5124-91
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' ORDINANCE-NO. 5124-91
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO FLOOD PROTECTION; AMENDING SECTION 146.004,x?
CODE, OF ORDINANCES, TO REVISE THE. DEFINITIONS OF
rr.SHBSTANTIAL"'IMPROVEMENT" AND "MARKET VALUE, OF THE
STRUCTURE;" PROVIDING AN EFFECTIVE DATE.
WHEREAS, the flood protection ordinance of the City of Clearwater, first
adopted in 1972, is based upon the requirements of federal and state law and has
been amended from time to time to eliminate inconsistencies and achieve
compliance with those requirements; and
WHEREAS, certain properties in the City, including but not limited to
Island Estates and properties near Tampa say, are in "areas of special flood
hazard" (as defined by federal rule in 44 C.F.R. §59.2) but are not in the
"coastal building zone" (as defined by state law in §161.54, F.S.), which in the
City includes only the islands of Clearwater Beach and Sand Key; and
WHEREAS, a definition of "substantial improvement" is necessary for the
purpose of regulating construction in areas of special flood hazard and in the
coastal building zone; and
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WHEREAS, the state definition of "substantial improvement" provides that
the cost of any repair, reconstruction, or improvement of a structure in a
coastal building zone is limited to a "cumulative total" of fifty (50) per cent
of the market value of the structure before the start of construction of the
improvement, or the occurrence of damage to a structure being restored (§161.54,
F.S.), but the statute fails to define "cumulative total;" and
j WHEREAS, "cumulative total" as used in the state definition of "substantial
improvement" has been informally understood to mean "during the life of the
structure," but that meaning is derived from an informal staff opinion from the
Florida Department of Community Affairs and not from a rule adopted pursuant to
the Administrative Procedures Act, Chapter 120, Florida Statutes; and
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WHEREAS, an agency of the State of Florida may not adopt rules except in
compliance with the Administrative Procedures Act, and any "rule" which has not
been adopted in compliance with that Act is invalid; and
WHEREAS, the federal definition of "substantial improvement" does not limit
the costs of reconstruction, rehabilitation, addition, or other improvement of
a structure in an area of special flood hazard to a cumulative total of fifty
(50) per cent of the market value of the structure; and
WHEREAS, the federal definition has been amended subsequent to the adoption
of the state definition, but still does not include the "cumulative total"
limitation; and
WHEREAS, the definition of "substantial improvement" in the flood
protection ordinance of the City was amended on June 21, 1990, by the adoption
of Ordinance 5004-90 in order to eliminate certain inconsistencies between the
definition in the ordinance and the federal definition, but the "cumulative
total" requirement was included with respect to properties on Clearwater Beach
and Sand Key to reflect the state definition and the invalid state "rule;" and
WHEREAS, the City of Clearwater has surveyed the ordinances and practices
of other coastal communities in Florida and has found a wide variety of practices
including a 3-year time limit for determining the total costs, in one instance,
and no time limit and no use of the term "cumulative total," in several
instances; and
WHEREAS, the Federal Emergency Management Agency, which administers the
national flood insurance program, has recommended that cities and counties
include in their flood protection ordinances a definition of "substantial
improvement" which incorporates either a "life of the structure" standard or a
term of years to be established by the city or county, at the option of the city
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or county; and
WHEREAS, the federal rule is that the federal rules are minimum standards,
and that more stringent state and local rules apply, but in Florida there is no
valid rule which requires that "cumulative total" means during the life of the
structure; and
WHEREAS, the City Commission finds that the enforcement of its flood
protection ordinance with a "life of the structure" standard in the definition
of "substantial improvement" operates to impose an unnecessary hardship upon
property owners in the coastal building zone within the city, may impose an
unequal burden upon the owners of properties which are within the "areas of
special flood hazard" but which may or may not be in the "coastal building zone,"
and will operate over time to impair the ability of property owners to maintain
their properties to acceptable levels of maintenance, to the detriment of the
individual properties, their neighborhoods, and the community at large; and
WHEREAS, the definition of "market value of the structure" requires
amendment as provided herein to eliminate internal inconsistencies with other
provisions of the flood protection ordinance, including the definition of
"substantial improvement;" now, therefore,
DE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 3. Section 146.004, Code of Ordinances, as amended by Ordinances
4912-90 and 5004-90, is further amended to read:
v Section 146.004. Definitions.
As used in this chapter:
"Market value of the structure" means the appraised value of the structure,
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not including land, driveways, sidewalks, landscaping, swimming pools, and other
similar improvements not related to the basic structure, prior to the start of
the in4t_a' repair or improvement, or in the case of damage, prior to the damage
occurring.
"Substantial improvement" means:
(1) (a) With respect to any property located on Clearwater Beach or
Sand Key, any reconstruction, rehabilitation, addition, or other improvement of
a structure during a one 1 year eriod the cumulative cost of which equals or
exceeds a-eufn fifty (50) per cent of the market value of the
structure before the start of construction of the improvement; or
(b) With respect to any property located in an area of special flood
hazard other than on Clearwater Beach or Sand Key, any reconstruction,
rehabilitation, addition, or other improvement of a structure during a one (1)
year period, the cost of which equals or exceeds fifty (50) percent of the market
value of the structure before the start of construction of the improvement.
(2) For the purposes of this definition, construction is considered to
have started 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 structure.
(3) The term ingludes structures which have incurred substantial damage,
regardless of the actual repair work performed.
(4) The term does not, however, include any project for improvement of
a structure to correct existing violations of health, sanitary, or safety code
specifications which have been identified by the building official and which are
the minimum necessary to assure safe living conditions. The term does not
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Attest:
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Cyn is E. Goudeau
Cit Clerk
Approved as to form
and correctness:
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M. A. Galbraith, ,Jr.
City Attorney /
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August 15, 1991
September 5, 1991
Rita Garvey
Mayor-Commissioner
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include any alteration of a structure listed on the National Register of Historic
Places or the State Inventory of Historic Places, provided that the alteration
will not preclude the structure's continued designation as a historic structure
on such National Register or State Inventory.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
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