8070-09
ORDINANCE NO. 8070-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE TO
ADOPT LAND DEVELOPMENT REGULATIONS, TO FURTHER THE
CONSISTENCY BETWEEN THE COMMUNITY DEVELOPMENT CODE
AND THE COMPREHENSIVE PLAN, AND TO MAKE OTHER MINOR
EDITORIAL CHANGES BY AMENDING ARTICLE 1, "GENERAL
PROVISIONS", SECTION 1-108, "COUNTYWIDE CONSISTENCY", TO
RENAME THE SECTION AS "FUTURE LAND USE MAP" AND TO
MAKE "COUNTYWIDE CONSISTENCY" INTO A NEW SUBSECTION 1-
108.A, AND TO ADD A NEW SUBSECTION 1-108.8 "MAP
ADJUSTMENTS", TO PROVIDE FOR CRITERIA FOR MAP
ADJUSTMENTS FOR WATER/DRAINAGE FEATURE,
PRESERVATION, AND RECREATION/OPEN SPACE CATEGORIES,
AND AMENDING SECTION 1-109, "ZONING ATLAS", TO ADD A NEW
SUBSECTION 1-109.E, "ADJUSTMENTS TO THE ZONING ATLAS", TO
SPECIFY CERTAIN ADJUSTMENTS TO THE ZONING ATLAS TO BE
MADE BY THE COMMUNITY DEVELOPMENT COORDINATOR; BY
AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-1303,
"TABLE 2-1303", TO LIMIT AUTOMOBILE SERVICE STATION, MAJOR
VEHICLE SERVICE, RETAIL SALES AND SERVICE USES AND
OUTDOOR RECREATION/ENTERTAINMENT USES IN THE IRT
ZONING DISTRICT; BY AMENDING ARTICLE 3, "DEVELOPMENT
STANDARDS", SECTION 3-804, "SETBACK AND HEIGHT
REQUIREMENTS", TO ADD A NEW SUBSECTION 3-804.B.1.c.,TO
INCREASE THE ALLOWABLE HEIGHTS OF NON-OPAQUE FENCES
FROM 36 INCHES TO 48 INCHES ON WATERFRONT LOTS AND TO
DELETE SUBSECTION 3-804.C AND TO DELETE GRAPHICS;
AMENDING SECTION 3-904, "SIGHT VISIBILITY TRIANGLE",
SUBSECTION 3-904.B, TO INCREASE FROM 36 INCHES TO 48
INCHES THE MAXIMUM HEIGHT FOR NON-OPAQUE FENCES
PERMITTED WITHIN THE SIGHT VISIBILITY TRIANGLE FOR
WATERFRONT LOTS AND TO REPLACE THE EXISTING GRAPHIC;
AMENDING SECTION 3-908, "PERMITTED ENCROACHMENTS INTO
SETBACKS AND OVER STREET RIGHTS-OF-WAY', SUBSECTION 3-
908.A.1, TO DECREASE THE CLEARANCE REQUIRED FOR
AWNINGS FROM NINE FEET TO EIGHT FEET; AMENDING SECTION
3-914, "STORMWATER DETENTION FACILITIES", TO ADD A NEW
SUBSECTION 3-914.C, TO ADD THE USE OF "LOW IMPACT
DEVELOPMENT' TECHNIQUES FOR STORMWATER MANAGEMENT,
AND AMENDING SECTION 3-1202, "GENERAL LANDSCAPING
STANDARDS", SUBSECTION 3-1202.B.3, TO ADD "FLORIDA-
FRIENDLY PLANT MATERIALS" TO THOSE PLANT MATERIALS THAT
ARE "NATIVE TO CENTRAL FLORIDA"; AMENDING SECTION 3-1805,
"SIGNS PERMITTED WITHOUT A PERMIT', TO DELETE SUBSECTION
3-1805.U, TO ELIMINATE SANDWICH BOARD SIGNS IN THE
DOWNTOWN DISTRICT, AND TO RE-LETTER THE REMAINING
SUBSECTIONS, AMENDING SECTION 3-1910, "SAME-WATER
SUPPLY FACILITIES", TO ADD A NEW SUBSECTION 3-1910.D, TO
REQUIRE DEVELOPERS OF NEW SUBDIVISIONS TO PROVIDE
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Ordinance No. 8070-09
INTERNAL RECLAIMED WATER SYSTEMS IF THE DEVELOPMENT IS
LOCATED WHERE RECLAIMED WATER WILL BE AVAILABLE WITHIN
SEVEN (7) YEARS; BY AMENDING ARTICLE 4, "DEVELOPMENT
REVIEW AND OTHER PROCEDURES", SECTION 4-607 "HISTORIC
DESIGNATION", SUBSECTION 4-607.B, TO PERMIT THE CITY TO
INITIATE AN APPLICATION FOR HISTORIC DESIGNATION, AND
AMENDING SECTION 4-901, "AUTHORITY AND APPLICABILITY",
SUBSECTION 4-901.C.6., TO ADD "TRANSPORTATION" TO "PUBLIC
FACILITIES; BY AMENDING ARTICLE 8, "DEFINITIONS AND RULES
OF CONSTRUCTION", SECTION 8-102, "DEFINITIONS", TO REPLACE
THE DEFINITION FOR "COASTAL HIGH HAZARD AREA" WITH A NEW
DEFINITION FOR "COASTAL STORM AREA"; AND MAKING
AMENDMENTS TO THE CODE OF ORDINANCES, CHAPTER 24,
