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6795-01 . . . ORDINANCE NO. 6795-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-601, DOCKS BY REVISING THE DOCK PROVISIONS IN THEIR ENTIRETY; BY AMENDING 3-909 BY REVISING THE NEWSRACK PROVISIONS IN THEIR ENTIRETY; BY AMENDING ARTICLE 8 DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8-102 BY ADDING DEFINITIONS OF NEWSRACK AND MODULAR NEWSRACK; PROVIDING AN EFFECTIVE DATE. WHEREAS the City of Clearwater has conducted an in-depth review of the dock and newsrack provisions and determined that the existing requirements need to be amended; and WHEREAS, the Clearwater Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed these amendments, conducted a public hearing to consider all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan; and WHEREAS, the Clearwater City Commission has fully considered the recommendation of the Community Development Board and testimony submitted at its public hearing; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 3, Development Standards, Section 3-601, Dock/Marina Standards is hereby revised as follows: Section 3-601. Docks. 1\. Permit required. All docks '.Nhich are proposed to be constructed, added to, or structurally altered shall obtain a building permit and a permit from Pinellas County. B. Procedures. An application for a building permit for the construction, addition or structural alteration of a dock shall be ref-erred to the City's Harbormaster to determine the impact of the dock on navigation. If the Harbormaster determines that the construction, addition or structural alteration '....ill not adversely a~ct navigation, the application shall be referred to the community development coordinator to be considered as a Ordinance No. 6795 -01 . level one approval in accordance 'J.'ith the provisions of Article '1 Division J.,. C. Repair. 1. Repair or replacement of any residential dock, catwalk, or portion of a dock or catwalk that involves 50 percent or more of the dock, cat\\'alk or boat lift shall required that the dock, catwalk, or boat lift conform to the length, 'J:idth and position requirements of this division. 2. If any dock, seawall, bulkhead, private bridge, or marina is permitted to fall into disrepair so as to become a dangerous structure creating an unreasonable risk of bodily injury to any person v.'ho may walk thereon, such structure shall be either removed or repaired so as to conform 'Nith the requirements of this division. D. Docks, boat Iiff and ser/fce caf'llaJk setbacks. Docks must be located in the center one third of the lot or 20 feet from any extended property line, whichever is less, unless the dock is proposed to be shared by adjoining properties whereupon the dock may be constructed on the property line provided that all the other standards of this divisions are met. Boat lifts and service catwalks (three feet maximum width) shall be a minimum of ten feet from any extended property line. . E. Length~ The length of docks and boatlifts shall not exceed 25 percent of the width of the watel"\vay or half of the width of the property on 'I.'hich the dock is to be located, \Nhichever is less. F. Ifl/idth. The width of a dock shall not exceed 35 percent of the 'Nidth of the property, measured at the waterfront or 50 feet, whichever is less. G. Tie pole setbacks. A minimum of one foot setback from any extended property line must be maintained. No tie pole shall be allo'l.'ed to project into the na'.'igable portion of a watel"\A,ay more than 25 percent of such waterv/ay. H. Cover boat lifts. 1. Covered boat lifts are permitted provided a permanent and solid roof deck is constructed with materials such as asphalt shingles, metal, tile or 'Nood. Canvas and canvas like materials are prohibited. 2. Vertical side'Nalls for boat lifts are prohibited. . 2 Ordinance No. 6795-01 . I. Single pile davits and personal wat.ercraft fifts. Exempt from the setback criteria so long as such davits and lifts are contained entirely within the extended property lines. J. Number of slips. No dock shall provide more than t\vo slips for the mooring of pleasure craft, except as houseboats may othelvJise be permitted consistent with Chapter 33 of the City's Code, which slips shall be for the exclusive use of the residents of the contiguous upland property. K. Personalll'/atercraft .lifts are not considered to be boats slips. L. Existing docks and lifts. 1. New boat lifts installed in previously permitted '1.'et slips are exempt from setback standards so long as such lifts are entirely contained within the extended property lines. 2. Repairs. a. Repairs to a dock, including mooring piles, require a permit. . b. Repairs to a permitted boat lift shall not require a permit unless pilings are replaced. Repaired or reconstructed boats lifts shall not have enclosed sides. c. Repairs to or replacement of deck boards only do not require a permit. This exemption does not apply to any support structures such as stringers, caps or floaters. All deck boards must meet the minimum construction criteria of Section 166.332(7), Pinellas County regulations. 