HomeMy WebLinkAboutOrdinance No. 25-1990ORDINANCE NO. 25 -90
AN ORDINANCE OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA,
ESTABLISHING CHAPTER 668, FLOODPLAIN
PROTECTION, OF THE CODE OF ORDI-
NANCES; PROVIDING FOR SEVERABILITY;
REPEALING ALL PORTIONS OF THE CODE IN
CONFLICT HEREWITH; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED by the City of Cape Canaveral, Brevard
County, Florida as follows:
SECTION 1. Chapter 668, Floodplain Protection, of the Code
of Ordinances is hereby established as follows:
CHAPTER 668
FLOODPLAIN PROTECTION
Sec. 668.01 Statement of Purpose and Intent. It is
the purpose and intent of this Chapter to protect and
restore, where feasible, the natural functions of flood -
plains within the City of Cape Canaveral. It is also
the intent of this Chapter to apply the following
standards for development within all areas covered by
the one hundred -year floodplain.
Sec. 668.03 Definitions. For the purposes of this
Chapter, the following terms pertain and are defined as
follows:
Agricultural Pursuits: Activities related to culti-
vating the soil and producing crops.
Best Management Practices: Those practices as
developed and recommended by the U.S. Department of
Agriculture, Florida Department of Agriculture, or
other appropriate agencies.
Development means the carrying out of any building
or mining activity, the making of any material change
in the use or appearance of any structure or land, or
the dividing or land into two or more parcels.
A. The following activities shall be construed to
involve development: reconstruction, alteration of the
size, or material change in the external appearance of
a structure; change in land -use intensity, such as an
increase in the number of units in a structure or on
the land; alteration of a shore or bank of a seacoast,
river, stream, lake, pond, or canal; alteration of the
land or vegetation in a floodplain or flood prone area;
drilling, except to obtain soil samples, mining, or
excavation on land; demolition of a structure; clearing
of land; deposit of refuse, solid or liquid waste, of
fill on land.
B. The following activities shall not, be construed
to mean "development ": work by a highway or road agency
for the maintenance or improvement of a road, if the
Ordinance No. 25 -90
Page 1 of 4
work is carried out on land within the boundaries of
the right -of -way; work by any utility or other entity
engaged in the distribution or transmission of gas or
water, for the purposes of inspecting, repairing, renew-
ing, or constructing on established rights -of -way and
sewers, mains, pipes, cables, utility tunnels, power -
lines, towers, poles, or the like; maintenance,
renewal, improvement, or alteration of a structure if
the work affects only the interior, the color, or the
exterior decoration; the use of any residential
structure structure or land for any purpose customarily inciden-
tal to enjoyment of the dwelling unit; the use of any
land for the purpose of growing plants, crops, trees,
and other agricultural or forestry products; change in
use of land or structure from one use within a specific
class to another use within the same class as defined
in the Zoning Ordinance; a change in ownership or form
thereof for a structure or parcel; the creation or term-
ination of land rights.
C. "Development" includes all other development
customarily associated with it unless otherwise
specified. When appropriate to the context, develop-
ment refers to the act of developing or to the result
of development. Reference to particular activities is
not intended to limit the generality of the term
development.
Firm Maps: Flood Insurance Rate Maps published by
the Federal Emergency Management Agency (FEMA).
Floodplain: A flood prone area which may or may not
have a hydrological connection to the Banana River
Lagoon System. For purposes of this Chapter, a flood -
plain means any area within the 100 -year floodplain as
defined below:
Isolated Floodplain: Any floodplain area which
does not have a direct connection to open water.
One Hundred -Year Floodplain: The floodplain
that is at or below the 100 -year flood elevation.
The 100 -year floodplain has given a statistical
probability of one in 100 of being flooded in
any given year according to the best available
data.
Hazardous Materials: Any material defined, listed,
characterized or classified as a hazardous substance,
hazardous waste, or toxic substance according to any of
the following State or federal codes or regulations:
A. Chapter 38F -41 of the Florida Administrative
Code (the Florida Substance List).
B. Title 40 of the Code of Federal Regulations,
Part 261 (Identification and Listing of Hazardous
Wastes).
