HomeMy WebLinkAboutAgenda Packet 02-18-2014CITY COUNCIL MEETING
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This Meeting is open to the Public. If you would like to speak before the Cape Canaveral City
Council, please complete a Speaker Card and give it to the City Clerk/Recording Secretary or
other Official/Staff Member in the room. Speaker Cards are located adjacent to the Library Room
Entrance.,
A "reasonable opportunity to be heard" pursuant to Section 286.0114, Florida Statutes, need not
occur at the same meeting at which the "board or commission" (or City Council) takes official
action on an item. No City Council action will be taken on requests during Public Participation
unless determined by the Council to be an emergency. Any other requests for Council action may
be placed on the Agenda for a subsequent meeting.
1. Please proceed to the podium when your name is called by the Mayor, lyliayor Pro Tem or
Meeting Chair.
2. You will have 3 MINUTES to sDeak before the City Council.
3. Please direct your statements to the Mayor, Mayor Pro Tern or Meeting Chair.
1"LEASE'KET71 rELL PHONES AND OTHER DEVICES SMENT.
CAPE CANAVERAL CITY COUNCIL MEETING
Library Meeting Room
201 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
February 18, 2014
6:00 PM
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PUBLIC PARTICIPATION:
Any member of the public may address any items that do not appear on the agenda and any agenda item
that is listed on the agenda for final official action by the City Council excluding public hearing items which are
heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes,
informational items), and quasi - judicial or emergency items. Citizens will limit their comments to three (3)
minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The
Council may schedule items not on the agenda as regular items and act upon them in the future.
PRESENTATIONS / INTERVIEWS:
6:15 p.m. — 6:30 p.m.
Check presentation to the Brevard County Police Athletic League (PAL) from proceeds
of the 18th Annual Reindeer 5K Run/Walk.
Interview Applicant Alden J. Moe for appointment to the Cape Canaveral Library Board.
CONSENT AGENDA:
6:30 p.m. — 6:35 p.m.
1. Approve Minutes for Regular City Council Meeting of January 21, 2014.
2. Resolution No. 2014 -03; appointing a member to the Planning and Zoning Board
of the City of Cape Canaveral; providing for the repeal of prior inconsistent
resolutions; severability; and an effective date. (Craig Kittleson)
3. Resolution No. 2014 -04; appointing a member to the Library Board of the City of
Cape Canaveral; providing for the repeal of prior inconsistent resolutions;
severability; and an effective date. (Alden Moe)
PUBLIC HEARING:
6:35 p.m. — 6:50 p.m.
City of Cape Canaveral, Florida
City Council Meeting
February 18, 2014
Page 2 of 2
4. a. Ordinance No. 03 -2014; adopted in furtherance of the requirement set forth in
Section 2.12(5), Cape Canaveral Charter; authorizing the issuance of not
exceeding $5,500,000 Capital Improvement Revenue Note, Series 2014, of the
City to finance the cost of a City Hall, Fire Station, Refurbishment of a
Wastewater Treatment Plant and related Capital Improvements; providing for the
Series 2014 Note to be secured by the City's Public Service Tax, Half -Cent Sales
Tax, Guaranteed Entitlement, Communications Services Tax and certain
Franchise Fees; authorizing the City's Financing Team to proceed to develop
necessary documents; providing for the repeal of prior inconsistent ordinances or
parts of prior inconsistent ordinances in conflict herewith; providing for a
severability clause; providing an effective date, second reading.
b. Resolution No. 2014 -05; supplementing City Ordinance No. 03 -2014 enacted
on February 18, 2014 by accepting the proposal of Hancock Bank to purchase
the City's not to exceed $5,500,000 Capital Improvement Revenue Note, Series
2014; authorizing the execution and delivery of a Loan Agreement with said Bank
to secure the repayment of said Note; authorizing the proper officials of the City
to take any other action deemed necessary or advisable in connection with the
finalization and execution of the Loan Agreement, the Note, and the Security
therefor; authorizing the execution and delivery of documents in connection with
said Loan; designating the Note as "Bank Qualified "; providing for repeal or
supersession of prior inconsistent City resolutions or actions; providing for
severability and other matters in regard thereto; and providing an effective date.
5. Ordinance No. 04 -2014; repealing Articles II and III of Chapter 90 of the Cape
Canaveral Code of Ordinances relating to flood damage prevention and
floodplain protection; adopting a new Article II of Chapter 90 entitled "Floodplain
Management" amending Chapter 82, Buildings and Building Regulations to
create a new Article VI entitled "Local Amendments to the Florida Building Code"
adopting local amendments to the Florida Building Code to implement the
National Flood Insurance Program; providing for the repeal of prior, inconsistent
ordinances and resolutions; incorporation into the Code; severability; and an
effective date, second reading.
REPORTS:
6:50 p.m. — 7:00 p.m.
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made
by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such
purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into
evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the
physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office
(868 - 1220 x220 or x221) 48 hours in advance of the meeting.
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 2/18/2014
PRESENTATION / INTERVIEWS
Subject: Check presentation to the Brevard County Police Athletic League (PAL) from
proceeds of the 18th Annual Reindeer 5K Run/Walk.
Department: Leisure Services
Summary: The 18 1h Annual Reindeer 5K Run/Walk was held at Cherie Down Park on
Saturday, December 14, 2013. The purpose of the 5K (3.1 mile) Run/Walk is to raise
money for the Brevard County Police Athletic League. There were 458 participants in
this year's event. Activities included a kid's fun run, door prizes, a visit from Santa and
an awards presentation. $8,188.75 was raised for the Brevard County Police Athletic
League.
Submitting Department Director: Gustavo Ver ara Date: 2/5/2014
Attachment: Itemized costs spreadsheet.
Financial Impact: $8,188.75; Staff time to prepare agenda item.
Reviewed by Finance Director: John DeLeo Date:
The City Manager recommends that City Council, t e the following a tion:
Present check to the Brevard County PAL.`
Approved by City Manager: David L. Greene 014, Date: c
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
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City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 2/18/2014
Presentations /Interviews
Subject: Interview Applicant Alden J. Moe for appointment to the Cape Canaveral
Library Board.
Department: Leisure Services
Summary: On January 9, 2014, the Cape Canaveral Library Board interviewed Mr.
Alden Moe to fill a vacancy. Mr. Moe has been a Cape Canaveral resident for 20
months and a Florida resident for 12 years. He is retired, has served as Chair of Rollins
College Department of Education, Distinguished Professor and Dean of Lehigh
University's College of Education as well as many other collegiate level positions at
Louisiana State University, Purdue University, University of Minnesota and Clarke
College. He selected the Cape Canaveral Library Board as his number one preference
for service on advisory boards.
Based on his interview and obvious interest in the Cape Canaveral Library, the Board
recommends that he be appointed by the City Council.
Submitting Department Director: Gustavo Vergara Date: 2/5/2014
Attachments: Board Application and Leisure Services Memo to Council.
Financial Impact: Staff time to prepare item.
Reviewed by Finance Director: John Deleo Date:
The City Manager recommends that City Counc take the following action:
Interview Applicant Alden Moe.
Approved by City Manager: David L. Greene C9pg, Date:
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
CITT OF CAPE CANAVERAL
APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE
Pursuant to Section 2-171, Cape Canaveral Code
1 Applicant Name:
6. Business Address:
7. E-Mail:
B. ELIGIBILITY
The information provided in this section is for purposes of determining whether you are eligible to
serve on a City advisory board or committee.
1. Are you duly registered to vote in Brevard County? (Y) _�� (N)
2. Have you been a resident of the City of Cape
Canaveral for 12 months or longer? (y) L---,(N)
3a. Are you a Business owner: (Y) _ (N)
t.
RM1111TIN-Irm
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City ordinance requires that all persons applying for.2
0�. in numerical sequence (1 ::-- most interested), please rank which advisory board or committee
on which you wish to serve:
*Members of these boards are required to complete and file with the supervisor of Elections a
Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following
the initial appointment while still a member of said board.
_Wr
U t
D. STATE REPORTING REQUIREMENTS
Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of
State disclosing race, gender, and physical disabilities of board and committee members. Please
check the appropriate boxes:
RACE GENDER
African - American Male
Asian - American Female
Hispanic - American Not Known
_ Native- American
Caucasian DISABILITY
Not • disabled
YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF
PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE
BEST OF • KNOWLEDGE, i AND THE CITY OF ,
RELY ON • •
• i' M 1 • ' t •' • •
•
Please return to: City of Cape Canaveral
Office of the City Clerk
105 Polk Avenue
Cape Canaveral Florida 32920
ALDEN JOHN MOE
Home: 8914 Puerto Del Rio Dr. #201
Cape Canaveral, FL 32920
Home telephone: (321) 613 -5114
Cell: (610) 597-3221
PERSONAL DATA
Email: MoeAlde0ftellsouth.net
Bkdxb te: April 9, 1939
Birthplace: Crookston, Minnesota
Married to Elayne Ackerman Moe; one daughter, one son, one stepdaughter, & one stepson
EDUCATION
B.S. University of Minnesota, Minneapolis 1963
(Elementary Education/Mathematics)
M.A. Clarke College 1967
(Elementary Education/Reading)
Ph.D. University of Minnesota 1971
(Education/Fduc. Psy. dt Child Dev.)
PROFESSIONAL EXPERIENCE
Richard James Mertz Chair, Department of Education, Rollins College 2003-2009
Distinguished University Service Professor of Education, Lehigh University 1996 -2003
Professor and Dean, College of Education, Lehigh University 1988 -1996
Associate Dean for Academic Affairs, College of Education,
Louisiana State University 1985 -1988
Professor and Chairman, Department of Curriculum and Instruction,
Louisiana State University 1982 -1985
Chairman, Elementary Education, Purdue University 1975 -1982
Associate Professor of Education, Purdue University 1975 -1982
Assistant Professor of Education, Purdue University 1971 -1975
Instructor in Elementary Education, University of Minnesota, Minneapolis 19694971
Instructor in Education, Clarke College 1967 -1969
Classroom teacher, Minneapolis 8t St. Anthony Village Public Schools 1963 -1966
Alden Moe has been a teacher, professor, dept chair, and/or dean for over 40 years. He robred from Rollins
College in 2009, but continues to teach one course a year He recently completed teaching a course in the Rollins
Lifelong Learning Program titled " Children's Literatrme for Grandparents." He was formerly on the Board of
Directors of the International Reading Association and has served on state and local boards. He is the author,
coauthor, or editor of over 100 publications including ten books. He is also the senior author of the Keystones far
Reading Series, a series of instructional workbooks for grades 1— 6. Reading, writing, teaching, and public
service are a major part of his life.
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920
321- 868 -1226
Memo
To: Cape Canaveral City Council
From: Gustavo Vergara, Leisure Services Director
Through: Jenny Morrison, Library Director
Date: January 13, 2014
Re: Cape Canaveral Library Board Member Recommendation
On January 9, 2014, the Cape Canaveral Library Board interviewed a potential new
Board member, Alden Moe. By unanimous vote, the Board recommended that City
Council appoint him to the Board.
CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
January 21, 2014
6:00 PM
MINUTES
CALL TO ORDER: Mayor Pro Tern Petsos, serving as the Chair,,, CaNd' the Meeting to
Order at 6:03 P.M. and led the pledge of allegiance.
ROLL CALL:
Council Members Present:
=1=
A
,
•
1 11
Mayor Pro Tern
W
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zm
PUBLIC PARTICIPATION: None
PRESENTATIONS / INTERVIEWS:
Wm= WOW
ME
City Council Regular Meeting
January 21, 2014
Page 2 of 7
Gail Cordial with the Zonta Club of Melbourne explained the mission of the Club to
educate the community about Human Trafficking. Mayor Pro Tern Petsos read the
Proclamation into the record and presented same to Ms. Cordial.
CONSENT AGENDA:
Mayor Pro Tem Petsos inquired if any items are to be removed from the Consent Agenda
for discussion. No items were removed; however, Council Member Hoog noted a
correction was needed to the minutes to reflect his recusall, "for,,, Ordinance 16-2013.
Consensus was reached to make the amendment.
if
• M M01 IN, •
Dim [Ojai ISMIN-1w WE
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HiVISH,
effective date:
• ution o6ime:
5.
A point VO4 De de to th pace Coast Transportation 124,
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A motion ,was,, made by Council Member Walsh, seconded by Council Member
Bond, to' approve the Consent Agenda. The motion carried 4-0 with voting as
follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tern
Pets'os', For; Mayor Ran'dels, Absent; and Council Member Walsh, For.
City Council Regular - •
January 21, 2014
Page of
reading. The Public Hearing was opened. No comments were received and the Public
Hearing was closed. A motion was made by Council Member Hoog, seconded by
Council Member Walsh, to approve Ordinance No. 12 -2013. The motion carried 4-
0 with voting as follows: Council Member Bond, For; Council Member Hoog, For;
Mayor Pro Tern Petsos, For; Mayor Randels, Absent; and Council Member Walsh,
For.
7. a. Ordinance No. 16 -2013: related to the
SPeciric_a ry moairying urainance svo. us -zuuo io amena the rem, ae ons or me rezoning
„
imposed therein on certain real property totaling "r' 1.2 acr more or less generally
located along the north side of Shorewood Drive at the sojA corner of Jetty Park in
Cape Canaveral to authorize a buildin fling sub'ect to the terms
and conditions of the Cape Caribe Second Modifti6c to th�ding Developer's
Aareement aDproved by the Citv Council and Cai+ ra�be. Inc. in c6 l nction with this
severability; and an effective date, second '''inn �#orney Garga '� read the
Ordinance Title into the record and provided ai ex� nation of same:' The Public
Hearing was opened. No comments were receive '"'the Public Hearing was closed.
Council Member Hoog recused hirself from this irh A motion was made by
Council Member Bond, second�� Council er Walsh, to approve
Ordinance 16 -2013. The motion Col 'I 71j with void /1 as follows: Council
Member Bond, For; Council Member/; /oog, � ed Mor Pro Tern Petsos, For;
Mayor Randels, Absent; and Council IV�om
b. Approve Send M' fication to Bfrndina Developer's Aareement between Cit
of Cape Canaveral// Ai Ca a t vibe Inc. an ; authorize execution of same: A motion
was made by Coune1 em , r Bond, sec ded by Council Member Walsh, to
approve the second °'��i�''�f to ending Developer's Agreement and
r� %� % /ii . / / /i� /ii iii...
execution, The P�r15hc Hearin des opened. No comments were received and
the Pub Hearn �, %N closed., The motion carried 3 -0 with voting as follows:
Court j /Member Bo�i�,For, `Ctn it Member Hoog, Recused; Mayor Pro Tern
Petsos,% M
r, ayor Rarts, Absent; and Council Member Walsh, For.
8. Ordure`:' No. 17 -2/1 3; adopting a new Cha ter 92 of the Cape Canaveral Code
of Ordinances' /'' , led "Fe/, ilizer Land Application"; regulating ollutant runoff and the
aDDlication of fe& rs,a 'reauired by law: Drovidina for DurDOse and intent: definitions:
109W1 7F-77 • •
City Council Regular Meeting
January 21, 2014
Page 4 of 7
in favor of the Ordinance; he explained conversations with individuals in Pinellas County
who report there were no problems implementing a similar Ordinance and spoke of a
study which showed a 28% reduction in nutrient content with 50% compliance. John
Ide spoke in favor of the Ordinance and thanked the City Council for recognizing the
problem and taking action. Bill Morris commended City Staff and Council for their
actions and encouraged a larger barrier around construction sites to reduce
construction runoff. Mary Sphar, speaking on behalf of the Sierra Club, advocated for
the Ordinance; she provided a handout which shows the actions, of other municipalities
in Brevard County and explained the BeFloridian.org progf,"airn, " which could be a
supplemental education program to the "My Brevard Yard he Public Hearing was
/�p,
ral Canal needs to be
closed. Council discussion of the item included: whet N
considered, many phone calls in support of the i the need for other
municipalities to work to reduce septic tanks, the! of the Ordinance,
and the work the City has done/is doing to Cie u p "t, i s r 0"If the Central
'rom
Ditch. A motion was made by Council tuber Hoog, second by Council
Member Walsh to adopt Ordinance No. 174, 01,T, May(*Pro Tern Pets couraged
1/1"UNIR
-represents improvements in
Council Member Bond to view the statistical d 3' 'hi Vf ts im,
water quality. The motion carried 4-0 with vo as follows: Council Member
Bond, For; Council Member Ho For; a o Tern Petsos, For; Mayor
Randels, Absent; and Council Mer,31II/Al alsh, For.
9. Ordinance No. 01-2014- amendinq C 102, "etation, of the Code of
Ordinances related to the City's Tree BAk ap/d'Lg/,/of Desirable and Undesirable
Species; providing for/s/ftid/ peal of pri' consisf ordinances and resolutions;
incorporation into th#/ 06d'9Neverabilitv,/k%/,,and an effective date, second reading:
Attorney Gargane, d the durance Titl , _,into the record. Mayor Pro Tern Petsos
noted a change to th of in save species �.,10EI/tity Manager David Greene advocated
for passage of the rdirl K,/,/" qrpotbs activities and advances environmental
Q
initiatives _77/,,'Aj d for education of citizens to ensure they are
p m b e adv''
aware of What is d to oved, to which City Manager Greene indicated the
education campaign fors he Fern Ordinance and this Ordinance will be combined.
The ''P `611
u �, ,Hearin was r�ened r, o comments were received and the Public Hearing
was closd`df ,/,pA
m o U n wad made by Council Member Bond, seconded by Council
Member Hdo®r Ordinance No. 01-2014 as written. The motion carried
I)i-/,,�,,,'/, o a ro
!4,
4-0 with votih folio s: Council Member Bond, For; Council Member Hoog,
For; Mayor Pro sos, For; Mayor Randels, Absent; and Council Member
Walsh, For.
M MOMS 9 . 111
LO L";
an effective date, second reading: Attorney Garganese read the Ordinance Title into
the record. The Public Hearing was opened. No comments were received and the
Public Hearing was closed. A motion was made by Council Member Walsh,
City Council Regular Meeting
January 21, 2014
Page 5 of 7
seconded by Council Member Bond, to approve Ordinance No. 02-2014. The
motion carried 4-0 with voting as follows: Council Member Bond, For; Council
Member Hoog, For; Mayor Pro Tern Petsos, For; Mayor Randels, Absent; and
Council Member Walsh, For.
11. Ordinance No. 03-2014: adopted in furtherance of the requirement set forth in
Section 2.12(5), Cape Canaveral Charter;authorizinq the issuance of not exceeding
cost of a Citv Hall. Fire Station. Refurbishment of a Wastew eatment Plant and
Citv's Public Service Tax. Half Cent Sales Tax. GuararM"' ntitlement and certain
97. M1217M-2
documents: providing for the repeal of prior inconsistebt, ordindie" or Darts Of prior
inconsistent ordinances in conflict herewith, providif r fc r a severabilftfllti�ause; providing
011
an effective date, first reading: Attorney Gargq wese read the amen manse ce Title
into the record, provided an explanation of tv///14parter rb/ rdinance,
,quirement for
the actions that will be taken by the City Man"" iflthb'�Ordinance p ses on first
g/,
reading and the return of additional documents acc&'2/-/", nying the second reading. City
Manager David Greene explained th,, Process;
RFP financing will allow the City to
es, the closing/ownership of
retain the reserves previously establi a or these pur
01, r R,
..............
bon dollars and the City
110 Polk Avenue, the new City Hall is II to cost 3.
will continue the campus approach vi6 % cussed,' the ongoing community
conversations about the need for these "w i reduced construction costs;
the unknowns are wh!�/�,/J'",,�///////
_Florida Legi re will o reduce the City's ability to
I
receive revenue and/0"if pas i S f u n d ed mc-i dates- the" City being in a strong financial
7
position and the p
ility of �,,designating' serves as may be needed in the future;
2,000 in t charges if the 10 year financing is
selected; the need to the savings of appro" tr,1,1111 tely
r to select the bank which has the best
g4/w K
,�,, / 4immon/4"
enalt! no Ad Valorem taxes are pledged and the
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proposal w g R/
R
R/
costs as, ociatec g/ he f 6 W?, ing are very low. Jeff Larson, Financial Advisor,
explcj,o/'' the RFP proq, the
", 40 further review the responses from the 10 banks
s
PrIur lu -tv L"!J�
reduilly, IIXUU fOtuzs lur IU, ID UIIU zu yearti, Ille 1UWtn5L raw reuulveu
for a 10 V'�,qjoan is 2.03% the request for Staff to make a tentative award to a bank,
, I/
77
which autha"A/6"Is the dev4cpment of documents and items are subject to approval at
ANIF
u n c i I
second rea in 2 `7 g
""brnments included: the desire to finance for 10 years; the
A/01,
savings of moneyje North Atlantic Streetscape Project, commending Staff and
Financial Consultan or work done to receive the great rates; that taxes will not be
raised to pay for thi uilding and now is the time to take this offer. The Public Hearing
was opened. Leo Nicholas urged for passage of the Ordinance noting the low interest
rates and construction costs. He questioned whether the State Revolving Loan Fund is
still available for these types of expenses. City Manager Greene indicated the City is
using SRF for improvements in Wastewater and Stormwater. Leo Nicholas expressed
that the conservative actions of prior City Council Members have come to benefit the
City with no debt and a healthy reserve balance. City Manager Greene noted the
actions of Staff Members to bring the RFP to fruition. The Public Hearing was closed.
!-W!q,U#MM V 1 • •.
City Council Regular Meeting
January 21, 2014
ag
closed. City Manager Greene restated the actions that will be taken by the Financing
Committee to ready documents for Council approval at second reading of the
Ordinance, to which Council agreed. A motion was made by Council Member Hoog,
seconded by Council Member Walsh, to approve Ordinance No. 03 -2014. The
motion carried 4 -0 with voting as follows: Council Member Bond, For; Council
Member Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, Absent; and
Council Member Walsh, For.
• • r.r - ►• 1I 1
Canaveral Code of Ordinances relating to flood dams /A revention and flood lain
protection: adoatina a new Article II of Chanter 90 entitfif oodulain Manaaement„
entitled `Local Amendments to the Florida Buildina C rdeY�' ,adoatin� al amendments to
orovidina for the repeal of prior, inconsistent o(dinances and resol uti6i&J ncoraoration
into the t;oae: severaonity; ana an effective °a to first r aa�mcl: Httorm M�//'�s arganese
read the Ordinance Title into the record and pig ed � f lexplanation o me. City
Manager Greene explained the Ordinance change bunt to "housekeeping" to allow
the City to remain in compliance with the National Flood nsurance Program (NFIP). It
'wave proven b Icial to the City, other cities
was noted the updates to the Flood r ���� p �1�,
are adopting similar ordinances and t ifo, ements in testy s ISO Ratings. The
Public Hearin was opened. No comments ���� "" e he Public Hearing was
closed. A motion was made by Couoc�l e end seconded b Council
Member Hoog, to a %' , y
g p rdinancei: 4 -2014 written. The motion carried
1 �Woi °�,
4 -0 with voting asyflow r���ouncil Member Bond, For; Council Member Hoog,
For; May Pro �etsos % or; Mayor l andels, Absent; and Council Member
Walsh, For.
Avenue- jppmplete.
Council MeffiW Walsh i ` `cated the Beach Renourishment project is going well and
expressed app€ n fohe recent use of the beach rake.
