5683-95 ORDINANCE 'NO. 5583-95
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA, RELATING TO THE
LAND DEVELOPMENT CODE; AMENDING SECTION 42.28, 'CODE OF ORDINANCES
TO REQUIRE VEGETATIVE BUFFER SETBACKS ADJACENT TO "JURISDICTIam
WETLANDS" AMER THE JURISDICTION OF THE STATE OF FLORIDA; PROVIDING
AN EFFECT VE ;DATE.
BE `IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CL EAR ; TER, `
FLORIDA:
Section 1 . Section 42.28, Code of Ordinances , is amended to readl,:
Sec'. 42.28. Vegetative buffer adjacent to preservation Aistrlict oor,
,jurisdictional wetlands.
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(1) A vegetative buffer, being necessary to protect the ecological and
aesthetic i nteg'ri ty of interior or coastal `wetlands , steal 1 encompass all l ands
wi tni n 25 feet of the boundary of any property designated on the zoning atlas as`
Preservation (�) , or V' `Droperty determined to be ` wetlands under the
Puri sdi ct on of the_State of Fl or7 da ,iuri sd i ct oval wet l ands" ) : and alit lands
within 15 feet: of the 'top of the bank of any creeks , channels , or ;related
waterw s ,whichi contain iurisdictioval wetlands. For the purposes cf thi s
section "toy of bar:k" is defined as that point on the slime at which the side
sloe becomes flatter than one foot vertical to four feet horizontal . However,
this regUiremept ' shall not apply to existing seawalls or other structures
creating an abrupt transition between any such ropert to t 'aPA-s and the
adjoining upland property.
(2)' When a proposed development is adjacent to property design ted as
preservation or' d6termi nod to be .iuri sdi ct oval wetlands , the vegetati vE, buffer
shays be ` provided by the owner in accordance with the ',req�,i rements of this
secti on. The vegetative buffer may be provided within or over other required
setbacks The buffer, shall be designated on the site plan, `plat or reelaf of the
property as a ; Preservation Lands Protection Buffer. "
(3) U }onj ao royal by the division of environmental mangy emert the
regu red buffer width may be reduced by not more than one-third in a portion 'of
the buffer; by Or6_vi di ng additional width in another r orti on of the, buffer which
wi 11 result i n' an_eLui val ent or greater square footage of cumulative buffer area .
No structure or other surface impervious to water sllhall be
permitted within the vegetative buffer, with the exception of structures which
would be al l owed has a art of a ermi tted or conditional usew i thi n the
reservation district.
JL-� A structure or impervious surface existing within a vegetative
buffer as of October 4, 1990, and not i n compl i ance with the provisions of th is
section,- shall be deemed lawful but nonconforming if the structure or, impervious
surface was lawful when constructed. No expansion of the structure or impervious
surface into the buffer shall be permitted. If the structure or, imj�ervious
surface should be substantially damaged, by disaster or> Otherwise, the
reconstruction : 0i the structure or impervious surface within the vegetative
buffer shall not be permitted. Nothing in this section shall be construled so as
to prevent the, ordinary maintenance or repairs of lawful but nonconforming
structures or i mpervi ous surfaces grdl ess_ of'_the ,dollar val uQ of such
i
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6 t�ithi n the vegetative buffer, an native vegetation sl.al 1 oe
protected that the buffer will retain the any o the immediately
o€¢ within the preservaticn district. Native vegetation',>within
adjacent regetati
the buffer shall not be 'removed or altered without the approval of the divisions
of environmental d anagement i n accordance Sri th ttre�prov�provisions of this secti ors.
If removal or alteration is proposed, the owner shale present a plan for a pr"°oval
by the di isioar ;of environmental management showing that the proposed removal or
alteration of the vegetation will not adversely affect the hydr of og f cal or
ecological integrity of the adjacent wetland. If appr ovLd, the plan s,.all be
incorporated i ni the approval and the terms thereof shall be binding upon file
ownr�r . All prohib�t��d trees as listed in Section 52.06(3) ex?stn A �
" ,,O wi thi 61 the buffer shall be removed by the landowner and shall be
'prevented jfrom relomergence. This subsection shall not be construed to prohibit
routine maintenance trimming of nonwetl and vegetation ` in accordance w;t.h,
procedures developed by the division of environmental management and approved by
the .city manager .
Any, removal or alteration of native vegetation within a vegetative
buffer without' the approval of the division of environmental management shall be
deemed a violation of this section', Each day following the removal or alt ration
of nat'i've vegetation shall be deemed a separate violation anti 1 the native
vegetation is restored. The code enforcement board dhall require the o+Nner to
restore the veg6tative buffer to its natural state at the owner's expense, and
the owner shall ;be; subject to the imposition of,a fine in an amount not tc exceed
100.00 per day; for each day that the owner is found to be in violation of this
section,-
JL1 4-74 I
If prior to October 4, 1990, the native vegetation within a
vegetative buffOr, hias been removed or altered, the owner shall not be rleeuired
to restore the ;vegetation to its natural state. The owner shall not, hlowever,
impede the natural succession of native vegetation into the buffer. 1
Section 21., the provisions of this ordinance are fond and determined to
be consistent with the City of Clearwater Comprehensive Plan.
Section 3,. This ordinance shall take effect immediately upon adoption.
PASSED ON' FiRST READING February IS, 11995
PASSED ON: SECOND AND FINAL READING
AND ADOPTED
March 2 19951
r
ita Garvey
Mayor-Commissioner
Approved as to form and legal Attest:
sufficiency:
_ I
ame a r� :yn� �i a �.. t�}_ Blau
City Attorney CitT Clerk
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