The Zoning Ordinance - Ordinance No. 283
',~
-/. .') .:' > ','. ~,,:)-.\~~.( _', .i',"/"~: ".~,:,jtij:_,-.t
1~~~ :. ..;'-:':')i.'~!.t' ).' ': {_1: ,.t.{^<J~~{~;'
::~~.~~<. ~(;,~:~^:./:ilp.'.i3:: ,,~./~" '~},,-:,:,'~:~,-~~~~rr
.' :.~
:. .."" ",":
r!"r""-- :,,~,,~r~~ (=~
:\, t "', ~ -- ~.:. ~~""':~~t:1... ~/.' ....'" #~ 't...t;~ ~ ~./
; I ,. "': ;. "~ A,<':~:-~:'~~":~,: ;, ,J'!;)'~'.,~)~
.... " <',rl>HE:,,:~~~~~,z..t)'N'~ll\T Lt..
lJ:l<,,:i~Jt~;i~i,l~~: .., '"~_. . j\.,," . ' : .~.~ ~~ ..,. . < . ;~;.~ 't'. /~,'
~I~ Rtf" >. '@".
i ..: ", "'.('.~. rV<~':':,"
t
t
'''1
>,
,j~
~ ~~i;:',:
\" );,~
;}f:/"I
f1~1
': .""
.
,t".
. ';t:~;j ;.~!.
'.C, ,
~,;, .
1i-:.'-
:,
~j
.~ - ..)
$i..
~-~.
e,
.!~~}
,,~.,:;~; ..
1\. ..1;:;',.;.~,\:
\'/;<;:C:.r:
.,' ..~ ' ;.~':: '" ';e,
. ..' '. . ,...,.:..);;c:':; ":.' ..... t
~:,:' :;-' : .;-}},"',::':':..;:j.~:':~:~.;~ "'ji>""
"~., 'c.::' .. :,,.;,.,.'\ ~ . .,;( .' [{')'i~\
r" ;.;.:~<;;.<>...,; d '<',i"';,)":; " ;.,;.;;;,- ? .;.:~~': .,{ i.'.;";l,~;:'~
r~;"". " . :,." " ,;::.;e;';'" ,.;-,;;.. :..;. Jr:"1"'\'; .-.
~'~:;,' ;.. ;;,J~~i ';,> ::,,::<,'-:'c:j:. r:' ;';l~~\";/";} : . '." ".:'"
.~ .'<D:., ;',{"',;):<,.?':.:,..',:,.,'"c;,;.;\{.t:.... L.....:.".':..';:.,;;.::::'':'~..C . ..... .. :,......".'
:j)i:.;;, "\X:", . " ,';'>+': . ~>". ., "',
;.:, yi;:" ,., ',. ",',; ..:,.;:T;,i"".:' '.' , ...."
, ';"";;':;' ., ,.......>.:::, ;'>'" .:'. .' ; ,.' ."
r,.. i: :~')}})~f< '''''.;" ':"'\~Vf>r ." . . ': "
/' ":"i.~t~~l;::'J ..' .....';.... ~,.-:~.i",.:~.,;.,.,.':.-;:;;\ .;
" '.,.:::~'::;" .. .~~~ .~j;;:.\~.,.'::;:..,:r.... ;,.'1. .,. "'~ ",\'
(,; r.,. ~':n.t=lt ;'~:'h~; J;;t"'.....:; .:6*:,"),
f"", '., ,:,~_,;':-':;"J 'i:; :~ ": ..u~.,;~ ~i) .~\" < ;-:';(:~. '.
,.){:: ;",' ,,",.;, .;', ",.".'.,:.....j:i '{:i;' , 7',. ,,['::1
;", ;,':T',.., ',' ""'::.: \:~::.';:. ";;":;",.:.' ." '." ....
"f};:>< 'i'
-.,... "f'
R.Dl.
.
:;:~
},' .
~.
..f'
~:
:t:}J.;..~l
! :.
.
~. ~--
"" ;..:-/ ~.;:I ;' ';--"
:~~f:~ :.! ~ ,.~.
(':\t~,
Zoning't,@rdiI?an'ce No. '283
;:', .'-J~','~ ~ ". ~~
AN OHlHNANCJ!J ItEGULATINd'.' ,l;unlcI\Ung doors or wlmlowlI or
AND IU'RTHICTING 'TlIEUSE OP'w similar openings ; and the word shall
L^ ND AND THg 1-<:iCATION AND)', Include the word "structure."
