TA01-05-01
TA 01-05-01
Dock & N ewsrack
Amendments
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Clayton, Gina
From:
Sent:
To:
Subject:
Diana, Sue
Monday, June 18, 2001 9:46 AM
Clayton, Gina
RE: REVISED AGENDA MEMO FOR DOCKS
Gina, I was out last week. What happened with this? Thanks.
Sue Diana
-----Original Message-----
From: Clayton, Gina
Sent: Monday, June 11, 2001 8:38 AM
To: Diana, Sue
Subject: RE: REVISED AGENDA MEMO FOR DOCKS
You're going to kill me - I found a typo in a reference in the dock ordinance (well, actually Roger Larson found it). If
you didn't send out the ordinance, can I correct it. If you did send out, will you be sending them anything prior to the
meeting? If so, could I send a revised ordinance or should I wait for 1 st reading? Please let me know what you think
the best thing to do is.
-----Original Message-----
From: Diana, Sue
Sent: Thursday, June 07, 2001 4:35 PM
To: Clayton, Gina
Subject: RE: REVISED AGENDA MEMO FOR DOCKS
No problem. Thanks.
-----Original Message-----
From: Clayton, Gina
Sent: Thursday, June 07, 2001 4:33 PM
To: Diana, Sue' .- "
Subject: REVISED AGENDA MEMO FOR DOCKS
Importance: High
Hi Sue,
I realized I didn't do a final proof of the commission agenda memo. After proofing, I needed to make some
changes. Sorry for the inconvenience. Please use the attached memo for the Commission.
<< File: 1 st reading CC Cover Memo 6795-01.doc >>
Gina L. Clayton
Senior Planner
City of Clearwater
gc layton@clearwater-fl.com
(727) 562-4587
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Dougall-Sides, Leslie
From:
Sent:
To:
Subject:
Przywara, Janis
Thursday, June 07, 2001 4:05 PM
Leslie Dougall-Sides
FW: REVISED ORDINANCE
This ordinance was changed again. If you need to know what was changed, please get with Gina. Otherwise, have Gwen
print and sign another original. Thanks.
-----Original Message----
From: Clayton, Gina
Sent: Thursday, June 07, 2001 3:56 PM
To: Przywara, Janis
Subject: REVISED ORDINANCE
We are submitting this revised ordinance to the Clerk - Ord. 6795-01. This will be presented to the Commission on June
21 st - the title did not change.
Ord. 6795- 01 - 1 sl
reading. do...
Gina L. Clayton
Senior Planner
City of Clearwater
gclayton@clearwater-fl.com
(727) 562-4587
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Harriger, Sandy
From:
Sent:
To:
Subject:
Clayton, Gina
Wednesday, May 30, 2001 3:20 PM
Harriger, Sandy
Dock/Newsrack Ordinance
Could you set up a file for Ordinance No. 6795-01 which has the new dock and newsrack provisions by the end of the
week? Its the one we talked about yesterday. Thanks!
Gina L. Clayton
Senior Planner
City of Clearwater
gc layton@clearwater-fl.com
(727) 562-4587
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~Cltarwater
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Interoffice Correspondence Sheet
TO:
BILL HORNE, INTERIM CITY MANAGER
FROM:
CYNDI T ARAP ANI, ASSISTANT PLANNING DIRECTOR
RE:
DOCK REGULATIONS
DATE:
MARCH 30,2001
The City Commission is scheduled to hear public comments on the City's dock
regulations at its April 5, 2001 meeting. In anticipation of that discussion, the Planning
Department presents this memorandum to outline the current process, the proposed amendments
to the regulations and several options for the Commission to consider.
CURRENT PROCESS FOR DOCK REVIEW
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Currently, dock permits at a single family home or duplex are reviewed by the
Harbormaster for navigation issues and by the Planning Department for dimensional
requirements (setbacks, length and width). Upon approval by both, the Development Services
Department issues a permit. The applicant may then apply for a permit through the Pinellas
County Water and Navigation Authority ("the Authority).
Currently, dock permits for a commercial use or a shared dock at a hotel or condominium
are not permitted since the Community Development Code does not establish regulations for
these docks. The old zoning code in use prior to the Siemon Larsen code had provisions for
commercial docks: the code adopted by reference the Authority's rules regarding setbacks,
length and width.
PROPOSED AMENDMENTS
Residential Docks
Several new dock applications reviewed in the Fall, 2000 revealed a flaw in the current
regulations. The Community Development Code did not establish a process to review deviations
from the dimensional requirements such as a reduced setback or longer dock. In several cases,
the Authority required that a dock be longer than the City's maximum length where the specific
purpose of the longer dock was to avoid seagrass or other environmentally sensitive area.
Therefore, the Planning Department proposed an amendment to establish a process to review
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deviations from the regulations. The proposed amendment would allow a deviation to the
dimensional rules for one of these reasons:
1. to reach adequate water depth, or
2. to protect environmentally sensitive areas, or
3. to recognize an unusual property configuration.
If the two adjacent property owners have no objection to the deviation, then the deviation may be
approved through the standard simplified review by Planning staff. If both property owners do
not agree, the deviation is reviewed by the Community Development Board in a public hearing
with notice given to surrounding property owners.
Commercial and Multi-Use Docks
Since the Community Development Code did not address commercial docks, the
Planning Department also proposed adding a new section to regulate commercial docks. The
proposed dimensional requirements for the commercial docks are the same as that in the
Authority's rules and are also the same that the City had previously used. The code amendment
also proposes a deviation process the same as the residential deviation process described above.
Under the proposed amendment, when a commercial or multi-use dock is approved by
the City, the dock contractor must then apply to the Authority for approval. If the dock is greater
than 500 square feet in size (and most commercial docks are), then the Authority conducts a
public hearing to determine whether or not to approve the dock. Residential docks must also get
a permit from the Authority but their size is generally less than 500 square feet and therefore,
they can be approved administratively. It should be noted that the Board of County
Commissioners sits as the Authority to review dock permits.
OPTIONS
The Commission has several options regarding the dock regulations.
1. Adopt the proposed dock regulations as written.
Result: Residential docks will have a variance process that can be approved by Planning
staff if neighbors do not object and through a Community Development Board public
hearing if there is neighbor objection.
Commercial and multi-use docks will be permitted pursuant to the same dimensional rules
as the City previously had in the old zoning code. Commercial docks will also be eligible
for deviations through the same process as the residential docks (i.e., by Planning staff if
no neighbor objections or if objections exist, through the public hearing process).
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2. Make changes to the dock regulations.
Possible changes: If the City desires to have more strict regulations on docks than the
Water and Navigation Authority, the City could adopt additional standards regarding
navigation and environmental issues. These additional standards would be added to the
Community Development Code and each dock permit would be evaluated against these
standards. If this option is chosen, it is recommended that the review process be done by
the City's Development Review Committee and that only commercial and multi-use
docks be reviewed in this manner. Residential docks are generally smaller and have a
limited impact; the proposed amendment has a built-in mechanism for the adjacent
neighbors to object and require a full public hearing review.
This option will require that the Harbormaster playa more involved review role on dock
permits than he currently does; also, staff from the Public Works department will be
added to the review process to evaluate environmental issues. Any person dissatisfied
with the decision of the Development Review Committee may appeal the decision to the
Community Development Board for a full public hearing on the application.
Discussion: Adding another level of review at the local level will increase the permit
review time and costs for the contractor and dock owner. In addition, the review fee will be
increased due to the more extensive City staff review. In many ways, a review by the City will be
duplicative of the Water and Navigation Authority's review as navigation and environmental
issues are the standards by which they review dock permits.
I hope this information will be helpful to the Commission in their discussion. Thank you.
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SUMMARY OF PROS AND CONS OF TWO OPTIONS
COMMERCIAL DOCKS
Pros Cons
Option #l-Current Draft - Simplified & - Local public hearing
Expedited Review only if appealed to
CDB
- No review fees unless
appealed - Local issues debated
during Water &
- No additional staff Navigation Authority
added to review public hearing
process
Options #2- Revisions to - Expanded local review - Increased review time
Draft
- Increased opportunity - Increased permit fees
for public comment
- Potential for
duplicative review
- Review required by
Harbormaster and
Public Works (new or
expanded assignments)
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ORDINANCE NO. 6795-01
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE COMMUNITY DEVELOPMENT CODE;
AMENDING ARTICLE 3, DEVELOPMENT STANDARDS,
SECTION 3-601, DOCKS BY REVISING THE DOCK
PROVISIONS IN THEIR ENTIRETY; BY AMENDING 3-909 BY
REVISING THE NEWSRACK PROVISIONS IN THEIR
ENTIRETY; BY AMENDING ARTICLE 8 DEFINITIONS AND
RULES OF CONSTRUCTION, SECTION 8-102 BY ADDING
DEFINITIONS OF NEWSRACK AND MODULAR NEWSRACK;
PROVIDING AN EFFECTIVE DATE.
WHEREAS the City of Clearwater has conducted an in-depth review of the dock and
newsrack provisions and determined that the existing requirements need to be amended;
and
WHEREAS, the Clearwater Community Development Board, pursuant to its
responsibilities as the Local Planning Agency, has reviewed these amendments,
conducted a public hearing to consider all public testimony and has determined that this
amendment is consistent with the City of Clearwater's 80mprehensive Plan; and
WHEREAS, the Clearwater City Commission has fully considered the
recommendation of the Community Development Board and testimony submitted at its
public hearing; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Article 3, Development Standards, Section 3-601, Dock/Marina
Standards is hereby revised as follows:
Section 3-601. Docks.
A. Permit required. All docks 'Nhich are proposed to be constructed, added
to, or structurally altered shall obtain 3 building permit and 3 permit from
PiDellas County.
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Ordinance No. 6795 -01
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level one approval in accordance 'Nith the provisions of Article '1 Division
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C. Repair.
1. Repair or replacement of any residential dock, catwalk, or portion of a
dock or catwalk that involves 50 percent or more of the dock, catwalk or
boat lift shall required that the dock, can.valk, or boat lift conform to the
length, width and position requirements of this division.
2. If any dock, seawall, bulkhead, private bridge, or marina is permitted to
fall into disrepair so as to become a dangerous structure creating an
unreasonable risk of bodily injury to any person who may lNalk thereon,
such structure shall be either removed or repaired so as to conform with
the requirements of this division.
D. Docks, boat Ifft and serAce catwalk setbacks. Docks must be located in
the center one third of the lot or 20 feet from any extended property line,
whichever is less, unless the dock is proposed to be shared by adjoining
properties whereupon the dock may be constructed on the property line
provided that all the other standards of this divisions are met. Boat lifts
and service catwalks (three feet maximum width) shall be a minimum of
ten feet from any extended property line.
E. Length:. The length of docks and boatlifts shall not exceed 25 percent of
the width of the watel"\vay or half of the '.vidth of the property on which the
dock is to be located, \vhichever is less.
F. V1/idth. The '.vidth of a dock shall not exceed 35 percent of the 'Nidth of the
property, measured at the v.'aterfront or 50 feet, whichever is less.
G. Tie pole setbacks. A minimum of one f-oot setback from any extended
property line must be maintained. No tie pole shall be allo'Ned to project
into the navigable portion of a 'Naterway more than 25 percent of such
'Naterway.
H. Caller boat fifts.
1. Covered boat lifts are permitted provided a permanent and solid roof deck
is constructed \Nith materials such as asphalt shingles, metal, tile or wood.
Canvas and canvas like materials are prohibited.
2. Vertical sidev.'alls for boat lifts are prohibited.
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Ordinance No. 6795-01
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I. Single pi.'e davits and personal IIlatercraft .'ffts. Exempt from the setback
criteria so long as such davits and lifts are contained entirely within the
extended property lines.
J. Number of sHps. No dock shall provide more than VNO slips for the
mooring of pleasure craft, except as houseboats may otheJ"\4.'ise be
permitted consistent with Chapter 33 of the City's Code, which slips shall
be for the exclusive use of the residents of the contiguous upland
property.
K. Personal watercraft Hfts are not considered to be boats slips.
L. Existing docks and fifts.
1. Ne'N boat lifts installed in previously permitted wet slips are exempt from
setback standards so long as such lifts are entirely contained within the
extended property lines.
2. Repairs.
a. Repairs to a dock, including mooring piles, require 3 permit.
b. Repairs to a permitted boat lift shall not require a permit unless
pilings are replaced. Repaired or reconstructed boats lifts shall not
have enclosed sides.
c. Repairs to or replacement of deck boards only do not require a
permit. This exemption does not apply to any support structures
such as stringers, caps or floaters. All deck boards must meet the
minimum construction criteria of Section 166.332(7), Pinellas
County regulations.
3. The harbormaster may approve deviations to these standards contingent
upon one or more of the following:
3. Approval of the proposed deviation by the affected adjacent
property owner(s)who must sign and notarize the proposed
construction plan as having no objection.
b. An independent evaluation by the harbormaster's office that no
navigational or riparian rights conflicts \.vill occur due to the
proposed construction.
c. Property configuration and circumstances that preclude placement
of reasonable dock structures 'Nithin the above requirements.
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Ordinance No. 6795-01
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M. Publicly o'Nned facilities. Roofed structures shall be permitted on publicly owned
boardwalks, observation platforms, elevated nature trails and other such structures not
intended for use as a dock facility. Vertical walls shall not be allmNed.
A. City Approval and Pinel/as County Water and Naviqation Control Authoritv
Permit Required. No dock may be constructed, added to, or structurally altered
without first obtaininq approval by the City and a permit from the Pine lias County
Water and Naviqation Control Authority.
B. City Approval Procedures. Review and approval by the Community
Development Coordinator and/or the Community Development Board shall be
required prior to the issuance of a permit from the Pinellas County Water
Naviqation Control Authority. Such approval shall be considered a level one
(minimum standard or flexible standard approval) or a level two (flexible
development) approval in accordance with the provisions of Article 4 Divisions 3
and 4.
C. New Docks.
1. Docks, boatlifts and service catwalks that serve sinqle-familv or two-familv
dwel/inqs.
a. Setbacks. A dock shall be located in the center one-third of the lot or
twenty (20) feet from any property line as extended into the water,
whichever is less, unless the dock is proposed to be shared by
adioininq properties whereupon the dock may be constructed on the
common property line provided that all other standards of this division
are met. Boatlifts and service catwalks shall be a minimum of ten (10)
feet from any property line extended into the water. Tie poles shall be
setback a minimum of one (1) foot from any extended property line.
Sinqle pile davits and personal watercraft lifts are exempt from these
setback requirements provided they are contained entirely within the
extended property lines.
b. Lenqth. The lenqth of docks and boatlifts shall not exceed twenty-five
(25) percent of the width of the waterway or half of the width of the
property measured at the waterfront property line, whichever is less.
Tie poles may extend beyond the dock provided such poles do not
exceed twenty-five (25) percent of the width of the waterway and do
not constitute a naviqational hazard.
c. Width. The width of docks, excludinq boatlifts, shall not exceed thirty-
five (35) percent of the width of the property measured at the
waterfront property line or fifty (50) feet, whichever is less.
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Ordinance No. 6795-01
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d. Covered boatlifts. Covered boatlifts are permitted provided a
permanent and solid roof deck is constructed with material such as
asphalt shinQles, metal, tile or wood. Canvas and canvas like roof
materials are prohibited. Vertical sidewalls are prohibited on any
boatlift or dock.
e. Number of slips. No dock shall provide more than two (2) slips for the
moorinQ of boats, except as houseboats may otherwise be permitted
consistent with Chapter 33 of the City's Code of Ordinances. Slips
shall be for the exclusive use of the residents of the contiQuous upland
property. Personal watercraft lifts are not considered to be boat slips.
f. Width of Catwalks. Service catwalks shall not exceed three (3) feet in
width.
g. Deviations. The Community Development Coordinator may Qrant
deviations from the requirements of this section as a Level One
(minimum standard) approval provided that siQned and notarized
statements of no obiection are submitted from adiacent waterfront
property owners, as well as siQned and notarized statements on the
Pinellas County Water and NaviQation Control Authority permit
application. In the event that such statements cannot be obtained,
applications for deviations may be approved by the Community
Development Coordinator throuqh a Level One (flexible standard)
approval process based on one of the followinQ:
I. The proposed dock will result in no naviQational conflicts and
the lenQth of the proposed dock will not exceed twenty-five (25)
percent of the width of the waterway; or
ii. The proposed dock location needs to be adiusted to protect
environmentally sensitive areas; or
iii. The property confiQuration precludes the placement of a dock in
compliance with the required dimensional standards; however,
the proposed dock will be similar in dimensional characteristics
as surroundinQ dock patterns.
2. Multi-Use Docks. A multi-use dock, which is any dock owned in common or
used by the residents of a multi-family development, condominium,
cooperative apartment, mobile home park or attached zero lot line
development shall be permitted as a Level One (minimum standard) use
provided such dock is less than 500 square feet in deck area and complies
with the dimensional standards set forth in Section 3-601 (C)(3)(h)
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Ordinance No. 6795-01
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3. Commercial Docks. A commercial dock is any dock, pier, or wharf, includinq
boatlifts, that is used in connection with a hotel, motel or restaurant where the
slips are not rented, leased or sold; or such facilities used in connection with
a social or fraternal club or orqanization and used only by its membership; or
such facilities constructed and maintained by the City of Clearwater, Pinellas
County or by any state or federal aqency. Commercial docks shall only be
permitted as a Level Two (flexible development) use, which requires approval
by the Community Development Board (COB). Any multi-use dock with a
deck area exceedinq 500 square feet shall be treated as a commercial dock.
All commercial docks shall be reviewed for compliance with the followinq
criteria.
a. Use and Compatibility.
i. The proposed dock shall be subordinate to and contribute to the
comfort, convenience or necessities of the users or the occupants of the
principal use of the property.
ii. The proposed dock shall be in harmony with the scale and character of
adjacent properties and the neiqhborhood in qeneral.
iii. The proposed dock shall be compatible with dock patterns in the qeneral
vicinity.
b. Impacts on Existinq Water Recreation Activities. The use of the proposed
dock shall not adversely impact the health, safety or well beinq of persons
currently usinq the adjacent waterways for recreational and/or commercial
uses. Furthermore, it shall not hinder or discouraqe the existinq uses of the
adjacent waterway by uses includinq but not limited to non-motorized boats
and motorized boats.
c. Impacts on Naviqation. The existence and use of the proposed dock shall
not have a detrimental effect on the use of adjacent waters for naviqation,
transportation, recreational or other public conveniences.
d. Impacts on Marine Environment.
i. Docks shall be sited to ensure that boat access routes avoid injury to
marine qrassbeds or other aquatic resources in the surroundinq areas.
II. Docks shall not have an adverse impact upon natural marine habitats,
qrass flats suitable as nursery feedinq qrounds for marine life, or
established marine soil suitable for producinq plant qrowth of a type
useful as nursery or feedinq qrounds for marine life; manatee
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Ordinance No. 6795-01
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sanctuaries; natural reefs and any such artificial reef which has
developed an associated flora and fauna which have been determined
to be approachinQ a typical natural assemblaQe structure in both density
and diversity; oyster beds; clam beds; known sea turtle nestinQ site;
commercial or sport fisheries or shell fisheries areas; and habitats
desirable as iuvenile fish habitat.
e. Impacts on Water Quality.
I. All turninQ basin, access channels, boat moorinQ areas and any other
area associated with a dock shall have adequate circulation and existinQ
water depths to ensure that a minimum of a one foot clearance is
provided between the lowest member of a vessel (e.Q. skeQs, rudder.
prop) and the bottom of the waterbody at mean or ordinary low water
(-0.95 NGVD datum).
ii. The dock shall not effectively cause erosion, extraordinary storm
drainaQe, shoalinQ of channels, or adversely affect the water quality
presently existinQ in the area or limit proQress that is beinQ made toward
improvement of water quality in the area in which the dock is proposed
to be located.
f. Impacts on Natural Resources.
i. The dock shall not have a material adverse impact upon the
conservation of wildlife, marine life, and other natural resources,
includinQ beaches and shores, so as to be contrary to the public interest.
ii. The dock shall not have an adverse impact on veQetated areas;
veQetative, terrestrial, or aquatic habitats critical to the support of listed
species providinQ one or more of the requirements to sustain their
existence, such as ranqe, nestinq or feedinQ Qrounds; habitats which
display bioloQical or physical attributes which would serve to make them
rare within the confines of the City; desiQnated preservation areas such
as those identified in the comprehensive land use plan, national wildlife
refuQes, Florida outstandinQ waters or other desiQnated preservation
areas, and bird sanctuaries,
g. Impacts on Wetlands Habitat/Uplands. The dock shall not have a material
adverse affect upon the uplands surroundinQ.
h. Dimensional Standards.
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Ordinance No. 6795-01
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i. Setbacks. All commercial and multi-use docks shall be located so that
no portion of such dock is closer to any property line as extended into
the water than ten (10) percent of the applicant's property width
measured at the waterfront property line. Multi-use private and
commercial docks abuttinQ adiacent waterfront sinQle-family or two-
family property must be setback a minimum of one-third (1/3) of the
applicant's waterfront property width from the adjacent waterfront sinQle-
family or two-family property.
ii. Length. The lenQth of commercial and multi-use docks shall not extend
from the mean hiQh water line or seawall of the applicant's property
more than seventy-five (75) percent of the width of the applicant's
property measured at the waterfront property line. Tie poles may extend
beyond the dock provided such poles do not extend twenty-five (25)
percent of the width of the waterway and do not constitute a naviqational
hazard.
iii. Width. The width of commercial and multi-use dockinq facilities shall not
exceed seventy-five (75) percent of the width of the applicant's property
measured at the waterfront property line.
iv. Covered boatlifts. Covered boatlifts are permitted provided a permanent
and solid roof deck is constructed with material such as asphalt
shinqles, metal. tile or wood. Canvas and canvas like roof materials are
prohibited. Vertical sidewalls are prohibited on any boatlift or dock.
v. Deviations. Deviations from the requirements of this section may be
considered and approved by the Community Development Board in
order to comply with the review criteria established in Sections 3-
601 (C)(3)(a) - (q).
I. Publiclv owned facilities. Roof structures shall be permitted on publicly owned
boardwalks. observation platforms, elevated nature trails and other such
structures not intended for use as a dock facility, however, vertical walls shall
be prohibited.
D. Existing docks and lifts and repairs.
1. Existing docks and lifts. New boat lifts installed in previously permitted wet
slips are exempt from setback standards so 10nQ as such lifts are entirely
contained within the property lines as extended into the water.
2. Repairs.
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Ordinance No. 6795-01
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a. Any repair made to an existina approved dock that does not extend,
enlarae or substantially chanae the location of any portion of the dock
does not require review and approval by the Community Development
Coordinator however. a permit may be required by the Pinellas
County Water and Naviaation Control Authority. If, however. such
repair enlaraes, extends. or substantially chanaes the location of any
portion of the dock, such repair shall require the review and approval
by the Community Development Coordinator prior to the issuance of a
permit by the Pine lias County Water and Naviaation Control Authority.
The review of a substantial repair shall be considered a new dock
pursuant to the standards described in this section.
b. If any dock. seawall. bulkhead, private bridae. or marina falls into a
state of disrepair and becomes a danaerous structure creatina an
unreasonable risk of bodily iniury to any person who may walk
thereon, such structure shall be either removed or repaired so as to
conform to the requirement of this division.
Section 2. Article 3. Development Standards, Section 3-909 Newsracks, is
hereby amended by revising newsracks as follows:
A. General .Dro'l/sions. All ne'Nsracks shall comply with the fOllo'Ning general
provisions.
1. No ne'l/srack shall obstruct the flow of pedestrian or vehicular traffic.
2. No newsrack shall be located in a manner that impairs a motor vehicle
operator's vie)): of motor vehicles, bicycles. or pedestrians upon entering
or exiting a right of 'Nay.
3. No newsrack shall be located in a visibility triangle
-1. No newsrack shall reduce the 'Nidth of a sidewalk or travel route below
11r'\1'l. . t
, .u, . reqUlremen s.
5. No ne'Nsrack shall be used for advertising purposes other than advertising
for the publication being distributed or sold.
6. No news rack shall be chained, bolted, or attached in any other manner to
a utility pole, traffic sign or other fixture.
7. Ne'Nsracks shall be maintained in a neat and clean condition and in geOO
repair at all times.
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Ordinance No. 6795-01
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8. The telephone number of a working telephone service shall be affixed to
each ne'Nsrack in a readily visible place so that reports of malfunctioning
ne'Nsrack can be made and violations of these provisions can be reported.
9. The location of any ne'llsrack shall not block the view of any historic
building or scenic vista or major City entry'Nay.
B. /\ddltfona! requi,rements for newstacks located on pubHc rights of v/ay.
1. No portion of any ne'JIJsrack shall be installed or maintained upon or over
any part of a roadway or bicycle path.
2. Nev/sracks may be located upon a side'N3lk in excess of five (5) feet in
'Nidth, at the edge of the sidew31k 3nd on either side of the side\A/alk but
not directly opposing 3nother newsrack, and fronting to'.\'ards the center of
the side'JJalk. However, a newsrack shall not be installed or maintained
within five (5) feet of a curb or the edge of roadway pavement.
3. If the sidelNalk 3djoins a landscaped area of the public right of way of 3
sufficient size to fully 3nd la'JJfully accommodate a ne'Nsrack, and if the
sidewalk is five feet or less in width, the Community Development
Coordinator may approve the location of a newsrack provided such
newsrack be place upon a wire reinforced concrete pad, four inches thick
or greater, of sufficient size to support the based of the newsrack, or other
reasonable alternative measures approved by the City
Engineer. The front of any ne'Nsrack located in landsc3ped 3reas of the
public right of way shall face towards the sidewalk.
"1. Ne'Nsracks may be anchored to any concrete pad located in the public
rig ht of way.
5. Newsracks sh311 not exceed fifty five (55) inches in height.
6. Single newsracks may be located every 100 feet.
7. Combination of multi stand free 3nd pay newsracks may be located side
by side provided the total length of such racks does not exceed six (6)
feet. A distance of 300 feet shall sep3rate such combin3tion of racks.
B. Additional Provisions for C, T, and D Districts. In the Commercial, Tourist and
DO'.\'ntown Districts, the allowable length of combination news racks may be
extended through the flexible standard development revie't.' process provided the
ne...:sracks meet the following criteria;
1. The newsracks are integrated into a pedestrian area;
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Ordinance No. 6795-01
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2. The location of the ne'Nsracks provides convenient pedestrian access;
3. The newsracks are visually screened;
-1. The newsracks do not obstruct the flow of pedestrian or 'Jehicul3r traffic; and
5. The ne'Jlsracks are compatible with surrounding activities.
A. General Requirements for Newsracks and Modular Newsracks
1. Newsracks and modular newsracks may be located either on private property or
within the public riQht-of-way.
2. Newsracks and modular newsracks shall be maintained in an upriQht. neat and
clean condition and in Qood repair at all times.
3. No newsrack or modular newsrack shall obstruct the flow of pedestrian or
vehicular traffic.
4. No newsrack or modular newsrack shall be installed or maintained upon or over
any part of a roadway or bicycle path or be located in a manner that impairs a
motor vehicle operator's view of motor vehicles. bicycles, or pedestrians upon
enterinQ or exitinQ a riQht-of-way.
5. No newsrack or modular newsrack shall reduce the width of a sidewalk to less
than four (4) feet.
6. No newsrack or modular news rack shall be used for advertisinQ purposes other
than advertisinQ for the publication beinQ distributed or sold. LetterinQ shall not
exceed one and one half (1 %) inches in heiQht and shall be located only on the
front and back of the newsrack or the front and back of each compartment in a
modular newsrack.
7. No newsrack or modular newsrack shall be chained, bolted or attached in any
other manner to a utility pole, traffic siqn or other similar fixture, excludinq pads
desiqned to support newsracks, located in the public riqht-of-way.
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Ordinance No. 6795-01
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8. The telephone number of a workinQ telephone service of a representative of the
publication shall be affixed to each newsrack or modular newsrack in a readily
visible place so that reports of malfunctioninQ newsracks/modular newsracks can
be made and violations of these provisions can be reported.
8. Location of Newsracks and Modular Newsracks.
1. No newsrack or modular newsrack shall be located in a visibility trianQle or within
five (5) feet of a curb of the edQe of roadway pavement.
2. The location of any newsrack or modular newsrack shall not block the view of
any historic buildinQ or scenic vista or major City entryway.
3. The front of any newsrack located in landscaped areas of the public riQht-of-way
or on a public sidewalk shall face toward the sidewalk and/or away from the
street.
C. HeiQht, DesiQn, and Separation Requirements for Newsrack and Modular
Newsracks.
1. Newsracks shall not exceed fifty (50) inches in heiQht and modular newsracks
shall not exceed fifty-five (55) inches in heiQht.
2. A 100 foot radius separation shall be maintained between all types of news racks,
except that two metal newsracks may be located side by side. Those newsracks
located on public property shall be of the same color, however on private
property this restriction shall not apply. A sinQle newsrack that is located within a
drive-throuQh lane shall not be required to meet the 100 feet radius separation
provided that the newsrack is accessible only by patrons of the drive-throuqh
lane while remaininQ in the vehicle.
3. If three or more publications are Qrouped tOQether in a sinQle location, such
publications shall be located in a metal modular newsrack.
4. Modular newsracks may be used in combination provided that such racks
located at the same location are of the same material. Those newsracks located
on public property shall be of the same color, however on private property this
restriction shall not apply,
5. No sinQle modular newsrack or qroupinQ of modular newsracks shall exceed
eiqht (8) feet in lenqth.
6. Newsracks and modular newsracks are limited to a depth of a sinQle unit. The
back of a news rack shall not be located aQainst the back of another news rack.
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Ordinance No. 6795-01
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7. Newsracks and modular newsracks shall be of uniform material and where
located on public property shall be finished with muted, earthtone and uniform
color.
D. Construction Requirements. All types of newsracks must be appropriately anchored
or secured from potential hazards, in accordance with current enQineerinQ
standards, and may be anchored to any concrete pad located in the public riQht-of-
way provided all other provisions are met.
E. Additional Requirements for Newsrack and Modular Newsracks in the Tourist and
Downtown Districts and Scenic Corridors. All types of news racks located in the
Tourist and Downtown Districts shall be subiect to the applicable adopted desiQn
Quidelines QoverninQ Clearwater Beach and Downtown. The Community
Development Coordinator may extend the allowable lenQth and heiQht of modular
newsracks (in the Tourist and Downtown Districts only), provided the newsracks
are compatible in terms of location, heiQht and lenQth with the surroundinQ
environment.
Section 3. Article 8, Definition and Rules of Construction, Section 8-102 is
hereby amended by adding the following definitions:
Newsrack means a self-service or coin-operated box, container, storaQe unit or
other dispenser installed, used or maintained for the display, sale or distribution of one
newspaper, periodical, advertisinQ circular or other publication.
Newsrack, modular means a news rack desiQned as an inteQrated unit with two
or more compartments to display, sell or distribute two or more newspapers,
periodicals, advertisinQ circulars and other publications.
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
June 21,2001
PASSED ON SECOND AND FINAL
READING AND ADOPTED AS AMENDED
Approved as to form:
l C ~O
' oS<' . ) y
\ ' ',' I~ .f ~... ./
. ,. ~L ~. (J( . ......?l !.;-~t.t! .' ,,-<Yr J~
Leslie K. Dougall-SiaJes
'~.1
Assistant City Attorney
Attest:
~rh-
C hla E. Goudeau
City Clerk
Co.
-
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Ordinance No. 6795-01
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MOTION TO AMEND ORDINANCE NO. 6795-010N SECOND READING
1. On page 5, Section 3-601 (C)(1 )(g) is amended as follows:
g. Deviations. The Community Development Coordinator may grant
deviations from the requirements of this sections as a Level One
(minimum standard) approval provided that signed and notarized
statements of no objection are submitted from adjacent waterfront
property owners, as well as signed and notarized statements on the
Pinellas County Water and Navigation Control Authority permit
application. In the event that such statements cannot be obtained,
applications for deviations may be approved by the Community
Development Coordinator through a Level (flexible standard)
approval process based on one of the following:
2. On page 5, Section 3-601 (C)(2) is amended as follows:
2. Multi-Use Docks. A multi-use dock, which is any dock owned in
common or used by the residents of a multi-family development.
condominium, cooperative apartment. mobile home park or
attached zero lot line development shall be permitted as a Level
One (minimum standard) use provided such dock is less than 500
square feet in deck area and comelies with the dimensional
standards set forth in Section 3-601 (C)(I')(h).
3. On page 8, Section 3-601 (C)(3)(h)(v) is amended as follows:
v. Deviations. Deviations from the requirements of this section may
be considered and approved by the Community Development
Board in order to comply with the review criteria established in
Sections 3-601(C)(3)(a) - (q).
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ORDINANCE NO. 6795-01
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE COMMUNITY DEVELOPMENT CODE;
AMENDING ARTICLE 3, DEVELOPMENT STANDARDS,
SECTION 3-601, DOCKS BY REVISING THE DOCK
PROVISIONS IN THEIR ENTIRETY; BY AMENDING 3-909 BY
REVISING THE NEWSRACK PROVISIONS IN THEIR
ENTIRETY; BY AMENDING ARTICLE 8 DEFINITIONS AND
RULES OF CONSTRUCTION, SECTION 8-102 BY ADDING
DEFINITIONS OF NEWSRACK AND MODULAR NEWSRACK;
PROVIDING AN EFFECTIVE DATE.
WHEREAS the City of Clearwater has conducted an in-depth review of the dock and
newsrack provisions and determined that the existing requirements need to be amended;
and
WHEREAS, the Clearwater Community Development Board, pursuant to its
responsibilities as the Local Planning Agency, has reviewed these amendments,
conducted a public hearing to consider all public testimony and has determined that this
amendment is consistent with the City of Clearwater's Comprehensive Plan; and
WHEREAS, the Clearwater City Commission has fully considered the
recommendation of the Community Development Board and testimony submitted at its
public hearing; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Article 3, Development Standards, Section 3-601, Dock/Marina
Standards is hereby revised as follows:
Section 3-601. Docks.
/\.. Permit roquirod. All dockE: which :Jre propoE:ed to be oonE:tructed, :Jdded
to, or structur:Jlly altored E:h:J1I obt:Jin :J building permit :Jnd :J permit from
Pinelbc County.
B. ProQoduros. J\n applio:Jtion for :J building permit for the oonstruction,
addition or structur:J1 :Jlter:Jtion of :J dock E:h:J1I be referred to the City's
H:Jrborm:JE:ter to determine the impaot of the dock on n:Jvigation. If the
H:Jrbormm:ter determines th:Jt the conE:truction, addition or structur:J1
:Jlter:Jtion will not :JdverE:ely :Jffoct n:Jvig:Jtion, the applic:Jtion shall be
referred to tho community development ooordin:1tor to be conE:idered aE: :1
Ordinance No. 6795 -01
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le'.'el one 3pproV31 in 3ccord3nce 'Nith the provi!::iom~ of /\rticle <1 Divicion
~
C. Rop:lj.r'.
1. Rep3ir or repl3cement of 3ny residenti31 dock, c3tw3lk, or portion of 3
dock or c3t\A,'3Ik th3t involves 50 peroent or more of the dook, c3M'31k or
b03t lift sh311 required th3t the dock, c3tw3lk, or b03t lift conform to the
length, 'Nidth 3nd position requirements of this division.
2. If 3ny dock, se3w311, bulkhe3d, priv3to bridge, or m3rin3 is permitted to
bll into disrep3ir so 3C to become 3 d3ngerous struoture oreating 3n
unre3!::on3ble risk of bodily injur/ to 3ny pen~on who m3Y w31k thoreon,
such structure sh311 be oithor romovod or rop3irod so 3S to oonform ':/ith
the requirements of this divicion.
D. Dosks, bO:lt fift :lAd so:y,;OO o:lhA/{]fk sotb:l€Jks. Dooks must be looated in
the center one third of the lot or 20 foet from 3ny extended property lino,
whiohever is less, unless the dook is proposod to bo sh3red by 3djoining
properties whoreupon the dock m3Y be oom:truotod on the property line
provided th3t 311 the othor !::t3nd3rdc of thi!:: division!:: 3re mot. B03t Iiftc
3nd sorvioe o3t\A,'3Iks (three foet m3ximum width) shall be 3 minimum of
ten foot from 3ny oxtondod property Iino.
E. Longth:. The longth of dooks 3nd b03tlifts sh311 not exoeed 25 poroent of
tho width of tho w3torw3Y or h31f of the width of tho property on v.'hioh the
dook is to be I003tod, whichever is 10CE:.
F. I/'Iicith. Tho width of 3 dock sh311 not oxooed 35 percont of the width of tho
property, me3!::ured 3t tho 'lJ3terfront or 50 feet, 'Nhichovor i!:: loss.
G. ne polo so tb:l oks. ^ minimum of one foot E:etb3ok from 3ny extendod
property line must be m3inbined. No tie pole E:hall be 3110'IJed to project
into the n3vig3ble portion of 3 W3tOI\\'3Y moro than 25 percent of such
w3tel\v3Y.
H. Co'/{)r DO:lt fitts.
1. Covered boat lifts 3re permitted pro'.'ided 3 permanent 3nd solid roof deok
is cOn!~tructed with m3teri31s E:uoh 3S 3sph31t shingles, metal, tile or wood.
C3n'/3s and 03nV3S liko m3terblc 3re prohibited.
2. Vertic31 sido'l.'3I1s for b03t lifts are prohibited.
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Ordinance No. 6795-01
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I. Sing!o pUo (kwits ::lnd porson::l! ~'/{ltorc:-::lft .(ifts. Exompt from tho E:Otb3Ck
critoria E:O long aE: E:uoh d3vitc 3nd liftc 3re oont3inod ontirely '1.'ithin tho
extendod proporty lincE:.
J. NlJmbo:- of slips. No dock sh311 provido more th3n t\'.'o clips for tho
mooring of pleasure or3ft, except 3S housebo3ts m3Y othorv.'ise be
pormitted oonsistent with Ch3ptor 33 of the City's Code, whioh slipc ch311
be for tho exclucive uso of tho residentt::: of the oontiguous upl3nd
proporty.
K. Por€on::l! W{1ro."'o:-:Jft .lifts 3re not considored to be b03ts clipc.
be' ~. ,.J f ,.J f"#
. ~x:st.'ng uOGJ.{S :Jnu.: s.
1. New b03t lifts inst3110d in previously permittod wet slips 3re oxempt from
setb3ck st3nd3rds so long 3C such lifts 3re entirely cont3inod ':.'ithin the
extonded property linos.
2. Rep3irs.
3. Rep3irc to 3 dook, including mooring pilos, requiro a pormit.
b. Rop3irc to 3 pormittod b03t lift ch311 not require 3 pormit unlocc
pilings 3re repl3cod. Rop3ired or reoonstruotod b03ts lifts sh311 not
h3\'e onolosed sides.
c. Ropairs to or repl3oemont of dook b03rdc only do not roquiro a
permit. Thic oxomption doos not apply to any support struoturoc
such 3C stringerc, oaps or f103tom. All deck boards muct moot tho
minimum oonstruotion oritoria of Sootion 166.dd2(7), Pinoll3c
County regul3tionc.
