3100-83,''a'•1 .:.?,•?ti•. ?!?°?.`?mF'S`h;?",4; `s?','e!s;:?q`a?ff,,,?»?ltiy?}l"t?.+?"y??.,'=•.Sly,l+'?°??aiy,,gg.
.1 .._ cr..t ?.. ?ir?. :•.S+'.. 1F}I'.. ?.!`.. .x_......:?..?^F.Y .:.:i ?Yi: [.w. J. i¢l 1S???ii?F asR=S lC..?}SYr?`'?wa"Sy)C?ai??N3'.?Y S'i
pK
i
R
ryJ
n
0 w
1
ORDINANCE NO, 3100-83
AN ORDINANCE OF THE CITY OF CLEAR WATER, FLORIDA,
AMENDING CHAPTER 1142, FLOOD PROTECTION, OF TITLE
XI, BUILDING AND ZONING REGULATIONS, OF THE CODE
OF ORDINANCES, CITY OF CLEAR WATER, BY PROVIDING
FOR THE ADOPTION OF FEDERAL, EMERGENCY MANAGE-
MENT AGENCY'S FLOOD INSURANCE STUDY AND FLOOD
INSURANCE RATE MAPS DATED DECEMBER 1, 1982,
AND JUNE 1, 1983, RESPECTIVELY; PROVIDING FOR THE
ADDITION OF FLOODWAY PROVISIONS; PROVIDING FOR
CHANGE IN NOMENCLATURE OF FLOOD HAZARD ZONES;
PROVIDING FOR REFERENCES TO FEDERAL INSURANCE
AGENCY TO BE CHANGED TO FEDERAL EMERGENCY
MANAGEMENT AGENCY; PROVIDING FOR THE REPEAL
OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR THE SEPARABILITY OF THE.
PROVISIONS HEREOF; PROVIDING FOR NOTICE OF PRO-
POSED ENACTMENT; AND PROVIDING FOR THE EFFECTIVE
DATE OF THIS ORDINANCE.
WHEREAS, Chapter 142 of the City of Clearwater Building and
S
Zoning Regulations describes a program of flood control measures agreed
upon by the City and Federal Authority; and
WHEREAS, the administration of surh Federal interests has been
changed from the Federal Insurance Administration to the Federal
Emergency Management Agency; and
WHEREAS, said Federal Emergency Management Agency has
conducted further study of flooding in Clearwater and is desirous of the
new study maps and data being incorporated into the flood management
program; and
WHEREAS,, the City of Clearwater is in accord with the revisions;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. That Chapter 142, Flood Protection, of Title XI, Building
and Zoning Regulations, of the Code of Ordinances, City of Clearwater, is
hereby amended to enact a new Section 14Z. 001, Adoption of Maps and Study,
to read as follows:
Sec. 142. 001. Adoption of Maps and Study.
Federal Emergency Management Agency Maps entitled
Flood Insurance Rate Map and Flood_way, dated June 1,
1983, and the accompanying studX entitled "Flood Insurance
Study--Clearwater", dated December 1,_ 1982,.. shall be u_se_d_
to provide data base for this Chapter.
r
-1-
Ord 3100-"83 6-2-$3
l
•
t
V
F
S
a?.lKa ?Cl?wf* i.?„? ??SAhI=. js4. Y 1
'??7*;i$??'!i. '??b `•.?r"'?'???'*7"6??????.M7 e .t ,?'d 14'? a".`r?'??4° ' :S? J !?'?p sN
'.?:::.... ?.'FFF.: ...?., e. u i i,L ?.??i r; 21??:. •.. ?.n'.i F.!'!4S?ik;a? .:?u_.