Council Member Bod "congratulated Council Member Walsh for her appointment as
City Council Regular Meeting
January 21, 2014
Page 7 of 7
INIZ r roll, arx—. •
ITA
ADJOURNMENT:
•
Angela M. Apperson, IVIIVIC,
Lmmmr* =
NAM OF POLITICA UBDIVISION:
DATE ON WHICH VOTE OCCURRED
MY POSITION IS: 0-erECTIVE APPOINTIVE
WHO MUST FILE FORM 8B
R, -11 11 NwN uk� 01 1 1
conflict of interest under Section 112.3143, Florida Statutes.
..........
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
/ DISCLOSURE OF LOCAL OFFICER'S INTEREST
hereby disclose that on 20:
(a) A measure came or will come before my agency which (check one)
❑ inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of
whom I am retained; or
inured to the special gain or loss of
by
which
-X is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
%
tj A jcJ v r' l ,rZ r''f /;- TTY -4
Date
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 813 - EFF. 112000 PAGE 2
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 02/18/2014
Item No.
Subject: Resolution No. 2014 -03; appointing a member to the Planning and Zoning
Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent
resolutions; severability; and an effective date. (Craig Kittleson)
Department: Community and Economic Development
Summary: The City Council interviewed Planning and Zoning Board Applicants Mark
Buddenhagen and Craig Kittleson at the December 17, 2013 Regular City Council
Meeting. After having chosen Mr. Buddenhagen to serve as the new Board Member,
the Council adopted Resolution No. 2014 -01 appointing him to the Board at the January
21, 2014 Regular City Council Meeting.
On January 27, 2014, Mr. Buddenhagen submitted a letter to Mayor and Council
declining the appointment (please see the attached).
Mr. Kittleson was contacted, and he expressed his desire to serve on the Planning and
Zoning Board. It is now incumbent upon the Council to adopt Resolution No. 2014 -03
appointing him to the Board. Mr. Kittleson will serve until September 15, 2014,
completing the term of former Board Member Donald Dunn.
Submitting / Department Director: Todd Morley Date: 02 -05 -2014
Attachments: Letter from Mr. Buddenhagen and Resolution No. 2014 -03
Financial Impact: Staff time to prepare item.
Reviewed b Finance Director: John DeLeo Date: °° _. f
The City Manager recommends that City Council to a the following action:
Adopt Resolution No. 2014 -03.
Approved by City Manager: David L. Greene '° Date:
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
January 27, 2014
City of Cape Canaveral
Mayor and Council
105 Polk Avenue
Cape Canaveral, FL 32920
Re: Planning and Zoning Board Appointment
Dear Mayor and Council,
I want to express my appreciation to you for my recent appointment to the Planning and Zoning
Board. However, due to unforeseen circumstances, I must decline this appointment as of today,
Monday, January 27, 2014.
Sincerely,
A"i
Mark Buddenhagen
cc: The Planning and Zoning Board
Todd Morley, Community and Economic Development Department
Susan Chapman, Administrative Assistant /Board Secretary
RESOLUTION 2014 -03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A
MEMBER TO THE PLANNING AND ZONING BOARD OF THE CITY
OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code
Section 110 -3 established a Board known as the Planning and Zoning Board; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
appoint a Member to said Board.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
incorporated herein by this reference as a material part of this Resolution.
Section 2. Appointment to Planning and Zoning Board pursuant to Section 2- 171(e) of
the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby appoints
the following individual to the Cape Canaveral Board indicated below:
Craig Kittleson shall be appointed to the Planning and Zoning Board, to serve until
September 15, 2014.
Following completion of their initial term, the appointee shall be eligible for reappointment to the
Planning and Zoning Board for an additional term consistent with the limitations set forth in section
2- 171(f), City Code.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portion hereto.
Section 5. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
(Adoption page follows)
City of Cape Canaveral
Resolution No. 2014 -03
Page 1 of 2
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral,
Florida, assembled this 18th day of February, 2014.
Buzz Petsos
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No. 2014-03
Page 2 of 2
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 2/18/2014
Item No. 3
Subject: Resolution No. 2014 -04; appointing a member to the Library Board of the City
of Cape Canaveral; providing for the repeal of prior inconsistent resolutions;
severability; and an effective date. (Alden Moe)
Department: Administrative Services
Summary: On January 9, 2014, the Library Board interviewed six Applicants to fill the
remaining vacancy. By unanimous vote, the Board recommended City Council appoint
Alden Moe.
After having conducted an interview at tonight's meeting of the Applicant, it is now
incumbent upon the City Council to appoint him to the Library Board with a term to
expire on October 1, 2017.
Submitting Department Director: Angela Apperson Date: 2/5/2014
Attachment: Resolution No. 2014 -04.
Financial Impact: Staff time to prepare appropriate paperwork.
Reviewed by Finance Director: John DeLeo Date:
The City Manager recommends that City Coun641 take the following action:
Adopt Resolution No. 2014 -04.
Approved by City Manager: David L. Greene Date:
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
RESOLUTION 2014 -04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A
MEMBER TO THE LIBRARY BOARD OF THE CITY OF CAPE
CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida has by City Code
of Ordinances Section 46 -26 created the Library Board; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
appoint a Member to said Board.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
incorporated herein by this reference as a material part of this Resolution.
Section 2. Appointment to the Library Board pursuant to Section 2- 171(e) of the Cape
Canaveral City Code, the City Council of the City of Cape Canaveral hereby appoints the
following individual to the Cape Canaveral Board indicated below:
Alden Moe shall be appointed to the Library Board for a term of three (3) years.
Following completion of the initial term, the appointee shall be eligible for reappointment to the
Library Board for an additional term consistent with the limitations set forth in section 2- 171(f), City
Code.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portion hereto.
Section 5. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
(Adoption page follows)
City of Cape Canaveral
Resolution No. 2014 -04
Page 1 of 2
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral,
Florida, assembled this 18th day of February, 2014.
ATTEST: Name FOR AGAINST
John Bond
Angela Apperson, MMC Bob Hoog
City Clerk
Buzz Petsos
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No. 2014 -04
Page 2 of 2
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 2/18/2014
Item No. lleL "
Subject: Ordinance No. 03 -2014; adopted in furtherance of the requirement set forth in
Section 2.12(5), Cape Canaveral Charter; authorizing the issuance of not exceeding
$5,500,000 Capital Improvement Revenue Note, Series 2014, of the City to finance the
cost of a City Hall, Fire Station, Refurbishment of a Wastewater Treatment Plant and
related Capital Improvements, providing for the Series 2014 Note to be secured by the
City's Public Service Tax, Half -Cent Sales Tax, Guaranteed Entitlement,
Communications Services Tax and certain Franchise Fees; authorizing the City's
Financing Team to proceed to develop necessary documents; providing for the repeal of
prior inconsistent ordinances or parts of prior inconsistent ordinances in conflict
herewith; providing for a severability clause; providing an effective date, second
reading.
Department: Administrative Services
Summary: The Ordinance authorizes the Finance Team, under the direction of the City
Manager, to approve and take such action, and execute such documents on behalf of
the City, deemed reasonably necessary to effectuate the loan closing authorized by this
Ordinance. In addition, to the extent required by the lending institution and deemed
advisable by the Finance Team, the Mayor is hereby authorized to execute loan
documents on behalf of the City.
Ordinance No. 03 -2014 was approved at first reading on January 21, 2014. The City
Council at the January 21, 2014 meeting approved the Finance Team to proceed
forward with Hancock Bank which submitted the most responsive overall bid in the
City's best interest. Moving forward the Finance team negotiated a further reduction in
the Council- supported 10 year loan with an interest rate from 2.03% to 1.99 %.
The Finance Team and the selected lender have prepared loan documents in
anticipation of the final award by City Council on February 18th, second reading. The
closing has been tentatively set for February 26, 2014.
This Capital Improvement Revenue Note, Series 2014 will be fully supported by pledged
revenues from Public Service Tax, Half -Cent Sales Tax; Guaranteed Entitlement,
Communications Services Tax and Franchise Fees and are not now pledged in any
manner. The City will never be required to levy ad valorem taxes on any property to pay
the principal and interest on the Series 2014 Note. The pledged revenues provide
coverage of 6.19X based on projected maximum annual debt service of $612,124.
The Notice of Public Hearing was advertised in Florida Today on January 30, 2014 and
allows Council to act on this Ordinance...
Submitting Department Director: John DeLeo Date: 2/11/14
Attachments: #1 - Ordinance No. 03 -2014.
The City Manager recommends that City Council take the following action:
(_Adopt Ordinance No. 03 -2014, second reading.
11 A
City Council Meteting Date: 2/18/2014
Item No.
Page 2 of 2
Citv Manaqer: David L. Greene (9"I� Date:
City Council Action: Approved as Recommended Disapproved
Approved with Modifications
Tabled to Time Certain
Attachment 1
ORDINANCE NO. 03-2014
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, ADOPTED IN FURTHERANCE OF THE
REQUIREMENT SET FORTH IN SECTION 2.12(5), CAPE CANAVERAL
CHARTER; AUTHORIZING THE ISSUANCE OF NOT EXCEEDING
$5,500,000 CAPITAL IMPROVEMENT REVENUE NOTE, SERIES 2014,
OF THE CITY TO FINANCE THE COST OF A CITY HALL, FIRE
STATION, REFURBISHMENT OF A WASTEWATER TREATMENT
PLANT AND RELATED CAPITAL IMPROVEMENTS; PROVIDING
FOR THE SERIES 2014 NOTE TO BE SECURED BY THE CITY'S
PUBLIC SERVICE TAX, HALF -CENT SALES TAX, GUARANTEED
ENTITLEMENT, COMMUNICATIONS SERVICES TAX AND CERTAIN
FRANCHISE FEES; AUTHORIZING THE CITY'S FINANCING TEAM
TO PROCEED TO DEVELOP NECESSARY DOCUMENTS; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES OR
PARTS OF PRIOR INCONSISTENT ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, as follows:
SECTION 1. Authority for this Ordinance.
This Ordinance is enacted pursuant to the provisions of Chapter 166, Part II, Florida
Statutes, Section 2.12(5) of the City Charter, City of Cape Canaveral, Florida (the "City ") and
other applicable provisions of law (the "Act ").
SECTION 2. Findings.
It is hereby ascertained, determined and declared that:
(A) The City (i) pursuant to Section 166.231, Florida Statutes and certain ordinances,
levies a tax on the purchase of certain utility services provided within the jurisdictional limits of
the City (the "Public Service Tax "); (ii) pursuant to the provisions of Chapter 218, Part VI,
Florida Statutes, receives a distribution from the Local Government Half -Cent Sales Tax
Clearing Trust Fund (the "Half -Cent Sales Tax ") (iii) in accordance with the provisions of
Chapter 218, Part II, Florida Statutes, receives funds from the Revenue Sharing Trust Fund for
City of Cape Canaveral, Florida
Ordinance No. 03 -2014
Page 2
Municipalities, a portion of which distribution is the "guaranteed entitlement" as defined in
Section 218.21, Florida Statutes (the "Guaranteed Entitlement "); (iv) pursuant to the
authorization set forth in Chapter 202, Florida Statues, the City receives the Communications
Services Tax (the "Communications Services Tax ") and (v) receives fees as a result of granting
various entities permission to provide within the City electric and directly electric - related
services, and a natural gas distribution system (collectively, the "Franchise Fees "). Such Public
Service Tax, Half -Cent Sales Tax, Guaranteed Entitlement, Communications Services Tax and
Franchise Fees are not now pledged in any manner.
(B) The City is without currently available funds to pay for all of the costs of
acquiring and constructing a City Hall and a Fire Station and related capital improvements and
rebuilding the main wastewater treatment plant building and related improvements (the
"Project "), and therefore proposes to pay a portion of such costs thereof from the proceeds of its
not exceeding $5,500,000 Capital Improvement Revenue Note, Series 2014 (the "Series 2014
Note ") to be issued by the City.
(C) The principal of, premium, if any, and interest on the Series 2014 Note and all
required sinking fund, reserves and other payments will be payable solely from (i) the Public
Service Tax, the Half -Cent Sales Tax, the Guaranteed Entitlement, the Communications Services
Tax and the Franchise Fees and (ii) until applied in accordance with the provisions of a
supplemental resolution (the "Resolution ") of the City adopted prior to the delivery of the Series
2014 Note, all moneys, including investments thereof, on deposit in or credited to certain funds
and accounts established under the Resolution (collectively with (i) above, the "Pledged
Revenues ") and the City will never be required to levy ad valorem taxes on any property therein
City of Cape Canaveral, Florida
Ordinance No. 03 -2014
Page 3
to pay the principal of and interest on the Series 2014 Note or to make any other payments
provided for herein or in the Resolution, and the Series 2014 Note will not constitute a lien upon
any properties owned by the City or located within the boundaries of the City, but will be
payable solely from the Pledged Revenues in the manner provided in this Ordinance and in the
Resolution supplemental hereto.
(D) It is necessary and desirable to confirm the professionals who will continue to
assist the City in the proceedings necessary for the authorization, sale, and issuance of the Series
2014 Note and investment of proceeds of the Series 2014 Note.
SECTION 3. Authorization of Series 2014 Note and Acquisition and Construction
of Project.
The issuance by the City of its not exceeding $5,500,000 Capital Improvement Revenue
Note, Series 2014 for the purpose of paying costs of acquiring and constructing the Project and
the cost of issuance for the "Series 2014 Note" is hereby authorized. The Series 2014 Note shall
be dated, shall bear interest at a rate or rates not exceeding the maximum legal rate per annum,
shall mature, shall be subject to redemption, shall be secured solely by a lien upon and pledge of
the Pledged Revenues, and shall have such other characteristics as shall be provided by the
Resolution. Any Note(s) required by the lender shall be in form approved by the City Manager in
consultation with the Finance Team consistent with the terms and conditions of this Ordinance.
SECTION 4. Designation of Finance Team and Approval of Terms of Engagement.
The Finance Team with respect to the Series 2014 Note shall consist o£ Larson
Consulting Services, LLC, as Financial Advisor to the City, Akerman LLP as Bond Counsel,
Brown, Garganese, Weiss & D'Agresta, PA as City Attorney, the City Manager, the Finance
City of Cape Canaveral, Florida
Ordinance No. 03 -2014
Page 4
Director, and the City Clerk (the "Finance Team "). Under the direction of the City Manager, the
Finance Team is hereby approved and shall take such action, and execute such documents on
behalf of the City, deemed reasonably necessary to effectuate the loan closing authorized by this
Ordinance. In addition, to the extent required by the lending institution and deemed advisable by
the Finance Team, the Mayor is hereby authorized to execute loan documents on behalf of the
City.
SECTION 5. Conflicting Prior Inconsistent Ordinances.
All prior inconsistent ordinances or parts of prior inconsistent ordinances in conflict
herewith are hereby repealed and all prior inconsistent ordinances or parts of prior inconsistent
ordinances not in conflict herewith are hereby continued in full force and effect.
SECTION 6. Severability.
If any portion, clause, phrase, sentence or classification of this ordinance is held or
declared to be either unconstitutional, invalid, inapplicable, inoperative or void, then such
declaration shall not be construed to affect other portions of this ordinance; it is hereby declared
to be the express opinion of the City Council of the City of Cape Canaveral that any such
unconstitutional, invalid, inapplicable, inoperative or void portion or portions of this ordinance
did not induce its passage, and that without the inclusion of any such portion or portions of this
ordinance, the City Council would have enacted the valid constitutional portions thereof.
[Remainder of Page Intentionally Left Blank]
City of Cape Canaveral, Florida
Ordinance No. 03 -2014
Page 5
SECTION 7. The provisions within this Ordinance shall take effect immediately
upon the adoption date.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 18th day of
February, 2014.
Rocky Randels, Mayor
ATTEST
Angela Apperson, City Clerk
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
First Reading: January 21, 2014
Legal Ad published: January 30, 2014
Second Reading: February 18, 2014
Approved as to legal form and
sufficiency for the City of
Cape Canaveral only
Anthony A. Garganese, City Attorney
11111i 11�
For A_ ag inst
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 2/18/2014
Item No. _
Subject: Resolution No. 2014 -05; supplementing City Ordinance No. 03 -2014 enacted
on February 18, 2014 by accepting the proposal of Hancock Bank to purchase the City's
not to exceed $5,500,000 Capital Improvement Revenue Note, Series 2014; authorizing
the execution and delivery of a Loan Agreement with said Bank to secure the
repayment of said Note; authorizing the proper officials of the City to take any other
action deemed necessary or advisable in connection with the finalization and execution
of the Loan Agreement, the Note, and the Security therefor; authorizing the execution
and delivery of documents in connection with said Loan; designating the Note as "Bank
Qualified "; providing for repeal or supersession of prior inconsistent City resolutions or
actions; providing for severability and other matters in regard thereto; and providing an
effective date.
rtment: Administrative Services
Summary: Pursuant to City Council action /direction on January 21, 2014, the
Financing Team, under leadership of the City Manager, selected Hancock Bank as its
lender. The Financing Team and Hancock Bank have prepared loan documents
(Exhibit A). The loan of $5,500,000 represents a Project Fund of $5,445,000 and Cost
of Issuance of $55,000. The final terms served the City's best interest and are:
Loan: $5,500,000
Term: 10 years
Rate: 1.99%
Total Debt Service: $6,111,767
Principal & Interest Payment: $612,124
At this meeting it is anticipated the City Council will approve Ordinance No. 03 -2014,
which authorized the issuance of the Revenue Note. Resolution No. 2014 -05
supplements Ordinance No. 03 -2014 by further outlining the Loan Agreement.
Key Terms of the Loan Agreement are:
The City shall not issue any debt payable from any of the Pledged Revenues while the
2014 Note is outstanding. Pledged Revenues for the preceding Fiscal Year must be
equal to at least 1.50 times the maximum debt service for all outstanding debt secured
and payable from a first lien on Pledged Revenues and any additional proposed debt.
For calculation purposes if the interest rate on the proposed additional debt will be a
variable interest rate, the rate shall be calculated at the initial rate.
The Debt Service Fund will be held by the City. Commencing February 25, 2014 and
no later than the 25th day of each month, the City shall deposit to the Debt Service Fund
an amount equal to at least one -sixth (1/6) of the interest due on the 2014 Note on the
next Payment Date and an amount equal to at least one - twelfth (1/12) of the principal
amount due on the 2014 Note on the next February 1. Deposit amounts in the Debt
Service Fund will be used solely for making payments on the 2014 Note.
City Council Meeting Date: 2/18/2014
Item No.
Page 2 of 2
The closing has been tentatively set for February 26, 2014.
Financial Impact: The P &I is $612,124. The net annual cost of the loan to the General
Government is $305,878. The remaining $206,246 is the proportionate share of
Wastewater and Stormwater for City Hall and $100,000 for the Wastewater Plant.
Submitting Department Director: John DeLeO 0 Date: 2/11/14
Attachments: #1 - Resolution No. 2014 -05 and Exhi i A - Loan Agreement.
The City Manager recommends that City Council take the following actions:
Adopt Resolution No. 2014 -05, which includes authorizing the execution and delivery of
the Loan Agreement with Hancock Bank to secure the repayment of said Note.
Approved by City Manager: David L. Greene (9 Date:a // /
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Attachment 1
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA,
SUPPLEMENTING CITY ORDINANCE NO. 03 -2014 ENACTED ON
FEBRUARY 18, 2014 BY ACCEPTING THE PROPOSAL OF HANCOCK
BANK TO PURCHASE THE CITY'S NOT TO EXCEED $5,500,000 CAPITAL
IMPROVEMENT REVENUE NOTE, SERIES 2014; AUTHORIZING THE
EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH SAID
BANK TO SECURE THE REPAYMENT OF SAID NOTE; AUTHORIZING
THE PROPER OFFICIALS OF THE CITY TO TAKE ANY OTHER ACTION
DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE
FINALIZATION AND EXECUTION OF THE LOAN AGREEMENT, THE
NOTE, AND THE SECURITY THEREFOR; AUTHORIZING THE
EXECUTION AND DELIVERY OF DOCUMENTS IN CONNECTION WITH
SAID LOAN; DESIGNATING THE NOTE AS "BANK QUALIFIED ";
PROVIDING FOR REPEAL OR SUPERSESSION OF PRIOR INCONSISTENT
CITY RESOLUTIONS OR ACTIONS; PROVIDING FOR SEVERABILITY
AND OTHER MATTERS IN REGARD THERETO; AND PROVIDING AN
EFFECTIVE DATE.
BE IT 0411SOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL,
AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant
to the provisions of Chapter 166, Part II, Florida Statutes, the Florida Constitution and other
applicable provisions of law and City Ordinance No. 03 -2014 enacted on February 18, 2014 (the
"Ordinance ").
FINDINGS. It is hereby ascertained, determined and declared:
The City of Cape Canaveral, Florida (the "City ") deems it necessary, desirable
and in the best interests of the City and its residents and that it serves a paramount public purpose
that the City issue its Capital Improvement Revenue Note, Series 2014 (the "2014 Note ") to
acquire and construct the Project as defined in the Ordinance, all as more particularly described
in the Ordinance and the Loan Agreement (as defined herein).
Pursuant to Section 2(b), Article VIII of the State Constitution, and Section
166.021, Florida Statutes, municipalities have the governmental, corporate and proprietary
powers to enable them to conduct municipal government, perform municipal functions, and
render municipal services, and may exercise any power for municipal purposes, except when
expressly prohibited by law. The issuance by the City of the 2014 Note to acquire and construct
the Project and the execution and delivery of the Loan Agreement to secure the 2014 Note is not
prohibited by law.
Based on the present volatility of the market for municipal debt in consultation
with the City's financial advisor, Larson Consulting Services, LLC, and following a review of the
bank responses from the City's RFP for the 2014 Note by the City's financial advisor and the City
City of Cape Canaveral
Resolution No. 2014-05
Page 2 of 4
Manager and other members of City staff, and the City Council's decision on January 21, 2014
to proceed with the selection of the Bank (as defined below), it has been determined it is in the
best interest of the City to issue the 2014 Note pursuant to the Ordinance and the Loan
Agreement by negotiated sale, allowing the City to issue the 2014 Note at the most advantageous
time,, allowing the City to obtain the best interest rate and other terms for the 2014 Note, and
accordingly, the City Council of the City hereby finds and determines that it is in the best
financial interest of the City that a negotiated sale of the 2014 Note to Hancock Bank (the
"Bank") be authorized.
AUTHORIZATION OF ISSUANCE OF 2014 NOTE. The City hereby authorizes
issuance of the 2014 Note to acquire and construct the Project and to pay costs of issuing the
2014 Note as more particularly described in the Loan Agreement.
ACCEPTANCE OF TERMS AND CONDITIONS WITH BANK. Based on a
recommendation from the City's financial advisor and in consultation with the City staff, the City
hereby accepts the revised letter of the Bank dated January 21, 2014 attached hereto to provide
the City with the loan evidenced by the 2014 Note.
APPROVAL OF FORM OF AND AUTHORIZATION OF LOAN
AGREEMENT AND 2014 NOTE AND EXECUTION OF LOAN AGREEMENT AND 2014
NOTE. The repayment of the loan as evidenced by the 2014 Note shall be pursuant to the terms
and provisions of the Ordinance, the Loan Agreement and the 2014 Note. The City hereby
approves the Loan Agreement by and between the City and the Bank in substantially the form
attached hereto as EXHIBIT "A" (the "Loan Agreement") and the 2014 Note and authorizes the
Mayor or the Mayor Pro Tern of the City (collectively, the "Mayor") and the City Clerk or any
deputy or assistant City Clerk of the City (collectively, the "City Clerk") to execute and deliver
on behalf of the City the Loan Agreement and the 2014 Note in substantially the form attached to
the Loan Agreement, with such changes, insertions and additions as they may approve, their
execution thereof being conclusive evidence of such approval.