3. The harbormaster may approve deviations to these standards contingent upon one or more of the following: a. Approval of the proposed deviation by the affected adjacent property O'.vner(s)'t.'ho must sign and notarize the proposed construction plan as having no objection. b. An independent evaluation by the harbormaster's office that no navigational or riparian rights conflicts will occur due to the proposed construction. . c. Property configuration and circumstances that preclude placement of reasonable dock structures 'I.'ithin the above requirements. 3 Ordinance No. 6795-01 . M. Publicly O'.vned facilities. Roofed structures shall be permitted on publicly O'.Imed board\"Jalks, observation platforms, elevated nature trails and other such structures not intended for use as a dock facility. Vertical '.\'alls shall not be allov.'ed. A. City Approval and Pinel/as County Water and Naviqation Control Authority Permit Required. No dock may be constructed, added to, or structurally altered without first obtaininq approval by the City and a permit from the Pinellas County Water and Naviqation Control Authority. B. City Approval Procedures. Review and approval by the Community Development Coordinator and/or the Community Development Board shall be required prior to the issuance of a permit from the Pinellas County Water Naviqation Control Authority. Such approval shall be considered a level one (minimum standard or flexible standard approval) or a level two (flexible development) approval in accordance with the provisions of Article 4 Divisions 3 and 4. C. New Docks. 1. Docks. boatlifts and service catwalks that serve sinqle-family or two-family dwellinqs. . a. Setbacks. A dock shall be located in the center one-third of the lot or twenty (20) feet from any property line as extended into the water, whichever is less, unless the dock is proposed to be shared by adioininq properties whereupon the dock may be constructed on the common property line provided that all other standards of this division are met. Boatlifts and service catwalks shall be a minimum of ten (10) feet from any property line extended into the water. Tie poles shall be setback a minimum of one (1) foot from any extended property line. Sinqle pile davits and personal watercraft lifts are exempt from these setback requirements provided they are contained entirely within the extended property lines. b. Lenqth. The lenqth of docks and boatlifts shall not exceed twenty-five (25) percent of the width of the waterway or half of the width of the property measured at the waterfront property line, whichever is less. Tie poles may extend beyond the dock provided such poles do not exceed twenty-five (25) percent of the width of the waterway and do not constitute a naviqational hazard. . c. Width. The width of docks, excludinq boatlifts, shall not exceed thirty- five (35) percent of the width of the property measured at the waterfront property line or fifty (50) feet, whichever is less. 4 Ordinance No. 6795-01 . d. Covered boatlifts. Covered boatlifts are permitted provided a permanent and solid roof deck is constructed with material such as asphalt shinQles, metal. tile or wood. Canvas and canvas like roof materials are prohibited. Vertical sidewalls are prohibited on any boatlift or dock. e. Number of slips. No dock shall provide more than two (2) slips for the moorinQ of boats, except as houseboats may otherwise be permitted consistent with Chapter 33 of the City's Code of Ordinances. Slips shall be for the exclusive use of the residents of the contiQuous upland property. Personal watercraft lifts are not considered to be boat slips. f. Width of Catwalks. Service catwalks shall not exceed three (3) feet in width. . g. Deviations. The Community Development Coordinator may Qrant deviations from the requirements of this section as a Level One (minimum standard) approval provided that siQned and notarized statements of no obiection are submitted from adiacent waterfront property owners, as well as siQned and notarized statements on the Pinellas County Water and NaviQation Control Authority permit application. In the event that such statements cannot be obtained, applications for deviations may be approved by the Community Development Coordinator throuQh a Level One (flexible standard) approval process based on one of the followinQ: i. The proposed dock will result in no naviQational conflicts and the lenQth of the proposed dock will not exceed twenty-five (25) percent of the width of the waterway; or ii. The proposed dock location needs to be adiusted to protect environmentally sensitive areas; or iii. The property confi!::!uration precludes the placement of a dock in compliance with the required dimensional standards; however, the proposed dock will be similar in dimensional characteristics as surroundinQ dock patterns. . 2. Multi-Use Docks. A multi-use dock, which is any dock owned in common or used by the residents of a multi-family development, condominium, cooperative apartment, mobile home park or attached zero lot line development shall be permitted as a Level One (minimum standard) use provided such dock is less than 500 square feet in deck area and complies with the dimensional standards set forth in Section 3-601 (C)(3)(h) 5 Ordinance No. 6795-01 . 