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2244
ORDINANCE NO. 2244 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING ARTICLE V, MARINA IMPROVEMENTS, OF CHAPTER 7, BUILDINGS, OF THE CODE OF ORDINANCES OF THE CITY OF CLEARWATER, FLORIDA, 1962, BY PROVIDING FOR THE ESTABLISHMENT OF .ELEVATION OF SEA WALLS AS NOT LESS THAN SIX FEET; PROVIDING FOR CLARIFICATION OF DEFINITIONS OF "CONSTRUCTION" AND "TIE PILES" AND PROVIDING FOR DEFINITION OF "MARINA FACILITY"; PROVIDING FOR CLARIFICATION OF WIDTH CALCULATIONS FOR DOCKS; PROVIDING FOR DELETION OF REFERENCE TO COMMERCIAL FLOATING DOCKS AND PROVIDING THAT ROOF DESIGNS FOR COVERED BOAT LIFTS MUST CONFORM TO THE STANDARD BUILDING CODE; PROVIDING FOR CLARIFICATION OF MINIMUM SPECIFICATIONS FOR COMMERCIAL DOCKS; PROVIDING FOR CLARIFICATION OF REQUIREMENTS FOR OBTAINING PERMIT FOR CONSTRUCTION OF DOCKS; PROVIDING FOR ADDITIONAL TIME FOR REMOVAL OR REPAIR OF DELAPIDATED ,DOCKS OR DOCKS IN DISREPAIR AND TO REQUIRE THAT WHEN ANY SUCH REPAIR INVOLVES FIFTY PER CENT OR MORE OF THE DOCK, IT SHALL CONFORM TO ALL REQUIREMENTS SET FORTH IN SECTION 7.84 OF THE CODE,.' PROVIDING FOR CLARIFICATION OF PERIODIC INSPECTION REQUIREMENTS; PROVIDING THAT PENALTY CLAUSE OF ORDINANCE NO. 1998 IS AMENDED TO REMOVE IMPRISONMENT REQUIREMENT; PROVIDING FOR THE REPEAL OF ORDINANCESOR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE SEPARABILITY OF THE PROVISIONS HEREOF; PROVIDING FOR PROPER NOTICE OF PROPOSED ENACTMENT; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE.CITY COMMISSION OF THE CITY OF CLEARWATER,' FLORIDA: Section 1. That Section 7-82, Minimum Elevation of Sea Walls on Clearwater Harbor, of Article V, Marina Improvements, of Chapter 7, Buildings, of the Code of Ordinances of the City of Clearwater, Florida, 1962, is hereby amended to read as follows: Sec. 7--82. Minimum elevation of sea walls on Clearwater Harbor. The elevation of sea walls on the west share of Clearwater Harbor or Clearwater Bay shall be not less than ftvt-, six feet above M. S. L. (mean sea level), on the cast shore of Clearwater Harbor or Clearwater Bay and on the shore of the Gulf of Mexico not less than six feet above M. S. L. -I- . Ord' #2244 3,1f 20f 80 H Aec,tan 22_ That Section 7-83, Definitions, of Article V, Marina Improvements, of Chapter 7, Buildings, of the Code of Ordinances of the City of Clearwater, Florida, 1962, is hereby amended to read as follows: Section 7-83. Definitions. As used in this ordinance,'the following words and terms shall have the following meaning unless a different meaning is clearly intended; (a) "City" shall mean the City of Clearwater, Florida. (b) "Commercial dock" shall mean any dock used in con- nection with or owned by a hotel, motel, apartment house (three or more units), condominium, co-operative apartment, restaurant, social or fraternal club or organization, or commercial enterprise of any type whatsoever. (c) "Residential dock" shall mean any dock adjacent to a single family or duplex lot which will be used by an individual owner, his family and friends and not included in (b) above. (d) "Navigable waters", as used in this ordinance, shall mean any stream or body of water which can be put to public use whether or not it can be used for commer- cial navigation. (e) "Construction" as used in this ordinance shall mean completely new work, repairs, replacements, removal and extensions to existing structures except -that it shall not include the repair or replacement of deck- ing, stringers, railing, lower landings,; tie piles, or the patching or reinforcing of existing piling on private and commercial docks for which a City permit was originally issued. (f) Where lumber sizes are referred to herein they refer to nominal sizes. (g) "Dock" as used in this article shall mean any structure, otherwise known as a pier, wharf, or loading platform, or boat lift, which is constructed on piling, over open water, or which is supported by flotation on the water. (h) "Tie piles" when used in this ordinance shall include dolphins or mooring piles which are placed to provide anchorage, mooring or space for a ship or boat:, or an pile not carrying a vertical load. (i) "Property line", as used in this ordinance, shall mean those lines described in the legal, description of the applicant's recorded deed. (') "Marina Facility" shall mean an facility or enter rise where mooring sli s or docking facilities for waterw craft are available for rent, lease or sale. -2- Ord #2244. 