;
(G) New and replacement sanitary sewage systems
shall be designed to minimize or eliminate infiltration
of flood waters into the systems and discharges from
the systems into flood waters;
(H) On-site waste disposal systems shall be located
and constructed to avoid impairment to them or
contamination from them during flooding, and;
( I ) Any alteration, repair, reconstruction or
improvements to a structure which is in compliance with
the provisions of this ordinance, shall meet the
requirements of "new construction" as contained in this
ordinance. [star symbol]
Sec. 624 . 27 Specific Standards. In all areas of
special flood hazard where base flood elevation data
have been provided, as set forth in Sec. 624 . 10 or Sec.
624. 21, the following provisions are required:
(A) Residential Construction. New construction or
substantial improvement of any residential structure
shall have the lowest floor, including basement,
elevated no lower than one ( 1) foot above the base
flood elevation. Should solid foundation perimeter
walls be used to elevate a structure, openings
sufficient to facilitate the unimpeded movements of
flood waters shall be provided in accordance with
standards of Sec. 624 . 27.
( B) Non-Residential Construction. New construction
or substantial improvement of any commercial,
industrial, or non-residential structure shall have the
lowest floor, including basement, elevated no lower
than one ( 1 ) foot above the level of the base flood
elevation. Structures located in all A-zones may be
flood-proofed in lieu of being elevated provided that
all areas of the structure below the required elevation
are water tight with walls substantially impermeable to
the passage of water, and use structural_ components
having the capability of resisting hydrostatic and
hydrodynamic loads and the effect of buoyancy. A
registered professional engineer or architect shall
certify that the standards of this subsection are
satisfied. Such certification shall be provided to the
official as set forth in Sec. 624 . 20.
(C) Elevated Buildings. New construction or
substantial improvements of elevated buildings that
include fully enclosed areas formed by foundation and
other exterior walls below the base flood elevation
shall be designed to preclude finished living space and
designed to allow for the entry and exit of floodwaters
to automatically equalize hydrostatic flood forces on
exterior walls.
ORDINANCE NO. 6-87
PAGE 11 OF 16
[indent symbol] ( 1 ) Designs for complying with this
requirement must either be certified by a professional
engineer or architect or meet the following minimum
criteria:
Cheryl I'll help you format this [indent symbol] (a) Provide a minimum of two openings
having a total net area of not less than one square
inch for every square foot of enclosed area subject to
flooding;
[indent symbol] (b) The bottom of all openings shall be
no higher than one foot above grade; and,
(c) Openings may be equipped with
[indent symbol]screens, louvers, valves or other coverings or devices
provided they permit the automatic flow of floodwaters
in both directions.
( 2 ) Electrical, plumbing, and other utility
connections are prohibited below the base flood
elevation;
( 3 ) Access to the enclosed area shall be the
minimum necessary to allow for parking of vehicles
[checkmark] garage door) or limited storage of maintenance
equipment used in connection with the premises
( standard exterior door) or entry to the living area
( stairway or elevator) ; and
( 4 ) The interior portion of such enclosed area
shall not be partitioned or finished into separate
rooms.
(D) Floodways. Located within areas of special
flood hazard established in Sec. 624 . 10 are areas
designated as floodways. Since the floodway is an
extremely hazardous area due to the velocity of flood
waters which carry debris, potential projectiles and
has erosion potential, the following provisions shall
apply:
[indent symbol] ( 1 ) Prohibit encroachments, including fill,
new construction, substantial improvements and other
developments unless certification (with supporting
tec nical data) by a registered professional engineer
is provided demonstrating that encroachments shall not
result in any increase in flood levels during
occurrence of the base flood discharge;
[indent symbol] ( 2 ) If Sec. 624 . 27 is satisfied, all new
construction and substantial improvements shall comply
with all applicable flood hazard reduction provisions;
( 3 ) Prohibit the placement of manufactured
[indent symbol] homes (mobile homes ) , except in an existing
manufactured home (mobile homes ) park or subdivision.
A r placement manufactured home may be placed on a lot
in n existing manufactured home park or subdivision
pro ided the anchoring standards of Sec. 624 . 26 and the
elevation standards of Sec. 624 . 27 are met.
(E) Coastal High Hazard Areas (V Zones ) . Located
within the areas of special flood hazard established in
Sec. 624 . 10 are areas designated as Coastal High Hazard
areas . These areas have special flood hazards
associated with wave wash, therefore, the following
provisions shall apply:
ORDINANCE NO. 6-87
PAGE 12 OF 16
[indent symbol] ( 1 ) All buildings or structures shall be
located landward of the reach of the mean high tide;
[indent symbol] ( 2 ) All buildings or structures shall be
elevated so that the bottom of the lowest supporting
horizontal member ( excluding pilings or columns) is
located at/or above the base flood elevation level,
with all space below the lowest supporting member open
so as not to impede the flow of water . Open lattice
work or decorative screening may be permitted for
aesthetic purposes only and must be designed to wash
away in the event of abnormal wave action and in
accordance with Sec. 624 . 27;
[indent symbol] ( 3 ) All buildings or structures shall be
securely anchored on pilings or columns;
[indent symbol] ( 4 ) All pilings and columns and the attached
structures shall be anchored to resist flotation,
collapse, and lateral movement due to the effect of
wind and water loads acting simultaneously on all
building components. The anchoring and support system
shall be designed with wind and water loading values
which equal or exceed the 100 year mean recurrence
interval (one percent annual chance flood) .
[indent symbol] ( 5 ) A registered professional engineer or
architect shall certify that the design, specifications
and plans for construction are in compliance with the
provisions contained in Sec. 624 . 27 of this ordinance.
[indent symbol] ( 6 ) There shall be no fill used as structural
support. Non-compacted fill may be used around the
perimeter of a building for landscaping/aesthetic
purposes provided the fill will wash out from storm
surge, ( thereby rendering the building free of
obstruction) prior to generating excessive loading
forces, ramping effects,. or wave deflection. The
Building Official shall approve design plans for
landscaping/aesthetic fill only after the applicant has
provided an analysis by an engineer, architect, and/or
soil scientist, which demonstrates that the following
factors have been fully considered:
[indent symbol] (a) Particle composition of fill material
does not have a tendency for excessive natural
compaction;
[indent symbol] (b) Volume and distribution of fill will
not cause wave deflection to adjacent properties; and
[indent symbol] (c) Slope of fill will not cause wave
run-up or ramping.
[indent symbol] ( 7 ) There shall be no alteration of sand dunes
or mangrove stands which would increase potential flood
damage.
[indent symbol] ( 8 ) Lattice work or decorative screening shall
be allowed below the base flood elevation provided they
are not part of the structural support of the building
ORDINANCE NO. 6-87
PAGE 13 OF 16
and are designed so as to breakaway, under abnormally
high tides or wave action, without damage to the
structural integrity of the building on which they are
to be used and provided the following design
specifications are met:
(a) No solid walls shall be allowed, and;
[indent symbol] (b) Material shall consist of lattice or
mesh screening only.
[indent symbol] ( 9 ) If aesthetic lattice work or screening is
utilized, such enclosed space shall not be designed to
be used for human habitation, but shall be designed to
be used only for parking of vehicles , building access,
or limited storage of maintenance equipment used in
connection with the premises.
[indent symbol] ( 10 ) Prior to construction, plans for any
structures that will have lattice work or decorative
screening must be submitted to the Building Official
for approval.
[indent symbol] ( 11) Any alteration, repair, reconstruction or
improvement to a structure shall not enclose the space
below the lowest floor except with lattice work or
decorative screening, as provided for in Sec. 624 . 27.
[indent symbol] ( 12 ) Prohibit the placement of manufactured
homes (mobile homes ) , except in an existing
man factured home (mobile homes) park or subdivision.
A replacement manufactured home may be placed on a lot
in an existing manufactured home park or subdivision
provided the anchoring standards of Sec. 624 . 26, and
the elevation standards of Sec. 624 . 27 are met. [star symbol]
Sec. 624 . 28 Standards for Streams without
established Base Flood Elevations and/or Floodways.
Located within the areas of special flood hazard
established where small streams exist but where no base
flood data have been provided or where no floodways
have been provided, the following provisions apply:
(A) No encroachments, including fill material or
structures shall be located within a distance of the
stream bank equal to one-half times the width of the
stream at the top of bank or twenty feet each side from
top of bank, whichever is greater, unless certification
by a registered professional engineer is provided
demonstrating that such encroachments shall not result
in any increase in flood levels during the occurrence
of the base flood discharge.
(B) New construction or substantial improvements of
structures shall be elevated or flood-proofed to
elevations established in accordance with Sec. 624 . 21.
[Ord. No. 6-87, §1, 17 Mar 87]
#3 Sec. 624 . 29 Standards for Subdivision Proposals.
(A) All subdivision proposals shall be consistent
with the need to minimize flood damage;
(B) All subdivision proposals shall have public
utilities and facilities such as sewer, gas, electrical
and water systems located and constructed to minimize
flood damage;
ORDINANCE NO. 6-87
PAGE 14 OF 16
(C) All subdivision proposals shall have adequate
drainage provided to reduce exposure to flood hazards,
and;
(D) Base flood elevation data shall be provided for
subdivision proposals and other proposed development
( including manufactured home parks and subdivisions)
which is greater than the lesser of fifty lots or five
acres. [star symbol] #3
Sec. 624. 30 Standards for Areas of Shallow Flooding
(AO) Zones . Located within the areas of special flood
hazard established in text, are areas designated as
shallow flooding areas . These areas have special flood
hazards associated with base flood depths of one to
three feet (1' - 3 ' ) where a clearly defined channel
does not exist and where the path of flooding is
unpredictable and indeterminate; therefore, the
following provisions shall apply:
(A) All new construction and substantial
improvements of residential structures shall have the
lowest floor, including basement, elevated to the depth
number specified on the Flood Insurance Rate Map, in
feet, above the highest adjacent grade. If no depth
number is specified, the lowest floor , including
basement, shall be elevated, at least two ( 2 ) feet
above the highest adjacent grade.
(B) All new construction and substantial
improvements of non-residential structures shall:
[indent symbol] ( 1 ) Have the lowest floor, including basement,
elevated to the depth number specified on the Flood
Insurance Rate Map, in feet, above the highest adjacent
grade. If no depth number is specified, the lowest
floor, including basement shall be elevated at least
two (2 ) feet above the highest adjacent grade, or;
[indent symbol] ( 2 ) Together with attendant utility and
sanitary facilities be completely flood-proofed to or
above that level so that any space below that level is
watertight with walls substantially impermeable to the
passage of water and with structural components having
the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy. [star symbol] #3
'Sec. 624. 31 Severability. If any provision of this
chapter or the application thereof to any person or
circumstance is held invalid, the invalidity shall not
affect other provisions or applications of the chapter
which can be given effect without the invalid provision
or application and to this end the provisions of this
chapter are declared severable. [star symbol]
Sec. 624 . 32 Penalty. Any person violating any of
the provisions of this Chapter shall be punished as
provided in Sec. 801. 05 . [star symbol]
ORDINANCE NO. 6-87
PAGE 15 OF 16
SECTION 2 . All portions of the Code in conflict herewith
are hereby repealed.
SECTION 3 . This Ordinance shall become effective
immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 17th day of March , 1987.
[signature]
Mayor
ATTEST:
[signature]
City Clerk
Approved as to Form:
[signature]
City Attorney
First Reading: 3-03-87
Posted: 3-04-87
Advertised: 3-06-87
Second Reading: 3-17-87
NAME YES NO
HOOG YES
KIDD YES
LEE YES
MARCHETTI YES
ORDINANCE NO. 6-87
PAGE 16 OF 16
860474
FILE COPY
CC City Mgr City Atty Bldg Off
FILE COPY
[FEMA seal]
Federal Emergency Management Agency
Washington, D.C. 20472
SEP 12 1986 [60.3(c) (d) (e) Communities]
MEMORANDUM FOR: CHIEF EXECCUTIVE OFFICER
FROM Francis V. Reilly [siganture]
Deputy Administrator
Federal Insurance Administration
SUBJECT Revisions to National Flood Insurance
Program Floodplain Management Criteria
On August 25, 1986, the Federal Emergency Management Agency (FEMA)
published a final rule in the Federal Register which revises National
Flood Insurance Program (NFIP) floodplain management criteria (copy
attached ) . I appreciate the many comments provided by communities
on the proposed rule, which was forwarded to you previously. A
number of these comments have been incorporated into the final rule
and others will be considered in the future.
FEMA believes that the provisions in this final rule and the earlier
final rules will assist you in implementing and administering your
local ordinance and, in addition, help to further reduce future
flood damages in your community. These rules conclude a 2-year
effort to revise NFIP criteria to reflect the experience and know-
ledge gained implementing the NFIP criteria during the nearly 10
years since the last significant changes became effective . No
substantive changes are planned during 1987 and we will seek to
minimize changes that impact on particpating communities in sub-
sequent years .
The final rule becomes effective on October 1 , 1986. NFIP criteria
at §60.7 require , as a condition of continued eligibility for
participation in NFIP, that communities revise their floodplain
management regulations to make them consistent with any revised
NFIP regulation within six months of the effective date of that
revision. Consequently, your community will have to amend their
regulations to comply with the August 25, 1986, final rule no later
than April 1, 1987. FEMA Regional Office staff will be glad
to provide advice and assistance . After your amendments have been
adopted, communities should submit copies of their amended
regulations to the appropriate Regional Office (see attached list) .
•
2.
If , subsequent to the conclusion of this six-month adoption period
on April 1, 1987 , FEMA determines that your community has not
amended its regulations so that they comply with this final rule ,
your community will be subject to suspension. However, prior to
suspending your community, FEMA will follow the procedure at
§59.24 (a) . The Administrator will provide written notice to your
community, at least 90 days prior to the proposed suspension date,
indicating that your community' s floodplain management measures are
deficient and must be amended to comply with the final rule . If
compliant regulations are not submitted at least 30 days prior to
the suspension date, the Administrator will provide written notice
to your community of its loss of eligibility for the sale of flood
insurance and will publish notice in the Federal Register under
Part 64 of Subchapter B. The suspension will go into effect if
compliant regulations are not adopted and submitted prior to the
suspension date .
I have attached an information sheet which outlines those changes
which are required and explains how those changes are to be made .
In addition, you should refer to the supplementary information in
the final rule for responses to comments and explanations of the
various changes . This information sheet also contains guidance on
how to make changes included in this and previous final rules which
became effective on October 1 , 1984 and January 1, 1986. Please
make these changes if you have not done so already. Also note that
you are only required to adopt an ordinance that meets or exceeds
NFIP criteria. As a result, you need only make those changes which
are more restrictive than your current ordinance provisions . In
addition, you should be aware that a number of States have flood-
plain management regulations that are more restrictive than NFIP
criteria . Your ordinance must continue to meet these more restric-
tive State requirements . If you have doubts as to whether your
current ordinance provisions or proposed amendments to that
ordinance meet one of the new requirements , please contact the
appropriate FEMA Regional Office or your State Coordinating Agency
for the NFIP. If your question regards compliance with more
restrictive State regulations, please contact the appropriate State
agency.