3. The h3rborm3stor m3Y 3ppro'lO dovbtionc to thoso ct3nd3rds oontingont
upon one or more of tho follmving:
3. /\pprov31 of the proposod dovbtion by tho 3ffectod 3dj3cont
proporty o':mer(s)who must sign 3nd not3rizo tho proposod
oonstruction pl3n 3C having no objootion.
b. An indopendont o'J3lu3tion by the h3rborm3cter'c offico th3t no
n3'.'ig3tion31 or rip3ri3n rights confliots "'.'i11 ocour duo to tho
proposed oonstruction.
c. Property configur3tion 3nd circumst3nc8s th3t prooludo pl3oomont
of re3con3ble dook ctruotures within tho 3bo\'o requirementc.
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Ordinance No. 6795-01
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M. Publicly mrmod bcilitiol;. Roofed ctructurm: ch::lll bo pormittod on publioly ownod
boardw::llkc, obcorvation pl::ltformc, olo'l::ltod n::lturo tr::lil€ ::lnd othor €uch €tructuroc not
intondod for U€O ::lC a dock boility. Vortic::l1 \"I::l1I1; ch::lll not bo ::lllowod.
A. City Approval and Pinel/as County Water and Naviqation Control Authoritv
Permit Required. No dock may be constructed. added to. or structurally altered
without first obtaininq approval bv the City and a permit from the Pinellas County
Water and Naviqation Control Authority.
B. City Approval Procedures. Review and approval bv the Community
Development Coordinator and/or the Community Development Board shall be
required prior to the issuance of a permit from the Pinellas County Water
NaviQation Control Authoritv. Such approval shall be considered a level one
(minimum standard or flexible standard approval) or a level two (flexible
development) approval in accordance with the provisions of Article 4 Divisions 3
and 4.
C. New Docks.
1. Docks. boatlifts and service catwalks that serve sinq/e-familv or two-familv
dwe/linqs.
a. Setbacks. A dock shall be located in the center one-third of the lot or
twenty (20) feet from any property line as extended into the water.
whichever is less. unless the dock is proposed to be shared bv
adioining properties whereupon the dock may be constructed on the
common property line provided that all other standards of this division
are met. Boatlifts and service catwalks shall be a minimum of ten (10)
feet from any property line extended into the water. Tie poles shall be
setback a minimum of one (1) foot from any extended property line.
Sinqle pile davits and personal watercraft lifts are exempt from these
setback requirements provided they are contained entirelv within the
extended property lines.
b. Lenqth. The lenqth of docks and boatlifts shall not exceed twenty-five
(25) percent of the width of the waterway or half of the width of the
property measured at the waterfront property line. whichever is less.
Tie poles may extend beyond the dock provided such poles do not
exceed twenty-five (25) percent of the width of the waterway and do
not constitute a naviqational hazard.
c. Width. The width of docks. excludinq boatlifts. shall not exceed thirtv-
five (35) percent of the width of the property measured at the
waterfront property line or fifty (50) feet. whichever is less.
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Ordinance No. 6795-01
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d. Covered boatlifts. Covered boatlifts are permitted provided a
permanent and solid roof deck is constructed with material such as
asphalt shinqles. metal. tile or wood. Canvas and canvas like roof
materials are prohibited. Vertical sidewalls are prohibited on any
boatlift or dock.
e. Number of slips. No dock shall provide more than two (2) slips for the
moorinq of boats. except as houseboats may otherwise be permitted
consistent with Chapter 33 of the City's Code of Ordinances. Slips
shall be for the exclusive use of the residents of the contiquous upland
property. Personal watercraft lifts are not considered to be boat slips.
f. Width of Catwalks. Service catwalks shall not exceed three (3) feet in
width.
g. Deviations. The Community Development Coordinator may qrant
deviations from the requirements of this section as a Level One
(minimum standard) approval provided that signed and notarized
statements of no obiection are submitted from adiacent waterfront
property owners. as well as signed and notarized statements on the
Pinellas County Water and Naviqation Control Authority permit
application. In the event that such statements cannot be obtained.
applications for deviations may be approved by the Community
Development Coordinator throuqh a Level Two (flexible standard)
approval process based on one of the followinq:
I. The proposed dock will result in no naviqational conflicts and
the lenqth of the proposed dock will not exceed twenty-five (25)
percent of the width of the waterway: or
II. The proposed dock location needs to be adiusted to protect
environmentally sensitive areas: or
iii. The property confiquration precludes the placement of a dock in
compliance with the required dimensional standards: however.
the proposed dock will be similar in dimensional characteristics
as surrounding dock patterns.
2. Multi-Use Docks. A multi-use dock, which is any dock owned in common or
used by the residents of a multi-family development. condominium.
cooperative apartment. mobile home park or attached zero lot line
development shall be permitted as a Level One (minimum standard) use
provided such dock is less than 500 square feet in deck area and complies
with the dimensional standards set forth in Section 3-601 (C)(4)(h)
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Ordinance No. 6795-01
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3. Commercial Docks. A commercial dock is any dock, pier. or wharf. includinq
boatlifts. that is used in connection with a hotel. motel or restaurant where the
slips are not rented. leased or sold; or such facilities used in connection with
a social or fraternal club or orqanization and used only by its membership; or
such facilities constructed and maintained by the City of Clearwater. Pinellas
County or by any state or federal aqency. Commercial docks shall only be
permitted as a Level Two (flexible development) use. which requires approval
by the Community Development Board (CDB). Any multi-use dock with a
deck area exceeding 500 square feet shall be treated as a commercial dock.
All commercial docks shall be reviewed for compliance with the following
criteria.
a. Use and Compatibility.
I. The proposed dock shall be subordinate to and contribute to the
comfort. convenience or necessities of the users or the occupants of the
principal use of the property.
II. The proposed dock shall be in harmony with the scale and character of
adiacent properties and the neiqhborhood in qeneral.
III. The proposed dock shall be compatible with dock patterns in the qeneral
vicinity.
b. Impacts on Existinq Water Recreation Activities. The use of the proposed
dock shall not adversely impact the health. safety or well being of persons
currently using the adiacent waterways for recreational and/or commercial
uses. Furthermore. it shall not hinder or discouraqe the existinq uses of the
adiacent waterway by uses including but not limited to non-motorized boats
and motorized boats.
c. Impacts on Navigation. The existence and use of the proposed dock shall
not have a detrimental effect on the use of adiacent waters for naviqation.
transportation. recreational or other public conveniences.
d. Impacts on Marine Environment.
i. Docks shall be sited to ensure that boat access routes avoid iniury to
marine grassbeds or other aquatic resources in the surrounding areas.
II. Docks shall not have an adverse impact upon natural marine habitats.
grass flats suitable as nursery feeding qrounds for marine life. or
established marine soil suitable for producinq plant qrowth of a type
useful as nursery or feedinq qrounds for marine life: manatee
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Ordinance No. 6795-01
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sanctuaries; natural reefs and any such artificial reef which has
developed an associated flora and fauna which have been determined
to be approaching a tvpical natural assemblaae structure in both density
and diversity; oyster beds; clam beds; known sea turtle nestina site;
commercial or sport fisheries or shell fisheries areas; and habitats
desirable as iuvenile fish habitat.
e. Impacts on Water Qualitv.
I. All turnina basin. access channels. boat moorina areas and any other
area associated with a dock shall have adeauate circulation and existina
water depths to ensure that a minimum of a one foot clearance is
provided between the lowest member of a vessel (e.a. skegs. rudder.
prop) and the bottom of the waterbodv at mean or ordinary low water
(-0.95 NGVD datum).
II. The dock shall not effectivelv cause erosion. extraordinary storm
drainaae. shoalina of channels. or adversely affect the water auality
presentlv existing in the area or limit proaress that is beina made toward
improvement of water aualitv in the area in which the dock is proposed
to be located.
f. Impacts on Natural Resources.
i. The dock shall not have a material adverse impact upon the
conservation of wildlife. marine life, and other natural resources,
including beaches and shores. so as to be contrary to the public interest.
ii. The dock shall not have an adverse impact on veaetated areas;
veaetative. terrestrial. or aauatic habitats critical to the support of listed
species providino one or more of the reauirements to sustain their
existence. such as ranae, nestina or feedina arounds: habitats which
display bioloaical or phvsical attributes which would serve to make them
rare within the confines of the City: desianated preservation areas such
as those identified in the comprehensive land use plan. national wildlife
refuges. Florida outstandino waters or other designated preservation
areas. and bird sanctuaries.
g. Impacts on Wetlands Habitat/Uplands. The dock shall not have a material
adverse affect upon the uplands surroundina.
h. Dimensional Standards.
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Ordinance No. 6795-01
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i. Setbacks. All commercial and multi-use docks shall be located so that
no portion of such dock is closer to any property line as extended into
the water than ten (10) percent of the applicant's property width
measured at the waterfront property line. Multi-use private and
commercial docks abuttinq adiacent waterfront single-familY or two-
family property must be setback a minimum of one-third (1/3) of the
applicant's waterfront property width from the adiacent waterfront sinqle-
family or two-family property.
II. Length. The length of commercial and multi-use docks shall not extend
from the mean high water line or seawall of the applicant's property
more than seventy-five (75) percent of the width of the applicant's
property measured at the waterfront property line. Tie poles may extend
beyond the dock provided such poles do not extend twenty-five (25)
percent of the width of the waterway and do not constitute a naviqational
hazard.
III. Width. The width of commercial and multi-use docking facilities shall not
exceed seventy-five (75) percent of the width of the applicant's property
measured at the waterfront property line.
IV. Covered boatlifts. Covered boatlifts are permitted provided a permanent
and solid roof deck is constructed with material such as asphalt
shingles. metal. tile or wood. Canvas and canvas like roof materials are
prohibited. Vertical sidewalls are prohibited on any boatlift or dock.
v. Deviations. Deviations from the requirements of this section may be
considered and approved by the Community Development Board in
order to comply with the review criteria established in Sections 3-
601 (C)(4)(a) - (q).
I. Publiclv owned facilities. Roof structures shall be permitted on publicly owned
boardwalks. observation platforms. elevated nature trails and other such
structures not intended for use as a dock facility. however. vertical walls shall
be prohibited.
D. Existinq docks and lifts and repairs.
1. Existing docks and lifts. New boat lifts installed in previously permitted wet
slips are exempt from setback standards so lonq as such lifts are entirely
contained within the property lines as extended into the water.
2. Reoairs.
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Ordinance No. 6795-01
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a. Any repair made to an existing approved dock that does not extend,
enlarqe or substantiallv chanqe the location of any portion of the dock
does not require review and approval bv the Community Development
Coordinator however, a permit may be required bv the Pinellas
County Water and Naviqation Control Authoritv. If. however. such
repair enlarqes. extends. or substantiallv chanqes the location of any
portion of the dock. such repair shall require the review and approval
by the Community Development Coordinator prior to the issuance of a
permit bv the Pinellas County Water and Naviqation Control Authoritv.
The review of a substantial repair shall be considered a new dock
pursuant to the standards described in this section.
b. If any dock. seawall. bulkhead. private bridge. or marina falls into a
state of disrepair and becomes a danqerous structure creatinq an
unreasonable risk of bodilv iniury to any person who may walk
thereon. such structure shall be either removed or repaired so as to
conform to the requirement of this division.
Section 2. Article 3, Development Standards, Section 3-909 Newsracks, is
hereby amended by revising newsracks as follows:
^- GonorD.' Provisions. /\11 newsr:Jcks ch:J1I comply with the following gener:J1
provisions.
1. No newsr:Jck sh:J1I obstruct the flow of pedestri:Jn or vehicul:Jr tr:Jffic.
2. No newcr:Jck sh:J1I be loc:Jted in :J m:Jnner th:Jt imp:Jir$ :J motor vehicle
opcr:Jtor'c view of motor '.'ehiclec, bicyclec, or pedestri:Jnc upon entering
or exiting :J right of w:JY.
3. No newcrack chall be located in a 'Jisibility tri:Jngle
'1. No newsrack ch:J1I roduce the width of :J cidewalk or tr:Jvel route below
ADA requiroments.
6. No ne'Ncrack shall be used for :Jdverticing purposes other than :Jdverticing
for the publication being dictributed or sold.
6. No ne'l.'sr:Jck shall be chained, bolted, or att:Jched in any other m:Jnncr to
:J utility pole, tr:Jffic sign or other fixture.
7. Newsr:Jcks shall be m:Jintained in a ne:Jt :Jnd clean oondition and in good
ropair at :JII times.
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Ordinance No. 6795-01
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8. Tho tolophono numbor of 3 working tolophono E:orvico E:h311 bo 3ffixod to
each no'::er3ck in 3 ro3dily vieiblo pl3CO eo th3t roporte of m31functioning
nowE:r3ck C3n bo m3do 3nd viobtionE: of thoso provisionE: C3n be roportod.
O. Tho loc3tion of 3ny ncwsr3ck sh311 not block tho view of 3ny hictoric
building or econic ViSt3 or m3jor City ontry:'3Y.
B. l'.ddition:J! ..-oqui..-ofT1onts far nm',<sr:Jc!,s 10c:Jt-od on publio rights of ~VQY.
1. No portion of 3ny nmver3ck sh311 bo inct3110d or m3int3inod upon or ovor
3ny p3rt of 3 ro3dw3Y or bicyclo p3th.
2. NO'NCr3Ckc m3Y bo loc3tod upon 3 cidow31k in oxcosc of flvo (6) foot in
width, 3t tho odgo of tho Gido'JJ31k 3nd on oithor sido of tho sidov:3lk but
not diroctly opposing 3nothor nowsr3ck, 3nd fronting tm'.'3rds tho contor of
tho sido'N3Ik. Howovor, a nov:sr3ck E:hall not bo inst3110d or m3int3inod
within flvo (6) foot of 3 curb or tho odgo of ro3dw3Y p3'.'omont.
3. If tho E:ido'N3Ik 3djoine 3 bndcC3pod 3ro3 of tho public right of '/:3Y of 3
cufficiont sizo to fully and bvlfully 3ccommod3to 3 nm....cr3ck, 3nd if the
sido'.\I3lk is fivo foot or lOSE: in width, tho Community Dovolopmont
Coordinator m3Y 3ppro'JO tho loc3tion of a nowsr3ck providod cuch
newE:r3ck bo pl3CO upon 3 v:iro roinforcod concroto p3d, four inchoe thick
or gro3tor, of cufficiont sizo to cupport tho b3E:od of tho nO'Nsr3ck, or other
r03son3blo 31tern3tivo me3suroE: 3pprovod by tho City
Enginoor. Tho front of 3ny nower3ck locatod in bndsc3pod 3ro3S of the
public right of W3Y sh311 fuco tow3rde tho eido'l.'alk.
1. Nowsr3cks m3Y bo 3nchorod to 3ny concroto p3d loc3tod in tho public
right of W3Y.
6. NO\'Jsracks sh311 not oxcood fi#y fivo (56) inchos in hoight.
6. Singlo newsr3cks m3Y bo locatod ovory 100 foot.
7. Combin3tion of multi et3nd froo and P3Y nO'A'sr3cks m3Y bo IOC3tod eide
by eido providod tho tot31 longth of such r3cks dooe not oxcood eix (6)
foot. A diGt3nco of 300 foot sh311 sop3r3to Guch combin3tion of r3cks.
!L l'.ddWon:J! PfO'lisions fa..- C, T, :Jnd D DIstriots. In tho Commorcial, Tourist and
Dovmtovo'n District€: , tho 3110w3blo longth of combin3tion nowcr3ck€: m3Y bo
oxtondod through tho f1exiblo Gt3nd3rd dovolopmont roviov: proCOSG providod tho
nowsr3cks moot tho follov:ing critorb;
1. Tho nO'J'lsr3cks 3ro intogr3tod into 3 podoGtrian 3ro3;
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Ordinance No. 6795-01
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2. Tho loo3tion of tho nO':lsr3cks providos convoniont podostri3n 3CCOSS;
3. Tho nO'Nsr3ckc 3ra vicu311y scraonod;
4. Tho no'::sr3cks do not obstruct tho f1mv of podostrbn or '.'ohicuI3r tr3ffic; 3nd
~ Tho nowsr3cks ara comp3tiblo 'Nith surrounding 3cti'/itios.
A. General Reauirements for Newsracks and Modular Newsracks
1. Newsracks and modular news racks mav be located either on private property or
within the public rioht-of-way.
2. Newsracks and modular newsracks shall be maintained in an upriqht. neat and
clean condition and in good repair at all times.
3. No newsrack or modular newsrack shall obstruct the flow of pedestrian or
vehicular traffic.
4. No newsrack or modular newsrack shall be installed or maintained upon or over
any part of a roadway or bicycle path or be located in amanner that impairs a
motor vehicle operator's view of motor vehicles. bicycles. or pedestrians upon
enterino or exitino a right-of-way.
5. No newsrack or modular newsrack shall reduce the width of a sidewalk to less
than four (4) feet.
6. No newsrack or modular newsrack shall be used for advertisinq purposes other
than advertising for the publication beino distributed or sold. Lettering shall not
exceed one and one half (1 %) inches in heioht and shall be located only on the
front and back of the newsrack or the front and back of each compartment in a
modular newsrack.
7. No newsrack or modular newsrack shall be chained. bolted or attached in any
other manner to a utility pole. traffic sign or other similar fixture. excluding pads
designed to support newsracks. located in the public rioht-of-way.
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Ordinance No. 6795-01
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8. The telephone number of a workina telephone service of a representative of the
publication shall be affixed to each news rack or modular newsrack in a readilv
visible place so that reports of malfunctionina newsracks/modular news racks can
be made and violations of these provisions can be reported.
B. Location of Newsracks and Modular Newsracks.
1. No newsrack or modular newsrack shall be located in a visibilitv trianale or within
five (5) feet of a curb of the edae of roadway pavement.
2. The location of any news rack or modular newsrack shall not block the view of
any historic building or scenic vista or maior City entrvwav.
3. The front of any newsrack located in landscaped areas of the public right-of-way
or on a public sidewalk shall face toward the sidewalk and/or away from the
street.
C. Height. Desian. and Separation Reauirements for Newsrack and Modular
Newsracks.
1. Newsracks shall not exceed fifty (50) inches in heiaht and modular news racks
shall not exceed fifty-five (55) inches in heiaht.
2. A 100 foot radius separation shall be maintained between all types of newsracks,
except that two metal news racks may be located side bv side. Those newsracks
located on public property shall be of the same color. however on private
property this restriction shall not apply. A single newsrack that is located within a
drive-throuqh lane shall not be reauired to meet the 100 feet radius separation
provided that the newsrack is accessible onlv bv patrons of the drive-throuqh
lane while remainina in the vehicle.
3. If three or more publications are arouped toaether in a sinale location. such
publications shall be located in a metal modular newsrack.
4. Modular newsracks may be used in combination provided that such racks
located at the same location are of the same material. Those newsracks located
on public property shall be of the same color. however on private property this
restriction shall not apply.
5. No sinale modular newsrack or aroupina of modular newsracks shall exceed
eight (8) feet in length.
6. Newsracks and modular newsracks are limited to a depth of a sinale unit. The
back of a newsrack shall not be located against the back of another news rack.
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Ordinance No. 6795-01
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7. Newsracks and modular news racks shall be of uniform material and where
located on public property shall be finished with muted, earthtone and uniform
color.
D. Construction Reauirements. All types of newsracks must be appropriately anchored
or secured from potential hazards, in accordance with current enqineerinq
standards. and may be anchored to any concrete pad located in the public riqht-of-
way provided all other provisions are met.
E. Additional Reauirements for Newsrack and Modular Newsracks in the Tourist and
Downtown Districts and Scenic Corridors. All types of newsracks located in the
Tourist and Downtown Districts shall be subiect to the applicable adopted desiqn
guidelines qoverninq Clearwater Beach and Downtown. The Community
Development Coordinator may extend the allowable lenqth and heiqht of modular
news racks (in the Tourist and Downtown Districts onlv). provided the news racks
are compatible in terms of location. heiqht and lenqth with the surroundinq
environment.
Section 3. Article 8, Definition and Rules of Construction, Section 8-102 is
hereby amended by adding the following definitions:
Newsrack means a self-service or coin-operated box. container. storaqe unit or
other dispenser installed. used or maintained for the display. sale or distribution of one
newspaper, periodical. advertising circular or other publication.
Newsrack. modular means a newsrack desiqned as an inteqrated unit with two
or more compartments to displav. sell or distribute two or more newspapers,
periodicals. advertisinq circulars and other publications.
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
June 21, 2001
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
~~~~
Leslie K. Dougall- i s
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
13
Ordinance No. 6795-01
fJLD
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Clearwater City Commission
Agenda Cover Memorandum
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w orksession Item #
Final Agenda Item #
Meeting Date
6-21-01
SUBJECTIRECOMMENDATION:
Amendments to the Community Development Code
MOTION: APPROVE text amendments to the Community Development Code and PASS Ordinance
No. 6795-01 on first reading.
] and that the appropriate officials be authorized to execute same.
SUMMARY:
The Community Development Board reviewed and recommended approval of Ordinance No. 6680-01, which
included amendments to the dock and newsrack requirements, in February 2001.
In March 2001, the City Commission requested further review of proposed revisions to the dock and newsrack
regulations that were included in Ordinance No. 6680-01. The Commission directed staff to gain additional
input on the dock requirements. The Commission also wanted additional time to consider reducing the
separation requirement for modular newsracks from 300 feet back to the original separation requirement of
100 feet.
Since March, staff has met with representatives of Sand Key, the Marine Advisory Board, the Environmental
Advisory Board, dock contractors and the newspaper industry.
Staff made the following changes to the dock and newsracks regulations based on input received. A summary
of those amendments made since March are as follows:
· Required commercial docks to be approved by the Community Development Board (CDB) (the
Harbormaster and the Environmental Manager of the Public Works Administration will assist in dock
review through participation in Development Review Committee review prior to CDB hearing); added
use, environmental and navigational criteria for commercial docks; permitted multi-use docks as a Level
One (minimum standard) approval provided the deck area is less than 500 feet; required multi-use docks
Reviewed
by:
Legal
Budget
Purchasing N/A
Risk Mgmt. N/A
IS N/A
ACM N/A
Other N/A
SUbmitleBfu ~
City Manager
o Printed on recycled paper
Originating Department:
Costs:
Commission Action:
o Approved
Total 0 Approved with
Conditions
o Denied
Current Fiscal Year 0 Continued to:
Planning and D~~ent
Gina L. Clayton }~
US.'Dopa....nl,~
Funding Source:
o Capital Improvement:
o Operating:
o Other:
Attachments:
Planning Dept. Staff Report
Ordinance No. 6795-'01
Advertised:
Date:
Paper:
o Not Required
Affected Parties
o Notified
o Not Required
Appropriation Code
o None
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exceeding 500 square feet in deck area to be treated as commercial docks; permitted deviations to docks
serving single family and two family dwellings to be approved by the Community Development
Coordinator as a Level One (minimum standard) approval if adjacent property owners sign statements of
no objection. In the event adjacent property owner signatures are not obtained, the Community
Development Coordinator, after review by the Development Review Committee, may approve deviations
through a Level Two (flexible standard) approval process provided one of three criteria are met; and
. Exempted single newsracks located within drive-through lanes from compliance with the 100 feet radius
separation requirement.
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CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
TEXT AMENDMENT
REQUEST:
Amendments to the Community Development Code -
Ordinance No. 6795-01
INITIATED BY:
Planning Department
BACKGROUND INFORMATION:
At the March 22, 2001 meeting, the City Commission requested the proposed dock and
newsrack provisions to be removed from Ordinance No. 6680-01 and incorporated into a
new ordinance. The Commission directed staff to continue to work on the dock
provisions and obtain additional input from citizens and other relevant City Boards.
With regard to the newsrack provisions, the Commission wanted additional time to
determine if the existing 300 feet separation requirement is too restrictive and whether it
should be reduced back to the original requirement of 100 feet.
Staff met with representatives of the Sand Key Civic Association regarding proposed
commercial dock regulations. Staff also attended the Marine Advisory Board meetings
on April 4th and May 8th to discuss the review process for commercial and multi-use
docks. The Marine Advisory Board recommended approval of the proposed dock
regulations at its June 6th meeting. Staff also attended the Environmental Advisory Board
on April 18th and was scheduled to discuss the proposed ordinance at the May 16th
meeting. There was no quorum at that meeting; however, staff contacted each Board
member for their comments. Staff also met with dock contractors and representatives
from the newspaper industry.
ANAL YSIS:
Proposed Ordinance No. 6795-01 includes amendments to the eXIstmg dock and
newsrack provisions. Below please find a description of the proposed amendments.
1. Docks (Pages 1 - 9 of the proposed ordinance.)
Staff is proposing to amend the dock regulations found in Code Section 3-601.
While several of the revisions are substantive, many are primarily organizational in
nature. Specifically, the proposed regulations are reorganized into four sections. The
first section specifies that city approval is required for any dock prior to issuance of a
dock permit by the Pinellas County Water and Navigation Control Authority. The
second section details the city approval procedures. The third section specifies
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06-21-01 Commission Meeting
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requirements for new docks and is organized into provisions regulating docks serving
single family and two family dwellings, docks serving multi-family development and
provisions for commercial docks. The last section governs repairs made to existing
docks.
Staff is proposing to make changes in the administrative review procedures.
Currently, a Clearwater building permit is required; however, historically the
Clearwater Building Department has not performed an actual dock inspection for any
dock permit issued. Pinellas County Water and Navigation Authority issues dock
permits and inspects dock construction throughout the incorporated and
unincorporated areas of Pinellas County. Staff is proposing to eliminate the
requirement for a Clearwater building permit since the City of Clearwater does not
inspect the work being permitted.
Staff is also proposing to remove the Harbormaster from the review process for docks
associated with single family and two family dwellings. Staff, including the
Harbormaster, believes the review is duplicative because Pinellas County Water and
Navigation Control Authority has final authority on navigational issues. Absent a
navigational review, the Community Development Coordinator will be responsible
for determining that docks serving single family and two family dwellings meet the
dimensional requirements of the ordinance. Once the City determines a proposed
dock complies with city requirements, the application may proceed to the Pinellas
County Water Navigation and Control Authority for a permit.
Currently, the City's dock regulations only permit deviations from City Code
requirements for existing docks. Staff is adding a mechanism for property owners to
obtain deviations from requirements for new docks serving single family and two
family dwellings by having a process whereby if neighbors agree to proposed
deviations, the Community Development Coordinator may approve the deviations. If
neighbors cannot agree, the Community Development Coordinator, after review and
recommendation by the Development Review Committee, may approve deviations
based on specific criteria related to navigational, environmental or property
configuration circumstances as a Level One (flexible standard) approval. There are
legitimate reasons that warrant deviations to the dimensional requirements and in
instances, are actually required by the Pinellas County Water and Navigation
Authority.
At present, the City's dock regulations make no provisions for commercial and multi-
use docks. Staff is proposing to incorporate regulations for multi-use and commercial
docks based on the dimensional standards that used to be in effect in the City's
previous land development code. With regard to review procedures, staff is
proposing that the Community Development Coordinator be given the authority to
approve multi-use docks as a Level One (minimum standard) application unless the
dock exceeds 500 square feet in deck area. In the event a multi-use dock exceeds this
size limitation, it would be treated as a commercial dock. Commercial docks are
proposed to require approval by the Community Development Board, which IS a
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Level Two (flexible development) application. The dimensional standards are the
same as found in the City's previous code, however, use and compatibility,
navigational and environmental criteria have been added and are required to be met in
order to receive city approval. The Harbormaster and staff from the City's
Environmental Division of the Public Works Administration will participate in the
review of commercial docks as members of the City's Development Review
Committee, which makes recommendations to the Community Development Board.
The provisions for commercial docks also allow the Board to approve deviations to
the dimensional. standards in order to comply with use, environmental and/or
navigational criteria.
2. Newsracks (Pages 9 - 13 of the proposed ordinance.)
Staff is proposing to amend the news rack provisions m Code Section 3-909 by
reorganizing the entire section into five subsections and revising some of the
requirements. Staff is proposing to reduce the separation requirement between
modular newsracks from 300' to 100'. The proposed amendments would further
permit two newsracks to locate side by side provided the racks are metal and are of
the same color on public property. If more than two newsracks locate side by side, a
metal modular newsrack will be required. A single newsrack located within a drive-
through lane is exempted, however, from the separation requirement. Staff is also
proposing to require all newsracks in the Tourist and Downtown Districts to comply
with any design guidelines governing Clearwater Beach and Downtown. The
Community Development Coordinator is also granted authority to approve deviations
to the length and height of modular newsracks in these districts. Lastly, staff is
proposing to amend Code Section 8-102 by including definitions of newsracks and
modular newsracks.
CRITERIA FOR TEXT AMENDMENTS:
Code Section 4-601 specifies the procedures and criteria for reviewing text amendments.
Any code amendment must comply with the following.
1. The proposed amendment is consistent with and furthers the goals,
policies, objectives of the Comprehensive Plan.
Below please find a selected list of goals, objectives and policies from the Clearwater
Comprehensive Plan that are furthered by the proposed amendments to the Community
Development Code:
· Goal 4 - The City of Clearwater shall ensure that all development and
redevelopment initiatives meet the safety, environmental, and aesthetic needs of
the City through consistent implementation of the Community Development
Code.
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The proposed newsrack provisions will result in more attractive newsracks placed in a
safe manner. By implementing enhanced design and locational standards, the
aesthetic needs of the City will be met.
· Objective 22.3 - "To City shall continue to maintain and enhance the City's
wildlife and natural native vegetation resources.
The proposed dock provisions permit deviations based on environmental concerns.
This will allow flexibility in locating docks in order to better protect wildlife and
natural vegetation found in the Intracoastal Waterway.
· Policy 22.3.4 - "Prohibit development which will needlessly disturb or destroy
native vegetation. This shall be achieved through the site plan review process and
environmental management site inspections.
The proposed dock provisions permit deviations to requirements to protect
environmentally sensitive areas. Commercial docks have to comply with
environmental criteria that require development not to disturb native vegetation. This
will further the City's ability to locate docks in a manner to protect natural resources.
2. The proposed amendments further the purposes of the Community
Development Code and other City ordinances and actions designed to
implement the Plan.
The proposed text amendments revise development standards found in Article 3 of the
Community Development Code for docks and newsracks. The proposed amendments are
consistent with the following purposes of the Code.
. Section 1-103(A) - It is the purpose of this Development Code to implement the
Comprehensive Plan of the city; to promote the health, safety, general welfare and
quality of life in the city; to guide the orderly growth and development of the city; to
establish rules of procedures for land development approvals; to enhance the
character of the city and the preservation of neighborhoods; and to enhance the
quality of life of all residents and property owners of the city;
. Section l-103(C) - It is the further purpose of this Development Code to promote
economic development, neighborhood revitalization, and regional cooperation to
sustain efforts through which development will protect regionally significant water
and other environmental resources;
. Section 1-1 03(E)(2) - Protect the character and the social and economic stability of all
parts of the city through the establishment of reasonable standards which encourage
the orderly and beneficial development of land within the city; and
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· Section 1-103(E)(7) - Protect and improve the quality of water resources and
wetlands in both interior and coastal areas and preserve floodplains, drainageways,
and other natural areas having beneficial hydrological characteristics and functions.
SUMMARY AND RECOMMENDATION:
The proposed amendments to the dock and newsrack regulations are consistent with the
Comprehensive Plan and the Community Development Code. The amendments provide
residents with more comprehensive and less cumbersome dock regulations that eliminate
duplicative governmental review and reasonable separation requirements and aesthetic
control of newsracks.
The Planning Department Staff recommends APPROVAL of Ordinance No. 6795-01
that revises the Community Development Code.
Prepared by: Gina L. Clayton
ATTACHMENT:
Proposed Ordinance No. 6795-01
1 st Reading
06-21-01 Commission Meeting
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ORDINANCE NO. 6795-01
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE COMMUNITY DEVELOPMENT CODE;
AMENDING ARTICLE 3, DEVELOPMENT STANDARDS,
SECTION 3-601, DOCKS BY REVISING THE DOCK
PROVISIONS IN THEIR ENTIRETY; BY AMENDING 3-909 BY
REVISING THE NEWSRACK PROVISIONS IN THEIR
ENTIRETY; BY AMENDING ARTICLE 8 DEFINITIONS AND
RULES OF CONSTRUCTION, SECTION 8-102 BY ADDING
DEFINITIONS OF NEWSRACK AND MODULAR NEWSRACK;
PROVIDING AN EFFECTIVE DATE.
WHEREAS the City of Clearwater has conducted an in-depth review of the dock and
newsrack provisions and determined that the existing requirements need to be amended;
and
WHEREAS, the Clearwater Community Development Board, pursuant to its
responsibilities as the Local Planning Agency, has reviewed these amendments,
conducted a public hearing to consider all public testimony and has determined that this
amendment is consistent with the City of Clearwater's Comprehensive Plan; and
WHEREAS, the Clearwater City Commission has fully considered the
recommendation of the Community Development Board and testimony submitted at its
public hearing; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Article 3, Development Standards, Section 3-601, Dock/Marina
Standards is hereby revised as follows:
Section 3-601. Docks.
,f\.. Pe:mft required. All docks which :::lre proposod to bo conetruotod, :::lddod
to, or structur:::llly :::lltered sh:::lll obt:::lin :::l building pormit :::lnd :::l pormit from
Pinolbe County.
B. Procodures. /\n :::lpplic:::ltion for :::l building pormit f{)r tho conetruction,
:::lddition or structur:::ll :::lltor:::ltion of :::l dock eh:::lll bo reforred to tho City'e
H:::lrborm:::lstor to dotormino tho imp:::lct of tho dock on n:::lvig:::ltion. If tho
H:::lrborm:::lstor dotorminoe th:::lt the construction, :::lddition or structur:::ll
:::llter:::ltion v:ill not :::ldvereely :::lffect n:::lvig:::ltion, the :::lpplio:::ltion sh:::lll be
referred to the community development coordin:::ltor to be ooneidered :::lS :::l
Ordinance No. 6795 -01
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level one :::lpprov:::l1 in :::lccord:::lnco '.\lith the provisions of Article '1 Divicion
~
C. Rop:1i....
1. Rep:::lir or repbcemont of :::lny residentbl dock, c:::lr.v:::l/k, or portion of :::l
dock or c:::l1\\':::llk th:::lt invol'Jos 50 percent or more of the dock, c:::ltw:::llk or
bO:::lt lift ch:::lll required th:::lt the dock, c:::ltw:::l/k, or bO:::lt lift conform to the
length, width :::lnd position requiremonts of thic division.
2. If :::lny dock, se:::lw:::lII, bulkhc:::ld, priv:::lte bridge, or m:::lrin:::l is permitted to
bll into disrep:::lir 50 :::lS to become :::l d:::lngerous ctructure cre:::lting :::In
unre:::lson:::lble risk of bodily injury to :::lny porson who m:::lY '..::::llk thereon,
such ctructure ch:::lll be eithor removed or rep:::lired 50 :::lS to conform with
the requirementc of thic divicion.
D. Docks, bO:1t .'iff :1nd sori/co c:1twaik sotb:1cks. Docks must be loo:::lted in
tho oontor one third of the lot or 20 foet from :::lny extonded property lino,
whichever ic losc, unlosc the dock ic proposod to bo sh:::lred by :::ldjoining
properties whereupon the dock m:::lY be conctruotod on the property line
providod th:::lt :::lll tho other ct:::lnd:::lrds of this divisions :::lre met. BO:::lt lifts
:::lnd service c:::ltw:::llks (three feet m:::lximum width) ch:::lll be :::l minimum of
ton f-oet from :::lny extended property line.
E. Longth:.. Tho longth of docks :::lnd bO:::ltlifts sh:::lll not exceod 25 percent of
the width of the w:::lterw:::lY or h:::llf of the 'Nidth of the proporty on v:hioh the
dock is to bo loc:::lted, ,..:hichever ic loss.
F. V'lidth. The width of:::l dock sh:::lll not exceed 35 percent of tho width of the
property, me:::lsured :::It tho '''':::lterfront or 50 foet, whiohever ic lesc.
G. 71e poio sotb:1oks. p, minimum of one foot cetb:::lck from :::lny extended
property line must be m:::lint:::lined. No tie pole sh:::lll be :::lllo'Ned to project
into the n:Jvig:Jblo portion of :::l 'N:JterN:JY more th:Jn 25 percent of cuch
'....:::ltorv..:::ly.
H. Co\(or bO:1t .'ifts.
1. Covered bO:::lt Iiftc :::lre permitted providod :::l perm:::lnont :::lnd colid roof dock
ic conctructed v.'ith m:::lterblc cuch :::lS :::lcph:::llt shingles, mot:::ll, tile or wood.
C:::lnv:::lc :::lnd C:::lnV:::lS like m:::lterb/s :::lre prohibited.
2. Vertic:::l/ cidew:::llIs for bO:::lt lifts :::lre prohibited.
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Ordinance No. 6795-01
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!. Sfng!a pi/a d:Jvits :Jnd porson:Jf ':.'{Jtorcr;]ft !ffts. Exempt from tho cetb:::lck
criteri:::l E:O long :::lS such d:::lvits :::lnd lifts :::lre cont:::lined entirely within tho
extended property linee.
J. Numbar of sfips. No dock E:h:::lll provide more th:::ln two elipe for the
mooring of ple:::lsure cr:::lft, except :::le housebo:::lte m:::lY otherwiE:e be
permitted consietent 'Nith Ch:::lpter 33 of the CitY'E: Code, which slipe eh:::lll
be for the exclueive uce of the reeidente of tho contiguous upl:::1nd
property.
K. Porson;]! w{1torcr:Jft lifts :::lre not coneidered to be bO:::lte slips.
L. ExIsting docks ;]nd Iffts.
1. New boat Iifte inet:::lllod in pre'Jiouely permittod wet slipe :::lre oxompt from
sotb:::lck st:::lnd:::lrdE: co long :::lS cuch lifts :::lre entiroly cont:::linod within the
extended property linee.
2. RepairE:.
a. Rep:::lire to :::l dock, including mooring piloe, require :::l pormit.
b. Rep:::lire to :::l permitted bO:::lt lift sh:::lll not require :::l pormit unless
pilingE: :::lre repl:::1ced. Rep:::lired or reconetructed bO:::lts lifts sh:::lll not
h:::lve encloeed sides.
c. Rep:::lire to or repl:::lcement of deck bO:::lrdE: only do not require :::l
pormit. Thic oxemption doee not :::lpply to :::lny support structures
euch :::le etringere, c:::lpe or f.lo:::ltore. 1\11 dock bO:::lrde mud moot the
minimum construction critorb of Section 166.332(7), Pinell:::1e
County regul:::1tionE:.
3. Tho h:::lrborm:::letor m:::lY :::lPProvo doviatione to thoco ct:::lnd:::lrde oontingont
upon one or more of the following:
:::l. Appro'.':::ll of tho proposed dovbtion by the :::lffocted :::ldj:::lcont
proporty owner(e)who muct eign :::lnd not:::lrizo tho propoeed
construction pl:::ln :::le h:::l'ling no objection.
b. An independent eV:::llu:::ltion by the h:::lrborm:::lE:tor's office th:::lt no
n:::lvig:::ltion:::ll or rip:lrbn rights conflicts '.viII occur due to the
propoE:ed construction.
c. Property configur:::ltion :::lnd circumst:::lnces th:::lt preclude pl:::lcement
of rO:::lson:::lble dock E:tructures '....ithin the :::lbovc requirements.
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M. Publioly owned bcilities. Roof-od etructuree eh:::lll be permittod on publioly owned
bO:::lrdw:::llk~, observ:::ltion pl:::ltformc, elev:::ltod n:::lture tr:::lil~ :::lnd other such structures not
intondod for uso :::lS :::l dock bcility. Vertic:::l1 w:::llle sh:::lll not bo :::lllo'Ncd.
