9508-21ORDINANCE NO. 9508-21
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY
AMENDING CHAPTER 51 FLOOD DAMAGE PREVENTION; PROVIDING FOR
INCORPORATION OF UPDATED FEMA FLOOD HAZARD MAPS;
AUTHORIZING THE FLOODPLAIN ADMINISTRATOR TO RELY ON BEST
AVAILABLE DATA, WHEN LOCALLY DETERMINED DATA IS AVAILABLE, IN
ESTABLISHING THE MINIMUM BASIS FOR FLOOD HAZARD AREAS AND
BASE FLOOD ELEVATIONS; CLARIFYING DEFINITIONS SPECIFIC TO THIS
CHAPTER; PROVIDING CERTAIN CONDITIONS FOR WHEN ACCESSORY
STRUCTURES MAY BE LOCATED BELOW THE BASE FLOOD ELEVATION;
UPDATING MINIMUM ELEVATION STANDARDS CONSISTENT WITH
FLORIDA BUILDING CODE AND FEMA BEST PRACTICES; CERTIFYING
PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted the Community Development Code on
January 21, 1999 which took effect on March 8, 1999; and
WHEREAS, the Federal Emergency Management Agency has identified special flood
hazard areas within the boundaries of the City of Clearwater and such areas may be subject to
periodic inundation which may result in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public expenditures for flood
protection and relief, and impairment of the tax base, all of which adversely affect the public
health, safety and general welfare; and
WHEREAS, the City of Clearwater wishes to incorporate the new Federal Emergency
Management Agency Flood Insurance Study and Flood Insurance Rate Maps, which were
effective August 24, 2021, into Chapter 51 of the Clearwater Community Development Code; and
WHEREAS, the City of Clearwater also wishes to utilize best available data, including but
not limited to the Pinellas County Vulnerability Assessment, to determine flood hazards; and
WHEREAS, the City of Clearwater also wishes to add language pertaining to accessory
structures per FEMA and State guidance; and
WHEREAS, the City of Clearwater was accepted for participation in the NFIP Community
Rating System (CRS) on October 1, 1991 and the City desires to continue to meet the
requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such
participation; and
WHEREAS, the City of Clearwater wishes to retain its Class 6 rating in the NFIP
Community Rating System and satisfy the Community Rating System prerequisite to require
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manufactured homes installed or replaced in special flood hazard areas to be elevated above the
base flood elevation and meet local design flood elevation requirements; and
WHEREAS, at a duly noticed public meeting the Clearwater Community Development
Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this
amendment, conducted a public hearing, considered all public testimony and has determined that
this amendment is consistent with the City of Clearwater's Comprehensive Plan and
recommended that the City Council adopt this amendment; and
WHEREAS, the City Council has fully considered the recommendation of the Community
Development Board and testimony and evidence submitted at its public hearing; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. That Chapter 51. Flood Damage Prevention, Article I. Administration,
Division 2. Applicability, Section 51.103. Establishing flood hazard areas, Community
Development Code, be amended to read as follows:
Sec. 51.103. Establishing flood hazard areas.
(1) Basis for establishing flood hazard areas. The flood insurance study for Pinellas County,
Florida and incorporated areas, dated August 18, 2009 24, 2021 and all subsequent
amendments and revisions, and the accompanying FIRMs, and all subsequent
amendments and revisions to such maps, are adopted by reference as a part of this
chapter and shall serve as the minimum basis for establishing flood hazard areas. When
locally determined data is available, the City will refer to the best available data to establish
flood hazard areas. Locally determined data shall include but not be limited to the Pinellas
County Sea Level Rise and Storm Surge Vulnerability Assessment (RESTORE Act
Vulnerability Assessment (2021)), and any subsequent amendments thereto, which is
adopted by reference and made a part of this chapter. Where there are differences in the
flood hazard data, the more restrictive shall govern. Studies and maps that establish flood
hazard areas are on file at the City of Clearwater Engineering Department.
(2) Submission of additional data to establish flood hazard areas. To establish flood hazard
areas and base flood elevations, pursuant to article 1 Division 5 of this shaptor Article, the
floodplain administrator may require submission of additional data. Where field surveyed
topography prepared by a Florida licensed professional surveyor or digital topography
accepted by the city indicates that ground elevations:
(a) Are below the closest applicable base flood elevation, even in areas not delineated as
a special flood hazard area on a FIRM, the area shall be considered as flood hazard
area and subject to the requirements of this chapter and, as applicable, the
requirements of the Florida Building Code.
(b) Are above the closest applicable base flood elevation, the area shall be regulated as
special flood hazard area unless the owner or owner's authorized agent (hereafter
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"applicant") -applicant obtains a letter of map change that removes the area from the
special flood hazard area.
Section 2. That Chapter 51. Flood Damage Prevention, Article I. Administration,
Division 4. Permits, Section 51.306. Expiration, Community Development Code, be amended to
read as follows:
Sec. 51.306. Expiration.
