HomeMy WebLinkAboutOrdinance No. 10-2003 ORDINANCE NO. 10 -2003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA AMENDING THE CITY OF
CAPE CANAVERAL CODE OF ORDINANCES, RELATING
TO FLOOD DAMAGE PREVENTION BY AMENDING
CHAPTER 90, ARTICLE II OF THE CITY CODE;
PROVIDING FOR DEFINITION AND CLARIFICATION OF
BASE FLOOD ELEVATIONS; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR INCORPORATION INTO
THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law;
and
WHEREAS, the National Flood Insurance Act of 1968 established the National Flood
Insurance Program (NFIP), a pre- disaster flood mitigation and insurance protection program designed
to reduce the cost of disasters; and
WHEREAS, the NFIP is a voluntary program, it makes federally backed flood insurance
available to residents and business owners in communities that agree to adopt and adhere to sound
flood mitigation measures that guide development in its floodplains; and
WHEREAS, the Department of Community Affairs (DCA) for the State of Florida, serves
as the state coordinating agency for the NFIP, conducts coordination activities, and provides technical
assistance on pre and post- disaster flood mitigation related activities to participating communities;
and
WHEREAS, the City ofCape Canaveral, as a participating community, was recently assessed
by the DCA as to the effectiveness of its administration and enforcement of its floodplain management
regulations; and
WHEREAS, the DCA found a minor defficiency in the Cities Flood Damage Prevention
Ordinance and recommended the amendment contained herein; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
City of Cape Canaveral
Ce Ordinance No.: 10 -2003
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1
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida as follows:
Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated
herein by this reference.
Section 2. Code Amendment. The City of Cape Canaveral Code, Chapter 90, Article II,
entitled Flood Damage Prevention is hereby amended as follows: (underlined type indicates additions
and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance
of text existing in Chapter 90, Article II. It is intended that the text in Chapter 90, Article II denoted
by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing
prior to adoption of this Ordinance).
CHAPTER 90 - FLOODS
ARTICLE II. FLOOD DAMAGE PREVENTION
* **
Sec. 90-26. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section; except where the content indicates a different meaning:
* **
Lowest Floor means the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, used solely for parking ofvehicles, building access, or storage,
in an area other than a basement, 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 non - elevation design standards
of this Ordinance.
* **
Section 3. Notification to the Department of Community Affairs. The City Clerk is directed
to provide a certified copy of this Ordinance to State Assistance Office, c/o Joseph Johnson,
Department of Community Affairs, State of Florida, 255 Shumard Oak Boulevard, Tallahassee, FL
32399 -2100.
Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in
conflict herewith, are hereby repealed to the extent of the conflict.
City of Cape Canaveral
Ordinance No.: 10 -2003
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Section 5. Incorporation Into Code. This ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph number or letter and any heading may be changed
or modified as necessary to effectuate the foregoing.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this ordinance.
Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting
assembled on the 6th day of May, 2003.
�DL
ROCKY RANDEL , Mayor
ATTEST: For Against
Bob Hoog X
C
` Jim Morgan Motion
Buzz Petsos Second
SUSAN STILLS City Clerk Rocky Randels X
Richard Treverton X
Approved as to legal form and sufficiency for
the Cit Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
First Reading: 4/15/03
Second Reading: 4/26/03
Effective Date: 5/6/03
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City of Cape Canaveral
Ordinance No.: 10 -2003
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