PAYMENT OF DEBT SERVICE ON 2014 NOTE. Pursuant to the Loan
Agreement, the 2014 Note will be secured by the Pledged Revenues (as defined in the Ordinance
and the Loan Agreement).
AUTHORIZATION OF OTHER DOCUMENTS TO EFFECT TRANSACTION.
To the extent that other documents including but not limited to notices, certificates, opinions, or
other items are needed to effect any of the transactions referenced in this Resolution, the
Ordinance, the Loan Agreement, the 2014 Note, and the security therefor, the Mayor, the City
Clerk, the City Manager, the Administrative Services Director, the Finance Director, the City
Attorney, Financial Advisor and Bond Counsel are hereby authorized to execute and deliver such
documents, certificates, opinions, or other items and to take such other actions as are necessary
for the full, punctual, and complete performance of the covenants, agreements, provisions, and
other terms as are contained herein and in the documents included herein by reference.
City of Cape Canaveral
Resolution No. 2014 -05
Page 3 of 4
PAYING AGENT AND REGISTRAR. The City hereby accepts the duties to
serve as registrar and paying agent for the 2014 Note.
LIMITED OBLIGATION. The obligation of the City to repay amounts under the
Loan Agreement and the 2014 Note are limited and special obligations, payable solely from the
sources and in the manner set forth in the Loan Agreement and shall not be deemed a pledge of
the faith and credit or taxing power of the City.
DESIGNATION OF 2014 NOTE AS BANK QUALIFIED. The City designates
the 2014 Note as a "qualified tax - exempt obligation" within the meaning of Section 265(b)(3) of
the Internal Revenue Code of 1986, as amended (the "Code "). The City does not reasonably
anticipate that the City, any subordinate entities of the City, and issuers of debt that issue "on
behalf' of the City, will during the calendar year 2014 issue more than $10,000,000 of "tax -
exempt" obligations, exclusive of those obligations described in Section 265(b)(3)(C)(ii) of the
Code.
REPEAL OF PRIOR INCONSISTENT RESOLUTIONS AND ACTIONS. All
prior resolutions or actions of the City in conflict herewith are hereby superseded and repealed to
the extent of such conflict.
EFFECT OF PARTIAL INVALIDITY. If any one or more provisions of this
Resolution, the Loan Agreement, or the 2014 Note shall for any reason be held to be illegal or
invalid, such illegality or invalidity shall not affect any other provision of this Resolution, the
2014 Note or the Loan Agreement, but this Resolution, the Loan Agreement, and the 2014 Note
shall be construed and enforced as if such illegal or invalid provision had not been contained
therein. The 2014 Note shall be issued and Loan Agreement shall be executed and this
Resolution is adopted with the intent that the laws of the State of Florida shall govern their
construction.
adoption.
EFFECTIVE DATE. This Resolution shall take effect immediately upon its
[Remainder of Page Intentionally Left Blank]
City of Cape Canaveral
Resolution No. 2014 -05
Page 4 of 4
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 181h day of
February, 2014.
ATTEST
Angela Apperson, City Clerk
Approved as to legal form and
sufficiency for the City of
Cape Canaveral only
L'Im
Anthony A. Garganese, City Attorney
Cy'fl Il•L�T9[�� ��T►` /: \�I'�1,7_1'IA � IC�77 i 17:1
Rocky Randels, Mayor
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
For Against
EXHIBIT "A"
LOAN AGREEMENT
LOAN AGREEMENT
Dated as of February _, 2014
By and Between
THE CITY OF CAPE CANAVERAL, FLORIDA
and
HANCOCK BANK
{28004717;2}
(The Table nf Contents for this Loan Agreement is for convenience nf reference only and
is not intended to define, limit or describe the aonpc or intent of any provisions of this Iyoo
Agreement.)
Page
ARTICLE DEFINITION OF TERMS ................................................................................ l
Section 1.01. Dcfioitinoa --------------------------------- l
Section 1.02. Interpretation -------------------------------..4
Section 1.03. Titles and Headings ----------------------------.4
ARTICLE D REPRESENTATIONS AND WARRANTIES OF THE PARTIES -----.. 4
Section 2.01. Representations and Warranties nf City ...................................................... 4
Section 2.O2. Covenants nf the City .................................................................................. 5
ARTICLE III THE 2Ol4 NOTE ............................................................................................... 5
Section3.01. Purpose and Use .......................................................................................... 5
Section 3.02. The 2Ol4 Note ............................................................................................. 5
Section 3.03. Adjustments tn2Ol4 Note Rate ................................................................... 6
Section 3.04. Conditions Precedent tn Issuance nf2Ol4 Note .......................................... 7
Section 3.05. Registration of Assignment of Rights nf Bank ............................ 0
Section 3.06. Ownership Vf the 2Ol4 Note ........................................................................ 9
Section 3.07. Use nf Proceeds nf2Ol4 Note Permitted Under Applicable Law ............... 9
ARTICLE IV COVENANTS OFTHE CITY .......................................................................... 9
Section 4.Ol. Performance nf Covenants .......................................................................... 9
Section 4.02. Payment nf2Ol4 Note ................................................................................. 9
Section 4.O].Tax Covenant ............................................................................................. lO
Section 4.04. Compliance with Laws and Regulations -----------------lO
ARTICLE EVENTS OF DEFAULT AND REMEDIES .................................................. lO
Section 51Jl. Events Of Default ...................................................................................... lO
Section5.O2. Remedies ................................................................................................... ll
ARTICLE VI MISCELLANEOUS PROVISIONS ...............................................................
ll
Section h.Ol.
Covenants Vf City, Eto.; Successors ..........................................................
ll
Section h.O2.
Tenn Vf Agreement ---------------------------..11
Section 6.03.
Amendments and Supplements ---------------------..l2
Section6.O4.
Notices .......................................................................................................
l2
Section h.O5.Benefits
Exclusive .....................................................................................
l2
Section 6.06.
3cvcrobilitv ................................................................................................
l2
Section 6.07.
Payments Due on Saturdays, Sundays and Holidays ----------..l]
�28004717;211 1
Section 6.09. Applicable Law ......................................................................................... l3
Section 0.lO.NoPersonal Liability ---------------------------l3
Section 6.11. Incorporation b» Reference ....................................................................... l3
Exhibit FVrnuof Requisition ............................................................................................ B-1
12800*717;2} ii
1111"►/: -331 Diu T�1►Y 11
THIS LOAN AGREEMENT (the "Agreement "), made and entered into this day of
February, 2014 by and between THE CITY OF CAPE CANAVERAL, FLORIDA (the
"City "), a municipal corporation of the State of Florida, and HANCOCK BANK, a Mississippi
state banking corporation authorized to do business in Florida, and its successors and assigns (the
"Bank ").
WHEREAS, capitalized terms used in these recitals and not otherwise defined shall have
the meanings specified in Article I of this Agreement;
WHEREAS, the City, pursuant to the provisions of the Florida Constitution, Chapter
166, Florida Statutes, Ordinance No. 03 -2014 (the "Ordinance ") and other applicable provisions
of law (all of the foregoing, collectively, the "Act "), and Resolution No. , adopted by the
City on February 18, 2014 (the "Resolution "), is authorized to borrow money, and more
particularly issue the 2014 Note described below for the City's public purposes; and
WHEREAS, in response to a request for proposal regarding an intended borrowing to
construct various City owned capital improvements including city hall, a fire station and
refurbishment of a wastewater treatment plant (the "Project "), the Bank submitted its revised
commitment, dated January 21, 2014 to the City (the "Commitment "); and
WHEREAS, the City has accepted the Commitment and the Bank is willing to purchase
the 2014 Note (as hereinafter defined), but only upon the terms and conditions of this
Agreement;
NOW, THEREFORE, the parties hereto agree as follows:
I
Section 1.01. Definitions. Capitalized terms used in this Agreement shall have the
respective meanings as follows unless the context clearly requires otherwise:
"Act" shall have the meaning assigned to that term in the recitals hereof.
"Agreement" shall mean this Loan Agreement and all modifications, alterations,
amendments and supplements hereto made in accordance with the provisions hereof.
"Bank" shall mean Hancock Bank, a Mississippi state banking corporation, and its
successors and assigns.
"Bond Counsel" shall mean, Akerman LLP, or any other attorney at law or firm of
attorneys of nationally recognized standing in matters pertaining to the exclusion of interest on
{28004717;2) I
obligations issued by states and political subdivisions from federal income taxation hired by the
City to render an opinion on such matters with regard to the 2014 Note.
"Business Day" shall mean any day other than a Saturday, a Sunday, or a day on which
the office of the Holder at which payments on the 2014 Note are due or the offices of the City are
lawfully closed.
"City" shall mean the City of Cape Canaveral, Florida, a municipal corporation of the
State of Florida.
"City Clerk" shall mean the Administrative Services Director or any deputy or assistant
city clerk of the City and such other person as may be duly authorized to act on his or her behalf.
"City Manager" shall mean the City Manager of the City and such other person as may be
duly authorized to act on his or her behalf.
"Code" shall mean the Internal Revenue Code of 1986, as amended from time to time,
and the applicable rules and regulations promulgated thereunder.
"Communications Services Taxes" shall mean the taxes on local communications
services levied on the City pursuant to section 202.19(1), Florida Statutes.
"Communications Services Tax Revenues" shall mean all revenues received by the Issuer
from the levy of Communications Services Taxes.
"Debt Service" means principal and interest, and other debt-related costs, due in
connection with the 2014 Note, as applicable.
"Default Rate" shall mean the 2014 Note Rate plus five percent (5.0%) provided such rate
shall not exceed the highest rate of interest allowed by applicable law.
"Determination of Taxability" shall mean, with respect to the 2014 Note, any
determination, decision or decree by the Commissioner or any District Director of the Internal
Revenue Service, as such officers are identified by the Code, or any court of competent
jurisdiction, or delivery of an opinion of Bond Counsel, that the interest payable under the 2014
Note is includable in the gross income (as defined in Section 61 of the Code) of the Holder.
"Event of Default" shall mean an Event of Default as defined in Section 5.01 of this
Agreement.
"Finance Director" shall mean the City's Finance Director or such other person as may be
duly authorized to act on his or her behalf.
"Franchise Fees" shall mean collectively the franchise fees received by the City pursuant
to that agreement known as "Cape Canaveral Natural Gas Franchise," and the franchise fees
received by the City from Florida Power and Light Company pursuant to a City ordinance
adopted on August 16, 2011.
{28004717;213 2
"Financial Advisor" shall mean Larson Consulting Services, LLC.
"Fiscal Year" shall mean the 12 -month period commencing October 1 of each year and
ending on the succeeding September 30, or such other 12 -month period as the City may
designate as its "fiscal year" as permitted by law.
"Guaranteed Entitlement" means the guaranteed entitlement portion of the state revenue
sharing funds available to the City pursuant to Part II of Chapter 218, Florida Statues.
"Half -Cent Sales Tax" means any and all proceeds of the local government half -cent sales
tax distributed to the City from the Local Government Half -Cent Sales Tax Clearing Trust Fund,
as defined and described in Part VI, Chapter 218, Florida Statues, as amended.
"Loan" shall refer to an amount equal to the outstanding principal of the 2014 Note,
together with unpaid interest and penalties, if any, which have accrued.
"Maturity Date" shall mean the date on which all principal and all unpaid interest accrued
on the 2014 Note shall be due and payable in full, which date shall be, if not sooner due to
prepayment, February 1, 2024.
"Holder" shall mean the Bank as the initial holder of the 2014 Note and any subsequent
registered holder of the 2014 Note.
"Payment Date" shall mean each February 1 and August 1, commencing August 1, 2014
until the 2014 Note has been paid in full.
"Pledged Revenues" shall mean collectively the Communications Services Tax
Revenues, the Public Services Tax Revenues, the Guaranteed Entitlement, the Half -Cent Sales
Tax, the Franchise Fees and amounts on deposit in the Debt Service Fund.
"Public Services Tax" shall mean such tax as levied and collected by the City pursuant to
the authority of Section 166.231, Florida Statutes.
"Public Services Tax Revenues" shall mean all revenues received by the Issuer from the
levy of the Public Services Tax.
"Resolution" shall mean Resolution No. adopted at a meeting of the City
Council on February 18, 2014, which, among other things, authorized the execution and delivery
of this Agreement and the issuance of the 2014 Note.
"2014 Note" shall mean the City of Cape Canaveral, Florida Capital Improvement
Revenue Note, Series 2014.
"2014 Note Rate" shall mean the rate of interest to be borne by the 2014 Note which shall
be a fixed rate equal to 1.99% per annum calculated on the basis of a 360 -day year of 12, 30 -day
months.
{280047172) 3
Section 1.02. Interpretation. Unless the context clearly requires otherwise, words of
masculine gender shall be construed to include correlative words of the feminine and neuter
genders and vice versa, and words of the singular number shall be construed to include
correlative words of the plural number and vice versa. This Agreement and all the terms and
provisions hereof shall be construed to effectuate the purpose set forth herein and to sustain the
validity hereof.
Section 1.03. Titles and Headings. The titles and headings of the Articles and Sections
of this Agreement, which have been inserted for convenience of reference only and are not to be
considered a part hereof, shall not in any way modify or restrict any of the terms and provisions
hereof, and shall not be considered or given any effect in construing this Agreement or any
provision hereof or in ascertaining intent, if any question of intent should arise.
Section 2.01. Representations and Warranties of City. The City represents and
warrants to the Bank as follows:
(a) Existence. The City is a municipal corporation of the State of Florida, duly
created and validly existing under the laws of the State of Florida, with full power to enter into
this Agreement, to perform its obligations hereunder and to issue and deliver the 2014 Note to
the Bank. The making, execution and performance of this Agreement on the part of the City and
the issuance and delivery of the 2014 Note has been duly authorized by all necessary action on
the part of the City and will not violate or conflict with the Act, City Charter, or any agreement,
indenture or other instrument by which the City or any of its material properties is bound.
(b) Validity, Etc. This Agreement, the 2014 Note and the Resolution are valid and
binding obligations of the City enforceable against the City in accordance with their respective
terms, except to the extent that enforceability may be subject to valid bankruptcy, insolvency,
financial emergency, reorganization, moratorium or similar laws relating to or from time to time
affecting the enforcement of creditors' rights and except to the extent that the availability of
certain remedies may be precluded by general principles of equity.
(c) No Financial Material Adverse Change. No material adverse change in the
financial condition of the City or the Pledged Revenues has occurred since the audited financial
statements of the City for its year ended September 30, 2012.
(d) Powers of City. The City has the legal power and authority to pledge the Pledged
Revenues to the repayment of the 2014 Note as described herein and none of the Pledged
Revenues are pledged to any other obligations of the City.
(e) Authorizations, etc. No authorization, consent, approval, license, exemption of or
registration or filing with any court or governmental department, council, board, bureau, agency
or instrumentality, domestic or foreign, has been or will be necessary for the valid execution,
delivery and performance by the City of this Agreement, the 2014 Note and the related
documents, except such as have been obtained, given or accomplished.
{28004717;2) 4
Section 2.02. Covenants of the City. The City covenants as follows:
The City will furnish to the Bank (i) within 210 days following the end of each Fiscal
Year, a comprehensive annual financial report of the City for such Fiscal Year prepared in
accordance with generally accepted accounting standards, which shall include a balance sheet
and income statement as of the end of such Fiscal Year, and an audit report of an independent
certified public accountant or firm thereof, (ii) any other financial information, including but not
limited to the City's annual budget, which the Bank may reasonably request.
Section 2.03. Representations and Warranties of Bank. The Bank represents and
warrants to the City as follows:
(a) Existence. The Bank is a Mississippi state banking corporation, authorized to do
business in the State of Florida, with full power to enter into this Agreement, to perform its
obligations hereunder and to make the Loan. The performance of this Agreement on the part of
the Bank and the making of the Loan have been duly authorized by all necessary action on the
part of the Bank and will not violate or conflict with applicable law or any material agreement,
indenture or other instrument by which the Bank or any of its material properties is bound.
(b) Validity. This Agreement is a valid and binding obligation of the Bank
enforceable against the Bank in accordance with its terms, except to the extent that enforceability
may be subject to valid bankruptcy, insolvency, financial emergency, reorganization, moratorium
or similar laws relating to or from time to time affecting the enforcement of creditors' rights (and
specifically creditors' rights as the same relate to banks) and except to the extent that the
availability of certain remedies may be precluded by general principles of equity.
(c) Knowledge and Experience. The Bank (i) has such knowledge and experience in
financial and business matters that it is capable of evaluating the merits and risks of making the
Loan and investing in the 2014 Note, (ii) has received and reviewed such financial information
concerning the Pledged Revenues as it has needed in order to fairly evaluate the merits and risks
of making the Loan and investing in the 2014 Note; and (iii) is purchasing the 2014 Note as an
investment for its own account and not with a current view toward resale to the public.
Section 3.01. Purpose and Use. On the date of this Agreement, the Bank shall fund to
the City the Loan in the principal amount of Million Hundred and
Thousand Dollars ($ . The Loan will be evidenced by the 2014 Note. The
proceeds of the 2014 Note shall be used solely to construct and reconstruct the Project and to pay
costs of issuing the 2014 Note.
Section 3.02. The 2014 Note. The 2014 Note shall be substantially in the form set forth
as Exhibit A to this Agreement. The general terms of the 2014 Note shall be as follows:
(a) Amount of 2014 Note. The aggregate principal amount of the 2014 Note shall be
Million Thousand Dollars ($�.
{28004717;2} 5
(b) Interest. The 2014 Note shall bear interest at the 2014 Note Rate payable on each
Payment Date. The 2014 Note Rate shall be subject to adjustment as provided in Section 3.03
hereof The 2014 Holder shall promptly notify the City in writing of any adjustments in a 2014
Note Rate. Notwithstanding any provision hereof the contrary, in no event shall the interest rate
on the 2014 Note exceed the maximum rate permitted by law. Interest on the 2014 Note shall be
computed on the basis of 12, 30 -day months and a 360 -day year.
(c) Prepayments and Principal Payments. The 2014 Note shall be subject to
prepayment at the option of the City, without any prepayment penalty or fee as provided in the
2014 Note. Any prepayment shall be made on such date as shall be specified by the City in a
written notice delivered to the 2014 Holder not less than ten (10) days prior to the specified
prepayment date. Any prepayment shall be applied first to accrued interest, then to other
amounts owed the Holder, and finally to principal as directed by the City.
Principal on the 2014 Note is payable on each February 1 commencing February 1, 2015
as set forth in the 2014 Note.
Section 3.03. Adjustments to 2014 Note Rate. The 2014 Note Rate shall be subject to
adjustment by the Bank as hereinafter described and as provided in the 2014 Note.
In the event of a Determination of Taxability, the 2014 Note Rate shall be adjusted to
cause the yield on such 2014 Note to equal what the yield on that 2014 Note would have been
absent such Determination of Taxability (the "Taxable Rate ") effective retroactively to the date
on which such Determination of Taxability was made. Immediately upon a Determination of
Taxability, the City agrees to pay to the 2014 Holder subject to such Determination of Taxability
the Additional Amount (as defined herein). "Additional Amount" means (i) the difference
between (a) interest on such 2014 Note for the period commencing on the date on which the
interest on such 2014 Note (or portion thereof) loses its "tax- exempt" status and ending on the
earlier of the date such 2014 Note ceased to be outstanding or such adjustment is no longer
applicable to such 2014 Note (the "Taxable Period ") at a rate equal to the Taxable Rate and (b)
the aggregate amount of interest payable on such 2014 Note for the Taxable Period under the
provisions of such 2014 Note without considering the Determination of Taxability, plus (ii) any
penalties and interest paid or payable by such Holder to the Internal Revenue Service by reason
of such Determination of Taxability.
If the 2014 Note ceases to be a "qualified tax - exempt obligation" then the 2014 Note Rate
shall be adjusted to cause the yield on the 2014 Note to equal what the yield on the 2014 Note
would have been in the absence of such change.
The 2014 Holder shall promptly notify the City in writing of any adjustments pursuant
hereto. Such adjustments shall become effective as of the effective date of the event causing
such adjustment. Adjustments pursuant hereto may be retroactive. The 2014 Holder shall certify
to the City in writing the additional amount, if any, due to the 2014 Holder as a result of an
adjustment pursuant hereto. Notwithstanding any provision here to the contrary, in no event
shall the interest rate on the 2014 Note exceed the maximum rate permitted by law.
{28004717 ;2r 6
Section 3.04. Conditions Precedent to Issuance of 2014 Note. Prior to or
simultaneously with the delivery of the 2014 Note, there shall be filed with the Bank the
following, each in form and substance reasonably acceptable to the Bank:
(a) an opinion of legal counsel to the City substantially to the effect that (i) the
Resolution and Ordinance have been duly adopted and this Agreement and the 2014 Note have
been duly authorized, executed and delivered by the City and each constitutes a valid, binding
and enforceable agreement of the City in accordance with their respective terms, except to the
extent that the enforceability of the rights and remedies set forth therein may be limited by
bankruptcy, insolvency, financial emergency or other laws affecting creditors' rights generally or
by usual equity principles; (ii) the City's execution, delivery and performance of this Agreement
and execution and issuance of the 2014 Note are not subject to any authorization, consent,
approval or review of any governmental body, public officer or regulatory authority not
heretofore obtained or effected; (iii) the execution, issuance and delivery of the 2014 Note has
been duly and validly authorized by the City, and the 2014 Note constitutes a valid and binding
special obligation of the City enforceable in accordance with its terms; (iv) the City (A) is a
municipal corporation duly organized and validly existing under the laws of the State of Florida,
and (B) has power and authority to adopt the Resolution and Ordinance, to execute and deliver
this Agreement, to execute and deliver the 2014 Note, and to consummate the transactions
contemplated by such instruments; (v) the execution, delivery and performance of the 2014 Note
and this Agreement, and compliance with the terms thereof and hereof, under the circumstances
contemplated hereby, do not and will not in any material respect conflict with, or constitute on
the part of the City a breach or default under, any indenture, mortgage, deed of trust, agreement
or other instrument to which the City or to which its properties are subject or conflict with,
violate or result in a breach of any existing law, administrative rule or regulation, judgment,
court order or consent decree to which the City or its properties are subject; (vi) to the best of
such counsel's knowledge, there is no claim, action, suit, proceeding, inquiry, investigation,
litigation or other proceeding, at law or in equity, pending or threatened in any court or other
tribunal, state or federal (A) restraining or enjoining, or seeking to restrain or enjoin, the
issuance, sale, execution or delivery of the 2014 Note, (B) in any way questioning or affecting
the validity or enforceability of any provision of this Agreement, the 2014 Note, the Resolution
or the Ordinance, (C) in any way questioning or affecting the validity of any of the proceedings
or authority for the authorization, sale, execution or delivery of the 2014 Note, or of any
provision made or authorized for the payment thereof, or (D) questioning or affecting the
organization or existence of the City or the right of any of its officers to their respective offices;
(vii) the City has the legal authority to construct the Project, to grant a lien on the Pledged
Revenues as described herein and in the Resolution; and (viii) all conditions contained in the
ordinances and resolutions of the City precedent to the issuance of the 2014 Note have been
complied with;
(b) an opinion of Bond Counsel (who may rely on opinion of legal counsel to the
City), substantially to such effect that such counsel is of the opinion that: (i) this Loan
Agreement constitutes a valid and binding obligation of the City enforceable upon the City in
accordance with its terms; (ii) the 2014 Note is a valid and binding special obligation of the City
enforceable in accordance with its terms, payable solely from the sources provided therefor in
this Loan Agreement; (iii) assuming compliance by the City with certain covenants relating to
requirements contained in the Code interest on the 2014 Note is excluded from gross income for
{28004717 ;2; 7
purposes of federal income taxation; and (iv) the 2014 Note is a "qualified tax - exempt
obligation" within the meaning of Section 265(b)(3) of the Code;
(c) a copy of a completed and executed Form 8038 -G to be filed with the Internal
Revenue Service by the City;
(d) the original executed 2014 Note and Agreement; and
(e) such other documents as the Bank reasonably may request (including, without
limitation, Florida Division of Bond Finance forms).