On
4 4
Section 2. Section 142, 01, Building permit--Required, of Chapter
142, Flood Protection, of Title X1, Building and Zoning Regulations, of the
Code of Ordinances, City of Clearwater, is hereby amended to read as follows:
Sec. 142.01. Building permit--Required,
A building permit issued by the building director in conformity
with the provisions of this chapter shall be secured prior to the
erection, addition or alteration of any building, structure or
portion- thereof resulting in substantial improvement thereto,
or other development including, but not limited to the placement
of a mobile home, dredging, filling, grading, paving or clearing
of land lying within areas identified as zone A,-46G-and .A1-30,
on the flood hazard boundary map prepared by the #ederpl:
ir}sKwai-we-a-dmird-&taration-fa*-the-oi-ty Federal Emergency
Management AgencLr. -
Section 3. Section 142.03, Building permit--Standards for issuance,
of Chapter 142, Flood Prntectio,:, of Title X1, Building and Zoning Regulations,
of the Code of Ordinances, City of Clearwater, is hereby amended to read
as follows;
K ! k ,24497 u .
MFG. ,. C \`xi is«, I: J; yittr?"s; r7•ti Yi:• ,
r '
Sec. 142.03. Building permit--Standards for issuance.
In determining whether or not to issue a building permit, the
building director or his authorized representative, shall examine
the application and all supporting materials submitted to determine
the following:
(1) That all necessary permits have been received from those
governmental agencies from which approval is required by
federal, state or local regulations, and that the building or
development is in substantial compliance with the coastal
zone management and conservation elements of the updated
comprehensive plan for the city;
(2) That plans and specifications conform to the criteria established
by the fx??-krtsreir}istraiatr-Federal Emerency
Management AgenSy for the applicable flood zoning district;
(3) That existing elevations shown on plans are certified by.a
registered land surveyor or registered professional engineer;
(4) That in the case of new construction or substantial improve-
ments of residential structures within zones A)-A'4-o-r-Al
through A30 on the flood hazard boundary map have the lowest
floor (including basement) elevated to or above the one hundred
(100) year flood level as designated by the fe4oral-i'rasurane-e
ad Anisti-&tiea Federal Emergency Managem _nt AgencYj
(5) That in the case of new construction or substantial improve-
ments of nonresidential structures within zones -A,--AQ-431,
Al through A30 on the flood hazard boundary map have the
lowest floor (including basement) elevated to or above one
hundred (100) year flood level as designated by the €edaral-
kr? wrane-ea4mir*kArafion-FederalEmer_gencv Management
?ncyl or that the attendant utility and sanitary facilities
be designed so that below the one hundred (100) year flood
level, the structure is watertight with walla substantially
impermeable to the passage of water, and with structural
Ord-3100-83
6-2-83
._ '.<. , ._: ..Y.i.f.'_ ..nom, ?ia.Rr. t(4.r=•r?f':.. ?.: .a.,r..s}R....s._i isY:.??iCV-LYza:si_!S'.5 :?_'.:?E.?.t`f.?:o- .,.. o?t.t?'?.,?
components having the capability of resisttng hydrostatic
and hydrodynamic loads and effects of buoyancy;
(6) That all subdivision proposals and other proposed new
developments greater than fifty (50) lots or five (5)
acres, whichever is lesser, include within such
proposals the one hundred (100) year flood elevation
data;
(7) That all mobile homes to be placed within zones An-•AA
or Al through A30 on the flood hazard boundary map shall
be anchored to resist flotation, collapse or lateral move-
ment by providing over the top and frame ties to ground
anchors as specified by the ferci?rgl-iraadelnistra?ioa
Federal Emergency -Management Agency._
(b) That within zones A•y»Ar0•4>r-Al through A30 on the flood
hazard boundary map, new mobile home parks and mobile
home park subdivisions; or existing mobile home parks and
mobile home park subdivisions that request a permit to expand
their facilities; or to repair, reconstruct or improve their
streets, utilities and pads at a cost equal to or exceeding
fifty (50) per cent of the value of the streets, utilities and
pads before the repair, reconstruction or improvement
has commenced:
a. Stands or lots are elevated on compacted fill or on pilings
so that the lowest floor of the mobile home will be at or
above the one hundred (100) year flood level as established
by the faa•ra.3?irrst?ra-nkxix?i?-t?ra?iEr?.Federal Emergency
Management AgE?nSy.
b. Adequate surface drainage and access for a hauler are
provided.
c. In the instance of elevation on pilings, lots are large
enough to permit steps, piling foundations are placed
in stable soil no more than ten (10) feet apart, and
reinforcement is provided for pilings more than six (6)
feet above the ground level.