11/2Q/80 ''sX. 1 . n w s•t .s L ! t71';s:'2 1'?t'4sr.G m. 'cF 7' ?N'. a::?*'t: .?•?•}Is'+???t?,?.';¢'"'r??a!?,w3k!.??"'.?^iR°?tta: 4'?. ^-?ln,?: ,?gr?,,?!?.a??'';w l?T't?,"'f°,•':: ?,"•?" r• `jj. , .??+???,y :! ??:,?.' .?} ` ::r•,I'•tSj. -';r? z:4? ,.d :• '??i . { E „? il?s?t?.!ey".1,'}„' i:: ?`?s?s?.'G .k? "r"•lr: ?:?'` `?' i""=ste?'i: .ze`.. j?.- •:??,.. :far'. .?.Y s..,?:?;?:?? :,??..{{ i:,Li..ia. °?? a"•,L?S T•°f `€= C'.c ?u :: 1?1. ..3'l. ,rt. ?:.,?. .`?,. ? '? !: ? ..+ ?.}?».?? 1J,, si:`?'.`7.[?a. ry':.? k • f ys,..,w'r, ..i.;>?r?.?, C'i,Y?'? v i,r r .?i„t•?? ?a;, ?a R? .,;+1>;r,:.,..6,. „a.; '''NrSK.?a??:? '.`:??. ? ??. ".. ? ;?'.w A_ ? ?,'. ?]c.s" ,?? ". +??5??.. 3.r w a ???`?5.? Section 3. That subparagraph (a) of Section 7-84, Maximum width, length and position of residential docks, piers and wharves, of Article V, Marina improvements, of Chapter 7, Buildings, of the code of ordinances of the City of Clearwater, Florida, 1962, is hereby amended to read as follows: Section 7-84. Maximum width, length and position of residential docks, piers and wharves. (a) All residential docks to be constructed in navigable waters of the City of Clearwater shall be constructed so that the width of same shall not exceed twenty-five (25%) of the width of the property involved at the waterfront and-shall be further constructed so that the length of the dock shall not extend further from the water line of the property than one-half the width of the property at the waterfront or one-fourth the width of the water way, whichever measurement is less. In arriving at the calculation required by thissubpara- graph boat lift poles and catwalks shall be included in the width calculation. Only one dock or one compos- ite structure consisting of a boat lift attached to a pier, wharf or loading platform shall be permitted as an accessory use to each building lot. Section 4. That subparagraph (h) is repealed and subparagraph (i) of Section 7-85, minimum specifications for residential dock construction, of Article V, Marina Improvements, of Chapter 7, Buildings, of the Code of Ordinances of the City of Clearwater, Florida, 1962, is hereby renumbered and amended to read as follows: Section 7-85. Minimum specifications for residential dock construction. fh}--A??-??entsng-dee3es-to-be-t?tilrxed-as-eommnrein?-strne- taxes-in-the-2?tywof-8?earFrater-moat-}?abe-en-engineer:a aignetttre--end-searaffixeel--ta-said-p?ans- (h) j!* Covered Boat Lifts (1) All roof designs must conform to the Seutkern Standard Building Code applicable to the type of construction being used to cover the lift. (2) In no case shall administrative approval be given for the enclosing of the sides of any boat lift. Section 5. That subparagraph (b) of Section 7-86, Minimum Specifications for Commercial Docks, of Article V, Marina Improve- ments, of Chapter 7, Buildings, of the Code of Ordinances of the City of Clearwater, Florida, 1962, is hereby amended to read as follows: -3- Ord #224_ _ 11120/80 (b) All commercial dock applications, except for applications for 4he tic iling only, shall require the signature and seal of a Florida Registered Engineer to be affixed to the plans submitted for approval. Section 6. That Section 7-86. 2, Permits Required. of Article V. Marina Improvementa, of Chapter 7, Buildings, of the Code of Ordinances of the City of Clearwater, Florida, 1962, is hereby amended to read as follows: Section 7-86.2 Permits Required (a) No person, firm or corporation shall undertake construction, as defined in this ordinance, of any commercial or residential dock on any of the navigable water in the City of Clearwater without having first obtained a permit from the Building Department. -A-ny-persenr firm ---r-eerp©r-abkm-undertaki-ng-axry-o-f the• fall owing -activ i#i e s -on- -the Ova-;-iga-bl. a -wa te-r- of -Glea•r-+a €e•r-,- F-Io rim,- •shaik i}e- requkred• to -obtain -a- perimit-from- dve• Builcli?g- Depart, - -Perm-ids -s-ha•Ii,-be• xequixed f?r? Fl- The im-sta]rla-t iony--laeemeT i -t-er-n-eplac4--m ent- of-tie giies;- (Z)-Any-rcpa-i-r•s-ta a-doek-car -replaeem-&nt of a-pertiara-fher-eaf,- ?3-)-Pla-et?ont-cog-replasemor?t a€a3r3?