When the documents and items mentioned in clauses (a) through (e), inclusive, of this
Section shall have been filed with the Bank, and when the 2014 Note shall have been executed as
required by this Agreement, the City shall deliver the 2014 Note to or upon the order of the Bank
upon receipt of the purchase price therefor.
Section 3.05. Registration of Transfer; Assignment of Rights of Bank. The City as
the registrar shall keep at the office of the City Clerk in the City's records the registration of the
2014 Note and the registration of transfers of the 2014 Note as provided in this Agreement. The
transfer of the 2014 Note may be registered only upon the books kept for the registration of the
2014 Note and registration of transfer thereof upon surrender thereof to the City as registrar
together with an assignment duly executed by the 2014 Holder or its attorney or legal
representative in the form of the assignment set forth on the form of the 2014 Note attached as
Exhibit A to this Agreement; provided, however, that such 2014 Note may be transferred only in
whole and not in part. In the case of any such registration of transfer, the City shall execute and
deliver in exchange for the 2014 Note a new 2014 Note registered in the name of the transferee.
In all cases in which a 2014 Note shall be transferred hereunder, the City shall execute and
deliver at the earliest practicable time a new 2014 Note in accordance with the provisions of this
Agreement. The City may make a charge for every such registration of transfer of a 2014 Note
sufficient to reimburse it for any tax or other governmental charges required to be paid with
respect to such registration of transfer, but no other charge shall be made for registering the
transfer hereinabove granted. The 2014 Note shall be issued in fully registered form and shall be
payable in any lawful coin or currency of the United States.
The registration of transfer of a 2014 Note on the registration books of the City shall be
deemed to effect a transfer of the rights and obligations of the Bank under this Agreement to the
transferee. Thereafter, such transferee shall be deemed to be the Bank under this Agreement and
shall be bound by all provisions of this Agreement that are binding upon the Bank. The City and
the transferor shall execute and record such instruments and take such other actions as the City
and such transferee may reasonably request in order to confirm that such transferee has
succeeded to the capacity of Bank under this Agreement and the 2014 Note.
No transfer shall be permitted absent the City's receipt of a certificate in form and
substance similar to the one included as part of Exhibit A hereto from such proposed transferee.
Every prior Holder of a 2014 Note shall be deemed to have waived and renounced all of such
owner's equities or rights therein in favor of every bona fide purchaser, and every such bona fide
purchaser shall acquire absolute title thereto and to all rights represented thereby.
128004717;2; 8
In the event any 2014 Note is mutilated, lost, stolen, or destroyed, the City shall execute a
new 2014 Note of like date and denomination as that mutilated, lost, stolen or destroyed,
provided that, in the case of any mutilated 2014 Note, such mutilated 2014 Note shall first be
surrendered to the City, and in the case of any lost, stolen, or destroyed 2014 Note, there first
shall be furnished to the City evidence of such loss, theft or destruction together with an
indemnity satisfactory to it.
Section 3.06. Ownership of the 2014 Note. The person in whose name a 2014 Note is
registered shall be deemed and regarded as the absolute owner thereof for all purposes, and
payment of or on account of a 2014 Note shall be made only to the Holder thereof or such
owner's legal representative. All such payments shall be valid and effectual to satisfy and
discharge the liability upon the 2014 Note, and interest thereon, to the extent of the sum or sums
so paid.
Section 3.07. Use of Proceeds of 2014 Note Permitted Under Applicable Law. The
City represents, warrants and covenants that the proceeds of the 2014 Note will be used as
provided in Section 3.01 hereof, and that such use is permitted by applicable law.
Section 3.08. Authentication. Until a 2014 Note shall have endorsed thereon a
certificate of authentication substantially in the form set forth in Exhibit A, duly executed by the
manual signature of the City Clerk as registrar as authenticating agent, it shall not be entitled to
any benefit or security under this Loan Agreement. A 2014 Note shall not be valid or obligatory
for any purpose unless and until such certificate of authentication shall have been duly executed
by the registrar, and such certificate of the registrar upon a 2014 Note shall be conclusive
evidence that such 2014 Note has been duly authenticated and delivered under this Loan
Agreement.
Section 4.01. Performance of Covenants. The City covenants that it will perform
faithfully at all times its covenants, undertakings and agreements contained in this Agreement
and the 2014 Note and in any proceedings of the City relating to the Loan provided that any
payments due hereunder shall be paid solely from Pledged Revenues.
Section 4.02. Payment of 2014 Note.
(a) The City does hereby irrevocably pledge the Pledged Revenues as security for the
repayment of the 2014 Note.
(b) The 2014 Note is a special obligation of the City secured solely by the Pledged
Revenues and payable from the Pledged Revenues as provided in this Agreement. The 2014
Note will not constitute a general debt, liability or obligation of the City or the State of Florida or
any political subdivision thereof within the meaning of any constitutional or statutory limitation.
Neither the faith and credit nor the taxing power of the City or of the State of Florida or any
political subdivision thereof is pledged to the payment of the principal of or interest on the 2014
Note and the 2014 Holder shall never have the right to compel any exercise of any ad valorem
J2800471 7;2) 9
taxing power of the City or of the State of Florida or any political subdivision thereof, directly or
indirectly to enforce such payment. The 2014 Note shall not constitute a lien upon any property
of the City except upon the Pledged Revenues.
Section 4.03. Tax Covenant. The City covenants to the 2014 Holder that the City will
not make any use of the proceeds of the 2014 Note at any time during the term of such Note
which, if such use had been reasonably expected on the date the 2014 Note was issued, would
have caused such Note to be an "arbitrage bond" within the meaning of the Code. The City will
do all acts including complying with the requirements of the Code and any valid and applicable
rules and regulations promulgated thereunder necessary to insure the exclusion of interest on the
2014 Note from the gross income of the Holders thereof for purposes of federal income taxation.
Section 4.04. Compliance with Laws and Regulations. The City shall maintain
compliance with all federal, state and local laws and regulations applicable to the construction
and improvements of the Project and the Loan.
Section 4.05. Additional Debt. As long as the 2014 Note is outstanding, the City shall
not issue any debt payable from any of the Pledged Revenues on a parity with the 2014 Note
unless there shall have been obtained and filed with the City and the Holder of the 2014 Note a
certificate of the City's Finance Director (i) setting forth the amount of Pledged Revenues for the
Fiscal Year immediately preceding the issuance of such additional debt; (ii) stating that such
Pledged Revenues equal at least 1.50 times the maximum debt service for all outstanding debt
secured by and payable from a first lien on such Pledged Revenues and such additional proposed
debt; and (iii) stating that no Event of Default was disclosed in the report of the most recent
annual audit, or if such Event of Default was so disclosed, that it shall have been cured. For
purposes of such calculation if the interest rate on the proposed additional debt will be a variable
interest rate, the rate for purposes hereof shall be calculated at the initial rate.
Section 4.06. Debt Service Fund. There is hereby created the City of Cape Canaveral
Capital Improvement Debt Service Fund (the "Debt Service Fund ") which fund shall be held by
the City. Commencing February 25, 2014 and no later than the 25`h day of each month thereafter
the City shall deposit to the Debt Service Fund an amount equal to at least one -sixth (1 /6th) of the
interest coming due on the 2014 Note on the next Payment Date and an amount equal to at least
one - twelfth (1/12) of the principal amount coming due on the 2014 Note on the next February 1.
Amounts on deposit in the Debt Service Fund shall be used solely for making payments on the
2014 Note.
I A AT MIN 16,103
Section 5.01. Events Of Default. The following events shall each constitute an "Event
of Default:"
(a) The City defaults in the payment of the principal of or interest on the 2014 Note
when due.
{28004717;2; 10
(b) There shall occur the dissolution or liquidation of the City, or the filing by the
City of a voluntary petition in bankruptcy, or the Council by the City of any act of bankruptcy, or
adjudication of the City as a bankrupt, or assignment by the City for the benefit of its creditors,
or appointment of a receiver for the City, or the entry by the City into an agreement of
composition with its creditors, or the approval by a court of competent jurisdiction of a petition
applicable to the City in any proceeding for its reorganization instituted under the provisions of
the Federal Bankruptcy Act, as amended, or under any similar act in any jurisdiction which may
now be in effect or hereafter enacted.
(c) The City shall default in the due and punctual performance of any other of the
covenants, conditions, agreements and provisions contained in the 2014 Note or in this
Agreement on the part of the City to be performed, and such default shall continue for a period
of thirty days after written notice of such default shall have been received from the Holders of
the 2014 Note. Notwithstanding the foregoing, the City shall not be deemed in default hereunder
if such default can be cured within a reasonable period of time and if the City in good faith
institutes curative action and diligently pursues such action until the default has been corrected.
Section 5.02. Remedies. A Holder of the 2014 Note or any trustee or receiver acting for
such Holder may either at law or in equity, by suit, action, mandamus or other proceedings in
any court of competent jurisdiction, protect and enforce any and all rights under the laws of the
State, or granted and contained in this Agreement, and may enforce and compel the performance
of all duties required by this Agreement or by any applicable statutes to be performed by the City
or by any officer thereof.
Section 5.03. Remedies Cumulative. No remedy herein conferred upon or reserved to
the Holder is intended to be exclusive of any other remedy or remedies, and each and every such
remedy shall be cumulative, and shall be in addition to every other remedy given hereunder or
now or hereafter existing at law or in equity or by statute.
s . ! 0"
Section 6.01. Covenants of City, Etc.; Successors. All of the covenants, stipulations,
obligations and agreements contained in this Agreement shall be deemed to be covenants,
stipulations, obligations and agreements of the City to the full extent authorized or permitted by
law, and all such covenants, stipulations, obligations and agreements shall be binding upon the
successor or successors thereof from time to time, and upon any officer, board, council,
authority, agency or instrumentality to whom or to which any power or duty affecting such
covenants, stipulations, obligations and agreements shall be transferred by or in accordance with
law.
Section 6.02. Term of Agreement. This Agreement shall be in full force and effect
from the date hereof until the 2014 Note and all other sums payable to the Holder hereunder have
been paid in full.
{28004717;2; 11
Section 6.03. Amendments and Supplements. This Agreement may be amended or
supplemented from time to time only by a writing duly executed by each of the City and the
2014 Holders.
Section 6.04. Notices. Any notice, demand, direction, request or other instrument
authorized or required by this Agreement to be given to or filed with the City or the Bank, shall
be deemed to have been sufficiently given or filed for all purposes of this Agreement if and
when sent by certified mail, return receipt requested:
(a) As to the City:
City of Cape Canaveral, Florida
P.O. Box 326
Cape Canaveral, Florida 32920
Attention: City Manager
(b) As to the Bank:
Hancock Bank
113 Designer Circle
Dothan, Alabama 36303
Attention: Steven E. Cole
or at such other address as shall be furnished in writing by any such party to the other, and shall
be deemed to have been given as of the date so delivered or deposited in the United States mail.
Either party may, by notice sent to the other, designate a different or additional address to which
notices under this Agreement are to be sent.
Section 6.05. Benefits Exclusive. Except as herein otherwise provided, nothing in this
Agreement, expressed or implied, is intended or shall be construed to confer upon any person,
firm or corporation, other than the City and the 2014 Holder, any right, remedy or claim, legal or
equitable, under or by reason of this Agreement or any provision hereof, this Agreement and all
of its provisions being intended to be and being for the sole and exclusive benefit of the City and
the 2014 Holder.
Section 6.06. Severability. In case any one or more of the provisions of this
Agreement, any amendment or supplement hereto or of the 2014 Note shall for any reason be
held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of
this Agreement, any amendment or supplement hereto or the 2014 Note, but this Agreement, any
amendment or supplement hereto and the 2014 Note shall be construed and enforced at the time
as if such illegal or invalid provisions had not been contained therein, nor shall such illegality or
invalidity or any application thereof affect any legal and valid application thereof from time to
time. In case any covenant, stipulation, obligation or agreement contained in the 2014 Note or in
this Agreement shall for any reason be held to be in violation of law, then such covenant,
stipulation, obligation, or agreement shall be deemed to be the covenant, stipulation, obligation
or agreement of the City to the full extent from time to time permitted by law.
t280047 17;2) 12
Section 6.07. Payments Due on Saturdays, Sundays and Holidays. In any case where
the date of maturity of interest on or principal of the 2014 Note or the date fixed for prepayment
of the 2014 Note shall be other than a Business Day, then payment of such interest or principal
shall be made on the next succeeding Business Day with the same force and effect as if paid on
the date of maturity or the date fixed for prepayment, and no interest on any such principal
amount shall accrue for the period after such date of maturity or such date fixed for prepayment.
Section 6.08. Counterparts. This Agreement may be executed in any number of
counterparts, each of which when so executed and delivered, shall be an original; but such
counterparts shall together constitute but one and the same Agreement, and, in making proof of
this Agreement, it shall not be necessary to produce or account for more than one such
counterpart.
Section 6.09. Applicable Law. This Agreement shall be governed exclusively by and
construed in accordance with the applicable laws of the State of Florida.
Section 6.10. No Personal Liability. Notwithstanding anything to the contrary
contained herein or in the 2014 Note, or in any other instrument or document executed by or on
behalf of the City in connection herewith, no stipulation, covenant, agreement or obligation of
any present or future member of the City Council, officer, employee or agent of the City, officer,
employee or agent of a successor to the City, in any such person's individual capacity, shall
cause such person to be liable personally for any breach or non - observance of or for any failure
to perform, fulfill or comply with any such stipulations, covenants, agreements or obligations,
nor shall any recourse be had for the payment of the principal of or interest on the 2014 Note or
for any claim based thereon or on any such stipulation, covenant, agreement or obligation,
against any such person, in his or her individual capacity, either directly or through the City or
any successor to the City, under any rule or law or equity, statute or constitution or by the
enforcement of any assessment or penalty or otherwise and all such liability of any such person,
in his or her individual capacity, is hereby expressly waived and released.
Section 6.11. Incorporation by Reference. All of the terms and obligations of the
Resolution are hereby incorporated herein by reference as if all of the foregoing were fully set
forth in this Agreement. All recitals appearing at the beginning of this Agreement are hereby
incorporated herein by reference.
{280047172; 13
[Signature Page for LOAN A GREEMENT
dated as of February , 2014 between
the City of Cape Canaveral, FL and Hancock Bank]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed as of the date first set forth herein.
ATTEST:
City Clerk
By:_
Mayor
1 ;
Steven E. Cole
Title: Senior Vice President
{280047172) 14
10.1 5" 111110,
� @ @'
PRIOR TO BECOMING A HOLDER, A PROPOSED PURCHASER SHALL
EXECUTE A PURCHASER'S CERTIFICATE IN THE FORM ATTACHED HERETO
CERTIFYING, AMONG OTHER THINGS, THAT SUCH HOLDER IS AN "ACCREDITED
INVESTOR" AS SUCH TERM IS DEFINED IN THE SECURITIES ACT OF 1933, AS
AMENDED, AND REGULATION D THEREUNDER.
SERIES 2014
Principal Sum Maturity Note Rate
Date of Issuance
$ February 1, 2024 1.99% February , 2014
The CITY OF CAPE CANAVERAL, FLORIDA (the "City "), for value received, hereby
promises to pay, solely from the sources described in the within mentioned Agreement, to the
order of HANCOCK BANK, a Mississippi state banking corporation, or its assigns (the
"Holder "), at , or at such place as the
Holder may from time to time designate in writing, the Principal Sum, such principal to be paid
in installments on each February 1 in the amounts set forth on Exhibit "A" hereto, with all
unpaid principal and interest due in full on the above referenced Maturity Date, and to pay
interest on the outstanding principal amount hereof from the most recent date to which interest
has been paid or provided for, or if no interest has been paid, from the Date of Issuance shown
above, on February 1 and August 1 of each year (each, a "Payment Date "), commencing on
August 1, 2014, until payment of said principal sum has been made or provided for, at the above
referenced Note Rate calculated on the basis of 12, 30 -day months and a 360 -day year.
Payments due hereunder shall be payable in any coin or currency of the United States of America
which, at the time of payment, is legal tender for the payment of public and private debts, which
payments shall be made to the Holder hereof by check mailed to the Holder at the address
designated in writing by the Holder for purposes of payment or by bank wire or bank transfer as
such Holder may specify in writing to the City or otherwise as the City and the Holder may
agree.
The 2014 Note Rate may be adjusted in accordance with Sections 3.03 of that certain
Loan Agreement by and between the Holder and the City, dated as of February , 2014 (the
"Agreement'). Such adjustments may be retroactive.
This 2014 Note is issued for the purpose of providing the City funds to construct various
capital improvements including a city hall, a fire station and refurbishment of a wastewater
treatment plant under the authority of and in full compliance with the Constitution and Statutes
of the State of Florida, including particularly Chapter 166, Florida Statutes Ordinance No 03-
2014 of the City and other applicable provisions of law, and Resolution No. , adopted by
the City Council (the "Council ") on February 18, 2014, and the Agreement.
{28004717;2; Exhibit A -1
This 2014 Note is a limited, special obligation of the City, payable from and secured
solely by a lien upon and pledge of the Pledged Revenues, as defined and described and in the
manner provided in the Agreement.
All capitalized terms not otherwise defined herein shall have the meanings ascribed to
such terms in the Agreement.
This 2014 Note may be prepaid by the City in whole, but not in part, on any date as
provided in the Agreement from any legally available monies at a prepayment price of 100% of
the principal amount to be redeemed without any prepayment penalty or fee, plus accrued
interest to the prepayment date. This 2014 Note may be prepaid in part on any February I as
provided in the Agreement from any legally available monies at a prepayment price of 100% of
the principal amount to be redeemed, without any prepayment penalty or fee plus accrued
interest to the prepayment date. Any prepayments shall be applied as provided in Section 3.02(c)
of the Agreement.
Notice having been given as provided in the Agreement, the principal amount to be
prepaid shall become due and payable on the prepayment date stated in such notice, together
with interest accrued and unpaid to the prepayment date on such principal amount; and the
amount of principal and interest then due and payable shall be paid upon presentation and
surrender of this 2014 Note to the office of the Registrar. If, on the prepayment date, funds for
the payment of the principal amount, together with interest to the prepayment date on such
principal amount, shall have been given to the Holder, as above provided, then from and after the
prepayment date interest on such principal amount of this 2014 Note shall cease to accrue.
Notwithstanding any provision in this 2014 Note to the contrary, in no event shall the
interest contracted for, charged or received in connection with this 2014 Note (including any
other costs or considerations that constitute interest under the laws of the State of Florida which
are contracted for, charged or received) exceed the maximum rate of nonusurious interest
allowed under the State of Florida as presently in effect and to the extent an increase is allowable
by such laws, but in no event shall any amount ever be paid or payable by the City greater than
the amount contracted for herein. In the event the maturity of this 2014 Note is prepaid in
accordance with the provisions hereof, the Agreement or the Resolution, then such amounts that
constitute payments of interest, together with any costs or considerations which constitute
interest under the laws of the State of Florida, may never exceed an amount which would result
in payment of interest at a rate in excess of that permitted by Section 215.84(3), Florida Statutes,
as presently in effect and to the extent an increase is allowable by such laws; and excess interest,
if any, shall be cancelled automatically as of the date of such prepayment, or, if theretofore paid,
shall be credited on the principal amount of this 2014 Note unpaid, but such crediting shall not
cure or waive any default under the Agreement or Resolution.
THIS 2014 NOTE SHALL NOT BE OR CONSTITUTE AN INDEBTEDNESS OF THE
CITY OR THE STATE OF FLORIDA (THE "STATE"), WITHIN THE MEANING OF ANY
CONSTITUTIONAL, STATUTORY OR CHARTER LIMITATIONS OF INDEBTEDNESS,
BUT SHALL BE PAYABLE SOLELY FROM THE PLEDGED REVENUES, AS PROVIDED
IN THE AGREEMENT AND THE RESOLUTION. THE HOLDER SHALL NEVER HAVE
THE RIGHT TO COMPEL THE EXERCISE OF THE AD VALOREM TAXING POWER OF
f28004717;21j Exhibit A-2
THE CITY, OR TAXATION IN ANY FORM OF ANY PRO.
2014 NOTE OR ' •
Upon the occurrence of an Event of Default the Holder of the 2014 Note shall also have
such remedies as described in the Agreement.
The City hereby waives presentment, demand, protest and notice of dishonor. This 2014
Note is governed and controlled by the Agreement and reference is hereby made thereto
regarding interest rate adjustments and other matters.
{28004717;2} Exhibit A -3
IN WITNESS WHEREOF, the City has caused this 2014 Note to be signed by its Mayor
by his manual signature, and the seal of the City to be affixed hereto or imprinted or reproduced
hereon, and attested by a City Clerk of the City manually, and this 2014 Note to be dated the
Date of Issuance set forth above.
[SEAL]
ATTEST:
By:
City Clerk
Mayor
{28004717t2; Exhibit A -4
FORM OF CERTIFICATE OF AUTHENTICATION
Date of Authentication:
This 2014 Note is being delivered pursuant to the within mentioned Agreement.
CITY OF CAPE CANAVERAL, FLORIDA,
as Registrar
IM
City Clerk
{280047172; Exhibit A -5
By:
{28004717,2) Exhibit A -6
EXHIBIT A
NOTE - PRINCIPAL REPAYMENT SCHEDULE
Year Amount
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
{28004717;2; Exhibit A -7
PURCHASER'S CERTIFICATE
i��M'
We hereby make the following representations, which representations may be relied upon
by the City:
R
Jill
III I I I i I MI III I I IIII
(iii) that the principal or premium, if any, and interest on the 2014 Note is
payable solely from the Pledged Revenues as specified in the Resolution and the
Agreement.
C. In purchasing the 2014 Note, we have relied solely upon our own investigation,
examination, and evaluation of the City, the Pledged Revenues and other relevant
matters.
(28004717-12) B-1
D. We have knowledge and experience in financial and business matters and are
capable of evaluating the merits and risks of our investment in the 2014 Note and
have determined that we can bear the economic risk of our investment in the 2014
Note.
E. We acknowledge the understanding that the 2014 Note is not registered under the
Securities Act of 1933, as amended (the "1933 Act") or Chapter 517, Florida
Statutes, and that the Resolution and Agreement are not qualified under the Trust
Indenture Act of 1939, as amended, and that the City has no obligation to effect
any such registration or qualification.
are not acting as a bond house, broker or other intermediary, in our purchas,i
of the 2014 Note. Although we retain the right to transfer the 2014 Note in thi
future, we understand that the 2014 Note may not be readily tradable.
G. We have received all documents requested by us incident to our purchase of the
2014 Note.
H. We acknowledge that we are an "accredited investor" within the meaning of
Chapter 517, Florida Statutes and Regulation D of the 1933 Act.
M
t28004717,,21 B-2
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 02/18/2014
Item No.