(9) That all new construction and substantial improvements
within zones V?-N?V1 through V30 on the flood hazard
boundary map are elevated on adequately anchored pilings
or columns and securely anchored to such piles or columns
so that the lowest portion of the structural members of the
lowest floor (excluding the pilings or columns) is elevated
to or above the one hundred (100) year flood leval as established
by the €erleaal rnst}r?oair}i?t?ation Federal Emergency
Man_ag ent A enc and that a registered professional engineer
or architect has certified that the structure is securely anchored
to ado•quately anchored pilings or columns in order to withstand
velocity waters and hurricane wave wash. Also that the space
below the lowest floor is free of obstructions or constructed
with "break-away walls" intended to collapse under stress
without jeopardizing the structural support of the structure
so that the impact on the structure by abnormally high tides or
wind driven water be minimized. Such temporarily -enclosed
space shall not be used for human habitation.
"3-
3100-83
6-2-83
i
?? '•?'4,i',,,i •. i+'•?i?'M!? Sf .?•?{'?.11 X'Y.'.i3l W
81Ryl+l tw rxk:-.,.,, ;,. «°,?..,, ;:I;,:..j ..
.. 1•'n ?.y??r. Si.: ; Y'?iro r ? ? ..^? ' ' i?" '? fl+r;. r.:'. (.MT ;' y • 6? ti. . ?
..
, • r,.- -c;'.• i : a w ,?'"•
' •1' .J . f+ '
? ? • fem..
.Yt" xb'??`y ?r?Nl `. `.rid.' <?it{y S.L i'. .. "?., ; .?
' SF" *; ? •_ „ '..?._? 1r, ,itr5 i^?
'?a ;; 4lap V` ',; r?:'??,? ti. `,i ?.Yi"? ?^:? '!.;.5`,?k? ? ?., Asry:'k,? •°?,?ti '%•??':. ?.i {????';' '?. _,? ?`r
A'?s?i
?
R * ? ? ?
i 1
0
?' n.'1 '4
y
w r
*?
3 a. 1
?., Il
I
yy
Y? ! I4
(10) r'or all construction in a designated floodplain area, a
post construction elevation certificate must be submitted
•'.. r= , ;;..'
to the building inspection department prior to the release
of a certificate of occupancy. Certification shall be by a "'•°.'',; -..
professional engineer or a professional land surveyor.
Section 4. Section 14Z. 04, Prohibitions in certain zones, of Chapter
142, Flood Protection, of Title Xl, Building and Zoning Regulations, of the
Code of Ordinances City of Clearwater, is hereby amended to read as
s
follo V VW
•w???
w
:
Sec. 142.04. Prohibitions in certain zones. ?t' .r•?
0110
he following activities are prohibited within those areas
T ,
# ?e?°`?
zoned V-7-N.ti4),r V1 through V30 on the flood hazard boundary
map;
(1) The use of fill for structural support of buildings;
(2) Man-made alterations of sand dunes and mangrove stands +
which would increase potential flood damage;
(3) Placemenc of mobile homes, except in existing mobile ?r
home parka and mobile home subdivisions)
(4) New construction seaward of the reach of mean high tide.
F
Section 5. Section 142. 05, Exacuation plan for mobile home parks
and mobile home subdivisions, of Chapter 142, Flood Protection, of Title
X1, Building and Zoning Regulations, of the Code of Ordinances, City of
Clearwater, is hereby amended to read as follows:
Sec. 142.05. Evacuation plan for mobile home parks and
mobile home subdivisions.
