§ 62-510. West Canaveral Groves area.

(a)

Determination of West Canaveral Groves area. The West Canaveral Groves area which is the subject of the provisions of this section is defined as all land lying within Sections 8, 17, 20, 29, Township 24, Range 35, south of SR 528 and north of SR 520, herein referred to as the West Canaveral Groves area.

(b)

Status of existing permanent structures.

(1)

Existing permanent structures are those permanent structures which are located within the West Canaveral Groves area, and have been identified to be in existence as of December 9, 1994 based upon certification on or before January 30, 1995 from the growth management director. Permanent structures shall include site built homes, manufactured homes and park trailers, used either as permanent or seasonal residences which shall be authorized and accepted as permitted single-family residential structures provided the owner complies with all conditions of this section, including, but not limited to, dedication of road rights-of-way.

(2)

Reserved.

(3)

In the event that an existing permanent structure is destroyed, it may only be reconstructed consistent with the requirements of the applicable zoning classification. In addition, all existing permanent structures shall be deemed to be consistent with the provisions of any land clearing of the county, and shall not be required to undergo additional concurrency review.

(4)

The issuance of a building permit or other development order does not guarantee or assure that telephone service, electrical service, cable television or other private or public utilities will be provided to the structure.

(c)

Conditions for authorization and acceptance of existing permanent structures. In order for any permanent existing structure, certified as required in subsection (b)(1) above to be issued a certificate of completion and approval of electrical service connection, the existing permanent structure shall meet all applicable federal, state and county regulations and codes in effect at the time of application.

(1)

The issuance of a building permit or other development order does not guarantee or assure that telephone service, electrical service, cable television service, or other private or public utilities will be provided to the existing permanent structure.

(2)

The finished floor elevation shall be determined by the county based upon the estimated elevation for the crown of the roadway, when paved, upon which the structures fronts and upon the requirements established by the Federal Emergency Management Agency requirements.

(3)

Variances to the finished floor elevation may be granted or denied by the county, based upon certification by a state registered professional engineer that the structure will not flood or have any adverse effect on either the subject property or adjacent properties. The required engineering certification shall be based upon, and shall include a drainage plan and stormwater analysis considering the 25-year, 24-hour storm event, as a minimum design criterion. Additional analysis may be requested by the county in the event that an existing structure cannot be shown to meet the criteria above, alternative drainage improvements could be considered to address flooding of the subject property or adjacent property. Variance shall not be granted in violation of Federal Emergency Management Agency (FEMA) regulations.

(d)

Conveyance of road rights-of-way. No structure shall be authorized and accepted as an existing permanent structure and issued a certificate of completion, unless the road rights-of-way adjacent to the property has been donated to the county.

(e)

Status of existing temporary structures.

(1)

Recreational vehicles (except park trailers), tents, and other temporary structures, used either as permanent or seasonal residences, shall not be considered to be permanent structures for purposes of this section.

(2)

All temporary structures, which are not structures accessory to a permanent structure and consistent with applicable county codes shall be removed within 120 days of December 12, 1995. The use of recreational vehicles (except park trailers), tents and other temporary structures as residences must be discontinued within 120 days of December 12, 1995.

(f)

New development within West Canaveral Groves.

(1)

All new structures developed within West Canaveral Groves area after December 12, 1995 shall meet all current procedures, policies and regulations in force at the time of application for a building permit and onsite sewage disposal permit. No building permit or onsite sewage disposal system permit shall be issued by the County, unless the road rights-of-way adjacent to the property has been donated to the county.

(2)

Reserved.

(3)

The issuance of a building permit or other development order does not guarantee or assure that telephone service, electrical service, cable television or other private or public utilities will be provided to the structure.

(g)

Status of property in relation to municipal service benefit unit and municipal service taxing unit. Nothing is this section shall be construed to exempt any property owner within the West Canaveral Groves areas, as defined in this section, from participating in a municipal services benefit unit (MSBU) or a municipal services taxing unit (MSTU) affecting real property within the West Canaveral Groves area, which was duly established by the board of county commissioners at any time prior to or after December 12, 1995.

(h)

Enforcement actions.

(1)

Nothing in this section shall be construed as a waiver of the county's right to initiate enforcement actions under all applicable codes and ordinances under the jurisdiction of the county or other proceedings provided by law.

(2)

The county shall have the authority to enforce compliance consistent with provisions of this section by appropriate legal action in a court of competent jurisdiction and/or by enforcement through the county code enforcement.

(3)

No delay or failure on the part of the county to exercise any right or remedy or preclude the county from the exercise thereof, at any time during the continuation of any event of violation.

(i)

Permits required by other agencies. Nothing in this section shall be construed to eliminate the need for property owners to meet all applicable federal, state or regional regulations and codes which are required by the administering agency.

(Ord. No. 94-26, §§ 1—9, 12-12-94; Ord. No. 95-55, §§ 1—9, 12-12-95; Ord. No. 98-63, § 1, 12-8-98; Ord. No. 2000-08, § 1, 2-1-00; Ord. No. 2001-34, § 1, 7-24-01)