Subject: Ordinance No. 04 -2014; repealing Articles II and III of Chapter 90 of the Cape
Canaveral Code of Ordinances relating to flood damage prevention and floodplain
protection; adopting a new Article II of Chapter 90 entitled "Floodplain Management"
amending Chapter 82, Buildings and Building Regulations to create a new Article VI
entitled "Local Amendments to the Florida Building Code" adopting local amendments to
the Florida Building Code to implement the National Flood Insurance Program;
providing for the repeal of prior, inconsistent ordinances and resolutions; incorporation
into the Code; severability; and an effective date, second reading.
nt: Community and Economic Development
Summary:
The Federal Emergency Management Agency (FEMA) identifies Special Flood Hazard
Areas (SFHA's) within the boundaries of each jurisdiction. These are areas that may be
subject to periodic inundation which may result 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.
The City of Cape Canaveral has historically participated in the National Flood Insurance
Program (NFIP) and last year was awarded an improved rating, from an "8" to a 7".
Flood insurance policyholders in the City enjoy premium discounts as a result. For this
reason, Staff desires to continue to meet the requirements of the Federal Regulations
necessary for such participation. The State now requires that local jurisdictions adopt a
Model Flood Protection Ordinance, or substantially similar Ordinance. These revisions
are intended to mesh with Flood Protection Codes adopted in the 2010 Florida Building
Code.
The attached Ordinance is based on the Model Code with the non - conflicting provisions
of existing Chapter 90 (Floods) remaining, where possible. Certain local administrative
amendments to the Florida Building Code were required and are reflected within the
Ordinance. Staff at the Florida Division of Emergency Management has reviewed this
Ordinance and indicated that it meets the requirements of the NFIP.
Ordinance No. 04 -2014 was approved at first reading on January 21, 2013. The Notice
of Public Hearing was advertised in Florida Today on January 30, 2014.
,TM/AA 61 A
Submitting Directors: Todd Morley and Glenn Pereno Date: 1/29/2014
Attachment: Ordinance No. 04 -2014
Financial Impact: Cost of Ordinance /Agenda item preparation, advertisement and
Codification. J �' s
Reviewed by FI. ^.a. ^.ce Director: John DeLeo Date:
City Council Meeting Date: 2/18/2014
Item No.
Page 2 of 2
The City Manager recommends that City Council take the following action:
Adopt Ordinance No. 04 -2014, second reading.
Approved by City Manager: David L. Greene Date: lel
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
ORDINANCE NO. 04 -2014
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
REPEALING ARTICLES II AND III OF CHAPTER 90 OF THE
CAPE CANAVERAL CODE OF ORDINANCES RELATING TO
FLOOD DAMAGE PREVENTION AND FLOODPLAIN
PROTECTION; ADOPTING A NEW ARTICLE II OF
CHAPTER 90 ENTITLED " FLOODPLAIN MANAGEMENT;"
AMENDING CHAPTER 82, BUILDINGS AND BUILDING
REGULATIONS TO CREATE A NEW ARTICLE VI ENTITLED
"LOCAL AMENDMENTS TO THE FLORIDA BUILDING
CODE;" ADOPTING LOCAL AMENDMENTS TO THE
FLORIDA BUILDING CODE TO IMPLEMENT THE
NATIONAL FLOOD INSURANCE PROGRAM; PROVIDING
FOR THE REPEAL OF PRIOR, INCONSISTENT
ORDINANCES AND RESOLUTIONS; INCORPORATION
INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, the Legislature of the State of Florida has, in Chapter 166 — Municipalities,
Florida Statutes, conferred upon local governments the authority to adopt regulations designed
to promote the public health, safety, and general welfare of its citizenry; and
WHEREAS, the Federal Emergency Management Agency has identified special flood
hazard areas within the boundaries of City of Cape Canaveral and such areas may be subject to
periodic inundation which may result 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; and
WHEREAS, the City of Cape Canaveral was accepted for participation in the National
Flood Insurance Program on September 29, 1972 and the City Council desires to continue to
meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary
for such participation; and
WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to
provide a mechanism for the uniform adoption, updating, amendment, interpretation and
enforcement of a state building code, called the Florida Building Code; and
WHEREAS, section 553.73(5), Florida Statutes, allows adoption of local administrative
amendments to the Florida Building Code to implement the National Flood Insurance Program;
and
WHEREAS, the City Council has determined that it is in the public interest to adopt the
proposed floodplain management regulations that are coordinated with the Florida Building
Code and to require accumulation of costs of improvements and repairs of buildings, based on
issued building permits, over a 10 -year period for buildings and structures in flood hazard areas
for the purpose of participating in the National Flood Insurance Program's Community Rating
System and, pursuant to section 553.73(5), Florida Statutes, is formatting that requirement to
City of Cape Canaveral
Ordinance No. 04 -2014
Page 1 of 30
coordinate with the Florida Building Code; and
WHEREAS, the City Council is adopting a requirement to increase the minimum
elevation requirement for buildings and structures in flood hazard areas and, pursuant to section
553.73(5), Florida Statutes, is formatting that requirement to coordinate with the Florida Building
Code; 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.
NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS
FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of
Cape Canaveral.
Section 2. Repeal of Articles II and III, Chapter 90 of the City Code. The City Council of
the City of Cape Canaveral hereby repeals, in their entirety, Article II, Flood Damage
Prevention, and Article III, Floodplain Protection, of Chapter 90, Floods, of the Cape Canaveral
Code of Ordinances. A complete copy of Articles II and lll, Chapter 90 is attached hereto as
Exhibit 'A" for references purposes only.
Section 3. Adoption of New Article II, Chapter 90, "Floodplain Management." The City
Council of the City of Cape Canaveral hereby adopts the following as Article II of Chapter 90 of
the Cape Canaveral Code of Ordinances:
ARTICLE II. FLOODPLAIN MANAGEMENT
DIVISION 1. ADMINISTRATION
PART A. GENERAL
Sec. 90 -26. Title. This Article shall be known as the Floodplain Management Ordinance of the
City of Cape Canaveral.
Sec. 90 -27. Scope. The provisions of this Article shall apply to all development that is wholly
within or partially within any flood hazard area, including but not limited to the subdivision of land;
filling, grading, and other site improvements and utility installations; construction, alteration,
remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings,
structures, and facilities that are exempt from the Florida Building Code; placement, installation, or
replacement of manufactured homes and manufactured buildings; installation or replacement of
tanks; placement of recreational vehicles; installation of swimming pools; and any other
development.
Section 90 -28. Intent. The purposes of this Article and the flood load and flood resistant
construction requirements of the Florida Building Code are to establish minimum requirements
to safeguard the public health, safety, and general welfare and to minimize public and private
losses due to flooding through regulation of development in flood hazard areas to:
City of Cape Canaveral
Ordinance No. 04 -2014
Page 2 of 30
(a) Minimize unnecessary disruption of commerce, access and public service during
times of flooding;
(b) Require the use of appropriate construction practices in order to prevent or
minimize future flood damage;
( c) Manage filling, grading, dredging, mining, paving, excavation, drilling operations,
storage of equipment or materials, and other development which may increase flood
damage or erosion potential;
(d) Manage the alteration of flood hazard areas, watercourses, and shorelines to
minimize the impact of development on the natural and beneficial functions of the
floodplain;
(e) Minimize damage to public and private facilities and utilities;
(f) Help maintain a stable tax base by providing for the sound use and development
of flood hazard areas;
(g) Minimize the need for future expenditure of public funds for flood control projects
and response to and recovery from flood events; and
(h) Meet the requirements of the National Flood Insurance Program for community
participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22.
Sec. 90 -29. Coordination with the Florida Building Code. This Article is intended to be
administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE
24 refers to the edition of the standard that is referenced by the Florida Building Code.
Sec. 90 -30. Warning. The degree of flood protection required by this Article and the Florida
Building Code, as amended by the City, is considered the minimum reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will
occur. Flood heights may be increased by man -made or natural causes. This Article does not imply
that land outside of mapped special flood hazard areas, or that uses permitted within such flood
hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood
elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and
the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised
by the Federal Emergency Management Agency, requiring the City to revise these regulations to
remain eligible for participation in the National Flood Insurance Program. No guaranty of vested
use, existing use, or future use is implied or expressed by compliance with this Article.
Sec. 90 -31. Disclaimer of Liability. This Article shall not create liability on the part of the City
Council of the City of Cape Canaveral or any officer or employee thereof for any flood damage
that results from reliance on this Article or any administrative decision lawfully made thereunder.
PART B. APPLICABILITY
Sec. 90 -32. General. Where there is a conflict between a general requirement and a specific
requirement, the specific requirement shall be applicable.
Sec. 90 -33. Areas to which this Article applies. This Article shall apply to all flood hazard
areas within the City of Cape Canaveral, as established in section 90 -34.
Sec. 90 -34. Basis for establishing flood hazard areas. The Flood Insurance Study for
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Brevard County, Florida and Incorporated Areas dated March 17, 2014, and all subsequent
amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all
subsequent amendments and revisions to such maps, are adopted by reference as a part of this
Article and shall serve as the minimum basis for establishing flood hazard areas. Studies and
maps that establish flood hazard areas are on file at City Hall.
Sec. 90 -35. Submission of additional data to establish flood hazard areas. To establish
flood hazard areas and base flood elevations, pursuant to Part E of this Division, the Floodplain
Administrator may require submission of additional data. Where field surveyed topography
prepared by a Florida licensed professional surveyor or digital topography accepted by the City
indicates that ground elevations:
(a) Are below the closest applicable base flood elevation, even in areas not
delineated as a special flood hazard area on a FIRM, the area shall be considered as
flood hazard area and subject to the requirements of this ordinance and, as applicable,
the requirements of the Florida Building Code.
(b) Are above the closest applicable base flood elevation, the area shall be regulated
as special flood hazard area unless the applicant obtains a Letter of Map Change that
removes the area from the special flood hazard area.
Sec. 90 -36. Other laws. The provisions of this Article shall not be deemed to nullify any
provisions of local, state or federal law.
Sec. 90 -37. Abrogation and greater restrictions. This Article supersedes any ordinance in
effect for management of development in flood hazard areas. However, it is not intended to
repeal or abrogate any existing ordinances including but not limited to land development
regulations, zoning ordinances, stormwater management regulations, or the Florida Building
Code. In the event of a conflict between this Article and any other ordinance, the more
restrictive shall govern. This Article shall not impair any deed restriction, covenant or easement,
but any land that is subject to such interests shall also be governed by this Article.
Sec. 90 -38. Interpretation. In the interpretation and application of this Article, all provisions
shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the City; and
( c) Deemed neither to limit nor repeal any other powers granted under state
statutes.
PART C. DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR
Sec. 90 -39. Designation. The Building Official is designated as the Floodplain Administrator.
The Floodplain Administrator may delegate performance of certain duties to other employees.
Sec. 90 -40. General. The Floodplain Administrator is authorized and directed to administer and
enforce the provisions of this Article. The Floodplain Administrator shall have the authority to
render interpretations of this Article consistent with the intent and purpose of this Article and may
establish policies and procedures in order to clarify the application of its provisions. Such
interpretations, policies, and procedures shall not have the effect of waiving requirements
specifically provided in this Article without the granting of a variance pursuant to Part G of this
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Division.
Sec. 90 -41. Applications and permits. The Floodplain Administrator, in coordination with
other pertinent offices of the City, shall:
(a) Review applications and plans to determine whether proposed new development
will be located in flood hazard areas;
(b) Review applications for modification of any existing development in flood hazard
areas for compliance with the requirements of this Article;
( c) Interpret flood hazard area boundaries where such interpretation is necessary to
determine the exact location of boundaries; a person contesting the determination shall
have the opportunity to appeal the interpretation;
(d) Provide available flood elevation and flood hazard information;
( e) Determine whether additional flood hazard data shall be obtained from other
sources or shall be developed by an applicant;
(f) Review applications to determine whether proposed development will be
reasonably safe from flooding;
(g) Issue floodplain development permits or approvals for development other than
buildings and structures that are subject to the Florida Building Code, including
buildings, structures and facilities exempt from the Florida Building Code, when
compliance with this Article is demonstrated, or disapprove the same in the event of
noncompliance; and
(h) Coordinate with and provide comments to the Building Official to assure that
applications, plan reviews, and inspections for buildings and structures in flood hazard
areas comply with the applicable provisions of this Article.
Sec. 90 -42. Substantial improvement and substantial damage determinations. For
applications for building permits to improve buildings and structures, including alterations,
movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations,
renovations, substantial improvements, repairs of substantial damage, and any other
improvement of or work on such buildings and structures, the Floodplain Administrator, in
coordination with the Building Official, shall:
(a) Estimate the market value, or require the applicant to obtain an appraisal of the
market value prepared by a qualified independent appraiser, of the building or structure
before the start of construction of the proposed work; in the case of repair, the market
value of the building or structure shall be the market value before the damage occurred
and before any repairs are made;
(b) Compare the cost to perform the improvement, the cost to repair a damaged
building to its pre- damaged condition, or the combined costs of improvements and
repairs, if applicable, to the market value of the building or structure;
( c) Determine and document whether the proposed work constitutes substantial
improvement or repair of substantial damage; the determination requires evaluation of
previous permits issued for improvements and repairs as specified in the definition of
"substantial improvement" and
(d) Notify the applicant if it is determined that the work constitutes substantial
improvement or repair of substantial damage and that compliance with the flood
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resistant construction requirements of the Florida Building Code and this Article is
required.
Sec. 90 -43. Modifications of the strict application of the requirements of the Florida
Building Code. The Floodplain Administrator shall review requests submitted to the Building
Official that seek approval to modify the strict application of the flood load and flood resistant
construction requirements of the Florida Building Code to determine whether such requests
require the granting of a variance pursuant to Part G of this Division.
Sec. 90 -44. Notices and orders. The Floodplain Administrator shall coordinate with
appropriate local agencies for the issuance of all necessary notices or orders to ensure
compliance with this Article.
Sec. 90 -45. Inspections. The Floodplain Administrator shall make the required inspections as
specified in Part F of this Division for development that is not subject to the Florida Building
Code, including buildings, structures and facilities exempt from the Florida Building Code. The
Floodplain Administrator shall inspect flood hazard areas to determine if development is
undertaken without issuance of a permit.
Sec. 90 -46. Other Duties of the Floodplain Administrator. The Floodplain Administrator
shall have other duties, including but not limited to:
(a) Establish, in coordination with the Building Official, procedures for administering
and documenting determinations of substantial improvement and substantial damage
made pursuant to section 90 -42;
(b) Require that applicants proposing alteration of a watercourse notify adjacent
communities and the Florida Division of Emergency Management, State Floodplain
Management Office, and submit copies of such notifications to the Federal Emergency
Management Agency (FEMA);
( c) Require applicants who submit hydrologic and hydraulic engineering analyses to
support permit applications to submit to FEMA the data and information necessary to
maintain the Flood Insurance Rate Maps if the analyses propose to change base flood
elevations, flood hazard area boundaries, or floodway designations; such submissions
shall be made within 6 months of such data becoming available;
(d) Review required design certifications and documentation of elevations specified
by this Article and the Florida Building Code and this Article to determine that such
certifications and documentations are complete;
( e) Notify the Federal Emergency Management Agency when the corporate
boundaries of the City of Cape Canaveral are modified; and
(f) Advise applicants for new buildings and structures, including substantial
improvements that are located in any unit of the Coastal Barrier Resources System
established by the Coastal Barrier Resources Act (Pub. L. 97 -348) and the Coastal
Barrier Improvement Act of 1990 (Pub. L. 101 -591) that federal flood insurance is not
available on such construction; areas subject to this limitation are identified on Flood
Insurance Rate Maps as "Coastal Barrier Resource System Areas" and "Otherwise
Protected Areas."
Sec. 90 -47. Floodplain management records. Regardless of any limitation on the period
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required for retention of public records, the Floodplain Administrator shall maintain and
permanently keep and make available for public inspection all records that are necessary for the
administration of this Article and the flood resistant construction requirements of the Florida
Building Code, including Flood Insurance Rate Maps; Letters of Change; records of issuance of
permits and denial of permits; determinations of whether proposed work constitutes substantial
improvement or repair of substantial damage; required design certifications and documentation
of elevations specified by the Florida Building Code and this Article; notifications to adjacent
communities, FEMA, and the state related to alterations of watercourses; assurances that the
flood carrying capacity of altered watercourses will be maintained; documentation related to
appeals and variances, including justification for issuance or denial; and records of enforcement
actions taken pursuant to this Article and the flood resistant construction requirements of the
Florida Building Code. These records shall be available for public inspection at City Hall.
PART D. PERMITS
Sec. 90 -48. Permits required. Any owner or owner's authorized agent (hereinafter "applicant ")
who intends to undertake any development activity within the scope of this Article, including
buildings, structures and facilities exempt from the Florida Building Code, which is wholly within
or partially within any flood hazard area shall first make application to the Floodplain
Administrator, and the Building Official if applicable, and shall obtain the required permit(s) and
approval(s). No such permit or approval shall be issued until compliance with the requirements of
this Article and all other applicable codes and regulations has been satisfied.
Sec. 90 -49. Floodplain development permits or approvals. Floodplain development permits or
approvals shall be issued pursuant to this Article for any development activities not subject to the
requirements of the Florida Building Code, including buildings, structures and facilities exempt
from the Florida Building Code. Depending on the nature and extent of proposed development
that includes a building or structure, the Floodplain Administrator may determine that a floodplain
development permit or approval is required in addition to a building permit.
Sec. 90 -50. Buildings, structures and facilities exempt from the Florida Building Code.
Pursuant to the requirements of federal regulation for participation in the National Flood
Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development permits or
approvals shall be required for the following buildings, structures and facilities that are exempt
from the Florida Building Code and any further exemptions provided by law, which are subject to
the requirements of this Article:
(a) Railroads and ancillary facilities associated with the railroad.
(b) Nonresidential farm buildings on farms, as provided in section 604.50, Florida
Statutes.
( c) Temporary buildings or sheds used exclusively for construction purposes.
(d) Mobile or modular structures used as temporary offices.
( e) Those structures or facilities of electric utilities, as defined in section 366.02,
Florida Statutes, which are directly involved in the generation, transmission, or
distribution of electricity.
(f) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the
Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open -
sided wooden but that has a thatched roof of palm or palmetto or other traditional
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materials, and that does not incorporate any electrical, plumbing, or other non -wood
features.
(g) Family mausoleums not exceeding 250 square feet in area which are
prefabricated and assembled on site or preassembled and delivered on site and have
walls, roofs, and a floor constructed of granite, marble, or reinforced concrete.
(h) Temporary housing provided by the Department of Corrections to any prisoner in
the state correctional system.
(i) Structures identified in section 553.73(10)(k), Florida Statutes, are not exempt
from the Florida Building Code if such structures are located in flood hazard areas
established on Flood Insurance Rate Maps.
Sec. 90 -51. Application for a permit or approval. To obtain a floodplain development permit
or approval the applicant shall first file an application in writing on a form furnished by the City.
The information provided shall:
(a) Identify and describe the development to be covered by the permit or approval.
(b) Describe the land on which the proposed development is to be conducted by
legal description, street address or similar description that will readily identify and
definitively locate the site.
( c) Indicate the use and occupancy for which the proposed development is intended.
(d) Be accompanied by a site plan or construction documents as specified in Part E
of this Division.
( e) State the valuation of the proposed work.
(f) Be signed by the applicant or the applicant's authorized agent.
(g) Give such other data and information as required by the Floodplain
Administrator.
Sec. 90 -52. Validity of permit or approval. The issuance of a floodplain development permit or
approval pursuant to this Article shall not be construed to be a permit for, or approval of, any
violation of this Article, the Florida Building Codes, or any other ordinance of this City. The
issuance of permits based on submitted applications, construction documents, and information
shall not prevent the Floodplain Administrator from requiring the correction of errors and
omissions.
Sec. 90 -53. Expiration. A floodplain development permit or approval shall become invalid
unless the work authorized by such permit is commenced within 180 days after its issuance, or
if the work authorized is suspended or abandoned for a period of 180 days after the work
commences. Extensions for periods of not more than 180 days each shall be requested in
writing and justifiable cause shall be demonstrated.
Sec. 90 -54. Suspension or revocation. The Floodplain Administrator is authorized to suspend
or revoke a floodplain development permit or approval if the permit was issued in error, on the
basis of incorrect, inaccurate or incomplete information, or in violation of this Article or any other
ordinance, regulation or requirement of the City.
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Sec. 90 -55. Other permits required. Floodplain development permits and building permits
shall include a condition that all other applicable state or federal permits be obtained before
commencement of the permitted development, including but not limited to the following:
(a) The St. Johns River Water Management District; section 373.036, Florida
Statutes.
(b) Florida Department of Health for onsite sewage treatment and disposal systems;
section 381.0065, Florida Statutes, and Chapter 64E -6, Florida Administrative Code.
( c) Florida Department of Environmental Protection for construction, reconstruction,
changes, or physical activities for shore protection or other activities seaward of the
coastal construction control line; section 161.141, Florida Statutes.
(d) Florida Department of Environmental Protection for activities subject to the Joint
Coastal Permit; section 161.055, Florida Statutes.
( e) Florida Department of Environmental Protection for activities that affect wetlands
and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers;
Section 404 of the Clean Water Act.
(f) Federal permits and approvals.
PART E. SITE PLANS AND CONSTRUCTION DOCUMENTS
Sec. 90 -56. Information for development in flood hazard areas. The site plan or
construction documents for any development subject to the requirements of this Article shall be
drawn to scale and shall include, as applicable to the proposed development:
(a) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base
flood elevation(s), and ground elevations if necessary for review of the proposed
development.
(b) Where base flood elevations, or floodway data are not included on the FIRM or in
the Flood Insurance Study, they shall be established in accordance with section 90 -57(b)
and ( c).
( c) Where the parcel on which the proposed development will take place will have
more than 50 lots or is larger than 5 acres and the base flood elevations are not included
on the FIRM or in the Flood Insurance Study, such elevations shall be established in
accordance with section 90- 57(a).
(d) Location of the proposed activity and proposed structures, and locations of
existing buildings and structures; in coastal high hazard areas, new buildings shall be
located landward of the reach of mean high tide.
( e) Location, extent, amount, and proposed final grades of any filling, grading, or
excavation.
(f) Where the placement of fill is proposed, the amount, type, and source of fill
material; compaction specifications; a description of the intended purpose of the fill
areas; and evidence that the proposed fill areas are the minimum necessary to achieve
the intended purpose.
(g) Delineation of the Coastal Construction Control Line or notation that the site is
seaward of the coastal construction control line, if applicable.
(h) Extent of any proposed alteration of sand dunes or mangrove stands provided
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such alteration is approved by the Florida Department of Environmental Protection.
(i) Existing and proposed alignment of any proposed alteration of a watercourse.
The Floodplain Administrator is authorized to waive the submission of site plans, construction
documents, and other data that are required by this Article but that are not required to be
prepared by a registered design professional if it is found that the nature of the proposed
development is such that the review of such submissions is not necessary to ascertain
compliance with this Article.
Sec. 90 -57. Information in flood hazard areas without base flood elevations (approximate
Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data
have not been provided, the Floodplain Administrator shall:
(a) Require the applicant to include base flood elevation data prepared in
accordance with currently accepted engineering practices.
(b) Obtain, review, and provide to applicants base flood elevation and floodway data
available from a federal or state agency or other source or require the applicant to obtain
and use base flood elevation and floodway data available from a federal or state agency
or other source.
( c) Where base flood elevation and floodway data are not available from another
source, where the available data are deemed by the Floodplain Administrator to not
reasonably reflect flooding conditions, or where the available data are known to be
scientifically or technically incorrect or otherwise inadequate:
(1) Require the applicant to include base flood elevation data prepared in
accordance with currently accepted engineering practices; or
(2) Specify that the base flood elevation is three (3) feet above the highest
adjacent grade at the location of the development, provided there is no evidence
indicating flood depths have been or may be greater than three (3) feet.
