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1998¦1< ORDINANCE NO. ]99g ? .s ?R:?rwf AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING ARTICLE V, MARINE IMPROVEMENTS, OF CHAPTER 7, BUILDINGS, OF THE CODE OF ORDINANCES OF THE CITY OF CLEARWATER, FLORIDA, 1962, TO SET MINIMUM SPECIFICATIONS FOR THE CONSTRUCTION OF DOCKS, PIERS AND WHARVES; TO REQUIRE PERMITS FOR CONSTRUCTION OF DOCKS, PIERS AND WHARVES; TO REQUIRE PERSONS, FIRMS OR CORPORATIONS TO OBTAIN CERTIFICATES OF COMPETENCY FOR CON- STRUCTION OF ALL DOCKS, PIERS AND WHARVES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT; PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE SEPARABILITY OF THE PROVISIONS HEREOF; DECLARING THAT A PUBLIC EMERGENCY EXISTS AFFECTING THE HEALTH, SAFETY AND WELFARE OF THE CITIZENS OF THE CITY; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the current Code of Ordinances of the City of Clearwater contains no minimum standards governing the construction, repair or replacement of docks, piers or wharves; and WHEREAS, the City of Clearwater, being a water oriented community with numerous docks, piers and wharf facilities, is in need of such a minimum code; and WHEREAS, an emergency exists within the City of Clearwater in that it is immediately necessary to provide such a construction code for preserving the safety of the citizens of the City of Clearwater; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Section 7-81, Permit, required, of Article V, Marine Improvements, of Chapter 7, Buildings, of the Code of Ordinances of the City of Clearwater, Florida, 1962, is hereby amended to read as follows: Section 7-51. Permit, required. No sea wall, bulkhead, 40-ckz-pies, groin, marine improve- ment, bridge, or other similar marine structure of any nature shall be built within the city until the city building official shall first issue a permit therefor, after the approval of the city engineer, upon written application and detailed plans and specifi- cations therefor having been duly submitted. Said plans and specifications shall be prepared by an engineer duly registered in the state, and said plans and specifications shall bear the seal of said engineer. The city engineer is authorized to establish minimum specifications for all such marine improvements, bridges, or other similar marine structures, and is hereby authorized to approve or disapprove said plans and specifications in his sound discretion. Ord 1998 -'emergency -1- 9/6/79 1 yr ~ 1 ( k? ti , . .tip :F,. •:: } r ?•1 Section Z. Article V, Marine Improvements, of Chapter 7, Buildings, of the Code of Ordinances of the City of Clearwater, Florida, 1962, is hereby amended to enact the following new sections: Section 7-83. Definitions. As used in L%is ordinance, the following words and terms shall have the following meaning unless a different meaning is clearly intended: (a) "City" shall mean, the City of Clearwater, Florida. (b) "Commercial dock" shall mean any dock used in connection with or owned by a hotel'. motel, apartment house (three or more units), condominium, cooperative apartment, restaurant, social or fraternal club or organization, or commercial enter- prise of any type whatsoever. (c) "Residential dock" shall mean any dock which will be used by an individual owner, his family and friends and not included in (b) above. (d) "Navigable waters", as used in this ordinance, shall mean any stream or body of water which can be put to public use whether or not it can be used for commercial navigation. (e) "Construction" as used in this ordinance shall mean completely new work, repairs, replacements and extensions to existing structures except that it shall not include the repair or replacement of decking, stringers, railing, lower landings or the patching or reinforcing of existing piling on private and commercial docks for which a City permit was originally issued. (f) Where lumber sizes are referred to herein they refer to nominal sizes. (g) "Dock" as used in this article shall mean any structure, otherwise known as a pier, wharf, or loading platform, which is constructed on piling, over open water, or which is supported by flotation on the water. (h) "Tie piles" when used in this ordinance shall include dolphins or mooring piles which are placed to provide anchorage, mooring or space for a ship or boat. (i) "Property line", as used in this ordinance, shall mean those lines described in the legal description of the applicant's recorded deed. Section 7-84. Maximum width, length and position of residential docks, piers and wharves. (a) All residential docks to be constructed in navigable waters of the City of Clearwater shall be constructed so that the width of same shall not exceed twenty-five per cent (25%) of the width of the property involved at the waterfront and shall be further constructed so that the length of the dock shall not extend further from the water line of the property than one- half the width of the property at the waterfront or one-fourth the width of the waterway. ' •4 . ?