Again, if you have questions regarding the final rule or any other
NFIP requirement or need technical assistance of any kind, please
contact the appriopriate FEMA Regional Office or your NFIP State
Coordinating Agency.
Attachment
SUMMARY OF CHANGES TO
NATIONAL FlOOD INSURANCE PROGRAM
FLOODPLAIN MANAGEMENT CRITERIA WHICH BECOME
EFFECTIVE ON OCTOBER 1, 1986
For §60. 3 (c ) , (d ) , and (e) communities :
[ (c ) i .e . , FIA Administrator has provided a notice of final
flood elevations for one or more special flood hazard areas on
the community 's FIRM and, if appropriate, has designated other
special flood hazard areas without base flood elevations on the
community 's FIRM, hut has not identified a regulatory floodway
or coastal high hazard area] ;
IT (d ) i .e . , FIA Administrator has provided a notice of
final base flood elevations within Zones Al-30 and/or AE on
the commmunity 's FIRM and, if appropriate, has designated AO
zones , AH zones , A99 zones , and A zones on the community 's
FIRM and has , provided data from which the community shall
designate its regulatory floodway] ;
[ (e) i .e. , FIA Administrator has provided a notice of final
base flood elevations within Zones Al-30 and/or AE on the
community 's FIRM and, if appropriate, has designated AH zones ,
AO zones, A 99 zones, and A zones on the community 's FIRM, and
has identified on the community 's FIRM coastal high hazard
areas by designating Zones V1-30, VE, and/or V) ] .
1. Manufactured Home Revisions . The final rule made significant
revisions to NFIP criteria that apply to "manufactured homes"
(previously mobile homes ) . If your community permits the
placement of "manufactured homes" in special flood hazard
areas , make the following changes :
(a) Definition of "manufactured home. " You should replace the
definition of "mobile home" in your ordinance with the
definition of "manufactured home" in 659. 1 of the final
rule. Note that the definition of "manufactured home"
includes "park trailers , travel trailers , and other
similar vehicles placed on a site for greater than 180
consecutive days . You do not have to include this latter
provision in your definition if you can demonstrate that
there is a State or local law or regulation which would
preclude permanent placement of these vehicles on a site
or limit placement to less than 180 days .
(b) Definition of "manufactured home park or subdivision. "
You should delete definitions of "existing mobile home
park or mobile home subdivision, " "expansion to an exist-
ing mobile home park or mobile home subdivision, " "mobile
home park or mobile home subdivision," and "new mobile
home park or mobile home subdivision. " You should add the
definition of "manufactured home park or subdivision" in
the final rule to your ordinance.
2.
(c ) Requirements on placement of manufactured homes . NFIP
criteria no longer allow you to grandfather existing
"mobile home parks ." To make this change , replace your
current ordinance provisions on placement of mobile homes
in mobile home parks or subdivision and on individually
owned lots with the following or its equivalent:
All manufactured homes to be placed or substantially
improved within Zones Al-30 , AH, and AE shall be
elevated on a permanent foundation such that the
lowest floor of the manufactured home is at or above
the base flood elevation and be securely anchored to
an adequately anchored foundation system in accordance
with the provisions of ( cite the manufactured home
anchoring provisions of your ordinance) .
(d ) Removal of prohibition on the placement of manufactured
homes in floodways . If floodways have been designated in
your community, there will be a provision in your ordin-
ance that prohibits the placement of manufactured homes in
those floodways . You may delete this provision at your
option. Manufactured homes to be placed in floodways
would have to meet the same standards as conventional
housing and other development (e .g . their placement would
be prohibited unless it could be demonstrated that there
would be no increase in base flood elevations in the
community) .
(e) Removal of the prohibition on the placement of
manufactured homes in coastal high hazard areas ( zones V,
VE, and V1-30 ) . If V-zones have been designated in your
community, there will be a provision in your ordinance
which prohibits the placement of manufactured homes in
those V-zones . You may delete this provision from your
ordinance at your option. Manufactured homes to be placed
in V-zones would have to meet the same standards as conven-
tional housing [e .g . meet the provisions at §60. 3(e) ( 3 ) ,
(4 ) , ( 5 ) and (6 ) of NFIP criteria] .
3.
2 . Mechanical and Utility Equipment . You must have a provision
in your ordinance that specifically requires mechanical and
utility equipment to be elevated above the base flood elevation
or designed so as to prevent water from entering or accumulat-
ing within the equipment components [see §60. 3(a) ( iv) ] . You
may meet this requirement by demonstrating that your current
ordinance already contains such a provision or by incorporating
the following or its equivalent into your ordinance:
Electrical , heating, ventilation, plumbing ,
and air-conditioning equipment and other
service facilities shall be designed and/or
located so as to prevent water from entering
or accumulating within the components during
conditions of flooding .
3 . Definition of Start of Construction. The final rule modifies
the definition of "start of construction" to eliminate incon-
sistencies in treatment between pile and column structures and
other types of foundations and to incorporate the "manufactured
home" revisions . You must replace your definition, "start of
construction, " with the definition in the final rule .
4 . Use of Openings in Enclosures Below a Structure' s Lowest Floor.
The final rule adds a provision which requires that fully
enclosed areas below the base flood elevation be designed to
allow for the automatic entry and exit of floodwaters to
equalize hydrostatic flood forces [see §60.3(c) (5 ) ] . You can
comply with this requirement by prohibiting the enclosure of
areas below the base flood elevation or by incorporating the
following provision or its equivalent into your ordinance :
For all new construction and substantial improve-
ments, fully enclosed areas below the lowest floor
that are subject to flooding shall be designed to
automatically equalize hydrostatic flood forces
on exterior walls by allowing for the entry and
exit of floodwaters . Designs for meeting this
requirement must either be certified by a
registered professional engineer or architect or
must meet or exceed the following minimum criteria:
A minimum of two openings having a total net area of
not less than one square inch for every square foot
of enclosed area subject to flooding shall be pro-
vided. The bottom of all openings shall be no higher
than one foot above grade . Openings may be equipped
with screens, louvers, or other coverings or devices
provided that they permit the automatic entry and exit
of floodwaters.
•
4 .
5. Use of Available Flood Data. The final rule revises the
requirement at §60 .3(b) (4 ) that communities obtain, review, and
reasonably utilize base flood data available from any source to
regulate construction in Zone A. If your community has flood
hazard areas which are designated as Zone A or could annex such
areas, you must revise your ordinance to include the following
or its equivalent:
The ( local administrator) shall obtain, review
and reasonably utilize any base flood elevation
and floodway data available from a Federal ,
State , or other source , as criteria for
requiring that new construction, substantial
improvements, or other development in Zone A
[reference provisions of your ordinance which
meet §60 .3( c ) ( 2 ) , ( 3 ) , (5 ) and (6 ) and (d ) ( 3 ) ] .
Note that available base flood data include data submitted with
subdivision proposals and other proposed developments greater than
50 lots or 5 acres, whichever is less , including manufactured home
parks and subdivisions [see §60 .3(b) ( 3 ) ] .
6 . Elevation Certification . Current NFIP criteria require that
communities obtain and maintain on file the elevation of the
lowest floor ( including basement) of new and substantially
improved structures in all special flood hazard areas . The
final rule removes this requirement in Zone A except in those
instance where base flood elevation data from other sources are
utilized [e .g . , as provided for in §60 . 3(b) (4 ) of NFIP criter-
ia] . You may modify your ordinance accordingly. Please be
aware that substantially lower flood insurance rates are
available for individuals that construct to these other available
base flood elevations and submit elevation certificates as part
of their flood insurance applications . You must continue to
obtain lowest floor elevations in all special flood hazard
areas other than Zone A.
7. Functionally Dependent Uses - The final rule adds a special
provision regarding the issuance of variances for functionally
dependent uses . You are not required to make this change and
should do so only if your community has navigable waterways
and has encountered difficulties in applying NFIP criteria to
these uses . To make this change , add the definition of "func-
tionally dependent use" in the final rule to the definitions
sections of your ordinance . Also add the variance provision at
§60. 6(a) (7 ) of the final rule to the variance provisions in your
ordinance .
SUMMARY OF CHANGES TO
NATIONAL FLOOD INSURANCE PROGRAM
FLOODPLAIN MANAGEMENT CRITERIA
WHICH BECAME EFFECTIVE JANUARY 1, 1986
For §60.3 (c) , (d), and (e) communities:
[(c) i.e., FIA Administrator has provided a notice of final
flood elevations for one or more special flood hazard areas on
the community's FIRM and, if appropriate, has designated other
special flood hazard areas without base flood elevations on
the community's FIRM, but has not identified a regulatory
floodway or coastal high hazard area] ;
[(d) i.e., FIA the Administrator has provided a notice of
final base flood elevations within Zones A1-30 and/or AE on
the commmunity's FIRM and, if appropriate, has designated AO
zones, AH zones, A99 zones, and A zones on the community's
FIRM and has, provided data fran which the community shall
designate its regulatory floodway] ;
[(e) i.e. , FIA Administrator has provided a notice of final
base flood elevations within Zones A1-30 and/or AE on the
can<nunity's FIRM and, if appropriate, has designated AH zones,
AO zones, A99 zones, and A zones on the community's FIRM, and
has identified on the community's FIRM coastal high hazard
areas by designating Zones V1-30, VE, and/or V)] .
1. Manufactured Hones. Effective January 1, 1986, the specific
manufactured hone tiedown requirement at §60.3(b)(8) was replaced
with the following more general performance standard:
(b) (8) Require that all manufactured hares to be placed
within Zone A on a community's FHBM or FIRM shall
be installed using methods and practices which
minimize flood damage. For the purposes of this
requirement, manufactured hares must be elevated and
anchored to resist flotation, collapse, or lateral
movement. Methods of anchoring may include, but are
not limited to, use of over-the-top or frame ties
to ground anchors. This requirement is in addition to
applicable State and local anchoring requirements for
resisting wind forces.
Use of over-the-top or frame ties will continue to be
acceptable and you need not change your ordinance.
However, FEMA believes that anchoring techniques alone
are ineffective in resisting flood forces. A
manufactured hone should be elevated above the base
level and anchored to the elevated foundation. FEMA's
2.
manual , ( FEMA #85) , "Manufactured Home Installation
in Flood Hazard Areas, " published in September 1985,
provides guidance on elevated and anchoring techniques .
2 . Floodproofing Certification. Effective January 1, 1986, the
provision at §60. 3(c) (4 ) , which requires that a registered
engineer or architect certify floodproofing for non-residential
structures, was revised as follows:
( c) (4 ) Provide that where a non-residential structure is
intended to be made watertight below the base flood
level , ( i ) a registered professional engineer or archi-
tect shall develop and/or review structural design,
specifications , and plans for the construction, and
shall certify that the design and methods of construc-
tion are in accordance with accepted standards of
practice for meeting the applicable provisions of
( c ) (3 ) ( ii) or ( c ) (8 ) ( ii ) of this section, and ( ii ) a
record of such certificates which includes the specific
elevation ( in relation to mean sea level) to which
such structures are floodproofed shall be maintained
with the official designated by the community under
§59 .22(a) ( 9 ) ( iii ) ;
Although FEMA regards this revised certification language as an
improvement over the provision that it replaces and recommends
that you revise your ordinance, certifications based on the old
provision will continue to be acceptable.
3.
For (e) communities ( communities with zones V, VE, and V1-30 ) only:
1 . Elevation Certification. The final rule which became effective
January 1 , 1986, replaced a requirement at §60.3(e) ( 2 ) that the
community obtain the elevation of the top surface of the lowest
floor of all new and substantially improved structures in Zones
V, VE , and V1-30 with a requirement that the elevation of the
bottom of the lowest structural member of the lowest floor be
obtained instead. This change made §60 .3 (e ) ( 2 ) consistent with
the elevation requirement at §60. 3(e) (4 ) . You must make this
change if you have not already done so.
2 . V-Zone Anchoring Certification. The final rule which became
effective January 1 , 1986, modified the requirement at
§60 . 3(e) (4 ) that a registered engineer or architect certify
that new or substantially improved V-Zone construction is
securely anchored to adequately anchored pilings or columns in
order to withstand velocity waters and hurricane wave wash.
The revised provision in the final rule reorganized and clari-
fied the basic elevation requirement of this section and
modified the language of the certification required by a
registered professional engineer or architect . Engineers and
architects have indicated a reluctance to execute the as built
certification required previously. As a result , FEMA recom-
mends that you incorporate the revised language in your
ordinance if you have not done so already. The revised
§60. 3(e) ( 4 ) is as follows :
(c ) (4 ) Provide that all new construction and
substantial improvements in Zones V1-30 and
and VE, and also Zone V, if base flood elevation
data are available on the community' s FIRM, are
elevated on pilings and columns so that ( i ) the
bottom of the lowest horizontal structural member
of the lowest floor (excluding the pilings or
columns) is elevated to or above the base flood
level ; and ( ii ) the pile or column foundation and
structure attached thereto is anchored to resist
flotation, collapse and lateral movement due to
the effects of wind and water loads acting simul-
taneously on all building components . Wind and
water loading values shall each have a one percent
chance of being equalled or exceeded in any given
year ( 100-year mean recurrence interval ) . A
registered professional engineer or architect
shall develop or review the structural design,
4 .
specifications and plans for the construction,
and shall certify that the design and methods of
construction to be used are in accordance with
accepted standards of practice for meeting the
provisions of ( i ) and ( ii ) of this paragraph.
3 . Breakaway Walls . The final rule which became effective
January 1 , 1986, revised the requirement at §60 .3(e ) ( 5 ) on the
use of breakaway walls to enclose areas below the elevated
floor of structures in V-zones . Communities and others had
indicated that the general performance standard that was replaced
was difficult to administer. If you permit the construction of
breakaway walls in V-zones, you must modify your ordinance to
include the following provision or its equivalent :
(c ) ( 5 ) Provide that all new construction and substantial
improvements , within Zones V1-30 , VE, and V on
the community' s FIRM, have the space below the
lowest floor either free of obstruction or
constructed with non-supporting breakaway walls ,
open wood lattice-work, or insect screening
intended to collapse under wind and water loads
without causing collapse , displacement , or other
structural damage to the elevated portion of
the building or supporting foundation system.