(d) Where the base flood elevation data are to be used to support a Letter of Map
Change from FEMA, advise the applicant that the analyses shall be prepared by a
Florida licensed engineer in a format required by FEMA, and that it shall be the
responsibility of the applicant to satisfy the submittal requirements and pay the
processing fees.
Sec. 90 -58. Additional analyses and certifications. As applicable to the location and nature
of the proposed development activity, and in addition to the requirements of this Part, the
applicant shall have the following analyses signed and sealed by a Florida licensed engineer for
submission with the site plan and construction documents:
(a) For development activities proposed to be located in a regulatory floodway, a
floodway encroachment analysis that demonstrates that the encroachment of the
proposed development will not cause any increase in base flood elevations; where the
applicant proposes to undertake development activities that do increase base flood
elevations, the applicant shall submit such analysis to FEMA as specified in section 90-
59 and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the
site plan and construction documents.
(b) For development activities proposed to be located in a riverine flood hazard area
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for which base flood elevations are included in the Flood Insurance Study or on the
FIRM and floodways have not been designated, hydrologic and hydraulic analyses that
demonstrate that the cumulative effect of the proposed development, when combined
with all other existing and anticipated flood hazard area encroachments, will not increase
the base flood elevation more than one (1) foot at any point within the City. This
requirement does not apply in isolated flood hazard areas not connected to a riverine
flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.
( c) For alteration of a watercourse, an engineering analysis prepared in accordance
with standard engineering practices which demonstrates that the flood- carrying capacity
of the altered or relocated portion of the watercourse will not be decreased, and
certification that the altered watercourse shall be maintained in a manner which
preserves the channel's flood- carrying capacity; the applicant shall submit the analysis to
FEMA as specified in section 90 -59.
(d) For activities that propose to alter sand dunes or mangrove stands in coastal
high hazard areas (Zone V), an engineering analysis that demonstrates that the
proposed alteration will not increase the potential for flood damage.
Sec. 90 -59. Submission of additional data. When additional hydrologic, hydraulic or other
engineering data, studies, and additional analyses are submitted to support an application, the
applicant has the right to seek a Letter of Map Change from FEMA to change the base flood
elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on
FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared
by a Florida licensed engineer in a format required by FEMA. Submittal requirements and
processing fees shall be the responsibility of the applicant.
PART F. INSPECTIONS
Sec. 90 -60. General. Development for which a floodplain development permit or approval is
required shall be subject to inspection.
Sec. 90 -61. Development other than buildings and structures. The Floodplain
Administrator shall inspect all development to determine compliance with the requirements of
this Article and the conditions of issued floodplain development permits or approvals.
Sec. 90 -62. Buildings, structures and facilities exempt from the Florida Building Code.
The Floodplain Administrator shall inspect buildings, structures and facilities exempt from the
Florida Building Code to determine compliance with the requirements of this Article and the
conditions of issued floodplain development permits or approvals.
Sec. 90 -63. Buildings, structures and facilities exempt from the Florida Building Code,
lowest floor inspection. Upon placement of the lowest floor, including basement, and prior to
further vertical construction, the owner of a building, structure or facility exempt from the Florida
Building Code, or the owner's authorized agent, shall submit to the Floodplain Administrator:
(a) If a design flood elevation was used to determine the required elevation of the
lowest floor, the certification of elevation of the lowest floor prepared and sealed by a
Florida licensed professional surveyor; or
(b) If the elevation used to determine the required elevation of the lowest floor was
determined in accordance with section 90 -57( c)(2), the documentation of height of the
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lowest floor above highest adjacent grade, prepared by the owner or the owner's
authorized agent.
Sec. 90 -64. Buildings, structures and facilities exempt from the Florida Building Code,
final inspection. As part of the final inspection, the owner or owner's authorized agent shall
submit to the Floodplain Administrator a final certification of elevation of the lowest floor or final
documentation of the height of the lowest floor above the highest adjacent grade; such
certifications and documentations shall be prepared as specified in section 90 -63.
Sec. 90 -65. Manufactured homes. The Building Official shall inspect manufactured homes
that are installed or replaced in flood hazard areas to determine compliance with the
requirements of this Article and the conditions of the issued permit. Upon placement of a
manufactured home, certification of the elevation of the lowest floor shall be submitted to the
Building Official.
PART G. VARIANCES AND APPEALS
Sec. 90 -66. General. The Construction Board of Adjustments and Appeals shall hear and
decide on requests for appeals and requests for variances from the strict application of this
Article. Pursuant to section 553.73(5), Florida Statutes, the Construction Board of Adjustments
and Appeals shall hear and decide on requests for appeals and requests for variances from the
strict application of the flood resistant construction requirements of the Florida Building Code.
This section does not apply to Section 3109 of the Florida Building Code, Building.
Sec. 90 -67. Appeals. The Construction Board of Adjustments and Appeals shall hear and
decide appeals when it is alleged there is an error in any requirement, decision, or
determination made by the Floodplain Administrator in the administration and enforcement of
this Article. Every decision of the Construction Board of Adjustments and Appeals shall be final,
subject however to such remedy as any aggrieved party might have at law or in equity.
Sec. 90 -68. Limitations on authority to grant variances. The Construction Board of
Adjustments and Appeals shall base its decisions on variances on technical justifications
submitted by applicants, the considerations for issuance in section 90 -72, the conditions of
issuance set forth in section 90 -73, and the comments and recommendations of the Floodplain
Administrator and the Building Official. The Construction Board of Adjustments and Appeals
has the right to attach such conditions as it deems necessary to further the purposes and
objectives of this Article.
Sec. 90 -69. Restrictions in floodways. A variance shall not be issued for any proposed
development in a floodway if any increase in base flood elevations would result, as evidenced
by the applicable analyses and certifications required in section 90 -58.
Sec. 90 -70. Historic buildings. A variance is authorized to be issued for the repair,
improvement, or rehabilitation of a historic building that is determined eligible for the exception
to the flood resistant construction requirements of the Florida Building Code, Existing Building,
Chapter 11 Historic Buildings, upon a determination that the proposed repair, improvement, or
rehabilitation will not preclude the building's continued designation as a historic building and the
variance is the minimum necessary to preserve the historic character and design of the building.
If the proposed work precludes the building's continued designation as a historic building, a
variance shall not be granted and the building and any repair, improvement, and rehabilitation
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shall be subject to the requirements of the Florida Building Code.
Sec. 90 -71. Functionally dependent uses. A variance is authorized to be issued for the
construction or substantial improvement necessary for the conduct of a functionally dependent
use, as defined in this Article, provided the variance meets the requirements of section 90 -69, is
the minimum necessary considering the flood hazard, and all due consideration has been given
to use of methods and materials that minimize flood damage during occurrence of the base
flood.
Sec. 90 -72. Considerations for issuance of variances. In reviewing requests for variances,
the Construction Board of Adjustments and Appeals shall consider all technical evaluations, all
relevant factors, all other applicable provisions of the Florida Building Code, this Article, and the
following:
(a) The danger that materials and debris may be swept onto other lands resulting in
further injury or damage;
(b) The danger to life and property due to flooding or erosion damage;
( c) The susceptibility of the proposed development, including contents, to flood
damage and the effect of such damage on current and future owners;
(d) The importance of the services provided by the proposed development to the
City;
( e) The availability of alternate locations for the proposed development that are
subject to lower risk of flooding or erosion;
(f) The compatibility of the proposed development with existing and anticipated
development;
(g) The relationship of the proposed development to the comprehensive plan and
floodplain management program for the area;
(h) The safety of access to the property in times of flooding for ordinary and
emergency vehicles;
(i) The expected heights, velocity, duration, rate of rise and debris and sediment
transport of the floodwaters and the effects of wave action, if applicable, expected at the
site; and
(j) 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 and water systems, streets and bridges.
Sec. 90 -73. Conditions for issuance of variances. Variances shall be issued only upon:
(a) Submission by the applicant, of a showing of good and sufficient cause that the
unique characteristics of the size, configuration, or topography of the site limit
compliance with any provision of this Article or the required elevation standards;
(b) Determination by the Construction Board of Adjustments and Appeals that:
(1) Failure to grant the variance would result in exceptional hardship due to
the physical characteristics of the land that render the lot undevelopable;
increased costs to satisfy the requirements or inconvenience do not constitute
hardship;
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(2) The granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, nor create
nuisances, cause fraud on or victimization of the public or conflict with existing
local laws and ordinances; and
(3) The variance is the minimum necessary, considering the flood hazard, to
afford relief;
( c) Receipt of a signed statement by the applicant that the variance, if granted, shall
be recorded in the Office of the Clerk of the Court in such a manner that it appears in the
chain of title of the affected parcel of land; and
(d) If the request is for a variance to allow construction of the lowest floor of a new
building, or substantial improvement of a building, below the required elevation, a copy
in the record of a written notice from the Floodplain Administrator to the applicant for the
variance, specifying the difference between the base flood elevation and the proposed
elevation of the lowest floor, stating that the cost of federal flood insurance will be
commensurate with the increased risk resulting from the reduced floor elevation (up to
amounts as high as $25 for $100 of insurance coverage), and stating that construction
below the base flood elevation increases risks to life and property.
PART H. VIOLATIONS
Sec. 90 -74. Violations. Any development that is not within the scope of the Florida Building
Code but that is regulated by this Article that is performed without an issued permit, that is in
conflict with an issued permit, or that does not fully comply with this Article, shall be deemed a
violation of this Article. A building or structure without the documentation of elevation of the
lowest floor, other required design certifications, or other evidence of compliance required by
this Article or the Florida Building Code is presumed to be a violation until such time as that
documentation is provided.
Sec. 90 -75. Authority. For development that is not within the scope of the Florida Building
Code but that is regulated by this Article and that is determined to be a violation, the Floodplain
Administrator is authorized to serve notices of violation or stop work orders to owners of the
property involved, to the owner's agent, or to the person or persons performing the work.
Sec. 90 -76. Unlawful continuance. Any person who shall continue any work after having been
served with a notice of violation or a stop work order, except such work as that person is
directed to perform to remove or remedy a violation or unsafe condition, shall be subject to
penalties as prescribed by law.
DIVISION 2. DEFINITIONS
Sec. 90 -77. Definitions. Unless otherwise expressly stated, the following words and terms
shall, for the purposes of this Article, have the meanings shown in this section. Where terms
are not defined in this Article and are defined in the Florida Building Code, such terms shall have
the meanings ascribed to them in that code. Where terms are not defined in this Article or the
Florida Building Code, such terms shall have ordinarily accepted meanings such as the context
implies.
Alteration of a watercourse. A dam, impoundment, channel relocation, change in
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channel alignment, channelization, or change in cross - sectional area of the channel or
the channel capacity, or any other form of modification which may alter, impede, retard
or change the direction and /or velocity of the riverine flow of water during conditions of
the base flood.
Appeal. A request for a review of the Floodplain Administrator's interpretation of any
provision of this Article or a request for a variance.
ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced
by the Florida Building Code. ASCE 24 is developed and published by the American
Society of Civil Engineers, Reston, VA.
Base flood. A flood having a 1- percent chance of being equaled or exceeded in any
given year. [Also defined in FBC, B, Section 1612.2.] The base flood is commonly
referred to as the "100 -year flood" or the 1- percent - annual chance flood."
Base flood elevation. The elevation of the base flood, including wave height, relative to
the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD)
or other datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in
FBC, B, Section 1612.2.]
Basement. The portion of a building having its floor subgrade (below ground level) on
all sides. [Also defined in FBC, B, Section 1612.2.]
Coastal construction control line. The line established by the State of Florida
pursuant to section 161.053, Florida Statutes, and recorded in the official records of the
City, which defines that portion of the beach -dune system subject to severe fluctuations
based on a 100 -year storm surge, storm waves or other predictable weather conditions.
Coastal high hazard area. A special flood hazard area extending from offshore to the
inland limit of a primary frontal dune along an open coast and any other area subject to
high velocity wave action from storms or seismic sources. Coastal high hazard areas
are also referred to as "high hazard areas subject to high velocity wave action" or "V
Zones" and are designated on Flood Insurance Rate Maps (FIRM) as Zone V1 -V30, VE,
or V. [Note: The FBC, B defines and uses the term "flood hazard areas subject to high
velocity wave action" and the FBC, R uses the term "coastal high hazard areas. "]
Design flood. The flood associated with the greater of the following two areas: [Also
defined in FBC, B, Section 1612.2.]
(1) Area with a floodplain subject to a 1- percent or greater chance of flooding in
any year; or
(2) Area designated as a flood hazard area on the City's flood hazard map, or
otherwise legally designated.
Design flood elevation. The elevation of the "design flood," including wave height,
relative to the datum specified on the City's legally designated flood hazard map. In
areas designated as Zone AO, the design flood elevation shall be the elevation of the
highest existing grade of the building's perimeter plus the depth number (in feet)
specified on the flood hazard map. In areas designated as Zone AO where the depth
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number is not specified on the map, the depth number shall be taken as being equal to 2
feet. [Also defined in FBC, B, Section 1612.2.]
Development. Any man -made change to improved or unimproved real estate, including
but not limited to, buildings or other structures, tanks, temporary structures, temporary or
permanent storage of equipment or materials, mining, dredging, filling, grading, paving,
excavations, drilling operations or any other land disturbing activities.
Encroachment. The placement of fill, excavation, buildings, permanent structures or
other development into a flood hazard area which may impede or alter the flow capacity
of riverine flood hazard areas.
Existing building and existing structure. Any buildings and structures for which the
"start of construction" commenced before September 29, 1972. [Also defined in FBC, B,
Section 1612.2.]
Existing manufactured home park or subdivision. 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 September 29, 1972.
Expansion to an existing manufactured home park or subdivision. 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).
Federal Emergency Management Agency (FEMA). The federal agency that, in
addition to carrying out other functions, administers the National Flood Insurance
Program.
Flood or flooding. A general and temporary condition of partial or complete inundation
of normally dry land from: [Also defined in FBC, B, Section 1612.2.]
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from any
source.
Flood damage- resistant materials. Any construction material capable of withstanding
direct and prolonged contact with floodwaters without sustaining any damage that
requires more than cosmetic repair. [Also defined in FBC, B, Section 1612.2.]
Flood hazard area. The greater of the following two areas: [Also defined in FBC, B,
Section 1612.2.]
(1) The area within a floodplain subject to a 1- percent or greater chance of
flooding in any year.
(2) The area designated as a flood hazard area on the City's flood hazard
map, or otherwise legally designated.
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Flood Insurance Rate Map (FIRM). The official map of the City on which the Federal
Emergency Management Agency has delineated both special flood hazard areas and
the risk premium zones applicable to the City. [Also defined in FBC, B, Section 1612.2.1
Flood Insurance Study (FIS). The official report provided by the Federal Emergency
Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary
and Floodway Map (if applicable), the water surface elevations of the base flood, and
supporting technical data. [Also defined in FBC, B, Section 1612.2.]
Floodplain Administrator. The office or position designated and charged with the
administration and enforcement of this Article (may be referred to as the Floodplain
Manager).
Floodplain development permit or approval. An official document or certificate
issued by the City, or other evidence of approval or concurrence, which authorizes
performance of specific development activities that are located in flood hazard areas and
that are determined to be compliant with this Article.
Floodway. The channel of a river or other riverine 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. [Also defined in FBC, B,
Section 1612.2.1
Floodway encroachment analysis. An engineering analysis of the impact that a
proposed encroachment into a floodway is expected to have on the floodway boundaries
and base flood elevations; the evaluation shall be prepared by a qualified Florida
licensed engineer using standard engineering methods and models.
Florida Building Code. The family of codes adopted by the Florida Building
Commission, including: Florida Building Code, Building; Florida Building Code,
Residential, Florida Building Code, Existing Building; Florida Building Code, Mechanical,
Florida Building Code, Plumbing; Florida Building Code, Fuel Gas.
Functionally dependent use. A use which cannot perform its intended purpose unless
it is located or carried out in close proximity to water, including only docking facilities,
port facilities that are necessary for the loading and unloading of cargo or passengers,
and ship building and ship repair facilities; the term does not include long -term storage
or related manufacturing facilities.
Highest adjacent grade. The highest natural elevation of the ground surface prior to
construction next to the proposed walls or foundation of a structure.
Historic structure. Any structure that is determined eligible for the exception to the
flood hazard area requirements of the Florida Building Code, Existing Building, Chapter
11 Historic Buildings.
Letter of Map Change (LOMC). An official determination issued by FEMA that amends
or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of
Map Change include:
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Letter of Map Amendment (LOMA): An amendment based on technical data showing
that a property was incorrectly included in a designated special flood hazard area. A
LOMA amends the current effective Flood Insurance Rate Map and establishes that a
specific property, portion of a property, or structure is not located in a special flood
hazard area.
Letter of Map Revision (LOMR): A revision based on technical data that may show
changes to flood zones, flood elevations, special flood hazard area boundaries and
floodway delineations, and other planimetric features.
Letter of Map Revision Based on Fill (LOMR -F): A determination that a structure or
parcel of land has been elevated by fill above the base flood elevation and is, therefore,
no longer located within the special flood hazard area. In order to qualify for this
determination, the fill must have been permitted and placed in accordance with the City's
floodplain management regulations.
Conditional Letter of Map Revision ( CLOMR): A formal review and comment as to
whether a proposed flood protection project or other project complies with the minimum
NFIP requirements for such projects with respect to delineation of special flood hazard
areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood
Insurance Study; upon submission and approval of certified as -built documentation, a
Letter of Map Revision may be issued by FEMA to revise the effective FIRM.
Light -duty truck. As defined in 40 C.F.R. 86.082 -2, any motor vehicle rated at 8,500
pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of
6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or
less, which is:
(1) Designed primarily for purposes of transportation of property or is a
derivation of such a vehicle, or
(2) Designed primarily for transportation of persons and has a capacity of
more than 12 persons; or
(3) Available with special features enabling off - street or off - highway operation
and use.
Lowest floor. The lowest floor of the lowest enclosed area of a building or structure,
including basement, but excluding any unfinished or flood- resistant enclosure, other than
a basement, usable solely for vehicle parking, building access or limited storage
provided that such enclosure is not built so as to render the structure in violation of the
non - elevation requirements of the Florida Building Code or ASCE 24. [Also defined in
FBC, B, Section 1612.2.]
Manufactured home. A structure, transportable in one or more sections, which is eight
(8) feet or more in width and greater than four hundred (400) square feet, and which is
built on a permanent, integral chassis and is designed for use with or without a
permanent foundation when attached to the required utilities. The term "manufactured
home" does not include a "recreational vehicle" or "park trailer." [Also defined in 15C-
1.0101, F.A.C.]
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Manufactured home park or subdivision. A parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
Market value. The price at which a property will change hands between a willing buyer
and a willing seller, neither party being under compulsion to buy or sell and both having
reasonable knowledge of relevant facts. As used in this Article, the term refers to the
market value of buildings and structures, excluding the land and other improvements on
the parcel. Market value may be established by a qualified independent appraiser,
Actual Cash Value (replacement cost depreciated for age and quality of construction), or
tax assessment value adjusted to approximate market value by a factor provided by the
Property Appraiser.
New construction. For the purposes of administration of this Article and the flood
resistant construction requirements of the Florida Building Code, structures for which the
"start of construction" commenced on or after September 29, 1972 and includes any
subsequent improvements to such structures.
New manufactured home park or subdivision. 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 on or after September 29, 1972.
Park trailer. A transportable unit which has a body width not exceeding fourteen (14)
feet and which is built on a single chassis and is designed to provide seasonal or
temporary living quarters when connected to utilities necessary for operation of installed
fixtures and appliances. [Defined in 320.01, Florida Statutes]
Recreational vehicle. A vehicle, including a park trailer, which is: [See section 320.01,
Florida Statutes)
(1) Built on a single chassis;
(2) Four hundred (400) square feet or less when measured at the largest
horizontal projection;
(3) Designed to be self - propelled or permanently towable by a light -duty
truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward
of the beach.
Special flood hazard area. An area in the floodplain subject to a 1 percent or greater
chance of flooding in any given year. Special flood hazard areas are shown on FIRMS
as Zone A, AO, Al -A30, AE, A99, AH, V1430, VIE or V. [Also defined in FBC, B
Section 1612.2.]
Start of construction. The date of issuance for new construction and substantial
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improvements to existing structures, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement, or other improvement is within 180
days of the date of the issuance. The actual start of construction means either the first
placement of permanent construction of a building (including a manufactured home) on a
site, such as the pouring of slab or footings, the installation of piles, the construction of
columns.
Permanent construction does not include land preparation (such as clearing, grading, or
filling), the installation of streets or walkways, excavation for a basement, footings, piers,
or foundations, the erection of temporary forms or the installation of accessory buildings
such as garages or sheds not occupied as dwelling units or not part of the main
buildings. 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. [Also defined in FBC,
B Section 1612.2.1
Substantial damage. Damage of any origin sustained by a building or structure
whereby the cost of restoring the building or structure to its before - damaged condition
would equal or exceed 50 percent of the market value of the building or structure before
the damage occurred. [Also defined in FBC, B Section 1612.2.1
Substantial improvement. Any combination of repair, reconstruction, rehabilitation,
addition, or other improvement of a building or structure taking place during a 10 -year
period, the cumulative cost of which equals or exceeds 50 percent of the market value of
the building or structure before the improvement or repair is started. For each building or
structure, the 10 -year period begins on the date of the first improvement or repair of that
building or structure subsequent to April 9, 2002.
If the structure has incurred "substantial damage," any repairs are considered
substantial improvement regardless of the actual repair work performed. The term does
not, however, include either: [Also defined in FBC, B, Section 1612.2.1
(1) Any project for improvement of a building required to correct existing
health, sanitary, or safety code violations identified by the building official and
that are the minimum necessary to assure safe living conditions.
(2) Any alteration of a historic structure provided the alteration will not
preclude the structure's continued designation as a historic structure.
Variance. A grant of relief from the requirements of this Article, or the flood resistant
construction requirements of the Florida Building Code, which permits construction in a
manner that would not otherwise be permitted by this Article or the Florida Building
Code.
Watercourse. A river, creek, stream, channel or other topographic feature in, on,
through, or over which water flows at least periodically.
DIVISION 3. FLOOD RESISTANT DEVELOPMENT
PART A. BUILDINGS AND STRUCTURES
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Sec. 90 -78. Design and construction of buildings, structures and facilities exempt from
the Florida Building Code. Pursuant to section 90 -50, buildings, structures, and facilities that are
exempt from the Florida Building Code, including substantial improvement or repair of substantial
damage of such buildings, structures and facilities, shall be designed and constructed in accordance
with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt
from the Florida Building Code that are not walled and roofed buildings shall comply with the
requirements of Part G of this Division.
Sec. 90 -79. Buildings and structures seaward of the coastal construction control line. If
extending, in whole or in part, seaward of the coastal construction control line and also located,
in whole or in part, in a flood hazard area:
(a) Buildings and structures shall be designed and constructed to comply with the
more restrictive applicable requirements of the Florida Building Code, Building Section
3109 and Section 1612 or Florida Building Code, Residential Section R322.
(b) Minor structures and non - habitable major structures as defined in section 161.54,
Florida Statutes, shall be designed and constructed to comply with the intent and
applicable provisions of this Article and ASCE 24.