Mobile home parks and mobile home subdivisions located
within zones •,A?; AA-o-r Al through A30 on the flood hazard
boundary map shall file an evacuation plan indicating alternate
vehicular access and escape routea'with the local disaster
d
preparedneas authority.
Section 6. Chapter 142, Flood Protection, of Title X1, Building t
and Zoning Regulations, of the Code of Ordinances, City of Clearwater, is
+
hereby amended to enact a 'new Section 142. 08, Floodway Provisions, to
read as follows:
-4-
,.M
W.
,o i
z i
-? r
i
I?
y ,
t
1
a -Provisions.
(1) Definjtion•of Floodway; The main channel of a river,
JAZJQ, 4M
ItMM or wawater&o,urse, toaother with adjacent land
ent to discharge the bases flood flow without
cumulatively increasing the water- surface elevation more
than one foot,
(2) Floodway Standards,,
a. No encroachment, including new construction,
substantial improvement-, fill o_r_ other devel pment
shall be allowed within the floodway boundaries, except
where it is demonstrated that _such encroachment will
not result in any. increase in flood level during base
flood discharges. Such demonstration shall include
certification of a professional engineer and supporting
data.
b. No mobile home shall be placed within the floodwa
_boundaries, except that it may be placed in an existing
mobile home park or mobile home subdivision.
(3) Construction in Floodway: Where the provisions of
Section 142. 08 (2) a have been satisfied, construction and
substantial improvements shall comply with all other
applicable regulations of this chapter. .?
Section 7. 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 8. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed.
Section 9. 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 10. The provisions of this ordinance shall take effect
upon its passage.,
PASSED ON FIRST READING May 19. 1983
PASSED ON SECOND AND FINAL
READING AND ADOPTED Sune 2, 1983
Attest:
City. Clerk
Ord °.3.00-83
-5-
6-2-83
- .,' .
E 'b• ,?
.;??ii ?'-<.« fol. rs I}''-•1 C?• 11
F :
Y? CMARWATER SUN 7Wr -S0 1
S? Published Daily 79 V 01
Clearwater, Pinellas County, Fbnlda ?O
COMMO?NELLAS- ;30?? ? ?rO
Before the undentgned authority penonaill appeared Eunice Ncubaum, who ¦n ualh nays that she Is thew
Gegai Account Eaeeutlve of the Clearwater Sun, a dally nevrspapet p+dnlished at Clearwater in Pineiias Cemntlr, gc)q y)
go99
Eloridat that the attached copy of advert mwent, bring a .............................. .........
?
.. P 10A A C- A R A kQ ...................................................In the batter of
. RKO.. 3 Mn ?•?.: ? ? ................... ...............................
in the . ....... ?S r: x ................................ . .................Court, was published to
said newspaper In the Issue of . ........Ma?!..1rq. `,1 A B 3' ..' ................................
Afflont further says that the said Clearwater Sun la a newspaper published at Clearwater, In "td Pinellaa
County, Florida, and that the said newspaper has heretofore been continuously published In said rinelfas
County, Florida, each day and has been entered u second class mall matter at the pod offim to Cl arwatet, in
said Pinellas County, Florida, for a period of one year neat pm eding the first publication of the attached copy
of adveetlsemeatt and afftant fnrahet says that she has nelthrsr paid nor promised any person, firm or ooepot*
tion any discount, rebate, commission or refund for the purpose of securing this advertisement for publication
in the said newspaper. ?n
k* ............
Swam to and subscribed before me
this h.. day a MAY, 9 ..?. .........
.
.... .........
..., ..
{5
• ?ICTARY FL18tlC ;7AT[ Gi M1606 l?l'dr>?iiAP?iE
MIN MY COMMtb5lU°l EaPlr 5 lrU1Y 6 1945
6otvusq 1rrR+? Gnrttr?.t tivY. U,yU_k'Nklrtl.]
p
I ?l?•j ,j• ??'??{1'r
w .
? t
`r 1
r.
'r.
i!d