ARTICLE III, WELLHEAD PROTECTION, SECTION 24.63 PERMIT-
REQUIRED AND SECTION 24.64 PERMIT REQUIREMENTS, TO
MODIFY THE REQUIREMENTS FOR A WELLHEAD PROTECTION
PERMIT AND A PROTECTION-CONTAINMENT PLAN, INCLUDING AN
INCREASE IN THE DISTANCE FROM 500 FEET TO 1,000 FEET
REQUIRED FROM A WELL FOR POTENTIAL EXPANSION/CHANGE
OF AN EXISTING USE WITH CONTAMINATING MATERIALS;
CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE
PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted a new Community Development Code on
January 21, 1999 which was effective on March 8, 1999, and
WHEREAS, it is necessary to amend the Community Development Code for consistency
with the Comprehensive Plan, and
WHEREAS, the City of Clearwater, Florida, adopted the Evaluation and Appraisal
Report-based amendments to the Comprehensive Plan by Clearwater Ordinance No. 7993-08,
on December 18, 2008, and
WHEREAS, the City of Clearwater has determined where the Community Development
Code needs clarification and revision, and
WHEREAS, the City of Clearwater recognizes the need to amend Section 24.63 and
Section 24.64, Code of Ordinances, Chapter 24, Article III, by amending wellhead protection
permit language; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Article 1, "General Provisions", Division 1, Section 1-108,
"Countywide Consistency", of the Community Development Code, be, and the same is hereby
amended to read as follows:
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Ordinance No. 8070-09
Section 1-108. Future land use maD Countywide consistency.
A. Countywide consistency. Applications for development approval shall be consistent
with the provisions of this Community Development Code and the Countywide Future land
Use Plan as required by state law. Development potential is based on the applicable zoning
district and as permitted by the Countywide Future land Use Plan Designation. In cases where
there is a difference between the density permitted in the zoning district and that which is
permitted by the land use classification, the more restrictive shall prevail. In addition, uses of
land shall be consistent with uses permitted in the assigned zoning district as well as the uses
permitted by the Countywide Future land Use Plan Designation.
B. Map adiustments. Plan map boundarv adiustments for WaterlDrainaae Feature,
Preservation and Recreation/Open Space cateaories may be made bv the Community
Development Coordinator provided that such map adjustments are consistent with a
jurisdictional boundarv determination under state aaencv rules which is consistent with such
rules: or are consistent with an approved site or project plan for a bod v of water or drainaae
feature: or are consistent with the purpose and characteristics of the particular cateaorv beina
adiusted and are based upon a findina of appropriateness bv the Community Development
Coordinator that such adiustment is de minimis in extent and effect.
Section 2. That Article 1, "General Provisions", Division 1, Section 1-109, "Zoning
Atlas", of the Community Development Code, be, and the same is hereby amended to read as
follows:
Section 1-109. Zoning atlas.
**********
E. Adiustments to the zonina atlas. Zonina atlas adjustments may be made bv the
Community Development Coordinator based upon information demonstratina errors or
omissions. or based upon historical data.