`•? ° ;` Ord. 1998 emergency- -2- 9/6/79 ??ii; 1 ir'?Vf "'"?'p yy?????.}L??rt`'rr"ai ?' '?i?riJl ?. Srryl ? . r ?• ?Ii .r4? ?? •'A. :1,:,'. .I: ,M": ?'.i 1 y ;cif ?,:A; 1} t.. Vim` 4 ?°11 _(b) All residential docks to be constructed on waterfront property of less than 60 feet frontage must be so located that no, portion of the proposed dock is closer to either extended property line than one-third of the waterfront measurement. All residential docks to be constructed on waterfront property of more than 60 foot frontage must be located at least 20 feet from either adjacent extended property line. Section 7-85. Minimum specifications for residential dock construction, (a) All piling shall be of precast concrete testing 3000 pounds or better in twenty-eight (28) days or of creosoted piles, pressure treated to twenty-two (22) pounds of a minimum tip size of six (6) inches in diameter and a minimum butt size nine (9) inches diameter; or Southern Pine piles conforming to physical quality to Specifications ASTM D25-55, which have been treated in conformance with AWPA Standard C-3 with Chromated Copper Arsenate (CCA - Type A, B or C) in accordance with AWPA Standard P-5, and which have minimum butt and tip sizes equal to those specified for creosoted piles above. When Southern Pine piles treated with CCA - Type A, B or C are used, analysis by assay extraction in accordance with AWPA Standard A-2 may be required to show a minimum retention and distribution of solid preservative of 2. 5 p. c. f. in the zone 0" to 1. 511 from the surface and 1. 5 p. c. f. in the zone 1.5" to 2. 0" from the surface. Concrete piling shall be at least eight inches (811) square in cross-section. In no event shall penetration be less than 61011, providing however that this penetration does not create a hardship due to rock or impenetrable material. (b) Concrete piling shall incorporate at least four (4) one-half inch (1/211) diameter steel rods running the entire length thereof and covered by at least two inches (211) of concrete, (c) Tie piling shall project above the surface of the water or -land only as high as may be reasonably necessary for use and application, and all such piling shall be either twenty- two (22) pound pressure treated creosote wood or concrete, or Southern Pine Piling treated in conformance with AWPA Standard C-3 with Chromated Copper Arsenate (CCA) Type A, B or C, and as approved by the City of Clearwater Engineering Department. (d) All fastenings shall be hot-dip galvanized or better. (e) All other timber shall be pressure treated. (f) Span spacing between pile bents shall not exceed 1210". For timber decked dock construction, the second bent shall not exceed 1210" in front of the beginning of the dock. Outside stringer systems shall be doubled 2" x 8" pressure treated timber or greater. 5/8" diameter galvanized bolts or greater are to be used for attachment of stringers to caps on piling. Intermediate stringers shall be single 2" x 8" with a maximum 310" on-center spacing. Decking shall be 201 x 611, 211 x 811 size, or greater, pressure treated timber. ?- ,?: iri ,•?al?l•,sf,?" •`113'`'.-• - -3- 9/6/79 Ord 1998 emergency x 9'?L Ff?`;r..?e5 r,tLl Pro t ?' y k _..?. ._,?w_.,.. ... .? v'?1 3 E (g) All floating private docks to be constructed in the City of Clear water must have a minimum of .20 pounds per square foot floatation. (h) All floating docks to be utilized as commercial structures in the City of Clem water must have an engineer's signature and seal affixed to said plans.;` (i) Covered Boat Lifts wF:. (1)All roof designs must conform to the Southern Building Code applicable to the type of construction:.';`;' ,'- being used to cover the lift. (Z) In no case shall administrative approval be given ' ,{fy ? ? `t for the enclosing of the sides of any boat lift.' Y Section 7-86. Minimum Specifications for Commercial Docks,; (a) Commercial docks shall be constructed in such a manner as to equal or better the construction requirements set out herein for residential docks. (b) All commercial dock applications, except for applications for the piling only, shall require the signature and seal of a Florida Registered Engineer to be affixed to the plans submitted for approval. Section 7-86. 1 Variance Requirements (a) The Board of Adjustment and Appeal on Zoning shall have the power to grant variances from the minimum standards relating to width, length and position standards contained in this ordinance, upon formal application being made to the Board pursuant to Section 35. 