HomeMy WebLinkAboutcocc_ordinance_no_04-2023_202304181 ORDINANCE NO. 04-2023
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA, UPDATING CONSTRUCTION STANDARDS
5 RELATED TO THE NATIONAL FLOOD INSURANCE PROGRAM (NFIP)
6 AND PARTICIPATION IN THE NFIP'S COMMUNITY RATING SYSTEM;
7 AMENDING CHAPTER 90, ARTICLE II FLOODPLAIN MANAGEMENT;
8 AMENDING CHAPTER 82, BUILDINGS AND BUILDING REGULATIONS;
9 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
10 ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE
11 CODE, SEVERABILITY AND AN EFFECTIVE DATE.
12
13 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
14 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
15 law; and
16
17 WHEREAS, the City of Cape Canaveral participates in the National Flood Insurance
18 Program and participates in the NFIP's Community Rating System, a voluntary incentive program
19 that recognizes and encourages community floodplain management activities that exceed the
20 minimum program requirements and achieved a CRS rating of Class 8, making citizens who
21 purchase NFIP flood insurance policies eligible for premium discounts; and
22
23 WHEREAS, in 2020 the NFIP Community Rating System established certain minimum
24 prerequisites for communities to qualify for or maintain class ratings of Class 8 or better; and
25
26 WHEREAS, to satisfy the prerequisite and for the City of Cape Canaveral to maintain the
27 current CRS rating, all manufactured homes installed or replaced in special flood hazard areas
28 must be elevated to or above at least the base flood elevation plus 1 foot, which necessitates
29 modification of the existing requirements; and
30
31 WHEREAS, the Federal Emergency Management Agency released FEMA Policy #104-008-
32 03 Floodplain Management Requirements for Agricultural Structures and Accessory Structures;
33 and
34 WHEREAS, the City Council has determined it appropriate to adopt regulations that are
35 consistent with the FEMA Policy to allow issuance of permits for non -elevated wet floodproofed
36 accessory structures that are not larger than the sizes specified in the FEMA Policy; and
37
38 WHEREAS, the City Council determined that it is in the public interest to amend the
39 floodplain management regulations to better protect manufactured homes and to continue
40 participating in the Community Rating System at the current class rating.
41
42 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
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1 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
2 Cape Canaveral.
3
4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
5 ORDAINS, AS FOLLOWS:
6 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
7 this reference as legislative findings and the intent and purpose of the City Council of the City of
8 Cape Canaveral.
9
10 Section 2. Amending Chapter 90 Floods. The City of Cape Canaveral Code of
11 Ordinances, Chapter 90 Floods is hereby amended as set forth below (underlined (adding to Code) type indicates
12 additions and strikeout (Stricken from the Code) type indicates deletions, while *** indicate deletions from this Ordinance
13 of said Chapter 90 — Hoods that shall remain unchanged in the City Code):
14
15 CHAPTER 90 FLOODS
16
17 ***
18 ARTICLE II. — FLOODPLAIN MANAGEMENT
19
20 Sec. 90-35. Submission of additional data to establish flood hazard areas.
21 To establish flood hazard areas and base flood elevations, pursuant to part E of this division,
22 the floodplain administrator may require submission of additional data. Where field surveyed
23 topography prepared by a Florida licensed professional surveyor or digital topography accepted
24 by the city indicates that ground elevations:
25 (a) Are below the closest applicable base flood elevation, even in areas not delineated as a
26 special flood hazard area on a FIRM, the area shall be considered as flood hazard area
27 and subject to the requirements of this article (addig to Code) ordinance (Stricken from Code) and, as applicable, the
28 requirements of the Florida Building Code.
29 (b) Are above the closest applicable base flood elevation, the area shall be regulated as
30 special flood hazard area unless the applicant obtains a Letter of Map Change that
31 removes the area from the special flood hazard area.