3. Commercial Docks. A commercial dock is any dock, pier, or wharf, includinq boatlifts. that is used in connection with a hotel. motel or restaurant where the slips are not rented. leased or sold; or such facilities used in connection with a social or fraternal club or orqanization and used only by its membership; or such facilities constructed and maintained by the City of Clearwater. Pinellas County or by any state or federal aqency. Commercial docks shall only be permitted as a Level Two (flexible development) use, which requires approval by the Community Development Board (COB). Any multi-use dock with a deck area exceedinq 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the followinq criteria. a. Use and Compatibility. i. The proposed dock shall be subordinate to and contribute to the comfort. convenience or necessities of the users or the occupants of the principal use of the property. ii. The proposed dock shall be in harmony with the scale and character of adiacent properties and the neiqhborhood in qeneral. . iii. The proposed dock shall be compatible with dock patterns in the qeneral vicinity. b. Impacts on Existinq Water Recreation Activities. The use of the proposed dock shall not adversely impact the health. safety or well beinq of persons currently usinq the adiacent waterways for recreational and/or commercial uses. Furthermore, it shall not hinder or discouraqe the existinq uses of the adiacent waterway by uses includinq but not limited to non-motorized boats and motorized boats. c. Impacts on Naviqation. The existence and use of the proposed dock shall not have a detrimental effect on the use of adiacent waters for naviqation, transportation. recreational or other public conveniences. d. Impacts on Marine Environment. i. Docks shall be sited to ensure that boat access routes avoid injury to marine qrassbeds or other aquatic resources in the surroundinq areas. . ii. Docks shall not have an adverse impact upon natural marine habitats, qrass flats suitable as nursery feedinq qrounds for marine life, or established marine soil suitable for producinq plant qrowth of a type useful as nursery or feedinq qrounds for marine life; manatee 6 Ordinance No. 6795-01 . sanctuaries; natural reefs and any such artificial reef which has developed an associated flora and fauna which have been determined to be approachinq a typical natural assemblaqe structure in both density and diversity; oyster beds; clam beds; known sea turtle nestinq site; commercial or sport fisheries or shell fisheries areas; and habitats desirable as iuvenile fish habitat. e. Impacts on Water Quality. I. All turninq basin, access channels, boat moorinq areas and any other area associated with a dock shall have adequate circulation and existinq water depths to ensure that a minimum of a one foot clearance is provided between the lowest member of a vessel (e.q. skeqs, rudder, prop) and the bottom of the waterbody at mean or ordinary low water (-0.95 NGVD datum). ii. The dock shall not effectively cause erosion, extraordinary storm drainaqe. shoalinq of channels, or adversely affect the water quality presently existinq in the area or limit proqress that is beinq made toward improvement of water quality in the area in which the dock is proposed to be located. . f. Impacts on Natural Resources. I. The dock shall not have a material adverse impact upon the conservation of wildlife, marine life, and other natural resources, includinq beaches and shores, so as to be contrary to the public interest. ii. The dock shall not have an adverse impact on veqetated areas; veqetative. terrestrial, or aquatic habitats critical to the support of listed species providinq one or more of the requirements to sustain their existence, such as ranqe. nestinq or feedinq qrounds; habitats which display bioloqical or physical attributes which would serve to make them rare within the confines of the City; desiqnated preservation areas such as those identified in the comprehensive land use plan, national wildlife refuqes, Florida outstandinq waters or other desiqnated preservation areas, and bird sanctuaries, g. Impacts on Wetlands Habitat/Uplands. The dock shall not have a material adverse affect upon the uplands surroundinq. h. Dimensional Standards. . 7 Ordinance No. 6795-01 . . . i. Setbacks. All commercial and multi-use docks shall be located so that no portion of such dock is closer to any property line as extended into the water than ten (10) percent of the applicant's property width measured at the waterfront property line. Multi-use private and commercial docks abuttino adiacent waterfront sino Ie-family or two- family property must be setback a minimum of one-third (1/3) of the applicant's waterfront property width from the adiacent waterfront sino le- family or two-family property. ii. Lenqth. The lenoth of commercial and multi-use docks shall not extend from the mean hioh water line or seawall of the applicant's property more than seventy-five (75) percent of the width of the applicant's property measured at the waterfront property line. Tie poles may extend beyond the dock provided such poles do not extend twenty-five (25) percent of the width of the waterway and do not constitute a navioational hazard. iii. Width. The width of commercial and multi-use dockino facilities shall not exceed seventy-five (75) percent of the width of the applicant's property measured at the waterfront property line. iv. Covered boatlifts. Covered boatlifts are permitted provided a permanent and solid roof deck is constructed with material such as asphalt shinoles, metal, tile or wood. Canvas and canvas like roof materials are prohibited. Vertical sidewalls are prohibited on any boatlift or dock. v. Deviations. Deviations from the requirements of this section may be considered and approved by the Community Development Board in order to comply with the review criteria established in Sections 3- 601 (C)(3)(a) - (0). i. Publiclv owned facilities. Roof structures shall be permitted on publicly owned boardwalks, observation platforms, elevated nature trails and other such structures not intended for use as a dock facility, however, vertical walls shall be prohibited. D. Existinq docks and lifts and repairs. 