A. City Approval and Pinel/as County Water and Naviqation Control Authority
Permit Required. No dock may be constructed. added to. or structurallv altered
without first obtaininq approval bv the City and a permit from the Pinellas County
Water and Naviqation Control Authoritv.
B. City Approval Procedures. Review and approval bv the Community
Development Coordinator and/or the Community Development Board shall be
required prior to the issuance of a permit from the Pinellas County Water
Navigation Control Authority. Such approval shall be considered a level one
(minimum standard or flexible standard approval) or a level two (flexible
development) approval in accordance with the provisions of Article 4 Divisions 3
and 4.
C. New Docks.
1. Docks. boatlifts and service catwalks that serve single-family or two-family
dwellinqs.
a. Setbacks. A dock shall be located in the center one-third of the lot or
twenty (20) feet from any property line as extended into the water,
whichever is less. unless the dock is proposed to be shared bv
adioininq properties whereupon the dock may be constructed on the
common property line provided that all other standards of this division
are met. Boatlifts and service catwalks shall be a minimum of ten (10)
feet from any property line extended into the water. Tie poles shall be
setback a minimum of one (1) foot from any extended property line.
Single pile davits and personal watercraft lifts are exempt from these
setback requirements provided they are contained entirelv within the
extended property lines.
b. Length. The length of docks and boatlifts shall not exceed twenty-five
(25) percent of the width of the waterway or half of the width of the
property measured at the waterfront property line. whichever is less.
Tie poles may extend beyond the dock provided such poles do not
exceed twenty-five (25) percent of the width of the waterway and do
not constitute a naviqational hazard.
c. Width. The width of docks. excluding boatlifts. shall not exceed thirtv-
five (35) percent of the width of the property measured at the
waterfront property line or fifty (50) feet. whichever is less.
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Ordinance No. 6795-01
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d. Covered boatlifts. Covered boatlifts are permitted provided a
permanent and solid roof deck is constructed with material such as
asphalt shinqles. metal. tile or wood. Canvas and canvas like roof
materials are prohibited. Vertical sidewalls are prohibited on any
boatlift or dock.
e. Number of slips. No dock shall provide more than two (2) slips for the
moorinq of boats, except as houseboats may otherwise be permitted
consistent with Chapter 33 of the City's Code of Ordinances. Slips
shall be for the exclusive use of the residents of the contiquous upland
property. Personal watercraft lifts are not considered to be boat slips.
f. Width of Catwalks. Service catwalks shall not exceed three (3) feet in
width.
g. Deviations. The Community Development Coordinator may qrant
deviations from the requirements of this section as a Level One
(minimum standard) approval provided that sioned and notarized
statements of no obiection are submitted from adiacent waterfront
property owners. as well as siqned and notarized statements on the
Pine lias County Water and Navioation Control Authority permit
application. In the event that such statements cannot be obtained.
applications for deviations may be approved by the Community
Development Coordinator throuqh a Level Two (flexible standard)
approval process based on one of the followinq:
I. The proposed dock will result in no naviqational conflicts and
the lenqth of the proposed dock will not exceed twenty-five (25)
percent of the width of the waterway; or
II. The proposed dock location needs to be adiusted to protect
environmentallv sensitive areas; or
III. The property configuration precludes the placement of a dock in
compliance with the required dimensional standards: however,
the proposed dock will be similar in dimensional characteristics
as surroundinq dock patterns.
2. Multi-Use Docks. A multi-use dock, which is any dock owned in common or
used by the residents of a multi-family development. condominium,
cooperative apartment. mobile home park or. attached zero lot line
development shall be permitted as a Level One (minimum standard) use
provided such dock is less than 500 square feet in deck area and complies
with the dimensional standards set forth in Section 3-60~ (C)(4)(h)
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3. Commercial Docks. A commercial dock is any dock. pier. or wharf. including
boatlifts. that is used in connection with a hotel. motel or restaurant where the
slips are not rented. leased or sold; or such facilities used in connection with
a social or fraternal club or organization and used onlv bv its membership; or
such facilities constructed and maintained by the City of Clearwater. Pinellas
County or bv any state or federal aqency. Commercial docks shall only be
permitted as a Level Two (flexible development) use. which requires approval
by the Community Development Board (CDB). Any multi-use dock with a
deck area exceeding 500 square feet shall be treated as a commercial dock.
All commercial docks shall be reviewed for compliance with the followinq
criteria.
a. Use and Compatibility.
I. The proposed dock shall be subordinate to and contribute to the
comfort. convenience or necessities of the users or the occupants of the
principal use of the property.
ii. The proposed dock shall be in harmony with the scale and character of
adiacent properties and the neiqhborhood in qeneral.
III. The proposed dock shall be compatible with dock patterns in the qeneral
vicinity.
b. Impacts on Existing Water Recreation Activities. The use of the proposed
dock shall not adversely impact the health. safety or well beinq of persons
currentlv using the adiacent waterways for recreational and/or commercial
uses. Furthermore. it shall not hinder or discouraqe the existinq uses of the
adiacent waterway bv uses including but not limited to non-motorized boats
and motorized boats.
c. Impacts on Naviqation. The existence and use of the proposed dock shall
not have a detrimental effect on the use of adiacent waters for naviqation.
transportation. recreational or other public conveniences.
d. Impacts on Marine Environment.
i. Docks shall be sited to ensure that boat access routes avoid iniury to
marine grassbeds or other aquatic resources in the surroundinq areas.
II. Docks shall not have an adverse impact upon natural marine habitats.
grass flats suitable as nursery feedinq qrounds for marine life. or
established marine soil suitable for producing plant qrowth of a type
useful as nursery or feedinq grounds for marine life; manatee
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Ordinance No. 6795-01
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sanctuaries; natural reefs and any such artificial reef which has
developed an associated flora and fauna which have been determined
to be approachinq a tvpical natural assemblaqe structure in both density
and diversity; oyster beds; clam beds; known sea turtle nestinq site;
commercial or sport fisheries or shell fisheries areas; and habitats
desirable as iuvenile fish habitat.
e. Impacts on Water Qualitv.
I. All turning basin. access channels. boat mooring areas and any other
area associated with a dock shall have adequate circulation and existing
water depths to ensure that a minimum of a one foot clearance is
provided between the lowest member of a vessel (e.q. skegs. rudder.
prop) and the bottom of the waterbodv at mean or ordinary low water
(-0.95 NGVD datum).
II. The dock shall not effectivelv cause erosion. extraordinary storm
drainaqe. shoaling of channels. or adverselv affect the water quality
presentlv existinq in the area or limit proqress that is beinq made toward
improvement of water qualitv in the area in which the dock is proposed
to be located.
f. Impacts on Natural Resources.
I. The dock shall not have a material adverse impact upon the
conservation of wildlife. marine life. and other natural" resources.
including beaches and shores. so as to be contrary to the public interest.
II. The dock shall not have an adverse impact on veqetated areas;
veqetative. terrestrial. or aquatic habitats critical to the support of listed
species providinq one or more of the requirements to sustain their
existence. such as range. nestinq or feedinq qrounds; habitats which
display biological or phvsical attributes which would serve to make them
rare within the confines of the City; desiqnated preservation areas such
as those identified in the comprehensive land use plan. national wildlife
refuqes. Florida outstandinq waters or other desiqnated preservation
areas. and bird sanctuaries.
g. Impacts on Wetlands Habitat/Uplands. The dock shall not have a material
adverse affect upon the uplands surroundinq.
h. Dimensional Standards.
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I. Setbacks. All commercial and multi-use docks shall be located so that
no portion of such dock is closer to any property line as extended into
the water than ten (10) percent of the applicant's property width
measured at the waterfront property line. Multi-use private and
commercial docks abuttinq adiacent waterfront sinqle-family or two-
family property must be setback a minimum of one-third (1/3) of the
applicant's waterfront property width from the adiacent waterfront sinqle-
family or two-family property.
II. Lenath. The lenqth of commercial and multi-use docks shall not extend
from the mean hiqh water line or seawall of the applicant's property
more than seventy-five (75) percent of the width of the applicant's
property measured at the waterfront property line. Tie poles may extend
beyond the dock provided such poles do not extend twenty-five (25)
percent of the width of the waterway and do not constitute a navigational
hazard.
iii. Width. The width of commercial and multi-use dockinq facilities shall not
exceed seventy-five (75) percent of the width of the applicant's property
measured at the waterfront property line.
IV. Covered boatlifts. Covered boatlifts are permitted provided a permanent
and solid roof deck is constructed with material such as asphalt
shingles. metal. tile or wood. Canvas and canvas like roof materials are
prohibited. Vertical sidewalls are prohibited on any boatlift or dock.
v. Deviations. Deviations from the requirements of this section may be
considered and approved by the Community Development Board in
order to comply with the review criteria established in Sections 3-
601 (C)(4)(a) - (q).
i. Publiclv owned facilities. Roof structures shall be permitted on publicly owned
boardwalks. observation platforms. elevated nature trails and other such
structures not intended for use as a dock facility. however. vertical walls shall
be prohibited.
D. Existina docks and lifts and repairs.
1. Existing docks and lifts. New boat lifts installed in previously permitted wet
slips are exempt from setback standards so lonq as such lifts are entirely
contained within the property lines as extended into the water.
2. Repairs.
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Ordinance No. 6795-01
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a. Anv repair made to an existinq approved dock that does not extend.
enlarge or substantially chanqe the location of any portion of the dock
does not require review and approval bv the Community Development
Coordinator however, a permit may be required bv the Pinellas
County Water and Naviqation Control Authoritv. If, however. such
repair enlarqes. extends. or substantiallv chanqes the location of any
portion of the dock, such repair shall require the review and approval
bv the Community Development Coordinator prior to the issuance of a
permit bv the Pinellas County Water and Naviqation Control Authoritv.
The review of a substantial repair shall be considered a new dock
pursuant to the standards described in this section.
b. If any dock. seawall, bulkhead. private bridqe. or marina falls into a
state of disrepair and becomes a danqerous structure creatinq an
unreasonable risk of bodilv iniury to any person who may walk
thereon. such structure shall be either removed or repaired so as to
conform to the requirement of this division.
Section 2. Article 3, Development Standards, Section 3-909 Newracks, IS
hereby amended by revising news racks as follows:
/\. Gonor:J! Pro\1sions. /\11 newcr:::lcks ch:::lll comply with the follo'/:ing gener:::ll
provisionc.
1. No newcr:::lok sh:::lll obctruct the flow of pedoctri:::ln or 'Johicul:::lr tr:::lffic.
2. No nmvsr:::lck E:h:::lll be loc:::ltcd in :::l m:::lnner th:::lt imp:::lirc :::l motor vehicle
oper:::ltor'c view of motor vehiclec, bicycles, or pedestri:::lns upon entering
or exiting :::l right of W:::lY.
3. No newsr:::lck ch:::lll bo loc:::lted in :::l visibility tri:::lngle
5. No nm\'sr:::lck ch:::lll bo usod for :::ldvertiE:ing purpococ othor th:::ln :::ldvorticing
for the public:::ltion being distributed or cold.
6. No nowcr:::lck sh:::lll be ch:::lined, bolted, or :::ltt:::lched in :::lny other m:::lnnor to
:::l utility pole, tr:::lffic cign or other fixture.
7. Ne'.',sr:::lckE: E:h:::lll be m:::lint:::lined in :::l ne:::lt :::lnd cle:::ln condition :::lnd in good
rep:::lir :::It :::lll timec.
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Ordinance No. 6795-01
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8. Tho tolephono numbor of :::l working tolophono corvico ch:::lll bo :::lffixod to
o:::lch nowcr:::lck in :::l rO:::ldily visible pl:::lcO so th:::lt reports of m:::llfunctioning
nowsr:::lck C:::ln bo m:::ldo :::lnd viobtions of thoco provisionc C:::ln bo roportod.
9. Tho loc:::ltion of :::lny nowcr:::lck ch:::lll not block tho vim\' of :::lny historic
building or cconic vist:::l or m:::ljor City ontrY'N:::lY.
B. /'.dditfon;]! ....oqui...omonts fa... nO'l/.s....;]c,/(s Joo;]tod on public rights of ~'.\:ly.
1. No portion of :::lny nowsr:::lck ch:::lll bo inst:::lllod or m:::lint:::linod upon or ovor
:::lny p:::lrt of :::l rO:::ldw:::lY or bicyclo p:::lth.
2. Nowsr:::lcks m:::lY bo loc:::ltod upon :::l cidow:::llk in oxcosc of fi'.'o (5) f-oot in
'A'idth, :::It tho odgo of tho cidov.':::llk :::lnd on oither sido of tho cidow:::llk but
not directly opposing :::lnothor newsr:::lck, :::lnd fronting to'.\I:::lrds tho oontor of
tho cido'N:::llk. Howovor,:::l nowcr:::lck ch:::lll not bo inst:::lllod or m:::lint:::linod
within fivo (5) foot of :::l curb or tho odgo of ro:::ld\\':::lY p:::lvomont.
3. If tho sidow:::llk :::ldjoins :::l l:::lndcc:::lpod :::lre:::l of tho public right of 'A':::lY of :::l
sufficiont sizo to fully :::lnd l:::lwfully :::lccommod:::lto :::l nO'lJsr:::lck, :::lnd if tho
sido'N:::llk ic fivo foot or 1055 in 'Nidth, tho Community Dovolopmont
Coordin:::ltor m:::lY :::lPProvo tho loc:::ltion of :::l nowsr:::lck pro'.'ided such
nowsr:::lck bo pbco upon :::l wire reinforcod concreto p:::ld, f{)ur inchos thick
or gre:::ltor, of cuffioiont cizo to cupport tho b:::lsed of tho nowsr:::lok, or othor
re:::lson:::lblo :::lltorn:::lti'Jo mO:::lsures :::lpproved by tho City
Enginoor. Tho front of :::lny nmvcr:::lck loc:::ltod in bndcc:::lpod :::lre:::lS of tho
public right of W:::lY sh:::lll bco tow:::lrds tho sidow:::llk.
1. NO'A'sr:::lckc m:::lY bo :::lnchored to :::lny concreto p:::ld loc:::ltod in tho public
right of'I.':::lY.
5. Nowsr:::lckc ch:::lll not oxcood fifty fivo (55) inchos in hoight.
6. Singlo newsr:::lcks m:::lY bo loc:::ltod evory 100 root.
7. Combin:::ltion of multi st:::lnd froo :::lnd p:::lY nowsr:::lcks m:::lY bo loo:::ltod side
by cido providod tho tot:::ll length of such r:::lcks dooc not oxcood cix (6)
root. A dist:::lnco of 300 root ch:::lll cop:::lr:::lto such combin:::ltion of r:::lckc.
fi Addition;]! Pm'.',isions for C, T, ;]nd 0 Districts. In tho Commorci:::1I, Tourist :::lnd
DO'.\'ntown Districtc, tho :::lllow:::lblo longth of combin:::ltion newsr:::lcks m:::lY be
oxtondod through tho floxiblo st:::lnd:::lrd dovolopmont reviow prococc providod tho
nowsr:::lcks moot tho following critori:::1;
1. Tho nowcr:::lckc :::lro integr:::ltod into :::l podostri:::ln :::lre:::l;
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Ordinance No. 6795-01
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2. Tho loc:::ltion of tho no'.Vcr:::lckc pro'lidoc convoniont podostri:::ln :::lCCOSC;
3. Tho nowcr:::lcks :::lre visu:::llly ccreonod;
-1. Tho newsr:::lcks do not obctruct tho flow of podostri:::ln or 'Johicubr tr:::lffic; :::lnd
~ Tho nowGr:::lckE: :::lre comp:::ltiblo with surrounding :::lctivitioc.
A. General Reauirements for Newsracks and Modular Newsracks
1. Newsracks and modular news racks may be located either on private property or
within the public riqht-of-way.
2. Newsracks and modular news racks shall be maintained in an upriqht. neat and
clean condition and in good repair at all times.
3. No newsrack or modular newsrack shall obstruct the flow of pedestrian or
vehicular traffic.
4. No newsrack or modular newsrack shall be installed or maintained upon or over
any part of a roadway or bicycle path or be located in a manner that impairs a
motor vehicle operator's view of motor vehicles. bicvcles. or pedestrians upon
enterinq or exiting a riqht-of-wav.
5. No newsrack or modular newsrack shall reduce the width of a sidewalk to less
than four (4) feet.
6. No newsrack or modular newsrack shall be used for advertisinq purposes other
than advertisinq for the publication beinq distributed or sold. Letterinq shall not
exceed one and one half (1 %) inches in height and shall be located only on the
front and back of the news rack or the front and back of each compartment in a
modular newsrack.
7. No newsrack or modular newsrack shall be chained. bolted or attached in any
other manner to a utility pole. traffic sign or other similar fixture, excluding pads
designed to support newsracks, located in the public riqht-of-way.
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Ordinance No. 6795-01
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8. The telephone number of a working telephone service of a representative of the
publication shall be affixed to each newsrack or modular newsrack in a readily
visible place so that reports of malfunctioning newsracks/modular newsracks can
be made and violations of these provisions can be reported.
B. Location of Newsracks and Modular Newsracks.
1. No newsrack or modular newsrack shall be located in a visibility trianqle or within
five (5) feet of a curb of the edqe of roadway pavement.
2. The location of any newsrack or modular newsrack shall not block the view of
any historic buildinq or scenic vista or maior City entrvway.
3. The front of any newsrack located in landscaped areas of the public riqht-of-way
or on a public sidewalk shall face toward the sidewalk and/or away from the
street.
C. Height. Design. and Separation Requirements for Newsrack and Modular
Newsracks.
1. Newsracks shall not exceed fifty (50) inches in heiqht and modular newsracks
shall not exceed fifty-five (55) inches in heiqht.
2. A 100 foot radius separation shall be maintained between all types of newsracks.
except that two metal newsracks may be located side by side. Those newsracks
located on public property shall be of the same color. however on private
property this restriction shall not apply. A single news rack that is located within a
drive-throuqh lane shall not be required to meet the 100 feet radius separation
provided that the newsrack is accessible only by patrons of the drive-throuqh
lane while remaining in the vehicle.
3. If three or more publications are qrouped toqether in a sinqle location. such
publications shall be located in a metal modular newsrack.
4. Modular newsracks may be used in combination provided that such racks
located at the same location are of the same material. Those newsracks located
on public property shall be of the same color. however on private property this
restriction shall not apply,
5. No sinqle modular newsrack or qroupinq of modular newsracks shall exceed
eiqht (8) feet in lenqth.
6. Newsracks and modular newsracks are limited to a depth of a sinqle unit. The
back of a newsrack shall not be located against the back of another newsrack.
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Ordinance No. 6795-01
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7. Newsracks and modular newsracks shall be of uniform material and where
located on public property shall be finished with muted. earthtone and uniform
color.
D. Construction Requirements. All types of newsracks must be appropriately anchored
or secured from potential hazards. in accordance with current enqineering
standards. and may be anchored to any concrete pad located in the public riqht-of-
way provided all other provisions are met.
E. Additional Requirements for Newsrack and Modular Newsracks in the Tourist and
Downtown Districts. All types of newsracks located in the Tourist and Downtown
Districts shall be subiect to the applicable adopted desiqn quidelines qoverninq
Clearwater Beach and Downtown. The Community Development Coordinator may
extend the allowable length and heiqht of modular newsracks. provided the
newsracks are compatible in terms of location. height and length with the
surroundinq environment.
Section 3. Article 8, Definition and Rules of Construction, Section 8-102 is
hereby amended by adding the following definitions:
Newsrack means a self-service or coin-operated box. container. storaqe unit or
other dispenser installed. used or maintained for the display. sale or distribution of one
newspaper. periodical. advertisinq circular or other publication.
Newsrack. modular means a newsrack designed as an inteqrated unit with two
or more compartments to display. sell or distribute two or more newspapers.
periodicals. advertising circulars and other publications.
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
)c;lal! M/-J/.L
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
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Ordinance No. 6795-01
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CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
TEXT AMENDMENT
REQUEST:
Amendments to the Community Development Code -
Ordinance No. 6795-01
INITIATED BY:
Planning Department
BACKGROUND INFORMATION:
At the March 22, 2001 meeting, the City Commission requested the proposed dock and
newsrack provisions to be removed from Ordinance No. 6680-01 and incorporated into a
new ordinance. The Commission directed staff to continue to work on the dock
provisions and obtain additional input from citizens and other relevant City Boards.
With regard to the newsrack provisions, the Commission wanted additional time to
determine if the existing 300 feet separation requirement is too restrictive and whether it
should be reduced back to the original requirement of 100 feet.
Staff met with representatives of the Sand Key Civic Association regarding proposed
commercial dock regulations. Staff also attended the Marine Advisory Board meetings
on April 4th and May 8th to discuss the review process for commercial and multi-use
docks. Staff will also meet one more time with the Board on June 6th to obtain any final
input. Staff also attended the Environmental Advisory Board on April 18th and was
scheduled to discuss the proposed ordinance at the May 16th meeting. There was no
quorum at that meeting; however, staff contacted each Board member for their
comments. Staff also met with representatives from the newspaper industry.
ANALYSIS:
Proposed Ordinance No. 6795-01 includes amendments to the existing dock and
newsrack provisions. Below please find a description of the proposed amendments.
1. Docks (Pages 1 - 9 of the proposed ordinance.)
Staff is proposing to amend the dock regulations found in Code Section 3-601.
While several of the revisions are substantive, many are primarily organizational in
nature. Specifically, the proposed regulations are reorganized into four sections. The
first section specifies that city approval is required for any dock prior to issuance of a
dock permit by the Pinellas County Water and Navigation Control Authority. The
second section details the city approval procedures. The third section specifies
requirements for new docks and is organized into provisions regulating docks serving
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single family and two family dwellings, docks serving multi-family development and
provisions for commercial docks. The last section governs repairs made to existing
docks.
Staff is proposing to make changes in the administrative review procedures.
Currently, a Clearwater building permit is required; however, historically the
Clearwater Building Department has not performed an actual dock inspection for any
dock permit issued. Pinellas County Water and Navigation Authority issues dock
permits and inspects dock construction throughout the incorporated and
unincorporated areas of Pinellas County. Staff is proposing to eliminate the
requirement for a Clearwater building permit since the City of Clearwater does not
inspect the work being permitted.
Staff is also proposing to remove the Harbormaster from the review process for docks
associated with single family and two family dwellings. Staff, including the
Harbormaster, believes the review is duplicative because Pinellas County Water and
Navigation Control Authority has final authority on navigational issues. Absent a
navigational review, the Community Development Coordinator will be responsible
for determining that docks serving single family and two family dwellings meet the
dimensional requirements of the ordinance. Once the City determines a proposed
dock complies with city requirements, the application may proceed to the Pinellas
County Water Navigation and Control Authority for a permit.
Currently, the City's dock regulations only permit deviations from City Code
requirements for existing docks. Staff is adding a mechanism for property owners to
obtain deviations from requirements for new docks by having a process whereby if
neighbors agree to proposed deviations and the criteria is met, the Community
Development Coordinator may approve the deviations. If neighbors cannot agree, or
if the criteria cannot be met, an application can be made to the Community
Development Board for a Level Two approval. There are many legitimate
navigational and environmental reasons that warrant deviations to the dimensional
requirements and often are required by the Pinellas County Water and Navigation
Authority.
At present, the City's dock regulations make no provisions for commercial and multi-
use docks. Staff is proposing to incorporate regulations for multi-use and commercial
docks based on the dimensional standards that used to be in effect in the previous
code. With regard to review procedures, staff is proposing that the Community
Development Coordinator be given the authority to approve multi-use docks unless
the dock exceeds 500 square feet in deck area. In the event a multi-use dock exceeds
this size limitation, it would be treated as a commercial dock. Commercial docks are
proposed to require approval by the Community Development Board. The
dimensional standards are the same as found in the City's previous code, however,
use and compatibility, navigational and environmental criteria have been added and
are required to be met in order to receive city approval. The Harbormaster would be
involved in the review of commercial docks as a member of the City's Development
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06-21-01 Commission Meeting
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Review Committee (DRC), which will make a recommendation to the Community
Development Board. Staff from the City's Environmental Division of the Public
Works Administration will also participate in the DRC review of all commercial dock
applications. The provisions for commercial docks also allow the Board to approve
deviations to the dimensional standards in order to meet navigational and/or
environmental criteria.
2. Newsracks (Pages 9 - 13 of the proposed ordinance.)
Staff is proposing to amend the newsrack provisions In Code Section 3-909 by
reorganizing the entire section into five subsections and revising some of the
requirements. Staff is proposing to reduce the separation requirement between
modular newsracks from 300' to 100'. The proposed amendments would further
permit two newsracks to locate side by side provided the racks are metal and are of
the same color on public property. If more than two newsracks locate side by side, a
metal modular newsrack will be required. A single newsrack located within a drive-
through lane is exempted, however, from the separation requirement. Staff is also
proposing to require all newsracks in the Tourist and Downtown Districts to comply
with any design guidelines governing Clearwater Beach and Downtown. The
Community Development Coordinator is also granted authority to approve deviations
to the length and height of modular newsracks in these districts. Lastly, staff is
proposing to amend Code Section 8-102 by including definitions of newsracks and
modular newsracks.
CRITERIA FOR TEXT AMENDMENTS:
Code Section 4-601 specifies the procedures and criteria for reviewing text amendments.
Any code amendment must comply with the following.
1. The proposed amendment is consistent with and furthers the goals,
policies, objectives of the Comprehensive Plan.
Below please find a selected list of goals, objectives and policies from the Clearwater
Comprehensive Plan that are furthered by the proposed amendments to the Community
Development Code:
. Goal 4 - The City of Clearwater shall ensure that all development and
redevelopment initiatives meet the safety, environmental, and aesthetic needs of
the City through consistent implementation of the Community Development
Code.
The proposed newsrack provisions will result in more attractive newsracks placed in a
safe manner. By implementing enhanced design and locational standards, the
aesthetic needs of the City will be met.
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06-21-01 Commission Meeting
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· Objective 22.3 - "To City shall continue to maintain and enhance the City's
wildlife and natural native vegetation resources.
The proposed dock provisions permit deviations based on environmental concerns.
This will allow flexibility in locating docks in order to better protect wildlife and
natural vegetation found in the Intracoastal Waterway.
· Policy 22.3.4 - "Prohibit development which will needlessly disturb or destroy
native vegetation. This shall be achieved through the site plan review process and
environmental management site inspections.
The proposed dock provisions permit deviations to requirements to protect
environmentally sensitive areas. Commercial docks have to comply with
environmental criteria that require development not to disturb native vegetation. This
will further the City's ability to locate docks in a manner to protect natural resources.
2. The proposed amendments further the purposes of the Community
Development Code and other City ordinances and actions designed to
implement the Plan.
The proposed text amendments revise development standards found in Article 3 of the
Community Development Code for docks and newsracks. The proposed amendments are
consistent with the following purposes of the Code.
· Section 1-103(A) - It is the purpose of this Development Code to implement the
Comprehensive Plan of the city; to promote the health, safety, general welfare and
quality of life in the city; to guide the orderly growth and development of the city; to
establish rules of procedures for land development approvals; to enhance the
character of the city and the preservation of neighborhoods; and to enhance the
quality of life of all residents and property owners of the city;
· Section 1-103(C) - It is the further purpose of this Development Code to promote
economic development, neighborhood revitalization, and regional cooperation to
sustain efforts through which development will protect regionally significant water
and other environmental resources;
· Section 1-103(E)(2) - Protect the character and the social and economic stability of all
parts of the city through the establishment of reasonable standards which encourage
the orderly and beneficial development of land within the city; and
. Section 1-103(E)(7) - Protect and improve the quality of water resources and
wetlands in both interior and coastal areas and preserve floodplains, drainageways,
and other natural areas having beneficial hydrological characteristics and functions.
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06-21-01 Commission Meeting
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SUMMARY AND RECOMMENDATION:
The proposed amendments to the dock and newsrack regulations are consistent with the
Comprehensive Plan and the Community Development Code. The amendments provide
residents with more comprehensive and less cumbersome dock regulations that eliminate
duplicative governmental review and reasonable separation requirements and aesthetic
control of newsracks.
The Planning Department Staff recommends APPROVAL of Ordinance No. 6795-01
that revises the Community Development Code.
Prepared by: Gina L. ClaytonJJ
ATTACHMENT:
Proposed Ordinance No. 6795-01
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06-21-01 Commission Meeting
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ORDINANCE NO. 6795-01
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE COMMUNITY DEVELOPMENT CODE;
AMENDING ARTICLE 3, DEVELOPMENT STANDARDS,
SECTION 3-601, DOCKS BY REVISING THE DOCK
PROVISIONS IN THEIR ENTIRETY; BY AMENDING 3-909 BY
REVISING THE NEWSRACK PROVISIONS IN THEIR
ENTIRETY; BY AMENDING ARTICLE 8 DEFINITIONS AND
RULES OF CONSTRUCTION, SECTION 8-102 BY ADDING
DEFINITIONS OF NEWSRACK AND MODULAR NEWSRACK;
PROVIDING AN EFFECTIVE DATE.
WHEREAS the City of Clearwater has conducted an in-depth review of the dock and
newsrack provisions and determined that the existing requirements need to be amended;
and
WHEREAS, the Clearwater Community Development Board, pursuant to its
responsibilities as the Local Planning Agency, has reviewed these amendments,
conducted a public hearing to consider all public testimony and has determined that this
amendment is consistent with the City of Clearwater's Comprehensive Plan; and
WHEREAS, the Clearwater City Commission has fully considered the
recommendation of the Community Development Board and testimony submitted at its
public hearing; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Article 3, Development Standards, Section 3-601, Dock/Marina
Standards is hereby revised as follows:
Section 3-601. Docks.
.A.. Permit required. 1\11 docks 'Nhich 3re proposod to bo constructod, :::lddod
to, or structur311y :::lltored sh:::lll obt:::lin 3 building permit :::lnd 3 permit from
Pinoll3s County.
B. Procodures. An 3pplic3tion for 3 building permit for tho construction,
:::lddition or structur:::ll :::llter3tion of :::l dock sh:::lll bo reforred to tho City's
Harborm3stor to dotermino the impact of the dock on n:::lvig3tion. If the
H3rbormaster dotermines th:::lt tho construction, addition or structur31
31toration '.viII not :::ldvorsoly affoct n:::lvig3tion, tho applic:::ltion shall bo
referred to the community devolopmont coordin:::ltor to bo considored :::lS :::l
lovel one :::lpproval in :::lccord:::lnce 'Nith the pro'Jisions of Article -1 Division
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Ordinance No. 6795 -01
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C. Rep 3 ir.
1 . Repair or replacement of any residential dock, c:::ltwalk, or portion of :::l
dock or cah~Jalk that involves 50 percent or more of the dock, c:::ltwalk or
bO:::lt lift sh:::lll required that the dock, c:::ltwalk, or boat lift conform to the
length, width and position requirements of this division.
2. If any dock, sea'...':::lll, bulkhead, private bridge, or marin:::l is permitted to
fall into disrepair 50 as to become :::l dangerous structure creating :::In
unre:::lson:::lble risk of bodily injury to :::lny person who m:::lY 'l/:::llk thereon,
such structure sh:::lll be either removed or rep:::lired so as to conform with
the requirements of this division.
D. Docks, b03t fiff and se:vice catwalk sotbacks. Docks must be located in
the center one third of the lot or 20 feet from any extended property line,
'Nhiche'Jer is less, unless the dock is proposed to be shared by adjoining
properties whereupon the dock may be constructed on the property line
provided th:::lt all the other stand:::lrds of this divisions are met. Boat lifts
and service catw:::llks (three feet maximum 'A'idth) shall be a minimum of
ten feet from :::lny extended property line.
E. Length=. The length of docks and boatlifts sh:::lll not exceed 25 percent of
the 'Nidth of the watef\vay or half of the width of the property on 'Nhich the
dock is to be loc:::lted, whichever is less.
F. V1lidth. The width of a dock sh:::lll not exceed 35 percent of the 'I.'idth of the
property, measured at the '.vaterfront or 50 feet, whichever is less.
G. Tie pole setb::JCks. A minimum of one f-oot setb:::lck from any extended
property line must be maint:::lined. No tie pole sh:::lll be :::lllowed to project
into the navig:::lble portion of :::l waterway more than 25 percent of such
waterN:::lY.
H. COl/or boat litts.
1. Covered bO:::lt lifts :::lre permitted provided a permanent :::lnd solid roof deck
is constructed 'Nith materials such as asphalt shingles, metal, tile or wood.
C:::ln'l:::ls and C:::lnvas like m:::lterials :::lre prohibited.
2. Vertical side'Nalls for boat lifts are prohibited.
I. Sing.l.o pile davits 3nd porsona! watorcr3ft fitts. Exempt from the setback
criterb so long as such davits :::lnd lifts :::lre contained entirely 'Nithin the
extended property lines.
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Ordinance No. 6795-01
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J. Number of s!ips. No dock sh:::lll provide more than hvo slips f-or the
mooring of ple:::lsure craft, except as houseboats may otherv:ise be
permitted consistent with Chapter 33 of the City's Code, which slips shall
be for the exclusive use of the residents of the contiguous upl:::1nd
property.
K. Personal watercraft lifts are not oonsidered to be bO:::lts slips.
L. Existing docks and fifts.
1. Ne'N boat lifts installed in previously permitted 'I.'et slips are exempt from
setb:::lck st:::lnd:::lrds so long as such lifts are entirely cont:::lined within the
extended property lines.
2. Repairs.
:::l. Repairs to a dock, including mooring piles, require a permit.
b. Repairs to :::l permitted boat lift shall not required a permit unless
pilings are replaced. Repaired or reconstructed boats lifts shall not
h:::lve enclosed sides.
c. Repairs to or replacement of deck boards only do not require :::l
permit. This exemption does not apply to any support structures
such as stringers, C:::lpS or floaters. /\11 deck boards must meet the
minimum construction criteria of Section 166.332(7), Pinell:::ls
County regulations.
3. The harbormaster may :::lpprove deviations to these standards contingent
upon one or more of the follmving:
a. I\pprov:::l1 of the proposed deviation by the affected adjacent
property owner(s)who must sign :::lnd notarize. the proposed
construction pbn as having no objection.
b. /\n independent evaluation by the h:::lrbormaster's offioe th:::lt no
n:::lvigational or rip:::lrian rights conflicts will occur due to the
proposed construction.
c. Property configuration :::lnd circumstances that preclude pl:::1cement
of reason:::lble dock structures v.'ithin the above requirements.
M. Publicly ovmed facilities. Roofed structures sh:::lll be permitted on publicly o'Nned
boardwalks, observation platforms, elev:::lted nature tr:::lils and other such structures not
intended for use as a dock facility. Vertical w:::llls shall not be :::lllowed.
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Ordinance No. 6795-01
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A. City Approval and Pinel/as County Water and Naviqation Control Authority
Permit Required. No dock may be constructed. added to. or structurally altered
without first obtaininq approval by the City and a permit from the Pinellas County
Water and Naviqation Control Authority.
B. City Approval Procedures. Review and approval by the Community
Development Coordinator and/or the Community Development Board shall be
required prior to the issuance of a permit from the Pinellas County Water
Naviqation Control Authority. Such approval shall be considered a level one
(minimum standard approval) or level two (flexible development) approval in
accordance with the provisions of Article 4 Divisions 3 and 4.
C. New Docks.
1. Dredqinq Prohibited. Dredqinq to obtain naviqable water depths in
coniunction with the construction of a new dock is expressly prohibited.
2. Docks. boatlifts and service catwalks that serve sinqle-family or two-family
dwellinqs.
a. Setbacks. A dock shall be located in the center one-third of the lot or
twenty (20) feet from any property line as extended into the water.
whichever is less. unless the dock is proposed to be shared by
adioininq properties whereupon the dock may be constructed on the
common property line provided that all other standards of this division
are met. Boatlifts and service catwalks shall be a minimum of ten (10)
feet from any property line extended into the water. Tie poles shall be
setback a minimum of one (1) foot from any extended property line.
Sinqle pile davits and personal watercraft lifts are exempt from these
setback requirements provided they are contained entirely within the
extended property lines.
b. Lenqth. The lenqth of docks and boatlifts shall not exceed twenty-five
(25) percent of the width of the waterway or half of the width of the
property measured at the waterfront property line. whichever is less.
Tie poles may extend beyond the dock provided such poles do not
exceed twenty-five (25) percent of the width of the waterway and do
not constitute a naviqational hazard.
c. Width. The width of docks. excludinq boatlifts. shall not exceed thirty-
five (35) percent of the width of the property measured at the
waterfront property line or fifty (50) feet, whichever is less.
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Ordinance No. 6795-01
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d. Covered boatlifts. Covered boatlifts are permitted provided a
permanent and solid roof deck is constructed with material such as
asphalt shinqles, metal, tile or wood. Canvas and canvas like roof
materials are prohibited. Vertical sidewalls are prohibited on any
boatlift or dock.
e. Number of slips. No dock shall provide more than two slips for the
moorinq of boats, except as houseboats may otherwise be permitted
consistent with Chapter 33 of the City's Code of Ordinances. Slips
shall be for the exclusive use of the residents of the contiquous upland
property. Personal watercraft lifts are not considered to be boat slips.
f. Width of Catwalks. Service catwalks shall not exceed three feet in
width.
g. Deviations. Deviations from the requirements of this section may be
qranted by the Community Development Coordinator based on one of
the followinq reasons:
i. to reach a mean low water depth of eiqhteen (18) inches
(bottom elevation -2.45 feet NGVD, 1929 datum); or
ii. the need to protect environmentally sensitive areas as required
by the Pinellas County Water and Naviqation Control Authority;
or
iii. property confiquration which precludes the placement of dock
structures similar in dimensional characteristics as surroundinq
dock patterns.
Deviations may be qranted as a Level One approval (minimum standard)
provided that sjqned and notarized statements of no obiection are
submitted from adiacent waterfront property owners, as well as siqned
and notarized statements on the Pinellas County Water and Naviqation
Control Authority permit application. In the event statements from the
adiacent propertvowners cannot be obtained or the proposed dock does
not meet one of the criteria listed above, such deviations may be reviewed
by the Community Development Board as a Level Two application.
3. Multi-Use Docks. A multi-use dock, which is any dock owned in common or
used by the residents of a multi-family development, condominium,
cooperative apartment, mobile home park or attached zero lot line
development shall be permitted as a Level I minimum standard use provided
such dock is less than 500 square feet in deck area and complies with the
dimensional provisions setforth in Section 3-601(C)(4 )(h)
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Ordinance No. 6795-01
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4. Commercial Docks. A commercial dock is any dock, pier, or wharf, includinq
boatlifts. that is used in connection with a hotel. motel or restaurant where the
slips are not rented, leased or sold; or such facilities used in connection with
a social or fraternal club or orqanization and used only by its membership; or
such facilities constructed and maintained by the City of Clearwater, Pinellas
County or by any state or federal aqency. Commercial docks shall be
permitted only as a Level Two flexible development use and reviewed by the
Community Development Board (CDB). Any multi-use dock with a deck area
exceedinq 500 square feet shall be treated as a commercial dock. All
commercial docks shall be reviewed for compliance with the followinq criteria.
a. Use and Compatibility.
i. The proposed dock shall be subordinate to and contribute to the
comfort, convenience or necessities of the users or the occupants of the
principal use of the property.