32 ***
33 Sec. 90-70. Historic buildings.
34 A variance is authorized to be issued for the repair, improvement, or rehabilitation of a
35 historic building that is determined eligible for the exception to the flood resistant construction
36 requirements of the Florida Building Code, Existing Building, Chapter 44 (Stricken from Code) 12 (adding to Code) Historic Buildings,
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1 upon a determination that the proposed repair, improvement, or rehabilitation will not preclude
2 the building's continued designation as a historic building and the variance is the minimum
3 necessary to preserve the historic character and design of the building. If the proposed work
4 precludes the building's continued designation as a historic building, a variance shall not be
5 granted and the building and any repair, improvement, and rehabilitation shall be subject to the
6 requirements of the Florida Building Code.
7 ***
8 Sec. 90-77. Definitions.
9 Unless otherwise expressly stated, the following words and terms shall, for the purposes of
10 this article, have the meanings shown in this section. Where terms are not defined in this article
11 and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them
12 in that code. Where terms are not defined in this article or the Florida Building Code, such terms
13 shall have ordinarily accepted meanings such as the context implies.
14 Accessory structure. A structure on the same parcel of property as a principal structure and (adding to Code)
15 the use of which is limited to parking and storage incidental to the use of the principal structure.
16
***
17 Existing manufactured home park or subdivision. A manufactured home park or subdivision
18 for which the construction of facilities for servicing thc lots on which the manufactured homes are
19 to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and
20 either final site grading or the pouring of concrete pads) is completed before September 29,1972. (Stricken from the Code)
21 Expansion to an existing manufactured home park or subdivision. The preparation of
22 additional sites by the construction of facilities for servicing the lots on which the manufactured (Stricken from the Code)
23 homes are to be affixed (including the installation of utilities, the construction of streets, and either
24 final site grading or thc pouring of concrete pads).
25 ***
26 Historic structure. Any structure that is determined eligible for the exception to the flood
27 hazard area requirements of the Florida Building Code, Existing Building, Chapter 11 (Stricken from the Code) 12 (adding to the Code). Historic
28 Buildings.
29 ***
30 Market value. (Stricken from the Code) The price at which a property will change hands between a willing buyer and a
31 willing seller, neither party being under compulsion to buy or sell and both having reasonable
32 knowledge of relevant facts. As used in this article, the term refers to the market. (Stricken from the Code). The (adding to the Code) value of
33 buildings and structures, excluding the land and other improvements on the parcel. Market value
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1 may be established by a qualified independent appraiser, (Stricken from the Code) is the (adding to the Code) actual cash value (in -kind
2 replacement cost depreciated for age, wear and tear, neglect, (adding to the Code) and quality of construction),
3 determined by a qualified independent appraiser, (adding to the Code). or tax assessment value adjusted to
4 approximate market value by a factor provided by the property appraiser.
5 ***
6 New manufactured home park or subdivision. A manufactured home park or subdivision for
7 which the construction of facilities for servicing the lots on which thc manufactured homes are to
8 be affixed (including at a minimum, the installation of utilities, the construction of streets, and (Stricken from the Code)
9 either final site grading or the pouring of concrete pads) is completed on or after September 29,
10 1972.
11 Sec. 90-91. Elevation.
12 All manufactured homes that are placed, replaced, or substantially improved in flood hazard
13 areas shall be elevated such that the bottom of the frame is at or above the elevation required, as
14 applicable to the flood hazard area, in the Florida Building Code, Residential Section R3222.2 (Zone
15 A) or Section R322.3 (Zone V and Coastal A Zone). (adding to the Code) Manufactured homes that are placed, replaced,
16 or substantially improved shaIl comply with section 90-92 or 90-93 applicable. (Stricken from the Code)
17 .
18 Unless subject to the requirements of section 90-93, all manufactured homes that are placed,
19 replaced, or substantially improved on sites located: (a) outside of a manufactured home park or
20 subdivision; (b) in a new manufactured home park or subdivision (c) in an expansion to an existing
21 manufactured homc park or subdivision; or (d) in an existing manufacturcd homc park or (Stricken from the Code)
22 subdivision upon which a manufactured home has incurred "substantial damage" as thc result of
23 a flood, shall be elevated such that the bottom of the frame is at or above the elevation required,
24 as applicable to the folld hazard area, in the Florida Building Code, Residential Section R322.2
25 (Zone A) or Section R322.3 (Zone V).