1. Existinq docks and lifts. New boat lifts installed in previously permitted wet slips are exempt from setback standards so lono as such lifts are entirely contained within the property lines as extended into the water. 2. Repairs. 8 Ordinance No. 6795-01 . . . a. Any repair made to an existinq approved dock that does not extend, enlarqe or substantially chanqe the location of any portion of the dock does not require review and approval by the Community Development Coordinator however, a permit may be required by the Pinellas County Water and Naviqation Control Authority. If, however, such repair enlarqes, extends, or substantially chanqes the location of any portion of the dock. such repair shall require the review and approval by the Community Development Coordinator prior to the issuance of a permit by the Pinellas County Water and Naviqation Control Authority. The review of a substantial repair shall be considered a new dock pursuant to the standards described in this section. b. If any dock, seawall, bulkhead, private bridqe, or marina falls. into a state of disrepair and becomes a danqerous structure creatinq an unreasonable risk of bodily injury to any person who may walk thereon, such structure shall be either removed or repaired so as to conform to the requirement of this division. Section 2. Article 3, Development Standards, Section 3-909 Newsracks, is hereby amended by revising news racks as follows: ^ . ,. General Provisions. All newsracks shall comply with the following general provisions. 1. No ne'f/srack shall obstruct the flow of pedestrian or vehicular traffic. 2. No newsrack shall be located in a manner that impairs a motor vehicle operator's view of motor vehicles, bicycles, or pedestrians upon entering or exiting a right of 'Nay. 3. No ne"\$rack shall be located in a visibility triangle 4. No newsrack shall reduce the width of a sidewalk or travel route belm'\' ADA requirements. 5. No newsrack shall be used for advertising purposes other than advertising for the publication being distributed or sold. 6. No ne'l/srack shall be chained, bolted, or attached in any other manner to a utility pole, traffic sign or other fixture. 7. Ne'.',sracks shall be maintained in a neat and clean condition and in geOO repair at all times. 9 Ordinance No. 6795-01 . . . 8. The telephone number of a 'Norking telephone service shall be affixed to each ne'Nsrack in a readily visible place so that reports of malfunctioning ne'l/srack can be made and violations of these provisions can be reported. 9. The location of any newsrack shall not block the view of any historic building or scenic vista or major City entry-Nay. B. Additional requirements for newsracks Iocat.ed on public rights of v/ay. 1. No portion of any ne'.".'srack shall be installed or maintained upon or over any part of a road'.".'ay or bicycle path. 2. Newsracks may be located upon a sidewalk in excess of five (5) feet in width, at the edge of the sidewalk and on either side of the sidewalk but not directly opposing another ne\".'srack, and fronting towards the center of the sidewalk. However, a newsrack shall not be installed or maintained within five (5) feet of a curb or the edge of roadway pavement. 3. If the side'I.'alk adjoins a landscaped area of the public right of way of a sufficient size to fully and la'Nfully accommodate a nev.'srack, and if the sidewalk is five feet or less in 'J.'idth, the Community Development Coordinator may approve the location of a ne'Nsrack provided such newsrack be place upon a '.vire reinforced concrete pad, four inches thick or greater, of sufficient size to support the based of the ne'.Nsrack, or other reasonable alternative measures approved by the City Engineer. The front of any newsrack located in landscaped areas of the public right of "."Jay shall face towards the sidewalk. 4. Newsracks may be anchored to any concrete pad located in the public rig ht of way. 5. Ne'Nsracks shall not exceed fifty five (55) inches in height. 6. Single newsracks may be located every 100 feet. 7. Combination of multi stand free and pay ne'Nsracks may be located side by side provided the total length of such racks does not exceed six (6) feet. A distance of 300 feet shall separate such combination of racks. B. Additional Provisions for C, T, and D Districts. In the Commercial, Tourist and Downtown Districts, the allo,-\'able length of combination nev.'sracks may be extended through the flexible standard development review process provided the nev:sracks meet the following criteria; 1. The ne'Nsracks are integrated into a pedestrian area; 10 Ordinance No. 6795-01 . . . 2. The location of the newsracks provides convenient pedestrian access; 3. The newsracks are visually screened; 4. The ne'Nsracks do not obstruct the f10'.