II. The proposed dock shall be in harmony with the scale and character of
adiacent properties and the neiqhborhood in qeneral.
iii. The proposed dock shall be compatible with dock patterns in the qeneral
vicinity.
b. Impacts on Existinq Water Recreation Activities. The use of the proposed
dock shall not adversely impact the health, safety or well beinq of persons
currently usinq the adjacent waterways for recreational and/or commercial
uses. Furthermore, it shall not hinder or discouraqe the existinq uses of the
adiacent waterway by uses includinq but not limited to non-motorized boats
and motorized boats.
c. Impacts on Naviqation. The existence and use of the proposed dock shall
not have a detrimental effect on the use of adiacent waters for naviqation,
transportation, recreational or other public conveniences.
d. Impacts on Marine Environment.
i. Docks shall be sited to ensure that boat access routes avoid iniury to
marine qrassbeds or other aquatic resources in the surroundinq areas.
ii. Docks shall not have an adverse impact upon natural marine habitats,
qrass flats suitable as nursery feedinq qrounds for marine life, or
established marine soil suitable for producinq plant qrowth of a type
useful as nursery or feedinq qrounds for marine life manatee
sanctuaries; natural reefs and any such artificial reef which has been
developed an associated flora and fauna which have been determined
to be approachinq a typical natural assemblaqe structure in both density
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Ordinance No. 6795-01
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and diversity; oyster beds; clam beds; known sea turtle nestina site;
commercial or sport fisheries or shell fisheries areas; and habitats
desirable as iuvenile fish habitat.
e. Impacts on Water Quality.
i. All turnina basin, access channels. boat moorina areas and any other
area associated with a dock shall have adequate circulation and existina
water depths to ensure that a minimum of a one foot clearance is
provided between the lowest member of a vessel (e,a. skeas. rudder,
prop) and the bottom of the waterbody at mean or ordinary low water
(-0.95 NGVD datum).
ii. The dock shall not effectively cause erosion. extraordinary storm
drainaae, shoalina of channels, or adversely affect the water quality
presently existina in the area or limit proaress that is beina made toward
improvement of water quality in the area in which the dock is proposed
to be located.
f. Impacts on Natural Resources.
i. The dock shall not have a material adverse impact upon the
conservation of wildlife, marine life, and other natural resources,
includina beaches and shores. so as to be contrary to the public interest.
ii. The dock shall not have an adverse impact on veqetated areas;
veqetative, terrestrial, or aquatic habitats critical to the support of listed
species providina one or more of the requirements to sustain their
existence, such as ranae, nestina or feedina arounds: habitats which
display bioloaical or physical attributes which would serve to make them
rare within the confines of the City; desianated preservation areas such
as those identified in the comprehensive land use plan, national wildlife
refuqes, Florida outstandinq waters or other desjqnated preservation
areas, and bird sanctuaries,
g. Impacts on Wetlands Habitat/Uplands. The dock shall not have a material
adverse affect upon the uplands surroundina.
h. Dimensional Standards.
i. Setbacks. All commercial and multi-use docks shall be located so that
no portion of such dock is closer to any property line as extended into
the water than ten (10) percent of the applicant's property width
measured at the waterfront property line. Multi-use private and
commercial docks abuttina adiacent waterfront sinqle-family or two-
family property must be setback a minimum of one-third (1/3) of the
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Ordinance No. 6795-01
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applicant's waterfront property width from the adiacent waterfront sinqle-
family or two-family property.
ii. Lenqth. The lenqth of commercial and multi-use docks shall not extend
from the mean hiqh water line or seawall of the applicant's property
more than seventy-five (75) percent of the width of the applicant's
property measured at the waterfront property line. Tie poles may extend
beyond the dock provided such poles do not extend twenty-five (25)
percent of the width of the waterway and do not constitute a naviqational
hazard.
III. Width. The width of commercial and multi-use dockinq facilities shall not
exceed seventy-five percent of the width of the applicant's property
measured at the waterfront property line.
IV. Covered boatlifts. Covered boatlifts are permitted provided a permanent
and solid roof deck is constructed with material such as asphalt
shinqles. metal. tile or wood. Canvas and canvas like roof materials are
prohibited. Vertical sidewalls are prohibited on any boatlift or dock.
v. Deviations. Deviations from the requirements of this section may be
considered and approved by the Community Development Board in
order to comply with the naviQational and/or environmental criteria
established in Sections 3-60 HC)(4 )(a) - (q).
I. Publiclv owned facilities. Roof structures shall be permitted on publicly owned
boardwalks. observation platforms. elevated nature trails and other such
structure not intended for use as a dock facility. Vertical walls shall not be
allowed.
D. Existinq docks and lifts and repairs.
1. Existinq docks and lifts. New boat lifts installed in previously permitted wet
slips are exempt from setback standards so lonq as such lifts are entirely
contained within the property lines as extended into the water.
2. Repairs.
a. Any repair made to an existinq approved dock that does not extend.
enlarqe or substantially chanqe the location of any portion of the dock
does not require review and approval by the Community Development
Coordinator however. a permit may be required by the Pinellas
County Water and NaviQation Control Authority. If, however. such
repair enlarqes. extends. or substantially chanqes the location of any
portion of the dock. such repair shall require the review and approval
by the Community Development Coordinator prior to the issuance of a
permit by the Pinellas County Water and Naviqation Control Authority.
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Ordinance No. 6795-01
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The review of a substantial repair shall be considered a new dock
pursuant to the standards described in this section.
b. If any dock, seawall, bulkhead, private bridqe, or marina falls into a
state of disrepair and becomes a danqerous structure creatinq an
unreasonable risk of bodily iniury to any person who may walk
thereon, such structure shall be either removed or repaired so as to
conform with the requirement of this division.
Section 2. Article 3, Development Standards, Section 3-909 Newracks, is
hereby amended by revising news racks as follows:
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Genera! Pro'.{ls/ons. All newsr:::lcks shall comply 'Nith the follO\\'ing gener:::ll
provisions.
1. No nO'.\'srack shall obstruct the flow of pedestrian or vehicular traffic.
2. No newsr:::lck sh:::lll be loc:::lted in :::l manner th:::lt imp:::lirs a motor vehicle
operator's './imN of motor vehicles, bicycles, or pedestri:::lns upon entering
or exiting :::l right of \\/ay.
3. No ne'Nsrack shall be located in a visibility triangle
1. No ne'Nsrack shall reduce the width of a sidewalk or tr:::lvel route belo'J.1
ADA requirements.
5. No newsrack shall be used for advertising purposes other than advertising
for the publication being distributed or sold.
6. No newsr:::lck shall be chained, bolted, or :::ltt:::lched in :::lny other manner to
:::l utility pole, traffic sign or other fixture.
7. Ne'I.'sracks sh:::lll be m:::lint:::lined in :::l ne3t and c1e:::ln condition 3nd in good
rep:::lir :::It :::lll times.
8. The telephone number of :::l working telephone service shall be 3ffixed to
e:::lch newsr:::lck in :::l re:::ldily visible pl:::1ce 50 that reports of malfunctioning
newsrack can be m:::lde :::lnd viol:::1tions of these provisions can be reported.
9. The location of any newsrack sh:::lll not block the view of any historic
building or scenic vist:::l or m:::ljor City entry\A.':::lY.
B. /\ddWona! roqulrements far naws.racks located on pub!/c r/ghts of v18Y.
1. No portion of 3ny newsrack shall be inst:::llled or maintained upon or over
:::lny p:::lrt of :::l roadw3Y or bicycle path.
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Ordinance No. 6795-01
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2. Ne'Nsracks may be located upon a sidewalk in excess of five (5) foet in
'Nidth, :::It the edge of the sidmvalk and on either side of tho sidew:::llk but
not directly opposing another ne'l/srack, and fronting to'Nards the center of
the sidewalk. Howevor,:::l newsr:::lck sh:::lll not be inst:::llled or maintained
within five (5) feet of a curb or the edge of roadway p:::l'lement.
3. If the sidev.'alk adjoins :::l I:::1ndsc:::lped are:::l of the public right of 'Nay of a
sufficient size to fully and 1:::1'.vfully accommodate :::l newsrack, and if the
sidewalk is five feet or less in 'A'idth, the Community Development
Coordinator m:::lY :::lPProvo the location of a newsrack provided such
ne\\'sr:::lck be pl:::1ce upon a wire reinforced concrete p:::ld, four inches thick
or greater, of sufficient size to support the based of the ne'l/srack, or other
reason:::lble :::lltern:::ltive measures approved by the City
Engineer. The front of any newsrack located in landscaped areas of the
public right of way shall face tov.'ards the sidew:::llk.
1. Ne'Nsr:::lcks m:::lY be anchored to :::lny concrete pad located in the public
right of way.
5. Newsracks shall not exceed fifty five (55) inches in height.
6. Single nO'.vsracks may be loc:::lted every 100 feet.
7. Combin:::ltion of multi st:::lnd free and pay newsracks may be located side
by side provided the total length of such racks does not exceed six (6)
feet. 1\ distance of 300 feet shall sep:::lr:::lte such combination of racks.
B. Additional Provisions for C, T, ~1nd D Districts. In the Commercial, Tourist and
Downtown Districts, the :::lllmvable length of combin:::ltion nowsracks may be
extended through the flexible standard de'Jelopment review process provided the
ne'Nsracks moet the following criteri:::l;
1. The newsracks :::lre integr:::lted into a pedestrian area;
2. The loc:::ltion of the nO'.\'sr:::lcks provides convenient pedestri:::ln :::lccess;
3. The nO'.\'sracks are visually screened;
1. The newsr:::lcks do not obstruct the flow of pedestrian or vehicul:::1r tr:::lffic; :::lnd
5. The nO'.~.'sracks are comp:::ltible with surrounding activities.
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A. General Requirements for Newsracks and Modular Newsracks
1. Newsracks and modular newsracks may be located either on private property or
within the public riqht-of-way.
2. Newsracks and modular newsracks shall be maintained in an upriqht. neat and
clean condition and in qood repair at all times.
3. No newsrack or modular newsrack shall obstruct the flow of pedestrian or
vehicular traffic.
4. No newsrack or modular newsrack shall be installed or maintained upon or over
any part of a roadway or bicycle path or be located in a manner that impairs a
motor vehicle operator's view of motor vehicles, bicycles. or pedestrians upon
enterinq or exitinq a riqht-of-way.
5. No newsrack or modular newsrack shall reduce the width of a sidewalk to less
than four (4) feet.
6. No newsrack or modular newsrack shall be used for advertisinq purposes other
than advertisinq for the publication beinq distributed or sold. Letterinq shall not
exceed one and one half (1 %) inches in heiqht and shall be located only on the
front and back of the newsrack or the front and back of each compartment in a
modular newsrack.
7. No newsrack or modular newsrack shall be chained, bolted or attached in any
other manner to a utility pole. traffic siqn or other similar fixture, excludinq pads
desiqned to support newsracks. located in the public riqht-of-way.
8. The telephone number of a workinq telephone service of a representative of the
publication shall be affixed to each newsrack or modular newsrack in a readily
visible place so that reports of malfunctioninq newsracks/modular newsracks can
be made and violations of these provisions can be reported.
B. Location of Newsracks and Modular Newsracks.
1. No newsrack or modular newsrack shall be located in a visibility trianqle or within
five (5) feet of a curb of the edqe of roadway pavement.
2. The location of any newsrack or modular newsrack shall not block the view of
any historic buildinq or scenic vista or maior City entryway.
3. The front of any newsrack located in landscaped areas of the public riqht-of-way
or on a public sidewalk shall face toward the sidewalk and/or away from the
street.
11
Ordinance No. 6795-01
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C. Heiqht, Desiqn, and Separation Requirements for Newsrack and Modular
Newsracks.
1. Newsracks shall not exceed fifty (50) inches in heiqht and modular newsracks
shall not exceed fifty-five (55) inches in heiqht.
2. A 100 foot radius separation shall be maintained between all types of newsracks,
except that two metal newsracks may be located side by side. Those newsracks
located on public property shall be of the same color, however on private
property this restriction shall not apply. A sinqle newsrack that is located within a
drive-throuqh lane shall not be required to meet the 100 feet radius separation
provided that the news rack is accessible only by patrons of the drive-throuqh
lane while remaininq in the vehicle.
3. If three or more publications are qrouped toqether in a sinqle location, such
publications shall be located in a metal modular newsrack.
4. Modular newsracks may be used in combination provided that such racks
located at the same location are of the same material. Those newsracks located
on public property shall be of the same color, however on private property this
restriction shall not apply,
5. No sinqle modular newsrack or qroupinq of modular newsracks shall exceed
eiqht (8) feet in lenqth.
6. Newsracks and modular newsracks are limited to a depth of a sinqle unit. The
back of a newsrack shall not be located aqainst the back of another newsrack.
7. Newsracks and modular newsracks shall be of uniform material and where
located on public property shall be finished with muted, earthtone and uniform
color.
.D. Construction Requirements. All types of newsracks must be appropriately anchored
or secured from potential hazards, in accordance with current enqineerinq
standards, and may be anchored to any concrete pad located in the public riqht-of-
way provided all other provisions are met.
E. Additional Requirements for Newsrack and Modular Newsracks in the Tourist and
Downtown Districts. All types of newsracks located in the Tourist and Downtown
Districts shall be subiect to the applicable adopted desiqn quidelines qoverninq
Clearwater Beach and Downtown. The Community Development Coordinator may
extend the allowable lenqth and heiqht of modular newsracks, provided the
newsracks are compatible in terms of location, heiqht and lenqth with the
surroundinq environment.
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Ordinance No. 6795-01
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Section 3. Article 8, Definition and Rules of Construction, Section 8-102 is
hereby amended by adding the following definitions:
Newsrack means a self-service or coin-operated box, container. storaqe unit or
other dispenser installed, used or maintained for the display. sale or distribution of one
newspaper, periodical. advertisinq circular or other publication.
Newsrack. modular means a newsrack desiqned as an inteqrated unit with two or
more compartments to display, sell or distribute two or more newspapers. periodicals.
advertisinq circulars and other publications.
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form: Attest:
Cynthia E. Goudeau
Assistant City Attorney City Clerk
13 Ordinance No. 6795-01
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Revised 6/18/01
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AGENDA
COMMUNITY DEVELOPMENT BOARD
Date: Tuesday, June 19,2001
Time: 2:00 p.m. *
Place: 112 South Osceola Street, 3rd Floor,
Clearwater, Florida, 33756
(City Hall Commission Chambers)
* Note: Meeting time has changed from 1 :00 p.rn. to 2:00 p.rn.
The City of Clearwater strongly supports and fully complies with the Americans with Disabilities
Act (ADA). Please advise us at least 72 hours prior to the meeting if you require special
accommodations. Assisted listening devices are available. Kindly refrain from using beepers,
cellular telephones and other distracting devices during the meeting.
Florida Statue 286.0105 states: Any person appealing a decision of this Board must have a
record of the proceedings to support such appeal.
CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE
ROLLCALL
Chair Figurski
Vice-Chair Petersen
Gildersleeve
Hooper
Moran
Mazur
Plisko
Alternate member Hibbard
City Staff
A. REQUESTS FOR CONTINUANCES/RECONSIDERATION: None
B. RECONSIDERED ITEMS: None
CDB agenda - June 19,2001 - Page 1
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c. LEVEL 3 APPLICATIONS:
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1. Case: ANX 01-04-09 - 1634 Gentry Street
Owner/Applicant: Kathleen Farinella.
Location: 0.17 acres located on the north side of Gentry, approximately 140 feet south
of Sherwood Street and 100 feet west of Nelson Avenue.
CONSENT Request:
(a) Annexation of 0.17 acres to the City of Clearwater;
(b) Land Use Plan amendment from RL, Residential Low (County) to RL, Residential
Low Classification (City of Clearwater); and
(c) Rezoning from R-3, Single-Family Residential District (County) to LMDR, Low
Medium Density Residential District (Clearwater).
Proposed Use: Existing single-family dwelling.
Presenter: Etim S. Udoh, Planner.
2. Case: ANX 01-04-10 - 3035 Virginia Avenue
Owner/Applicant: Taylor G. Bingham III.
Location: 0.15 acres located on the southwest corner of Virginia Street and Bay Avenue.
CONSENT Request:
(a) Annexation of 0.15 acres to the City of Clearwater together with 0.19 acres of the
abutting right-of-way of Bay Street and abutting alley to the south;
(b) Land Use Plan amendment from RU, Residential Urban (County) to RU, Residential
Urban Classification (City of Clearwater); and
(c) Rezoning from R-3, Single-Family Residential District (County) to LMDR, Low
Medium Density Residential District (Clearwater).
Proposed Use: Single-family dwelling
Presenter: Etim S. Udoh, Senior Planner.
3. Case: ANX 01-04-11 - 2454 Raymont Drive
Owner/Applicant: Kenneth Barker.
Location: 0.22 acres located on the northeast corner of Raymont Drive and Summit
Drive, approximately 300 feet north of Sunset Point Road.
CONSENT Request:
(a) Annexation of 0.22 acres to the City of Clearwater;
(b) Land Use Plan amendment from RL, Residential Low (County) to RL, Residential
Low Classification (City of Clearwater); and
(c) Rezoning from R-3, Single-Family Residential District (County) to LMDR, Low
Medium Density Residential District (Clearwater).
Proposed Use: Single-family dwelling.
Presenter: Etim S. Udoh, Senior Planner.
CDB agenda - June 19,2001 - Page 2
D.
LEVEL 2 APPLI~IONS:
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1. Case: FL 01-04-17 - 1802 N. Belcher Road
Owner/Applicant: Fountains Bayway, Inc.
Location: 0.66 acres located on the west side of North Belcher Road, approximately 75
feet south of Sunnydale Road.
Zoning: IRT, Industrial, Research and Technology District.
CONSENT Request: Flexible Development approval to reduce the minimum lot width from 200 feet
to 103 feet, reduce the north side setback from 15 feet to three feet, reduce the south side
setback from 15 feet to five feet, and to permit general office use in the IRT District, as
part of a Comprehensive Infill Redevelopment Project.
Proposed Use: A 5,000 square-foot administrative business office building.
Presenter: W. Ryan Givens, Planner.
2. Case: FL 01-02-09 - 1430 and 1432 Rogers Street and 1433 Court Street
Owner/Applicant: McDowell Holdings, Inc.
Location: 0.66 acres located on the north side of Rogers Street, south of Court Street,
approximately 100 feet west of San Remo Avenue.
Zoning: LMDR, Low Medium Density Residential District.
Request: Flexible Development approval to permit a non-residential, off-street, parking
facility in the LMDR, Low Medium Density Residential District.
Proposed Use: An II-space, non-residential, off-street parking facility.
Presenter: Mark T. Parry, Planner.
E. APPROVAL OF MINUTES OF PREVIOUS MEETINGS: May 15, 2001
F. DIRECTOR'S ITEMS:
. Discussion of Code amendment regarding boats docks and newsracks
. Update on Frenchy's Appeal
. Discussion of correspondence from Board Member Mazur
G. ADJOURNMENT
\IMS2\PDSIPlanning DeparlmentlC D Blagendas DRC & CDBICDBI200JI06JunelCDB agenda 6-J9-200J.doc
CDB agenda - June 19,2001 - Page 3
. N \/-\liaO &
e; ~ ~arwater City Commission
FILE COpylA~rMernorandum
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W orksession Item #
Final Agenda Item #
SUBJECT/RECOMMENDATION: ~
Amendments to the Community Development Code
MOTION: APPROVE text amendments to the Community Development Code and PASS Ordinance
No. 6795-01 on first reading.
Meeting Date 6-21-01
o and that the appropriate officials be authorized to execute same.
SUMMARY: In March 200 I, the City Commission requested further review of proposed revisions to the
dock and newsrack regulations that were included in Ordinance No. 6680-01. The Commission directed staff
to gain additional input on the dock requirements. The Commission also wanted additional time to consider
reducing the separation requirement for modular newsracks from 300 feet back to the original separation
requirement of 100 feet.
Since March, staff has met with representatives of Sand Key, the Marine Advisory Board, the Environmental
Advisory Board, and the newspaper industry.
Staff made the following changes the dock and newsracks regulations based on input received. A summary of
those amendments made since March are as follows:
· Required commercial docks to be approved by the Community Development Board (CDB) (the
Harbormaster and the Environmental Manager of the Public Works Administration will assist in dock
review through participation in Development Review Committee review prior to CDB hearing); added
environmental and navigational criteria for commercial docks; permitted multi-use docks to be a Level I
(minimum standard) approval provided the deck area is less than 500 feet; require<;l multi-use docks
exceeding 500 square feet in deck area to be treated as commercial docks; prohibited dredging to obtain
navigable water depths for any new dock; and
· Exempted single newsracks located within drive-through lanes from compliance with the 100 feet radius
separation requirement.
Reviewed Originating Department: Costs: Commission Action:
by:
Legal Planning and D~ent o Approved
Budget N/A Gina L. Clayton Total o Approved with
U.e, Dep.rtme'" ~ Conditions
Purchasing N/A 0 Denied
Risk Mgmt. N/A Current Fiscal Year 0 Continued to:
IS N/A Funding Source:
ACM N/A o Capitallmprovemenl:
Other N/A Advertised: 0 Operating:
Date: 0 Other: Attachments:
Paper: Planning Dept. Staff Report
Submitted 0 Not Required Appropriation Code Ordinance No. 6795-01
by:
Affected Parties
0 Notified
City Manager 0 Not Required 0 None
n:
"'., Printed on recycled paper
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To: Bill Morris, Cyndi Tarapani, Gina Clayton
From: Kevin Teismann, President Sand Key Civic Association
Re: Proposed Commercial Dock Ordinance dated May 8.
Date: May 23, 2001
On behalf of the Sand Key Civic Association I would like to comment on the
subject draft ordinance.
We appreciate the effort and the professionalism of the City staff in
preparing the language of the proposed dock ordinance to
incorporate the issues raised at the Commission workshop on this
matter. We believe that the proposed regulatory scheme meshes well
with the County regulations regarding this issue. In particular, the
proposed ordinance addresses the need for community input through
a Level Two review of any commercial dock applications and that a
Level One review is appropriate for Multi-Use Docks.
. We have particular comments regarding some of the language and
D\~r\f cht1Jr1tl ~ specific areas of the subject draft:
wcCvJ W ~ ~ While we agree that multi-use docks should be Level 1
CVY\~ (s..M I.' PC vJN.Areview we believe that a 500 square feet criteria may be too
'-"1. large. We would suggest 300 square feet as an appropriate
limit.
Unlike the Pinellas County Water and Navigation Control
Authority Regulations no reference is made to marinas.
Why?
Add to Section C.4. e.i. "... the bottom of the water body at
either mean low tide or ordinary low water."
Add to Section C.4.fii. "... comprehensive wetland use
plan, national wildlife refuges, Florida outstanding waters or
other designated preservation areas. and bird sanctuaries."
"' . J . Add to Section D.2.a. "... such repair shall require a permit
cL..d^- 1- tAd -? and the review and approval by the. . . ".
..J.J A~ (}..&~ ___~ Add to Sectio~ D.2.b. "... or repaired within 60 days so as
kf Bu ddlMo ~(A ntd:nform...
v- -. ~ We wisfi to withhold comment at this time on any other parties
proposed changes until all positions are distributed and reviewed.
As they become available please provide me with any comments
received from other parties. Thank you.
}\orvlAod ~ .
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Proposed Dock Provisions for the City of Clearwater
Community Development Code Section 3-601
May 8, 2001
A. City Aooroval and Pinel/as County Water and NaviGation Control Authoritv
Permit Reauired. All docks which are proposed to be constructed. added
to. or structurally altered shall receive approval by the City and obtain a
permit from the Pinellas County Water and Naviqation Control Authority.
B. City Aooroval Procedures. Review and approval by the Community
Development Coordinator shall be required prior to the issuance of a
permit from the Pinellas County Water Naviqation Control Authority. Such
approval shall be considered a level one (minimum standard approval) or
level two (flexible development) approval in accordance with the
provisions of Article 4 Divisions 3 and 4.
C. New Docks.
1. DredGinG Prohibited. Dredqinq to obtain naviqable water depths in
coniunction with any dock facility is expressly prohibited.
2. Docks. boatlifts and service catwalks that serve sinG/e-familv or two-
familv dwellinas.
a. Setbacks. A dock shall be located in the center one-third of the
lot or 20 feet from any property line as extended into the water.
whichever is less. unless the dock is proposed to be shared by
adioininq properties whereupon the dock may be constructed on
the common property line provided that all other standards of
this division are met. Boatlifts and service catwalks shall be a
minimum of ten feet from any property line extended into the
water. Tie poles shall be setback a minimum of one foot from
any extended property line. Sinqle pile davits and personal
watercraft lifts are exempt from these setback requirements
provided they are contained entirely within the extended
property lines.
b. LenGth. The lenqth of docks and boatlifts shall not exceed 25
percent of the width of the waterway or half of the width of the
property measured at the waterfront property line. whichever is
less. Tie poles may extend beyond the dock provided such
poles do not exceed 25 percent of the width of the waterway
and do not constitute a naviqational hazard.
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c. Width. The width of docks, excludinq boatlifts. shall not exceed
35 percent of the width of the property measured at the
waterfront property line or 50 feet, whichever is less.
d. Covered boatlifts. Covered boatlifts are permitted provided a
permanent and solid roof deck is constructed with material such
as asphalt shinqles. metal, tile or wood. Canvas and canvas
like roof materials are prohibited. Vertical sidewalls are
prohibited on any boatlift or dock.
e. Number of slips. No dock shall provide more than two slips for
the moorinq of boats, except as houseboats may otherwise be
permitted consistent with Chapter 33 of the City's Code of
Ordinances. Slips shall be for the exclusive use of the residents
of the contiquous upland property. Personal watercraft lifts are
not considered to be boat slips.
f. Width of Catwalks. Service catwalks shall not exceed three feet
in width.
g. Deviations. Deviations from the requirements of this section
may be qranted by the Community Development Coordinator
based on one of the followinq reasons:
iJ y-€a-&\ (L,
.> ii\ mean low water depth of XX"; or
ii. the need to protect environmentally sensitive areas as
required by the Pinellas County Water and Naviqation
Control Authority; or
III. property confiquration which precludes the placement of
dock structure similar in dimensional characteristics as
surroundinq dock patterns.
Deviations may be qranted as a Level One approval (minimum
standard) provided that siqned and notarized statements of no
obiection are submitted from adiacent waterfront property owners,
as well as siqned and notarized statements on the Pinellas County
Water and Naviqation Control Authority permit application. In the
event statements from the adiacent property owners cannot be
obtained or the proposed dock does not meet one of the criteria
listed above, such deviations may be reviewed by the Community
Development Board as a Level Two application.
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3. Multi-Use Docks. A multi-use dock. which is any dock owned in
common or used by the residents of a multi-family development.
condominium. cooperative apartment, mobile home park or attached
zero lot line development shall be permitted as a Level I minimum
standard use provided such dock is less than 500 square feet in deck
area and complies with the dimensional provisions set forth in Section
3-601(C)(4)(h). Deviations to the dimensional requirements may be
qranted pursuant to the provisions of Section 3-601 ((C)(2)(q) above.
4. Commercial Docks. A commercial dock. which is any dock. pier. or
wharf used in connection with a hotel. motel or restaurant where the
slips are not rented. leased or sold. or used in connection with a social
or fraternal club or orqanization and used only by its membership, or is
constructed and maintained by the City of Clearwater. Pinellas County
or by any state or federal aqency, shall be permitted only as a Level
Two flexible development use and reviewed by the Community
Development Board (CDB). Any multi-use dock with a deck area
exceedinq 500 square feet shall be treated as a commercial dock. All
commercial docks shall be reviewed for compliance with the followinq
criteria.
a. Use and Compatibilitv.
i. The proposed dock shall be subordinate to and contributes to the
comfort. convenience or necessities of the users or the
occupants.
ii. The proposed dock shall be in harmony with the scale and
character of adiacent properties and the neiqhborhood in qeneral.
iii. The proposed dock shall be compatible with dock patterns in the
qeneral vicinity.
b. Impacts on Existina Water Recreation Activities. The use of the
proposed dock shall not adversely impact the health. safety or well
beinq of persons currently usinq the adiacent waterways for
recreational and/or commercial uses. Furthermore. it shall not hinder
or discouraqe the existinq uses of the adiacent waterway by uses
includinq but not limited to non-motorized boats and motorized boats.
c. Naviaation Impacts. The existence and use of the proposed dock shall
not have a detrimental effect on the use of adiacent waters for
naviqation. transportation. recreational or other public conveniences.
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d. Imoacts on Marine Environment.
i. Docks shall be sited to ensure that boat access routes avoid
iniury to marine qrassbeds or other aquatic resources in the
surroundinq areas.
ii. Docks shall not have an adverse impact upon natural marine
habitats, qrass flats suitable as nursery feedinq qrounds for
marine life, or established marine soil suitable for producinq plant
qrowth of a type useful as nursery or feedinq qrounds for marine
life manatee sanctuaries; natural reefs and any such artificial
reef which has been developed and associated flora and fauna
which have been determined to be approachinq a typical natural
assemblaqe structure in both density and diversity; oyster beds;
clam beds; known sea turtle nestinq site; commercial or sport
fisheries or shell fisheries areas; and habitats desirable as
iuvenile fish habitat.
e. Imoacts on Water Qualitv.
I. All turninq basin, access channels, boat moorinq areas and any
other area associated with a dock shall have adequate circulation
and existinq water depths to ensure that a minimum of a one foot
clearance is provided between the deepest draft of a vessel and
the bottom of the waterbody at mean or ordinary low water.
ii. The dock shall not affectively cause erosion, extraordinary storm
drainaqe, shoalinq of channels, or adversely affect the water
quality presently existinq in the area or limit proqress that is beinq
made toward improvement of water quality in the area in which
the dock is proposed to be located.
f. Impacts on Natural Resources.
i. The dock shall not have a material adverse impact upon the
conservation of wildlife, marine life, and other natural resources,
includinq beaches and shores, so as to be contrary to the pubic
interest.
ii. The dock shall not have an adverse impact on veqetated areas;
veqetative, terrestrial. or aquatic habitats critical to the support of
listed species providinq one or more of the requirements to
sustain their existence, such as ranqe, nestinq or feedinq
qrounds; habitats which display bioloqical or physical attributes
which would serve to make them rare within the confines of the
City; desiqnated preservation areas such as those identified in the
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comprehensive land use plan. national wildlife refuoes. and bird
sanctuaries.
g. Impacts on Wetlands Habitat/Uplands. The dock shall not have a
material adverse affect upon the uplands surroundino.
h. Dimensional Standards.
i. Setbacks. All commercial and multi-use docks shall be located so
that no portion of such dock is closer to any property line as
extended into the water than ten percent of the applicant's
property width measured at the waterfront property line. Multi-use
private and commercial docks abuttinq adiacent waterfront sinqle-
family or two-family property must be setback a minimum of one-
third (1/3) of the applicant's waterfront property width from the
adiacent waterfront sinqle-family or two-family property.
ii. Lenath. The lenqth of commercial and multi-use docks shall not
extend from the mean hiqh water line or seawall of the applicant's
property more than seventy-five percent of the width of the
applicant's property measured at the waterfront property line. Tie
poles may extend beyond the dock provided such poles do not
extend 25 percent of the width of the waterway and do not
constitute a naviqational hazard.
iii. Width. The width of commercial and multi-use dockinq facilities
shall not exceed seventy-five percent of the width of the
applicant's property measured at the waterfront property line.
iv. Covered boatlifts. Covered boatlifts are permitted provided a
permanent and solid roof deck is constructed with material such
as asphalt shinqles. metal. tile or wood. Canvas and canvas like
roof materials are prohibited. Vertical sidewalls are prohibited on
any boatlift or dock.
v. Deviations. Deviations from the requirements of this section may
be considered and approved by the Community Development
Board in order to meet the naviqational and environmental
standards for dock review.
i. Publiclv owned facilities. Roof structures shall be permitted on publicly
owned boardwalks. observation platforms. elevated nature trails and
other such structure not intended for use as a dock facility. Vertical
walls shall not be allowed.
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D. Existina docks and lifts and repairs.
1. Existina docks and lifts. New boat lifts installed in previously permitted
wet slips are exempt from setback standards so lona as such lifts are
entirely contained within the property lines as extended into the water.
2. Repairs.
a. Any repair made to an existina approved dock that does not
extend, enlarae or substantially chanae the location of any
portion of the dock does not require review and approval by the
Community Development Coordinator however, a permit may
be required by the Pinellas County Water and Naviaation
Control Authority. If. however. such repair enlarqes, extends,
or substantially chanaes the location of any portion of the dock,
such repair shall require the review and approval by the
Community Development Coordinator prior to the issuance of a
permit by the Pinellas County Water and Naviaation Control
Authority. The review of a substantial repair shall be pursuant
to the standards described in this section.
b. If any dock, seawall, bulkhead, private bridae, or marina falls
into a state of disrepair and becomes a danaerous structure
creatina an unreasonable risk of bodily iniury to any person
who may walk thereon. such structure shall be either removed
or repaired so as to conform with the requirement of this
division.
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· Clayton, Gina
From:
Sent:
To:
delta-seven@att.net
Monday, May 14, 2001 2:36 PM
eob1072720@msn.com; hanklil@aol.com; nicholas_matsis@prusec.com;
densinequity@ij.net; w2ds@tampabay.IT.com; captk1@tampabay.IT.com;
merideanonsandkey@tampabay.IT.com; marineent@aol.com; gaylorbw@tampabay.IT.com;
speecer2.com; mrsfandf@hotmail.com; arkenemuSS@aol.com; Imtskey@aol.com;
njonbeach@email.msn.com;lacalio@aol.com;gclayton@cJearwater-f1.com
Comments on the May 8th draft dock ordinance as delivered to the Marine Advisory Board
Subject:
Tom Horn, Chairman, Marine Advisory Board
CC Cyndi Tarapani, Clearwater Planning Department
CC bye-mail to list provided
May 11, 2001
RE: Comments on the May 8th draft dock ordinance as
delivered to the Marine Advisory Board.
Please accept these comments in the constructive sense in
which they are offered. If they are strong, it only
reflects the strength of the need for a change to be
considered and they are not meant to be offensive to any
of those who worked so hard to prepare them in such a
short time.
Paragraph A
"\
The reference to the PCWNCA in both paragraphs A and D.2
(repairs) requires county approval to the city approval.
The county policy is to require city approval first.
The situation as worded creates a catch 22. Change this
to require that a county permit be obtained prior to the
commencement of any construction or to obtaining an
actual building permit.
No -7
Paragraph A also states that "All docks which are
proposed.....shall receive approval...." This may limit
the city's ability to deny and only allow staff to
require reductions and changes to proposals.
Paragraph B
At the meeting everyone agreed that the harbor master
would decide when a project should go to the board for a
recommendation. This is because we all trust Bill. An
ordinance must be written so that if people or attitudes
change, the process remains as intended. Add a sentence
that all new commercial dock applications and all
applications which propose the addition of more than
three slips or more than 500 square feet of new deck area
.IDust be presented to the MAB for a recommendation. The
criteria of" three slips or :JUU square feet TSar13I1:rary
on my part. Select criteria most suitable to the city
purposes in the actual language.
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SPECIAL NOTE: The harbor master review is not in this
ordinance and it should be listed as a part of the
approval procedure(Paragraph B). While this may be
included in other ordinances, the dock ordinance should
be usable as a step by step guide for people seeking
1
There does not appear to be any mechanism for
approval of a marina. Is it the intent of the city to
prohibit all marinas except those run by the city? That
is the way the language reads now. That is very probably
not constitutional as the city would be competing with
private enterprise and using an ordinance to create a
monopoly. This interpretation may be an artifact of the
very confused definition of Commercial Dock.
It would be beneficial to create a definition
section rather than define things using phrases in
lengthy sentences.
There is a conflict in intent wherein a club with
a privately owned parcel could not put up a dock but the
city could put up a dock for use by private clubs.
Either that or the commas and repeated use of or in the
definition is unclear. See comment above.
Agreement between subordinate and contributes. '
4a is reminiscent of zoning criteria and perhaps
should be relegated to that part of municipal code As an
alternative, it may be useful to examine a subcategory 0
General Commercial Zoning that would indicate whether a
marina or other commercial dock is appropriate within
that zone.
4b and c are overlapping and extremely
problematic in implementation. I very strongly suggest
examining how this would be put into practice before
settling on this language. There are no criteria in this
section and the words used are very strict. Consider the
desire of the city to install a dock at Coachman Park. A
single fisherman could easily terminate the project.
Since it includes a reference to motorized craft, a local
canoeist who may be "discouraged" from canoeing in the
area because of a one slip mooring could terminate the
_ proj_ec~di.i (and throughout) will eliminate all new ~i ~ jrn vY\
structu~es and all expansions of any sort because the ~ ~ . LJ
language is extreme. There are no structures which will. ell (l' A.fI A Nl LV
not have an adverse impact on any of the resources as ~.....J ~ V' I U'-/
listed. I would suggest that the impact be assessed as 0 . ~/^ ~
accepta~le ~r unacce~tab~e instead and then include ~ 5\J .' ^ /pp ~
ulatlve lmpact crlterla. rn v.x , '^^ .
4d and f are redundant to a degree but d is more ' . .J.,,' .-Hm:vv
restrictive. ~ VYlvll a~'
-~/ "~~ .~
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approval. Language or a reftltnce
approval should be prominent.
to the harbor master's
SPECIAL NOTE: There appears to be no means for the
expansion of existing docks, especially commercial ones.
Section C is for new docks and D only addresses
setbacks. The paragraph under repairs talks about
relocation but only requires approval by the Community
Development Coordinator and sets no standards. While it
may be presumed that such a relocation would fall under
the new dock criteria it is not so stated.
Paragraph C4
The criteria under paragraph C4 are very confused. This
is primarily due to run on sentences, a lack of
definitions, and overlap between the subsections.
e
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Odd V~~SJ2 ~
b LPC 5~
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-.----
There are numerous other problems related to
implementation. I reiterate my comments made in the MAB
2
d1CLY1Cf fl)l1~
~
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meeting of May 9, 2001, that the
superior overnments be examined
riterla used as a guide.
regulations of other)
in detail and the
I further reiterate my comments that this is a far
reaching ordinance and that it's place on the agenda of
the MAE and EAB be widely advertised to obtain the
maximum input available. While this may result in a lot
of discussion and with a lot more people, it might be
better to have that now rather than later.
Finally, in the interim, I recognize that the City has
citizens in need of permits and the passage of this
ordinance is perceived as necessary for that to occur. I
suggest that rather than rush an ordinance like this,
that the city authorize by resolution the city manager,
planning director, environmental director, and harbor
master to review and issue permits based on their
collective best professional judgement until such time as
an effective ordinance can be drafted. In the absence of
municipal criteria, county, state, and federal criteria
may be used.
Respectfully,
Thomas R. Cuba, Ph.D., CEP, CLM, FREP
President, Delta Seven Inc.
Thomas R. Cuba, Ph.D., CLM, CEP
Florida Registered Environmental Professional 009
Delta Seven is recognized as a Florida Registered
Professional Environmental Corporation.
http://www.Delta-Seven.com
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Delta 5w~J TM
General Environmental Consulting
P.O. Box 3241
St. Petersburg, FL 33731
Ph: 727-823-2443
Fx: 727-550-2513
Delta-Seven@worldnet.att.net
http://home . att. net! ~Del ta -Seven/
Tom Horn, Chairman, Marine Advisory Board
CC Cyndi Tarapani, Clearwater Planning Department
CC bye-mail to list provided
. MAY 1 ~ 2001
May 11, 2001
PLAN;'J!'!G &, (1hV~: CJM>':~TSVCS
L'" "'~".;~l' : .'.',':' r
RE: Comments on the May 8th draft dock ordinance as delivered to the Marine Advisory Board.