26 Sec. 90-93. Elevation requirement for certain existing manufactured home parks and (Stricken from the Code)
27 subdivisions. (Stricken from the Code)
28 Manufactured homce that are not subjcct to section 90 92, including manufacturcd homes
29 that are placed, replaced, or substantially improved on sites located in an existing manufactured
30 home park or subdivision, unless on a site where substantial damage as result of flooding has
31 occurred, shall be elevated such that either the: (Stricken from the Code)
32 (a) Bottom of the frame of the manufactured home is at or above the elevation required,
33 as applicable to the flood hazard area, in the Florida Building Code, Residential Section
34 R322.2 (Zone A) or Section R322.3 (Zone V); or (Stricken from the Code)
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1 (b) Bottom of the frame is supported by reinforced piers or other foundation elements of (Stricken from the Code)
2 at least equivalent strength that are not Iess than 36 inches in height above grade
3 Sec. 90-94.90-92. Enclosures.
4 Enclosed areas below elevated manufactured homes shall comply with the requirements of
5 the Florida Building Code, Residential Section R322 for such enclosed areas, as applicable to the
6 flood hazard area.
7 Sec. 80-95. 90-93. Utility equipment.
8 Utility equipment that serves manufactured homes, including electric, heating, ventilation,
9 plumbing, and air conditioning equipment and other service facilities, shall comply with the
10 requirements of the Florida Building Code, Residential Section R322, as applicable to the flood
11 hazard area.
12 Sec. 90-94-90-95. Reserved.
13
***
14 Sec. 90-110. Non -elevated accessory structures. Accessory structures are permitted below
15 elevations required by the Florida Building Code provided the accessory structures are used only
16 for parking or storage and: (adding to the Code)
17 (a) If located in special flood hazard areas (Zone A/AE) other than coastal high hazard areas,
18 are one-story and not larger than 600 sq. ft. and have flood openings in accordance with
19 Section R322.2 of the Florida Building Code, Residential. (adding to the Code)
20 (b) If located in coastal high hazard areas (Zone V/VE), are not located below elevated
21 buildings and are not larger than 100 sq. ft. (adding to the Code)
22 (c) Are anchored to resist flotation, collapse or lateral movement resulting from flood loads. (adding to the Code)
23 (d) Have flood damage -resistant materials used below the base flood elevation plus one (1) (adding to the Code)
24 foot. (adding to the Code)
25 (e) Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated
26 to or above the base flood elevation plus one (1) foot. (adding to the Code)
27 ***
28 Section 3. Amending Chapter 82 Buildings and Building Regulations. The City of
29 Cape Canaveral Code of Ordinances, Chapter 82 Buildings and Building Regulations is hereby
30 amended as set forth below (underlined (adding to the Code) type indicates additions and Strikeout(Stricken from the Code) type indicates
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1 deletions, while *** indicate deletions from this Ordinance of said Chapter 82 - Buildings and
2 Building Regulations that shall remain unchanged in the City Code):
3
4 CHAPTER 82 - BUILDINGS AND BUILDING REGULATIONS
5 ***
6 Sec. 82-31. Florida Building Code adopted.
7 The Florida Building Code 2010 edition (Stricken from the Code), as may be amended from time to time, as published
8 by the Florida Building Commission, shall be known as the City of Cape Canaveral Building Code
9 and is hereby adopted by reference and incorporated herein as if fully set out.
10 ***
11 ARTICLE IV. COASTAL CONSTRUCTION CODE
12 Sec. 82-88. Structural requirements for major structures.
13 (a) Design and construction. Major structures, except for mobile homes, shall be designed and
14 constructed in accordance with chapter 16 and section 3109 (adding to the Code) of the building code adopted in
15 section 82-31 using 150 Vult (adding to the Code) a-three-second-gust-at 130 miles per hour. (Stricken from the Code). Major structures,
16 except mobile homes, shall also comply with the applicable standards for construction found
17 elsewhere in this code.
18 (b) Mobile homes. Mobile homes shall conform to the federal mobile home construction and
19 safety standards or the Uniform Standards Code ANSI A-119.1, pursuant to F.S. § 320.823, as
20 well as subsection (c) of this section.