09 of the Clearwater Code of Ordinances and for good cause shown. (b) The Board of Adjustment and Appeal on Building shall have the power to grant variances from any of the minimum standards relating to construction material requirements contained in this ordinance, upon application being made to the Board and for good cause shown. Section 7-86.2 Permits Required (a) No person, firm or corporation shall undertake construction, as defined in this ordinance, of any commercial or residential dock on any of the navigable water in the City of Clearwater without having first obtained a permit from the Building Department. (b) Any person, firm or corporation undertaking any of the following activities on the navigable water of Clearwater, Florida, shall be required to obtain a permit'from the Building Department. Permits shall be required for: (1) The installation, placement or replacement of tie piles. (2) Any repairs to a dock or replacement of a portion thereof. (3) Placement or replacement of any pilings. (4) Removal of any dock.. .4- :Ord 1998 emergency 9/6/79 r? v.- "i -a.n . •r,•14 $y.• - . y- k':. ?Y• . 'Fw,R}e-: { ^r • Z 3rgrn fy -.;7v? .. _ „ - ,? - r.:.-n -4 °.•fa fr*` t ; - ' •r Pit, ?? '"y ...1 .? ,;:' i `S ?f ? •. •' 'i k: ? ?.F - ksY" ' ?,. ..'_.?. _. .. r'1. 3.? .. • ..? _ ,??.'.'.,it:.?1k._.?;.Y?.._.?_::?.5•:::.??.+,_a'w," ? yA:f??tSa•?YdM.ti-.?:?.Le.r}+t?k?C•:iF.. - I..?Fdt '•' .1 (c) The documents required to be submitted in support of M F tI j the application for permits issued pursuant to subsections (a) and (b) of this section, which documents may include, N.N13s;?,'{ but shall in no way be limited to, plans and specifications, ? ,•,.. •. architectst drawings, surveys, construction contracts and . ` other pertinent information which the Building Official deems necessary for proper consideration of the application. ° =`;•; ;; (d) Permits, for docks, issued by the Building Department shall be effective for six (6) months from date of issuance. Such permits may be renewable for an additional term of ninety (90) days upon the written request of the applicant at :'. .::,i`V . _ • least thirty (30) days prior to the expiration date of the :?. + i`,.::s'.;;;?•+?'•s- 5' , ' " permit and for justifiable cause • `""w+ '''??s ` ' ' ' e:..l,ur t:4?'; i?7,y".?41Y'rCJ::+b?,.?.r?'?_..3 •• Section 7-86. 3 Disrepair or Dilapidated Docks If any pier or dock, presently existing, constructed hereunder or continued in existence hereunder is permitted to fall into disrepair so as to become a dangerous structure involving risks to the safety and well being of the community or individual members thereof such structure must either be removed or repaired so as to conform with the requirements of this ordinance. Upon deter- mination by the Building Official or his designated representative that any pier or dock has become a dangerous structure, written notice thereof shall be given by registered or certified mail. Any party so informed shall have thirty (30) days from the date of the notice within which to remove or repair said structure to conform with the requirements of this ordinance. Section 7-86.4 Periodic Inspection Requirements (a) All existing commercial docks and all docks hereinafter constructed containing forty (40) or more slips shall be inspected to determine their, condition and compliance with the minimum standards of this code with such inspection to be conducted at three (3) year intervals by an engineer trained in the construction of such docks and the owner of such docks shall submit a report bearing seal of such engineer to the Building Official or his designated representative demonstrating that such dock or docks whether presently existing or hereinafter constructed, comply with the minimum standards set forth in this code. (b) The first inspection report to be submitted pursuant to this code shall be submitted no later than ninety (90) days after the ordinance becomes effective. Upon the ordinance becoming effective, the Building Official or his designated representative shall immediately notify the owner or owners of all existing docks, piers or wharves of the requirement for an inspection as imposed by this section. Subsequent inspection shall occur following the expiration of a three (3) year period. -g- Ord .19 9 8 , emergency 9/6/'79 ?.,....-,'?F;:tit„'.'.cs?s.... ?.r'w.. ,'f??.`:?.=s..::w_.'.i::.y,4??*?r,???:i;??:-ri?.s:w:e+:<'.•£e,•=.?.'s'_t'';•:... Section 7-86.5 Certificate of Competency All persons, firms or corporations prior to commencing construction or repair or replacement of any dock, pier or wharf subsequent to the effective date of this ordinance shall present to the Building Official or his designated representative evidence that such person, firm or corporation holds a certificate of competency issued by the Pinellas County Building Advisory Board. Section 7-86.6 County Ordinance Not Applicable The area included within the corporate limits of the City of Clearwater, Florida, is deleted from the provisions of Pinellas County Ordinance No. 70-2, as amended, entitled: An ordinance setting minimum specifications for the construction of docks, piers and wharves; requiring permits for construction of docks, piers, and wharves, and the charging of fees therefor; requiring persons, firms or corporations to obtain certificates of competency for construction of all docks, piers and wharves when construction is to commence subsequent to the effective date hereof; requiring all persons, firms or corporations, upon issuance of certificate of competence, to post a FIVE THOUSAND ($5, 000. 