Section 3. That Article 2, "Zoning Districts", Division 13, "Industrial, Research and
Technology District ("IRT"), Section 2-1303, ''Table 2-1303", of the Community Development
Code, be, and the same is hereby amended to read as follows:
Section 2-1303. Flexible standard development.
The following uses are level One permitted uses in the IRT District subject to the
standards and criteria set out in this Section and other applicable provisions of Article 3.
Table 2-1303. "IRT" District Flexible Standard Development
Min. Lot Min. Lot Min. Setbacks Max. MIN. OFF-STREET
Uses Area Width (ft.) Height PARKING
(sq. ft.) (ft.) (ft.)
Front * Side!
Rear
Automobile Service Stationsill 20,000 100 20 15 30 4/l 000 SF GF A
Major Vehicle Serviceill 20,000 100 20 15 30 4/1000 SF GF A
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Ordinance No. 8070-09
Manufacturing ill fB 10,000 100 20 15 50 1.5/1,000 SF GFA
Offices 20,000 200 20 15 50 3/1,000 SF GFA
1--10/1,000 SF Land Area or
as determined by the
Outdoor RecreationlEntertainment ill 40,000 200 20 15 30 community development
coordinator based on ITE
Manual standards
Outdoor Storage 10,000 100 20 15 30 3/1,000 SF GFA
Parking Lots 10,000 100 20 15 n/a n/a
Public Facilities 10,000 100 20 15 50 1--2 per 1,000 GFA
Public Transportation Facilitiesill ~ n/a n/a n/a n/a 10 n/a
Publishing and Printing 10,000-- 100-- 20 15 50 3/1,000 SF GFA
20,000 200
Research and Technology 10,000 100 20 15 50 2/1,000 SF GFA
Residential Sheltersill ~ 5,000 50 20 15 30 3/1,000 SF GFA
Retail Sales and Servicesill n/a n/a n/a n/a n/a n/a
Restaurants(Q} t41 5,000-- 50 - 20 15 30 7--15 spaces per 1,000 GFA
10,000 100
Self Storage 10,000 100 20 15 50 1 per 20--25 units plus 2 for
manager's office
TV !Radio Studios 10,000 100 20 15 50 4/1000 SF GF A
Utility/Infrastructure Facilities(1} ~ n/a n/a 20 15 n/a n/a
Vehicle Sales/Displays and Major 40,000 200 20 15 30 1.5/1,000 SF Lot Sales Area
Vehicle Sales/DisplaysOO tet
Vehicle ServiceOO tet 10,000 100 20 15 50 1.5/1,000 SF GFA
Veterinary Offices or Animal 10,000 100 20 15 30 5/1,000 SF GFA
Grooming
WholesalelDistributionIW arehouse 10,000 100 20 15 50 1.5/1,000 SF GFA
Facility
*The front setback may be reduced to 15 feet for parking lots provided the land area is not sufficient to accommodate
the full setback requirement and the reduction results in an improved site plan or improved design and appearance and
landscaping is in excess of the minimum required.
ill Automobile service station. maior vehicle service. and retail sales and service uses in the Industrial Limited (IL)
future land use categorv that are not Dart of a master develooment olan shall not exceed five acres. Anv such use. alone
or when added to contiguous like uses which exceed five acres shall reQuire a land use plan map amendment to the
appropriate categorv which shall include such uses and all contiguous like uses.
ill fB In the Industrial Limited (IL) land use category, manufacturing shall be limited to a use engaged in the
manufacture, predominately from previously prepared materials, of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, storage, sales and distribution of goods, and shall not include or allow for
any exterior storage or processing of equipment or materials of any kind.
ill Outdoor recreation/entertainment uses in the Industrial Limited (IL) future land use categorv that are not part of a
master development plan shall not exceed five acres. Any such use. alone or when added to contiguous like uses which
exceed five acres shall require a land use plan map amendment to the aopropriate categorv which shall include such
uses and all contiguous like uses.
ill ~Public transportation facilities shall not exceed five acres. Any such use, alone or when added to contiguous
like uses which exceed five acres shall require a land use plan map amendment to Transportation/Utility which shall
include such uses and all contiguous like uses.
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Ordinance No. 8070-09
ill tJj Residential shelters shall not exceed five acres. Any such use, alone or when added to contiguous like uses
which exceed five acres shall require a land use plan map amendment to Transportation/Utility which shall include
such uses and all contiguous like uses.