For the purposes of this section, a breakaway
wall shall have a design safe loading resistance
of not less than 10 and no more than 20 pounds
per square foot . Use of breakaway walls which
exceed a design safe loading resistance of 20
pounds per square foot (either by design or when
so required by local or State codes) may be
permitted only if a registered professional
engineer or architect certifies that the designs
proposed meet the following conditions :
( i ) breakaway wall collapse shall result from
a water load less than that which would
occur during the base flood; and ,
( ii) the elevated portion of the building
and supporting foundation system shall
5.
not be subject to collapse, displacement, or
other structural damage due to the effects of
wind and water loads acting simultaneously on
all building components (structural and non-
structural ) . Maximum wind and water loading
values to be used in this determination
shall each have a one percent chance of being
equalled or exceeded in any given year ( 100-
year mean recurrence interval ) .
Such enclosed space shall be usable solely
for parking of vehicles , building access ,
or storage .
SUMMARY OF CHANGES TO
NATIONAL FLOOD INSURANCE PROGRAM
FLOODPLAIN MANAGEMENT CRITERIA
WHICH BECAME EFFECTIVE OCTOBER 1, 1984
If your ordinance does not include the definition of "lowest
floor, " which became effective October 1, 1984, make the following
changes:
1 . Delete the definition of "habitable floor" from your ordinance
and replace it with the following definition of " lowest floor . "
"Lowest Floor" means the lowest floor of
the lowest enclosed area ( including basement ) .
An unfinished or flood resistant enclosure ,
usable solely for parking of vehicles ,
building access or storage , in an area
other than a basement area, is not
considered a building ' s lowest floor,
provided that such enclosure is not
built so as to render the structure
in violation of the applicable non-elevation
design requirements of this ordinance .
2. Replace the term "habitable floor" with the term "lowest floor"
in each place it appears in your ordinance .
FEDERAL EMERGENCY MANAGEMENT AGENCY REGIONAL ADDRESSES
Correspondence should be sent to the attention of:
Chief, Natural and Technological Hazards Division
REGION I
CT, ME, MA, NH, RI, VT
FEMA I
462 J. W. McCormack POCH
Boston, Massachusetts 02109
(617) 223-4741
REGION II
NJ, NY, PR, VI
FEMA II
26 Federal Plaza, Room 1349
New York, New York 10278
(212) 264-8980
REGION III
DE, DC, MD, PA, VA, WV
FEMA III
Libery Square Bldg., (2nd Floor)
105 S. Seventh, Street
Philadelphia, Pennsylvania 19106
REGION IV
AL, FL, GA, KY, MS
FEMA IV
1371
Peachtree St. N.E.
Suite 700
Atlanta, Georgia 30309
(404) 881-2400
REGION V
IO, IN, MI, MN, OH, WI
FEMA V
300 South Wacker Drive, 24th Floor
Chigaco, Illinois, 60606
(321) 353-1500
REGION VI
AR, LA, NM, OK, TX
FEMA VI
Federal Regional Center, Room 206
800 North Loop 288
Denton, Texas 76201
(817) 387-5811
REGION VII
IA, KS, MO, NE
FEMA VII
911 Walnut Street
Room 300
Kansas City, Missouri 64106
(816) 374-5912
REGION VIII
CO, MT, NC, SD, UT, WY
FEMA VIII
Federal Center, Building 710
Denver, Colorado 80225
(303) 235-4900
REGION IX
AZ, CA, HI, NV
FEMA IX
Building 105
Presidio of San Francisco
San Francisco, California 94129
(415) 556-8794
REGION X
AK, ID, OR, WA
FEMA X
Federal Regional Center
130 228th Street, S.W.
Bothell, Washington 98021
(206) 396-0284
ORDINANCE 6-87
Revised 9/86
RECOMMENDED MODEL
FLOOD DAMAGE PREVENTION ORDINANCE
FINDINGS OF FACT, PURPOSE AND OBJECTIVES.
The Legislature of the State of Florida has
delegated the responsibility to local governmental
units to adopt regulations designed to promote the public health, safety, and
general welfare of its citizenry. Therefore, the City Council of
the City of Cape Canaveral, Floriad does hereby.
Sec. 624.01. FINDINGS OF FACT.
(A) The flood hazard areas of The City of Cape Canaveral are subject to
periodic inundation which results in loss of life and property, health
and safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief, and
impairment of the tax base, all of which adversely affect the public
health, safety and general welfare.
(B) These flood losses are caused by the cumulative effect of obstructions
in floodplains causing increases in flood heights and velocities, and
by the occupancy in flood hazard areas by uses vulnerable to floods or
hazardous to other lands which are inadequately elevated, flood-
proofed, or otherwise unprotected from flood damages.
624.02. STATEMENT OF PURPOSE. (start [illegible] here)
It is the purpose of this ordinance to promote the public health, safety and
general welfare and to minimize public and private losses due to flood conditions
in specific areas by provisions designed to:
(A) restrict or prohibit uses which are dangerous to health, safety and
property due to water or erosion hazards, or which result in damaging
increases in erosion or in flood heights or velocities;
Page 2
(B) require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
(C) control the alteration of natural floodplains, stream channels, and
natural protective barriers which are involved in the accomodation of
flood waters;
(D) control filling, grading, dredging and other development which may
increase erosion or flood damage, and;
(E) prevent or regulate the construction of flood barriers which will
unnaturally divert flood waters or which may increase flood hazards to
other lands.
Sec. 624.03. OBJECTIVES. (text here)
The objectives of this ordinance are:
(A) to protect human life and health;
(B) to minimize expenditure of public money for costly flood control
projects;
(C) to minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
(D) to minimize prolonged business interruptions;
(E) to minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone and sewer lines, streets and bridges
located in floodplains;
(F) to help maintain a stable tax base by providing for the sound use and
development of flood prone areas in such a manner as to minimize flood
blight areas, and;
(G) to insure that potential home buyers are notified that property is in
a flood area.
Article 2 - Definitions
Sec. 624.07 DEFINITIONS. - (text here)
Unless specifically defined below, words or phases used in this ordinance shall be
interpreted so as to give them the meaning they have in common usage and to give
this ordinance its most reasonable application.
Page 3
Indent 3 spaces Addition (to an existing building) Means any walled and roofed expansion to the
perimeter of a building in which the add i t ion is connected by a common load-
bearing wall other than a fire wall. Any walled and roofed addition which is
connected by a fire wall or is separated by independent perimeter load-bearing
walls is new construction. added
Appeal means a request for a review of the City of Cape Canaveral's changed
interpretation of any provision of this ordinance or a request for a variance.
Area of shallow flooding means a designated AO or VO Zone on a community's Flood
Insurance Rate Map (FIRM) with base flood depths from one to three feet where aG
clearly defined channel does not exist, where the path of flooding is
unpredictable and indeterminate, and where velocity flow may be evident. added
Area of special flood hazard is the land in the floodplain within a community
subject to a one percent or greater chance of flooding in any given year.
Base flood means the flood having a one percent chance of being equaled or
exceeded in any given year.
Basement means that portion of a building having its floor subgrade (below
ground level) on all sides. added
Breakaway wall means a wall that is not part of the structural support of the
building and is intended through its design and construction to collapse under Ci
specific lateral loading forces without causing damage to the elevated portion of
the building or the supporting foundation system. changed
Building means any structure built for support, shelter, or enclosure for any
occupancy or storage. added
Coastal High Hazard Area means the area subject to high velocity waters caused
by, but not limited to, hurricane wave wash. The area is designated on a FIRM as
Zone V1 - 30, VE or V.
Development means any man-made change to improved or unimproved real estate,
including, but not l united to, buildings or other structures, mining, dredging,
filling, grading, paving, excavating, drilling operations, or permanent storage of
materials. added
Elevated building means a non-basement building built to have the lowest floor
elevated above the ground level by means of fill, solid foundation perimeter
walls, pilings, columns (posts and piers) , shear walls, or breakaway walls. added
Flood or flooding means a general and temporary condition of partial or
complete inundation of normally dry land areas from: (1) (2) do not part in TP form
Page 4
(1) the overflow of inland or tidal waters;
(2) the unusual and rapid accumulation or runoff of surface waters from
any source.
Flood Hazard Boundary Map (FBHM) means an official map of a community, issued by
the Federal Emergency Management Agency, where the boundaries of the areas of
special flood hazard have been defined as Zone A.
Flood Insurance Rate Map (FIRM) means an official map of a community, on which
the Federal Emergency Management Agency has delineated both the areas of special
flood hazard and the risk premium zones applicable to the community. added
Flood Insurance Study is the official report provided by the Federal Emergency
Management Agency. The report contains flood profiles, as well as the Flood
Boundary Floodway Map and the water surface elevation of the base flood.
Floodway means the channel of a river or other watercourse and the adjacent land
areas that crust be reserved in order to discharge the base flood without cumula-
tively increasing the water surface elevation more than one foot. added
Floor means the top surface of an enclosed area in a building (including base-
ment) , i.e., top of slab in concrete slab construction or top of wood flooring in
wood frame construction. The term does not include the floor of a garage used
solely for parking vehicles.
Functionally Dependent Facility means a facility which cannot be used for its
intended purpose unless it is located or carried out in close proximity to water,
such as a docking or port facility necessary for the loading and unloading of
cargo or passengers, shipbuilding, ship repair, or seafood processing facilities.
The term does not include long-term storage, manufacture, sales, or service
facilities. added
Highest adjacent grade means the highest natural elevation of the ground
surface, prior to construction, next to the proposed walls of a structure. added
Mangrove Stand means an assemblage of mangrove trees which is mostly low trees
noted for a copious development of interlacing adventitious roots above the ground
and which contain one or more of the following species: black mangrove (Avicennia
nitida) ; red mangrove (Rhizophora mangle) ; white mangrove (Languncularia
racemosa) ; and buttonwood (Conocarpus erects) .
Mean Sea Level means the average height of the sea for all stages of the tide.
It is used as a reference for establishing various elevations within the flood
plain. For purposes of this ordinance, the term is synonymous with National
Geodetic Vertical Datum (NGVD) . changed
Page 5
Manufactured Home means a structure, transportable in one or more sections,
which is built on a permanent chassis and designed to be used with or without a
permanent foundation when connected to the required utilities. The term also jh1
includes park trailers, travel trailers, and similar transportable structures
placed on a site for 188 consecutive days or longer and intended to be improved
property. added
National Geodetic Vertical Datum (NGVD) as corrected in 1929 is a vertical
control used as a reference for establishing varying elevations within the flood
plain. added
New Construction means structures for which the "start of construction"
commenced on or after the effective date of this ordinance.
Sand Dunes means naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
Start Of Construction (for other than new construction or substantial improve-
ments under the Coastal Barrier Resources Act (P. L. 97-348) ) ,includes
substantial improvement, and means the date the building permit was issued, changed
provided the actual start of construction, repair, reconstruction, or improvement
was within 188 days of the permit date. The actual start means the first
placement of permanent construction of a structure (including a manufactured hone)
on a site, such as the pouring of slabs or footings, installation of piles,
construction of columns, or any work beyond the stage of excavation or the
placement of a manufactured hone on a foundation. Permanent construction does not
include land preparation, such as clearing, grading and filling; nor does it
include the installation of streets and/or walkways; nor does it include
excavation for a basement, footings, piers or foundations or the erection of
temporary forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not part of
the main structure.
Structure means a walled and roofed building that is principally above ground, a
manufactured hone, a gas or liquid storage tank, or other man-made facilities or
infrastructures.
Substantial improvement means any combination of repairs, reconstruction,
alteration, or improvements to a structure, taking place during (the life of a
? structure) in which the cumulative cost equals or
exceeds fifty percent of the market value of the structure. changed
The market value of
Page 6
the structure should be (1) the appraised value of the structure prior to the
start of the initial repair or improvement, or (2) in the cry of damage, the
value of the structure prior to the damage occuring. 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. 'Ihe term does not, however , include any project for improvement of a
structure required to comply with existing health, sanitary, or safety code
specifications which are solely necessary to as-sure safe living conditions.
Variance is a grant of relief from the requirements of this ordinance which
permits construction in a manner otherwise prohibited by this ordinance where
specific enforcement would result in unnecessary hardship.
Center
ARTICLE 3. GENERAL PROVISIONS
5m letters
Sec. 624.09 LANDS TO WHICH THIS ORDINANCE APPLIES.
This ordinance shall apply to all areas of special flood hazard within the
jurisdiction of the City of Cape Canaveral.
Sec. 624.10. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD.
The areas of special flood hazard identified by the Federal Emergency Management
? Agency in its Flood Insurance Rate Map, dated September 16, 1982,
with accompanying maps and other supporting data, and any revision thereto, are
adopted byreference and declared to be a part of this ordinance. changed
Sec. 624.11 TABI.T SHMENT OF DEVELOPMENT PERMIT.
A Development Permit shall be required in conformance with the provisions of this
ordinance prior to the commencement of any development activities.
Sec. 624.12
No structure or land shall hereafter be located, extended, converted or
structurally altered without full compliance with the terms of this ordinance and
other applicable regulations.
Page 7
Sec. 624.13 ARROGATION AND GREATER RESTRICTIONS.
This ordinance is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this ordinance and
another conflict or overlap, whichever imposes the more stringent restrictions
shall prevail.
Sec. 624.14 INTERPRETATION.
In the interpretation and application of this ordinance all provisions shall be:
(1) considered as minimum requirements; (2) liberally construed in favor of the
governing body, and; (3) deemed neither to limit nor repeal any other powers
granted under state statutes.
Sec. 624.15. WARNING AND DISCLAIMER OF LIABILITY.
The degree of flood protection required by this ordinance is considered reasonable
for regulatory purposes and is based on scientific and engineering consideration.
Larger floods can and will occur on rare occasions. Flood heights may be
increased by man-made or natural causes. This ordinance does not imply that land
outside the areas of special flood hazard or uses permitted within such areas will
be free from flooding or flood damages. This ordinance shall not create liability
on the part of the City of Cape Canaveral or by any officer or employee thereof
for any flood damages that result from reliance on this ordinance or any
administrative decision lawfully made thereunder.
should change this *refer to & Sec 807
Page 8
ARTICLE 4. ADMINISTRATION. -> Center
(lower case)
SECTION 624.19. DESIGNATION OF Administrator.
The Building Official is hereby appointed to administer and implement
the provisions of this ordinance.
Sec. 624.20. PERMIT PROCEDURES. added
Application for a Development Permit shall be made to the Building Official
on forms furnished by him or her prior to any development activities, and may
include, but not be limited to, the following plans in duplicate drawn to scale
showing the nature, location, dimensions, and elevations of the area in question;
existing or proposed structures, fill, storage of materials, drainage facilities,
and the location of the foregoing. Specifically, the following information is
required:
(A) Application Stage.