00) DOLLAR surety bond to secure faithful performance of contracts; pro- viding penalties for violation of any of the provisions hereof; providing an effective date and said ordinance and any amendment or substitutions thereto shall have no effect within the City of Clearwater, Florida. Section 3. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. Section 4. Any person, organization, society, association or corporation, or any agent or representative thereof, who shall violate the provisions of this ordinance shall be subject, upon conviction, to a fine not to exceed the sum of Five Hundred Dollars ($500.00), or imprisonment for not exceeding sixty (60) days, or by both such fine and imprisonment in the discretion of the Judge. Section 5. Should any section, paragraph, sentence or word of this ordinance be declared for any reason 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. :Ord ; x,99'8 ?meicgency -6- 9/6/•79 ?r t1 .e9'i rM'?j Mys Si 4?N?"•?C y+!';?'S.K}tr??,. . 4? .F; . ` ` e;rc? •>?'.. ,I.,h?w.?, ',? ? `:'?'a Y?'1 ??«c ?j`S.S j7wY "'l.m ?tA? xa Ca ?s7 3xe `?11i??+?`.r. 1 ?N•? !r • w ?r ?- • f 1 Section 6. This ordinance is adopted as an emergency ordinance pursuant to Section 166.041, Florida Statutes, and the Clearwater City Charter. Section 7. It is hereby found, determined and declared that this ordinance is necessary and urgently needed for the preservation of the health, safety and welfare of the citizens and inhabitants of the City of Clearwater, in that passage of this ordinance is required in order to provide minimum standards to govern the construction, maintenance, repair and replacement of existing and newly constructed docks, piers and wharves, thereby providing for the safety of all citizens who might use such facilities; by reason of such fact an emergency is hereby declared; and that this ordinance shall be in full force and effect immediately upon its passage. This ordinance shall automatically expire ninety (90) days from the date of its passage unless the ordinance is submitted during such time for consideration as a non- emergency ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Attest: QL City Clerk -7- September 6, 1979 September 6, 1979 ayor- Commis sioner Ord.' 1998 ' emergency r .. >r 9/6/79 61 !y r' 1 1-5 7.7 ?t ?? ? •?4;K ^?? G f4`. ? t,1?SR l? 5.?,yij:2 .. . y s?. ,r r 4.;y S c. r ff'` ,ti?i , • 1 .4` ...... .. _ .. gilq.."'eE:.r'3.1:.'•>S.:-','.•.h{?':1??`": r. ?: .. .a ?H.'::s ?i.<:..!^.73?'•?'? ?.. " S. (? •"9' ..: ?,x? k'i re?,i .,. S: • S:L i k((???? yy ?•:' } 11:r •?ylr??I t.?,""i •Y .•a,?'FiP4 .{t, £ Tr 1'? ? f "kti d £ ??q R l1 ? y 4 y` w;« '.y.t 4 `.?:' +"5.Y5?:'3 '?°'r r?.S °•,°. il?,.•. y ? r Y ?c`V5 y. 1 S• r?" ? f? .' or ?'.511?Y..rq-y 1'!••tC 'Ff' ,tir t"`:. eZF.?.'ltj ??•?• "q'-?i''jt??'?.'C {?? ii'.,,{?(r???!#?:r??6 x` '? '=: .L 1 +: ???? `qS$?1 • 1.'tT;1 .V?.' ? S •y:.'w. ?.. ':t. ;'r _ s:,i ?}:y 'yC` ?-:k?+S ?(• ?, ..t?'. ? ?, ? x' ask k.,' l;F`?'?"st'a+s8.»'?': .??-; ;•fs ti. ?'?• 4R. ''M1" -!:f;.ax;.,}?"f?.'a.,t"?q?a?w,??`""? ?Fyq?? 3 '?S ?','? , q" ti 4 t1 i s t P A `ice :( vL k 7. r fit. 3 ' M1',i.'• ^ f' S '9" i ":?t4. ,?,`•?.?r.: ;:1 }i.r?r :.f t.ir.r =L c.. •i `3; .:3:t ? ..,?. ^.,??i" a'?`.•r..•..: ?:::+ '•x,'s?'l?i, C'7{9i e'?`-r?,?e `,? ? ?r ?}5.f ql?f?? ? Sy; it a'.. >?' `' r ?+? : r;' #k ,d`.•`r•-?• :?r?' .,i:. k" ?-w-'.r=: ! .t.: ).e"?i?..:?.,,?.x?. i ?- Yrs(?ta? ^? rd` . t, y? A ''?? •'? ? rat; ' r, ,, ? ~v';t •.S ? R?'G? ?'.i;, • S.. .4:."?q r? r ? t s?is: 1}-.n .'?y n 'r4 5 'r ' „ .@l., 3'n. . t- .'r . +? 1,,",},r ,.i•.. .f.• , r' ,?.,, . r ?ti• . ? t.3.i, . - ,? sS?e"... ? +? ' ??? a,•?' ?. ?? 1:S ??L,` ,'i.m V- y 't •?+ .1 „'r , .i': qr . . } .•r x?: ?'r yy? ?. -. r.. ' 4•,yrr " A:.+ i; .f?" : '??i? .'?' pct . . t? .tY:? c' s?i?e'? •• r >., ? s :r. •r ?Sf? _ ,!,;. ,.l.f;;, ?7 ... Y?.. -,? ?},`.y p-' ??' .. a rt.r•t" G Z'{• .4 Ki-',h? ?7. :'r'•. .. ? ? e`t";.• •QYw. .1 .., :?.'?..t?)?y, }r,r ti-?'. a Y?: ?.. ?1 .?r?.r. _v- ;.i'^ .. ?'t ?•.' -ir,dz• .i' •`.1 y:i,.:r,'r"25•. a'.''}'_h' ?M..3 `te?i ,'x1,x?v?- S'?•dri '.7 ?ii'??` 1•f .s 1 .si' ??? '?s>{q?Sii ;'t?'?: t.?'?i fl' ."?',?. .qtr ?ti, .. is •. 't,' ?x`•}.C? ."•t ia+ ??: ?.f ?. ?-,? , ?ff'??i"Y[ti[[ 5? r ???.yi?!•!r'.r b.. .l.'•'? l 3 `.7 . °? sir`#??-t•, :;w?=tr': • .. ME 11 7??'TMITA?vm 777; ?a_ „ ' ;,?' ?? CLEARWATER SUN RECEIVED ??•-? Published Daily ` • x?i'h t•. Clearwater, Pinellas County, Florida OCT 5 1979 STATE OF FLORIDA 1 ?a y r?k "''=-. •t. COUNTY OFI'INF.I.LA8, Before the undersigned authority personally appeared Nlnxlnc•}ij?tlf?aLt?o an oath 66. says that site Is the Classified Sales Manager of the Clearwater Sun, a ally nc per pub• fished at Clearwater In Pinellas County, Florida-, that the attached copy of advertisement, ?