Please accept these comments in the constructive sense in which they are offered. If they are
strong, it only reflects the strength of the need for a change to b . --_~.l~M~ "...<1 tnpv ~rp not
meant to be offensive to any of those who worked so hard to prl
Paragraph A
The reference to the PCWNCA in both paragraphs A and D.2 (
to the city approval. The county policy is to require city appro'
creates a catch 22. Change this to require that a county permit
commencement of any construction or to obtaining an actual bl
Paragraph A also states that "All docks which are proposed.....
may limit the city's ability to deny and only allow staff to requi
proposals.
Paragraph B
OYlJ- h6Jlm
Co/fJOC#f
{h/t#V/
At the meeting everyone agreed that the harbor master would decide when a project should go to
the board for a recommendation. This is because we all trust Bill. An ordinance must be written
so that if people or attitudes change, the process remains as intended. Add a sentence that all new
commercial dock applications and all applications which propose the addition of more than three
slips or more than 500 square feet of new deck area must be presented to the MAB for a
recommendation. The criteria of three slips or 500 square feet is arbitrary on my part. Select
criteria most suitable to the city purposes in the actua11anguage.
SPECIAL NOTE: The harbor master review is not in this ordinance and it should be listed as a
f
.
e
e
part of the approval procedure(Paragraph B). While this may be included in other ordinances, the
dock ordinance should be usable as a step by step guide for people seeking approval. Language
or a reference to the harbor master's approval should be prominent.
SPECIAL NOTE: There appears to be no means for the expansion of existing docks, especially
commercial ones. Section C is for new docks and D only addresses setbacks. The paragraph
under repairs talks about relocation but only requires approval by the Community Development
Coordinator and sets no standards. While it may be presumed that such a relocation would fall
under the new dock criteria it is not so stated.
Paragraph C4
The criteria under paragraph C4 are very confused. This is primarily due to run on sentences, a
lack of definitions, and overlap between the subsections.
· There does not appear to be any mechanism for approval of a marina. Is it the intent of
the city to prohibit all marinas except those run by the city? That is the way the language
reads now. That is very probably not constitutional as the city would be competing with
private enterprise and using an ordinance to create a monopoly. This interpretation may
be an artifact of the very confused definition of Commercial Dock.
· It would be beneficial to create a definition section rather than define things using phrases
in lengthy sentences.
· There is a conflict in intent wherein a club with a privately owned parcel could not put up
a dock but the city could put up a dock for use by private clubs. Either that or the
commas and repeated use of or in the definition is unclear. See comment above.
· Agreement between subordinate and contributes.
· 4a is reminiscent of zoning criteria and perhaps should be relegated to that part of
municipal code As an alternative, it may be useful to examine a subcategory of General
Commercial Zoning that would indicate whether a marina or other commercial dock is
appropriate within that zone.
· 4b and c are overlapping and extremely problematic in implementation. I very strongly
suggest examining how this would be put into practice before settling on this language.
There are no criteria in this section and the words used are very strict. Consider the desire
of the city to install a dock at Coachman Park. A single fisherman could easily terminate
the project. Since it includes a reference to motorized craft, a local canoeist who may be
"discouraged" from canoeing in the area because of a one slip mooring could terminate the
project.
· 4dii (and throughout) will eliminate all new structures and all expansions of any sort
because the language is extreme. There are no structures which will not have an adverse
impact on any of the resources as listed. I would suggest that the impact be assessed as
acceptable or unacceptable instead and then include cumulative impact criteria.
· 4d and f are redundant to a degree but d is more restrictive.
There are numerous other problems related to implementation. I reiterate my comments made in
f
.
e
e
the MAB meeting of May 9,2001, that the regulations of other superior governments be
examined in detail and the criteria used as a guide.
I further reiterate my comments that this is a far reaching ordinance and that it's place on the
agenda of the MAB and EAB be widely advertised to obtain the maximum input available. While
this may result in a lot of discussion and with a lot more people, it might be better to have that
now rather than later.
Finally, in the interim, I recognize that the City has citizens in need of permits and the passage of
this ordinance is perceived as necessary for that to occur. I suggest that rather than rush an
ordinance like this, that the city authorize by resolution the city manager, planning director,
environmental director, and harbor master to review and issue permits based on their collective
best professional judgement until such time as an effective ordinance can be drafted. In the
absence of municipal criteria, county, state, and federal criteria may be used.
Respectfully,
/:~~ /4.
Thomas R. Cuba, Ph.D., CEP, CLM, FREP
President, Delta Seven Inc.
gayfo't Engin!'ting
e
Civil Engineering
Land Planning
Recycling Systems
Ethanol Plants
Process En~ineering
Sent via fax 562-4576) and U.S. Mail
May 9, 2001
400 Douglas Avenue . Suite C . Dunedin, FL 34698
(727) 785-8844 FAX (727) 736-2953
E-Mail: gaylormg@tampabay.rr.com
Ms. Gina Clayton
Planning Department
City of Clearwater
100 South Myrtle
Clearwater, Florida 33756-5520
Re: Comments on May 8,2001 Draft of Proposed Dock Provisions
City of Clearwater Community Development Code Section 3-601
Dear Ms. Clayton:
Doug Speeler and I appreciate the opportunity to comment on the subject draft code. Our comments are
as follows:
C.1 Dredaina Prohibited.
As written the City code prohibits all dredging. This is generally in agreement with existing DEP rules that
either prohibit or strongly discourage new dredging. However, essentially all of the regulatory agencies
recognize the need for maintenance dredging, Le., redredging areas that were previously dredged in order
to restore water depths. Specifically Chapter 40D-4, Florida Administrative Code, Section 40D-
4.051 (12)(d), states "The performance of maintenance dredging of existing manmade canals, channels,
basins, berths, and intake and discharge structures..........provided no more dredging is performed than
is necessary to restore the canal, channels, basins, berths, and intake and discharge structures to original
design specifications........." It is recommended that the City adopt maintenance dredge criteria in
accordance with the DEP criteria noted above.
It should also be noted that Clearwater is currently working with the Army Corps for maintenance dredging
of the Clearwater Pass navigation channel. In the April 25,2001 Public Notice distributed by the Army
Corps, under the section entitled Work & Purpose, it states, "The proposed work consists of performing
routine maintenance dredging of the ...."
4.e. Impacts on Water Qualitv
As written, the draft states the dock shall have existing water depths to ensure that a minimum of one foot
clearance is provided between the deepest draft of a vessel and the bottom of the waterbody at mean
or ordinary low water. This is a very difficult criteria to enforce in that while you may condition a permit
that the boats that use a particular facility can have a draft not exceeding some number, it is difficult to
monitor compliance.
I would note the following to you:
Florida Administrative Code, Section 18-20.019 Boca Ciega Bay and Pinellas County Aquatic Preserve,
Section (8)(a) "Docking facilities shall be authorized only in locations having adequate circulation and
existing water depths in the boat mooring, turning' basin, access channels, and other such areas which
will accommodate the proposed boat use. This depth shall be a minimum of minus three (3) feet at mean
or ordinary low water." This rule, administered by the DEP, applies to all docking facilities located in
Pinellas County on state-owned lands.
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"""
While there are other criteria for water depth used by other agencies, such as the criteria of 18" below
mean low water used by Pinellas County [reference Pinellas County Code Section 166-321 (f)], it is
recommended that the City adopt the requirement that water depth be a minimum of three feet below
mean low water for commercial docks. This approach is reasonable in that any commercial dock facility
must obtain a DEP permit and must, therefore, meet the three foot below mean low water criteria. It is
recommended that the City code be silent to water depths for private docks as the County code
adequately addresses water depths for private docks.
Should you have any questions regarding our comments, please give me a call.
My regards,
~ c d../
/tJ<.. -, /y - -
Bill Woods
Gaylor Engineering
cc: Doug Speeler
\\Station 1\projects\Miscellaneous\BiII Misc\Comments on Clearwater Dock Code.wpd
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~ 05-09-2001 03:43PM FR~GAYLOR ENGINEERING
r-ga!J[o~ Enf}inEE/tlnf}
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5624576 P.01
eMI EnglneerinQ
Land Planning
l<ecycllng Systems
EthanOl PIonts
Process Englneerlryg
Sent via fax (562-4576) and U.S. Mail
Ms_ Gina Clayton
Planning Department
City of Clearwater
100 South Myrtle
Clearwater, Florida 33756-5520
May 9, 2001
400 Douglas Avenue · SUIte C . Dunedin. Fl 34698
(727) 78&-8844 FAX (727) 736-2953
E-MaU: gaylormg@tampabay.rr,com
Re: Comments on May 8,2001 Draft of Proposed Dock Provisions
City of Clearwater Community Development Code Section 3-601
Dear Ms. Clayton:
Doug Speeler and I appreciate the opportunity to comment on the subject draft code. Our comments are
as follows:
C-1 Dredaina Prohibited.
As written the City code prohibits all dredging. This is generally in agreement with existing DEP rules that
either prohibit or strongly discourage new dredging. However, essentially all of the regulatory agencies
recognize the need for maintenance dredging, Le., redredging areas that were previously dredged in order
to restore water depths. Specifically Chapter 40D-4, Florida Administrative Code, Section 40D-
4.051 (12)(d), states -The perfonnance of maintenance dredging of existing manmade canals, channels,
basins, berths, and intake and discharge structures..........provided no more dredging is performed than
is necessary to restore the canal, channels, basins, berths, and intake and discharge structures to original
design specifications...____.." It is recommended that the City adopt maintenance dredge criteria in
accordance with the DEP criteria noted above_
It should also be noted that Clearwater is currently working with the Army Corps for maintenance dredging
of the Clearwater Pass navigation channel. In the April 25, 2001 Public Notice distributed by the Anny
Corps, under the section entitled Work & Purpose, it states, "The proposed work consists of performing
routine maintenance dredging of the ...:
4.e. Impacts on Water auali~
As written, the draft states the dock shall have existing water depths to ensure that a minimum of one foot
clearance is provided between the deepest draft of a vessel and the bottom of the waterbody at mean
or ordinary low water. This is a very difficult criteria to enforce in that while you may condition a permit
that the boats that use a particular facility can have a draft not exceeding some number, it is difficult to
monitor compliance.
I would note the following to you:
Florida Administrative Code, Section 18-20.019 Boca Ciega Bay and Pinellas County Aquatic Preserve,
Section (8)(a) "DOCking facilities shall be authorized only in locations having adequate circulation and
existing water depths in the boat mooring, turning basin, access channels, and other such areas which
will accommodate the proposed boat use. This depth shall be a minimum of minus three (3) feet at mean
or ordinary low water." This rule, administered by the DEP, applies to all docking facilities located in
Pine lias County on state-owned laolds_
05-09-2001 03:43PM
FR~GRYLOR ENGINEERING
TO
e
5624576
P.02
~
-.,
While there are other criteria for water depth used by other agencies, such as the criteria of 1810 below
mean low water used by Pinellas County [reference Pinellas County Code Section 166-321(f)], it is
recommended that the City adopt the requirement that water depth be a minimum of three feet below
mean low water for commerc;al docks. This approach is reasonable in that any commercial dock facility
must obtain a DEP permit and must, therefore, meet the three foot below mean low water criteria. It is
recommended that the City code be silent to water depths for private docks as the County code
adequately addresses water depths for private docks.
Should you have any questions regarding our comments, please give me a call.
My regards,
$~
Bill Woods
Gaylor Engineering
CC: Doug Speeler
\\Statiorl1\projecls\MsceUaneous\Bill Misc\Comments on CIeaIwater Dock Code.wpd
l..
~
TOTRL P.02
MARINE ADVISORY BOARD SPECIAL MEETING
CITY OF CLEARWATER
June 6, 2001
UNAPPROVED
Present:
Tom Horne
Hank Epstein
Nick Matsis
Paul Kelley
Denis Sparks
Edward O'B rien
Chair
Board Member
Board Member
Board Member
Board Member
Board Member
Absent:
Dick Safirstein
Board Member
Also Present:
William Morris
Tom Miller
Gina Clayton
Brenda Moses
Marine & Aviation Department Director
Assistant Engineering Director/PD&E
Senior Planner
Board Reporter
The Chair called the meeting to order at 8:00 a.m. at the Marina.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
ITEM 2 - Mav 9, 2001, Minutes Approval
The Board Reporter said she inadvertently listed Member A' Brien as being
absent at the May meeting.
Member Epstein moved to approve the minutes of the regular meeting of
April 4, 2001, as corrected. The motion was duly seconded and carried
unanimously.
ITEM 3 - Review final draft of ordinance chanqe re: dock provisions
Senior Planner Gina Clayton reviewed the changes made since the May MAB
(Marine Advisory Board) meeting to Section 3-601 (C)(g) of the dock ordinance. The
following is the final proposed language: (g) Deviations. The Community
Development Coordinator may grant deviations from the requirements of this
section as a Level One approval (minimum standard) provided that signed and
notarized statements of no objection are submitted from adjacent waterfront
property owners, as well as signed and notarized statements on the Pinellas County
Water and Navigation permit application. In the event that such statements cannot
be obtained, applications for deviations may be approved by the Development
review Committee as a Level Two (flexible standard) approval based on one of the
following: (i) The proposed dock will result in no navigational conflicts and the
length of the dock will not exceed 25% percent of the width of the waterway; or
(ii) the proposed dock location needs to be adjusted to protect environmentally
mmab060 1
06/06/01
sensitive areas; or riil1 the property configuration precludes the placement of a
proposed dock in compliance with the required dimensional standards, however, the
proposed dock will be similar in dimensional characteristics as surrounding dock
patterns.
Ms. Clayton said the current Code inadvertently left out commercial
provisions, therefore this new ordinance would cover that use. She said criteria has
been incorporated that would allow for a deviation if approved by the CDB
(Community Development Board). Ms. Clayton said a minor change to the new
language is necessary to include the DRC (Development Review Committee) review.
She said another change to the ordinance would include a cross-reference to a
marina as they are handled differently from docks in the Code. She said the Code
deals with setbacks, etc. on land.
In response to a question, Ms. Clayton said docks are considered an
accessory use. She anticipates that a $50 fee would be charged to applicants for
residential docks, but was unsure of the fee for commercial docks.
Concern was expressed that the proposed ordinance does not address
parking under (C)3d. Ms. Clayton said staff felt there should not be any vehicular
traffic generated by commercial docks as they generally do not rent out slips. She
said the marina is covered under zoning provisions. Marina regulations include
parking requirements based on the number of slips.
Member O'B rien moved to recommend to the Commission approval of the
new ordinance as proposed by staff, including the language presented today. The
motion was duly seconded and carried unanimously.
ITEM 4 - Sailinq Center Utilization
Director of Marine and Aviation Bill Morris said Alder Allensworth, President
of the local Sailability Chapter (a handicapped sailing nonprofit organization), has
developed a handicapped sailing program for the Clearwater Sailing Center. Mr.
Morris said his intent is to ensure the Sailing Center is a community resource
responsive to the needs of the entire community. He said the Sailing Center has
become a room rental facility with marginal boat storage, which has created
dissention about parking and boating. He said Sand Key has expressed interest in
supporting the facility. He said the Sailing Center handicapped program is receiving
some financial commitment and a large number of volunteers have come forth in an
effort to begin using the facility as it was originally intended.
Ms. Allensworth said 3 handicapped-equipped boats have been donated to
the program. She said Mr. Morris made it possible to put in hoyer lifts for patrons
to safely get on and off the special boats. She said plans are to offer sailing
lessons on a limited basis, including sailing time for people with disabilities. The
ultimate goal of the program is to integrate the entire community into the program.
It is important to ensure that people with disabilities and abilities interact and assist
each other. She said she would like to see the community playa more active part
mmab060 1
2
06/06/01
in making the Sailing Center more viable. She said to participate in an "0 pen sail",
one must have passed a boating course, or be a competent sailor. Mr. Morris said
over the weekend, a quadriplegic who participated in the program enjoyed his trip
so much he did not want to come back into shore had to be coaxed back in.
Ms. Allensworth said by August, she hopes that electronics for one of the
boats would be available for those who require it to maneuver their boats. Mr.
Morris said these boats are easy to sail. He hopes to add additional boats in the
near future with the help of a grant. She said a small boat with one sail costs
$2,500; one with 2 sails is $3,500; to add electronics is an additional $1,200 for
each boat. It was remarked that the Coast Guard Auxiliary teaches free boating
courses and students only pay for the textbook. In the future, the Auxiliary hopes
to offer hands on classes in the water.
In response to a question, Mr. Morris said the Sailing Center is a general fund
operation. The Marina and Clearwater Airpark are enterprise funds. He said he
intends to build membership at the Sailing Center rather than change it into an
enterprise fund. The problem is that minimal benefits and programs discourage
people from becoming members.
One member said he has been using the Sailing Center for 10 years. He felt
it has been extremely underutilized and that the City should become more
aggressive and proactive regarding Sailing Center operations. He suggested 1)
promoting the facility to local area businesses and organizations; 2) more heavily
promote local regattas; 3) extend the hours of operations especially in summer; 4)
offer increased lessons for everyone including the disabled; 5) work more closely
with the Coast Guard Auxiliary to offer boats and boating lessons to area
organizations; 6) promote the facility as an Olympic site; and 7) and offer more
educational sailing opportunities.
Six persons spoke regarding use of the Sailing Center. Their comments
included: 1) a need for more boats and instructors; 2) schools and the YMCA could
use the facility; 3) facility does not meet the needs of sailors; 4) concern regarding
nonprofit organizations obtaining prices for regattas in advance; 5) the Sand Key
Civic Association would be willing to support efforts to upgrade and maximum the
facility; 6) accept donations to revive the facility; and 7) create an advisory
committee to the MAS.
Mr. Morris said the City has a special event process for regattas and special
events. Staff is attempting to apply uniform rates for events, including those at the
Sailing Center. He said no additional personnel could be hired due to a moratorium
on hiring. He said he does not want to make the Sailing Center into a business, but
a balance must be created between activities and costs. He felt the Sailing Center
has a decent return for a recreational facility. He said the facility brings in 30 cents
on the dollar by renting out the upstairs conference room for wedding receptions,
not sailing events. He said sailing events do not generally bring in revenues. He
stated creating a reason for people to want to use the facility and become members
is a priority. Mr. Morris said he is not opposed to an advisory committee, however,
mmab060 1
3
06/06/01
he felt it best to invite the public to attend MAB meetings to eliminate separate
agendas and properly obtain public input. He said the public is welcome to attend
monthly meetings to present their opinions and suggestions on marine matters.
In response to a question, Mr. Morris said the Sailing Center could accept
donations as easily as a nonprofit organization. He said successful programs in
other cities are frequently turned over to nonprofits to generate revenues. He said
he would be happy to discuss the possibility with a nonprofit organization in the
future after some of the new rate structures, procedures, etc. are developed.
It was suggested that a MAB member attend tonight's Sand Key Civic
Association meeting at 7:00 p.m. at the Sailing Center. Chair Horne and Member
Epstein said one of them would attend.
ITEM 5 - Other Business
Mr. Morris said on Friday he is meeting with a representative from the FDEP
(Florida Department of Environmental Protection) to discuss grants for recreational
boat docks for boats in excess of 26 feet. The grant also would provide funds for
seagrass surveys, etc. He is considering docks at Coachman Park, Seminole
Launch Ramp, the Yacht Basin, and the City-owned bottomland at Island Estates.
In response to a question, Mr. Morris said there is no proposal for docks at
Island Estates. One person approached him regarding docks at that location and
Mr. Morris told him he would address the possibility of a City project for public
access docks at the Island Estates location. It was remarked that opposition has
been expressed regarding docks at Island Estates.
Mr. Morris said he is planning to put in a mooring field along the Memorial
Causeway to prohibit boats anchoring there and encroaching into the channel. He
said wake zone changes in the Mandalay channel have prevented boaters from
speeding in and out of that channel.
Mr. Morris said next Tuesday he is meeting with the Army Corps of
Engineers regarding dredging for all the channels in Clearwater Harbor south of the
Causeway ranging from the Marina basin to the intercoastal waterway and out
through Clearwater Pass. He said 20 years of photographs would be reviewed to
get a better picture of how the sand has moved in along the resorts on the north
side to Clearwater Pass. He will keep the MAB updated. It was remarked that
dredging is needed in the area on the east side of the channel before Island Estates
when approaching from the intracoastal. Mr. Morris said that area is not on the
maintenance dredging list. Specific information regarding suggested dredging
locations with detailed maps should be forwarded to his attention.
Mr. Morris said "Min imum Wake" signs have been placed in the area north
of the Memorial Causeway bridge up to the Seminole Street launch ramp. Signs
have been changed for the Marina approach to the cut channel. He is waiting for
buoys from the manufacturer.
mmab060 1
4
06/06/01
ITEM 6 - Aqenda for next meeting on July 11. 2001
This item was not discussed.
ITEM 7 - Adiournment
The meeting adjourned at 9:20 a.m.
Attest:
Board Reporter
mmab060 1
5
Chair
Marine Advisory Board
06/06/01
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Proposed Dock Provisions for the City of Clearwater
Community Development Code Section 3-601
May 8, 2001
A. City Approval and Pinel/as County Water and Naviqation Control Authority
Permit Required. All docks which are proposed to be constructed. added
to. or structurally altered shall receive approval by the City and obtain a
permit from the Pinellas County Water and Naviqation Control Authority.
B. City Approval Procedures. Review and approval by the Community
Development Coordinator shall be required prior to the issuance of a
permit from the Pinellas County Water Naviqation Control Authority. Such
approval shall be considered a level one (minimum standard approval) or
level two (flexible development) approval in accordance with the
provisions of Article 4 Divisions 3 and 4.
C. New Docks.
rohibited.
a. Setbacks. A dock shall be located in the center one-third of the
lot or 20 feet from any property line as extended into the water,
whichever is less, unless the dock is proposed to be shared by
adioininq properties whereupon the dock may be constructed on
the common property line provided that all other standards of
this division are met. Boatlifts and service catwalks shall be a
minimum of ten feet from any property line extended into the
water. Tie poles shall be setback a minimum of one foot from
any extended property line. Sinqle pile davits and personal
watercraft lifts are exempt from these setback requirements
provided they are contained entirely within the extended
property lines.
b. Lenqth. The lenqth of docks and boatlifts shall not exceed 25
percent of the width of the waterway or half of the width of the
~roperty measured at the waterfront property line, WhlcheverTs
less. Tie poles may extend beyond the dock provided such
poles do not exceed 25 percent of the width of the waterway
and do not constitute a naviqational hazard.
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c. Width. The width of docks, excludinq boatlifts, shall not exceed
35 percent of the width of the property measured at the
waterfront property line or 50 feet, whichever is less.
d. Covered boatlifts. Covered boatlifts are permitted provided a
permanent and solid roof deck is constructed with material such
as asphalt shinqles, metal, tile or wood. Canvas and canvas
like roof materials are prohibited. Vertical sidewalls are
prohibited on any boatlift or dock.
e. Number of slips. No dock shall provide more than two slips for
the moorinq of boats, except as houseboats may otherwise be
permitted consistent with Chapter 33 of the City's Code of
Ordinances. Slips shall be for the exclusive use of the residents
of the contiquous upland property. Personal watercraft lifts are
not considered to be boat slips.
f. Width of Catwalks. Service catwalks shall not exceed three feet
in width.
g. Deviations. Deviations from the requirements of this section
may be qranted by the Community Development Coordinator
based on one of the followinq reasons:
~ I. mean low water depth of XX"; or
ii. the need to protect environmentally sensitive areas as
required by the Pinellas County Water and Naviqation
Control Authority; or
III. property confiquration which precludes the placement of
dock structure similar in dimensional characteristics as
surroundinq dock patterns.
Deviations may be qranted as a Level One approval (minimum
standard) provided that siqned and notarized statements of no
obiection are submitted from adiacent waterfront property owners,
as well as siqned and notarized statements on the Pinellas County
Water and Naviqation Control Authority permit application. In the
event statements from the adiacent property owners cannot be
obtained or the proposed dock does not meet one of the criteria
listed above, such deviations may be reviewed by the Community
Development Board as a Level Two application.
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3. Multi-Use Docks. A multi-use dock, which is any dock owned in
common or used by the residents of a multi-family development,
condominium, cooperative apartment, mobile home park or attached
zero lot line development shall be permitted as a Level I minimum
standard use provided such dock is less than 500 square feet in deck
area and complies with the dimensional provisions set forth in Section
3-60HC)(4 )(h). Deviations to the dimensional requirements may be (J (Je:.
.~ \ g~~n~d p~~~uant to the provisions of Section 3-601 ((C)(2)(Q) above. IYod, f'
&- ~~~c.0 4. omm ci locks. A commercial dock )~ . '. an dock ier of'
~ >:r JP // wha onnection with:a hotel m te or restaurant where the
OJ \~ 'IT---- sli s not rented eased or sold' . '.. a social a d~
.pJ<:':> v>lY"'" v-,)I or fraterna or or anization a used onl bits membershi · oriS q-fA..!l/ rY
f -flO') / - 1 constructed and maintained by the City of Clearwater, Pinellas ounty c.::::::-
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_ yl^ rjJ"' I 0\ 0. . 'yY'vv' or by any state or federal aqency, shall be permitted only as a Level
:}~ (l ~ e>~ J; Two flexible development use and reviewed by the Community
;rn y r y Development Board (CDB). Any multi-use dock with a deck area
~ ~o vi' exceedinq 500 square feet shall be treated as a commercial dock. All
JJ' ~}:> t:; " c~m~ercial docks shall be reviewed for compliance with the followinq
l\VJ. '1'rJ-,!\\,; criteria.
.' ~'ia. Use and Compatibilitv.
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I. The proposed dock shall be subordinate to and contributes to the
comfort, convenience or necessities of the users or the
occu pants.
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II. The proposed dock shall be in harmony with the scale and
character of adjacent properties and the neiqhborhood in qeneral.
III. The proposed dock shall be compatible with dock patterns in the
qeneral vicinity.
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b. Impacts on Existinq Water Recreation Activities. The use of the
proposed dock shall not adversely impact the health. safety or well
beinq of persons currently usinq the adiacent waterways for
recreational and/or commercial uses. Furthermore, it shall not hinder
or discouraqe the existinq uses of the adjacent waterway by uses
includinq but not limited to non-motorized boats and~ motorized boats.
c. Naviqation Impacts. The existence and use of the proposed dock shall
not have a detrimental effect on the use of adiacent waters for
naviqation, transportation, recreational or other public conveniences.
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I. Docks shall be sited to ensure that boat access routes avoid rr.\;: <;.: tr
iniury to marine qrassbeds or other aquatic resources in the'/ vIr . V". _./
surroundinq areas. ;oJ'.. Y }v\ A
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ii. Docks shall not have an adverse impact upon natural marine vr" c;\ ~
habitats, qrass flats suitable as nursery feedinq qrounds for ~., fvr' ..
marine life, or established marine soil suitable for producinq plant "
qrowth of a type useful as nursery or feeding qrounds for marine l'v! ( \
life manatee sanctuaries; natural reefs and any such artificial,. ( ! ~ ,\, .
reef which has been developed and associated flora and fauna ,~. /..,'';<f \' tf.
which have been determined to be approachinq a typical natural/I 1/ .,.,/, ,~,
assemblaqe structure in both density and diversity; oyster beds;" i I..! I,
clam beds; known sea turtle nestinq site; commercial or sport ("l~'" ,r!" ""
fisheries or shell fisheries areas; and habitats desirable as F'\"
iuvenile fish habitat.
d. impacts on Marine Environment.
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e. Impacts on Water Qualitv.
I. All turninq basin, access channels, boat moorinq areas and any'."
other area associated with a dock shall have ade uate circ IV
and existinq water depths to ensure that a minimum of a(one foot JC.. 1)
clearance is provided between the deepest draft of a vess"En C::IntJ~"'" ____'~'
the bottom of the waterbody at mean or ordinary low water.
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The dock shall not ffectivel cause erosion extraordina storm
drainaqe, shoalinq of channels, or adversely affect the water
quality presently existinq in the area or limit proqress that is beinq
made toward improvement of water quality in the area in which
the dock is proposed to be located.
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Impacts on Natural Resources. rf (' > . _
I. The dock shall not have a material adverse impact upon the 'vv. o~ ~
conservation of wildlife marine life and other natural resour V
~ncludin beaches and shores so as to be contra to the '" ._,..-\
Interest. \ I.Jt)\ \ c,/ \
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II. The dock shall not have.an adverse impact on veqetated areas;
veqetative, terrestrial, or aquatic habitats critical to the support of
listed species providinq one or more of the requirements to
sustain their existence, such as ranqe, nestinq or feedinq
qrounds; habitats which display bioloqical or physical attributes
which would serve to make them rare within the confines of the
City; desiqnated preservation areas such as those identified in the
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comprehensive iand use pian, national wildlife refuqes, and bird
sanctuaries.
g. Impacts on Wetlands Habitat/Uplands. The dock shall not have a
material adverse affect upon the uplands surroundinq.
h. Dimensional Standards.
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I. Setbacks. All commercial and multi-use docks shall be located so
that no portion of such dock is closer to any property line as
extended into the water than ten percent of the applicant's
property width measured at the waterfront property line. Multi-use
private and commercial docks abuttinq adiacent waterfront sinqle-
famil or two-famil ro ert must be setback a minimum of one-
third (1/3) of the applicant's waterfront property width from the
adjacent waterfront sinqle-family or two-family property.
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II. Lenqth. The lenqth of commercial and multi-use docks shall not
extend from the mean hiqh water line or seawall of the applicant's
property more than seventy-five percent of the width of the
applicant's property measured at the waterfront property line. Tie
poles may extend beyond the dock provided such poles do not
/" extend 25 percent of the width of the waterway and do not
constitute a naviqational hazard.
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iii. Width. The width of commercial and multi-use dockinq facilities -75% ~
shall not exceed seventy-five percent of the width of the Wi d1:+\ ~
applicant's property measured at the waterfront properly line. fWOF~
iv. Covered boatlifts. Covered boatlifts are permitted provided a U
permanent and solid roof deck is constructed with material such
as asphalt shinqles, metal, tile or wood. Canvas and canvas like
roof materials are prohibited. Vertical sidewalls are prohibited on
any boatlift or dock.
v. Deviations. Deviations from the requirements of this section may
be considered and approved by the Community Development
Board in order to meet the navi ational and. environ ental '^,.'~
standards for dock review. ,(V(t . O(+(\tV\~L- -.12 \ bY ~ ex
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I. Publiclv owned facilities. Roof structures shall be permitted~ publicly
owned boardwalks, observation platforms, elevated nature trails and
other such structure not intended for use as a dock facility. Vertical
walls shall not be allowed.
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D. Existinq docks and iifts and repairs.
1. Existinq docks and lifts. New boat lifts installed in previously permitted
wet slips are exempt from setback standards so lonq as such lifts are
entirely contained within the property lines as extended into the water.
2. Repairs.
a. Any repair made to an existinq approved dock that does not
extend, enlarqe or substantially chanqe the location of any
portion of the dock does not require review and approval by the
Community Development Coordinator however, a permit may
be required by the Pinellas County Water and Naviqation
Control Authority. If, however, such repair enlarqes, extends,
or substantially chanqes the location of any portion of the dock,
such repair shall require the review and approval by the
Community Development Coordinator prior to the issuance of a
permit by the Pinellas County Water and Naviqation Control
Authority. The review of a substantial repair shall be pursuant
to the standards described in this section. ~:~ 0... f'-lA0 ~ck..
b. If any dock, seawall, bulkhead, private bridqe, or marina falls
into a state of disrepair and becomes a danqerous structure
creatinq an unreasonable risk of bodily injury to any person
who may walk thereon, such structure shall be either removed
or repaired so as to conform with the requirement of this
division.
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Draft Alternative Deviation Language for
Docks Serving Single Family and Two Family Dwellings
June 5, 2001
Section 3-601 (( C)(g)
g. Deviations. The Community Development Coordinator may grant deviations from
the requirements of this section as a Level One approval (minimum standard)
provided that signed and notarized statements of no objection are submitted from
adjacent waterfront property owners, as well as signed and notarized statements
on the Pinellas County Water and Navigation Control Authority permit
application. In the event that such statements cannot be obtained, applications for
deviations may be approved by the Development Review Committee as a Level
Two (flexible standard) approval based on one of the following:
1. The proposed dock will result in no navigational conflicts and the length
of the dock will not exceed 25% percent of the width of the waterway; or
II. The proposed dock location needs to be adjusted to protect
environmentally sensitive areas; or
1l1. The property configuration precludes the placement of a proposed dock in
compliance with the required dimensional standards, however, the
proposed dock will be similar in dimensional characteristics as
surrounding dock patterns.
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ORDINANCE NO. 6795-01
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE COMMUNITY DEVELOPMENT CODE;
AMENDING ARTICLE 3, DEVELOPMENT STANDARDS,
SECTION 3-601, DOCKS BY REVISING THE DOCK
PROVISIONS IN THEIR ENTIRETY; BY AMENDING 3-909 BY
REVISING THE NEWSRACK PROVISIONS IN THEIR
ENTIRETY; BY AMENDING ARTICLE 8 DEFINITIONS AND
RULES OF CONSTRUCTION, SECTION 8-102 BY ADDING
DEFINITIONS OF NEWSRACK AND MODULAR NEWSRACK;
PROVIDING AN EFFECTIVE DATE.
WHEREAS the City of Clearwater has conducted an in-depth review of the dock and
newsrack provisions and determined that the existing requirements need to be amended;
and
WHEREAS, the Clearwater Community Development Board, pursuant to its
responsibilities as the Local Planning Agency, has reviewed these amendments,
conducted a public hearing to consider all public testimony and has determined that this
amendment is consistent with the City of Clearwater's Comprehensive Plan; and
WHEREAS, the Clearwater City Commission has fully considered the
recommendation of the Community Development Board and testimony submitted at its
public hearing; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Article 3, Development Standards, Section 3-601, Dock/Marina
Standards is hereby revised as follows:
Section 3-601. Docks.
1\. Pormit :nqul..-od. 1\11 docks which :::lre proposed to be constructed, :::ldded
to, or structur:::llly altered shall obtain a building permit and a permit from
Pinellas County.
B. P..-ocodu..-os. An application for a building permit for the construction,
addition or structur:::ll :::llteration of a dock sh:::lll be reforred to the City's
Harbormaster to determine the impact of the dock on navigation. If the
Harbormaster determines that the construction, addition or structural
alteration INill not advorsely affect navigation, the application shall be
referred to the community development coordin:::ltor to be considered :::lS a
level one approv:::l1 in :::lccord:::lnce 'Nith the provisions of Article '1 Division
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Ordinance No. 6795 -01
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C. Repair.
1. Rep:::lir or replacement of any residenti:::ll dock, c:::ltwa/k, or portion of :::l
dock or cat\valk that involves 50 percent or more of the dock, cat'lIalk or
boat lift shall required th:::lt the dock, cat'."':::llk, or bO:::lt lift conform to the
length, width :::lnd position requirements of this division.
2. If :::lny dock, 5 eaW:::l II , bulkhead, priv:::lte bridge, or marin:::l is permitted to
fall into disrepair so as to become a dangerous structure cre:::lting an
unreasonable risk of bodily injury to any person who may w:::llk thereon,
such structure sh:::lll be either removed or rep:::lired so :::lS to conform with
the requirements of this division.
D. Docks, boat lift and servico catlllalk setbacks. Docks must be loc:::lted in
the center one third of the lot or 20 foet from any extended property line,
whichever is loss, unloss the dock is proposed to be shared by adjoining
proporties whereupon the dock may be constructed on tho property line
provided that :::lll the other stand:::lrds of this divisions are met. Boat lifts
and service c:::ltw:::llks (three feet maximum width) shall be :::l minimum of
ten feet from any extended proporty line.
E. Longth:. The length of docks and bO:::ltlifts sh:::lll not exceed 25 percent of
the \Nidth of the water\\'ay or h:::llf of the width of the property on which the
dock is to be located, whichever is less.
F. vVidth. The width of a dock sh:::lll not exceed 35 percent of the \Nidth of the
property, me:::lsured at the waterfront or 50 feet, whichever is less.
G. Tie poio setb3cks. /\ minimum of one foot setback from any extended
property line must be m:::lintained. No tie pole shall be :::lIlO'.ved to project
into the navigable portion of a water\\'ay more than 25 percent of such
waterv.'ay.
H. Cover boat .tifts.
1. Covered bO:::lt lifts are permitted provided a perm:::lnent and solid roof deck
is constructed 'Nith materials such as asph:::llt shingles, metal, tilo or 'Nood.
C:::lnvas :::lnd C:::lnvas like materials :::lre prohibited.
2. Vertical sidewalls for boat lifts :::lre prohibited.
I. Single piio davits and porsona! watercraft iifts. Exempt from the setback
criteria so long as such davits and lifts :::lre contained ontirely 'Nithin the
extended property lines.
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Ordinance No. 6795-01
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J. Number of S.~ipS. No dock sh:::lll provide more th:::ln two slips for the
mooring of pleasure cr:::lft, except as houseboats may otherv.'ise be
permitted consistent with Ch:::lpter 33 of the City's Code, '.vhich slips shall
be f{)r the exclusive use of the residents of the contiguous upland
property.
K. Persona! watercraft Ims are not considered to be bO:::lts slips.
L. Existing docks and fiFts.
1. New boat lifts installed in previously permitted wet slips :::lre exempt from
setback standards so long as such lifts are entirely contained 'Nithin the
extended property lines.
2. Repairs.
:::l. Repairs to :::l dock, including mooring piles, require a permit.
b. Repairs to a permitted boat lift sh:::lll not require a permit unless
pilings :::lre replaced. Rep:::lired or reconstructed bO:::lts lifts shall not
have enclosed sides.
c. Repairs to or repl:::lcement of deck boards only do not require a
permit. This exemption does not apply to :::lny support structures
such as stringers, caps or floaters. All deck boards must meet the
minimum construction criteria of Section 166.332(7), Pinellas
County regulations.
3. The h:::lrbormaster may approve deviations to these st:::lnd:::lrds contingent
upon one or more of the following:
a. Approval of the proposed deviation by the :::lffected adjacent
property owner(s)who must sign :::lnd not:::lrize the proposed
construction plan :::lS h:::lving no objection.
b. /\n independent evaluation by the harbormaster's office th:::lt no
navigational or riparian rights conflicts ..viII occur due to the
proposed construction.
c. Property configuration and circumstances that preclude placement
of reasonable dock structures within the above requirements.
M. Publicly O'.vned facilities. Roofed structures sh:::lll be permitted on publicly owned
bO:::lrdw:::llks, observ:::ltion pl:::ltforms, elev:::lted n:::lture tr:::lils and other such structures not
intended for use as a dock facility. Vertical walls shall not be :::lllowed.
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Ordinance No. 6795-01
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A. City Approval and Pinel/as County Water and Naviqation Control Authoritv
Permit ReQuired. No dock may be constructed, added to, or structurally altered
without first obtaininq approval by the City and a permit from the Pinellas County
Water and Naviqation Control Authority.
B. City Approval Procedures. Review and approval by the Community
Development Coordinator and/or the Community Development Board shall be
required prior to the issuance of a permit from the Pinellas County Water
Naviqation Control Authority. Such approval shall be considered a level one
(minimum standard approval) or level two (flexible development) approval in
accordance with the provisions of Article 4 Divisions 3 and 4.