(1) Elevation in relation to mean sea level of the proposed lowest
floor (including basement) of all structures:
(2) Elevation in relation to mean sea level to which any *non-
residential structure will be flood-proofed;
(3) Certificate from a registered professional engineer or architect
that the non-residential flood-proofed structure will meet the
flood-proofing criteria in Sec. 624.27
ci (d) Description of the extent to which any watercourse will be
altered or relocated as a result of proposed development, and;
(B) Construction Stage. (text here)
Provide a floor elevation or flood-proofing certification after the
lowest floor is colleted, or in instances where the structure is
subject to the regulations applicable to Coastal High Hazard Areas,
after placement of the horizontal structural members of the lowest
floor. (Upon placement of the lowest floor, or flood-proofing by
*whatever construction means, or upon placement of the horizontal
structural members of the lowest floor) whichever is applicable, it
Shall be the duty of the permit holder to submit to the
Building Official a certification of the elevation of
the lowest floor, flood-proofed elevation, or the elevation of the
lowest portion of the horizontal structural members of the lowest
Page 9
floor, whichever is applicable, as built, in relation to mean sea
level. Said certification shall be prepared by or under the direct
supervision of a registered land surveyor or professional engineer and
certified by same. When flood-proofing is utilized for a particular
building, said certification shall be prepared by or under the direct
supervision of a professional engineer or architect and certified by
same. Any work undertaken prior to submission of the certification
shall be at the permit holder's risk. The Building Official
shall review the floor elevation survey data submitted. Deficiencies
detected by such review shall be corrected by the permit holder
immediately and prior to further progressive work being permitted to
proceed. Failure to submit the survey or failure to make said
corrections required hereby, shall be cause to issue a stop-work order
for the project.
Sec. 624.21. DUTIES AND RESPCNSIBILITIES OF THE ADMINISTRATOR
Duties of the Building Official shall include, but not be limited
to: .
(A) Review all development permits to a sure that the permit requirements
of this ordinance have been satisfied;
(B) Advise permittee that additional federal or state permits may be
required, and if specific federal or state permit requirements are
known, require that copies of such permits be provided and maintained
on file with the development permit.
(C) Notify adjacent communities and the Florida Department of Environmental Regulation
prior to any alteration or relocation of a watercourse, and sut]nit
evidence of such notification to the Federal Emergency Management
Agency.
(D) Assure that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is not
diminished.
(E) Verify and record the actual elevation (in relation to mean sea level)
of the lowest floor (including basement) of all new or substantially
improved structures, in accordance with Sec. 624.20.
(F) Verify and record the actual elevation (in relation to mean sea level)
to which the new or substantially improved structures have been.
flood-proofed, in accordance with Sec. 624.20.
Page 10
(G) In Coastal Hazard Areas, certification shall be obtained from a
registered professional engineer or architect that the structure is
designed to be securely anchored to adequately anchored pilings or
columns in order to withstand velocity waters and hurricane wave wash.
(H) In Coastal High Hazard Areas, the Building Official shall
review plans for adequacy of breakaway walls in accordance with
Sec. 624.27.
(I) When flood-proofing is utilized for a particular structure, the
Building Official shall obtain certification from a
registered professional engineer or architect, in accordance with
Sec. 624.27.
(J) Where interpretation is needed as to the exact location of boundaries
of the areas of special flood hazard (for example, where there appears
to be a conflict between a mapped boundary and actual field
conditions) the Building Official shall make the
necessary interpretation. The person contesting the location of the
boundary shall be given a reasonable opportunity to appeal the
interpretation as provided in this article.
(K) When base flood elevation data or floodway data have not been provided
in accordance with Sec. 624.10, then the Building
Official shall obtain, review and reasonably utilize any base
flood elevation and floodway data available from a federal, state or
other source, in order to administer the provisions of Article 5.
(L) All records pertaining to the provisions of this ordinance shall be
maintained in the office of the Building Official and
shall be open for public inspection.
Sec. 624.22. VARIANCE PROCEDURES.
(A) The Zoning Board of Adjustment as established by the City of Cape Canaveral
shall hear and decide appeals and requests for variances from the
requirements of this ordinance.
(B) The Zoning Board of Adjustment shall hear and decide appeals when it is
alleged there is an error in any requirement, decision, or
determination made by the Building Official in the
enforcement or administration of this ordinance.
Page 11
(C) Any person aggrieved by the decision of the Zoning Board of Adjustment
or any taxpayer may appeal such decision to the
Circuit Court.
(D) Variances may be issued for the reconstruction, rehabilitation or
restoration of structures listed on the National Register of Historic
Places or the State Inventory of Historic Places without regard to the
procedures set forth in the remainder of this section, except for
Sub-paragraph H, (1) and (4) below, and provided the proposed
reconstruction, rehabilitation, or restoration will not result in the
structure losing its historical designation.
(E) In passing upon such applications, the Zoning Board of Adjustment
shall consider all technical evaluations, all relevant factors, all
standards specified in other sections of this ordinance, and:
(1) the danger that materials may be swept onto other lands to the
injury of others;
[illegible] (2) the danger to life and property due to flooding or erosion
damage;
(3) the susceptibility of the proposed facility and its contents to
flood damage and the effect of such damage on the individual
owner;
(4) the importance of the services provided by the proposed facility
to the community;
(5) the necessity of the facility to a waterfront location, in the
case of a functionally dependent facility;
(6) the availability of alternative locations, not subject to
flooding or erosion damage, for the proposed use;
(7) the compatahility of the proposed use with existing and
anticipated development;
(8) the relationship of the proposed use to the comprehensive plan
and floodplain management program for that area;
(9) the safety of access to the property in times of flood for
ordinary and emergency vehicles;
(10) the expected heights, velocity, duration, rate of rise and
sediment transport of the flood waters and the effects of wave
action, if applicable, expected at the site, and;
Page 12
(k) the costs of providing governmental services during and after
flood conditions including maintenance and repair of public
utilities and facilities such as sewer, gas, electrical,
water systems, and streets and bridges.
(6) Upon consideration of the factors listed above, and the purposes of
this ordinance, the Zoning Board of Adjustment may attach such conditions to
the granting of variances as it deems necessary to further the
purposes of this ordinance.
G (7i Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
kf (8) Conditions for. Variances:
(a) Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard,
to afford relief; and in the instance of a historical building, dam"
a determination that the variance is the minimum necessary so as
not to destroy the historic character and design of the building
(b) Variances shall only be issued upon (i) a showing of good and
sufficient cause,`) a determination that failure .to grant the
variance would result in exceptional hardship, and; (iii) a
determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisance, cause fraud on or
victimization of the public, or conflict with existing local
laws or ordinances.
3 ( ) Any applicant to whom a variance is granted shall be given
written notice specifying the difference between the base flood
elevation and the elevation to which the structure is to be
built and stating that the cost of flood insurance will be
commensurate with the increased risk resulting from the reduced
lowest floor elevation.
(d) The ylocjpaneffiCial shall maintain the records of
istrator)
all appeal actions and report any variances to the Federal
Emergency Management Agency upon request.
ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION.
— ija-e-o•e4
Page 13
SECTION A. GENERAL srmahms.
In all areas of special flood hazard the following provisions are required:
(1) New construction and substantial improvements shall be anchored to
prevent flotation, collapse or lateral movement of the structure;
(2) Manufactured homes shall be anchored to prevent flotation, collapse,
or lateral movement. Methods of anchoring may include, but are not( 14
limited to, use of over-the-top or frame ties to ground anchors. This
standard shall be in addition to and consistent with applicable state
requirements for resisting wind forces.
(3) New construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage;
(4) New construction or substantial improvements shall be constructed by
methods and practices that minimize flood damage;
(5) Electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service facilities shall be designed and/or located so as to
prevent water from entering or accumulating within the components during
conditions of flooding.
(6) New and replacement water supply systems shall be designed to minimize
or eliminate infiltration of flood waters into the system;
6- p1 New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems
and discharges from the systems into flood waters;
(8) On-site waste disposal systems shall be located and constructed to
avoid impairment to them or contamination from them during flooding,
and;
(9) My alteration, repair, reconstruction or improvements to a structure
which is in compliance with the provisions of this ordinance, shall
meet the requirements of "new construction" as contained in this
ordinance.
SECTION-11v SPECIFIC STANDARDS. --
In all areas of special flood hazard where base flood elevation data have been
sec• Y•/o Sec. 6a4f. 62It
provided, as set forth in Article--1,--See -8 or Article 4, Scctiorr C (11) , the
following provisions are required:
(1) Residential Construction. New construction or substantial improvement
of any residential structure shall have the lowest floor, including
Page 14
? basement, elevated no lower than 1 (1) foot above the base flood
elevation. Should solid foundation perimeter walls be used to elevate
a structure, openings sufficient to facilitate the unimpeded movements
of flood waters shall be provided in accordance with standards of
Sec. 624.27.
(B) Non-Residential Construction. New construction or substantial
improvement of any cocamercial, industrial, or non-residential
structure shall have the lowest floor, including basement, elevated no
lower than one (1) foot above the level of the base flood elevation.
Structures located in all A-zones may be flood-proofed in lieu of
being elevated provided that all areas of the structure below the
required elevation are water tight with walls suhstantially
impermeable to the passage of water, and use structural components
having the capability of resisting hydrostatic and hydrodynamic loads
and the effect of buoyancy. A registered professional engineer or
architect shall certify that the standards of this subsection are
satisfied. Such certification shall be provided to the official as
set forth in Sec. 624.20.
(C) Elevated Buildings. New construction or substantial improvements of
elevated buildings that include fully enclosed areas formed by
foundation and other exterior walls below the base flood elevation
shall be designed to preclude finished living space and designed to
allow for the entry and exit of floodwaters to automatically equalize
hydrostatic flood forces on exterior walls.
(1) Designs for complying with this requirement must either be
certified by a professional engineer or architect or meet the
following minimum criteria:
(A) Provide a minimum of two openings having a total net area
of not less than one square inch for every square foot of
enclosed area subject to flooding;
(B) The bottom of all openings shall be no higher than one
foot above grade; and,
(C) Openings may be equipped with screens, louvers, valves or
other coverings or devices provided they permit the
automatic flow of floodwaters in both direction.
(2) Electrical, plumbing, and other utility connections are
prohibited below the base flood elevation;
Page 15
(3) Access to the enclosed area shall be the minimum necessary to
allow for parking of vehicles (garage door) or limited storage
of maintenance equipment used in connection with the premises
(standard exterior door) or entry to the living area (stairway
or elevator); and
(4) The interior portion of such enclosed area shall not be
partitioned or finished into separate roosts.
(D) Floodways. Located within areas of special flood hazard established
in Sec. 624.10, are areas designated as floodways. Since the
floodway is an extremely hazardous area due to the velocity of flood
waters which carry debris, potential projectiles and has erosion
potential, the following provisions shall apply:
(1) Prohibit encroachments, including fill, new construction,
substantial improvements and other developments unless
certification (with supporting technical data) by a registered
professional engineer is provided demonstrating that
encroachments shall not result in any increase in flood levels
during occurrence of the base flood discharge;
(2) If Sec. 624.27 is satisfied, all new construction
and substantial improvements shall comply with all applicable
flood hazard reduction provisions of
(3) Prohibit the placement of manufactured homes (mobile homes),
except in an existing manufactured homes (mobile homes) park or
subdivision. A replacement manufactured home may be placed on a
lot in an existing manufactured home park or subdivision
provided the anchoring standards of Sec. 624.26 and
the elevation standards of Sec. 624.27 are met.
(E) Coastal High Hazard Areas (V Zones). Located within the areas of
Special flood hazard established in Sec. 624.10 are areas
designated as Coastal High Hazard areas. These areas have Special
flood hazards associated with wave wash, therefore, the following
provisions shall apply:
? (1) All buildings or structures shall be located
landward of the reach of the mean high tide;
(2) All buildings or structures shall be elevated so that the bottom
of the lowest supporting horizontal member (excluding pilings or
Page 16
columns) is located at or above the base
flood elevation level, with all space below the lowest
supporting member open so as not to impede the flow of water.
Open lattice work or decorative screening may be permitted for
aesthetic purposes only and must be designed to wash away in the
event of abnormal wave action and in accordance with Sec. 624.27.
(3) All buildings or structures shall be securely anchored on
pilings or columns;
(4) All pilings and columns and the attached structures shall be
anchored to resist flotation, collapse, and lateral movement due
to the effect of wind and water loads acting simultaneously on
all building components. The anchoring and support system shall
be designed with wind and water loading values which equal or
exceed the 100 year mean recurrence interval (one percent annual
chance flood).
(5) A registered professional engineer or architect shall certify
that the design, specifications and plans for construction are
in compliance with the provisions contained in Sec. 624.27
of this ordinance.
(6) There shall be no fill used as structural support. Non-
compacted fill may be used around the perimeter of a building
for landscaping/aesthetic purposes provided the fill will wash
out from storm surge, (thereby rendering the building free of
obstruction) prior to generating excessive loading forces,
ramping effects, or wave deflection. The Building
OfficiaI shall approve design plans for
landscaping/aesthetic fill only after the applicant has provided
an analysis by an engineer, architect, and/or soil scientist,
which demonstrates that the following factors have been fully
considered:
(a) Particle composition of fill material does not have a
tendency for excessive natural compaction;
(b) Volume and distribution of fill will not cause wave
deflection to adjacent properties; and
(c) Slope of fill will not cause wave run-up or ramping.
Page 17
(7) There shall be no alteration of sand dunes or mangrove stands
which would increase potential flood damage;
(8) Lattice work or decorative screening shall be allowed below the
base flood elevation provided they are not part of the
structural support of the building and are designed so as to
breakaway, under abnormally high tides or wave action, without
damage to the structural integrity of the building on which they
are to be used and provided the following design specifications
are met:
(a) No solid walls shall be allowed, and;
(b) Material shall consist of lattice or mesh screening only.
(9) If aesthetic lattice work or screening is utilized, such
enclosed space shall not be designed to be used for human
habitation, but shall be designed to be used only for parking of
vehicles, building access, or limited storage of maintenance
equipment used in connection with the premises.
(10) Prior to construction, plans for any structures that will have
lattice work or decorative screening must be submitted to the
Building Official for approval;
(11) Any alteration, repair, reconstruction or improvement to a
structure shall not enclose the space below the lowest floor
except with lattice work or decorative screening, as provided
for in Sec. 624.27.
(12) Prohibit the placement of manufactured homes (mobile homes),
except in an existing manufactured homes (mobile homes) park or
subdivision. A replacement manufactured home may be placed on a
lot in an existing manufactured home park or subdivision
provided the anchoring standards of Sec. 624.26, and
the elevation standards of Sec. 624.27 are met.
