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5124-91 0 I ' ' ORDINANCE-NO. 5124-91 z I 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 1 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 ¦ i 1; 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 2 ? Y 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, 3 11512V-1,/ r e • 1 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 4 .5-ia /- ?T/ i 1 r F 5 4 i i f t r F 1 Attest: ?w Cyn is E. Goudeau Cit Clerk Approved as to form and correctness: 1 / . n V, I M. A. Galbraith, ,Jr. City Attorney / 5 August 15, 1991 September 5, 1991 Rita Garvey Mayor-Commissioner siz c/- 4ji fg? 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 r r ?* W