(Q) t41 Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard
Development application for review. Restaurants located in the IL future land use category shall not exceed five acres.
Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan
amendment to the appropriate category which shall include such use and all contiguous like uses. Restaurants located in
the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is
accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory.
m ~ Utility/infrastructure uses shall not exceed five acres. Any such use, alone or when added to contiguous like
uses which exceed five acres shall require a land use plan map amendment to Transportation/Utility which shall include
such uses and all contiguous like uses.
00 t6j Vehicle sales/displays, major vehicle sales/displays, and/or vehicle service in the Industrial Limited land use
category shall not exceed five acres. In the Industrial General category such use shall not exceed 25 percent or the floor
area and shall be accessory. Any such use, alone or when added to contiguous like uses which exceed five acres or 25
percent of the floor area shall require a land use plan map amendment to Commercial General which shall include such
uses and all contiguous like uses.
**********
Section 4. That Article 3, "Development Standards", Division 8, "Fences and Walls",
Section 3-804, "Setback and height requirements", of the Community Development Code, be,
and the same is hereby amended to read as follows:
Section 3-804. Setback and height requirements.
**********
B. Side and rear setback areas.
1. Fences and walls shall be permitted to a maximum height of six feet between the principal
structure and any side or rear lot line with the following exceptions:
a. Fences and walls may be permitted up to eight feet in height if located in the Industrial,
Research, and Technology District ("IRT').
b. Fences and walls may be permitted up to eight feet in height in the Commercial District
through Level One, (Flexible Standard Development) approval to buffer uses with drive-
thru facilities, vehicle sales/displays, automobile service stations, outdoor retail sales,
display and/or storage and residential zoning districts. If any fence is part of a Level Two
review, the decision to approve the fence will be made by the Community Development
Board.
c. On those properties adiacent to water. fences proposed to be located within 20 feet of
the property line adiacent to the water or within the reauired setback. whichever is
areater. must be non-opaaue and cannot exceed 48 inches in heiaht.
G.,. Waterfront proporty. Except as provided in subsection 1 or 2, no fence or '1.'\111 is permitted within
the required setb\1ck \1djoining v.'\1ter:
Delete existina araphic.
1. On property \1djoining '.\'3ter:
Delete existina araphic.
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Ordinance No. 8070-09
2. '.^.'hcrc a swimming pool exists 3cijoining water:
Delete existina araohic.
**********
Section 5. That Article 3, "Development Standards", Division 9, "General
Applicability Standards", Section 3-904, "Sight visibility triangle", of the Community Development
Code, be, and the same is hereby amended to read as follows:
Section 3-904. Sight visibility triangle.
**********
B. To enhance views of the water from waterfront property, no structure or landscaping may be
installed, other than a fence around a swimming pool or any non-opaque fences not exceeding 48 39
inches, within the sight visibility triangle described in the following figure, except as otherwise allowed in
Article 3, Division 8.
Remove existina araohic and reolace with the tollowina araohic.
NO STRUCTURE OR LANDSCAPING
MAY BE INSTAlLED, OTHER THAN
NON-oPAQUE FENCE NOT
EXCEEDING 48" IN HEIGHT
WATER
..,
~
}o
PROPERTY LINE (TYPICAl)
STRUCTURE
i
i
i
}o.
PROPERTY LINE. SEA WALL OR
MEAN HIGH WATER LINE.
WHICHEVER IS CLOSEST TOWARD
THE INTERIOR OF THE PROPERTY
SIGHT VISIBILITY TRIANGLE
~
20'
.t.
Enhanced Views Restrictions
Section 6. That Article 3, "Development Standards", Division 9, "General
Applicability Standards", Section 3-908, "Permitted encroachments into setbacks and over street
rights-of-way", of the Community Development Code, be, and the same is hereby amended to
read as follows:
Section 3-908. Permitted encroachments into setbacks and over street rights-ot-way.
Certain building and other projections shall be permitted to extend into setback areas
and may be permitted to encroach over street rights-of-way as follows:
A. Building projections which are affixed solely to the building and not directly affixed to
the ground such as building fascias, roof overhangs, eaves, canopies other than
freestanding canopies, awnings, marquees, and other similar projections, shall be
permitted to project into required setbacks as specified below.