Sec. 624.25. STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS AND/OR
FLOODWAYS, (text here) added
Located within the areas of special flood hazard established
where small streams exist but where no base flood data have been provided or
where no floodways have been provided, the following provisions apply:
Page 18
(1) No encroachments, including fill material or structures shall be
located within a distance of the stream bank equal to one-half ?
times the width of the stream at the top of bank or twenty feet each
side from top of bank, whichever is greater, unless certification by a
registered professional engineer is provided demonstrating that such
encroachments shall not result in any increase in flood levels during
the occurrence of the base flood discharge.
(2) New construction or si,htantial improvements of structures shall be
elevated or flood-proofed to elevations established in accordance with
Sec. 624.21
SECTION 624.29 STANDARD FOR SUBDIVISION PROPOSALS. text
(A) All subdivision proposals shall be consistent with the need to
minimize flood damage;
(B) All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electrical and water systems located and
constructed to minimize flood damage;
(C) All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood hazards, and;
(D) Base flood elevation data shall be provided for subdivision proposals
and other proposed develops ent (including manufactured home parks and
subdivisions) which is greater than the lesser of fifty lots or five
acres.
SECTION 624.30. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES) text
Located within the areas of special flood hazard established in,
are areas designated as shallow flooding areas. These areas have special flood
hazards associated with base flood depths of one to three feet (1' -3') where a
clearly defined channel does not exist and where the path of flooding is
unpredictable and indeterminate; therefore, the following provisions apply:
(A) All new construction and substantial improvements of residential
structures shall have the lowest floor, including basement, elevated
to the depth number specified on the Flood Insurance Rate Map, in
feet, above the highest adjacent grade. If no depth number is
specified, the lowest floor, including basement, shall be elevated, at
least two (2) feet above the highest adjacent grade.
Page 19
(B) All new construction and substantial improvements of non-residential
structures shall:
(1) have the lowest floor, including basement, elevated to the depth
number specified on the Flood Insurance Rate Map, in feet, above
the highest adjacent grade. If no depth number is specified,
the lowest floor, including basement shall be elevated at least
two (2) feet above the highest adjacent grade, or;
(2) together with attendant utility and sanitary facilities be
completely flood-proofed to or above that level so that any
space below that level is watertight with walls suhctantially
impermeable to the passage of water and with structural
coaponents having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy.
Sec. 624.31 Penalty
S. 6 2 3 . 0 7 SPECIAL INSPECTOR - THRESHOLD BUILDINGS § 623.07
Sec . 624.31 Penalty. Any person violating any of the
provisions of this Chapter shall be punished as provided in
Sec . 801 . 05.
CHAPTER REVISED
2 OCT 84
SECTION 2 . All portions of the Code in conflict herewith are
hereby repealed.
SECTION 3 . This Ordinance shall become effective immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this day of , 1986 .
Mayor
ATTEST:
City Clerk
Approved as to Form:
City Attorney
Sec . 624.30 Severability. If any provision of this
chapter or the application thereof to any person or
circumstance is held invalid, the invalidity shall not
affect other provisions or applications of the chapter
which can be given effect without the invalid provision
or application and to this end the provisions of this
chapter are declared severable .
Page 28
THE RECOMMENDED MODEL ORDINANCE CONTAINS FOUR (4) SECTIONS THAT EXCEED THE MINIMUM
FEDERAL REQUIREMENTS OF TITLE 44, CHAPTER I, SUBCHAPTER B, PARTS 59 AND 68, OF THE
Fes, REGULATIONS. The four sections address cumulative substantial improve-
ments vs. non-cumulative substantial improvements; lattice-work or decorative
screening breakaway walls vs. solid breakaway walls; and prohibition of
manufactured homes in floodways and Coastal High Hazard Zones vs. allowance of
manufactured homes in floodways and Coastal High Hazard Zones.
Should the community desire to substitute the minimum Federal requirements in
place of the recommended requirements in one or more of the sections, the
following sections would be substituted in the Recommended Model Ordinance:
Substantial Improvement
'Substantial improvement" means any repair, reconstruction, alteration, or
improvement to a structure, the cost of which equals or exceeds fifty percent of
the market value of the structure, either (1) before the improvement or repair 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 any project for improvement of a structure required to
fly with existing health, sanitary, or safety code specifications which are
solely necessary to assure safe living conditions.
Solid Breakaway Walls
1. Article 5, Section B(5) (b) . Last sentence to read, "Breakaway walls
may be permitted and must be designed to wash away in the event of
abnormal wave action and in accordance with Article 5, Section B(5) ."
2. Article 5, Section B(5) (h) . "Non-supporting breakaway walls, open
lattice-work, or mesh screening shall be allowed below the base flood
elevation provided they are not part of the structural support of the
building and are designed so as to breakaway, under abnormally high
Page 21
tides or wave action, without damage to the structural integrity of
the building on which they are to be used and provided the following
design specifications are met:
(i) Design safe loading resistance of each wall shall be not less
than 10 nor more than 20 pounds per square foot; or
(ii) If more than 20 pounds per square foot, a registered pro-
fessional engineer or architect shall certify that the design
wall collapse would result from a water load less than that
which would occur during the base flood event, and the elevated
portion of the building and supporting foundation system shall
not be subject to collapse, displacement, or other structural
damage due to the effects of wind and water loads acting
simultaneously on all building components during the base flood
event. Maximum wind and water loading values to be used in this
determination shall each have one percent chance of being
equalled or exceeded in any given year (100-year mean recurrence
interval) ."
(3) Article 5,Section B(5) (i) . "If breakaway walls are utilized, such
enclosed space shall not be designed to be useable for human
habitation but shall be designed to be useable only for parking of
vehicles, building access, or limited storage of maintenance equipment
used in connection with the premises."
(4) Article 5, Section B(5) (j) . "Prior to construction, plans for any
structures that will have breakaway walls must be submitted to the
for approval;"
(5) Article 5, Section B(5) (k) . "Any alteration, repair, reconstruction,
or improvement to a structure shall not enclose the space below the
lowest floor except with breakaway walls, as provided for in Article
5, Section B(5) (h) and (i) ."
Manufactured Homes in Floodways
Quit Article 5, Section B(4) (c) .
Manufactured Homes in CnaGtal High Hazard Areas
Quit Article 5, Section B(5) (1) .
870201
FILE COPY
Federal Emergency Management Agency
Region IV
1371 Peachtree Street, NE, Suite 700
Atlanta, GA 30309
May 27 , 1987
The Honorable Patrick L. Lee
Mayor, City of Cape Canaveral
P. O. Box 326
Cape Canaveral , Florida 32920
Dear Mayor Lee :
Thank you for the submission of the revised Flood Damage
Prevention Ordinance for the City of Cape Canaveral .
Based on our review of the ordinance , we find that requirements
of Section 60 . 3 (e ) of the regulations of the National Flood
Insurance Program have been met . Continued eligibility in the
Regular phase of the program is assured.
We are confident that the effective administration and
enforcement of floodplain management regulations will enable your
community to substantially reduce future flood losses through the
wise management of floodplains .
If, in the future , you require assistance in the interpretation
or enforcement of your floodplain management program you should
contact Mr . Charles Speights at ( 904 ) 488-4925 . Mr . Speights is
with the Florida Department of Community Affairs , 2571 Executive
Center Circle, East , Howard Building , Tallahassee, Florida,
32301 , which is the State agency responsible for coordinating the
National Flood Insurance Program.
Sincerely,
[signature]
Glenn C . Woodard, Chief
Natural and Technological
Hazards Division
cc : Mr . Charles Speights
FILE COPY
City of Cape of Cape Canaveral
105 POLK AVENUE • P.O. BOX 326
CAPE CANAVERAL, FLORIDA 32920
TELEPHONE 305 783-1 100
CITY OF
CAPE CANAVERAL
March 18 , 1987
Mr . Charles H. Speights, State Coordinator
State Assistance Office for the NFIP
Florida Department of Community Affairs
2571 Executive Center Circle, East
Tallahassee, Florida 32301
Dear Mr . Speights:
Enclosed please find a certified copy of Ordinance No.
6-87 which was adopted by the City Council on March 17, 1987
and adopts the new National Flood Insurance Regulations.
Please advise if you require any additional information.
Sincerely,
[signature]
Janet S. Leeser
City Clerk
JSL:cr
Enclosure
Chapter 624
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
2571 EXECUTIVE CENTER CIRCLE, EAST • TALLAHASSEE, FLORIDA 32301
BOB GRAHAM TOM LEWIS,JR.
Governor November 3 , 1986
Secretary
Dear Chief Elected Official :
As you are aware, the Federal Emergency Management Agency
(FEMA) has revised the National Flood Insurance Program (NFIP)
regulations, effective October 1, 1986. These rules conclude a
two-year effort to revise NFIP criteria to reflect the experience
and knowledge gained implementing these criteria during the
nearly ten years since the last significant changes became effec-
tive. Section 60.7 of the NFIP regulations requires, as a
condition of continued participation in the NFIP, that communi-
ties revise their local flood-plain management ordinances within
six months of the effective date of any revision in NFIP regula-
tions, in order to keep them consistent with NFIP regulations.
Consequently, your community is required to amend its local
floodplain management ordinance by April 1, 1987 .
During the two-year effort by the federal government to
revise the NFIP regulations, the State of Florida enacted
several pieces of growth management legislation, some of which
impacts directly on local floodplain management. Examples of
this growth management legislation are the Coastal Zone Protec-
tion Act, the Local Government Comprehensive Planning and Land
Development Regulation Act, and Area of Critical State Concern
Legislation. Note that the NFIP regulations provide that more
restrictive state regulations will take precedence over any
minimum federal provisions. Consequently, when revising your
local ordinance you should be aware that your enacted flood-
plain management ordinance may need to be more restrictive than
the minimum NFIP regulations .
The State Assistance Office for the NFIP is available to
assist you on this important task. Enclosed is a model
flood management ordinance prepared by FEMA, which meets the
minimum federal NFIP requirements. You would, of course, need to
add applicable local and state definitions and any requirements
which are more restrictive than the minimum federal NFIP
regulations.
EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT
Chief Elected Official
November 3, 1986
Page Two
Upon adoption of the revised local floodplain management
ordinance, one certified copy each should be provided to:
Mr. C. Richard Mayson, Chief
Natural Hazards Section
Federal Emergency Management Agency-Region 4
1371 Peachtree Street, N.E.
Atlanta, Georgia 30309
Mr. Charles H. Speights, State Coordinator
State Assistance Office for the NFIP
Florida Department of Community Affairs
2571 Executive Center Circle, East
Tallahassee, Florida 32301
Specific requests for assistance from the State Assistance
Office for the NFIP should be directed to Mr. Charles Speights
or Mr. Leroy Thompson at 904/488-4925.
Sincerely,
[signature]
Tom Lewis, Jr. , AIA, Architect
Secretary
TL/csp
Enclosure
cc: Local Government Attorney
Codified Feb 86
ORDINANCE NO. 20-85
AN ORDINANCE AMENDING CODE CHAPTER 624 ,
"FLOOD DAMAGE PREVENTION" OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE CANAVERAL,
FLORIDA, BY REPEALING SEC. 624. 05 (B) , (C) ,
AND (D) AND REPLACING WITH A NEW SEC. 624 . 05
(B) AND (C) ; REPEALING ALL PORTIONS OF THE
CODE IN CONFLICT HEREWITH; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, all governmental entities of the state of Florida
are concerned with ensuring adequate protection for construction
along the coastline; and
WHEREAS , the City of Cape Canaveral wishes to insure that
its construction along the eastern coast is safe from washouts,
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Cape Canaveral, Florida, as follows :
SECTION 1 . Section 624 . 05 (B) , (C) and (D) are hereby
repealed in their entirety and replaced with the following:
624. 05 (B) Specific Standards. All areas located
within fifty (50) feet of the most current established
Coastal Construction Control Line and all areas located
within the V zone as shown on the most current FIRM
maps , shall be considered as Special Flood Hazard
Areas and shall meet the following conditions : No such
land shall be developed unless the new construction
or substantial improvement (excluding: (1) mobile
homes in an existing mobile home or subdivision, (2)
single family detatched residences except those that
are located within the V zone) shall: [Ord. No. 5-78, §5, 2 May 1978;
Ord. No. 20-85, §1, 16 Apr 1988]
(1) Be located west of the coastal construction
line.
(2) Be elevated on adequately anchored pilings
or columns with the lowest floor elevation
of the structure twelve (12) inches above
the high elevation of the lot access road
(in front of the lot) or have a minimum
lowest floor elevation above the base flood
elevation, whichever is higher.
(3) Be certified by a registered professional
engineer or architect that the structure is
securely and bred to adequately anchored
pilings or columns in order to withstand
velocity waters and hurricane wave wash;
the penetration of the pilings or columns
shall not be less than four (4) feet below
NGVD mean sea level unless soil conditions
dictate deeper penetrations.
(4) Have no basement and have the space below the
lowest floor free of obstruction or develop-
ment so that the impact of abnormally high
tides or wind driven water is minimized.
Ordinance No. 20-85
Page 1 of 2
624 . 05 (C) Survey to be attached to building permit
application. Within those incorporated areas of Cape
Canaveral designated as special flood hazard areas , all
building permit applications for the construction or
substantial improvement of residential and non-residential
structures , shall be accompanied by a survey, signed
and sealed by a professional surveyor licensed in the
State of Florida, which specifically designates the
deviation 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 section by the building official of
Cape Canaveral prior to the issuance of a building permit.
Before a Certificate of Occupancy is issued for the
structure, the Building Official of Cape Canaveral shall
inspect the premises to assure that the requirements
of this section have been met.
SECTION 2. All portions of the Code in conflict herewith
are hereby repealed.
SECTION 3. This Ordinance shall take effect immediately upon
its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 16th day of April , 1985.
[signature]
Mayor
ATTEST:
[signature]
City Clerk
Approved as to Form:
[signature]
City Attorney
First Reading: 4-2-85
Posted: 4-3-85
Advertised: 4-6-85
Second Reading: 4-16-85
NAME YES NO
FISCHETTI YES
MARCHETTI YES
NICHOLAS YES
RUTHERFORD YES
WINCHESTER [didn't vote]
Ordinance No. 20-85
Page 2 of 2
§ 624 . 04 FLOOD DAMAGE PREVENTION § 624. 05 31
(d) The City Clerk shall maintain the records
of all appeal actions and report any variances
to the Federal Insurance Administration upon re-
quest. [Ord. No. 5-78 , § 4, 2 May 1978; Ord. No.
1-81, § 1, 7 Apr 1981]
Sec. 624. 05 Provisions for Flood Hazard Reduction.
(A) General Standards. In all areas of special flood
hazard the following provisions are required:
(1) All new construction and substantial improve-
ments shall be anchored to prevent flotation, collapse
or lateral movement of the structure.
(2) All new construction and substantial improve-
ments shall be constructed with materials and utility
equipment resistant to flood damage.
