PLANNING AND BUILDING DEPARTMENT
Automatically extend all eligible building permit applications and Development Orders for a period of 24 months pursuant to Gov. DeSantis’s Executive Order declaring a state of emergency and Chapter 252, Florida Statutes.
The Florida Statutes provide an opportunity for permit holders to extend certain permits due to declared states of emergency. According to Section 252.363(1)(b), permit holders are responsible for requesting these extensions.
Our team will reach out electronically using contact information on file to inform all open permit holders about the option of requesting an extension along with the instructions on how to do so. In addition, we will also include this information on our website and include in updated mailings.
If a permit holder does not request an emergency extension, it’s important to know the Building Official has the authority to extend building permits for good faith efforts. To maintain an active permit status, only one inspection is required within a 180-day period. However, if a development order or permit has already been extended in accordance with previous emergency orders, the full 24-month extension may not be available to them. Additionally, holders of development orders should also be aware that they can seek extensions through the Community Development Coordinator and/or the Community Development Board.
Create mobile permitting station(s) to assist businesses with permitting questions as well as review and expedite permit granting.
The city opened a pop-up permit center in a Police Command bus located at the Beach Recreation Center on Oct. 15th after the original scheduled opening of Oct. 8th was delayed by Hurricane Milton. Permitting and floodplain management questions are being answered and certain permits can be issued on the spot. The location of the pop-up center has transitioned to the pool building at the rec center at 51 Bay Esplanade.
Waive permit and development review application fees, inspection fees, and impact fees for all applications for repair and replacement resulting from the hurricanes.
Permit fees for all repairs needed due to damage caused by hurricanes Helene and Milton are being waived for 90 days (Jan. 10th). This can be extended if needed.
Adopt proposal for commercial establishments to repair Hurricane damage as outlined below:
1. Establishments will not violate the 50% rule. The Federal Emergency Management Agency’s (FEMA) 50% rule is a regulation that limits the cost of repairs and improvements to a structure in a flood zone to less than 50% of its market value. The rule is part of the National Flood Insurance Program (NFIP).The 50% rule applies to non-conforming structures, which are structures that are not in compliance with current flood regulations.
2. Establishments can use 30% of the FEMA allowance and begin repairs without any permit.
3. Establishments must have licensed contractors perform all work.
4. Establishments must photograph all the work performed. Example: interior walls before closing them in, showing electrical repairs, etc.
5. Once work is complete, establishments must apply for the permit and submit their photographs with the permit application.
Note: If the work shown in the photos was not done correctly, businesses will be required to tear out work performed and fix within the guidelines.
City staff understands the need and urgency of moving quickly to repair damaged businesses. Permits related to damaged properties are being provided priority review through the staffing of the pop-up permit center located on Clearwater Beach. The Planning and Development Department is also in the process of obtaining additional Building Plans Examiners that will be dedicated to reviewing permit applications related to storm damage in the floodplain. It should also be noted that the city provides next-day inspections for any project requesting an inspection before midnight.
To obtain a permit for restoration work the following processes and rules should be followed:
- You must have a licensed contractor.
- The contractor must provide a list of the work to be done, a hand sketch of the room or area the work is being done in, a written description of the work to be performed in each room or area, and a list that includes the estimated value of the work.
- You must provide the Pinellas Couty Property Appraisers letter showing the amount that can be spent under the 50% rule. Note: All work within the past 12 months count toward the non-substantial 50% grand total allowable if the property is below the base flood elevation.
- Take pictures of the work before construction and then after construction.
- You must meet the inspection criteria by meeting one of the 3 following options:
- A licensed architect or engineer certified for inspections who signs off on all the work
- You can self-certify by having each subcontractor provide a letter certifying they have done the work according to the Florida Building Code.
- Use city inspectors
To comply with the National Floodplain Insurance Program, permits must be issued within the special flood and coastal high hazard areas prior to work being performed. Circumventing this process could not only jeopardize the city’s ability to participate in the insurance program, it could also result in a property owner unknowingly creating a substantial improvement/damage that would have unwanted and expensive ramifications for the owner.
Please see FEMA Publication 213 “Answers to Questions About Substantially Improved/Substantially Damage Buildings” dated August 2018 which specifically answers the question about suspending permit requirements for the repair of damaged buildings (see question 32).
https://www.fema.gov/sites/default/files/2020-07/fema_p213_08232018.pdf
For smaller establishments or those with less damage; Adjust the monetary threshold required to apply for a permit for repairs. The current threshold is $500 or more in repairs requires a permit. Additionally, consider waiving permitting requirements for repairs such as; any drywall repair 2 feet or less from the finished floor; new roof covering, or the recovering, re-roofing or repairing of an existing roof covering, either of which is five hundred (500) square feet or less; painting, papering, tiling, carpeting, cabinets, countertops, and similar finish work; fence Repair & Replacement; repair of soffits & facia; replacement of front and rear exterior doors (keeping existing framing).