C. New Docks.
1. DredQinQ Prohibited. Dredqinq to obtain naviqable water depths In
conjunction with the construction of a new dock is expressly prohibited.
2. Docks. boatlifts and service catwalks that serve sinqle-familv or two-familv
dwellinqs.
a. Setbacks. A dock shall be located in the center one-third of the lot or
twenty (20) feet from any property line as extended into the water,
whichever is less, unless the dock is proposed to be shared by
adioininq properties whereupon the dock may be constructed on the
common property line provided that all other standards of this division
are met. Boatlifts and service catwalks shall be a minimum of ten (10)
feet from any property line extended into the water. Tie poles shall be
setback a minimum of one (1) foot from any extended property line.
Sinqle pile davits and personal watercraft lifts are exempt from these
setback requirements provided they are contained entirely within the
extended property lines.
b. Lenqth. The lenqth of docks and boatlifts shall not exceed twenty-five
(25) percent of the width of the waterway or half of the width of the
property measured at the waterfront property line, whichever is less.
Tie poles may extend beyond the dock provided such poles do not
exceed twenty-five (25) percent of the width of the waterway and do
not constitute a naviqational hazard.
c. Width. The width of docks, excludinq boatlifts. shall not exceed thirty-
five (35) percent of the width of the property measured at the
waterfront property line or fifty (50) feet, whichever is less.
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Ordinance No. 6795-01
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d. Covered boatlifts. Covered boatlifts are permitted provided a
permanent and solid roof deck is constructed with material such as
asphalt shinqles. metal. tile or wood. Canvas and canvas like roof
materials are prohibited. Vertical sidewalls are prohibited on any
boatlift or dock.
e. Number of slips. No dock shall provide more than two slips for the
moorinq of boats. except as houseboats may otherwise be permitted
consistent with Chapter 33 of the City's Code of Ordinances. Slips
shall be for the exclusive use of the residents of the contiquous upland
property. Personal watercraft lifts are not considered to be boat slips.
f. Width of Catwalks. Service catwalks shall not exceed three feet in
width.
g. Deviations. Deviations from the requirements of this section may be
qranted by the Community Development Coordinator based on one of
the followinq reasons:
i. to reach a mean low water depth of eiqhteen (18) inches
(bottom elevation -2.45 feet NGVD. 1929 datum): or
II. the need to protect environmentally sensitive areas as required
by the Pinellas County Water and Naviqation Control Authority:
or
iii. property confiquration that precludes the placement of dock
structures similar in dimensional characteristics as surroundinq
dock patterns.
Deviations may be qranted as a Level One approval (minimum standard)
provided that siqned and notarized statements of no obiection are
submitted from adiacent waterfront property owners. as well as siqned
and notarized statements on the Pinellas County Water and Naviqation
Control Authority permit application. In the event statements from the
adiacent property owners cannot be obtained or the proposed dock does
not meet one of the criteria listed above. such deviations may be reviewed
by the Community Development Board as a Level Two application.
3. Multi-Use Docks. A multi-use dock. which is any dock owned in common or
used by the residents of a multi-family development. condominium.
cooperative apartment, mobile home park or attached zero lot line
development shall be permitted as a Level I minimum standard use provided
such dock is less than 500 square feet in deck area and complies with the
dimensional provisions setforth in Section 3-601(C)(4)(h)
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Ordinance No. 6795-01
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4. Commercial Docks. A commercial dock is any dock, pier, or wharf, includinq
boatlifts, that is used in connection with a hotel, motel or restaurant where the
slips are not rented. leased or sold; or such facilities used in connection with
a social or fraternal club or orqanization and used only by its membership; or
such facilities constructed and maintained by the City of Clearwater, Pinellas
County or by any state or federal aqency. Commercial docks shall be
permitted only as a Level Two flexible development use and reviewed by the
Community Development Board (CDB). Any multi-use dock with a deck area
exceedinq 500 square feet shall be treated as a commercial dock. All
commercial docks shall be reviewed for compliance with the followinq criteria.
a. Use and Compatibility.
i. The proposed dock shall be subordinate to and contribute to the
comfort. convenience or necessities of the users or the occupants of the
principal use of the property.
ii. The proposed dock shall be in harmony with the scale and character of
adjacent properties and the neiqhborhood in qeneral.
III. The proposed dock shall be compatible with dock patterns in the qeneral
vicinity.
b. Impacts on Existinq Water Recreation Activities. The use of the proposed
dock shall not adversely impact the health, safety or well beinq of persons
currently usinq the adiacent waterways for recreational and/or commercial
uses. Furthermore, it shall not hinder or discouraqe the existinq uses of the
adiacent waterway by uses includinq but not limited to non-motorized boats
and motorized boats.
c. Impacts on Naviqation. The existence and use of the proposed dock shall
not have a detrimental effect on the use of adjacent waters for naviqation,
transportation, recreational or other public conveniences.
d. Impacts on Marine Environment.
i. Docks shall be sited to ensure that boat access routes avoid injury to
marine qrassbeds or other aquatic resources in the surroundinq areas.
ii. Docks shall not have an adverse impact upon natural marine habitats,
qrass flats suitable as nursery feedinq qrounds for marine life, or
established marine soil suitable for producinq plant qrowth of a type
useful as nursery or feedinq qrounds for marine life manatee
sanctuaries; natural reefs and any such artificial reef which has been
developed an associated flora and fauna which have been determined
to be approachinq a typical natural assemblaqe structure in both density
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Ordinance No. 6795-01
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and diversity; oyster beds; clam beds; known sea turtle nestinq site;
commercial or sport fisheries or shell fisheries areas; and habitats
desirable as iuvenile fish habitat.
e. Impacts on Water Quality.
I. All turninq basin, access channels, boat moorinq areas and any other
area associated with a dock shall have adequate circulation and existinq
water depths to ensure that a minimum of a one foot clearance is
provided between the lowest member of a vessel (e.q. skeqs, rudder,
prop) and the bottom of the waterbody at mean or ordinary low water
(-0.95 NGVD datum).
II. The dock shall not effectively cause erosion, extraordinary storm
drainaqe, shoalinq of channels, or adversely affect the water quality
presently existinq in the area or limit proqress that is beinq made toward
improvement of water quality in the area in which the dock is proposed
to be located.
f. Impacts on Natural Resources.
I. The dock shall not have a material adverse impact upon the
conservation of wildlife, marine life, and other natural resources,
includinq beaches and shores, so as to be contrary to the public interest.
ii. The dock shall not have an adverse impact on veqetated areas:
veqetative, terrestrial, or aquatic habitats critical to the support of listed
species providinq one or more of the requirements to sustain their
existence, such as ranqe, nestinq or feedinq qrounds; habitats which
display bioloqical or physical attributes which would serve to make them
rare within the confines of the City; desiqnated preservation areas such
as those identified in the comprehensive land use plan, national wildlife
refuqes, Florida outstandinq waters or other desiqnated preservation
areas, and bird sanctuaries,
g. Impacts on Wetlands Habitat/Uplands. The dock shall not have a material
adverse affect upon the uplands surroundinq.
h. Dimensional Standards.
I. Setbacks. All commercial and multi-use docks shall be located so that
no portion of such dock is closer to any property line as extended into
the water than ten (10) percent of the applicant's property width
measured at the waterfront property line. Multi-use private and
commercial docks abuttinq adiacent waterfront sinqle-family or two-
family property must be setback a minimum of one-third (1/3) of the
7
Ordinance No. 6795-01
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applicant's waterfront property width from the adiacent waterfront sinqle-
family or two-family property.
ii. Lenath. The lenqth of commercial and multi-use docks shall not extend
from the mean hiqh water line or seawall of the applicant's property
more than seventy-five (75) percent of the width of the applicant's
property measured at the waterfront property line. Tie poles may extend
beyond the dock provided such poles do not extend twenty-five (25)
percent of the width of the waterway and do not constitute a naviqational
hazard.
III. Width. The width of commercial and multi-use dockinq facilities shall not
exceed seventy-five percent of the width of the applicant's property
measured at the waterfront property line.
IV. Covered boatlifts. Covered boatlifts are permitted provided a permanent
and solid roof deck is constructed with material such as asphalt
shinqles, metal, tile or wood. Canvas and canvas like roof materials are
prohibited. Vertical sidewalls are prohibited on any boatlift or dock.
v. Deviations. Deviations from the requirements of this section may be
considered and approved by the Community Development Board in
, order to comply with the naviqational and/or environmental criteria
.\ ,/. established in Sections 3-601 (C)(4)(a) - (q).
I. Publiclv owned facilities. Roof structures shall be permitted on publicly owned
boardwalks, observation platforms, elevated nature trails and other such
structure not intended for use as a dock facility. Vertical walls shall not be
allowed.
D. Existinq docks and lifts and repairs.
1. Existinq docks and lifts. New boat lifts installed in previously permitted wet
slips are exempt from setback standards so lonq as such lifts are entirely
contained within the property lines as extended into the water.
2. Repairs.
a. Any repair made to an existinq approved dock that does not extend,
enlarqe or substantially chanqe the location of any portion of the dock
does not require review and approval by the Community Development
Coordinator however, a permit may be required by the Pinellas
County Water and Naviqation Control Authority. If, however, such
repair enlarqes, extends, or substantially chanqes the location of any
portion of the dock, such repair shall require the review and approval
by the Community Development Coordinator prior to the issuance of a
8
Ordinance No. 6795-01
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permit by the Pinellas County Water and Naviqation Control Authority.
The review of a substantial repair shall be considered a new dock
pursuant to the standards described in this section.
b. If any dock. seawall, bulkhead, private bridqe. or marina falls into a
state of disrepair and becomes a danqerous structure creatinq an
unreasonable risk of bodily iniury to any person who may walk
thereon, such structure shall be either removed or repaired so as to
conform to the requirement of this division.
Section 2. Article 3, Development Standards, Section 3-909 Newracks, is
hereby amended by revising newsracks as follows:
/\. General Pro'lisions. All ne'tlsracks shall comply '/lith the following general
provisions.
1. No newsr:::lck shall obstruct the fIO\~.' of pedestri:::ln or vehicular traffic.
2. No newsrack shall be located in a manner that impairs :::l motor vehicle
oper:::ltor's view of motor vehicles, bicycles, or pedestrians upon entering
or exiting a right of way.
3. No nev.'sr:::lck shall be loc:::lted in :::l visibility triangle
1. No newsrack shall reduce the ':.'idth of a sidewalk or travel route belm\'
!\D^ requirements.
5. No ne'Nsrack shall be used f{)r advertising purposes other than advertising
for the publication being distributed or sold.
6. No ne'Nsrack shall be chained, bolted, or att:::lched in any other manner to
:::l utility pole, tr:::lffic sign or other fixture.
7. Newsracks sh:::lll be maint:::lined in a neat and clean condition and in good
repair :::It all times.
8. The telephone number of :::l working telephone service shall be affixed to
each newsrack in a readily visible pl:::lce 50 th:::lt reports of malfunctioning
nmvsrack can be made and '.'iolations of these provisions can be reported.
9. The location of any ne\Nsrack sh:::lll not block the vielN of any historic
building or scenic vista or major City entl)"Nay.
B. Additional requirements for nOYlsr3cks locatod on public rights of way.
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Ordinance No. 6795-01
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1. No portion of any newsrack shall be inst:::lllod or m:::lint:::lined upon or over
any part of :::l road\vay or bicycle p:::lth.
2. Newsracks may be located upon a sidew:::llk in excess of five (5) feet in
width, :::It the edge of the sidewalk and on either side of the sidewalk but
not directly opposing another nm~:sr:::lck, and fronting to'N:::lrds the center of
the side'N:::llk. However, a nev:sr:::lck shall not be installed or maintained
within five (5) feet of :::l curb or the edge of ro:::ld'.'l:::lY pavement.
3. If the sidewalk adjoins :::l landscaped area of the public right of way of a
sufficient size to fully :::lnd la'Nfully accommodate :::l newsrack, and if the
sidewalk is five feet or less in width, the Community Development
Coordinator m:::lY :::lpprove the location of :::l newsr:::lck provided such
newsrack be place upon a 'Nire reinf{)rced concrete pad, four inches thick
or greater, of sufficient size to support the based of the newsrack, or other
re:::lsonable alternative measures :::lpproved by the City
Engineer. The front of any newsrack located in landsc:::lped :::lreas of the
public right of way sh:::lll face towards the sidewalk.
1. Newsracks may be anchored to any concrete pad loc:::lted in the public
rig ht of 'Nay.
5. Newsracks shall not exceed fifty five (55) inches in height.
6. Single ncwsracks may be located every 100 feet.
7. Combination of multi stand free and pay newsr:::lcks may be located side
by side provided the tot:::ll length of such racks docs not exceed six (6)
feet. A distance of 300 feet shall separate such combination of racks.
B. Addition;].' Provisions for C, T, ;]nd D Districts. In the Commercial, Tourist and
Dm'lntmvn Districts, the :::lIlO'.A::::lble length of combination newsracks m:::lY be
extended through the flexible st3nd3rd development review process provided the
newsr:::lcks meet the following criteria;
1. The newsr:::lcks are integrated into a pedestrian :::lrea;
2. The location of the nm.vsr:::lcks provides convenient pedestrian :::lccess;
3. The newsracks are visually screened;
1. The newsr:::lcks do not obstruct the flO'.v of pedestrian or vehicular tr:::lffic; :::lnd
6. The newsr:::lcks are comp:::ltible with surrounding activities.
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Ordinance No. 6795-01
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A. General Reauirements for Newsracks and Modular Newsracks
1. Newsracks and modular newsracks may be located either on private property or
within the public riQht-of-wav.
2. Newsracks and modular newsracks shall be maintained in an upriQht, neat and
clean condition and in Qood repair at all times.
3. No newsrack or modular newsrack shall obstruct the flow of pedestrian or
vehicular traffic.
4. No newsrack or modular newsrack shall be installed or maintained upon or over
any part of a roadway or bicvcle path or be located in a manner that impairs a
motor vehicle operator's view of motor vehicles, bicvcles, or pedestrians upon
enterinQ or exitinQ a riQht-of-wav.
5. No newsrack or modular newsrack shall reduce the width of a sidewalk to less
than four (4) feet.
6. No newsrack or modular newsrack shall be used for advertisinQ purposes other
than advertisinQ for the publication beinQ distributed or sold. LetterinQ shall not
exceed one and one half (1~) inches in heiQht and shall be located onlv on the
front and back of the newsrack or the front and back of each compartment in a
modular newsrack.
7. No newsrack or modular newsrack shall be chained. bolted or attached in any
other manner to a utilitv pole, traffic siqn or other similar fixture, excludinq pads
desiQned to support newsracks, located in the public riQht-of-wav.
8. The telephone number of a workinq telephone service of a representative of the
publication shall be affixed to each newsrack or modular newsrack in a readilv
visible place so that reports of malfunctioninq newsracks/modular newsracks can
be made and violations of these provisions can be reported.
B. Location of Newsracks and Modular Newsracks.
1. No newsrack or modular newsrack shall be located in a visibilitv trianqle or within
five (5) feet of a curb of the edQe of roadway pavement.
2. The location of any newsrack or modular newsrack shall not block the view of
any historic buildinq or scenic vista or maior City entrvwav.
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Ordinance No. 6795-01
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3. The front of any newsrack located in landscaped areas of the public riqht-of-way
or on a public sidewalk shall face toward the sidewalk and/or away from the
street.
C. Heiqht, Desiqn. and Separation Requirements for Newsrack and Modular
Newsracks.
1. Newsracks shall not exceed fifty (50) inches in heiqht and modular newsracks
shall not exceed fifty-five (55) inches in heiqht.
2. A 100 foot radius separation shall be maintained between all types of newsracks.
except that two metal newsracks may be located side by side. Those newsracks
located on public property shall be of the same color. however on private
property this restriction shall not apply. A sinqle newsrack that is located within a
drive-throuqh lane shall not be required to meet the 100 feet radius separation
provided that the newsrack is accessible only by patrons of the drive-throuqh
lane while remaininq in the vehicle.
3. If three or more publications are qrouped toqether in a sinqle location. such
publications shall be located in a metal modular newsrack.
4. Modular newsracks may be used in combination provided that such racks
located at the same location are of the same material. Those newsracks located
on public property shall be of the same color. however on private property this
restriction shall not apply.
5. No sinqle modular newsrack or qroupinq of modular newsracks shall exceed
eiqht (8) feet in lenqth.
6. Newsracks and modular newsracks are limited to a depth of a sinqle unit. The
back of a newsrack shall not be located aqainst the back of another newsrack.
7. Newsracks and modular newsracks shall be of uniform material and where
located on public property shall be finished with muted. earthtone and uniform
color.
D. Construction Requirements. All types of newsracks must be appropriately anchored
or secured from potential hazards. in accordance with current enqineerinq
standards. and may be anchored to any concrete pad located in the public riqht-of-
way provided all other provisions are met.
E. Additional Requirements for Newsrack and Modular Newsracks in the Tourist and
Downtown Districts. All types of newsracks located in the Tourist and Downtown
Districts shall be subiect to the applicable adopted desjqn Quidelines qoverninq
Clearwater Beach and Downtown. The Community Development Coordinator may
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Ordinance No. 6795-01
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extend the allowable lenqth and heiqht of modular newsracks, provided the
newsracks are compatible in terms of location, heiqht and lenqth with the
surroundinq environment.
Section 3. Article 8, Definition and Rules of Construction, Section 8-102 is
hereby amended by adding the following definitions:
Newsrack means a self-service or coin-operated box, container, storaqe unit or
other dispenser installed, used or maintained for the display, sale or distribution of one
newspaper, periodical, advertisinq circular or other publication.
Newsrack, modular means a newsrack desiqned as an inteqrated unit with two or
more compartments to display, sell or distribute two or more newspapers, periodicals,
advertisinq circulars and other publications.
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form: Attest:
Cynthia E. Goudeau
Assistant City Attorney City Clerk
13 Ordinance No. 6795-01
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CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
TEXT AMENDMENT
REQUEST:
Amendments to the Community Development Code -
Ordinance No. 6795-01
INITIATED BY:
Planning Department
BACKGROUND INFORMATION:
At the March 22, 2001 meeting, the City Commission requested the proposed dock and
newsrack provisions to be removed from Ordinance No. 6680-01 and incorporated into a
new ordinance. The Commission directed staff to continue to work on the dock
provisions and obtain additional input from citizens and other relevant City Boards.
With regard to the newsrack provisions, the Commission wanted additional time to
determine if the existing 300 feet separation requirement is too restrictive and whether it
should be reduced back to the original requirement of 100 feet.
Staff met with representatives of the Sand Key Civic Association regarding proposed
commercial dock regulations. Staff also attended the Marine Advisory Board meetings
on April 4th and May 8th to discuss the review process for commercial and multi-use
docks. Staff will also meet one more time with the Board on June 6th to obtain any final
input. Staff also attended the Environmental Advisory Board on April 18th and was
scheduled to discuss the proposed ordinance at the May 16th meeting. There was no
quorum at that meeting; however, staff contacted each Board member for their
comments. Staff also met with representatives from the newspaper industry.
ANALYSIS:
Proposed Ordinance No. 6795-01 includes amendments to the existing dock and
newsrack provisions. Below please find a description of the proposed amendments.
1. Docks (Pages 1 - 9 of the proposed ordinance.)
Staff is proposing to amend the dock regulations found in Code Section 3-601.
While several of the revisions are substantive, many are primarily organizational in
nature. Specifically, the proposed regulations are reorganized into four sections. The
first section specifies that city approval is required for any dock prior to issuance of a
dock permit by the Pinellas County Water and Navigation Control Authority. The
second section details the city approval procedures. The third section specifies
requirements for new docks and is organized into provisions regulating docks serving
151 Reading
06-21-01 Commission Meeting
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single family and two family dwellings, docks serving multi-family development and
provisions for commercial docks. The last section governs repairs made to existing
docks.
Staff is proposing to make changes in the administrative review procedures.
Currently, a Clearwater building permit is required; however, historically the
Clearwater Building Department has not performed an actual dock inspection for any
dock permit issued. Pinellas County Water and Navigation Authority issues dock
permits and inspects dock construction throughout the incorporated and
unincorporated areas of Pine lIas County. Staff is proposing to eliminate the
requirement for a Clearwater building permit since the City of Clearwater does not
inspect the work being permitted.
Staff is also proposing to remove the Harbormaster from the review process for docks
associated with single family and two family dwellings. Staff, including the
Harbormaster, believes the review is duplicative because PinelIas County Water and
Navigation Control Authority has final authority on navigational issues. Absent a
navigational review, the Community Development Coordinator will be responsible
for determining that docks serving single family and two family dwellings meet the
dimensional requirements of the ordinance. Once the City determines a proposed
dock complies with city requirements, the application may proceed to the Pinellas
County Water Navigation and Control Authority for a permit.
Currently, the City's dock regulations only permit deviations from City Code
requirements for existing docks. Staff is adding a mechanism for property owners to
obtain deviations from requirements for new docks by having a process whereby if
neighbors agree to proposed deviations and the criteria is met, the Community
Development Coordinator may approve the deviations. If neighbors cannot agree, or
if the criteria cannot be met, an application can be made to the Community
Development Board for a Level Two approval. There are many legitimate
navigational and environmental reasons that warrant deviations to the dimensional
requirements and often are required by the Pinellas County Water and Navigation
Authority.
At present, the City's dock regulations make no provisions for commercial and multi-
use docks. Staff is proposing to incorporate regulations for multi-use and commercial
docks based on the dimensional standards that used to be in effect in the previous
code. With regard to review procedures, staff is proposing that the Community
Development Coordinator be given the authority to approve multi-use docks unless
the dock exceeds 500 square feet in deck area. In the event a multi-use dock exceeds
this size limitation, it would be treated as a commercial dock. Commercial docks are
proposed to require approval by the Community Development Board. The
dimensional standards are the same as found in the City's previous code, however,
use and compatibility, navigational and environmental criteria have been added and
are required to be met in order to receive city approval. The Harbormaster would be
involved in the review of commercial docks as a member of the City's Development
151 Reading
06-21-01 Commission Meeting
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Review Committee (DRC), which will make a recommendation to the Community
Development Board. Staff from the City's Environmental Division of the Public
Works Administration will also participate in the DRC review of all commercial dock
applications. The provisions for commercial docks also allow the Board to approve
deviations to the dimensional standards in order to meet navigational and/or
environmental criteria.
2. Newsracks (Pages 9 - 13 of the proposed ordinance.)
Staff is proposing to amend the newsrack provisions III Code Section 3-909 by
reorganizing the entire section into five subsections and revising some of the
requirements. Staff is proposing to reduce the separation requirement between
modular newsracks from 300' to 100'. The proposed amendments would further
permit two newsracks to locate side by side provided the racks are metal and are of
the same color on public property. If more than two newsracks locate side by side, a
metal modular newsrack will be required. A single newsrack located within a drive-
through lane is exempted, however, from the separation requirement. Staff is also
proposing to require all newsracks in the Tourist and Downtown Districts to comply
with any design guidelines governing Clearwater Beach and Downtown. The
Community Development Coordinator is also granted authority to approve deviations
to the length and height of modular newsracks in these districts. Lastly, staff is
proposing to amend Code Section 8-102 by including definitions of newsracks and
modular newsracks.
CRITERIA FOR TEXT AMENDMENTS:
Code Section 4-601 specifies the procedures and criteria for reviewing text amendments.
Any code amendment must comply with the following.
1. The proposed amendment is consistent with and furthers the goals,
policies, objectives of the Comprehensive Plan.
Below please find a selected list of goals, objectives and policies from the Clearwater
Comprehensive Plan that are furthered by the proposed amendments to the Community
Development Code:
. Goal 4 - The City of Clearwater shall ensure that all development and
redevelopment initiatives meet the safety, environmental, and aesthetic needs of
the City through consistent implementation of the Community Development
Code.
The proposed newsrack provisions will result in more attractive newsracks placed in a
safe manner. By implementing enhanced design and locational standards, the
aesthetic needs of the City will be met.
151 Reading
06-21-01 Commission Meeting
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. Objective 22.3 - "To City shall continue to maintain and enhance the City's
wildlife and natural native vegetation resources.
The proposed dock provisions permit deviations based on environmental concerns.
This will allow flexibility in locating docks in order to better protect wildlife and
natural vegetation found in the Intracoastal Waterway.
. Policy 22.3.4 - "Prohibit development which will needlessly disturb or destroy
native vegetation. This shall be achieved through the site plan review process and
environmental management site inspections.
The proposed dock provisions permit deviations to requirements to protect
environmentally sensitive areas. Commercial docks have to comply with
environmental criteria that require development not to disturb native vegetation. This
will further the City's ability to locate docks in a manner to protect natural resources.
2. The proposed amendments further the purposes of the Community
Development Code and other City ordinances and actions designed to
implement the Plan.
The proposed text amendments revise development standards found in Article 3 of the
Community Development Code for docks and newsracks. The proposed amendments are
consistent with the following purposes of the Code.
. Section 1-103(A) - It is the purpose of this Development Code to implement the
Comprehensive Plan of the city; to promote the health, safety, general welfare and
quality of life in the city; to guide the orderly growth and development of the city; to
establish rules of procedures for land development approvals; to enhance the
character of the city and the preservation of neighborhoods; and to enhance the
quality of life of all residents and property owners of the city;
. Section 1-103(C) - It is the further purpose of this Development Code to promote
economic development, neighborhood revitalization, and regional cooperation to
sustain efforts through which development will protect regionally significant water
and other environmental resources;
. Section 1-103(E)(2) - Protect the character and the social and economic stability of all
parts of the city through the establishment of reasonable standards which encourage
the orderly and beneficial development ofland within the city; and
. Section 1-103(E)(7) - Protect and improve the quality of water resources and
wetlands in both interior and coastal areas and preserve floodplains, drainageways,
and other natural areas having beneficial hydrological characteristics and functions.
151 Reading
06-21-01 Commission Meeting
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SUMMARY AND RECOMMENDATION:
The proposed amendments to the dock and newsrack regulations are consistent with the
Comprehensive Plan and the Community Development Code. The amendments provide
residents with more comprehensive and less cumbersome dock regulations that eliminate
duplicative governmental review and reasonable separation requirements and aesthetic
control of news racks.
The Planning Department Staff recommends APPROVAL of Ordinance No. 6795-01
that revises the Community Development Code.
Prepared by: Gina L. Clayton
A TT ACHMENT:
Proposed Ordinance No. 6795-01
1 sl Reading
06-21-01 Commission Meeting
5
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~
Section 3-601 ((C)(g)
Draft Alternative Deviation Language for
Docks Serving Single Family and Two Family Dwellings
June 5, 2001
g. Deviations. The Community Development Coordinator may grant deviations from
the requirements of this section as a Level One approval (minimum standard)
provided that signed and notarized statements of no objection are submitted from
adjacent waterfront property owners, as well as signed and notarized statements
on the Pinellas County Water and Navigation Control Authority permit
application. In the event that such statements cannot be obtained, applications for
deviations may be approved by the Development Review Committee as a Level
Two (flexible standard) approval based on one of the following:
1.
The proposed dock will result in no navigational conflicts and the length
of the dock will not exceed 25% percent ofthe width of the waterway; or
--
11. The proposed dock location needs to be adjusted to protect
environmentally sensitive areas; or
111. The property configuration precludes the placement of a proposed dock in
compliance with the required dimensional standards, however, the
proposed dock will be similar in dimensional characteristics as
surrounding dock patterns.
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CSM ISSUED DAn
BCP1999-12154
BCP2000-01254
BCP2000-01530
BCP2000-02501
BCP2000-02623
BCP2000-03263
BCP2000-05412
BCP2000-05496
BCP2000-05497
BCP2000-06150
BCP2000-06331
BCP2000-06381
LAKE CHAUTAUGUA PARK - CONSTRUCTION OF A
BOARDWALK AND DOCK.
INSTALL APPROX. 66 FEET OF NEW SEA WALL AND 86
CUBIC YARDS OF
CLEAN FILL PER PLAN. SEE CASENOTES
105-113-121 ISLAND WAY INSTALL 10 SECONDARY TIE
BACK RODS AND ANCHORS 18 WELL POINT DRAINS.
PARCEL GIVEN WAS # FOR COMMON AREA
INSTALL 4000# CRADLE AND PWC LIFT
CITY JOB - INSTALL A 30" X 22' CA TW ALK IN EXISTING
SLIP 22.
REPAIR 48 LINEAR FEET OF SEA WALL WITH CAP AND
TIEBACK AS PER ENGINEER SPECS
SLIP # 3-INSTALL BOAT LIFT AND EXTEND EXISTING
CA TW ALK OUT 14' ADDITIONAL FEET TO ACCESS
BOAT LIFT
EXTEND EXISTING DOCK 20' X 13' X 7' IN EXISTING SLIP
15
INSTALL A 10,0000# DECO CRADLE LIFT INTO SLIP #22
REPLACE ONE TIE POLE, INSTALL 1 NEW TIE POLE
INSTALL 50' OF AWM-8 ALUM SEAWALL WITH 50' OF
SC-9 CAP AND 5 ALUM TIERODS *** NOTE Plan amended
to include additional 50'.
---------
---- --
,,"
1NSTALLING 1 CRADLE LIFT
~"
,. ,....
REPAIR EXISTING FENDER SYSTEM
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'--J
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rti. - ~ e...o,,", ~'<'"C.
C R ~oY' i::e~:'~E'II\\:.oL
0.00
C
186.00
124.00
C
84.00
C
90.00
6.00
5.00
C
0.00
C
244.50
155.50
C
82.00
6.00
10.00
C
0.00
C
75.50
C
36.50
C
127.50
16.00
65.00
C
43.00
C
62.50
7 ~, J
........,r
CSM ISSUED DAn e e
BCP2000-06593 INSTALL 19,000 LB. DECO CRADLE LIFT INTO SLIP #5 C
88.50
BCP2000-06599 restore tie poles to original configuration, ass cradle lift and C
personal water craft.
49.50
BCP2000-06684 SEAWALL REPAIRS/TIEBACKS C
82.00
BCP2000-07624 new dock (14 ft length x 10 ft width) and lower landing C
69.00
BCP2000-08380 SUPPLY AND INSTALL A 16,000 # CAPACITY BAOT LIFT C
ON FOUR NEW PILINGS.
82.00
68.00
BCP2000-09247 INSTALL A 7,000 # DECO CRADLE LIFT IN SLIP 32# C
EXTEND CATWALK 14' X 2.5'
88.50
71.50
BCP2000-09384 CONSTRUCT A 8' X 36' W ALKW A Y TO A 20' X 20' C
DOCKLOAD, WITH A W. EXTENTION 4' X 95' AND E.
EXTENTION OF 4' X 110' AND 2 W. FINGER CA TW ALKS
AT 3' X 36' AND 3 E. FINGER CATWALKS AT 3' X 30'. TIE
POLES PER DRAWING.
322.50
197.50
BCP2000-09410 DOCK PIER (WOOD) ASTESTICL Y C
36.50
43.50
BCP2000-10061 CONSTRUCT A 2.5' X 32 CA TW ALK ON NORTH SIDE OF C
EXISTING LIFT IN SLIP #12
49.50
50.50
BCP2000-10250 REPLACEMENT OF EXISTING STEEL PILE DOLPHIN C
CLUSTER WITH 18" DIAMETER STEEL PIPE BACKED BY
2-14" DIAMETER STEEL PIPE AND FILLED WITH
CONCRETE. (#152 SLIP)
257.50
162.50
BCP2000-11200 SLIP #27 , UNIT 411 - ADD 16000# CAPACITY ALUM A C
HOIST BOA TLIFT INTO CONFINES OF SLIP #27 -
****MARINA LOCATED ON EAST SIDE OF GULF BLVD.
ACROSS FROM DAN'S ISLAND CONDOS****
88.50
71.50
BCP2000-12225 INCREASE DIMENSION OF 6 EXISTING 2' X 30' C
CATWALKS TO 1-3'X36' CATWALK & 5- 2.5'X36'
CATWALKS. INSTALL NEW STRINGERS AND DECKING
ON 221.5X4' BOARDWALK DEP PERMIT #52-01629833-001
257.50
162.50
CSM ISSUED DAn e e
BCP2000-12560 grease exhaust hood 48"x39"x24" to 6" front 18 ga galv welded C
exhaust fan Dayton 20" dia 1/2 H.P
47.00
73.00
BCP2001-01161 INSTALL A to' X 28' DOCK TO THE SEA WALL END OF C
SLIP 18, INSTALL A 10' X 12' DOCK BEHIND EXISTING
TICKET BOOTH DOCK SLIP 18
0.00
BCP2001-01201 INSTALL A 13,000 LB DECO CRADLE LIFT TO LEFT SIDE C
OF EXISTING DOCK FOR PROPERTY OWNER
75.50
64.50
BCP2001-01209 New Installation of II2 Ton HP with Electric C
49.50
30.00
BCP2001-01426 pipe & connect natural gas pool heater C
36.50
BCP2001-01583 DOCK - INSTALL A 13,000 # DECO CRADLE LIFT INTO C
OWNERS SLIP #5
82.00
68.00
BCP2001-01600 INSTALL A 15' X 21' DOCK IN EXISTING SLIP #57- C
CLEARWATER MARINA
0.00
BCP2001-02043 EXTEND EXISTING CATWALK 2' X 23' C
43.00
47.00
BCP2001-02360 REPLACE 68 FEET OF SEAWALL CAP C
88.50
71.50
BCP2001-02511 INSTALL 13,000# CRADLE LIFT (SLIP #7) C
43.00
47.00
BCP2001-03056 change out of 35 ton package unit C
199.00
0.00
32.00
R
BCP2000-01025 install a 7,000 Ib deco cradle lift into owner's boat R
slip----REVISION SUBMITTED 1/25/00 FOR: 3' X 26'
CA TW ALK ON LEFTSIDE OF LIFT
66.00
6.00
BCP2000-01106 REBUILD EXISTING DOCK - SAME SIZE, SAME PLACE. R
I2 X 26 HEAD, 3 X I2 LANDING, 1.5 X 16 LANDING, 1.5 X
17 LANDING (DA VITS TO REMAIN)
72.00
CSM ISSUED DATI e e
BCP2000-01115 REPAIR EXISTING SEAWALL BY INSTALLING 81.3 R
LINEAL FEET OF NEW 27" BY 12" BY 24" WIDE
REINFORCED CONCRETE CAP & NEW ANCHOR
SYSTEM.
78.00
BCP2000-01116 REPAIR EXISTING SEAWALL BY INSTALLING 149.8 R
LINEAL FEET OF NEW SEAWALL USING 14' ALUMINUM
SHEET PILES, NEW 24" X 12" X 40" WIDE REINFORCED
CONCRETE CAP AND NEW ANCHOR SYSTEM.
252.00
BCP2000-01123 REBUILD DOCK AS IS 4 BY 18 FT WALKOUT 12 BY 18 FT R
HEAD, LANDING, REINSTALL LIFT & 4 TIE POLES
78.00
BCP2000-01350 REPAIR EXISTING DOCK (TIMBER) R
42.00
17.00
BCP2000-01444 install a 25,000 Ib deco cradle lift and a 7,000 1b deco cradle lift; R
rebuild catwalk to 3' x 46' alongside 25,000 lift
180.00
BCP2000-01445 construct 2 1/2' x 50 ' catwalk R
42.00
BCP2000-02038 CONSTRUCT 16' X 30' DOCK R
96.00
5.00
6.00
BCP2000-02039 DOCK R
84.00
6.00
5.00
BCP2000-02049 INSTALL 7000 LB CARDLE R
66.00
5.00
6.00
BCP2000-02051 INSTALL 2.5' X 41' CATWALK R
54.00
6.00
5.00
BCP2000-02054 BUILD A 12' X 12' X 12' TRIANGLE DOCK R
48.00
BCP2000-02153 INSTALL DAVIT MASTER PERSONAL WATER CRAFT R
LIFT
49.50
BCP2000-02154 25 BY 28 CA TW ALK DA VIT MASTER 7000 LB CRADLE R
LIFT REMOVE EXISTING OVERHEAD LIFT
75.50
CSM ISSUED DAn e e
BCP2000-02340 6 X 17 WALKOUT, 6 X 6 FLARE, 12 X 12 HEAD 12 X 12 R
LOWER DOCK 2.5 X 36 CAT WALK, 2 TIE POLES DA VIT
MASTER PERSONAL WATER CRAFT LIFT INSTALL
OWNERS CRADLE LIFT
95.00
BCP2000-02495 INSTALLING NEW CENTRAL SYSTEM. 2.5 TON COOL 7.5 R
ELECTRIC HEAT 10 SEER MODEL. 6 SUPPLIES 1
RETURN DUCT SYSTEM
43.00
BCP2000-03029 INSTALL PWC LIFT ON DOCK R
69.00
10.00
6.00
BCP2000-03030 FILL IN BACK OF HEAD 10 BY 13 FT R
49.50
BCP2000-03054 EQUAL C/O 2TON PACKAGE UNIT R
73.00
BCP2000-03113 INSTALL 10,000 LB DECO CRADLE LIFT IN SLIP 2 R
82.00
BCP2000-03117 remove existing 78 If of seawall cap and replace same with 16" R
high x 14" wide reinforced concrete cap
69.00
BCP2000-03326 INSTALL NEW DOCK, BOAT LIFT AND CA TW ALK R
134.00
BCP2000-03489 MOVE TIE POLES OUT 4' INSTALL 2 NEW TIE POLES R
49.50
BCP2000-03493 INSTALL A 10,000 LB DECO CRADLE LIFE TO LEFT SIDE R
OF EXISTING DOCK.
75.50
BCP2000-03657 remove existing dock; build a 12'x50' dock with a 20' x 5' R
extension along seawall; three tie poles existing to east of new
dock remain; tie poles to west of dock to be reset; 3 total
10 1.50
BCP2000-03732 FILL IN BACK OF HEAD 8' X 18' I DAVIT POLE R
49.50
6.00
10.00
BCP2000-03735 INSTALL 9,000 # CRADLE LIFT WITH A 16' X 32' ROOF R
10 1.50
10.00
6.00
BCP2000-03767 INSTALL 5 - 9" BUTT PILING TO SUPPORT DOCK, R
INSTALL ONE NEW DAVIT POLE AND 2 NEW TUE POLES
TO REPLACE EXISTING.