21 (c) Elevation, floodproofing and siting. All major structures shall be designed, constructed and
22 located in compliance with (Stricken from the Code) chapter 16 and section 3109, as applicable, and chapter 90 of the
23 City Code (adding to the Code) the national flood insurance regulations as found in 44 CFR 59 and 60 or section
24 90 26 ct seq. pertaining to flood damagc prevention, whichever is more restrictive. (Stricken from the Code).
25 ***
26 ARTICLE VI. LOCAL AMENDMENTS TO FLORIDA BUILDING CODE, BUILDING
27 Sec. 82-146. Administrative amendments to Florida Building Code, Building (Stricken from the Code). Reserved. (adding to the Code)
28 Add a new Sec. 104.10.1 as follows: (Stricken from the Code).
29 704.70.7 Modifications of the strict application of the requirements of the Florida Building Code.
30 The Building Official shall coordinate with the Floodplain Administrator to review requests
31 submitted to the Building Official that seek approval to modify the strict application of the (Stricken from the Code)
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1 flood resistant construction requirements of the Florida Building Code to determine whether
2 such requests require the granting of a variance pursuant to Section 117. (Stricken from the Code)
3 Add a new Sec. 107.6.1 as follows: (Stricken from the Code).
4 107.6.1 Building permits issued on the basis of an affidavit. Pursuant to the requirements of
5 federal regulation for participation in the National Flood Insurance Program (11 C.F.R.
6 Sections 59 and 60), the authority granted to the Building Official to issue permits, to rely on
7 inspections, and to accept plans and construction documents on thc basis of affidavits and (Stricken from the Code)
8 plans submitted pursuant to Section 105.11 and Section 107.6, shall not extend to the flood
9 load and flood resistance construction requirements of the Florida Building Code.
10 Add a new Sec. 117 as follows: (Stricken from the Code)
11 117 VARIANCES IN FLOOD HAZARD ARE/IS
12 117.1 Flood hazard areas. Pursuant to section 553.73(5), Florida Statutes, the variance
13 procedures adopted in Article II of Chapter 90 of this Code shall apply to requests submitted
14 to the Building Official for variances to the provisions of Section 1612.1 of the Florida Building (Stricken from the Code)
15 Code, Building or, as applicable, the provisions of R322 of thc Florida Building Code,
16 Residential. This section shall not apply to Section 3109 of the Florida Building Code, Building.
17 Sec. 82-147. Technical amendments to Florida Building Code, Residential.
18 Modify a definition in Section 202 as follows:
19 SUBSTANTIAL IMPROVEMENT. Any combination of repair, reconstruction, rehabilitation,
20 addition or improvement of a building or structure taking place during a 10-year period, the
21 cumulative cost of which equals or exceeds 50 percent of the market value of the building or (adding to the Code).
22 structure before the improvement or repair is started. For each building or structure, the 10-
23 year period begins on the date of the first improvement or repair of building or structure
24 subsequent to April 9, 2002. If the structure has sustained (Stricken from the Code) . incurred (adding to the Code). "substantial damage", any
25 repairs are considered substantial improvement regardless of the actual repair performed.
26 The term does not, however, include either:
27 1. Any project for improvement of a building required to correct existing health, sanitary
28 or safety code violations identified by the building official and that are the minimum
29 necessary to assure safe living conditions.
30 2. Any alteration of a historic structure provided that the alteration will not preclude the
31 structure's continued designation as a historic structure.
32 Modify Sec. R322.2.1 as follows: (Stricken from the Code).
33 R322.2.1 Elevation requirements. (Stricken from the Code).
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1 1. Buildings and structures in flood hazard areas not designated as Coastal A Zones shall
2 have the lowest floors elevated to or above the base flood elevation plus 1 foot or the
3 design flood elevation, whichever is higher.
4 2. Buildings and structures in flood hazard areas designated as Coastal A Zones shall have
5 the lowest floors elevated to or above the base flood elevation plus 1 foot (305 mm), or
6 to the design flood elevation, whichever is higher.
7 3. In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest
8 floor (including basement) elevated at least as high above thc highest adjacent grade
9 as the depth number specified in feet on thc FIRM plus 1 foot, or at least 3 feet if a
10 depth number is not specified.