It would be difficult to adjust the threshold for permitting for a small segment of properties in the city. Permit fees have been waived for all work associated with repairs that require a permit, and many permits can be issued the same day or within 1 business day.
The following work does not need a building permit, however, if a property is substantially damaged and located in a flood hazard area, these will be part of the project value for substantial improvements:
- Painting, papering, tiling, carpeting, cabinets, countertops, and similar finish work.
- Repair of small areas of damaged soffits and facia
- Repair of a small and minor roof leak less than $500.
- Repair of existing exterior doors provided existing frame is not impacted.
- Replacement of broken windowpanes
Staff discussed drywall repair 2 feet or less from the finished floor and believe this requirement should not be waived for several reasons. It is important to see what is behind the wall as water damage over time can impact structural stability. Also, saltwater can rust the various fasteners behind the drywall. The Florida Building Code also has requirements for fastening and inspections should be conducted. It is possible for much older homes to also have electric outlets on the baseboards. Lastly, drywall sheets come in a standard size of four feet by eight feet so most repairs will remove up to four feet of drywall. A major factor in permitting and inspections is to minimize damage in the event of another flood event. Proper construction can minimize the damage and cost of repair in future flood events.
FEMA
To the greatest extent possible, work with property owners to ensure their repairs and replacement are considered less than 49% of the value of the structure to avoid the cost of complying with the FEMA 50% rule including working proactively with property owners on phasing repairs and replacement efforts.
The city and the Planning and Development Department understands the very difficult choices our residents and business owners are facing with the damage sustained by hurricanes Helene and Milton. Staff has been and will continue to counsel property owners on the requirements of the 50% rule and will discuss options for compliance. Staff continues to advise owners to have a 10% contingency because most renovation projects have unexpected costs that, if not planned for, could result in a project resulting in a substantial improvement. Phasing of a project that exceeds the 50% threshold is in violation of the city’s participation with the National Floodplain Insurance Program. Staff is in the process of scheduling a town hall meeting to go over the 50% rule with our community, additional information and a date will be announced soon.
Amend Comprehensive Plan Section 5.1.5 which provides: “Allow for the redevelopment of structures in the AE and V Zones where damage is greater than 50% of the assessed value prior to damages, consistent with adopted densities or as-built densities at the time of the storm damage and in accordance with applicable codes, the CDC, and FEMA requirements” to include replacing density and intensity for allow replacement of commercial and accessory uses and not just residential density units. The City should also consider this effective immediately under the Pending Ordinance Doctrine to allow for its immediate effect.
It would be beneficial to understand the extent of properties in the AE and V zone that have nonconforming FAR as this is not something staff has seen. The Resort Facilities High Future Land Use category would govern most of these properties and allows a FAR of 1.0. This means that the total interior floor area of a building measured at the inside face of the exterior walls, but excluding parking garages, stairwells, and elevator shafts can equal the land area on which the building sits.
The process to amend the Comprehensive Plan is lengthy (approximately 9 months) and requires City, County and State approval. The City Attorney has advised that the pending ordinance doctrine likely does not apply to comprehensive plan amendments, being that such amendments require approval of several independent government entities. Therefore, it is not likely that an amendment could be applied retroactively to a property if a substantial damage/substantial improvement determination has been made prior to the adoption of the ordinance.
DEBRIS REMOVAL
Currently, Pinellas County dump is not an approved site for FEMA commercial contractor debris disposal. Identify solutions within the city to assist business owners with debris removal.
As of 10/29/24 we have received additional guidance regarding commercial debris removal, and we will have a new plan updated and implemented very soon.
COUNTY COORDINATION
Coordinate with Pinellas County municipalities identifying common rules for all cities and create messaging on behalf of entire county.
We meet regularly with the County Administrator and the other Pinellas County administrators; our next meeting is on 11/1 where this topic is going to continue to be discussed.
TOURISM DEVELOPMENT COUNCIL
Collaborate with Visit St Pete/Clearwater to identify additional dollars to communicate with our markets that Clearwater & Clearwater Beach/Pinellas Beaches will be ready by spring break of 2025 and to plan your vacations now.
This is ongoing as well. We coordinated a press conference with VSPC/Amplify and our Public Communications team is currently working on a national news pitches to further that message. Visit Florida and Visit St. Pete Clearwater are both planning to invest significant dollars into these types of campaigns prior to spring break 2025.