PART B. SUBDIVISIONS
Sec. 90 -80. Minimum requirements. Subdivision proposals, including proposals for
manufactured home parks and subdivisions, shall be reviewed to determine that:
(a) Such proposals are consistent with the need to minimize flood damage and will
be reasonably safe from flooding;
(b) All public utilities and facilities such as sewer, gas, electric, communications, and
water systems are located and constructed to minimize or eliminate flood damage; and
( c) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH
and AO, adequate drainage paths shall be provided to guide floodwaters around and
away from proposed structures.
Sec. 90 -81. Subdivision plats. Where any portion of proposed subdivisions, including
manufactured home parks and subdivisions, lies within a flood hazard area, the following shall
be required:
(a) Delineation of flood hazard areas, floodway boundaries and flood zones, and
design flood elevations, as appropriate, shall be shown on preliminary plats;
(b) Where the subdivision has more than 50 lots or is larger than 5 acres and base
flood elevations are not included on the FIRM, the base flood elevations determined in
accordance with Section 90 -57 (a) of this Article; and
( c) Compliance with the site improvement and utilities requirements of Part C of this
Division.
PART C. SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS
Sec. 90 -82. Minimum requirements. All proposed new development shall be reviewed to
determine that:
(a) Such proposals are consistent with the need to minimize flood damage and will
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be reasonably safe from flooding;
(b) All public utilities and facilities such as sewer, gas, electric, communications, and
water systems are located and constructed to minimize or eliminate flood damage; and
( c) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH
and AO, adequate drainage paths shall be provided to guide floodwaters around and
away from proposed structures.
Sec. 90 -83. Sanitary sewage facilities. All new and replacement sanitary sewage facilities,
private sewage treatment plants (including all pumping stations and collector systems), and on-
site waste disposal systems shall be designed in accordance with the standards for onsite
sewage treatment and disposal systems in Chapter 64E -6, F.A.C. and ASCE 24 Chapter 7 to
minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities
into flood waters, and impairment of the facilities and systems.
Sec. 90 -84. Water supply facilities. All new and replacement water supply facilities shall be
designed in accordance with the water well construction standards in Chapter 62- 532.500,
F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the
systems.
Sec. 90 -85. Limitations on sites in regulatory floodways. No development, including but not
limited to site improvements, and land disturbing activity involving fill or regrading, shall be
authorized in the regulatory floodway unless the floodway encroachment analysis required in
section 90 -58(a) demonstrates that the proposed development or land disturbing activity will not
result in any increase in the base flood elevation.
Sec. 90 -86. Limitations on placement of fill. Subject to the limitations of this Article, fill shall
be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of
floodwaters, prolonged inundation, and protection against flood - related erosion and scour. In
addition to these requirements, if intended to support buildings and structures (Zone A only); fill
shall comply with the requirements of the Florida Building Code.
Sec. 90 -87. Limitations on sites in coastal high hazard areas (Zone V). In coastal high
hazard areas, alteration of sand dunes and mangrove stands shall be permitted only if such
alteration is approved by the Florida Department of Environmental Protection and only if the
engineering analysis required by section 90 -58(d) demonstrates that the proposed alteration will
not increase the potential for flood damage. Construction or restoration of dunes under or
around elevated buildings and structures shall comply with section 90 -109( c).
PART D. MANUFACTURED HOMES
Sec. 90 -88. General. All manufactured homes installed in flood hazard areas shall be installed
by an installer that is licensed pursuant to section 320.8249, Florida Statutes, and shall comply
with the requirements of Chapter 15C -1, F.A.C. and the requirements of this Article. If located
seaward of the coastal construction control line, all manufactured homes shall comply with the
more restrictive of the applicable requirements.
Sec. 90 -89. Foundations. All new manufactured homes and replacement manufactured
homes installed in flood hazard areas shall be installed on permanent, reinforced foundations
that:
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(a) In flood hazard areas (Zone A) other than coastal high hazard areas, are
designed in accordance with the foundation requirements of the Florida Building Code,
Residential Section R322.2 and this Article.
(b) In coastal high hazard areas (Zone V), are designed in accordance with the
foundation requirements of the Florida Building Code, Residential Section R322.3 and
this Article.
Sec. 90 -90. Anchoring. All new manufactured homes and replacement manufactured homes
shall be installed using methods and practices which minimize flood damage and shall be
securely anchored to an adequately anchored foundation system to resist flotation, collapse or
lateral movement. Methods of anchoring include, but are not limited to, use of over - the -top or
frame ties to ground anchors. This anchoring requirement is in addition to applicable state and
local anchoring requirements for wind resistance.
Sec. 90 -91. Elevation. Manufactured homes that are placed, replaced, or substantially
improved shall comply with section 90 -92 or 90 -93, as applicable.
Sec. 90 -92. General elevation requirement. Unless subject to the requirements of section 90-
93, all manufactured homes that are placed, replaced, or substantially improved on sites
located: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured
home park or subdivision; (c) in an expansion to an existing manufactured home park or
subdivision; or (d) in an existing manufactured home park or subdivision upon which a
manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated
such that the bottom of the frame is at or above the elevation required, as applicable to the flood
hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A) or Section
R322.3 (Zone V).
Sec. 90 -93. Elevation requirement for certain existing manufactured home parks and
subdivisions. Manufactured homes that are not subject to section 90 -92, including
manufactured homes that are placed, replaced, or substantially improved on sites located in an
existing manufactured home park or subdivision, unless on a site where substantial damage as
result of flooding has occurred, shall be elevated such that either the:
(a) Bottom of the frame of the manufactured home is at or above the elevation
required, as applicable to the flood hazard area, in the Florida Building Code, Residential
Section R322.2 (Zone A) or Section R322.3 (Zone V); or
(b) Bottom of the frame is supported by reinforced piers or other foundation
elements of at least equivalent strength that are not less than 36 inches in height above
grade.
Sec. 90 -94. Enclosures. Enclosed areas below elevated manufactured homes shall comply
with the requirements of the Florida Building Code, Residential Section R322 for such enclosed
areas, as applicable to the flood hazard area.
Sec. 90 -95. Utility equipment. Utility equipment that serves manufactured homes, including
electric, heating, ventilation, plumbing, and air conditioning equipment and other service
facilities, shall comply with the requirements of the Florida Building Code, Residential Section
R322, as applicable to the flood hazard area.
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PART E. RECREATIONAL VEHICLES AND PARK TRAILERS
Sec. 90 -96. Temporary placement. Recreational vehicles and park trailers placed temporarily
in flood hazard areas shall:
(a) Be on the site for fewer than 180 consecutive days; or
(b) Be fully licensed and ready for highway use, which means the recreational
vehicle or park model is on wheels or jacking system, is attached to the site only by
quick- disconnect type utilities and security devices, and has no permanent attachments
such as additions, rooms, stairs, decks and porches.
Sec. 90 -97. Permanent placement. Recreational vehicles and park trailers that do not meet
the limitations in section 90 -96 for temporary placement shall meet the requirements of Part D of
this Division for manufactured homes.
PART F. TANKS
Sec. 90 -98. Underground tanks. Underground tanks in flood hazard areas shall be anchored
to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic
loads during conditions of the design flood, including the effects of buoyancy assuming the tank
is empty.
Sec. 90 -99. Above - ground tanks, not elevated. Above - ground tanks that do not meet the
elevation requirements of section 90 -100 shall:
(a) Be permitted in flood hazard areas (Zone A) other than coastal high hazard
areas, provided the tanks are anchored or otherwise designed and constructed to
prevent flotation, collapse or lateral movement resulting from hydrodynamic and
hydrostatic loads during conditions of the design flood, including the effects of buoyancy
assuming the tank is empty and the effects of flood -borne debris.
(b) Not be permitted in coastal high hazard areas (Zone V).
Sec. 90 -100. Above - ground tanks, elevated. Above - ground tanks in flood hazard areas shall
be attached to and elevated to or above the design flood elevation on a supporting structure that
is designed to prevent flotation, collapse or lateral movement during conditions of the design
flood. Tank - supporting structures shall meet the foundation requirements of the applicable flood
hazard area.
Sec. 90 -101. Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:
(a) At or above the design flood elevation or fitted with covers designed to prevent
the inflow of floodwater or outflow of the contents of the tanks during conditions of the
design flood; and
(b) Anchored to prevent lateral movement resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy, during conditions of the design
flood.
PART G. OTHER DEVELOPMENT
Sec. 90 -102. General requirements for other development. All development, including man-
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made changes to improved or unimproved real estate for which specific provisions are not
specified in this Article or the Florida Building Code, shall:
(a) Be located and constructed to minimize flood damage;
(b) Meet the limitations of section 90 -85 if located in a regulated floodway;
( c) Be anchored to prevent flotation, collapse or lateral movement resulting from
hydrostatic loads, including the effects of buoyancy, during conditions of the design
flood;
(d) Be constructed of flood damage- resistant materials; and
( e) Have mechanical, plumbing, and electrical systems above the design flood
elevation, except that minimum electric service required to address life safety and
electric code requirements is permitted below the design flood elevation provided it
conforms to the provisions of the electrical part of building code for wet locations.
Sec. 90 -103. Fences in regulated floodways. Fences in regulated floodways that have the
potential to block the passage of floodwaters, such as stockade fences and wire mesh fences,
shall meet the limitations of section 90 -85.
Sec. 90 -104. Retaining walls, sidewalks and driveways in regulated floodways. Retaining
walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall
meet the limitations of section 90 -85.
Sec. 90 -105. Roads and watercourse crossings in regulated floodways. Roads and
watercourse crossings, including roads, bridges, culverts, low -water crossings and similar
means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that
encroach into regulated floodways shall meet the limitations of section 90 -85. Alteration of a
watercourse that is part of a road or watercourse crossing shall meet the requirements of
section 90 -58( c).
Sec. 90 -106. Concrete slabs used as parking pads, enclosure floors, landings, decks,
walkways, patios and similar nonstructural uses in coastal high hazard areas (Zone V).
In coastal high hazard areas, concrete slabs used as parking pads, enclosure floors, landings,
decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent to
buildings and structures provided the concrete slabs are designed and constructed to be:
(a) Structurally independent of the foundation system of the building or structure;
(b) Frangible and not reinforced, so as to minimize debris during flooding that is
capable of causing significant damage to any structure; and
( c) Have a maximum slab thickness of not more than four (4) inches.
Sec. 90 -107. Decks and patios in coastal high hazard areas (Zone V). In addition to the
requirements of the Florida Building Code, in coastal high hazard areas decks and patios shall
be located, designed, and constructed in compliance with the following:
(a) A deck that is structurally attached to a building or structure shall have the
bottom of the lowest horizontal structural member at or above the design flood elevation
and any supporting members that extend below the design flood elevation shall comply
with the foundation requirements that apply to the building or structure, which shall be
designed to accommodate any increased loads resulting from the attached deck.
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(b) A deck or patio that is located below the design flood elevation shall be
structurally independent from buildings or structures and their foundation systems, and
shall be designed and constructed either to remain intact and in place during design
flood conditions or to break apart into small pieces to minimize debris during flooding
that is capable of causing structural damage to the building or structure or to adjacent
buildings and structures.
( c) A deck or patio that has a vertical thickness of more than twelve (12) inches or
that is constructed with more than the minimum amount of fill necessary for site drainage
shall not be approved unless an analysis prepared by a qualified registered design
professional demonstrates no harmful diversion of floodwaters or wave run -up and wave
reflection that would increase damage to the building or structure or to adjacent buildings
and structures.
(d) A deck or patio that has a vertical thickness of twelve (12) inches or less and that
is at natural grade or on nonstructural fill material that is similar to and compatible with
local soils and is the minimum amount necessary for site drainage may be approved
without requiring analysis of the impact on diversion of floodwaters or wave run -up and
wave reflection.
90 -108. Other development in coastal high hazard areas (Zone V). In coastal high hazard
areas, development activities other than buildings and structures shall be permitted only if also
authorized by the appropriate federal, state or local authority; if located outside the footprint of,
and not structurally attached to, buildings and structures; and if analyses prepared by qualified
registered design professionals demonstrate no harmful diversion of floodwaters or wave run -up
and wave reflection that would increase damage to adjacent buildings and structures. Such
other development activities include but are not limited to:
(a) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control
structures;
(b) Solid fences and privacy walls, and fences prone to trapping debris, unless
designed and constructed to fail under flood conditions less than the design flood or
otherwise function to avoid obstruction of floodwaters; and
( c) On -site sewage treatment and disposal systems defined in 64E- 6.002, F.A.C., as
filled systems or mound systems.
Sec. 90 -109. Nonstructural fill in coastal high hazard areas (Zone V). In coastal high
hazard areas:
(a) Minor grading and the placement of minor quantities of nonstructural fill shall be
permitted for landscaping and for drainage purposes under and around buildings.
(b) Nonstructural fill with finished slopes that are steeper than one unit vertical to five
units horizontal shall be permitted only if an analysis prepared by a qualified registered
design professional demonstrates no harmful diversion of floodwaters or wave run -up
and wave reflection that would increase damage to adjacent buildings and structures.
( c) Where authorized by the Florida Department of Environmental Protection or
applicable local approval, sand dune construction and restoration of sand dunes under
or around elevated buildings are permitted without additional engineering analysis or
certification of the diversion of floodwater or wave run -up and wave reflection if the scale
and location of the dune work is consistent with local beach -dune morphology and the
vertical clearance is maintained between the top of the sand dune and the lowest
City of Cape Canaveral
Ordinance No. 04 -2014
Page 26 of 30
horizontal structural member of the building.
Section 4. Adoption of New Article VI, Chapter 82, "Local Amendments to the Florida
Building Code." The City Council of the City of Cape Canaveral hereby adopts the following as
Article VI of Chapter 82 of the Cape Canaveral Code of Ordinances:
ARTICLE VI. LOCAL AMENDMENTS TO FLORIDA BUILDING CODE, BUILDING
Sec. 82 -146. Administrative amendments to Florida Building Code, Building.
Add a new Sec. 104.10.1 as follows:
104.10.1 Modifications of the strict application of the requirements of the Florida
Building Code. The Building Official shall coordinate with the Floodplain Administrator
to review requests submitted to the Building Official that seek approval to modify the
strict application of the flood resistant construction requirements of the Florida Building
Code to determine whether such requests require the granting of a variance pursuant to
Section 117.
Add a new Sec. 107.6.1 as follows:
107.6.1 Building permits issued on the basis of an affidavit. Pursuant to the
requirements of federal regulation for participation in the National Flood Insurance
Program (44 C.F.R. Sections 59 and 60), the authority granted to the Building Official to
issue permits, to rely on inspections, and to accept plans and construction documents on
the basis of affidavits and plans submitted pursuant to Section 105.14 and Section
107.6, shall not extend to the flood load and flood resistance construction requirements
of the Florida Building Code.
Add a new Sec. 117 as follows:
117 VARIANCES IN FLOOD HAZARD AREAS
117.1 Flood hazard areas. Pursuant to section 553.73(5), Florida Statutes, the
variance procedures adopted in Article II of Chapter 90 of this Code shall apply to
requests submitted to the Building Official for variances to the provisions of Section
1612.4 of the Florida Building Code, Building or, as applicable, the provisions of R322 of
the Florida Building Code, Residential. This section shall not apply to Section 3109 of
the Florida Building Code, Building.
Sec. 82 -147. Technical amendments to Florida Building Code, Residential.
(Underlined type indicates additions to and strikethFeugh. type indicates deletions from the
existing text of the Florida Building Code, Residential).
Modify a definition in Section 202 as follows:
City of Cape Canaveral
Ordinance No. 04 -2014
Page 27 of 30
SUBSTANTIAL IMPROVEMENT. Any combination of repair, reconstruction,
rehabilitation, addition or improvement of a building or structure taking place during a 10 -year
period, the cumulative cost of which equals or exceeds 50 percent of the market value of the
structure before the improvement or repair is started. For each building or structure, the 10 -year
period begins on the date of the first improvement or repair of building or structure subsequent
to April 9, 2002. If the structure has sustained substantial damage, any repairs are considered
substantial improvement regardless of the actual repair performed. The term does not, however,
include either:
1. Any project for improvement of a building required to correct existing health,
sanitary or safety code violations identified by the building official and that are
the minimum necessary to assure safe living conditions.
2. Any alteration of a historic structure provided that the alteration will not preclude
the structure's continued designation as a historic structure.
Modify Sec. R322.2.1 as follows:
R322.2.1 Elevation requirements.
1. Buildings and structures in flood hazard areas not designated as Coastal A
Zones shall have the lowest floors elevated to or above the base flood elevation
plus 1 foot or the design flood elevation, whichever is higher.
2. Buildings and structures in flood hazard areas designated as Coastal A Zones
shall have the lowest floors elevated to or above the base flood elevation plus 1
foot (305 mm), or to the design flood elevation, whichever is higher.
3. In areas of shallow flooding (AO Zones), buildings and structures shall have the
lowest floor (including basement) elevated at least as high above the highest
adjacent grade as the depth number specified in feet on the FIRM plus 1 foot, or
at least 3 feet 2 fee 0 nom) if a depth number is not specified.
4. Basement floors that are below grade on all sides shall be elevated to or above
the base flood elevation plus 1 foot or the design flood elevation, whichever is
higher.
Exception: Enclosed areas below the design flood elevation, including basements
whose floors are not below grade on all sides, shall meet the requirements of
Section R322.2.2.
Modify Sec. R322.3.2 as follows:
R322.3.2 Elevation requirements.
All buildings and structures erected within coastal high- hazard areas shall be
elevated so that the lowest portion of all structural members supporting the
lowest floor, with the exception of mat or raft foundations, piling, pile caps,
columns, grade beams and bracing, is:
1.1 Located at or above the base flood elevation plus 1 foot or the design
flood elevation, whichever is higher, if the lowest horizontal structural
member is oriented parallel to the direction of wave approach, where
parallel shall mean less than or equal to 20 degrees (0.35 rad) from the
City of Cape Canaveral
Ordinance No. 04 -2014
Page 28 of 30
direction of approach, or
1.2 Located at the base flood elevation plus 2 feet 1 feet (3 , or the
design flood elevation, whichever is higher, if the lowest horizontal
structural member is oriented perpendicular to the direction of wave
approach, where perpendicular shall mean greater than 20 degrees
(0.35 rad) from the direction of approach.
2. Basement floors that are below grade on all sides are prohibited.
3. The use of fill for structural support is prohibited.
4. Minor grading, and the placement of minor quantities of fill, shall be permitted
for landscaping and for drainage purposes under and around buildings and for
support of parking slabs, pool decks, patios and walkways.
Exception: Walls and partitions enclosing areas below the design flood elevation
shall meet the requirements of Sections R322.3.4 and R322.3.5.
Sec 82 -148. Technical amendments to Florida Building Code, Building.
(Underlined type indicates additions to and type indicates deletions from the
existing text of the Florida Building Code, Building).
Modify a definition in Section 1612.2. as follows:
SUBSTANTIAL IMPROVEMENT. Any combination of repair, reconstruction,
rehabilitation, addition or improvement of a building or structure taking place during a 10 -year
period, the cumulative cost of which equals or exceeds 50 percent of the market value of the
structure before the improvement or repair is started. For each building or structure, the 10 -year
period begins on the date of the first improvement or repair of building or structure subsequent
to April 9, 2002. If the structure has sustained substantial damage, any repairs are considered
substantial improvement regardless of the actual repair performed. The term does not, however,
include either:
1. Any project for improvement of a building required to correct existing health,
sanitary or safety code violations identified by the building official and that are
the minimum necessary to assure safe living conditions.
2. Any alteration of a historic structure provided that the alteration will not preclude
the structure's continued designation as a historic structure.
Section 5. 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.
Section 6. Incorporation Into Code. This Ordinance shall be incorporated into the City of
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. Grammatical,
typographical and like errors may be corrected and additions, alterations and omissions, not
affecting the construction or meaning of this Ordinance and the City Code may be freely made.
Section 7. 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
City of Cape Canaveral
Ordinance No. 04 -2014
Page 29 of 30
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 8. 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 this 18th day of
February, 2014.
ATTEST:
ROCKY RANDELS, Mayor
For Against
John Bond
Bob Hoog
ANGELA APPERSON, MMC
City Clerk Buzz Petsos
Rocky Randels
Betty Walsh
First Reading: January 21, 2014
Legal Ad published: January 30, 2014
Second Reading: February 18, 2014
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 04 -2014
Page 30 of 30
Municode
EXHIBR
Cape Canaveral, Florida, Code of Ordinances >> Subpart B - LAND DEVELOPMENT CODE >> Chapter
90 - FLOODS >> ARTICLE H. FLOOD DAMAGE PREVENTION >>
ARTICLE II. FLOOD DAMAGE PREVENTION
DIVISION 1. - GENERALLY
DIVISION 2. - ADMINISTRATION
DIVISION 3. - FLOOD HAZARD REDUCTION
Cape Canaveral, Florida, Code of Ordinances >> Subpart B - LAND DEVELOPMENT CODE >> Chapter
90 - FLOODS >> ARTICLE II. - FLOOD DAMAGE PREVENTION >> DIVISION 1. GENERALLY >>
DIVISION 1. GENERALLY
Sec. 90-26. Definitions.
Sec. 90 -27. Findings of fact.
Sec. 90 -28. Statement of purpose.
Sec. 90-29. Objectives.
Sec. 90-30. Lands to which article applies.
Sec._ 90-31. Basis for establishing areas of special flood hazard.
Sec. 90-32. Compliance.
Sec. 90 -33. Abrogation and greater restrictions.
Sec. 90 -34. Interpretation.
Sec. 90 -35. Waming and disclaimer of liability.
Sec. 90-36. Penalties for violation.
Secs. 90 -37- -- 90-45. Reserved.
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 context clearly indicates a different meaning:
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 loadbearing wall other than a firewall.
Any walled and roofed addition which is connected by a firewall or is separated by independent
perimeter loadbearing walls is new construction.
Appeal means a request for a review of the city's interpretation of any provision of this article
or a request for a variance.
Area of shallow flooding means a designated AO or VO zone on the city'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.
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Area of special flood hazard means the land in the floodplain within the city 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 supporting 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 manmade 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 means a nonbasement 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 means any structure for which the start of construction commenced
before the effective date of the ordinance from which this section is derived.
Existing manufactured home park or subdivision means 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 ordinance from which this section is derived.
Expansion to an existing manufactured home park or subdivision means 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, 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.
Flood hazard boundary map (FHBM) means an official map of the city, 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 the city 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.
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Flood insurance study means 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.
F000dway 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.
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 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 longterm storage, manufacture, 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 building.
Historic structure means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by
the Department of the Interior) or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listing on the National Register;
(2) 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;
(3) Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the Interior; or
(4) Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
a. By an approved state program as determined by the Secretary of the Interior;
or
b• Directly by the Secretary of the Interior in states without approved programs.
Lowest floor means the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood - resistant enclosure, used solely for parking of vehicles, 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 nonelevation design
standards of this chapter.
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 contains
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 means 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
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transportable buildings placed on a site for 180 consecutive days or longer and intended to be
improved property.
Mean sea /eve/ 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 floodplain. For purposes of this article, the
term is synonymous with National Geodetic Vertical Datum (NGVD).
National Geodetic Vertical Datum (NGVD) means, as corrected in 1929, a vertical control
used as a reference for establishing varying elevations within the floodplain.
New construction means any structure for which the start of construction commenced after
the effective date of the ordinance from which this section is derived. The term also includes any
subsequent improvements to such structure.
Recreational vehicle means a vehicle which is:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projections;
(3) Designed to be self - propelled or permanently towable by a light duty truck; and
(4) Designed primarily not for use as a permanent dwelling, but a temporary living
quarters for recreational, camping, travel or seasonal use.