11 4. Basement floors that are below grade on all sides shall be elevated to or above the base
12 flood elevation plus 1 foot or the design flood elevation, whichever is higher.
13 Exception: Enclosed areas below the design flood elevation, including basements whose
14 floors are not below gradc on all sides, shall meet the requirements of Section R322.2.2.
15 Modify Scc. R322.3.2 as follows:
16 R322.3.2 Elevation requirements.
17 1. All buildings and structures erected within coastal high hazard areas shall be elevated {Stricken from the Code}
18 so that the lowest portion of all structural membcrs supporting the lowest floor, with
19 the exception of mat or raft foundations, piling, pile caps, columns, grade beams and
20 bracing, is:
21 1.1 Located at or above the base flood elevation plus 1 foot or the design flood
22 elevation, whichever is higher, if thc lowest horizontal structural member is
23 wave approach, where parallel shall mean less
24 than or equal to 20 degrees (0.35 rad) from thc direction of approach, or
25 1.2 Located at the base flood elevation plus 2 feet, or the design flood elevation,
26 whichever is higher, if thc lowest horizontal structural member is oriented
27 perpendicular to the direction of wave approach, where perpendicular shall mean
28 greater than 20 degrees (0.35 rad) from the direction of approach.
29 2. Basement floors that arc below grade on all sidcs arc prohibited.
30 3. The use of fill for structural support is prohibited.
31 4. Minor grading, and the placement of minor quantities of fill, shall be permitted for
32 landscaping and for drainage purposes under and around buildings and for support of
33 parking slabs, pool decks, patios and walkways.
34 Exception: Walls and partitions enclosing areas below the design flood cicvation shall meet
35 the requirements of Sections R322.3.4 and R322.3.5.
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1 Sec. 82-148. Technical amendments to Florida Building Code, Building., and Florida (adding to the Code)
2 Building Code, Existing Building. (adding to the Code)
3 Modify a definition in Section 1612.2. as follows:
4 SUBSTANTIAL IMPROVEMENT. Any combination of repair, reconstruction, rehabilitation,
5 addition or improvement of a building or structure taking place during a 10-year period, the
6 cumulative cost of which equals or exceeds 50 percent of the market value of the building or
7 structure before the improvement or repair is started. For each building or structure, the 10-
8 year period begins on the date of the first improvement or repair of building or structure
9 subsequent to April 9, 2002. If the structure has ustaincd incurred "substantial damage., any
10 repairs are considered substantial improvement regardless of the actual repair performed.
11 The term does not, however, include either:
12 1. Any project for improvement of a building required to correct existing health, sanitary
13 or safety code violations identified by the building official and that are the minimum
14 necessary to assure safe living conditions.
15 2. Any alteration of a historic structure provided that the alteration will not preclude the
16 structure's continued designation as a historic structure.
17 ***
18 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
19 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
20 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
21
22 Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the
23 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may
24 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
25 and like errors may be corrected and additions, alterations, and omissions, not affecting the
26 construction or meaning of this ordinance and the City Code may be freely made.
27
28 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
29 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
30 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
31 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
32 the validity of the remaining portions of this Ordinance.
33
34 Section 7. Effective Date. This Ordinance shall become effective immediately upon
35 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City
36 Charter.
37
38
39
City of Cape Canaveral
Ordinance No. 04-2023
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1 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 18th day
2 of April, 2023.
3 (Signature)
4 Wes Morrison, Mayor
5
6 ATTEST:
7
8
9 (Signature)
10 MIa Goforth, CMC
11 City Clerk
12 For Against
13 Kim Davis Motion
14 Mickie Kellum Absent
15 Wes Morrison X
16 Angela Raymond Second
17 Don Willis X
18
19
20 First Reading: March 21, 2023
21 Advertisement: April 6, 2023
22 Second Reading: April 18, 2023
23
24 Approved as to legal form and sufficiency
25 for the City of Cape Canaveral only by:
26
27
28 (Signature)
29 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 04-2023
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SEAL OF CAPE CANAVERAL, FLORIDA