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ORDINANCE NO. 3313-83
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING ARTICLE III, DISTRICT REGULA?rMNS. OF
CHAPTER 131, ZONING, OF TITLE XI, BV
ZONING REGULATIONS, OF THE CODE OF
CITY OF CLEARWATER, TO ESTABLISH A
OVERLAY DISTRICT (FP); TO DEFINE THI
PROTECTION AREA, THE 25-• YEAR FLOO
THE 100'-YEAR FLOODPLAIN; TO PROVID
DEVELOPMENT REGULATIONS GIVEN TH
FOR FLOODING IN THESE AREAS; PROVI1=wu=.-
SEPARABILITY OF THE PROVISIONS HEREOF; PROVIDING
FOR THE REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
PROPER NOTICE OF PROPOSED ENACTMENT; AND PRO-
VIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, on July Z1, 1483, the City Commission of the City of
Clearwater, after proper public notice, held a public hearing on certain
proposed changes to the Zoning Ordinance of the City of Clearwater in
accordance with procedure as established; and
WHEREAS, the City Commission has fully considered the
recommendations and report of the Planning and Zoning Board relative to
the certain proposed changes to the Zoning Ordinance;' and
WHEREAS, certain of the proposed changes and amendments to the
'Zoning Ordinance were approved by the City Commission after its evaluation
of all evidence. presented at the said public hearing; and
WHEREAS, the Local Government. Comprehensive Planning Act
(LGCPA) requires that all development regulations and amendments thereto
related to an adopted comprehensive plan or element thereof be reviewed by
the Local Planning Agency (LPA) for conformance with plans adopted
purimant to the LGCPA; and
WHEREAS, the Pinellas County Planning Council (PCPC) has been
designated the Local Planning Agency for Pinellas County and the PCPC
has adopted guidelines with reference to such required referral process; and
WHEREAS, this Ordinance has been referred to and considered by
the PCPC under said process;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
• .. ' r COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:
.Ord; 3313-83 "t -1- 2-2-84
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ORDINANCE NO. 3313-P3
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING ARTICLE III, DISTRICT REGULATIONS, OF
CHAPTER 131, ZONING, OF TITLE XI, BUILDING AND
ZONING REGULATIONS, OF THE CODE OF ORDINANCES,
CITY OF CLEARWATER, TO ESTABLISH A FLOOD PLAIN
OVERLAY DISTRICT (FP); TO DEFINE THE FLOODWAY
PROTECTION AREA, THE 25-YEAR FLOODPLAIN, AND
THE 100-YEAR FLOODPLAIN; TO PROVIDE APPLICABLE
DEVELOPMENT REGULATIONS GIVEN THE PROBABILITY
FOR FLOODING IN THESE AREAS; PROVIDING FOR THE
SEPARABILITY OF THE PROVISIONS HEREOF; PROVIDING
FOR THE REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH} PROVIDING FOR
PROPER NOTICE OF PROPOSED ENACTMENT; AND PRO-
VIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, on July 21, 1983, the City Commission of the City of
Clearwater, after proper public notice, held a public hearing on certain
proposed changes to the Zoning Ordinance of the City of Clearwater in
accordance with procedure as established; and
WHEREAS, the City Commission has fully considered the
recommendations and report of the Planning and Zoning Board relative to
the certain proposed changes to the Zoning Ordinance; and
WHEREAS, certain of the proposed changes and amendments to the
Zoning Ordinance were approved by the City Commission after its evaluation
of all evidence presented at the said public hearing; and
WHEREAS, the Local Government Comprehensive Planning Act
(LGCPA) requires that all.development regulationA and amendments thereto
related to an adopted comprehensive plan or element thereof be reviewed by
the Local Planning Agency (LPA) for conformance with plans adopted
pursuant to the LGCPA; and
WHEREAS, the Pinellas County Planning Council (PCPC) has been
designated the Local Planning Agency for Pinellas County and the PCPC
has adopted guidelines with reference to such required referral process; and
WHEREAS, this Ordinance has been referred to and considered by
the PCPC under said process;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
r COMMISSION OF THE CITY OF CLEARWATER, FLORIDA-.
10rd., 331343 ..1_ 2-2•-84
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Section ]. That Article III, District Regulations, of Chapter 131,
Zoning, of Title XI, Building and Zoning Regulations, of the Code of
Ordinances, City of Clearwater, be and the same is hereby amended to
enact a new Division 26. 1, FP Flood Plain Overlay District, to read
as follows:'
Division 26. 1 FP Flood Plain Overlay District
1. Floodway protection area - that area within the 100-year
flood plain which contains the channel of the watercourse
and either the adjacent land area to a horizontal distance
of fifteen feet (151) from the top.-of-bank of such channel
or adjacent land areas sufficient to discharge the base flood
flow'with an -increased water surface elevation of one foot
(Iwhichever is the greater.
