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HomeMy WebLinkAboutOrdinance No. 25-1992ORDINANCE NO. 25 -92 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 624, "FLOOD DAMAGE PREVENTION ", SECTION 624.07 ENTITLED "DEFINITIONS" OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN AMENDED DEFINITION OF "SUBSTANTIAL IMPROVEMENT "; ADDING SECTION 624.26(K) TO "GENERAL STANDARDS "; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED, by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Section 624.07 entitled "Definitions" of the Code of Ordinances of the City of Cape Canaveral, Florida is hereby amended to read as follows: "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 Chapter its most reasonable application. "Addition (to an existing building)" - shall mean 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. "Appeal" - shall mean 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" - shall mean a designated AO or VO Zone on Cape Canaveral's Flood Insurance Rate Map (FIRM) with base flood depths from one (1) to three (3) 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" - shall mean the land in the floodplain within Cape Canaveral subject to a one percent (1 %) or greater chance of flooding in any given year. "Base Flood" - shall mean the flood having a one percent (1 %) chance of being equaled or exceeded in any given year. "Basement" - shall mean that portion of a building having its floor subgrade (below ground level) on all sides. "Breakaway Wall" - shall mean 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. City of Cape Canaveral, Florida Ordinance No. 25 -92 Page 2 "Building" - shall mean any structure built for support, shelter, or enclosure for any occupancy or storage. Coastal High - shall mean the area waters caused by, but not wash. The area is designated VE or V. "Coastal Hazard subject to high velocity limited to, hurricane wave on a FIRM as Zone V1 - 30, "Development" - shall mean 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 or equipment. "Elevated Building" - shall mean 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 or piers), shear walls, or breakaway walls. "Existing Construction" - shall mean any structure for which the "start of construction" commenced before the effective date of this Chapter. "Existing manufactured home park or subdivision" shall mean a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community before the effective date of this Chapter. "Expansion to an existing manufactured home park or subdivision" - shall mean the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). "Flood or Flooding" - shall mean 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. "Flood Hazard Boundary Map (FHBM)" - shall mean an official map of the City of Cape Canaveral, 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)" - shall mean an official map of the City of Cape Canaveral, 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. City of Cape Canaveral, Florida Ordinance No. 25 -92 Page 3 "Flood Insurance Study" - shall mean 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" - shall mean 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 (1) foot. "Floor" - shall mean 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" - shall mean 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, ship- building, ship repair, or seafood processing facilities. The term does not include long -term storage, manufacture, sales, or service facilities. "Highest Adjacent Grade" - shall mean the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a building. is "Historic Structure" - shall mean any structure that a. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; c. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or d. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: 1) By an approved state program as determined by the Secretary of the Interior, or 2) Directly by the Secretary of the Interior in states without approved programs. City of Cape Canaveral, Florida Ordinance No. 25 -92 Page 4 "Mangrove Stand" - shall mean 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) . "Manufactured Home" - shall mean a building, 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 buildings placed on a site for 180 consecutive days or longer and intended to be improved property. "Mean Sea Level" - shall mean 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 Chapter, the term is synonymous with National Geodetic Vertical Datum (NGVD). "National Geodetic Vertical Datum (NGVD) - shall mean, as corrected in 1929, a vertical control used as a reference for establishing varying elevations within the flood plain. "New Construction" - shall mean any structure for which the "start of construction: commenced after the effective date of this Chapter. The term also includes any subsequent improvements to such structure. is: "Recreational Vehicle" - shall mean a vehicle which a. built on a single chassis; b. 400 square feet or less when measured at the largest horizontal projections; c. designed to be self - propelled or permanently towable by a light duty truck; and d. designed primarily not for use as a permanent dwelling, but a temporary living quarters for recreational, camping, travel, or seasonal use. "Sand Dunes" - shall mean naturally occurring accumulations of sand in ridges or mounds landward of the beach. "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 shall mean 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 building (including manufactured home) on a site, such as the pouring of slabs or footings, installation of pipes, 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 City of Cape Canaveral, Florida Ordinance No. 25 -92 Page 5 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 building. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. "Structure" - shall mean 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 infrastructure. "Substantial Damage" - shall mean damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent (50%) of the market value of the structure before the damage occurred. "Substantial Improvement" - shall mean any combination of repairs, reconstruction, alteration, rehabilitation, addition, or other improvements to a building, taking place during a ten (10) year period, in which the cumulative cost equals or exceeds fifty (50 %) percent of the market value of the building. The market value of the building is the appraised or assessed value of the building, less the land prior to the start of the initial repair or improvement, or, in the case of damage, the value of the building prior to the damage occurring. This term includes structures which have incurred "substantial damage ", regardless of the actual repair work performed. 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 building. The term does not, however, include: (1) any project for improvement of a building required to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the Code Enforcement Official, which have been cause for issuance of a citation or condemnation, and which are solely the minimum necessary to assure safe living conditions; or (2) any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure ", and for which a variance has been granted pursuant to the ordinance. "Variance" - shall mean a grant of relief from the requirements of this Chapter which permits construction in a manner otherwise provided by this Chapter where specific enforcement would result in unnecessary hardships. City of Cape Canaveral, Florida Ordinance No. 25 -92 Page 6 SECTION 2. The Code of Ordinances of the City of Cape Canaveral is hereby amended to add subsection (K) to Section 624.26, General Standards: "K. Adequate drainage paths shall be provided around structures to guide shallow floodwaters or stormwater runoff around and away from them." SECTION 3. Conflict. All portions of the Code in conflict herewith are hereby repealed. SECTION 4. Savings Clause. If any provision, paragraph, word, section or article of this Ordinance is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and articles shall not be affected and shall continue in full force and effect. SECTION 5. Effective Date. This Ordinance shall take effect immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 5th day of January , 1993. alamone, MAYOR First Reading 12/15/92 Posted: 12/24/92 Advertised: 12/26/92 Second Reading; 1/5/93 140 t