`?'?, -`? ?; , '"?•v ;'???,? b[inga.i?q?#•??..4?.?x.?P??e.d..?ne?chml?n?..o.f..ozd...inthematlcraf ...........................Qi'.d?41aa11G?...'.8..1.998.?20.Q3.,20.0?, 20?C ;?? ? . r } M1 ? ;, >: s X]CX$]I , . , . , ......Court was published In t q I .7.9 . sold newspaperintheissuesof...O.GX... A,• . 3.9 •••••••••••••••••••••••••••" •. i ................................................................................. Afflant further says that the said Clearwater Sun Is a newspaper published at Clear water, in said Pinellas County. Florida. and that the said newspaper has heretofore becrl continuously published in said Pinellas County, Florida, each day and has been entered rib second class mail matter at the post office In Clearwater, In said Pinellas County, Florida, >'+ a Cr oa period of one year next preceding the first publication of the attached copy of adver. S , ?.v,_I tisemenl; and atfiant further says that she tins neither paid nor promised any person, firm or or corporation any discount, rebate, commission or refund for the purpose of securing thl: advertisement for publicallut, in the said newspaper. Sworn to and subscribed tkfore me this ...th........... aa' 01tabax.:.,n.n.1979 ?rr ?OIA",Y 11?L1', 57kiC el YrpRlp ... MY C IN13910 C1P14ts ?!:'Y fS?ALf Notary Public 001010 txnu tmtrrat rr;:, usi CS-309 I xt: ? A I -.'1?+1^???•`-?tt1?'6T."he.7r.'+tittt'I.:f??W1?C'rt` : i i?at;?'?F?'!`?d?•!. «;'3? +. Y s: "s??p+J,Y ?ti: -.•, Yf:,1. , f,: ?. I . S 4 ORDINANCE NO. 1998 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING ARTICLE V, MARINE IMPROVEMENTS, OF CHAPTER 7, BUILDINGS, OF THE CODE OF ORDINANCES OF THE CITY OF CLEARWATER, FLORIDA, 1962, TO SET MINIMUM SPECIFICATIONS FOR THE CONSTRUCTION OF DOCKS, PIERS AND WHARVES; TO REQUIRE PERMITS FOR CONSTRUCTION OF DOCKS, PIERS AND WHARVES; TO REQUIRE PERSONS, FIRMS OR CORPORATIONS TO OBTAIN CERTIFICATES OF COMPETENCY FOR CON- STRUCTION OF ALL DOCKS, PIERS AND WHARVES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT; PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE SEPARABILITY OF THE PROVISIONS HEREOF; DECLARING THAT A PUBLIC EMERGENCY EXISTS AFFECTING THE HEALTH, SAFETY AND WELFARE OF THE CITIZENS OF THE CITY; AND PROVIDING FOR 'THE EFFECTIVE DATE OF THIS ORDINANCE; AND .PROVIDING FOR PROPER NOTICE OF PROPOSED ENACTMENT. WHEREAS, the current Code of Ordinances of the City of Clearwater contains no minimum standards governing the construction, repair or replacement of docks, piers or wharves; and WHEREAS, the City of Clearwater, being a water oriented community with numerous docks, piers and wharf facilities, is in need of such a minimum code; and WHEREAS, an emergency exists within the City of Clearwater in that it is immediately necessary to provide such a construction code for preserving the safety of the citizens of the City of Clearwater; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 7-81, Permit, required, of Article V, Maxine Improvements, of Chapter 7, Buildings, of the Code of Ordinances of the City of Clearwater, Florida, 1962, is hereby amended to read as follows: Section 7-81. Permit, required.. No sea wall, bulkhead, 4oc4c7-pi-&x6, groin, marine improve- ment, bridge, or other similar marine structure-of any nature shall be built within' the city until the city building official shall first issue a permit therefor,' after the approval of the city engineer, upon written application and detailed plans and specifi- cations therefor having been duly submitted. Said plans and specifications shall be prepared by an engineer duly registered in the state, and said plans and specifications shall bear the seal of said engineer. The city engineer is authorized to establish minimum, specifications for all such marine improvements, bridges, or other smear marine structures, and is hereby authorized to approve or disapprove said plans and specifications in his sound discretion. ,•1.10/18/79 . i 1-0 ?,{b '7A 'aaMty!±'k1???'?q""ye;'!:tQ„krs?a.R 1P, MVSi?,•",JiNi, w?iC?':"r i' Y';±?,'W r•.X?1`:'r.,.''.',,''^nYlkrlIr•Rw1?,°!k?'"''.`? '? : r. i;.. i?i??i;iN'i:.?,r.. ..._r:a::__d,Y•• ,.? ..> .sp._...??a. __._ ,:_. ,?:. :_a,...f_ .s..=.;°??'?ir}xW?f.:.?•':a3A,`--._..!