2. 25-year flood plain - that area within the 100-year
flood plain which contains the floodway'protection area
and, the adjoining land area which is likely to be flooded
during a flood event that, on the average is likely to .
occur once every 25-years.
Section 131. 1942. General Description,
I. This district is created to recognize those interior
riverine, lacustrine and palustrine systems in the City
for which the 100-year storm event probability flood
plain has been identified. The purpose of recognizing
such flood plains and the components thereof is to
regulate the use of land, alteration of the landform and
all development activity consistent with the hazards and
limitations of such designation.
2. Nothing 'herein contained, shall waive, diminish or,
otherwise contravene the provisions of Title XI, Chapter
142, Florida Protection, as amended, of the City Code
of Ordinances. In the event of any conflict between this
Division and Chapter 142, the more restrictive or higher
standard shall be applicable.
Section 131, 4943. Establishment of FP Overlay Districts.
3 .
It is intended the FP Overlay Districts reflect and be
consistent with the 100-year flood plain as delineated on
the Pinellas County Master Drainage Flan. Interpretation
of District boundaries and the sub-district categories shall
be based upon survey information supplied by the applicant and
field inspection and determination by the City, consistent with
the Pinellas County Master Drainage Plan as set forth on the
series of applicable I" = 200' scale maps which are a part thereof.
Section 131. 1944. Sub-District Designations.
Within the FP Flood Plain Overlay District there shall be
three sub-district categories as follows:
?o+?_.__ ,,, .. s...... ...,. .. ??. t:r:_•L?s `./ a ?1-::..a. :t•: ?:., _.. 'Y1?:?1-: ', 1:. .. ."?:. ,s a., v v?.k6`!•t:Y+l.s:'76.L.;.?1.lri: "'i..'?k?
3. 100-year flood plain - that area which contains 9te
floodway protection area, the 25-year flood plain and the
adjoining land area which is likely to be flooded during
a flood event that, on the average, is likely to occur
once every 100 years. '
Section 131.1945. Permitted Uses.
Within the three sub-district categories, permitted uses
shall be those uses permitted in the underlying standard
zoning districts, except as such uses are precluded or
further restrictied as set forth below.
Section 131. 1946. Use Limitations.
The otherwise permitted uses in the underlying zoning
districts shall be restricted as follows:
1. Floodway protection area - No alteration of the natural
landform, landfill, construction, installation or use is
permitted except open space recreation, agricultural,
and like open, non-structural uses. Nothing herein, however,
will be interpreted to preclude normal maintenance of the
water course, including the installation, repair, or
maintenance of any flood or drainage structure installed
or authorized by the City.
2. 25-year flood plain - Within the floodway protection area,
as regulated above for that sub-district category.
From the outer limits of the floodway protection area
to the limits of the 25-year flood plain, no alteration of
the natural landform, landfill construction, installation or
use is permitted except open space recreation, agricultural,
parking lots and like open non-structural uses; as well as
uses and structures otherwise permitted in the underlying
district provided the minimum first floor elevation is at or
above the 100-year flood elevation and further provided
that all structural elements, except fox pilings on which such
structure is situated, below the 25-year flood elevation shall
be non-permanent walls which shall be designed to collapse
without jeopardy to the structure itself during a 25-year flood.
3. 100-year flood plain - Within the floodway protection area
and 25-year flood plain, as regulated above for those
respective sub-district categories. From the outer limits
of the 25-year flood plain to the limits of the 100-year
flood plain, no construction, installation or use is permitted
except open space recreation, agricultural, parking lots and
like open, non-structural uses;- as wellas uses and structures
otherwise permitted in the underlying district, provided
the minimum first floor elevation is at or above the 100-year
- flood elevation.. Alteration of the natural landform and landfill
may be approved in' this sub-district category by the Director
of Public Works where it is determined that such excavation
or fill will not significantly alter the effective storage capacity
of the flood plain or jeopardize the health safety or welfare
. of occupants thereof or the City as a whole.
-3-
Ord. 3313-83 2-2-.84
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Section 131. 1947, Applicable Standards and Requirements.
The following requirements shall apply in all FP Flood Plain
Overlay Districts.
1. Flood hazard areas shall be as delineated on the Zoning
Atlas as represented by the FP Flood Plain Overlay
District.
Z. Any building, structure or use, and any alteration of
the landform or shoreline shall be subject to the
provisions of this Division, and in addition shall meet
the requirements of the National Flood Insurance Act,
as applicable. No permit shall be authorized in any
designated flood plain until the applicable requirements
of the National Flood Insurance Act are complied with.
3. All proposed construction, installation, alteration or
replacement of any structure or appurtenant system, or
alteration of any shoreline or major landform in the
City will be reviewed to determine that such undertaking .
is consistent with the objectives of this Division, the
proper protection of the flood plain and the Cityis
flood plain management program. No such activity will
be permitted except in such manner and according to
such restrictions as may be reasonably necessary,
where it,would have a deleterious affect on the proper
management of any designated flood plain in the City or
be otherwise contrary to standards established in this
Division.