\' of pedestrian or vehicular traffic; and 5. The ne'Nsracks are compatible with surrounding activities. A. General Requirements for Newsracks and Modular Newsracks 1. Newsracks and modular newsracks may be located either on private property or within the public riqht-of-way. 2. Newsracks and modular newsracks shall be maintained in an upriqht, neat and clean condition and in qood repair at all times. 3. No newsrack or modular newsrack shall obstruct the flow of pedestrian or vehicular traffic. 4. No newsrack or modular newsrack shall be installed or maintained upon or over any part of a roadway or bicycle path or be located in a manner that impairs a motor vehicle operator's view of motor vehicles, bicycles, or pedestrians upon enterinq or exitinq a riqht-of-way. 5. No newsrack or modular news rack shall reduce the width of a sidewalk to less than four (4) feet. 6. No newsrack or modular newsrack shall be used for advertisinq purposes other than advertisinq for the publication beinq distributed or sold. Letterinq shall not exceed one and one half (11'2) inches in heiqht and shall be located only on the front and back of the newsrack or the front and back of each compartment in a modular newsrack. 7. No newsrack or modular news rack shall be chained, bolted or attached in any other manner to a utility pole, traffic siqn or other similar fixture, excludinq pads desiqned to support newsracks, located in the public riqht-of-way. 11 Ordinance No. 6795-01 . . . 8. The telephone number of a workinq telephone service of a representative of the publication shall be affixed to each newsrack or modular newsrack in a readily visible place so that reports of malfunctioninq newsracks/modular newsracks can be made and violations of these provisions can be reported. B. Location of Newsracks and Modular Newsracks. 1. No newsrack or modular newsrack shall be located in a visibility trianqle or within five (5) feet of a curb of the edqe of roadway pavement. 2. The location of any newsrack or modular newsrack shall not block the view of any historic buildinq or scenic vista or major City entryway. 3. The front of any news rack located in landscaped areas of the public riqht-of-way or on a public sidewalk shall face toward the sidewalk and/or away from the street. C. Heiqht, Desiqn, and Separation Requirements for Newsrack and Modular Newsracks. 1. Newsracks shall not exceed fifty (50) inches in heiqht and modular newsracks shall not exceed fifty-five (55) inches in heiqht. 2. A 100 foot radius separation shall be maintained between all types of newsracks, except that two metal newsracks may be located side by side. Those newsracks located on public property shall be of the same color, however on private property this restriction shall not apply. A sinqle newsrack that is located within a drive-throuqh lane shall not be required to meet the 100 feet radius separation provided that the newsrack is accessible only by patrons of the drive-throuqh lane while remaininq in the vehicle. 3. If three or more publications are qrouped toqether in a sinqle location, such publications shall be located in a metal modular newsrack. 4. Modular newsracks may be used in combination provided that such racks located at the same location are of the same material. Those newsracks located on public property shall be of the same color, however on private property this restriction shall not apply, 5. No sinqle modular newsrack or qroupinq of modular newsracks shall exceed eiqht (8) feet in lenqth. 6. Newsracks and modular newsracks are limited to a depth of a sinqle unit. The back of a newsrack shall not be located aqainst the back of another newsrack. 12 Ordinance No. 6795-01 . . . 7. Newsracks and modular newsracks shall be of uniform material and where located on public property shall be finished with muted, earthtone and uniform color. D. Construction Requirements. All types of news racks must be appropriately anchored or secured from potential hazards, in accordance with current enqineerinq standards, and may be anchored to any concrete pad located in the public riqht-of- way provided all other provisions are met. E. Additional Requirements for Newsrack and Modular Newsracks in the Tourist and Downtown Districts and Scenic conidors. All types of newsracks located in the Tourist and Downtown Districts shall be subiect to the applicable adopted desiqn quidelines qoverninq Clearwater Beach and Downtown. The Community Development Coordinator may extend the allowable lenqth and heiqht of modular newsracks (in the Tourist and Downtown Districts only), provided the newsracks are compatible in terms of location, heiqht and lenqth with the surroundinq environment. Section 3. Article 8, Definition and Rules of Construction, Section 8-102 is hereby amended by adding the following definitions: Newsrack means a self-service or coin-operated box, container, storaqe unit or other dispenser installed, used or maintained for the display, sale or distribution of one newspaper, periodical, advertisinq circular or other publication. Newsrack, modular means a newsrack desiqned as an inteqrated unit with two or more compartments to display, sell or distribute two or more newspapers, periodicals, advertisinq circulars and other publications. Section 4. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING June 21, 2001 PASSED ON SECOND AND FINAL READING AND ADOPTED AS AMENDED Brian J. Aungst Mayor-Commi Attest: Leslie K. Dougal- i es Assistant City Attorney 13 Ordinance No. 6795-01