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ORDINANCE NO. 5265-92
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO FLOOD PROTECTION; AMENDING SECTION 146.004,
CODE OF ORDINANCES, TO REVISE THE DEFINITION OF
"SUBSTANTIAL IMPROVEMENT" IN ORDER TO COMPLY WITH
FLORIDA LAW RELATING TO THE LENGTH OF TIME IN WHICH
CERTAIN COSTS ARE TO BE ACCOUNTED FOR AND LIMITED ON
CLEARWATER BEACH AND SAND KEY, BUT NOT IN OTHER AREAS OF
SPECIAL FLOOD HAZARD WITHIN THE CITY; PROVIDING AN
EFFECTIVE DATE,
WHEREAS, the definition of "substantial improvement" in Section 161.54,
Florida Statutes, has been amended by the enactment of House Bill 101 by the 1992
Florida Legislature, which will take effect on October 1, 1992; and
WHEREAS, pursuant to the amendment, the costs of repair, reconstruction,
or other improvements to structures in the coastal building zone must be
accounted for and are limited during any five-year period; and
WHEREAS, the islands of Clearwater Beach and Sand Key are in the "coastal
building zone" as defined by state law in Section 161.54, Florida Statutes; and
WHEREAS, it is necessary to amend the definition of "substantial
improvement" in the flood protection ordinance of the City to eliminate an
inconsistency in the length of time during which certain costs are to be
accounted for and limited on Clearwater Beach and Sand Key; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Subsection (1) of Section 146.004, Code of Ordinances, as
amended by Ordinance 5124-91, is further amended to read:
Section 146.004. Definitions.
As used in this chapter:
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"Substantial improvement" means:
(1) (a) With respect to any property located on Clearwater Beach or
Sand Key, any repair,. reconstruction, rehabilitation, addition, or other
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improvement of a structure during a five 5 He (I) year period, the cumulative
cost of which equals or exceeds 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.
Section 2. This ordinance shall take effect October 1, 1992.
PASSED ON FIRST READING September 3, 1992
PASSED ON SECOND AND FINAL
READING AND ADOPTED September 17, 1992
Attest:
Cyn ia E. Goudeau
Cat Clerk
Rita Garvey
Mayor-Commissioner
Approved as to form and correctness:
M. A. Galbraith,(,-I-r
City Attorney