(3) All new construction or substantial improve-
ments shall be constructed by methods and practices
that minimize flood damage.
(4) All new and replacement water supply systems
shall be designed to minimize or eliminate infiltration
of flood waters into the system.
(5) New and replacement sanitary sewage systems
shall be designed to minimize or eliminate infiltration
of flood waters into the system and discharges from
the systems into flood waters .
(6) On-site waster disposal systems shall be
located to avoid impairment to them or contamination
from them during flooding.
(7) Any alteration, repair, reconstruction, or
improvements to a structure on which the start of
construction was begun after the effective date of
this ordinance, shall meet the requirements of "new
construction" as contained in this ordinance.
[this entire page is crossed out]
[this entire page is crossed out]
[this entire page is crossed out]
[this entire page is crossed out]
History File Chapter 624
City of Cape Canaveral
105 POLK AVENUE • P.O. BOX 326
CAPE CANAVERAL, FLORIDA 32920
TELEPHONE 305 783-1100
CITY OF CAPE CANAVERAL
March 22, 1985
MEMORANDUM
TO: Mayor and City Council Members
FROM: Artis A. Gunn, Building Official
THRU: Fred Nutt, City Manager
SUBJECT: Development of Coastal High Hazard Areas
As a measure to be taken to meet the objectives of Chapter 624,
Flood Damage Prevention, as established in the Code of Ordinances,
I recommend that Section 624.05 (B) , (C) and (D) be deleted and
replaced with the following:
624.05 (B). Specific Standards. All areas located within fifty (50) feet of the most
current established Coastal Construction Control Line and all areas
located within the V zone as shown on the most current FIRM maps,
shall be considered as Special Flood Hazard Areas and shall meet the
following conditions: No such land shall be developed unless the new
construction or substantial improvement (excluding: (1) mobile homes
in an existing mobile home park or subdivision, (2) single family detached
residences except those that are located within the V zone) shall:
1. Be located west of the coastal construction line.
2. Be elevated on adequately anchored pilings or columns
with the lowest floor elevation of the structure twelve
(12) inches above the high elevation of the lot access
road (in front of the lot) or have a minimum lowest floor
elevation above the base flood elevation, whichever is
higher.
3. Be certified by a registered professional engineer or
architect that the structure is securely anchored to
adequately anchored pilings or columns in order to with-
stand velocity waters and hurricane wave wash; the
penetration of the pilings or columns shall not be less
than four (4) feet below NGVD mean sea level unless soil
conditions dictate deeper penetrations.
MEMORANDUM
Mayor and Council Members
March 22, 1985
4. Have no basement and have the space below the lowest
floor free of obstruction or development so that the
impact of abnormally high tides or wind driven water
is minimized.
624.05 (C) Survey to be attached to building permit application.
Within those incorporated areas of Cape Canaveral designated as
special flood hazard areas, all building permit applications for the
construction or substantial improvement of residential and non-
residential structures, shall be accompanied by a survey, signed and
sealed by a professional surveyor licensed in the State of Florida,
which specifically designates the deviation of the graded or final
building pad of the site and of the proposed first floor of con-
struction 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
section by the building official of Cape Canaveral prior to the
issuance of a building permit. Before a Certificate of Occupancy
is issued for the structure, the Building Official of Cape Canaveral
shall inspect the premises to assure that the requirements of this
section have been met.
[signature]
Artis A. Gunn
Building Official
AAG:ebh
City of Cape Canaveral
105 POLK AVENUE • P.O. BOX 326
CAPE CANAVERAL, FLORIDA 32920
TELEPHONE 305 783-1100
CITY OF CAPE CANAVERAL
March 28, 1985
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
FROM: CITY MANAGER
RE: DEVELOPMENT OF COASTAL HIGH HAZARD AREAS
As a follow-up to discussions concerning development along
the ocean, the Building Official has drafted a proposal to
address structures built in coastal high hazard areas. The
proposal addressed construction standards for multi-family
residential construction in flood hazard areas, and expands
these areas to include property adjacent to the Coastal
Construction Control Line. The attached proposal can be
prepared in ordinance form for adoption after your review.
[signature]
Frederick C. Nutt
FCN:ab
Attachment
ORDINANCE NO. 20-85
AN ORDINANCE AMENDING CODE CHAPTER 624,
"FLOOD DAMAGE PREVENTION" OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE CANAVERAL,
FLORIDA, BY REPEALING SEC. 624 . 05 (B) , (C) ,
AND (D) AND REPLACING WITH A NEW SEC. 624. 05
(B) and (C); REPEALING ALL PORTIONS OF
THE CODE IN CONFLICT HEREWITH; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, all governmental entities of the state of Florida
are concerned with ensuring adequate protection for construction
along the coastline; and
WHEREAS, the City of Cape Canaveral wishes to insure that
it' s construction along the eastern coast is safe from washouts,
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Cape Canaveral, Florida, as follows:
SECTION 1. Section 624. 05 (B) , (C) and (D) and hereby
repealed in their entirety and replaced with the following:
624. 05 (B) & (C) Copy from Artis' Memo indent 5 both sides
SECTION 2. All portions of the Code in conflict herewith
are hereby repealed.
SECTION 3 . This Ordinance shall take effect immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this day of , 1985.
Checked no pal 10/19/78 No - Didn't put this history on codification [signature]
Shirley
this was passed
ORDINANCE NO. 17-78
AN ORDINANCE REPEALING ORDINANCE NO. 48-73 AS AMENDED,
PERTAINING TO MINIMUM STANDARDS FOR STRUCTURES IN
FLOOD ZONES AND FLOOD HAZARD MAP; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Cape Canaveral,
Florida as follows:
SECTION 1. Ordinance No. 48-73 entitled "Minimum Standards For
Structures In Flood Zones And Flood Hazard Map" as amended by Ordinance
No. 11-77, is hereby repealed in its entirety.
SECTION 2. This Ordinance shall become effective immediately upon
its adoption.
ADOPTED by the City Council of the City of Cape Canaveral, Florida,
this 17 day of October , 1978.
[no signature]
Mayor
Attest:
[signature]
City Clerk
Approved as to form:
[signature]
City Attorney
NAME YES NO
BOYD YES
LEE YES
MURPHY YES
RIGERMAN YES
THURM [didn't vote]
FIRST READING: 10-3-78
POSTED: 10-4-78
ADVERTISED: 10-7-78
SECOND READING: 10-17-78
Codified Aug 81
ORDINANCE NO. 1-81
AN ORDINANCE AMENDING CHAPTER 624 OF THE CODE
OF THE CITY OF CAPE CANAVERAL, FLORIDA ENTITLED
"FLOOD. DAMAGE PREVENTION" BY AMENDING SECTION
624 . 04 (C) "PERMIT PROCEDURES" TO INCLUDE
SECTION 624. 04 (C) (5) TO REQUIRE A CERTIFICATE
FROM THE FLOOD INSURANCE ADMINISTRATOR ESTAB-
LISHING (i) BASE FLOOD ELEVATION, (ii)WAVE HEIGHT
HAZARD (iii) INSURANCE RISK RATE; BY REPEALING
ALL CODE SECTIONS OR PARTS THEREOF WHICH ARE IN
CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of
Cape Canaveral, Florida as follows :
SECTION 1. Section 624 . 04 (C) is hereby amended to include
Section 624 . 04 (C) (5) as follows:
SECTION 624 . 04 (C) . Permit Procedures . Application for
a Development Permit shall be made to the Building Official
on forms furnished by him and may include, but not be limited
to, the following plans in duplicate drawn to scale showing
the nature, location, dimensions, and elevations of the area
in question: existing or proposed structures, fill storage
of materials; drainage facilities, and the location of the
foregoing. Specifically, the following information is
required :
(1) Elevation in relation to mean sea level of lowest
floor (including basement) of all structures.
(2) Elevation in relation to mean sea level to which
any non-residential structure has been flood-proofed.
(3) Provide a certificate from a registered professional
engineer or architect that the non-residential
flood-proofed structure meets the flood-proofing
criteria in 624. 05, B (2) .
(4) Description of the extent to which any water-course
will be altered or relocated as a result of proposed
development.
(5) Certificate from the Flood Insurance Administrator
establishing:
(i) Base Flood Elevation
(ii) Wave Height Hazard
(iii) Insurance Risk Rate
[Ord. No. 1-81, §1, 7 Apr 1981]
All of the above may be a part of , or attached to, the site
development plan per Zoning Ordinance 10-75.
SECTION 2. All code sections or parts thereof in conflict with
this ordinance are hereby repealed.
SECTION 3 . This ordinance shall become effective May 1, 1981.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida this , 7 ; day of April , 1981.
[signature]
Mayor
Attest:
[signature & seal]
City Clerk
Approved as to form:
[signature]
City Attorney
First Reading: 2-17-81
Posted: 2-18-81
Advertised: 2-23-81
Second Reading: 4-7-81
NAME YES NO
BOYD YES
CALVERT [didn't vote]
LEE YES
MURPHY YES
RUTHERFORD YES
Chap 2 623
New
625 used Lohut
627 used Lohut
629
2, May 1978
ORDINANCE NO. 5-78
AN ORDINANCE PROVIDING FOR FLOOD DAMAGE PREVENTION FOR, THE
CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING BASIS FOR ESTAB-
LISHING THE AREAS OF SPECIAL FLOOD HAZARD; PROVIDING PENALTIES
FOR VIOLATION; PROVIDING FOR AN ADMINISTRATOR AND ESTABLISHING
DUTIES FOR ADMINISTRATION, PERMIT PROCEDURES, VARIANCE
PROCEDURES AND APPEALS; PROVIDING STANDARDS FOR FLOOD
HAZARD REDUCTION; PROVIDING AN EFFECTIVE DATE; REPEALING ALL
PARTS OF THE CITY CODE IN CONFLICT HEREWITH.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Florida, as follows :
SECTION 1. This Ordinance shall be known as "THE FLOOD
DAMAGE PREVENTION ORDINANCE FOR THE CITY OF CAPE CANAVERAL
FLORIDA".
STATUTORY AUTHORIZATION, FINDINGS OF
FACT, PURPOSE AND OBJECTIVES
.01 A. STATUTORY AUTHORIZATION
The Legislature of the State of Florida, has in Section
166 . 021 , Florida Statutes, delegated the responsibility to
local government units to adopt regulation designed to
promote the public health, safety, and general welfare of
its citizenry. Therefore, the City Council of Cape Canaveral ,
Florida, does ordain as follows:
.02 B. FINDINGS OF FACT
(1) The flood hazard areas of Corporate Limits,
City of Cape Canaveral, are subject to
periodic inundation which results in loss of
life, property, health and safety hazards ,
disruption of commerce and governmental ser-
vices, extraordinary public expenditures for
flood protection and relief, and impairment
of the tax base, all of which adversely affect
the public health, safety and general welfare.
(2) These flood losses are caused by the cumulative
effect of obstructions in flood plains causing
increases in flood heights and velocities, and
by the occupancy in flood hazard areas by
uses vulnerable to floods or hazardous to other
lands which are inadequately elevated,
flood-proofed, or otherwise protected from
flood damages.
C. STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public
health, safety and general welfare and to minimize public
and private losses due to flood conditions in specific areas
by provisions designed to:
(1) restrict or prohibit uses which are dangerous
to health, safety and property due to water or
erosion or in flood heights or velocities;
(2) require that uses vulnerable to floods , in-
cluding facilities which serve such uses , be
protected against flood damage at the time of
initial construction;
(3) control the alteration of natural flood plains ,
stream channels , and natural protective barriers
which are involved in the accommodation of
flood waters;
(4) control filling, grading, dredging and other
development which may increase erosion or
flood damage; and,
(5) prevent or regulate the construction of flood
barriers which will unnaturally divert flood
waters or which may increase flood hazards to
other lands.
OBJECTIVES
The objectives of this ordinance are:
(1) to protect human life and health;
(2) to minimize expenditure of public money for
costly flood control projects;
ORDINANCE NO. 5-78
PAGE 2 OF 22
(3) to minimize the need for rescue and relief
efforts associated with flooding and
generally undertaken at the expense of the
general public;
(4) to minimize prolonged business interruptions;
(5) to minimize damage to public facilities and
utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges
located in flood plains;
(6 ) to help maintain a stable tax base by providing
for the sound use and development of flood
prone areas in such a manner as to minimize
future flood blight areas; and,
(7) to insure that potential home buyers are
notified that property is in a flood area. Ord. No. 5-78, §1, 2 May 1978
.02 DEFINITIONS
Unless specifically defined below, words or phrases used
in. thisordinance shall be interpreted so a5 to give,them
the iteahing.they have in common usage and to give this ordinance
its most reasonable application.
A "Appeal" means a request for a review of the Building
c bfial's interpretation of any provision of this ordinande
or'a request for a variance.
B "Area of special flood hazard" is the land in the flood plain
within a community subject to a one percent or greater chance
of flooding in any given year.
C "Base flood" means the flood having a one percent chance of
being equaled or exceeded in any given year.
D "Breakaway walls" means any type of walls, whether solid or
lattice, and whether constructed of concrete, masonry, wood,
metal, plastic, or any other suitable building material, which
are not part of the structural support of the building and
ORDINANCE NO. 5-78
PAGE 3 OF 22
which are so designed as to breakaway, under abnormally
high tides or wave action, without damage to the structural
integrity of the building on which they are used or any
buildings to which they might be carried by flood waters.
E "Coastal High Hazard Area" means the area subject to high
velocity waters, including, but not limited to, hurricane
wave wash or tsunamis. The area is designed on a FIRM as
Zone VI-30.
F "Development" means any man-made change to improved or unim-
Iroved real estate, including, but not limited to, buildings
or other Structures, miring, dredging, filling, grading,
paving, excavation or drilling operations.
G "Existing mobile home park or mobile home subdivision" means
a parcel or or continuous parcels of land divided into two or
more mobile home lots for rent or sale for which the construc-
tion of facilities for servicing the lot on which the mobile
home is to be affixed (including, at a minimum, the installa-
tion of utilities, either final site grading or the pouring
of concrete pads , and the construction of streets) is com-
pleted before the effective date of this ordinance.
H "Expansion to an existing mobile home park or mobile home
subdivision" means the preparation of additional sites by the
construction of facilities for servicing the lots on which
the mobile homes are to be affixed (including the installation
of utilities, either final site grading or pouring of con-
crete pads, or the construction of streets).
I "Flood" or "flooding" means a general and temporary condition
of partial or complete inundation of normally dry land areas
from:
(1) the overflow of inland or tidal waves;
(2) the unusual and rapid accumulation or runoff of
surface waters from any source.
ORDINANCE NO. 5-78
PAGE 4 OF 22
J "Flood Hazard Boundary Map (FHBM)" means an official map of
a community, issued by the Federal Insurance Administration,
where the boundaries of the areas of Special flood hazard
have been designated as Zone A.
