5463-93
QRDINANQE NO, 5463-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE LAND DEVELOPMENT CODE; AMENDING
SECTION 42.21, CODE OF ORDINANCES, TO REVISE THE
REQUIREMENTS FOR NONCONFORMING USES ON BARRIER
ISLANDS TO ENCOURAGE COMPLIANCE WITH DEVELOPMENT
AND BUILDING REGULATIONS, INCLUDING FLOOD DAMAGE
PREVENTION REGULATIONS; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section I, Section 42.21, Code of Ordinances, is amended to read:
Sec. 42.21. Nonconformities.
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(7) Nonconforming densities or intensities of use in structures located on a barrier island.
Notwithstanding any other provision of this section, any structure located on a harrier island within th
which is nonconforming; due to density or intensity of use, but which was in
compliance with all applicable land development regulations at the time of its construction, and which
'. is damaged or destroyed by a storm, flood, fire or other catastrophic event, or proposed for major repair
F or reconstruction not-related-to a storm, -flood. fire or
other catastrophic event shall he subject to the
following:
(a) If the structure is damaged such that the cost of repair or reconstruction to its pre-damaged
condition is less than 50 percent of the market value of the structure before the damage occurred,
the structure may be repaired or reconstructed in compliance with subsection (3) of this section,
and shall not be subject to the requirements of chapter 51 relating to flood damage prevention.
(b) If the structure is damaged such that the cost of reconstruction to its predamag;ed condition equals
or exceeds 50 percent of the market value of the structure before the damage occurred, the
structure may be reconstructed in compliance with subsection (5) of this section. The project
shall be subject to all applicable development regulations, and building; code requirements,
including but not limited to the requirements of chapter 51, relating to flood damage prevention,
with the exception of density or intensity of use requirements.
If the structure is nrcmosed for reouir or reconstruction not_relawd to damage by a storm,.floo
fire )r other catas ro phi • ev gnt and the cost o#' repair ctr recc?nti r cctinn a uals or exceeds 50
percent of the market-value c±#' the_titrticture before Jhe repair or reconstruction, the project shall
e sLth_jec it a! a Ili " bl ` development re nli ions and building 'tide regUl[ements. including
but not limited to the requirements of chanter 51, relating; to flood damage prevention. with [lie
exception of density or intrnsi y of use realiirements: nrovide4l, however, that the density ;Ind
floor area shall net gxce ed he dentin, and floor area hat exit ec! rior o such re r it or
reconstruction,
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JQ{$} Any owner who proposes repair or reconstruction pursuant to this subsection shall demonstrate
that the structure was in compliance with all applicable regulations at the time of construction.
* * * * * * * * * *
Section 2, The provisions of this ordinance have been found to be consistent with the City of
Clearwater Comprehensive Plan.
Section . This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING October 7, 1993
PASSED ON SECOND AND
FINAL. READING AND ADOPTED October 21, 1993
Mayor-Commissioner
Attest:
Cy is E. Goudeau
City Clerk
Approved as to form and correctness;
M. A. Galbrai , Jr
City Attorney
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5 463 - 91?
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Part of Section 12, Township 29 South, Range 15 East, and described
more fully as follows:
Beginning at the Southwest corner of the Northwest 1/4 of the
,Northeast 1/4 of Section 12, Township 29 South, Range 15 East, run
North 00°17`02" East 30.00 feet to a point on the Northerly right-
of-way line of Range Road; thence South 89°20'02" East 754.01 feet
along said Northerly right-of-way line of Range Road to the POINT OF
BEGINNING; thence continuing South 89°20'02" East along the
Northerly right-of-way line of Range Road 152.61 feet; thence North
00°05'54" East 200.00 feet; thence North 89°20'02" west 152.63 feet;
thence South 00°05'54" West 200.06 feet to the POINT OF BEGINNING.
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EXHIBIT A
f?G3 - 93