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Ordinance No. 8070-09
1. In the Tourist, Commercial and Downtown Districts, such projections
shall be limited to ten feet and shall be permitted into any required
setback and over street rights-of-way provided a clearance of eiaht
RiRe feet over grade is maintained. In no case shall such projection
be closer than five feet from the curbline or the shoulder of the
roadway. Any awning with supports may be located up to the
property line and any awning that projects into a right-of-way shall be
cantilevered.
**********
Section 7. That Article 3, "Development Standards", Division 9, "General
Applicability Standards", Section 3-914, "Stormwater detention facilities", of the Community
Development Code, be, and the same is hereby amended to read as follows:
Section 3-914. Stormwater detention facilities.
**********
C. The use of low impact development techniques for stormwater manaaement.
such as minimal land disturbance. the preservation of native veaetation. and the minimization of
impervious cover. shall be required unless determined infeasible bv the Enaineerina
Department.
Section 8. That Article 3, "Development Standards", Division 12, "LandscapinglTree
Protection", Section 3-1202, "General landscaping standards", of the Community Development
Code, be, and the same is hereby amended to read as follows:
Section 3-1202. General landscaping standards.
**********
B. Plant material specifications. Except as provided in subsection (6) below, plant materials
which are utilized to satisfy the landscaping required by this development code shall comply
with the following minimum standards:
**********
3. Plant materials shall be those which are native to Central Florida, considered Florida-
friendlv plant materials. requirina minimal amounts of water. fertilizers and pesticides.
and which are recommended in the Plant Guide of the Southwest Florida Water
Management District are strongly encouraged.
**********
Section 9. That Article 3, "Development Standards", Division 18, "Signs",
Section 3-1805, "Signs permitted without a permit", of the Community Development
Code, be, and the same is hereby amended to delete subsection 3-1805.U and re-Ietter
the subsequent sections as appropriate:
Section 3-1805. Signs permitted without a permit.
The following signs may be developed without development review pursuant to
Article 4 of this development code:
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Ordinance No. 8070-09
**********
U. In tho Downtown District, one sandv:ioh board sign for each licensed
business, but no more than t\4JO per lot.
**********
Section 10. That Article 3, "Development Standards", Division 19, "Subdivision Design
Standards", Section 3-1910, "Same--Water supply facilities", of the Community Development
Code, be, and the same is hereby amended to read as follows:
Section 3-1910. Same Water supply facilities.
**********
D. When new subdivisions are beino developed at locations where reclaimed water will
be available within seven (7) years from the issuance of the development order. the developer
shall provide internal reclaimed water systems that are constructed to City specifications.
Section 11. That Article 4, "Development Review and Other Procedures", Division 6,
"Level Three Approvals", Section 4-607, "Historic designation", of the Community Development
Code, be, and the same is hereby amended to read as follows:
Section 4-607. Historic designation.
**********
B. Application. An application for historic designation may be initiated by the City or
Qy a property owner based on a report which includes, at a minimum, the following:
1. The location and boundaries of the property or district.
2. The historic, architectural, or archaeological value of the property or district, and its
relationship to the history, government or culture of the city.
3. Present and projected economic trends and conditions relating to the maintenance,
development or redevelopment of the property or district.
4. A list of contributing and noncontributing properties within a district.
**********
Section 12. That Article 4, "Development Review and Other Procedures", Division 9,
"Concurrency Management", Section 4-901, "Authority and applicability", of the Community
Development Code, be, and the same is hereby amended to read as follows:
Section 4-901. Authority and applicability.
**********
C. Exception. No certificate of concurrency/capacity is required for the following:
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Ordinance No. 8070-09
**********
6. Public transportation facilities.
Section 13. That Article 4, "Development Review and Other Procedures", Division 9,
"Concurrency Management", Section 4-902, "Application and procedures", of the Community
Development Code, be, and the same is hereby amended to read as follows:
Section 4-902. Application and procedures.
A. An application for a certificate of concurrency/capacity shall be filed with the
community development coordinator as part of an application for development approval and
shall include such fees as are required by Section 4-202iEl fEr.
**********
Section 14. That Article 8, "Definitions and Rules of Construction", Section 8-102,
"Definitions", of the Community Development Code, be, and the same is hereby amended to
read as follows:
Section 8-102. Definitions.