A permit or approval shall become invalid unless the work
authorized by such permit is commenced within 180 days after its issuance, or if the work
authorized is suspended or abandoned for a period of 180 days after the work commences.
Extensions for periods of not more than 180 days each shall be requested in writing and
justifiable cause shall be demonstrated.
Section 3. That Chapter 51. Flood Damage Prevention, Article I. Administration,
Division 7. Variances and Appeals, Section 51.601. General, Community Development Code,
be amended to read as follows:
Sec. 51.601. General.
The building/flood board of adjustment and appeals shall hear and decide on requests for
appeals and requests for variances from the strict application of
= this chapter. Pursuant to section 553.73(5) F.S. the
building/flood board of adjustment and appeals shall hear and decide on requests for appeals
and requests for variances. This section does not apply to Section 3109 of the Florida Building
Code, Building.
Section 4. That Chapter 51. Flood Damage Prevention, Article II, Definitions,
Division 2. Definitions, Section 51.851. Definitions, Community Development Code, be
amended to read as follows:
Sec. 51.851. Definitions.
Accessory structure means a structure on the same parcel of property as a principal
structure, the use of which is incidental to the use of the principal structure. For floodplain
management purposes, the term includes accessory structures used only for parking and
storage.
* * * * * * * * * *
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Ordinance No. 9508-21
Market value means the
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value of buildings -and structures, excluding the land and other improvements on the parcel. The
market value of a non-residential building does not include the value of the use or occupancy.
Market value is the actual cash value (in-kind replacement cost depreciated for age, wear and
tear, neglect, and quality of construction) determined by a qualified independent appraiser, or
the "Just Value" of the structure, developed by the Pinellas County Property Appraiser's Office
(the "PAO") for Ad Valorem taxation purposes, adjusted to approximate market value as
determined by the PAO. • _ _ ' _ _ _ _'
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**********
Section 5. That Chapter 51. Flood Damage Prevention, Article III. Flood Resistant
Development, Division 2. Buildings and Structures, Community Development Code, be
amended to add a new Section 51.1004. Accessory Structures to read as follows:
Sec. 51.1004. Accessory Structures.
Accessory structures, as defined in this chapter, that are located in coastal high hazard
areas (Zone V/VE), special flood hazard areas (Zone A/AE), or both areas are permitted below
the base flood elevation provided such structures are in compliance with the following
standards:
(1) Those accessory structures located in Zone VNE shall not be located below elevated
buildings and shall not be larger than 100 sq ft in size;
(2) Those accessory structures located in Zone NAE shall be one-story in height and no
larger than 600 sq ft. in size, and shall have flood openings in accordance with
Section R322.2 of the Florida Building Code, Residential;
(3) Such structures shall only be used for parking and storage purposes;
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(4) Such structures shall be anchored to resist floatation, collapse or lateral movement
resulting from flood loads;
(5) Such structures shall have flood damage -resistant materials used below the base
flood elevation plus two (2) feet; and
(6) Such structures shall have mechanical, plumbing, and electrical systems, including
plumbing fixtures, elevated to or above the base flood elevation plus two (2) feet.
Section 6. That Chapter 51. Flood Damage Prevention, Article III. Flood Resistant
Development, Division 5. Manufactured Homes, Section 51.1303. Foundations, Community
Development Code, be amended to read as follows:
All newly installed manufactured homes and replacement manufactured homes installed in
flood hazard areas shall be installed on permanent, reinforced foundations that:
(1) In flood hazard areas (Zone A) other than coastal high hazard areas and Coastal A
Zones, are designed in accordance with the foundation requirements of the Florida
Building Code, Residential and this chapter.
(2) In coastal high hazard areas (Zone V) and Coastal A Zones, are designed in
accordance with the foundation requirements of the Florida Building Code, Residential
and this chapter.
strength
Section 7. That Chapter 51. Flood Damage Prevention, Article III. Flood Resistant
Development, Division 5. Manufactured Homes, Section 51.1305. Elevation Requirements,
Community Development Code, be amended to read as follows:
Sec. 51.1305. Elevation requirements.
{�) All manufactured Manufastuced homes that are placed, replaced, or substantially improved
in flood hazard areas shall be elevated such that the bottom of the frame is at or above the
elevation required as applicable to the flood hazard area, in the Florida Building Code,
Residential Section R322.2 (Zone A) or R322.3 (Zone V and Coastal A Zone). shall-semply
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Ordinance No. 9508-21
Section 8. Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are
hereby adopted to read as set forth in this Ordinance.
Section 9. 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 10. 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 11. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 12. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
AS AMENDED
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Matthew J. Mytych,
OCT 2 1 2021
NOV 0 4 2021
K
Flank V. Hibbard
Mayor
Attest:
atil/li/Ai Ojai_
Rosemarie Call, MPA, MMC
City Clerk
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