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 improvements under the
Coastal Barrier Resources Act (PL 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 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 does it include the
installation of streets and 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 means a walled and roofed building that is principally above ground, a
manufactured home, a gas or liquid storage tank or other manmade facilities or infrastructure.
Substantial damage means 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 of the
market value of the structure before the damage occurred.
Substantial improvement means any combination of repairs, reconstruction, alteration,
rehabilitation, addition, or other improvements to a building, taking place during a ten -year period, in
which the cumulative cost equals or exceeds 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
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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 section 90 -50
Variance means a grant of relief from this article which permits construction in a manner
otherwise provided by this article where specific enforcement would result in unnecessary
hardships.
(Code 1981, § 624.07; Ord. No. 7 -92, § 1(624.07), 7- 21 -92; Ord. No. 25-92, § 1, 1 -5-93; Ord, No. 10 -2003, § 2, 5-6-
03)
Cross reference— Definitions and rules of construction generally, § 1 -2.
Sec. 90 -27. Findings of fact.
(a) The flood hazard areas of the city 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.
(Code 1981, § 624.01; Ord. No. 7 -92, § 1(624.01), 7- 21 -92)
Sec. 90 -28. Statement of purpose.
It is the purpose of this article 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 hazards or which result in damaging increases in erosion or in flood
heights or velocities.
(2) Require that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction.
(3) Control the alteration of natural floodplains, stream channels and natural protective
barriers which are involved in the accommodation of floodwaters.
(4) Control filling, grading, dredging and other development which may increase erosion
or flood damage.
(5)
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Prevent or regulate the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards to other lands.
(Code 1981, § 624.02; Ord. No. 7 -92, § 1(624.02), 7- 21 -92)
Sec. 90 -29. Objectives.
The objectives of this article are to:
(1) Protect human life and health.
(2) Minimize expenditure of public money for costly flood control projects.
(3) Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public.
(4) Minimize prolonged business interruptions.
(6) Minimize damage to public facilities and utilities, such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in floodplains.
(6) Help maintain a stable tax base by providing for the sound use and development of
floodprone areas in such a manner as to minimize flood blight areas.
(7) Ensure that potential home buyers are notified that property is in a flood area.
(Code 1981, § 624.03; Ord. No. 7 -92, § 1(624.02), 7- 21 -92)
Sec. 90 -30. Lands to which article applies.
This article shall apply to all areas of special flood hazard within the jurisdiction of the city.
(Code 1981, § 624.09, Ord. No. 7 -92, § 1(624.09), 7- 21 -92)
Sec. 90 -31. Basis for establishing 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 April 3, 1989, adopted November 8, 1990, with accompanying
maps and other supporting data, and any revision thereto are adopted by reference and declared to
be a part of this article.
(Code 1981, § 624.10; Ord. No. 7 -92, § 1(624.10), 7- 21 -92)
Sec. 90-32. Compliance.
No structure or land shall be located, extended, converted or structurally altered without full
compliance with this article and other applicable regulations.
(Code 1981, § 624.12; Ord. No. 7 -92, § 1(624.12), 7- 21 -92)
Sec. 90 -33. Abrogation and greater restrictions.
This article is not intended to repeal, abrogate or impair any existing easements, covenants
or deed restrictions. However, where this article and another conflict or overlap, whichever imposes
the more stringent restrictions shall prevail.
(Code 1981, § 624.13; Ord. No. 7 -92, § 1(624.13), 7- 21 -92)
Sec. 90 -34. Interpretation.
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In the interpretation and application of this article, all sections shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the city council; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
(Code 1981, § 624.14; Ord. No. 7 -92, § 1(624.14), 7- 21 -92)
Sec. 90 -35. Warning and disclaimer of liability.
The degree of flood protection required by this article 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 manmade or natural causes. This article
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 article shall not create liability on the part of
the city or by any officer or employee thereof for any flood damages that result from reliance on this
article or any administrative decision lawfully made under this article.
(Code 1981, § 624.15; Ord. No. 7 -92, § 1(624.15), 7- 21 -92)
Sec. 90 -36. Penalties for violation.
Violation of this article or failure to comply with any of the requirements of this article,
including violation of conditions and safeguards established in connection with grants of variance or
special exceptions, shall, upon conviction, be punished as provided in section 1 -15.
(Code 1981, § 624.32; Ord. No. 7 -92, § 1(624.16, 624.32), 7- 21 -92)
Secs. 90- 37- 90 -45. Reserved.
Cape Canaveral, Florida, Code of Ordinances >> Subpart B - LAND DEVELOPMENT CODE >> Chapter
90 - FLOODS >> ARTICLE II. - FLOOD DAMAGE PREVENTION >> DIVISION 2. ADMINISTRATION >>
DIVISION 2. ADMINISTRATION Ln
Sec. 90-46. Designation of administrator.
Sec. 90 -47. Duties and responsibilities of administrator.
Sec. 90-48. Establishment of development permit.
Sec. 90-49. Permit procedures.
Sec. 90-50. Variance procedures.
Secs. 90-51 -90-60. Reserved.
Sec. 90-46. Designation of administrator.
The building official is appointed to administer and implement this article.
(Code 1981, § 624.19; Orel. No. 7 -92, § 1 (624.19), 7- 21 -92)
Sec. 90-47. Duties and responsibilities of administrator.
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(a) Duties of the building official under this article shall include but not be limited to:
(1) Review all development permits to ensure that the permit requirements of this article
have been satisfied.
(2) Advise the 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.
(3) Notify adjacent communities and the state department of environmental protection
prior to any alteration or relocation of a watercourse and submit evidence of such
notification to the Federal Emergency Management Agency.
(4) Ensure that maintenance is provided within the altered or relocated portion of a
watercourse so that the floodcarrying 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, in
accordance with section 90-49
(6) Verify and record the actual elevation, in relation to mean sea level, to which the new
or substantially improved structures have been floodproofed, in accordance with
section 90-49
(7) In coastal high hazard areas, obtain certification 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.
(8) In coastal high hazard areas, review plans for adequacy of breakaway walls in
accordance with sections 90 -62 through 90 -65
(9) When floodproofing is utilized for a particular structure, obtain certification from a
registered professional engineer or architect, in accordance with sections 90 -62
through 90 -65
(10) 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), 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.
(11) When base flood elevation data or floodway data have not been provided in
accordance with section 90 -31, obtain, review and reasonably utilize any base flood
elevation and floodway data available from a federal, state or other source, in order to
administer division 3 of this article.
(b) All records pertaining to this article shall be maintained in the office of the building official and
shall be open for public inspection.
(Code 1981, § 624.21; Ord. No. 7 -92, § 1(624.21), 7- 21 -92)
Sec. 90-48. Establishment of development permit.
A development permit shall be required in conformance with this article prior to the
commencement of any development activities.
(Code 1981, § 624.11; Ord. No. 7 -92, § 1(624.11), 7- 21 -92)
Sec. 90-49. Permit procedures.
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Under this article, application for a development permit shall be made to the building official
on forms furnished by him prior to any development activities. The application 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 building, fill, storage of
materials, drainage facilities and the location of such. Specifically, the following information is
required:
(1) Application stage.
a• Elevation in relation to mean sea level of the proposed lowest floor, including
basement, of all buildings;
b• Elevation in relation to mean sea level to which any nonresidential building will
be floodproofed;
C. Certificate from a registered professional engineer or architect that the
nonresidential floodproofed building will meet the floodproofing criteria in
sections 90-62 through 90 -65
d. Description of the extent to which any watercourse will be altered or relocated
as a result of a proposed development.
(2) Construction stage. Provide a first floor (i.e., lowest living area) elevation which is a
minimum of 12 inches above the crown of any street (measured at centerline) which is
contiguous to the site or floodproofing 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 floodproofing 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, floodproofed
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. The
certification shall be prepared by or under the direct supervision of a registered land
surveyor or professional engineer and certified by same. When floodproofing is
utilized for a particular building, the 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 the corrections required shall be cause to issue
a stop work order for the project.
(Code 1981, § 624.20; Ord. No. 7 -92, § 1(624.20), 7- 21 -92; Ord. No. 21 -93, § 1, 7 -6-93)
Sec. 90 -50. Variance procedures.
(a) The zoning board of adjustment shall hear and decide appeals and requests for variances
from this article.
(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 article.
(c) Any person aggrieved by the decision of the zoning board of adjustment or any taxpayer may
appeal such decision to the city council pursuant to section 110 -33 of this Code.
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(d) Variances may be issued for the repair or rehabilitation of historic structures upon a
determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the variance is the minimum to preserve the
historic character and design of the structure.
(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 article and
the following:
(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 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.
(b) The necessity of the facility to a waterfront location, for a functionally dependent
facility.
(6) The availability of altemative locations, not subject to flooding or erosion damage, for
the proposed use.
(7) The compatibility 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
floodwaters and the effects of wave action, if applicable, expected at the site.
01) 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 in subsection (e) of this section and the purposes of
this article, the zoning board of adjustment may attach such conditions to the granting of
variances as it deems necessary to further the purposes of this article.
(9) 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 shall include the following:
(1) Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief and, for 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.
(2) Variances shall only be issued upon:
a• A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional
hardship; and
C. 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
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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.
(4) The building official shall maintain the records of all appeal actions and report any
variances to the Federal Emergency Management Agency upon request.
(Code 1981, § 62422; Ord. No. 7 -92, § 1(624.22), 7- 21 -92; Ord. No. 07 -2007, § 5, 12 -4-07)
Secs. 90- 51- 90 -60. Reserved.
FOOTNOTE(S):
—(2)--
Cross reference— Administration, ch. 2. Back
Cape Canaveral, Florida, Code of Ordinances >> Subpart B - LAND DEVELOPMENT CODE >> Chapter
90 - FLOODS >> ARTICLE II. - FLOOD DAMAGE PREVENTION >> DIVISION 3. FLOOD HAZARD
REDUCTION >>
DIVISION 3. FLOOD HAZARD REDUCTION
Sec. 90 -61. General standards.
Sec. 90 -62. Standards for residential construction, nonresidential construction and elevated buildings.
Sec. 90 -63. Standards for manufactured homes and recreational vehicles.
Sec. 90-64. Floodways.
Sec. 90-65. Coastal high hazard areas (V zones).
Sec. 90-66. Standards for streams without established base flood elevation and floodways.
Sec. 90-67. Standards for subdivision proposals.
Sec. 90-68. Standards for areas of shallow flooding (AO) zones.
Secs. 90- 69- 90 -90. Reserved.
Sec. 90 -61. General standards.
In all areas of special flood hazard, the following shall apply:
(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 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 located to prevent water from entering or accumulating
within the components during conditions of flooding;
(6)
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New and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system;
(7) New and replacement sanitary sewer systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems and discharges from the systems
into floodwaters;
(8) On -site waste disposal systems shall be located and constructed to avoid impairment
to them or contamination from them during flooding;
(9) Any alteration, repair, reconstruction or improvement to a structure which is in
compliance with this article shall meet the requirements of new construction as
contained in this article;
(10) Any alteration, repair, reconstruction or improvement to a building which is not in
compliance with this article shall be undertaken only if such nonconformity is not
furthered or extended; and
(11) Adequate drainage paths shall be provided around structures to guide shallow
floodwaters or stormwater runoff around and away from them.
(Code 1981, § 624.26; Ord. No. 7 -92, § 1(624.26), 7- 21 -92, Ord. No. 25-92, § 2, 1 -5-93; Ord. No. 6-94, § 1, 2 -1 -94)
Sec. 90-62. Standards for residential construction, nonresidential construction and
elevated buildings.
(a) Generally. In all areas of special flood hazard where base flood elevation data have been
provided, as set forth in section 90 -31 or 90-47, the standards in this section are required.
(b) Residential construction. New construction or substantial improvement of any residential
structure shall have a first floor (i.e., lowest living area) elevation which is a minimum of 12
inches above the crown of any street (measured at centerline) which is contiguous to the
site. Should solid foundation perimeter walls be used to elevate a building, openings
sufficient to facilitate the unimpeded movements of floodwaters shall be provided in
accordance with standards of sections-90-62 through 90-65
(c) Nonresidential construction. New construction or substantial improvement of any
commercial, industrial or nonresidential structure shall have a first floor elevation which is a
minimum of 12 inches above the crown of any street (measured at centerline) contiguous to
the site. Buildings located in all A -zones may be floodproofed in lieu of being elevated
provided that all areas of the building 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 set forth in section 90-49
(d) Elevated buildings. New construction or substantial improvements of elevated buildings that
include fully enclosed areas formed by the 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 as follows:
(1) Designs for complying with this subsection must either be certified by a professional
engineer or architect or meet the following minimum criteria:
a• A minimum of two openings shall be provided having a total net area of not less
than one square inch for every square foot of enclosed area subject to flooding;
D. The bottom of all openings shall be no higher than one foot above grade; and
C.
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Openings may be equipped with 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 (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.
(Code 1981, § 624.27(A )—(C); Ord. No. 7 -92, § 1(624.27), 7- 21 -92; Ord. No. 21 -93, §§ 2, 3, 7 -6 -93)
Sec. 90 -63. Standards for manufactured homes and recreational vehicles.
(a) in all areas of special flood hazard where base flood elevation data have been provided, as
set forth in section 90-31 or 90-47, standards for manufactured homes and recreational
vehicles shall be as set forth in this section.
(b) All manufactured homes placed or substantially improved on individual lots or parcels in
expansions to existing manufactured home parks or subdivisions or in substantially improved
manufactured home parks or subdivisions must meet all the requirements for new
construction, including elevation and anchoring.
(c) All manufactured homes placed or substantially improved in an existing manufactured home
park or subdivision must be elevated so that:
(1) The lowest floor of the manufactured home is elevated no lower than one foot above
the level of the base flood elevation;
(2) The manufactured home chassis is supported by reinforced piers or other foundation
elements of at least an equivalent strength of no less than 36 inches in height above
grade;
(3) The manufactured home must be securely anchored to the adequately anchored
foundation system to resist flotation, collapse and lateral movement; or
(4) In an existing manufactured home park or subdivision on which a manufactured home
has incurred substantial damage as the result of a flood, any manufactured home
placed or substantially improved must meet the standards of subsections (c)(1) and
(3) of this section.
(d) All recreational vehicles placed on sites must either:
(1) Be fully licensed and ready for highway use; or
(2) Meet all the requirements for new construction, including anchoring and elevation
requirements of subsection (c)(1) and (3) of this section.
A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to
the site only by quick disconnect -type utilities and security devices and has no permanently
attached structures.
(Code 1981, § 624.27(D); Ord. No. 7 -92, § 1(624.27(E)), 7- 21 -92)
Sec. 90-64. Floodways.
Located within areas of special flood hazard established in section 90 -31 are areas
designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of
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floodwaters which carry debris, potential projectiles and has erosion potential, the following shall
apply:
(1) Encroachments, including fill, new construction, substantial improvements and other
developments are prohibited, 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 sections 90 -62 through 90 -65 are satisfied, all new construction and substantial
improvements shall comply with ail applicable flood hazard reduction sections of this
division; and
(3) The placement of manufactured homes (mobile homes) is prohibited, except in an
existing manufactured home (mobile home) 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 section 90 -61 and the elevation and
encroachment standards of sections 90 -62 through 90 -65 are met.
(Code 1981, § 624.27(D); Ord, No. 7 -92, § 1(624.27(E)), 7- 21 -92)
Sec. 90 -65. Coastal high hazard areas (V zones).
Located within the areas of special flood hazard established in section 90 -31 are areas
designated as coastal high hazard areas. These areas have special flood hazards associated with
wave wash, therefore, the following shall apply:
(1) All buildings or structures shall be located a minimum of 50 feet 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 columns, is located a minimum of one foot
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 during abnormal wave action and in accordance with sections 90 -62
through 90 -65
(3) All buildings or structures shall be anchored on pilings or columns.
(4) All pile and column foundations and structures attached thereto 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. Water loading values shall
equal or exceed the base flood. Wind loading values shall be in accordance with
chapter 1205 of the Southern Standard Building Code Congress International, Inc.,
Standard Building Code, 1988/1989 edition, or subsequent edition then in effect.
(5) A registered professional engineer or architect shall certify that the design,
specifications and plans for construction are in compliance with sections-90-62
through 90 -65
(6) There shall be no fill used as structural support. Noncompacted fill may be used
around the perimeter of a building for landscaping and 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 and
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aesthetic fill only after the applicant has provided an analysis by an engineer, architect
or soil scientist, which demonstrates that the following 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 runup or ramping.
(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 it is not part of the structural support of the building and is designed to break
away, under abnormally high tides or wave action, without damage to the structural
integrity of the building on which it is 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 sections 90 -62 through 90 -65
(12) Prohibit the placement of manufactured homes (mobile homes), except in an existing
manufactured home (mobile home) 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 section 90 -61, and the elevation standards of
sections 90 -62 through 90 -65 are met.
(Code 1981, § 624.27(E); Orel. No. 7 -92, § 1(624.27(F)), 7- 21 -92)
Sec. 90 -66. Standards for streams without established base flood elevation and
floodways.
Located within the areas of special flood hazard established in section 90 -61 et seq., where
streams exist but where no base flood data has been provided or where base flood data has been
provided without floodways, the following provisions apply:
(1) No encroachments, including fill material or structures, shall be located within areas of
special flood hazard, unless certification by a registered professional engineer is
provided demonstrating that the cumulative effect of the proposed development, when
combined with all other existing and anticipated development, will not increase the
water surface elevation of the base flood more than one foot at any point within the
community. The engineering certification should be supported by technical data that
conforms to standard hydraulic engineering principles.
(2) New construction or substantial improvements of buildings shall be elevated or
floodproofed to elevations established in accordance with section 90- 47(11).
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(Code 1981, § 624.28; Ord. No. 7 -92, § 1(624.28), 7- 21 -92)
Sec. 90 -67. 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.
(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 50 lots or five acres.
(Code 1981, § 624.29; Ord. No. 7 -92, § 1(624.29), 7- 21 -92)
Sec. 90 -68. Standards for areas of shallow flooding (AO) zones.
Located within the areas of special flood hazard established in this article are areas
designated as shallow flooding areas. These areas have special flood hazards associated with
base flood depths of one to three feet where a clearly defined channel does not exist and where the
path of flooding is unpredictable and indeterminate; therefore, the following shall apply:
(1) All new construction and substantial improvements of residential buildings 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 feet above the highest adjacent grade.
(2) All new construction and substantial improvements of nonresidential buildings shall:
a• 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 feet above the highest adjacent grade; or
b• Together with attendant utility and sanitary facilities be completely floodproofed
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.
(Code 1981, § 624.30, Ord. No. 7 -92, § 1 (624.30), 7- 21 -92)
Secs. 90- 69- 90 -90. Reserved.
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Cape Canaveral, Florida, Code of Ordinances >> Subpart B - LAND DEVELOPMENT CODE >> Chapter
90 - FLOODS >> ARTICLE 111. FLOODPLAIN PROTECTION >>
ARTICLE Ill. FLOODPLAIN
PROTECTION 191
Sec. 90-91. Definitions.
Sec. 90-92. Purpose and intent.
Sec. 90-93. Development in designated floodplains.
Sec. 90 -94. Prohibited uses.
Secs. 90 -95-90 -115. Reserved.
Sec. 90 -91. 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 context clearly indicates a different meaning:
Agricultural pursuits means activities related to cultivating the soil and producing crops.
Best management practices means those practices as developed and recommended by the
U.S. Department of Agriculture, state department of agriculture or other appropriate agencies.
Development means the carving 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 of land into two or
more parcels.
(1) The following activities shall be construed to involve development:
a• Reconstruction, alteration of the size or material change in the external
appearance of a structure.
b. Change in land use intensity, such as an increase in the number of units in a
structure or on the land.
C. Alteration of a shore or bank of a seacoast, river, stream, lake, pond or canal.
d• Alteration of the land or vegetation in a floodplain or floodprone area.
e• Drilling, except to obtain soil samples, mining or excavation on land.
f• Demolition of a structure.
9• Clearing of land.
h• Deposit of refuse, solid or liquid waste or fill on land.
(2) The term "development' includes all other development customarily associated with it,
unless otherwise specified. When appropriate to the context, development 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 means flood insurance rate maps published by the Federal Emergency
Management Agency (FEMA).
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Floodplain means a floodprone area which may or may not have a hydrological connection to
the Indian River Lagoon System. For purposes of this article, a floodplain means any area within
the 100 -year floodplain.
Forestry means 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.
Hazardous materials means 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:
(1) Chapter 38F -41 of the Florida Administrative Code (the state substance list).
(2) 40 CFR 261 (identification and listing of hazardous wastes).
(3) 40 CFR 302.4 (designation of hazardous substances).
(4) 40 CFR 355, appendices A and B (list of extremely hazardous substances).
A hazardous material includes any solution, mixture or formulation containing such 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.
Isolated floodplain means any floodplain area which does not have a direct connection to
open water.
100 -year floodplain means the floodplain that is at or below the 100 -year flood elevation. The
100 -year floodplain has been given a statistical probability of one in 100 of being flooded in any
given year according to the best available data.
Solid waste 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, semisolid or contained gaseous material resulting from domestic, industrial, commercial,
mining, agricultural or governmental operations.
(Code 1981, § 668.03; Ord. No. 10-93, § 1(668.03), 6- 15-93)
Cross reference— Definitions and rules of construction generally, § 1 -2.
Sec. 90 -92. Purpose and intent.
It is the purpose and intent of this article to protect and restore, where feasible, the natural
functions of floodplains within the city. It is also the intent of this article to apply the standards for
development in this article within all areas covered by the 100 -year floodplain.
(Code 1981, § 668.01; Ord. No. 10-93, § 1(668.01), 6- 15-93)
Sec. 90 -93. Development in designated floodplains.
All site plans, subdivision plats and other development proposals shall be reviewed by the
building official or his designee to determine their impact upon floodplains. The following regulations
shall apply to development in designated floodplains:
(1) Uses usually permitted in floodplain areas include the following:
a.
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Agricultural pursuits, including forestry operations, utilizing best management
practices and agricultural structures which will not restrict the flow of
floodwaters above the 100 -year floodplain elevation;
b• Recreation consistent with the requirements of the floodplain;
C. Fish and wildlife management; and
d. Open space.
(2) Development within floodplains shall not have adverse impacts upon adjoining
properties.
(3) All development within floodplains shall require a building permit, unless the
development consists solely of activities which are excluded from the meaning of the
term "development."
(4) Development requiring a building permit shall not cause a net loss in the flood storage
capacity of the floodplain. The provisions of section 90- 148(3), relating to floodplain
storage and conveyance, shall also apply.
(5) Floodplain elevations shall be determined utilizing the best available data, which
includes FIRM maps and the flood insurance studies for the county and
unincorporated areas, dated April 3, 1989, prepared by FEMA.
(6) Development within the 100- to 25 -year floodplain shall not negatively impact other
property or the receiving surface water body quality.
(Code 1981, § 668.05; Ord. No. 10-93, § 1(688.05), 6- 15-93)
Sec. 90 -94. 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 subsection are structures shown to have overriding public benefit.
Replacement or repair of nonbreached 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 this Code and other
ordinances of the city.
(c) The following specific uses are incompatible with the floodplain and shall not be permitted:
(1) Placing, depositing or dumping solid wastes, including sludge, septage, scallop shells
and viscera.
(2) Processing, storing or disposal of hazardous materials.
(Code 1981, § 668.09, Ord. No. 10-93, § 1(688.09), 6- 15 -93)
Secs. 90 -95-90 -115. Reserved.
FOOTNOTE(S):
--(3)—
Cross reference— Supplementary zoning district regulations, § 110 -466 et seq. Back
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