-pilir?gs? any-deek,- (e4- The documents required to be submitted in support of the application for permits issued pursuant to subseetiorrs• (a) and-(-I>) of this section, wIAvh-doexum-eMs-may include but shall in no way be limited to, plans and. specifications, engineer's drawings, surveys, construction contracts and other pertinent information which the Building Official deems necessary for proper consideration of the application. (cby- Permits, for docks, issued by the Building Department shall-be effectivre for six (6) months from date of issuance.. Such permits may be renewable for an additional term of ninety (90) days upon the written request of the applicant at least thirty (30) days prior to the expiration date. of the permit and for justifiable cause. Section 7. That Section 7-86. 3, Disrepair or Dilapidated Docks, of Article V, Marina Improvements, of Chapter 7, Buildings, of the Code of Ordinances of the City of Clearwater, Florida, 1962, is hereby amended to read as follows: Section 7-86.3 Disrepair or Dilapidated Docks. if any pier or dock, presently existing, constructed hereunder or continued in existence hereur;3er is permitted to fall into disrepair so as to become a dangerous structure involving risks to the safety and well being of the community or individual members thereof such structure must either be removed or repaired so as to conform with the requirements of this ordinance. Capon determination by the Building -4- I1f 20J80 0 1 0 f Official or his designated representative that any pier or dock has become a dangerous structure, written notice thereof shall be given by registered or certified mail. Any party so informed shall have tk rt -{34) six 60 days from the date of the notice within which to remove or repair said structure to conform with the requirements of this ordinance. Repair or replacement of any residential docks catwalkt_ boat lift or portion of a dock, catwalk or boat lift that involves fifty per cent (507a) or more of the dock catwalk or boat lift shall require that the repaired or replaced dock, _catwalk or boat lift conform to the length, width and position requirements as set forth in Section: 7-84 of the Code of Ordinances. Section 8. That subparagraph (a) of Section 786.4, Periodic Inspection Requirements of Article V, Marina Improvements, of Chapter 7, Buildings, of the Code of Ordinances of the City of Clearwater, Florida, 1462, is hereby amended to read as follows: (a) All existing commercial docks, marina facility docks and all docks hereinafter constructed eentai-rAng f*rty K&i er-rvron,e-slipe-exce t xesidex:tial docks shall be inspected to determine their condition and compliance with the minimum standards of this code with such in- spections to be conducted at three (3) year intervals by an engineer trained in the construction of such docks and the owner of such docks shall submit a report bearing the seal of such engineer to the Building Official or his designated representative demonstrating that such dock or docks whether presently existing or hereinafter constructed, comply with the minimum standards set forth in this code. Section 9. That Section 4 of Ordinance No. 1998 be and the same is hereby amended to read as follows: Section 4. Any person, organization, society, association or corporation, or any agent or representative thereof, who shall violate the provisions of this ordinance shall be subject, upon conviction, to a fine not to exceed the sum of Five Hundred Dollars ($500. 00). -or-4x}piioon3xext-fer-na-? exeeedin -&!Kty6 4b0}- a1*7 -er trp4>otk-&u<h# r*&e-n&irv pr4aon. gran-t-ki? 4he-di*s-r-c;tkon•-o£ -o&thx&- Judger Section 10. All ordinances or parts of ordinances in conflict herewith to the extent of such conflict are hereby repealed. Section 11. Should any part or provision of this ordinance be declared by a court of competent jurisdiction to be invalid,, the same shall not affect the-validity of the ordinance as a whole, or any part thereof other. than the part declared to be invalid. -5- Ord #2244 11/20/90 • r • I. i 0 Section 12. Notice of the proposed enactment of this ordinance has been properly advertised in a newspaper of general circulation in accordance with Section 166.041, Florida Statutes. Section 13. This ordinance shall become effective immediately upon its passage. PASSED ON FIRST READING November 6, 1980 AS AMENDED PASSED ON SECOND AND FINAL READING AND ADOPTED November 20, 1980 . ayor-Commissioner Attest: City Clerk . i ,