_ .? Section 2. Article V, Marine Improvements, of Chapter 7, Buildings, of the Code of Ordinances of the City of Clearwater, Florida, 1962, is hereby amended to enact the following new sections: Section 7-83. Definitions. As used in this ordinance, the following words and terms shall have the following meaning unless a different meaning is clearly intended: (a) "City" . shall mean- the City of Clearwater, Florida. (b) "Commercial dock" shall mean any dock used in connection with or owned by a hotel, motel, apartment house (three or more units), condominium, cooperative apartment, restaurant, social or fraternal club or organization, or commercial enter- prise of any type whatsoever. (c) "Residential docks" shall mean any dock which will be used by an individual owner, his family and friends and not included in (b) above. is (d) "Navigable waters", as used in this ordinance, shall mean any stream or body of water which can be put to public use whether or not it can be used for commercial navigation. (e) "Construction" as used, in this ordinance shall mean completely new work, repairs, replacements and extensions to existing structures except that it shall, not include the repair or replacement of decking, stringers, railing, lower landings or the patching or reinforcing of existing pilling on private and commercial docks for which a City permit was originally issued. (f) Where lumber sizes are referred to herein they refer to nominal sizes. (g) "Dock" as used in this article shall mean any structure, otherwise known as a pier, wharf, or loading platform, which is constructed on piling, over open water, or which is supported by flotation on the water. (h) "Tie piles" when used in this ordinance shall include dolphins or mooring piles which are placed to provide anchorage, mooring or space for a ship or boat. (i) "Property line", as used in this ordinance, shall mean those lines described in the legal description of the applicant's recorded deed. Section 7-84. Maximum, width, length and position of residential docks, piers and wharves. (a) . All residential docks to be constructed in navigable waters of the City of Clearwater shall be constructed so that the width of same shall not exceed twenty-five per cent (2576) of the width of the property involved at the waterfront and shall be further constructed 'so that the length of the dock shall not extend further from the water line of the property than one- half the width of the property at the waterfront or one-fourth the width of the waterway. Ord. #1498 10/18/74 fm 9 p.F YE .hA 1 4?M r y 9 ! :..: Ord. Y (b) All residential docks to be constructed an waterfront property of less than 60 feet frontage must be so located that no portion of the proposed dock is closer to either extended property line than one-third of the waterfront measurement. All residential docks to be constructed on waterfront property of more than'60 foot frontage must be located at least 20 feet from either adjacent extended property line, Section 7-85. Minimum specifications for residential dock construction. (a) All piling shall be of precast concrete testing 3000 pounds or better in twenty-eight (2$) days or of creosoted piles, pressure treated to twenty-two (22) pounds of a minimum tip size of six (6) inches in diameter and a minimum butt size nine (9) inches diameter; or Southern Pine piles conforming to physical quality to Specifications ASTM D25-55, which have been treated in conformance with AWPA Standard C-3 with Chromated Copper Arsenate (CCA - Type A, B or C) in accordance with AWWPA Standard P-5, and which have minimum butt and tip sizes equal to those specified for creosoted piles above. When Southern Pine piles treated with CCA - Type A, B or C are used, analysis by assay extraction in accordance with AWPA Standard A-2 may be required to show a minimum retention and distribution of solid preservative of 2. 5 p. c. f. in the zone 0" to 1.5" from the surface and 1.5 p. c. f. in the zone 1.5" to 2. 0" from the surface. Concrete piling shall be at least eight inches (811) square in cross-section. In no event shall penetration be less than 610", providing however that this penetration does not create a hardship due to rock or impenetrable material. (b) Concrete piling shall incorporate at least four (4) one-half inch (1/211) diameter steel rods running the entire length thereof and covered by at least two inches (2") of concrete. (c) Tie piling shall project above the surface of the water or land only as high as may be reasonably necessary for use and application, and all such piling shall be either twenty- two (22) pound pressure treated creosote wood or concrete, or Southern Pine Piling treated in conformance with AWPA Standard C-3 with Chromated Copper Arsenate (CCA) Type A, B or C, and as approved by the City of Clearwater Engineering Department. (d) All fastenings shall be hot-dip galvanized or better. (e) All, other timber shall be pressure treated. (f) Span spacing between pile bents shall not exceed 1210". For timber decked dock construction, the second bent shall not exceed 1210" in front of the beginning of the dock. Outside stringer systems shall be doubled 2" x $" pressure treated timber or greater. 5/8" diameter galvanized bolts or greater are to be used for attachment of stringers to caps on piling. Intermediate stringers shall be single 2" x 8" with a maximum 310" on-center spacing. Decking shall be 2" x 6110 21t x $" size, or greater, pressure treated timber. . X1998. -3- 10/18/79 . .?