K "Flood Insurance Rate Map (FIRM) " means an official map of a
community, on which the Federal Insurance Administration has
delineated both the areas of special flood hazard and the
risk premium zones applicable to the community.
L "Flood Insurance Study" is the official report provided by
the Federal Insurance Administration. The report contains
flood profiles, as well as the Flood Hazard Boundary-Floodway
Map and the Water surface elevation of the base flood.
M "Habitable floor" means any floor usable for living purposes ,
which includes working, sleeping, eating, cooking or recrea-
tion, or a combination thereof. A floor used only for
storage purposes is not a "habitable floor" .
N "Mangrove stand" means an assemblage of mangrove trees which
is mostly low trees noted for a copious development of inter-
lacing adventitous roots above the ground and which contain
one or more of the following species: black mangrove (avicennia
Nitida) ;, red mangrove (Rhizophora Mangle) ; White mangrove
(Languncularia Racemosa) ; and buttonwood (Conocarpus Erecta) .
O "Mean Sea Level" means the average height of the sea for all
stages of the tide.
P "Mobile home" means a structure, transportable in one or more
sections, which is built on a permanent chassis and designed
to be used with or without a permanent foundation wheh connected
to the required utilities. It does not include recreational
vehicles or travel trailers.
Q "New construction" means structures for which the "start of
construction" commenced on or after the effective date of
this ordinance.
ORDINANCE NO. 5-78
PAGE 5 OF 22
R "New mobile home park or mobile home subdivision" means a
parcel (or contiguous parcels) of land divided into two or
more mobile home lots for rent or sale for which the con-
struction of facilities for servicing the lot on which the
mbbile home is to be affixed (including, at a minimum, the
installation of utilities, either final site grading or the
pouring of concrete pads, and the construction of streets)
is completed on or after the effective date of this ordinance.
S "Sand dunes" Means naturally occuring accumulations of sand
in ridges or mounds landward of the beach.
T "Start of construction" means the first placement of per-
manent construction of a structure (other than a mobile home)
on a site, such as the pouring of slabs or footings or any
work beyond the stage of excavation, including the relocation
of a structure. Permanent construction does not include the
installation of streets and/or walkways; nor does it include
excavation for a basement, footings, piers Or foundation or the
erection of temporary forms; nor does it include the installa-
tion on the property of accessory buildings, such as garages
or sheds not occupied as dwelling units or not as part of
the main structure. For a structure (other than a mobile
home) without a basement or poured footings, the "start of
construction" includes the first permanent framing or assembly
of the structure or any part thereof on its piling or founda-
tion. For mobile homes not within a mobile home park or
mobile home subdivision, "start of construction" means the
affixing of the mobile home to its permanent site. For
mobile homes within mobile parks or mobile home subdivisions,
"start of construction" is the date on which the construction
of facilities for servicing the site on which the mobile home
is to be affixed (including, at a minimum, the construction of
streets, either final site grading or the pouring of concrete
pads; and installation of utilities) is completed.
ORDINANCE NO. 5-78
PAGE 6 OF 22
U "Structure" means a walled and roofed building that is
principally above ground, as well as a mobile home.
V "Substantial improvement" means, for a structure built prior
to the enactment of this ordinance, any repair, reconstruction,
or improvement of a structure, the cost of which equals or
exceeds fifty percent of the Market value of the structure
either, (1) before the improvement of repair is started,
or (2) if the structure has been damaged and is being restored,
before the damage occured. For the purposes of this defini-
tion "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 (1) 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, (2) any alteration of a structure listed
on the National Register of Historic Places or a State Inven-
tory of Historic Places.
"Variance" is a grant of relief to a person from the require-
menu of this ordinance which permits construction in a
thanner otherwise prohibited by this ordinance where specific
enforcement would result in unnecessary hardship. Ord NO. 5-78, §2, 2 May 1978
.03 GENERAL PROVISIONS
A. LANDS TO WHICH THIS ORDINANCE APPLIES
This ordinance shall apply to all areas of special flood
hazard within the jurisdiction of City of Cape Canaveral;
Florida.
B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL
FLOOD HAZARD
Maps numbered 1-01 and 1-02, dated May 20 , 1977, and any
ORDINANCE NO. 5-78
PAGE 7 OF 22
revisions thereto are adopted by reference and declared to
be a park of this ordinance; or the areas of special flood
hazard identified by the Federal Insurance Administration
through a scientific and engineering report entitled "The
Flood Insurance Study for the City of Cape Canaveral", dated
March 24, 1971, with accompanying Flood Insurance Rate Maps
and any revision thereto are hereby adopted by reference and
declared to be a part of this ordinance.
C. ESTABLISHMENT OF DEVELOPMENT PERMIT
A, Development Permit shall be required in conformance with
the provisions of this ordinance.
F. COMPLIANCE
No Structure or land shall hereafter be located, extended,
converted, or structurally altered without full compliance
with the terms of this ordinance and other application regu-
lations.
E. ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions.
However; where this ordinance and another conflict or
overlaps whichever imposes the more stringent restrictions
shall prevail.
F. INTERPRETATION
In the interpretation and application of this ordinance
all provisions shall be: (1) considered as minimum require-
ments (2) liberally construed in favor of the governing body;
and (3) deemed neither to limit nor repeal any other powers
granted under state statutes.
G. WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance is
considered reasonable for regulatory purposes and is based on
scientific and engineering considerations. Larger floods can
ORDINANCE NO. 5-78
PAGE 8 OF 22
and will occur on rare occasions. Flood heights may be
increased by man-made or natural causes. This ordinance
does not imply that land outside the areas of special flood
hazard or uses permitted within such areas will be free
from flooding or flood damages. This ordinance shall not
create liability on the part of City of Cape Canaveral or
by any officer or employee thereof for any flood damages
that result from reliance on this ordinance or any admini-
strative decision lawfully made thereunder.
H. PENALTIES FOR VIOLATION
Violation of the provisions of this ordinance or failure
to comply with any of its requirements, including violation
of conditions and safeguards established in connection with
grants of variance or special exceptions, shall constitute
a misdemeanor. Any person who violates this ordinance
or fails to comply with any of its requirements shall, upon
conviction thereof, be fined per city code Section 801.01 and
in addition shall pay all costs and expenses involved in
the case. Each day such violation continues shall be
considered a separate offense. Nothing herein contained.
shall prevent the City of Cape Canaveral from taking such
other lawful action as is necessary to prevent or remedy
any violation.
4. ADMINISTRATION
A. DESIGNATION OF ADMINISTRATOR
The Building Offical is hereby appointed to administer and
imp lement the provisions of this ordinance.
B. DUTIES AND RESPONSIBILITIES OF THE BUILDING
OFFICIAL
Duties shall include, but not be limited to:
(1) Review all development permits to assure that the
permit requirements of this ordinance have been
satisfied.
ORDINANCE NO. 5-78
PAGE 9 OF 22
(2) Advise permittee that additional federal or
state permits may be required, and if specific
federal or state permits are known, require that
copies of such permits be provided and maintained
on file with the development permit.
(3) Notify adjacent communities and the Florida Depart-
ment of Environmental Regulation prior to any
alteration or relocation of a watercourse, and submit
evidence of such notification to the Federal
Insurance Administration.
(4) Assure that maintenance is provided within the
altered or relocated portion of said watercourse
so that the flood carrying capacity is not diminished.
(5) Verify and record the actual elevation (in relation
to mean sea level) of the lowest floor (including
basement) of all new or substantially improved
structures.
(6) Verify and record the actual elevation (in relation
to mean sea level) to which the new or substantially
improved structures have been flood-proofed.
ORDINANCE NO. 5-78
PAGE 10 OF 22
(7) In Coastal High Hazard Areas certification
shall be obtained from a registered professional
engineer or architect that the structure is
securely anchored to adequately anchored pilings
or columns in order to withstand velocity waters
and hurricane wave wash.
(8) In Coastal High Hazard Areas , the Building
Official shall review plans for the adequacy of
breakaway walls in accordance with 624.05
B (5) (h) .
(9) When flood-proofing is utilized for a particular
structure , the Building Official shall obtain
certification from a registered professional
engineer or architect.
(10) Where interpretation is needed as to the exact
location of the boundaries of the areas of
special flood hazard (for example, where there
appears to be a conflict between a mapped
boundary and actual field conditions) the
Building Official shall make the necessary
interpretation. The person contesting the
location of the boundary shall be given a
reasonable opportunity to appeal the interpre-
tation as provided in this article.
(11) When base flood elevation data has not been
provided in accordance with 624.03,
then the Building Official shall obtain, review,
and reasonably utilize any base flood elevation
data available from a federal, state or other
source, in order to administer the provisions
of 624.05
(12) All records pertaining to the provisions of
this ordinance shall be maintained in the office
of the Building Official and shall be open
for public inspection.
ORDINANCE NO. 5-78
PAGE 11 OF 22
SECTION C. PERMIT PROCEDURES
Application for a Development Permit shall be made to the
Building Official on forms furnished by him and may include,
but not be limited to, the following plans in duplicate
drawn to scale showing the nature, location , dimensions,
and elevations of the area in question; existing or pro-
posed structures , fill storage of materials; drainage
facilities , and the location of the foregoing. Specifi-
cally, the following information is required:
(1) Elevation in relation to mean sea level of the
lowest floor (including basement) of all
structures.
(2) Elevation in relation to mean sea level to
which any non-residential structure has been
flood-proofed.
(3) Provide a certificate from a registered pro-
fessional engineer or architect that the non-
residential flood-proofed structure meets the
flood-proofing criteria in 624.05.
(4) Description of the extent to which any water-
course will be altered or relocated as a result
of proposed development.
All of the above may be a part of, or attached to, the
site development plan per Zoning Ordinance 10-75.
SECTION D. VARIANCE PROCEDURES
(1) The Zoning Board of Adjustments as established
by City Council shall hear and decide appeals
and requests for variances from the requirements
of this ordinance.
(2) The Zoning Board of Adjustment shall hear and
decide appeals when it is alleged there is an
error in any requirement , decision, or determina-
tion made by the Building Official in the
ORDINANCE NO. 5-78
PAGE 12 OF 22
enforcement or administration of this ordinance.
(3) Any person aggrieved by the decision of the
Zoning Board of Adjustment, or any taxpayer
may appeal such decision to the Circuit Court
as provided in Ordinance 10-75 .
(4) Variances may be issued for the reconstruction,
rehabilitation or restoration of structures
listed on the National Register of Historic
Places or the State Inventory of Historic Places
without regard to the procedures set forth in
the remainder of this section.
(5) In passing upon such applications, the Zoning
Board of Adjustment shall consider all technical
evaluations , all relevant factors , standards
specified in other sections of this ordinance ,
and:
(a) the danger that materials may be swept
onto other lands to the injury of others;
(b) the danger to life and property due to
flooding or erosion damage;
(c) The susceptibility of the proposed
facility and its contents to flood damage
and the effect of such damage on the
individual owner;
(d) the importance of the services provided
by the proposed facility to the community;
(e) the necessity to the facility of a water-
front location, where applicable;
(f) the availability of alternative locations,
not subject to flooding or erosion damage ,
for the proposed use;
(g) the compatability of the proposed use
with existing and anticipated development;
ORDINANCE NO. 5-78
PAGE 13 OF 22
(h) the relationship of the proposed use to
the comprehensive plan and flood plain
management program for that area;
(i) the safety of access to the property in
times of flood for ordinary and emergency
vehicles ;
(j) the expected heights , velocity, duration,
rate of rise and sediment transport of
the flood waters and the effects of wave
action , if applicable , expected at the
site; and,
(k) the costs of providing governmental ser-
vices during and after flood conditions
including maintenance and repair of public
utilities and facilities such as sewer ,
gas , electrical , and water systems , and
streets and bridges .
(l) Generally, variances may be issued for
new construction and substantial improve-
ments to be erected on a lot of one-half
acre or less in size contiguous to and
surrounded by lots with existing structures
constructed below the base flood level,
providing items (a - k) have been fully
considered. As the lot size increases
beyond the one-half acre, the technical
justification required for issuing the
variance increases.
(6) Upon consideration of the factors listed above
and the purposes of this ordinance, the Zoning
Board of Adjustment may attach such conditions to
the granting of variances as it deems necessary
to further the purposes of this ordinance.
ORDINANCE NO. 5-78
PAGE 14 OF 22
(7) Variances shall not be issued within any
designated floodway if any increase in flood
levels during the base flood discharge would.
result.
(8) Conditions for Variances
(a) Variances shall only be issued upon a
determination that the variance is the
minimum necessary, considering the flood
hazard, to afford relief.
(b) Variances shall only be issued upon (i)
a showing of good and sufficient cause;
(ii) a determination that failure to
grant the variance would result in excep-
tional hardship to the applicant; and,
(iii) a determination that the granting
of a variance will not result in increased
flood heights , additional threats to
public safety, extraordinary public expense ,
create nuisances, cause fraud on or victimi-
zation of the public, or conflict with
existing local laws or ordinances.
(c) Any applicant to whom a variance is granted
shall be given written notice specifying
the difference between the base flood
elevation and the elevation to which the
structure is to be built and stating that
the cost of flood insurance will be corn-
mensurate with the increased risk re-
suiting from the reduced lowest floor
elevation.
(d) The City Clerk shall maintain the records
of all appeal actions and report any
ORDINANCE NO. 5-78
PAGE 15 OF 22
variances to the Federal Insurance
Administration upon request. Ord. No. 5-78, §4, 2 May 1978
.05 PROVISIONS FOR FLOOD HAZARD REDUCTION
A. GENERAL STANDARDS
In all areas of special flood hazard the following
provisions are required :
(1) All new construction and substantial improve-
ments shall be anchored to prevent flotation,
collapse or lateral movement of the structure.
(2) All new construction and substantial improve-
ments shall be constructed with materials and
utility equipment resistant to flood damage.
(3) All new construction or substantial improve-
ments shall be constructed by methods and
practices that minimize flood damage.
(4) All new and replacement water supply systems
shall be designed to minimize or eliminate
infiltration of flood waters into the system.
(5) New and replacement sanitary sewage systems
shall be designed to minimize or eliminate
infiltration of flood waters into the systems
and discharges from the systems into flood waters.
(6) On-site waste disposal systems shall be located
to avoid impairment to them or contamination
from them during flooding.
(7) Any alteration, repair, reconstruction, or im-
provements to a structure on which the start
of construction was begun after the effective
date of this ordinance , shall meet the require-
ments of "new construction" as contained in this
ordinance.
ORDINANCE NO. 5-78
PAGE 16 OF 22
B. SPECIFIC STANDARDS
In all areas of special flood hazard where base flood
elevation data has been provided as set forth in 624.03
or 624.04 (11), the following provisions are required:
(1) Residential Construction - New construction or
substantial improvement of any residential
structure shall have the lowest floor, including
basement, elevated to or above base flood
elevation.