4. No building, structure, installation, construction or
alteration of any shoreline or major landform will be
located or initiated in any area of the City in such
manner as to jeopardize the safety, health or welfare of
the occupants or users thereof.
5. No building, structure, installation, construction or
alteration of the shoreline or major landform in any
area of the City shall be so located or constructed as
to interfere with or diminish the effective carrying
capacity, increase floodstage elevation or flood velocities
of any, riverine, lacustrine and palustrine system or its
related floodway in' the City.
6. Construction, , installation, alteration or replacement of
any structure or appurtenant system in any area n' the
City designated an FP Flood Plain Overlay District shall
t be flood-resistant; and further, all construction methods
and practices connected with the location, building or
installation of the same will be carried out in such manner
as to minimize potential flood damage. In particular if
" the minimum floor elevation is not at or above the 140-year
:, . .. flood elevation, a Registered Professional Engineer or
Architect must certify that the building has been designed
and constructed so 'that below the 100-year flood elevation,
the structure and attendant facilities are watertight and
capable of resisting the effects of the regulatory flood.
The design must take into account flood velocities, duration,
rate of rise, hydrostatic and hydrodynamic forces, the effect
of buoyancy and impacts from debris. Flood-proofing
measures must be operable without human intervention and
without an outside 'source of electricity.
Ord.. s -d9 .. 2-2-84
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7. Any new or replacement water supply or sanitary sewage
disposal system located in any area of the City designated
a flood plain shall be so designed as to minimize or
eliminate infiltration of flood waters into the systems
and discharge from the `systesm into the flood waters.
All such systems shall be located and constructed as to
avoid their impairment, contamination to them, or
contamination of any flood waters.
S. All plats and site plans or other major developments
shall be reviewed to determine that they are consistent
with the purpose and intent of this section and the
proper management of the flood plain by the City. .In
particular, all public facilities and utilities such as
sewer, natural gas, electrical or water systems shall be
so located, elevated and constructed as to minimize or
eliminate flood damage and all storm runoff, and surface
and building drainage will be so designed as to minimize
its effect an the flooding potential and its exposure to
flood hazard.
9. Construction, installation, alteration or replacement of
any structure or appurtenant system in any area of the
City designated a FP Flood Plain Overlay District shall
be so designed and anchored as to. prevent the flotation,
collapse or lateral movement of same, or any portion
thereof, due to flooding.
10. All applications for construction, installation, alteration
or replacement of any structure or appurtenant system
in any designated flood plain shall be accompanied by
appropriate documentation, including certification by 'a
licensed professional engineer or registered architect where
'required, that the proposal is consistent-with the performance
standards of this section and that, in particular, the following
measures are adequately provided for in relation to the site
and 'a potential 100-year flood:
a. Anchorage is sufficient to resist flotation and
laterial movement;
b. Reinforcement of walls and provisions for relieving
hydrostatic water pressures;
" c. Installation of any pumps to lower water levels in
the structure and the absence of gravity flow drains
has been adequately considered; and
d. Elevation of the lowest floor for all structures and
their service equipment is at or above the 100-year
flood level, as such level has been established by the
Pinellas County Master Drainage Plan and as that
elevation may, be refined by the City upon field
f verification.
M.
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?F;i1'1.'?"#`s.P?e7?:rAi-'t;. :3S°,.Fiw t;;?.t";?'r. ..rv.i'•_=:Et Y, y"'?i;r_?`?+ti.'k .: .-.i .:?x??..'s?..t4??4'?i:F:?.:.f?:?rs??5?.i?i''.'.'_??.'.`:et.,?Y?Y. ?..: ??, ??z.i`•.
11. The City may, `vhere it deems advisable, request that any
or all of the pertinent requirements and standards for
flood-proofing as set forth in the manual ehtitlbd
"Flood-Proofing Regulations", prepared by the Office of
the, Chief of Engineers, U. S. Army, and dated June, 1972,
be established as a guide in any proposal for building
construction, equipment location or utility installation in
a FP Flood Plain Overlay District and that compliance
to such standards be certified by a licensed professional
engineer or registered architect as is appropriate.
Section 2. The City of Clearwater does hereby certify that the
measures contained in this ordinance are consistent and in conformance with
the City's Comprehensive Plan and individual elements thereof adopted pursuant
to the LGCPA and directs that same be forwarded to the LPA for their
receipt and appropriate action.
Section 3. 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.
Section 4. All ordinances or parts of ordinances in conflict herewith
to the extent of such conflict are hereby repealed.
Section 5. 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 6. The provisions of this ordinance shall take effect
immediately upon its passage.
= PASSED ON FIRST READING janM,ary 19 c 1984
PASSED ON SECOND AND FINAL
READING AND ADOPTED Y'gari;ry 2?19$4
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Mayor-Commissioner
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