• ,'?? "elf..., i?h` Y? . K =t m i e,' ,'.?'-' .,•-??'`!<°????f:'?'?`?`... '?r"'•'?!..'?.?>Mxy`tint?F?yh'},°,.?,.'?k,'?i''??+??1???'"'??+il`e<?'?'. .r?",. '??r''^:c?'1',a'??'!?' +!; ?'??i?y'h i- u, a.`?+ 173,E . s, a ??'%i`'i• ..? ??? g ?4 it??,4 ?F? ?? ):??"i ? .: ? ??v?I?'?. ? .ai?? ' ?t' '`„;' 'i'V S -?- ?'??? j-? e? Y? S •G~. . A? AIM ?lil te _? ,. 3> •' ?' Y 5• t'S. ? ?.?i93 j..?• L.:iJ.?`.3?: Y.. ti ?fi'.G". '' l,??? niy'X aC • 41??'i?)yY?`?"??.k?lr?'A*?rS?i'?i ??1J.A?rt ,'`-.1 :?`t^???"g5i.'rL? ?. ? y .?*? e t' .3l - ?'h. :Na y flu ! j f,o? N, i'"?SSSttt:'?a:i:,1;,v ."' .{F','.'?•;sl lPtu,- ?'?-?r p?.,..rry° Wyt ?igi;i ?.' . Apr , v ??? x, , 'i??= . tr?,j?.?: uay.- • ?4?t',?.,?_.t ?Ji??', ?& •?° t ?1 ..t'.i : ? S'"^' •? ...?, : !¢T; t=.'.<'rsr. " win` ^'r.7?:i' ?=di7r?r.'-?'fi?.ty S?? "Y? I YY`a• , f . i (g) All floating private docks to be constructed in the City of Clearwater must have a minimum of 20 pounds per square foot floatation. (h) All floating docks to be utilized as commercial structures in the City of Clear water must have an engineer's signature and seal affixed to said plans. (i) Covered Boat Lifts (1)All roof designs must conform to the Southern Building Code applicable to the type of construction : ,*' ' r?A• ";, :i'_ being used to cover the lift. des*?? .;Ya?t?-?? (2) In no case shall administrative approval be given .,"' 4' .gyp t 4 ` for the enclosing of the sides of any boat lift.`, a Section 7-86. Minimum Specifications for Commercial Docks (a) Commercial docks shall be constructed in such a manner as to equal or better the construction requirements set out herein for residential docks. (b) All commercial dock applications, except for applications for the piling only, shall require the signature and seal of a Florida Registered Engineer to be affixed to the plans submitted for approval. Section 7-86.1 Variance Requirements (a) The Board of Adjustment and Appeal on Zoning shall have the power to grant variances from the minimum standards relating to width, length and position standards contained in this ordinance, upon formal application being made to the Board pursuant to Section 35.09 of the Clearwater Code of Ordinances and for good cause shown. (b) The Board of Adjustment and Appeal on Building shall have the power to grant variances from any of the minimum standards relating to construction material requirements contained in this ordinance, upon application being made to the Board and for good cause shown. Section 7-86.2 Permits Required (a) No person, firm or corporation shall undertake construction, as defined in this ordinance, of any commercial or residential dock on any of the navigable water in the City of Clearwater without having first obtained a permit from the Building Department. (b) Any person, firm or corporation undertaking any of the following activities on the navigable water of Clearwater, Florida, shall be required to obtain a permit'from the Building Department. Permits shall be required for: (1) The installation, placement or replacement of tie piles. (2) Any repairs to a dock or replacement of a portion thereof. (3) Placement or replacement of any pilings. (4).Re.noval of any dock. ., -4 10/18/79 :;,' ;a0rd: 01998 &1'?=rY`?r?1,'nq??a1Rm's'?v'k ?!i`yf?Y?'T'K'?"!`,?,.?. r?!?,a!?y.?".y ??e??Y• ?`w°h • „'Y;`t7'f •"? `=a; i?°'?." -7' :. ,,w.•A RYA ,.ifYM_,y?;;Y•s:vYi:,;??,., .. .:?... 'ti;;.y?.... ?.. , w'v?'z 2].".?stkiSrt?A?rs:s'?1'?r3:.s: ,t.i?.?•,.r:;S,,..?.,..:s?..:,<r::•.aPtri??f?:.,."t,k?k,?i'???`k'f L (c p The documents required to be submitted in stiY` V6rt of the application for permits issued pursuant to subsections (a) and (b) of this section, which documents may include, but shall in no way be limited to, plans and specifications, architects' drawings, surveys, construction contracts and other pertinent information which the Building Official deems necessary for proper consideration of the application. (d) Permits, for docks, issued by the Building Department shall be effective for six (6) months from date of issuance. Such permits ma; be renewable for an additional term of ninety (90) days upon the written request of the applicant at least thirty (304. days prior to the expiration date of the permit and for justifiable cause. ' Section 7-86. 