For the purposes of this Development Code, the following words and terms have the
meanings specified herein:
**********
Coastal storm high h3z3rd area means the area delineated in Map E-1 of the Coastal
Manaaement Element of the Clearwater Comorehensive Plan. which encompasses all of the
followina: (1) the Coastal Hiah Hazard Area (CHHA), which shall be defined by the Sea. Lake
and Overland Suraes from Hurricanes (SLOSH) model to be inundated from a cateaorv one
hurricane. as reflected in the most recent Reaional Evacuation Studv. Storm Tide Atlas. (2) all
land connected to the mainland of Clearwater by bridaes or causeways. (3) those isolated areas
that are defined bv the SLOSH model to be inundated bv a cateaorv two hurricane or above and
that are surrounded bY the CHHA or by the CHHA and a body of water. and (4) all land located
within the Velocity Zone as desianated bY the Federal Emeraency Manaaement Aaency subject
to high velooity waters, inoluding but not limited to hurric3ne wave 'I.-ash. The arca m3Y be
designated on a FIRM 3S zone '11 30, 'IE or V.
**********
Section 15. That Code of Ordinances, Chapter 24, Article III, Wellhead Protection,
Section 24.63 Permit-Required, be, and the same is hereby amended to read as follows:
Sec. 24.63. Permit-Required.
(1) A wellhead protection permit shall be obtained from the enaineerina director for anv
new business. commercial. industrial or other activity that has the potential to store or discharae
harmful auantities of known contaminatina materials if any portion of the subiect property is
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Ordinance No. 8070-09
within 1.000 feet of a potable water well. A 'Nellhead protection permit shall be obt:lined from the
engineering director for :lny ne':l business, commerci:ll, industrial or other nonresidenti:ll aotivity
on property '1:ithin the city if any portion of the subject property is v:ithin 500 feet of a potable
'....:lter well. A wellhead protection permit shall be obtained from the engineering director for any
new residential construction on property located within the city if any portion of the subject
property is within 100 feet of a potable water well. A wellhead protection permit may be issued
by the engineering director after review of the application and protection-containment plan (if
required) submitted by the applicant. No business tax receipt or building permit shall be issued
for any activity for which a wellhead protection permit is required until such permit has been
issued. Permits shall have a term not to exceed 12 months and shall expire on March 15 of
each year. Applications for annual permit renewal shall be submitted no later than 30 days prior
to permit expiration.
Section 16. That Code of Ordinances, Chapter 24, Article III, Wellhead Protection,
Section 24.64 Permit Requirements, be, and the same is hereby amended to read as follows:
Sec. 24.64. Permit requirements.
**********
(4) If any new activity is proposed within 1.000 feet of a potable water supplv well that
has the potential to store or discharae harmful auantities of known contaminatina materials. a
protection-containment plan shall be submitted. If :lny cont:lminating material is proposed to be
used or stored for any business, commercial, industrial or other nonresidenti:ll use within 500
foet of a potable water supply 'Nell, a protection containment plan shall be submitted. If any
contaminating material is proposed to be used or stored for residential use within 100 feet of a
potable water supply well, a protection-containment plan shall be submitted.
(5) A wellhead protection permit application shall at a minimum include a location map of
the potable water well and 1.000 aoo feet surrounding the well, plans for the proposed
development or expansion/change of an existing use (if applicable), the location and
identification of the proposed activity, existing uses in :l 500 foot zone for a commeroial use
:lpplication or a 100 foot zone for a residenti:ll use application, a listing of any contaminating
material to be used or stored on the site and a protection-containment plan if necessary.
Section 17. Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) and
amendments to the Code of Ordinances, Chapter 24, Article III, Wellhead Protection, Sections
24.63 Permit-Required and 24.64 Permit Requirements, are hereby adopted to read as set forth
in this Ordinance.
Section 18. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City's Comprehensive Plan.
Section 19. 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 20. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
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Ordinance No. 8070-09
Section 21. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
November 17, 2009
PASSED ON SECOND AND FINAL
READING AND ADOPTED
December 3, 2009
Approved as to form:
5~K~
Frank V. Hibbard
Mayor
Attest:
'L
.
Leslie K. Douga - ides
Assistant City Attorney
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Ordinance No. 8070-09