49.50
BCP2000-0411 0 EXTEND CURRENT DOCK BY 4' X 10' AND MOVE BOAT R
LIFT BACK TO MIDDLE OF NEW EXTENSION
CSM ISSUED DAn e e
36.50
BCP2000-04116 DOCK - DOAT LIFT 4' X 12' LOWER LANDING 10,000 LB R
LIFT
49.50
BCP2000-04182 INSTALL APPROX. 50' LIN. FT. OF NEW CONCRETE R
BEAM & ANCHOR SYSTEM TO EXISTING SEAWALL
62.50
16.00
32.00
BCP2000-04230 add 6' x 8' deck w/2 steps (1' x 8') ea const 4' x 36' dock w/40' R
handrail; light post; fish table; & 12,000# LO. boat lift
88.50
BCP2000-04282 NEW DOCK AND BOA TLIFT; 8 X 34 PIER; 4 X 12 AND 4 X R
10 LANDINGS, 2 PILES LIFTS AND TIE POLES
75.50
BCP2000-04284 DOCK RENOVATIONS; REBUILD EXISTING, NEW 8 X 14, R
4 X 14,2 X 10 AND 2 X 5 FLARES AND TIE POLES
69.00
BCP2000-04340 INSTALL APPROX. 90' LIN FT OF NEW SEAWALL R
WITHIN ONE FOOT WATERWARD OF EXISTING
CONCRETE SEAWALL
140.50
BCP2000-04509 DOCK AND BOAT LIFT R
69.00
BCP2000-04511 BUILD A 12' X 16' DOCK WITH A 1) 5 X 14 FRONT R
LANDING WITH DAVIT POLES & DAVITS. 2) 2 X 8 SIDE
LANDINGS
69.00
BCP2000-04516 BUILD A 8' X 7'6" DOCK EXTENSION. R
43.00
BCP2000-04519 INSTALL A 16,000 LB DECO CRADLE LIFT AND A PWC IN R
OWNERS SLIP #5
95.00
BCP2000-04520 INSTALL A 10,000 LB DECO CRADLE LIFT IN OWNER'S R
SLIP #35
82.00
10.00
6.00
BCP2000-04562 install 3 clusters of 2 tie piles & 3 single tie pilings, install 4' x 12' R
walkway
43.00
BCP2000-05246 RE-DECK EXISTING DOCK STRUCTURE - REPLACE 2 R
EXISTING DETERIORATING PILING - ADDIREPLACE
APPROXIMA TEL Y 10% INTERMEDIATE STRINGERS,
ALSO ADD A 12' X 14' TRIANGULAR DOCK SECTION
49.50
CSM ISSUED DAn e e
BCP2000-05401 RECONSTRUCT EXISTING DOCK. REMOVE EXISTING R
12' X 30' DOCK WITH 8' X 24' L-HEAD. RECONSTRUCT
TO MEASURE 6' X 26' DOCK WITH 8' X 36' L-HEAD
108.00
BCP2000-05471 NEW 12 X 12 HEAD W/2 X 12 LANDING & DOCK R
W/CRADLE LIFT & PWC LIFT. NO ELECTRIC INCLUDED
ON THIS PERMIT. NOC RECEIVED RECORDED.
10 1.5 0
BCP2000-05472 REBUILD EXISTING HEAD TO 12 X 16 W/4 X 20 FRONT R
LANDING AND A 4 X 12 SIDE LANDING AND TWO TIE
POLES. NOC RECEIVED RECORDED.
75.50
BCP2000-05498 REMOVE EXISTING DOCK AND CONSTRUCT A 6' X 26' R
W ALKW A Y TO A 12' X 12' DOCK HEAD AND A 4' X 12'
LOWER LANDING
75.50
BCP2000-05503 DOCK ADDITION OF 10' Xl2' AND INSTALL A 25,000# R
DECO CRADLE LIFE AT END OF DOCK PER DRAWING
ADD 2 BUMPER POLES REMOVE 3 TILE POLES
166.50
BCP2000-05668 BUILD 12 X 20' DOCK, 2.5 X 10' LANDING. R
49.50
BCP2000-06033 12X26 MAIN DOCK 12 X 12 FRONT LOWER DOCK R
INSTAL OWNERS PERSONAL WATERCRAFT AND
CRADLE LIFT
56.00
BCP2000-06034 INSTALL DAVIT MASTER; 11000 LB. CRADLE LIFT R
69.00
BCP2000-06283 TO BUILD A 2.5' X 24' CATWALK AND INSTALL 5 TIE R
POLES NEXT TO EXISTING DOCK.
56.00
BCP2000-06311 ADDING BOAT LIFT TO EXIST DOCK R
43.00
BCP2000-06382 WRECK AND REMOVE EXISTING DOCK AND BUILD A R
NEW DOCK AS FOLLOWS: A 4' X 46' W ALKW A Y
CONNECTED TO A 12' X 12' HEAD WITH A 2.5' X 12'
LOWER LANDING ANDF A 10000# BOATLIFTReinstall
owners Boat Lift
89.00
BCP2000-06405 install one cradle lift R
43.00
BCP2000-06408 INSTALL A 10,000 LB. DECO CRADLE LIFT, EXTEND R
DOCK 4' X 12'
88.50
BCP2000-06410 REMOVE TIE POLES TO NO. SIDE OF DOCK, INSTALL R
7,000 LB. DECO LIFT TO NO. SIDE OF DOCK W ALKW A Y.
RESET TIE POLES FOR EXISTING CA TW ALK SUPPORT.
88.50
CSM ISSUED DAn e e
BCP2000-06412 INSTALL 16,000 LB. DECO CRADLE LIFT TO RIGHT SIDE R
OF DOCK, EXTEND DOCK 4' X 12' LONG
108.00
BCP2000-06551 ADDITIONAL TIE POLES TO EXISTING BOAT SLIP R
36.50
BCP2000-06584 REMOIVE EXISTING LIFT & DOCK /CA TW ALKS R
REBUILD CATWALKS, INSTALL NEW 30,000# LIFT AND
NEW "V" SHAPE DOCK ALONG SEAWALL
88.50
BCP2000-06587 INSTAL A 7,000# DECO CRADLE LIFT IN OWNERS SLIP R
75.50
BCP2000-06591 INSTALL A 10,000# DECO CRADLE LIFT INTO OWNERS R
SLIP #3. EXTEND CATWALK TO EXISTING TIE POLES,
2.5' X 24'
75.50
BCP2000-06600 install five (5) tie poles for boat slip R
43.00
BCP2000-06643 INSTALL 7000# BOAT LIFT INTO SLIP # 1. R
62.50
BCP2000-06700 C/O 3 TON HV AC HEAT SYSTEM. R
49.50
BCP2000-06785 REPLACE FRAME AND DOK ON EXISTING DOCK R
112X2-35 2.5 X 25 SUE LANDING BOATLIFET ANAD TIE
POLES TO REMAIN
56.00
BCP2000-07028 BUILD A 9' X 14' X 18' DOOCK FILL IN, BUILD 2.5 X 32' R
CATWALK WITH INSTALL A 3,50016 DOLPHIN CRADLE
LIFT ON RIGHT SIDE OF EXISTING DOCK AND BUILD A
16' X 30' SHINGLED ROOF
151.00
30.00
BCP2000-07031 TO INSTALL A 13,000 16 DOLPHIN CRADLE LIFT IN R
FRONT OF EXISTING DOCK
75.50
BCP2000-07066 INSTALL A DOLPHIN PWC LIFT ON RIGHT SIDE OF R
EXISTING DOCK
49.50
BCP2000-07176 SEAWALL REPAIR 4' NEW SEAWALL CAP AND 4' OF R
NEW VINYL SHEET PILING - THREE (3) NEW TILE
BACKRODS
62.50
BCP2000-07177 REPLACE AN EXISTING CRADLE LIFT R
69.00
BCP2000-07253 INSTALL 10,000# DECO CRADLE LIFT EXISTING DOCK R
82.00
CSM ISSUED DAn e e
BCP2000-07256 BUILD A 6' X 24' WALKWAY TO A 12' X 15' DOCK HEAD R
AND A 4' X 15' LOWER LANDING. INSTALL A 10,000#
DECO CRADLE LIFT TO RIGHT SIDE OF DOCK. PERMIT
FOR A 16' X 32' ROOF OVER LIFT. PERMIT FOR A JET SKI
LIFT ON LEFT SIDE OF W ALKW A Y
108.00
BCP2000-07257 install 5' x 6' dock with used cradle lift R
56.00
BCP2000-07261 CONSTRUCT A 5 X 10 ADDITION AT THE END OF THE R
EXISTING DOCK AND RE-DECK A 3 X 5 SECTION OF THE
EXISTING DOCK. SET PILING AND CONSTRUCT A NEW
2' 6" X 20' CATWALL ON THE RIGHT SIDE OF THE
EXISTING DOCK AND ATTACH A CA TW ALK TO THE
EXISTING BOAT LIFT
49.50
BCP2000-07262 WRECK AND REMOVE EXISTING DOCK AND BUILD A R
NEW 38" "L" HEAD AS FOLLOWS: A 5 X 26 W ALKW A Y
CONNECTED TO A 12 X 16 HEAD WITH A LOWER DECK
ON THE BACKSIDE OF THE HEAD. SUPPLY AND
INSTALL A NEW HI-TIDE 12,000 CAPACITY BOAT LIFT
ON 4 DRIVEN PILING
10 1.50
BCP2000-07300 REBUILD EXISTING DOCK & LEAVE EXISTING CRADLE R
LIFT WHERE IT IS.
75.50
BCP2000-07330 REPLACE 4' X 60' WALKOUT, REPLACE 12' X 12' HEAD R
AND REPLACE ALL THREE LOWER LANDINGS. 2.5' X 12',
2.5' X 29' AND 2.5' X 8' AND ADD ONE 4' X 12' CATWALK,
AND 8' X 12' DOCK FILL IN.
127.50
BCP2000-08022 REMOVE EXISTING DOCK AND CONSTRUCT NEW 41' X R
9.75' MAIN DOCK WITH COVERED BOAT LIFT AND 38' X
27' ACCESS-CATWALK. INSTALL P.W.C 9PERSONAL
WATER CRAFT) LIFT.
192.50
BCP2000-08158 Remove existing lift, INSTALL 13,000 lb. Deco Cradle lift. R
Extend existing dock
6' X 12'. Construct a 3' X 47' catwalk on right side oflift.
127.50
BCP2000-08160 REMOVE existing roof & lift. INSTALL a new 13,000 lb. Deco R
cradle lift and extend dock 12' Xl2' and add a 12' X 2.5' lower
landing. *** SEPERATE permit for the
16' X 42' roof over lift.
121.00
BCP2000-08351 2.5 TON STRAIGHT COOL SPLIT SYSTEM EQUAL R
CHANGE OUT
49.50
BCP2000-08363 INSTALL BOAT LIFT 8,000 Ib LIFT. R
49.50
50.50
CSM ISSUED DAn e e
BCP2000-08379 ADD A 4' X 10' EXTENSION TO EXISTING DOCK AND R
INSTALL CUSTOMERS 20,000 # CAPACITY BOAT LIFT.
56.00
20.00
BCP2000-08406 REMOVE EXISTING DECKING AND STRINGERS, R
REPLACE AS SAME.
REMOVE CA TW ALK ALONG SEAWALL.
75.50
23.00
BCP2000-08457 NEW 4' X 24' DOCK AND 90016 DOLPHIN CRADLE LIFT R
82.00
BCP2000-08458 REPLACE A 16' X 30' EXISTING ROOF ON EXISTING R
CRADLE LIFT. Plan Ammendment Submitted on 01/18/01 -
Replace Dock and Catwalk on Existing Poles over Existng Roof
and Cradle Lift.
82.00
53.00
24.00
26.00
BCP2000-08525 REBUILD EXISTING DOCK & BOATHOUSE; ADD 4 X 32.5 R
PIER AND 4 X 81 SERVICE W ALKW A Y WITH TIE POLES
AND BOATLIFT. NOTE: REVISION MADE ON 11/27/00
TO ADD 2 SETS OF TIE POLES, 68' OUT FROM SEAWALL
225.00
46.00
16.00
BCP2000-08647 INSTALL 2.5 X 10' CATWALK, DECO CRADLE LIFT, AND R
REPAIR 2.5' X 16 FRONT LOWER LANDING.
95.00
26.00
BCP2000-08651 BUILD A DOCK 6' X 14' WALKOUT 12' X 18' HEAD 2.5' X R
10' SIDE LANDING 2.5' X 12' CA TW ALK, 2.5 X 20'
CATWALK AND INSTALL A 16,000# DOLPHIN CRADLE
LIFT
160.00
36.00
BCP2000-09210 SLIP #23 - Construct a 2' x 20' extension to esiting catwalk. R
Reset two existing piling and install two new piling forming a wet
slip.
43.00
47.00
BCP2000-09235 2.5 X 36 CATWALK DAVIT MASTER CRADLE LIFT R
82.00
24.00
BCP2000-09236 REMOVE 2.5' X 35' SIDE LANDING & DA VITS. FILL IN R
BACK OF HEAD 6' X 23.5' ADD 4X12 FRONT LOWER
LANDING 3'X40 SIDE LANDING - DAVIT MASTER 13,000#
CRADLE LIFT
95.00
26.00
CSM ISSUED DAn e e
BCP2000-09245 REMOVE EXISTING LIFT & DOCK. CONSTRUCT A 24.5' X R
5' WALKWAY TO A 12' X 16' DOCKHEAD AND 4' X 16'
LOWER LANDING. INSTALL A 10,000# DECO CRADLE
LIFT TO THE LEFT SIDE OF DOCK AND 2 TIE POLES TO
THE RIGHT SIDE OF DOCK
153.50
35.00
BCP2000-09246 BUILD A 6' X 38' DOCK & 2.5' X 38' CATWALK. INSTALL A R
19,000 # DECO CRADLE LIFT, 2 TIE POLES, AND PWC ON
MAIN DOCK
127.50
31.00
BCP2000-09390 INSTALL APPROX 60 LF OF NEW VINYL SEAWALL R
WITHIN l' WATER WARD OF EXISTING CONCRETE
SEAWALL
88.50
25.00
BCP2000-09523 CONSTRUCT A NEW 30' DOCK AS FOLLOWS: A 4' X 30' R
DOCK WITH 5 BOLLARD PILING. INSTALL 3 TIE PILING
FORMING ON 18' X 38' WET SLIP TO THE LEFT OF THE
DOCK (LOT 20)
49.50
19.00
BCP2000-09525 WRECK & REMOVE EXISTING DECKING AND RE-DECK R
AS FOLLOWS: A 4' X 24' W ALKW A Y LEADING TO A 12' X
12' HEAD WITH A 2' X 12' LOWER LANDING. ALSO
REDECK 2' 6" X 35' 6" CA TW ALK THAT EXTENDS OFF
RIGHT OF W ALKW A Y WRAPPING AROUND EXISTING
BATHHOUSE WITH A 2' X 8' LOWER LANDING
56.00
20.00
BCP2000-09528 WRECK & REMOVE EXISTING DOCK CONSTRUCT NEW R
6' X 14' W ALKW A Y CONNECTED TO 12' X 24' HEAD WITH
2' 6" X 12' LOWER LANDING. INSTALL A 12,000 LB CAP.
BARRACUDA LIFT ON 4 NEW PILING. SET 2 PILING TO
FORM WETSLIP.
95.00
26.00
BCP2000-10050 INSTALL DAVIT MASTER 7000 LB CRADLE LIFT R
62.50
21.00
BCP2000-10051 RESET 2 EXISTING TIE POLES, INSTALL 2 DOLPHIN R
PILING, 3 SISTER PILING
49.50
19.00
BCP2000-10109 REMOVE EXISTING DOCK. BUILD AND 8' X 38' R
WALKWAYTOA 12X 18 DOCKHEADANDA4X 18
LOWER LANDING. INSTALL A 19000 LB DECO CRADLE
LIFT TO LEFT SIDE OF DOCK.
192.50
41. 00
CSM ISSUED DAn e e
BCP2000-10110 BUILD A 5 X 38 WALKWAY TO A 16 X 16 DOCK HEAD R
INCLUDING A 4' LOWER LANDING, INSTALL A 10,000 LB
AND A 7,000 LB DECO CRADLE LIFT.
140.50
33.00
BCP2000-10202 INSTALL DAVIT MASTER 11,000 LB CRADLE LIFT R
69.00
22.00
BCP2000-10253 Add one 6'x 12' Dock extension and cradle lift and 2.5' x 42' R
catwalk.
26.00
95.00
BCP2000-10277 EXTEND EXISTING CATWALKS 4' X 16'. INSTALL 2 R
13,000 LB. DECO CRADLE LIFTS PER DRAWING, DOCK
ADDITION OF 16' X 22' NEAR SEAWALL, ADD 4 TIE
POLES REPLACING EXISTING TIE POLES.
127.50
92.50
BCP2000-10374 Install Cradle Lift Inside Slip # 1 R
69.00
BCP2000-10415 INSTALL A 10,000 LB LIFT TO RIGHT OF EXISTING R
DOCK.
82.00
24.00
BCP2000-10429 INSTALL 8 X 12 DOCK; 2.5 X 12 FRONT LOWER R
LANDING.
49.50
18.00
BCP2000-10474 REPLACE DECK & STRINGERS ON EXISTING 6' X 36' R
WALKWAY, INSTALL A 10,000 LB DECO CRADLE LIFT
TO SLIP #49
101.50
78.50
BCP2000-10476 REPLACE DA VIT POLE R
36.50
17.00
BCP2000-10504 Equal Change Out of 2.5 Ton Condenser and Air Handler with R
No Electric 12.2 SEER 5 KW (Carrie 38 BYC030-3, Carrier
FFIDNA030005)
75.50
BCP2000-10507 Equal Change out A/H Only. Breaker Change and new R
Disconnect
73.00
BCP2000-10517 INSTALL 13,000 LB CRADLE LIFT AND 2.5' X 10' R
CA TW ALK
75.50
23.00
BCP2000-10540 INSTALL 11,000 LB DOLPHIN CRADLE LIFT IN SLIP #82 R
75.50
CSM ISSUED DAn e e
23.00
BCP2000-11 055 Revise County permit # P29217 -00 (AKA. BCP2000-1 0517). R
Install PWC on left side of existing dock.
43.00
BCP2000-11089 REMOVE EXISTING DOCK, INSTALL NEW 4' X 14' WALK R
10' X 12' HEAD 2.5' X 12' FRONT LANDING 4 TIE POLES
69.00
22.00
BCP2000-11120 medolition and remove Existing Dock and Rebuild new Dock as R
Follows: A 5'X36' Walkway connected to a 12'X12' head with a
12'X12' lower deck.
75.50
23.00
BCP2000-11141 REMOVE EXISTING LIFT ON RIGHT SIDE OF DOCK. R
INSTALL A 25,000# DECO CRADLE LIFT TO RIGHT SIDE
OF DOCK. EXTEND DOCK 12' X 13' PER DRAWING.
INSTALL 1 TIEPOLE (NO ELECTRIC)
134.00
32.00
BCP2000-11184 INSTALL 9000 LB DOLPHIN CRADLE LIFT ON LEFT SIDE R
OF EXISTING DOCK
69.00
22.00
BCP2000-11245 INSTALL 7 TIE BACKS WITH ANCHORS: (5) 8' AND (2) 14' R
FRONT OF PROPOSED POOL
49.50
32.00
19.00
BCP2000-11252 INSTALL PERSONAL WATERCRAFT NEXT TO EXISTING R
CA TW ALK IN SLIP 16.
49.50
50.50
BCP2000-11339 INSTALL WOODEN SEAWALL TO ENGINEER'S SPECS IN R
FRONT OF EXISTING WALL.
160.00
36.00
BCP2000-11416 INSTALL OWNERS ACE CRADLE LIFT INTO SLIP #11 R
56.00
20.00
BCP2000-11465 WRECK & REMOVE A 4' X 88' 6" W ALKW A Y AND 3 R
CA TW ALKS AND REBUILD THEM EXACTLY AS IS
101.50
78.50
BCP2000-11509 ADD 10,000 # BOATLIFT TO SLIP #16; REBUlLDIREPAIR R
CA TW ALK TO SAME SIZE AT SAME LOCATION
82.00
68.00
BCP2000-11523 EQUAL CHANGEOUT A/H ONLY R
49.50
CSM ISSUED DAn e e
BCP2000-11527 Install a 16,000 Ib Deco Cradle Lift into Owners Slip # 24 R
95.00
75.00
BCP2000-11586 INSTALL CRADLE LIFT AND JET SKI LIFT R
49.50
19.00
BCP2000-12017 CONSTRUCTI A 4' X 10' DOCK ADDITION TO YOU R
EXISTING DOCK USING THE TWO BOW PILING FROM
YOUR EXISTING BOA TLIFT. RE-LOCA TE YOUR
EXISTING ALUMINUM LADDER.
43.00
18.00
BCP2000-12029 Install a 13,000 lb Dolphin Cradle Lift in Slip #13 R
75.50
23.00
BCP2000-12162 INSTALL 8' X 10' FILL-IN BACK OF HEAD; ADD 4 TIE R
POLES TO EXISTING DOCK
56.00
20.00
BCP2000-12163 REMOVE EXISTING FRONT LANDING ADD 10' X 7.5' R
DOCK EXTENSION TO RIGHT SIDE OF EXISTING DOCK
7000 LB DOLPHIN CRADLE IN FRONT
75.50
23.00
BCP2000-12164 INSTALL 5000 LB DOLPHIN CRADLE LIFT ON RIGHT R
SIDE OF EXISTING DOCK
62.50
21.00
BCP2000-12221 INSTALL A PVC LIFTAND TWO NEW DAVIT POLES R
49.50
19.00
BCP2000-12223 REPLACE DECK ON CA TW ALK REMOVE ALL WOOD ON R
EXISTING DOCK AND REPLACE ON EXISTING PILING
ADD 10' X 12' DOCK EXTENSION LEAVE EXISTING
CRADLE AND TIE POLES
82.00
24.00
BCP2000-12246 REPAIR LOWER LANDING, REPLACE ROTTEN DA VIT R
POLE
49.50
19.00
BCP2000-12275 Dock Repair - No Dimensional Changes No more than 50% value R
of structure
49.50
19.00
BCP2000-12297 Replace Deck Boards with New Stringers and Hand Rails. Raise R
New Deck to be Even with the Top of Seawall.
36.50
43.50
CSM ISSUED DAn e e
BCP2000-12367 install 20 tons of native stone (rip-rap) at base of existing seawall R
62.50
21.00
BCP2000-12466 INSTALL A 19,000 LB DECO CRADLE LIFT TO LEFT SIDE R
OF EXISTING DOCK AND CONSTRUCT A 2.5' X 38'
CATWALK ON SIDE OF LIFT. INSTALL 2 BUMPER
POLES PER DRAWING (FENDER PILINGS)
114.50
29.00
53.00
BCP2000-12468 REMOVE EXISTING LIFT & ROOF. INSTALL 13,000 DECO R
CRADLE LIFT AND PERMIT FOR NEW ROOF. EXTEND
EXISTING DOCK 12' X 12' AND NEW 2.5' LOWER
LANDING. EXTEND CATWALK 2.5' X 9.5'. REMOVE TIE
POLES. ADD NEW ROOF POLES.
121.00
53.00
30.00
BCP2001-01026 INSTALL 10,000 LB CAP. ALUMINUM BOAT LIFT ON 4-25' R
x 10' BUTT ROUND PILINGS
75.50
23.00
BCP2001-01056 install a 4' x 12' catwalk with 3 tie poles next to existing dock and R
adding a 6'XI0" Dock Extension.
43.00
53.00
18.00
BCP2001-01074 NEW DOCK AND TIE POLES R
56.00
20.00
10.00
BCP2001-01099 MOVE EXISTING TIE POLES, ADD TIE POLES PER R
DRAWING
43.00
18.00
BCP2001-01144 Remove Existing Dock Build New Docck 12'-0" and 26'-0" with R
2'-6" x 12'-0"
62.50
21.00
BCP2001-01148 New Dock - Add Lower Landing 11'-6" x 5'-0" Install 12'x13' R
Boat Lift on 4 New Poles. New Catwalk 2'x34'-6"
23.00
75.50
BCP2001-01149 Remove Existing Dock. New Dock 12'-0" x 26'-0" with 2'6" x R
12'-0" lower Landing
62.50
21.00
BCP2001-01166 Equal Change Out of3.5 Ton Rheem, HIP, 12 SEER, Split R
System, Equipped with 5 KW.
56.00
CSM ISSUED DAn e e
BCP2001-01168 Equal Change Out of 2 Ton Rheem SIC, 12 SEER, Split System R
Equipped with 7KW
49.50
BCP2001-01170 REPAIR AND REPLACE BOATLIFT TO BE A 10K DECO R
49.50
19.00
BCP2001-01172 REPLACEW EXISTING DECK AND STRINGERS TO A 5' X R
12' WALK OUT AND A 12' X 29' DOCKHEAD ADD 1 TIE
POLE
88.50
25.00
BCP2001-01205 Construct a 4'x12' extension to your existing dock with 12' R
handrail. Extend catwalk from 2.5'x30' to 2.5'x42'. Install a new
Hi-Tide 16000# Boatlift.
82.00
24.00
BCP2001-01206 Construct a 4'x12; extension to existing dock with 12' of handrail. R
Install your davit master boatlift on North Side of Dock.
Construct a 2.5'x42' access catwalk on outboard side ofboatlift
49.50
19.00
BCP2001-01207 Construct a 4'x1O' dock addition to existing dock. Drive two new R
pilings and move existing boartlift to same.
43.00
18.00
BCP2001-01270 AT PERMITTED DOCK, LIFT, & CA TW ALK - REBUILD A R
2' X 30' CA TW ALK
43.00
BCP2001-01271 AT PERMITTED L-HEAD DOCK, LIFT, & CA TW ALK - R
REBUILD A 2' X 38' WRAP AROUND CA TW ALK
43.00
BCP2001-01272 AT PERMITTED DOCK & BOAT LIFTS - INSTALL A R
1000# PERSONAL WATERCRAFT LIFT
43.00
BCP2001-01383 Installation of a 13000 Ib DECO Cradle Lift and Install a 2.5' x R
42' catwalk to left side of lift.
101.50
27.00
BCP2001-01385 Install 1 Wood Pole Mount Waverunner Lift R
36.50
17.00
BCP2001-01539 INSTALL 4 SISTER POLES NEXT TO 4 ROTTED LIFT R
POLES (SEE PICTURE ATTACHED)
43.00
18.00
CSM ISSUED DAn e e
BCP2001-01585 REBUILD EXISTING DOCK THE SAME 12' X 38' LONG. R
INSTALL A 7,000# DECO CRADLE LIFT TO RIGHT SIDE
OF DOCK. BUILD A 5' X 22' DOCK ADDITION ALONG
SEAWALL. REPLACE 2 EXISTING TIE POLES, INSTALL 6
MORE
101.50
53.00
27.00
BCP2001-01613 INSTALL NEW 10' X 16' DOCK R
62.50
57.50
BCP2001-02042 SUPPLY AND INSTALL A 16,000# RO BOATLIFT AND R
CONSTRUCT A 4' X 101 DOCK EXTENSION
101.50
27.00
BCP2001-02254 Install a 6'10" Dock Extension with 3 Tie Poles R
0.00
0.00
BCP2001-02340 INSTALL THREE (3) SECONDARY TIE BACK RODS IN R
EXISTING SEAWALL PER PLAN
49.50
19.00
BCP2001-02355 Removal and Installation of a Dock R
75.50
23.00
BCP2001-02587 RESET 3 TIE POLES R
36.50
17.00
BCP2001-02589 FILL IN BACK OF DOCK HEAD 12' X 14' R
43.00
18.00
BCP2001-02590 2.5 X 14 CA TW ALK 2-4 X 4 BOW FLARES 2.5 X 32 R
CA TW ALK
56.00
20.00
BCP2001-02591 REPLACE AN EXISING DOCK 12 X 32 2.5 X 12 FRONT R
LANDING DA VITMASTER 9000 LB CRADLE LIFT
88.50
25.00
BCP2001-03006 Equal Change out 3 Ton Split System w/8KW R
62.50
BCP2001-03053 provide and install 5' x 20' dock extension & a pwc lift per plans R
62.50
21.00
BCP2001-03090 REMOVE LOWER LANDING, DA VITS, TIE POLES, R
INSTALL A 7,000 LB DECO CRADLE LIFT TO RIGHT SIDE
OF DOCK. REDECK EXISTING DOCK
82.00
24.00
CSM ISSUED DAn e e
BCP2001-03092 INSTALL 10,000 LB DECO CRADLE LIFT, BUILD A 3' X R
60' CA TW ALK ON RIGHT SIDE OF LIFT PER DRAWING
10 1.50
27.00
BCP2001-03094 REBUILD EXISTING DOCK EXACTLY AS IS 4' X 25'. R
REMOVE DAVITS
56.00
20.00
BCP2001-03257 INSTALL A 10,000 LB LIFT TO LEFT SIDE OF EXISTING R
WET SLIP OF EXISING DOCK; MOVE DA VITS TO RIGHT
SIDE OF DOCK; REMOVE TIE POLES.
82.00
24.00
BCP2001-03258 REDECK & STRINGERS FOR EXISTING 6' X 35' DOCK. R
49.50
19.00
BCP2001-03260 SEA WALL TIE BACK BEAM R
49.50
19.00
BCP2001-03477 INSTALL A 9000# DOLPHIN CRADLE LIFT IN SLIP #13 R
75.50
23.00
BCP2001-03526 CONSTRUCT A 6' X 10' DOCK EXTENSION AND R
RELOCATE OWNERS' EXISTING BOA TLIFT
43.00
18.00
BCP2001-03530 CONSTRUCT A 4' X 10' DOCK EXTENSION R
43.00
18.00
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A. City Approval and Pinel/as County Water and Naviqation Control Authoritv
Permit Required, All docks which are proposed to be constructed, added to, or
structurally altered shall receive approval by the City and obtain a permit from
the Pinellas County Water and Naviqation Control Authority.
B. City Approval Procedures. Review and approval by the Community
Development Coordinator shall be required prior to the issuance of a permit from
the Pinellas County Water Naviqation Control Authority. Such approval shall be
considered a level one (minimum standard approval) or level two (flexible
development) approval in accordance with the provisions of Article 4 Divisions 3
and 4.
C. New Docks.
1. Docks. boatlifts and service catwalks that serve sinqle-familv or two-familv
dwellinqs.
a,
.
~ '-Ul1~
~~l~1o ~
<DI/YA~ dw
10' 10'
o.r e>
o .()
f)
~\.,
DISW~> .
wclA l{f<U
c. Width. The width of docks includin boatlifts shall not exceed 35
percent of the width of the prope y measured at the waterfront
property line or 50 feet, whichever is less.
d. Covered boatlifts. Covered boatlifts are permitted provided a
permanent and solid roof deck is constructed with material such as
asphalt shinqles, metal, tile or wood, Canvas and canvas like roof
materials are prohibited. Vertical sidewalls are prohibited on any
boatlift or dock.
~or rV (~v\i ,.".1- ~ WI'
~ ~& (If- ~ l~r W~-t,t'-
I (P t. - kro:t 'tf+ ;:. l S' ~ WrJ;/:;(
4
Ordinance No. 6795-01
...~ ~
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e
e. Number of slios. No dock shall provide more than two slips for the
moorinq of boats, except as houseboats may otherwise be permitted
consistent with Chapter 33 of the City's Code of Ordinances, Slips
shall be for the exclusive use of the residents of the contiquous upland
property. Personal watercraft lifts are not considered to be boat slips,
f, Width of Catwalks. Service catwalks shall not exceed three feet in
width.
~aIlt1;hi L,
f~V~~
g, Deviations. Deviations from the requirements of this section may be
qranted by the Community Development Coordinator based on one of
the followinq reasons:
I. mean low water depth is not sufficient to accommodate a typical
sized boat;
ii. the need to protect environmentally sensitive areas as required
by- the Pinellas County Water and Naviqation Control Authority;
or
iij, property confiquration and circumstances preclude the
pl~cement of reasonable dock structures within the above
\. L_ J .L lrl requirements.
-r{~ \,L!2Q ~u~ Deviations mav be oranted as a Level One approval (minimum standard)
\... ,) '^. if provided that siqned and notarized statements of no objection are
Q ~ u\1Of-' submitted from adiacent waterfront property owners, as well as siqned
dd ~ C"l.l'~ t. f and notarized statements on the Pinellas County Water and NaViqation
-\f .,/\~/'tIJ. Q;\ IAn Control Authority permit application, In the event statements from the
, \UT IV jY'<. adjacent property owners can not be obtained, such deviations may be
'3:> (SS fI:lc; ~ reviewed by the Community Development Board as a Level Two
rvlV\t - JO tV( w~t% oJ) IVJ ~ r?
/_ 2, Commercial and multi-use docks.
,^rA U. ~.J ( a. Setbacks. All commercial and multi-use docks shall be located so that
V\( )[...{,A. \j() no portion of such dock is closer to any property line as extended into
~ ,~ 111 ....vi, f the water than ten percent of the applicant's property width measured
\,JV V U~t(X III \;l at the waterfront property line. Multi-use private and commercial
r ^ A docks abuttinq adjacent waterfront sinqle-family or two-family property
~ must be setback a minimum of one-third (1/3) of the applicant's
( ^ ,....a cJL- waterfront property width from the adjacent waterfront sinqle-family or
vJv two-family property.
~
b. Lenqth. The lenqth of commercial and multi-use docks shall not
extend from the mean hiqh water line or seawall of the applicant's
5
Ordinance No. 6795-01
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property more than seventy-five percent of the width of the applicant's
property measured at the waterfront property line, Tie poles may
extend bey.ond the dock provided such poles do not extend 25 percent
of the width of the waterway and do not constitute a naviqational
hazard.
c, Width. The width of commercial and multi-use dockinq facilities shall
not exceed seventy-five percent of the width of the applicant's property
measured at the waterfront property line.
d. Covered boatlifts. Covered boatlifts are permitted provided a
permanent and solid roof deck is constructed with material such as
asphalt shinqles, metal. tile or wood. Canvas and canvas like roof
materials are prohibited. Vertical sidewalls are prohibited on any
boatlift or dock,
~.R:fr.dirv::i e. Deviations. Deviations from the requirements of this seelion may be
Qrr~ if J....;~. . ~ qranted by the Community Development Coordinator based on one of
!;. cJ\tIfI d the fOllo,Wlnp reasons:
\v:'~rt~ ~ ctlyltt i. mean low water depth is not sufficient to accommodate a typical
V :--J f f^ slze~t; ~L ~
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ii. the need to protect environm tally sensitive areas as required
by the Pinellas County Water and Naviqation Control Authority;
n~ ~ nt, Iii. ~r confi uration and circumstances reclude the
~\ ~ d~ placement of reasonable dockstn:.icffile~ - (thin the above
{\ ttr.w {t . requirements,
Dr () c \ (~~? may be qranted as a Level One approval (minimum
standard) provided that siqned and notarized statements of no
obiection are submitted from adiacent waterfront property owners, as
well as siqned and notarized statements on the Pinellas County Water
and Naviqation Control Authority permit application. In the event
statements can not be obtained, such deviations may be reviewed by
the Community Development Board as a Level Two application.
D. Existinq docks and lifts and repairs.
1. Existinq docks and lifts, New boat lifts installed in previously permitted wet
slips are exempt from setback standards so ~onq as such lifts are entirely
contained within the property lines as extendect'into the water.
6
Ordinance No. 6795-01
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2. Repairs,
a. Any repair made to an existinq approved dock that does not extend,
enlarqe or substantially chanqe the location of any portion of the dock
does not require review and approval by the Community Development
Coordinator however, a permit may be required by the Pinellas
County Water and Naviqation Control Authority. If, however, such
repair enlarqes, extends, or substantially chanqes the location of any
portion of the dock, such repair shall require the review and approval
by the Community Development Coordinator prior to the issuance of a
permit by the Pinellas County Water and Naviqation Control Authority.
The review of a substantial repair shall be pursuant to the standards
described in this section.
b, If any dock, seawall, bulkhead, private bridqe, or marina falls into a
state of disrepair and becomes a danqerous structure creatinq an
unreasonable risk of bodily iniury to any person who may walk
thereon, such structure shall be either removed or repaired so as to
conform with the requirement of this division,
E, Publiclv owned facilities. Roof structures shall be permitted on publicly owned
boardwalks, observation platforms, elevated nature trails and other such structure
not intended for use as a dock facility. Vertical walls shall not be allowed.
Section 2. Article 3, Development Standards, Section 3-909 Newracks, is
hereby amended by revising newsracks as follows:
^
I'.
Genera.' Provisions. 1\11 newsracks shall comply with the f-ollo':.'ing general
provisions,
1. No ne'Nsrack shall obstruct the flmv of pedestrian or vehicular traffic,
2. No newsrack shall be loc3ted in 3 m3nner th3t imp3irs 3 motor vehicle
operator's view of motor vehiclos, bicycles, or pedestrians upon entering
or exiting a right of way.
3, No ne':.'srack shall be located in a visibility tri::mgle
1. No nmA.'srack shall reduce the width of a sidewalk or travel route below
I\DA requirements,
5. No ne'A'srack shall be used for advertising purposes other than advertising
for the publication being distributed or sold.
6. No newsrack shall be chained, bolted, or attached in any other manner to
a utility pole, traffic sign or other fixture.
7
Ordinance No. 6795-01
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Section_. General Standards for commercial (and Multi-family residence?) approval
conditions.
A. Conditions which are imposed by the (harbormaster ?) and the (marine advisory
board?) pursuant to approval shall insure that:
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~ 1, The proposed dock structure will be in harmony with the scale and
· character of adjacent properties and those in the immediate vicinity in the
community which it is located.
The proposed dock structure will not hinder or discourage the eXistiEg
uses of the adjacent waterw~~~rllll;"", Non ..-r(l{)-/f;rvt iuJ b~._ _ _0 to. ' .../;...J
fr'VWV'lI'2) 1vY'p~ Il't 1" oJ.. flY\D-ton"U..C^ uou:...
The existence and use of the proposed dock structure will not adversely
affect the health, safety or well being of the persons currently using the
adjacent waterways for recreational or commercial uses.
4. The existence of the proposed dock structure shall ~ be ~onsistent with
the Goals and Policies of the Coastal Management section of the
Clearwater Comprehensive Plan as adopted 18 May 2000, (The specific
section I was looking at is Goal 20, Objective 20.1, policy 20.1.3 which
reads "Marina", not "Docks", and 20.1.5, Objective 20.2, 20.3 in that
Clearwater Harbor is already designated a " Florida Outstanding Water"
and as such is under a non-degradation rule)
N rw Igohin
- 5. The existence and use of the proposed dock structure shall not have a
detrimental effect on the use of adjacent waters for navigation,
transportation, and recreational or other public conveniences.
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Intent:
· To encourage the protection, enhancement or restoration of Clearwater Harbor and St. Joseph Sound within
the planning limits of the City of Clearwater for its beneficial use and value as a preserve, including but not
limited to the modification of existing manmade conditions toward their natural condition and to
discourage activities which would degrade existing aesthetic or biological values, the beneficial use of the
resource, the quality or utility of the preserve, when reviewing applications or when developing and
implementing management plans for the preserves;
· To maintain those beneficial hydrologic and biologic functions, the benefits of which accrue to the public at
large,
· To protect and enhance the waters of the preserves so that the public may continue to enjoy the traditional
recreational uses of those waters such as swimming, boating, and fishing;
· To use applicable federal, state, and local management programs, which are compatible with the intent and
provisions of these rules, and to assist in managing Clearwater Harbor, an Outstanding Florida Water an~a
component of the Pinellas Aquatic Preserve;
The dooking faoility pmjed shall conform to the followmg <<striotio,"" -h> s;fo f fO P tI red1ft' 'i{
3.
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Docking facilities shall be authorized only in locations having adequate circulation and existing water
depth~jJ1Jht::!?oatll1ooring, turning basin, access channels, and other such areas so as to accommodate the
proposettt5oafUsefo'ensure that a rmmmum o!oneToOt"c~~vided between the deepest draft of
a vessel and the bottom of the waterbody at mean or ordinary low water.