3 Disrepair or Dilapidated Docks If any pier or dock, presently existing, constructed hereunder or continued in existence hereunder is permitted to fall into disrepair so as to become a dangerous structure involving risks to the safety and well being of the community or individual members thereof such structure must either be removed or repaired so as to conform with the requirements of this ordinance. Upon deter- mination by the Building Official or his designated representative that any pier or dock has become a dangerous structure, written notice thereof shall be given by registered or certified mail. Any party so informed shall have thirty (30) days from the date of the notice within which to remove or repair said structure to conform with the requirements of this ordinance. Section 7-86.4 Periodic Inspection Requirements (a) All existing commercial docks and all docks hereinafter constructed containing forty (40) or more slips shall be inspected to determine their condition and compliance with the minimum standards of this code with such inspection to be conducted at three (3) year intervals by an engineer trained in the construction of such docks and the owner of such docks shall submit a report bearing seal of such engineer to the Building Official or his designated representative demonstrating that such dock or docks whether presently existing or hereinafter constructed, comply with the minimum standards set forth in this code. (b) The- first inspection report to be submitted pursuant to this code shall be submitted no later than ninety (90) days after the ordinance becomes effective. Upon the ordinance becoming effective, the Building Official or his designated representative shall immediately notify the owner or owners of all existing docks, piers or wharves of the requirement for an inspection as imposed by this section. Subsequent inspection shall occur following the expiration of a three (3) year period. -5- 1 0/18/79 f t' 'i ;r ? ` L. y:,15 n 7-86.5 Certificate of Competency ?. All persons; firms or corporations prior to commencing construction or,repair or replacement of any dock, pier or wharf subsequent to the effective date of this ordinance shall present to the Building Official or his designated representative evidence that such person, firm or corporation holds a certificate of competency issued by the Pinellas County 'Building Advisory Board. Section 7-86.6 County Ordinance Not Applicable The area included within the corporate limits of the City of Clearwater, Florida, is deleted from the provisions of Pinellas County Ordinance No. 70-2, as amended, entitled: An ordinance setting minimum specifications for the construction of docks, piers and wharves; requiring permits for construction of docks, piers, and wharves, and the charging of fees therefor; requiring persons, firms or corporations to obtain certificates of competency for construction of all docks, piers and wharves when construction is to commence subsequent to the effective date hereof; requiring all persons, firms or corporations, upon issuance of certificate of competence, to post a FIVE THOUSAND ($5, 000. 00) DOLLAR surety bond to secure faithful performance of contracts; pro- viding penalties for violation of any of the provisions hereof; providing an effective date' and said ordinance and any amendment or substitutions thereto shall have no effect within the City of Clearwater, Florida. Section 3. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. Section 4. Any person, organization, society, association or corporation, or any agent or representative thereof, who shall violate the provisions of this ordinance shall be subject, upon conviction, to a fine not to exceed the sum of Five Hundred Dollars ($500. 00), or imprisonment for not exceeding sixty (60) days, or by both such fine and imprisonment in the discretion of the Judge. Section 5. Should any section, paragraph, sentence or word of this ordinance be declared for any reason to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part Cher eof other than the part.declared to be invalid. -6- ti z a .t, a ]C•.?' Ord. #1998 10/18/79 W E j. ";1' AO:??'w?itx4:"F`.{t'r.a'1'jr'Y .r.??Kd..?..:ti:.3:."'`^????ia :?• 'j'`S ,?- ^'S'? Section 6.. This ordinance is adopted as an emergency ordinance pursuant to Section 166.041, Florida Statutes, and the Clearwater City Charter, Section 7. It is hereby found, determined and declared that this ordinance is necessary and urgently needed for the preservation of the health, safety and welfare of the citizens and inhabitants of the City of Clearwater, in that passage of this ordinance is required in order to provide minimum standards to govern the construction, maintenance, repair and replacement of existing and newly constructed docks, piers and wharves, thereby providing for the safety of all citizens who might use such facilities; by reason of such fact an emergency is hereby declared; and that this ordinance shall be in full force and effect immediately upon its passage. This ordinance shall automatically expire ninety (90) days from the date of its passage unless the ordinance is submitted during such time for consideration as a non- . emergency ordinance. Section 8. Notice of the proposed enactment of this ordinance has been properly advertised in a newspaper of general circulation in accordance with Chapter 166, 041, Florida Statutes. PASSED ON FIRST READING October 4, 1979 Attest: City Clerk .1 PASSED ON SECOND AND FINAL READING AND ADOPTED October 18. 1979 Ma or-Commissioner 1.0/18/79 ,4'5.3•. ?.i,'. p: :?.'.j?•. •"