C. Title 40 of the Code of Federal Regulations,
Part 302.4 (Designation of Hazardous Substances).
D. Title 40 of the Code of Federal Regulations,
Part 355, Appendix A and B (List of Extremely Hazardous
Substances).
A hazardous material, as defined herein, includes any
solution, mixture, or formulation containing such
Ordinance No. 25 -90
Page 2 of 4
materials, and also includes any material which, due to
its chemical or physical characteristics, is determined
by the City Manager to pose a substantial threat to the
life, health, or safety of persons or property or to
the environment.
Forestry: The art of application and practice of
controlling the establishment, composition, and growth
of forests through sound management techniques, based
upon the owner's objectives.
Solid Wastes means sludge from a waste treatment
works, water supply treatment plant, or air pollution
control facility;' or garbage, rubbish, refuse, or
other discarded material, including solid, liquid, semi-
solid, or contained gaseous material resulting from
domestic, industrial, commercial, mining, agricultural,
or governmental operations.
Sec. 668.05 General Provisions. All site plans,
subdivision plats, and other development proposals
shall be reviewed by the City Building Official or his
designee to determine their impact upon floodplains.
The following regulations shall apply to development in
designated floodplains:
A. Uses usually permitted in floodplain areas:
1. Agricultural pursuits, including forestry
operations, utilizing Best Management Practices, and
agricultural structures which will not restrict the
flow of flood waters above the 100 -year floodplain
elevation; and
2. Recreation consistent with the requirements
of the floodplain; and
3. Fish and wildlife management; and
4. Open space.
B. Development within floodplains shall not have
adverse impacts upon adjoining properties.
C. All development within floodplains shall be
required to obtain a building permit unless it consists
solely of activities which are excluded from the
meaning of the term "development" as defined above.
D. Development requiring a building permit shall
not cause a net loss in the flood storage capacity of
the floodplain.
E. Floodplain elevations shall be determined
utilizing the best available data, which includes FIRM
maps and the Flood Insurance Studies for Brevard
County, Florida and Unincorporated Areas, April 3,
1989, prepared by FEMA.
Sec. 668.07 Development Regulations.
A. Density in all zones used in the floodplain
shall be consistant with the Zoning Regulations of Cape
Canaveral, Florida.
B. Development within 100 to 25 -year floodplain
shall not negatively impact other property or the
receiving surface water body quality.
Ordinance No. 25 -90
Page 3 of 4
Sec. 668.09 Prohibited Uses.
A. New dikes, levees or other structures shall not
be permitted within the 100 -year floodplain unless it
can be demonstrated that they will not restrict the
flow of 100 -year floodwaters. The only exceptions to
this provision are structures shown to have overriding
public benefit. Replacement or repair of non - breached
dikes are permitted as long as such replacement or
repair does not change the status of the floodplain and
maintains the existing ability to utilize the property.
B. Within the 100 -year floodplain, any proposed
expansion of commercial or industrial structures or
uses, including parking areas, shall be consistent with
existing ordinances of Cape Canaveral, FLorida.
C. The following specific uses are incompatible
with the floodplain and shall not be permitted:
1. Placing, depositing, or dumping of solid
wastes, including sludge, septage, scallop shells
and viscera.
2. Processing storing or disposal of hazardous
materials.
SECTION 2. SEVERABILITY: If any section, paragraph, subdi-
vision, clause, sentence, or provision of this Ordinance shall be
adjudged by a court of competent jurisdiction to be invalid, such
judgment shall not affect, impair, invalidate, or nullify the
remainder of this Ordinance, but the effect thereof shall be con-
fined to the section, paragraph, subdivision, clause, sentence,
or provision involved in said controversy in which such judgment
shall be rendered.
SECTION 3. All portions of the code in conflict herewith
are hereby repealed.
SECTION 4. This Ordinance shall take effect immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 8th day of November , 1990.
NAME
YES
NO
ARABIAN 40Spnt.
PORTER
X
RANDELS
X
SALAMONE
X
THURM Absent
First Reading 10 -16 -90
Posted: 10 -17 -90
Advertise& 10 -26 -90
Second Reading: 11 -08 -90
Ordinance No. 25 -90
Page 4 of 4