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lr. Doc~g facilities,shall be sited t? ensure that boat access rou~ avoid im..~~ri~.grassbeds or other ,
aquatic resources m the surroundmg areas. ~)o //~ ~//thI7"'4~ alz?~t:74
(/f;nh 3/h1 ~ J, c. Wave br~ when requested by the applicant, shall be designed to allow for maf~um water cir~~a,t~s>? (j II Irt* ~ d, ,
'1 .' '} and shall be built in such a manner so as to be part of the dock structure. ,jl)/)I ltu''1J VUOU1 r rr~ 0 !A.(,.UJL4' -
'/..JJj(})itilh,i'd. ... Dr~ingto,obtainnayigahl!:Lw:ater..depthsin conjunction with any dock facility is expressly prohibited: it-tJ.u \N(l/~,j;,
~ ,~ ~~ ~~
,e, Docking facilities shall not affectively cause erosion, extraordinary storm drainage, shoaling of channels, or ~\ ~ it/;.
would likely to adversely affect the water quality presently existing in the area or limit progress that is d ' (p
being made toward improvement of water quality in the area.
, " f. Shall inclu,de manatee a~~reness sign~ or informa~i?nal displays in any areas w!th known man~tee .d\) 0 j
concentrations asa co~tt~ ofpenmt for the faCIlIty. .5lrdU ~ dtk'UY\I/\.ld) ~o..\.{.cJ. fY\ ,.~ ~
Shall not have a Mlha? adverse alfed upon the _eauly and <<oreational advantages of the City /' t ~t\
Shall not have a material adverse affect upon the conservation of wildlife, marine life, and other natural
resources, including beaches and shores, so as to be contrary to the public interest.
t
1.
Shall not have a material adverse affect upon the uplands surrounding or necessarily affected by such plan
or development.
rlCYMl1JJqtd'. If~~public. /l
r r -- 2. erations to the criteria in this section may be authorized tc? accommodate persons with disabilities or to/ 7
comply with the Americans with Disabilities Act. i1euJ 1Jtt<<h ~/#/#h1J'" 'l,#l!;' tJt;1 ~ ~
'1' . .
3. In order to provide protection for those habitats having a high degree of ecological value, proposed projects < \i \- C//
,,{fYJ'IfJ4f shall he specifically <<viewed fo, adverse impacts to vegetated Me,,; vegetative, terrestrial, 0' aquatio hahitats Oi>) b
v j critical to the support of listed species providing one or more of the requirement to sustain their existence, such (f5I.J {\
m ,~ as range, nesting or feeding grounds; habitats which display biological or physical attributes which would serve ~ ~(
dl~1I1 V - to make them rare within the confines of the City, such as natural marine habitats, grass flats suitable as nursery C ,
oIl/! ,rr' feeding grounds for marine life, or established marine soil suitable for producing plant gr-owth of a type useful llJ)Jt
as nursery or feeding grounds for marine life; designated preservation areas such as those i~entified in the ~ ~ J
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comprehensive land use plan, national wildlife refuges, bird sanctuaries, manatee sanctuaries; natural reefs and
any such artificial reef which has been developed an associated flora and fauna which have been determined to
be approaching a typical natural assemblage structure in both density and diversity; oyster beds; clam beds;
known sea turtle nesting sites; commercial or sport fisheries or shell fisheries areas; habitats desirable as
juvenile fish habitat.
3.
data and testimony to show the effect of the proposed plan and
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ORDINANCE NO. 6795-01
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE COMMUNITY DEVELOPMENT CODE;
AMENDING ARTICLE 3, DEVELOPMENT STANDARDS,
SECTION 3-601, DOCKS BY REVISING THE DOCK
PROVISIONS IN THEIR ENTIRETY; BY AMENDING 3-909 BY
REVISING THE NEWSRACK PROVISIONS IN THEIR
ENTIRETY; BY AMENDING ARTICLE 8 DEFINITIONS AND
RULES OF CONSTRUCTION, SECTION 8-102 BY ADDING
DEFINITIONS OF NEWSRACK AND MODULAR NEWSRACK;
PROVIDING AN EFFECTIVE DATE.
WHEREAS the City of Clearwater has conducted an in-depth review of the dock and
newsrack provisions and determined that the existing requirements need to be amended;
and
WHEREAS, the Clearwater Community Development Board, pursuant to its
responsibilities as the Local Planning Agency, has reviewed these amendments,
conducted a public hearing to consider all public testimony and has determined that this
amendment is consistent with the City of Clearwater's Comprehensive Plan; and
WHEREAS, the Clearwater City Commission has fully considered the
recommendation of the Community Development Board and testimony submitted at its
public hearing; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Article 3, Development Standards, Section 3-601, Dock/Marina
Standards is hereby revised as follows:
Section 3-601. Docks.
1\. Permit roquirod. /\11 docks ..vhich are proposed to be constructed, added
to, or structurally altered shall obtain 3 building permit and 3 permit from
Pinellas County.
B, Procedures. I\n application f-or a building permit f-or the construction,
addition or structur31 alteration of a dock shall be referred to the City's
Harborm3ster to determine the impact of tho dock on n3vigation. If the
Harborm3ster determines th3t the construction, addition or structural
31teration will not 3dversely 3ffect n3vig3tion, the 3pplic3tion shall be
referred to the community development coordin3tor to be considered 3S 3
levol ona approval in accordance with the provisions of Article 1 Division
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Ordinance No. 6795 -01
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C. Repair.
1. Repair or repl3cement of any residential dock, catwalk, or portion of a
dock or catwalk that involves 50 percent or more of the dock, caD.valk or
boat lift shall required that the dock, catwalk, or boat lift conform to the
length, 'lJidth and position requirements of this division.
2. If any dock, seawall, bulkhead, private bridge, or marina is permitted to
fall into disrepair so as to become a dangerous structure creating an
unreasonable risk of bodily injury to any person who may walk thereon,
such structure shall be either removed or repaired so as to conf-orm \vith
the requirements of this division.
D. Docks, boat .'ift and service c3twaJk setbacks, Docks must be located in
the center one third of the lot or 20 feet from any extended property line,
v.'hichever is less, unless the dock is proposed to be shared by adjoining
properties whereupon the dock may be constructed on the property line
provided that all the other standards of this divisions are met. Boat lifts
and service catwalks (three feet maximum 'Nidth) shall be a minimum of
ten feet from any extended property line.
E, Length:, The length of docks and boatlifts shall not exceed 25 percent of
the width of the waterway or half of the width of the property on which the
dock is to be located, whichever is less.
F. INidth. The 'Nidth of a dock shall not exceed 35 percent of the 'Nidth of the
property, measured at the waterfront or 50 feet, whichever is less.
G. Tie polo setbacks. 1\ minimum of one foot setback from any extended
property line must be maintained, No tie pole shall be allmved to project
into the navigable portion of a 'Naterway mare than 25 percent of such
waterway.
H. Cover boat Iffts.
1, Covered boat lifts are permitted provided a permanent and solid roof deck
is constructed with materials such as asphalt shingles, metal, tile or 'Nood.
Canvas and canvas like materials are prohibited.
2. Vertical side'Nalls for boat lifts are prohibited.
I. Single pite da'lfts 3nd persona! watercraft lifts, Exempt from the setback
criteria so long as such davits and lifts are contained entirely within the
extended property lines.
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Ordinance No. 6795-01
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J. !'.{umber of slips, No dock shJII provide more thJn two slips for the
mooring of pleasure crJft, except JS houseboats mJY otherwise be
permitted consistent with ChJpter 33 of the City's Code, 'Nhich slips shall
be for the exclusive use of the residents of the contiguous uplJnd
property.
K. Persona! V'/atorcraft tifts are not considered to be boats slips.
L. Existing docks and lifts,
1. NO'.v boat lifts instJlled in previously permitted wet slips Jre exempt from
setback standards so long as such lifts are entirely contained 'Nithin the
extended property lines.
2. Repairs,
a. RepJirs to a dock, including mooring piles, require J permit.
b. Repairs to J permitted boat lift shJII not required a permit unless
pilings Jre replaced. Repaired or reconstructed bOJts lifts shJII not
have enclosed sides,
c. Repairs to or replacement of deck bOJrds only do not require a
permit. This exemption does not apply to any support structures
such as stringers, CJpS or floJters. All deck bOJrds must meet the
minimum construction criteria of Section 166,332(7), Pinellas
County regulJtions.
3. The hJrbormaster may approve de'.'iations to these stJndards contingent
upon one or more of the follmving:
a. Approval of the proposed deviation by the affected Jdjacent
property o'lmer(s)'.vho must sign ~md notarize the proposed
construction plan as having no objection.
b. An independent evaluation by the harbormaster's office that no
navigJtional or riparian rights conflicts will occur due to the
proposed construction.
c, Property configuration and circumstances that preclude placement
of reasonable dock structures \Nithin the above requirements,
M. Publicly owned facilities. Roofed structures shall be permitted on publicly mvned
boardwalks, observation plJtf-orms, elevated nature trails Jnd other such structures not
intended for use as a dock facility. Vertical 'Nalls shall not be allowed.
3
Ordinance No. 6795-01
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A. Citv Approval and Pinel/as Countv Water and Naviaation Control Authoritv
Permit Reauired. All docks which are proposed to be constructed, added to, or
structurally altered shall receive approval by the City and obtain a permit from
the Pinellas County Water and Naviqation Control Authority.
B. Citv Approval Procedures, Review and approval by the Community
Development Coordinator shall be required prior to the issuance of a permit from
the Pinellas County Water Naviqation Control Authority. Such approval shall be
considered a level one (minimum standard approval) or level two (flexible
development) approval in accordance with the provisions of Article 4 Divisions 3
and 4.
C, New Docks,
1. Docks. boatlifts and service catwalks that serve sinale-familv or two-familv
dwellinas.
a, Setbacks, A dock shall be located in the center one-third of the lot or
20 feet from any property line as extended into the water, whichever is
less, unless the dock is proposed to be shared by adioininq properties
whereupon the dock may be constructed on the common property line
provided that all other standards of this division are met. Boatlifts and
service catwalks shall be a minimum of ten feet from any property line
extended into the water. Tie poles shall be setback a minimum of one
foot from any extended property line. Sinqle pile davits and personal
watercraft lifts are exempt from these setback requirements provided
they are contained entirely within the extended property lines.
b. Lenath, The lenqth of docks and boatlifts shall not exceed 25 percent
of the width of the waterway or half of the width of the property
measured at the waterfront property line, whichever is less. Tie poles
may extend beyond the dock provided such poles do not exceed 25
percent of the width of the waterway and "do not constitute a
naviqational hazard. ~
c.
at the waterfront
d. Covered boatlifts. Covered boatlifts are permitted provided a
permanent and solid roof deck is constructed with material such as
asphalt shinqles, metal, tile or wood, Canvas and canvas like roof
materials are prohibited. Vertical sidewalls are prohibited on any
boatlift or dock.
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Ordinance No. 6795-01
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e. Number of slips. No dock shall provide more than two slips for the
moorinQ of boats, except as houseboats may otherwise be permitted
consistent with Chapter 33 of the City's Code of Ordinances. Slips
shall be for the exclusive use of the residents of the contiQuous upland
property. Personal watercraft lifts are not considered to be boat slips,
f. Width of Catwalks. Service catwalks shall not exceed three feet in
width.
g. Deviations. Deviations from the requirements of this section may be
Qranted by the Community Development Coordinator based on one of
the followinQ reasons:
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I. mean low water de th is not sufficient to accommodate a t ical ~ .
sized boat; 0 r ( J/e..-
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II. the need to protect environmentally sensitive areas as required 4--~_ ~
by the Pinellas County Water and NaviQation Control AuthQrity; y..
or ' ~h..Lut \ '~l (fft1 {l()Y/t{.. v( ft)5 .
iii. property confiQuration alia eir8~1 :~..... .30'- preclude the ~
lacement ot r-w..P II I; .b1Q dock structure / within the above -.........
rdl~i~ r.(ftI, {,tS S';((N#t~Cl-f\. J1J
Devia' s may be Qranted as Mevel One approval (minimum standard)
provided that siQned and notarized statements of no objection are
submitted from adjacent waterfront property owners, as well as siQned
and notarized statements on the Pinellas County Water and NaviQation
Control Authority permit application. In the event statements from the
ad'acent ro ert owners can not be obtained such deviations ma be tN11..hi
reviewed b the Communit Develo men Bo as Le~el I 0 d ,V~1 U J
application. DrL't> l1.." ~ ~ 1 v
Commercial and multi-use docks. of ~ CCWlI'd-- he- ~
a. Setbacks. All commercial and multi-use docks shall be located so that /,
no portion of such dock is closer to any property line as extended into
the water than ten percent of the applicant's property width measured
at the waterfront property line, Multi-use private and commercial
docks abuttinQ adjacent waterfront sinQle-family or two-family property
must be setback a minimum of one-third (1/3) of the applicant's
waterfront property width from the adiacent waterfront sinQle-family or
two-family property.
Lenath. The lenqth of commercial and multi-use docks shall not
extend from the mean hiQh water line or seawall of the applicant's
5
Ordinance No. 6795-01
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property more than seventy-five percent of the width of the applicant's
property measured at the waterfront property line. Tie poles may
extend beyond the dock provided such poles do not extend 25 percent
of the width of the waterway and do not constitute a naviqational
hazard.
c, Width. The width of commercial and multi-use dockinq facilities shall
not exceed seventy-five percent of the width of the applicant's property
measured at the waterfront property line.
d. Covered boatlifts, Covered boatlifts are permitted provided a
permanent and solid roof deck is constructed with material such as
asphalt shinqles, metal. tile or wood. Canvas and canvas like roof
materials are prohibited. Vertical sidewalls are prohibited on any
boatlift or dock.
e, Deviations, Deviations from the requirements of this section may be
qranted by the Community Development Coordinator based on one of
the followinq reasons:
i. mean low water depth is not sufficient to accommodate a typical
sized boat;
ii. the need to protect environmentally sensitive areas as required
by the Pinellas County Water and Naviqation Control Authority;
or
iii. property confiquration and circumstances preclude the
placement of reasonable dock structures within the above
requirements.
Deviations may be qranted as a Level One approval (minimum
standard) provided that siqned and notarized statements of no
obiection are submitted from adiacent waterfront property owners, as
well as siqned and notarized statements on the Pinellas County Water
and Naviqation Control Authority permit application. In the event
statements can not be obtained, such deviations may be reviewed by
the Community Development Board as a Level Two application.
D. Existinq docks and lifts and repairs.
1. Existina docks and lifts. New boat lifts installed in previously permitted wet
slips are exempt from setback standards so lonq as such lifts are entirely
contained within the property lines as extended into the water.
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Ordinance No. 6795-01
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2. Reoairs.
a. Any repair made to an existinq approved dock that does not extend.
enlarqe or substantially chanqe the location of any portion of the dock
does not require review and approval by the Community Development
Coordinator however. a permit may be required by the Pinellas
County Water and Naviqation Control Authority, If. however. such
repair enlarqes, extends. or substantially chanqes the location of any
portion of the dock. such repair shall require the review and approval
by the Community Development Coordinator prior to the issuance of a
permit by the Pinellas County Water and Naviqation Control Authority.
The review of a substantial repair shall be pursuant to the standards
described in this section.
b. If any dock. seawall, bulkhead, private bridqe. or marina falls into a
state of disrepair and becomes a danqerous structure creatinq an
unreasonable risk of bodily iniury to any person who may walk
thereon. such structure shall be either removed or repaired so as to
conform with the requirement of this division,
E. Publiclv owned facilities, Roof structures shall be permitted on publicly owned
boardwalks. observation platforms. elevated nature trails and other such structure
not intended for use as a dock facility. Vertical walls shall not be allowed,
Section 2. Article 3, Development Standards, Section 3-909 Newracks, is
hereby amended by revising newsracks as follows:
A Genera! Provisions, 1\11 newsr3cks sh311 comply with the follO'.\'ing gener31
provisions.
1. No nmvsr3ck sh311 obstruct the flow of pedestrian or vehicul3r traffic,
2. No newsrack shall be loc3ted in 3 m3nnor that imp3irs 3 motor vehicle
oper3tor's view of motor vehicles, bicycles, or pedestrians upon entering
or exiting 3 right of way.
3. No nO'.\'srack shall be loc3ted in 3 visibility trbngle
1. No newsr3ck shall reduce the width of 3 side'A'3lk or tr3vel route belO\\'
ADA requirements.
5. No newsrack shall be used for advertising purposes other th3n 3dvertising
for tho public3tion being distributed or sold.
6. No newsr3ck sh311 be chained, bolted, or att3ched in 3ny other m3nner to
a utility pole, tr3ffic sign or other fixture.
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Ordinance No. 6795-01
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7. Newsracks shall be maintained in a neat and clean condition and in good
repair at all times.
8. The telephone number of a working telephone service shall be affixed to
each ne'::srack in a readily visible place so that reports of malfunctioning
newsrack can be made and violations of these provisions can be reported.
9, The location of any newsrack shall not block the vie'l.' of any historic
building or scenic vista or major City entryway,
B, /\dditiona! requiremonts for neY/stacks located on pubf.ic rights of Ylay,
1, No portion of any newsrack shall bo installed or maintained upon or over
any part of a roadv.'ayor bicycle path.
2, Newsracks may be located upon a sidewalk in excess of five (5) feet in
'lIidth, at the edge of the sidowalk and on either side of the sidell.'alk but
not directly opposing another nm....srack, and fronting to'/:ards the center of
the sidO'.valk. However, a newsrack shall not be installed or maintained
'Nithin five (5) feet of a curb or the edge of road'Nay pavement.
3. If the sidewalk adjoins a landscaped area of the public right of v:ay of a
sufficient size to fully and lawfully accommodate a nm.\'srack, and if the
side'Nalk is five feet or less in width, the Community Development
Coordinator may approvo the location of a nOlJ/srack provided such
nowsrack be place upon a '::ire roinf-orced concrete pad, f-our inches thick
or greater, of sufficient sizo to support the based of the newsrack, or other
reasonable alternative measures approved by the City
Engineer, The front of any newsrack located in landscaped areas of the
public right of way shall face tm...ards the sidewalk.
'1. Newsracks may be anchored to any concrete pad located in the public
right of W3Y.
5. Newsracks shall not exceod fifty five (55) inches in height.
6. Single newsracks may be located every 100 feet.
7. Combination of multi stand free and pay ne'l.'sracks may be located side
by side provided the total length of such racks does not exceed six (6)
feet. ^ distance of 300 feet shall separate such combination of racks,
B. Addition:]! Pm\lisions f-ot C, T, and D Districts. In the Commercial, Tourist and
Do,,"mtm.vn Districts, the allowable longth of combination nev.'sracks may be
extended through the flexiblo standard development re'.'ie'll process provided the
ne'Nsracks meet the following critoria;
8
Ordinance No. 6795-01
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1. The ne'tlsracks are integrated into a pedestrian area;
2, The location of the ne'Nsracks provides convenient pedestrian access;
3. The newsracks are visually screened;
1. The nmvsracks do not obstruct the flO'.v of pedestrian or vehicular traffic; and
6. The nmvsracks are compatible 'Nith surrounding activities,
A. General Requirements for Newsracks and Modular Newsracks
1. Newsracks and modular newsracks may be located either on private property or
within the public riqht-of-way.
2. Newsracks and modular newsracks shall be maintained in an upriqht. neat and
clean condition and in qood repair at all times,
3. No newsrack or modular newsrack shall obstruct the flow of pedestrian or
vehicular traffic.
4. No newsrack or modular newsrack shall be installed or maintained upon or over
any part of a roadway or bicycle path or be located in a manner that impairs a
motor vehicle operator's view of motor vehicles, bicycles, or pedestrians upon
enterinq or exitinq a riqht-of-way.
5. No newsrack or modular newsrack shall reduce the width of a sidewalk to less
than four (4) feet.
6. No newsrack or modular newsrack shall be used for advertisinq purposes other
than advertisinq for the publication beinq distributed or sold. Letterinq shall not
exceed one and one half (1 %) inches in heiqht and shall be located only on the
front and back of the newsrack or the front and back of each compartment in a
modular newsrack.
7. No newsrack or modular newsrack shall be chained, bolted or attached in any
other manner to a utility pole, traffic siqn or other similar fixture, excludinq pads
desiqned to support newsracks, located in the public riqht-of-way.
8. The telephone number of a workinq telephone service of a representative of the
publication shall be affixed to each newsrack or modular newsrack in a readily
visible place so that reports of malfunctioninq newsracks/modular newsracks can
be made and violations of these provisions can be reported.
9
Ordinance No. 6795-01
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B. Location of Newsracks and Modular Newsracks,
1, No newsrack or modular newsrack shall be located in a visibility trianqle or within
five (5) feet of a curb of the edqe of roadway pavement.
2. The location of any newsrack or modular newsrack shall not block the view of
any historic buildinq or scenic vista or maior City entrvway,
3. The front of any newsrack located in landscaped areas of the public riqht-of-way
or on a public sidewalk shall face toward the sidewalk and/or away from the
street.
C. Heiqht. Desiqn. and Separation Requirements for Newsracks and Modular
Newsracks.
1. Newsracks shall not exceed fifty (50) inches in heiqht and modular newsracks
shall not exceed fifty-five (55) inches in heiqht.
2. A 100 foot radius separation shall be maintained between all types of newsracks,
except that two metal newsracks may be located side by side. Those newsracks
located on public property shall be of the same color, however on private
property this restriction shall not apply, If three or more publications are qrouped
toqether in a sinqle location, such publications shall be located in a metal
modular newsrack.
3. Modular newsracks may be used in combination provided that such racks
located at the same location are of the same material. Those newsracks located
on public property shall be of the same color, however on private property this
restriction shall not apply,
4. No sinqle modular newsrack or qroupinq of modular newsracks shall exceed
eiqht (8) feet in lenqth.
5. Newsracks and modular newsracks are limited to a depth of a sinqle unit. The
back of a newsrack shall not be located aqainst the back of another newsrack.
6. Newsracks and modular newsracks shall be of uniform material and where
located on public property shall be finished with muted, earthtone and uniform
color,
D. Construction Requirements, All types of newsracks must be appropriately
anchored or secured from potential hazards, in accordance with current
enqineerinq standards, and may be anchored to any concrete pad located in the
public riqht-of-way provided all other provisions are met.
10
Ordinance No. 6795-01
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E. Additional Requirements for Newsrack and Modular Newsracks in the Tourist
and Downtown Districts, All types of newsracks located in the Tourist and
Downtown Districts shall be subiect to the applicable adopted desiQn Quidelines
QoverninQ Clearwater Beach and Downtown. The Community Development
Coordinator may extend the allowable lenQth and heiQht of modular newsracks,
provided the newsracks are compatible in terms of location, heiQht and lenQth
with the surroundinq environment.
Section 3, Article 8, Definition and Rules of Construction, Section 8-102 is
hereby amended by adding the following definitions:
Newsrack means a self-service or coin-operated box, container, storage unit or
other dispenser installed, used or maintained for the display, sale or distribution of one
newspaper, periodical, advertising circular or other publication,
Newsrack, modular means a newsrack designed as an integrated unit with two or
more compartments to display, sell or distribute two or more newspapers, periodicals,
advertising circulars and other publications.
Section 4, This ordinance shall take effect immediately upon adoption,
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form: Attest:
Cynthia E, Goudeau
Assistant City Attorney City Clerk
11 Ordinance No. 6795-01
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Option 2 for Commercial and Multi-Use Docks
Section 3-601 (C)(2)
2. Commercial and Multi-Use Docks. New commercial and multi-use docks shall
require a Level One Flexible Standard Development review by the Development
Review Committee (DRC). Commercial and multi-use docks shall be reviewed for
compliance with the following criteria.
a. Navigation Impact
(insert standards)
b. Environmental Imvact
(insert standards)
c. Dimensional Standards.
1, Setbacks. All commercial and multi-use docks shall be located so that
no portion of such dock is closer to any -property line as extended into
the water than ten percent of the applicant's property width measured
at the waterfront property line. Multi-use private and commercial
docks abutting adiacent waterfront single-family or two-family
-property must be setback a minimum of one-third (1/3) of the
applicant's waterfront -property width from the adiacent waterfront
single-family or two-family property.
ll. Lenzth. The length of commercial and multi-use docks shall not
extend from the mean high water line or seawall of the applicant's
property more than seventy-five percent of the width of the applicant's
property measured at the waterfront -property line. Tie poles may
extend beyond the dock provided such poles do not extend 25 percent
of the width of the waterway and do not constitute a navigational
hazard.
lll. Width. The width of commercial and multi-use docking facilities shall
not exceed seventy-five percent of the width of the applicant's
property measured at the waterfront property line.
lV, Covered boat lifts, Covered boatlifts are permitted -provided a
permanent and solid roof deck is constructed with material such as
asphalt shingles, metal, tile or wood. Canvas and canvas like roof
materials are prohibited. Vertical sidewalls are prohibited on any
boatlift or dock.
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v. Deviations. Deviations from the requirements of this section may be
considered by the Development Review Committee and may be
approved by the Community Development Coordinator in order to
meet the navigation and environmental standards for dock review
provided that signed and notarized statements of no obiection are
submitted from adiacent waterfront property owners, as well as signed
and notarized statements on the Pinellas County Water and Navigation
Control Authority permit application. In the event such statements
cannot be obtained, such deviations may be reviewed by the
Community Development Board as a Level Two application.
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Option 2 for Commercial and Multi-Use Docks
Section 3-601 (C)(2)
cor>
2. Commercial and Multi-Use Docks. New commercial and multi-use docks shall
require a Level One Flexible Standard Development review by the Development
..~ Review Committee (DRC). Commercial and multi-use docks shall be reviewed for
compliance with the following criteria.
a. Navigation Impact
(insert standards)
b. Environmental Imvact
(insert standards)
c, Dimensional Standards.
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l. Setbacks. All commercial and multi-use docks shall be located so that
no portion of such dock is closer to any property line as extended into
the water than ten percent of the applicant's property width measured
at the waterfront property line. Multi-use private and commercial
docks abutting adiacent waterfront single-family or two-family
property must be setback a minimum of one-third (1/3) of the
applicant's waterfront property width from the adiacent waterfront
single- family or two-family property.
ll. Length. The length of commercial and multi-use docks shall not
extend from the mean high water line or seawall of the applicant's
property more than seventy-five percent of the width of the applicant's
property measured at the waterfront property line, Tie poles may
extend beyond the dock provided such poles do not extend 25 percent
of the width of the waterway and do not constitute a navigational
hazard.
lll. Width. The width of commercial and multi-use docking facilities shall
not exceed seventy-five percent of the width of the applicant's
property measured at the waterfront property line.
iv. Covered boatlifts. Covered boatlifts are permitted provided a
permanent and solid roof deck is constructed with material such as
asphalt shingles, metal, tile or wood. Canvas and canvas like roof
materials are prohibited. Vertical sidewalls are prohibited on any
boatlift or dock.
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Deviations. Deviations from the requirements of this section may be
considered by the Development Review Committee and may be
approved by the Community Development Coordinator in order to
meet the navigation and environmental standards for dock review
provided that signed and notarized statements of no obiection are
submitted from adiacent waterfront property owners, as well as signed
and notarized statements on the Pinellas County Water and Navigation
Control Authority permit application. In the event such statements
cannot be obtained, such deviations may be reviewed by the
Community Development Board as a Level Two application,
2
statutes->View Statutes: Online Sunshine
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Page 1 of 1
373.414 Additional criteria for activities in surface waters and wetlands.--
(1) As part of an applicant's demonstration that an activity regulated under this part will not be
harmful to the water resources or will not be inconsistent with the overall objectives of the district,
the governing board or the department shall require the applicant to provide reasonable assurance
that state water quality standards applicable to waters as defined in s. 403,031(13) will not be
violated and reasonable assurance that such activity in, on, or over surface waters or wetlands, as
delineated in s. 373.421(1), is not contrary to the public interest, However, if such an activity
significantly degrades or is within an Outstanding Florida Water, as provided by department rule,
the applicant must provide reasonable assurance that the proposed activity will be clearly in the
public interest,
(a) In determining whether an activity, which is in, on, or over surface waters or wetlands, as
delineated in s. 373.421(1), and is regulated under this part, is not contrary to the
or is clearly in the public interest, the governing board or the department shall con
balance the following criteria:
1. Whether the activity will adversely affect the public health, safety, or welfare or the property of
others;
2. Whether the activity will adversely affect the conservation of fish and wildlife, including
endangered or threatened species, or their habitats;
3. Whether the activity will adversely affect navigation or the flow of water or cause harmful
erosion or shoaling;
4. Whether the activity will adversely affect the fishing or recreational values or marine
productivity in the vicinity of the activity;
5. Whether the activity will be of a temporary or permanent nature;
6. Whether the activity will adversely affect or will enhance significant historical and
archaeological resources under the provisions of s, 267,061; and
7. The current condition and relative value of functions being performed by areas affected by the
proposed activity.
http://www.leg.state.f1.us/statutes/index.cfm?App _ mode=Display _ Statute&URL=Ch0373/ch" 5/9/2001
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C.
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Proposed Dock Provisions for the City of Clearwater (v-
Community Development Code Section 3-601 ~~'
May 8, 2001 ~ecuu..'.. C4- .p~~{~~
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City A!mroval and Pinel/as County Water and Naviaation Control Authority
Permit Required. All docks which are proposed to be constructed, added
to, or structurally altered shall receive approval by the City and obtain a
permit from the Pine lias County Water and Naviaation Control Authority,
City Approval Procedures. Review and approval by the Community
Development Coordinator shall be required prior to the issuance of a
permit from the Pinellas County Water Naviaation Control Authority, Such...
approval shall be considered a level one (minimum standard approval) or "<-:--
level two (flexible development) approval in accordance with the
provisions of Article 4 Divisions 3 and 4.
New Docks.
1. DredainG Prohibited. Dredaina to obtain naviaable water depths in
coniunction with any dock facility is expressly prohibited.
2. Docks, boatlifts and service catwalks that serve sinGle-family or two-
family dwellinas.
a. Setbacks. A dock shall be located in the center one-third of the
lot or 20 feet from any property line as extended into the water,
whichever is less, unless the dock is proposed to be shared by
adioinina properties whereupon the dock may be constructed on
the common property line provided that all other standards of
this division are met. BoatJifts and service catwalks shall be a
minimum of ten feet from any property line extended into the
water. Tie poles shall be setback a minimum of one foot from
any extended property line. Single pile davits and personal
watercraft lifts are exempt from these setback requirements
provided they are contained entirely within the extended
property lines.
b, LenGth. The lenoth of docks and boatlifts shall not exceed 25
percent of the width of the waterway or half of the width of the
property measured at the waterfront property line, whichever is
less, Tie poles may extend beyond the dock provided such
poles do not exceed 25 percent of the width of the waterway
and do not constitute a naviaational hazard.
c, Width. The width of docks. excludinq boatlifts. shall not exceed
35 percent of the width of the property measured at the
waterfront property line or 50 feet. whichever is less.
d, Covered boatlifts, Covered boatlifts are permitted provided a
permanent and solid roof deck is constructed with material such
as asphalt shinqles. metal. tile or wood, Canvas and canvas
like roof materials are prohibited. Vertical sidewalls are
prohibited on any boatlift or dock,
e, Number of slips, No dock shall provide more than two slips for
the moorinq of boats. except as houseboats may otherwise be
permitted consistent with Chapter 33 of the City's Code of
Ordinances, Slips shall be for the exclusive use of the residents
of the contiquous upland property. Personal watercraft lifts are (.
not considered to be boat slips, ~ I;
f. Width of Catwalks. Service catwalks shall not exceed three feet
in width,
g. Deviations, Deviations from the requirements of this section
may be qranted by the Community Development Coordinator
based on one of the followinq reasons:
i. mean low water depth of XX"; or
ii. the need to protect environmentally sensitive areas as
required by the Pinel/as County Water and Naviqation
Control Authority: or
iii. property confiquration which precludes the placement, of
dock structure similar in dimensional characteristics as
surroundinq dock patterns.
Deviations may be qranted as a Level One approval (minimum
standard) provided that siqned and notarized statements of no
objection are submitted from adjacent waterfront property owners.
as well as siqned and notarized statements on the Pinellas County
Water and Navigation Control Authority permit application, In the
event statements from the adjacent property owners cannot be
obtained or the proposed dock does not meet one of the criteria
listed above. such deviations may be reviewed by the Community
Development Board as a Level Two application.
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3, Multi-Use Docks. A multi-use dock. which is any dock owned in
common or used by the residents of a multi-family development.
condominium. cooperative apartment. mobile home park or attached
zero lot line development shall be permitted as a Level I minimum_~o
standard use provided such dock is less than 500 SQuareleerin~eck . ...k ;
area and complies with the dimensional provisions set forth in Section ~,a)
3-601(C)(4)(h), Deviations to the dimensional reQuirements may be
oranted pursuant to the provisions of Section 3-601 ((C)(2)(o) above.
~",^"J \10-\ ~ril\c\"
4. Commercial Docks, A commercial dock. which is any dock. pier .or
wharf used in connection with a. hotel. motel or restaurant where 1he
#\.
slips are not rented, leased or sold. or used in connection with a social
or fraternal club or ofoanization and used only by its membership. or is
constructed and maintained by the City of Clearwater. Pinellas County
or by any state Of federal aoency, shall be permitted only as a Level
Two flexible development use and reviewed by the Community
Development Board (COB). Any multi-use dock with a deck area
exceedino 500~s~uare feet shall be treated as a commercial dock. All
commercial docks shall be reviewed for compliance with the followino
criteria. \'Z5D
a. Use and Compatibilitv.
i. The proposed dock shall be subordinate to and contributes to the
comfort. convenience or necessities of the users or the
occupants.
II. The proposed dock shall be in harmony with the scale and
character of adiacent properties and the neiohborhood in oeneral.
III. The proposed dock shall be compatible with dock patterns in the
oeneral vicinity.
b. Impacts on Existinq Water Recreation Activities. The use of the
proposed dock shall not adversely impact the health. safety or well
beino of persons currently usino the adiacent waterways for
recreational and/or commercial uses. Furthermore. it shall not hinder
or discouraoe the existino uses of the adiacent waterway by uses
includino but not limited to non-motorized boats and motorized boats.
c. Navigation Impacts. The existence and use of the proposed dock shall
not have a detrimental effect on the use of adiacent waters for
navioation, transportation. recreational or other public conveniences.
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d, Impacts on Marine Environment.
Docks shall be sited to ensure that boat access routes avoid
io.i.l:trV to marine arassbeds or other aquatic resources in the
surroundina areas,
Docks shall not have an adverse impact upon natural marine
habitats. arass flats suitable as nursery feedina arounds for
marine life. or established marine soil suitable for producina plant
arowth of a type useful as nursery or feedina arounds for marine
life manatee sanctuaries:, natural reefs and any such artificial
reef which has been developed and associated flora and fauna
which have been determined to be approachina a typical natural
assemblaae structure in both density and..diversitv: oyster beds:
clam beds; known sea turtle nestino site: commercial or sport
fisheries or shell fisheries areas: and I),abitats desirable as
iuvenile fish habitat
e. Impacts on Water Qualitv.
i. All tumina basin, access channels. boat moorina areas and any
other area associated with a dock shall have ade uate cir
and existin water de ths to ensure that a minimum of
clearance is provided between the deepest draft of a vesse and
the bottom of the waterbody a>'TeanJ>r ordi~~ry: low water;tt.- .' -,~ ' /
{net,/, lo'-\..' {Id (. ~L'7/V.~
ii. The dock shall not affectively cause erosion. extraordinary storm
['(,;(g -- 3> t~ drainaae. shoalina of channels. or adversely affect the water
@ l ~ j ~\ quality presently existina in the area or limit proaress that is being
('~t! '33- (f- -- /) made toward improvement of water Quality .n the area in which
~ the dock is proposed to be located. ...
1. Impacts on Natural Resources.€,ztp'!fk.,.Ji..J- ~t.V')
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The dock shall not have a material adverse impact upon the
conservation of wildlife. marine life. and other natural resources.
includina beaches and shores, so as to be contrary to the pubic
interest
II, The dock shall not have an adverse impactonMa~tetj ~;
veaetative. terrestrial. or aquatic habitats critical to the support of
listed species providina one or more of the requirements to
sustain their existence. such as ranoe. nestina or feedina
arounds: habitats which display bioloqical or physical attributes
which would serve to make them rare within the confines of the
City: desionated preservation areas such as those identified in the
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comprehensive land use plan. national wildlife refuaes. . and bird 'A. ~ 5>
sanctuaries. ....
s-t g. Impacts on Wetlands Habitat/Up/ands. The dock shall not have a
1,~3, ~material adverse affect upon the uplands surroundinQ,
E ~ h, Dimensional Standards, u a; p<t""-Me~
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A 1 - (je::J ~v ) v(' ii' i. Setbacks, All commercial and multi-use crocks shall be located so ,,"'- .to+C..
I 'v ~l rtr J pl.J that no p~rtion of such dock is closer to any property I~ne as ~ l ~
{~/ .~- jj, extended Into the water than ~gr;gem- of the applicant's
,'J (tr;t-- AP^" property width measured at the waterfront property line, Mutti-use
01 r:/.d)/' Le.{ i private and commercial docks abuttina adiacent waterfront sinale-
'J) .o/".t. family or two-family property must be setback a minimum of one-
".i' 33 4~ third (1/3) of the aRPlicant's waterfront property width from the
I b ~l) @..-/ adjacent waterfront SinQI~!:~~ or two-familv property.
l! ii. Lenoth. The lenath of commercial and multi-use docks shall not
extend from the mean hiah water line or seawall of the applicant's
property more than ..seweRtv-ftve' percent of the width of the
.. l 111\0 applicant's property measured at the waterfront property line, Tie
?t poles may extend beyond the dock provided such poles do not
extend 25 percent of the width of the waterway and do not
constitute a naviqational hazard.
III. Width. The width of c~mmercial and multi-use dockinq facilities
shall not exceedseventy..ftve percent of the width of the
applicant's property measured at the waterfront property line.
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iv. Covered boatlifts. Covered boatlifts are permitted provided a
permanent and solid roof deck is constructed with material such
, /
as asphalt shinales, metal. tile or wood. Canvas and canvas like . ,
roof materials are prohibited. Vertical sidewalls are prohibited on' r. j.;., i
any boatlift or dock.
v. Deviations. Deviations from the requirements of this section may
be considered and approved by the Community Development
Board in order to meet the naviqational and environmental
standards for dock review,
i. Publicly owned facilities. Roof structures shall be permitted on publicly
owned boardwalks, observation platforms, elevated nature trails and
other such structure not intended for use as a dock facility. Vertical
walls shall not be allowed.
D. Existinq docks and lifts and repairs,
1. Existinq docks and lifts. New boat lifts installed in previously permitted
wet slips are exempt from setback standards so lono as such lifts are
entirely contained within the property lines as extended into the water,
2. Repairs.
,f: 1/....1( ,"'-
a. Any repair made to an existino approved dock that does not
{". extend, enlaroe or substantially chanoe the location of any
portion of the dock does not require review and approval by the
Community Development Coordinator however. a permit may
be required by the Pinellas County Water and Navioation
Control Authority. If, however, such repair enlaroes, extends,
or substantially changes the location of any portion of the dock.
. ~....tl such re' air shall re uire, the review and a roval b the
C4- f~{F-' Community Development oordinator prior to the issuance of a
permit by the Pinellas County Water and Navioation Control
Authority. The review of a substantial repair shall be pursuant
to the standards described in this section.
b. If any dock. seawall. bulkhead, private bridoe, or marina falls
into a state of disrepair and becomes a danoerous structure
creatino an unreasonable risk of bodily iniury to any person
who may walk thereon. such structure shall be either removed
or repaired so as to conform with the requirement of this
division. ~ 'I" Co 0 ,
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