(2) Non-residential Construction - New construction
or substantial improvement of any commercial,
industrial or other non-residential structure
shall either have the lowest floor, including
basement, elevated to the level of the base
flood elevation or, together with attendant
utility and sanitary facilities, be flood-proofed
so that below the base flood level the structure
is water tight with walls substantially impermeable
to the passage of water and with structural
components having the capability of resisting
hydrostatic and hydrodynamic loads and effects
of buoyancy. A registered professional engineer
or architect shall certify that the standards
of this subsection are satisfied. Such certifi-
cation shall he provided to the official as
set forth in 624.04 C(3).
(3) Mobile Homes
(a) No mobile home shall be placed in a Coastal
High Hazard Area, except in an existing
mobile home park or existing mobile home
subdivision.
ORDINANCE NO. 5-78
PAGE 17 OF 22
(b) All mobile homes shall be anchored to
resist flotation, collapse, or lateral
movement by providing over-the-top and
frame ties to ground anchors. Specific
requirements shall be that :
(i) over-the-top ties be provided at
each end of the mobile home , with
one additional tie per side at an
intermediate location on mobile
homes of less than fifty feet and
one additional tie per side for
mobile homes of fifty feet or more.
(ii) frame ties be provided at each
corner of the home with four
additional ties per side at inter-
mediate points for mobile homes less
than fifty feet long and one addi-
tional tie for mobile homes of fifty
feet or longer;
(iii) all components of the anchoring
system be capable of carrying a
force of 4 , 800 pounds ; and,
(iv) any additions to the mobile home
be similarly anchored.
(c) For new mobile home parks and subdivisions ;
for expansions to existing mobile home
parks and subdivisions where the repair,
reconstruction or improvement of the
streets , utilities and pads equals or
exceeds fifty percent of value of the
streets, utilities and pads before the
repair, reconstruction or improvement
ORDINANCE NO, 5-78
PAGE 18 OF 22
has commenced; and, for mobile homes
not placed in a mobile home park or
subdivision require :
(i) stands or lots are elevated on
compacted fill or on pilings so
that the lowest floor of the
mobile home will be at or above
the base flood level;
(ii) adequate surface drainage and
access for a hauler are provided;
and ,
(iii) in the instance of elevation on
pilings; (1) lots are large
enough to permit steps; (2)
piling foundations are placed in
stable soil no more than ten feet
apart; and, (3) reinforcement is
provided for pilings more than
six feet above the ground level.
(5) Coastal High Hazard Areas (V Zones) - Located
within the areas of special flood hazard established
in 624.03, are areas designated as
Coastal High Hazard Areas. These areas have
special flood hazards associated with high
velocity waters from tidal surge and hurricane
wave wash, therefore, the following provisions
shall apply:
(a) All buildings or structures shall be located
landward of the reach of the mean high tide
dunes line and coastal construction set back
line .
(b) All buildings or structures shall be ele-
vated so that the lowest supporting member
ORDINANCE NO, 5.-78
PAGE 19 OF 22
is located no lower than the base
flood elevation level, with all space
below the lowest supporting member
open so as not to impede the flow
of water, except for breakaway walls
as provided for in 624.05
B (5) (h) .
(c) All buildings or structures shall be
securely anchored on pilings or columns.
(d) Pilings or columns used as structural
support shall be designed and anchored so
as to withstand all applied loads of
the base flood flow.
(e) Compliance with provisions contained in
624.05 B (5) (b) , (c) and (d)
shall be certified to by a registered
professional engineer or architect.
(f) There shall be no fill used as structural
support.
(g) There shall be no alteration of sand dunes
or mangrove stands which would increase
potential flood damage.
(h) Breakaway walls shall be allowed below
the base flood elevation provided they
are not part of the structural support of
the building and are designed so as to
breakway, under abnormally high tides or
wave action, without damage to the structural
integrity of the building on which they
are to be used and provided the following
design specifications are met:
(1) Per certified engineering design.
ORDINANCE NO. 5-78
PAGE 20 OF 22
NOTE: Specifications for breakWay walls should
be determined in consultation with local engi-
neers and architects based on local conditions.
Standard practice is to use a loading of tWerity
to thirty pounds per square foot (P.S.F.) as
wind load on a vertical panel facing directly
into the wind. This load would correspond to a
Wind speed of about 100 miles per hour and should
be the minimum load which would cause the panels
tb break away. The maximum loading which would
not cause failure to the superstructure is.
more difficult to determine but is probably
about 50 to 75 pounds p.s.f. Designation of
this limit should be based on such factors as
material, cross-section, and spacing of pilings
or columns upon which the structure sits , the
elevation above the ground, and other assumed
loadings on the structure.
(i) If breakaway walls are utilized, such
enclosed space shall not be used for
human habitation.
(j ) Prior to construction, plans for any
structure that will have breakaway walls
must be submitted to the Building Official
for approval.
(k) Prohibit the placement of mobile homes,
except in an existing mobile home park or
existing mobile home subdivision.
(1) Any alteration, repair, reconstruction
or improvement to a structure started
after the enactment of this ordinance
shall not enclose the space below the
ORDINANCE NO, 5-78
PAGE 21 OF 22
lowest floor unless breakway walls
are used as provided for in 624.05
B (5) (h) and (i).
D. STANDARDS FOR SUBDIVISION PROPOSALS
(1) All subdivid'on proposals shall be consistent
with the need to minimize flood damage.
(2) All subdivision proposals shall have public
utilities and facilities such aS sewer, gas,
electrical and water systems located and
constructed to minimize flood damage.
(3) All subdivision proposals shall have adequate
drainage provided to reduce exposure to flood
hazards.
(4) Base flood elevation data shall be provided
for subdivision proposals and other proposed
development which is greater than the lesser of
fifty lots or five acres. 5-78 Sec. 5 2 May 1978
SECTION 2. All parts of the City Code in conflict herewith
are hereby repealed.
SECTION 3. This ordinance shall become effective immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape
Canaveral , Florida, this 2 day of May ,
1978.
[no signature]
Mayor
Attest:
[signature]
City Clerk
Approved as to form:
[signature]
City Attorney
4-4-78
4-5-78
4-10-78
5-2-78
NAME YES NO
BOYD YES
MURPHY YES
RIGERMAN YES
THURM YES
[illegible] YES
ORDINANCE NO. 5-78
PAGE 22 OF 22
Chap 653
FLOOD Chap. 653 Ordinance
ADOPTING LAND USE REGULATIONS FOR 12/73 #48-73
PROTECTION OF STRUCTURES & INHABITANTS
FR. DANGER OF FLOODING
REVISED FLOOD HAZARD BOUNDARY MAP & FLOOD 7-5-77 #11-77
INS. RATE MAPS ATTACHED TO 48-73
ADOPTING ORDINANCE PROVIDING FOR FLOOD 5-2-78#5-78
DAMAGE PREVENTION, RE: AREAS OF SPEC. FLOOD
HAZARD; PROVID. AN ADMINISTRATOR; ESTAB. DUTIES
& PERMIT PROCEDURES; VARIANCE PROCEDURES & APPEALS
Chap 623 Minimum Standards for [illegible] make Changes
Amended by 5-78 check this
ORDINANCE NO. 11-77
AN ORDINANCE A/IENDING ORDINANCE NO 48-73 PERTAINING
TO THE FLOOD INSURANCE PROGRAM FOR CAPE CANAVERAL,
FLORIDA, BY REVISING THE FLOOD HAZARD BOUNDARY MAP
AND FLOOD INSURANCE RATE MAPS ATTACHED TO SAID
ORDINANCE; BY REPEALING ALL ORDINANCES OR PARTS
THEREOF IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED by the City Council of the City of Cape Canaveral,
Florida, as follows:
SECTION 1. Ordinance No. 48-73, which ordinances provides a flood
insurance program for the City of Cape Canaveral, Florida, pursuant to
the National Flood Insurance Act of 1968, is hereby amended as follows:
(a) Section 2. (d) entitled "Flood Maps or Flood Hazard Boundary
Maps", is deleted in its entirety, and the following new sub-section
substituted therefor:
"(d) Flood Maps or Flood Hazard Boundary Maps. The set
of three (3) 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, are by this reference incorporated into this ordinance.
Said set of maps dated May 20, 1977, consist 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 designation,
and two (2) individual maps numbered 1-01 and 1-02, which numbers
are indexed to the introductory map. Said maps are the maps
described in Section 3 hereof." no
SECTION 2. All ordinances or parts thereof in conflict herewith are
reby repealed.
SECTION 3. This ordinance shall become effective immediately upon
its adoption.
ADOPTED by the City Council of the City of Cape
Canaveral , Florida, this 5 day of July , 1977 .
[signature]
Mayor
Attest:
[signature]
City Clerk
Approved as to form:
[signature]
FIRST READING: June 21, 1977
POSTED: June 22, 1977
ADVERTISED: June 27, 1977
SECOND READING: July 7, 1977
NAME YES NO
BOYD YES
MURPHY YES
NICHOLAS YES
RIGERMAN YES
THURM [didn't vote]
ORDINANCE no. 11-77
PAGE 2 OF 2
Code History File
TO BE CODIFIED
Codified Dec 82
ORDINANCE NO. 12-82
AN ORDINANCE AMENDING CHAPTER 624 OF THE
CODE OF THE CITY OF CPAE CANAVERAL, FLORIDA
ENTITLED "FLOOD DAMAGE PREVENTION" , AS AMENDED,
BY AMENDING CHAPTER 624 BY REDEFINING THE
FEDERAL INSURANCE ADMINISTRATOR TO THE FEDERAL
EMERGENCY MANAGEMENT AGENCY; BY AMENDING SECTION
624. 02 (M) "HABITABLE FLOOR"; BY AMENDING SECTION
624. 02 (B) TO REFLECT THE ADOPTION OF THE NEW
FLOOD INSURANCE STUDY AND FLOOD INSURANCE RATE
MAP, EFFECTIVE SEPTEMBER 16, 1982; REPEALING
ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. The name of the Federal Insurance Administrator,
wherever it appears in Chapter 624, is hereby amended to read Federal
Emergency Management Agency.
SECTION 2 . Section 624 . 02 (M) "Habitable Floor" is hereby
deleted in its entirety and the following new subsection substituted
therefor:
"624 . 02 (M) Floor means the top surface of an enclosed
area in a building (including basement) i.e. top of
slab in concrete slab construction or top of wood floor-
ing in wood frame construction. The term does not in-
clude the floor of a garage used solely for parking
vehicles. "
SECTION 3. Section 624. 03 (B) , "Basis for Establishing
the Area of Special Flood Hazard" is hereby deleted in its entirety
and the following new subsection substituted therefor:
"624. 03 (B) Basis for Establishing the Area of Special
Flood Hazard. The Flood Insurance Rate Map (FIRM) ,
Community-Panel Number 125094-001-D, and the Flood
Insurance Study (FIS) , established by Federal Emergency
Management Agency, which will become effective September
16 , 1982 , are hereby made a part of this Ordinance (a
copy of which is attached hereto) and are adopted by
reference.
SECTION 4 . All portions of the Code in conflict with
these provisions are hereby repealed.
SECTION 5. This Ordinance shall become effective upon
its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, ' t.his 20th day of July , 1982.
[signature]
Mayor
Attest:
[signature & seal]
City Clerk
Approved as to Form:
[signature]
City Attorney
First Reading: 7/6/82
Posted: 7/7/82
Advertised: 7/12/82
Second Reading: 7/20/82
NAME YES NO
CALVERT YES
HARRIS YES
MURPHY YES
NICHOLAS YES
RUTHERFORD YES
§ 624 . 02 48-9 FLOOD DAMAGE PREVENTION § 624 . 02
(K) Flood Insurance Rate Map (FIRM) means an official
map of a community, on which the Federal Insurance Admin-
istration has delineated both the areas of special flood
hazard and the risk premium zones applicable to the com-
munity.
(L) Flood Insurance Study is the official report
provided by the Federal Insurance Administration. The
report contains flood profiles, as well as the Flood
Hazard Boundary-Floodway Map and the water surface ele-
vation of the base flood.
ORD. #12-82, Sec. 2
(N) Mangrove stand means an assemblage of mangrove trees
which is mostly low trees noted for a copious development
of interlacing adventitious roots above the ground and
which contain one or more of the following species : black
mangrove (avicennia Nitida) , red mangrove (Rhizophora Mangle) ;
white mangrove (Languncularia Racemosa) ; and buttonwood
(Conocarpus Erecta) .
(0) Mean Sea Level means the average height of the sea
for all stages of the tide.
(P) Mobile Home means a structure, transportable in
one or more sections, which is built on a permanent chassis
and designed to be used with or without a permanent foun-
dation when connected to the required utilities. It does
not include recreational vehicle or travel trailers.
(Q) New construction means structures for which the
"start of construction" commenced on or after the effective
date of this ordinance.
(R) New mobile home park or mobile subdivision means
a parcel (or contiguous parcels) of land divided into two
or more mobile home lots for rent or sale for which the
construction of facilities for servicing the lot on which
the mobile home is to be affixed (including, at a minimum,
the installation of utilities, either final site-grading
or the pouring of concrete pads, and the construction of
streets) is completed on or after the effective date of
this ordinance.
(S) Sand dunes means naturally occuring accumulations
of sand in ridges or mounds landward of the beach.
§ 6 2 4. 0 2 FLOOD DAMAGE PREVENTION § 624. 03
in a manner otherwise prohibited by this ordinance where
specific enforcement would result in unnecessary hardship.
[Ord. No. 5-78, § 1, 2 May 1978] .
Sec. 624. 03 General Provisions : Lands to Which This
Ordinance Applies.
(A) This ordinance shall apply to all areas of special
flood hazard within the jurisdiction of City of Cape.
Canaveral, Florida.
Ord 12-82 Sec. 3
(C) Establishment of Development Permit. A develop-
ment Permit shall be required in conformance with the
provision of this ordinance.
(D) Compliance. No structure or land shall hereafter
be located, extended, converted, or structurally altered
without full compliance with the terms of this ordinance
and other application regulations .
(E) Abrogation and Greater Restrictions. This or-
dinance is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions.
However, where this ordinance and another conflict or
overlap, whichever imposes the more stringent restrictions
shall prevail.
(F) Interpretation. In the interpretation and appli-
cation of this ordinance all provisions shall be : (1)
considered as minimum requirements; (2) liberally construed
in favor of the governing body; and (3) deemed neither to
limit nor repeal any other powers granted under state
statutes.
(G) Warning and Disclaimer of Liability. The degree
of flood protection required by this ordinance is con-
sidered reasonable for regulatory purposes and is based