USI.; Or<' BUILDINGS AND, STRUC.)~:~ (e) DWELLING HOUSFJ OR RFJSI-
TURICS IN nm CITY OF CLEAR-P,DENCE. ,A bulldlnll^ use,1 as a home
"'ATI~H, FLOHIDA, . CREATING",;'orreBldenc/l for a single famlly In
DISTHICTS OR ZONIJlS THEREFOR:~,I;whlch .all livIng rooms nre accessible
HEGlJLATING THE INTENSITY OFr"','; to each other 'from within the bulld-
liSIC OF' LOT ARI':AS AND THE LO.h'~, lng, and Hi whIch such IIvlnll^ roomll
CATION OF BUIIjDIIGS AND' are aecenlble wIthout using an en-
RTRUCTUHI~S THI~RFJON, ESTAB- trance vestibule. staIrway or hall-'
I,ISIUNO BIJII,DING LlNNS: PRO- waY that Is dPAlll^ned I\S a common
V[DING Fon TIn~ lNTERPRETA- entrance vestlhule or common stal..-
'rtON. APPLICA'I'lON, AND EN- way or common hallway for more
Jo'ORCEMENT OF ITS PROVISIONS, than one fnmll~', and In which the
,\ND FIXING' PENALTIES FOR' use and mnnagl'ment of all sleeping
VTOLA'l'IONS : AND. . PROVIDING '~:, quarters. all appliances for cooklnll^,
FOn A SPECIAl.. ELECTION' .'1'0';., 'ventilating, heatln", or lighting, oth-
D1~TFJRMINEWHETHER. OR ,NOT!4i-'er than a public service, are under
IT SHALL. GO INTO EF1l'EC'I'. ' i ..~, one control.
In pursunnce ot. allthority contdr.: (f) 'FAMIL~, One or more Indl-
rNI by Section 79, ot thEl'.J:lhli.rter ot ;" vlduals living, sleepln/!', cooking and
the City of Clearwater as amended,,,,: 'eatlnl!' ,on thA premises as a sIngle
by special act of the Legislature ap.~; houBekeeplng unit.
proverl the 2(\th day ot~, Junel031.fi . (g) GARAGE. A public garage,
nn,! for the purpose of prom~tlng thde:'~{except all otherwise provided by thl.!l
health. safety. morals, prOsperIty. an to paragraph Is a building or premises
gener.al welfare Of. Ilald. joC..I. ty: and. if'i. arranged,' desIgned or Intended .to
ns a prelimInary to a mOl'econlpre-;\f~be used for. the storage of motor ve-
henslve zoning antI Pla~n.!!lg..8cheme,):',: hlcles tor hire or reward. or Which,
for salr! City: . .....b.rl~lt,"II;"..,.lt "'<itdo8snot come within the definition q;
BI': IT ORDAINFJD. v;t .t!lEl" v Ya;i. ot. a prIvate garal!'e as herein IIet, '
Commission of the CllY'1IPt.;ii;Cle~r:;~~forth... A private garage Is a build,:,
water. Florl,la. as follows,,>, "'; ,l\~'1nll'wlth:. ground area not In excess t,
Section 1;, This Ordinance. .llhli.11 ~l)~ot . eIght. hundred (ROO) square. feet'
known as The Zoning Ordlna~ce" '~'" arranll'ed, destgnerl or Intended to be "
Section 2, DFJFINITIONS. ~,CElt~ "l1se,l for thl! storall'e on the ground '
tnln words In thIs ordlnari(!e aredeil",:ndor of not more, than four Indl- .
fln.ed for the purpollell. .thereof ,(un~'>f';".'vldUallY owne,' paslli!l1ger automobl.IElll
less therl' Is expreBS provlslol1' ex-; ~ devoted to the private use of the,'
elUding such construction. .0.'.1'. th..e .IUb.....~. ','.owner when Imch garllge Is ..Iocntl"d:
ject matter or context. III .'repugnant 141 on th~ same premIses wllh and ail
thereto) as follows: .... Ji',:", "'.' ",;".'an auxilIary UBe to the resIdence or
(a) \Vordll used In'ithepre8l!nt~: apartment of the owner of such aut""
tense Include the future".ltheslngu-i{ nlobllell 110 stored, and where notul"l.
lnr number Includes the ;~plurli.l: and r: lubricants or accesllorles arA MId. '
the plural the slng,~lad:;theWOrdS~ (h) LOT, A pnrcel of lI\nd or
"use" and "occupy In' eIther.. the'*>I'remll!e8 OCCUPlfl" hy onA bUlldln,1l^
pnllt or present tense IIhall Include~,:, wIth IhI ulluar auxiliAry bul\itlngs or
the words "arranged, designed or In-it! 1ISM cUlltomarlly Inclitent to It, In-
tended to he, orcapllble.>'of.. beln'!'r,:\: cluitlnll' ..uch oflCn space.. as lire rf!- ,
used or occupied"! .the,wo,l'/I'. other '~,You'red by thIs orillnance and snch
IIhllll not be limIted" to.Jiithlngs".Ofll(c;,open spllces as Ill''' -Ilrranll'ed and de..
slmllllr character. ,,' l . II'A l'lllR'ne<1 .t" be USl"d In connection with
(bl. A PA RTMFJNT . . HOlTSFJ. .,,:' such bulldlnll^. l!Iha1\ be dep.med a lot
buildIng which Is used or Intended to >_ for the purposes of thlll OrdinAnce
he used as a home or resl6ence .for:( except 8.Il herein Ilpeclflca1\y provld-
two or more tamlltell Ilvlng',lnsElP..t \ ed
8rllteapartments. . F',J.~"'" '. ,i,;:' C NFORMING USFJ A'
(c) AUXILIARY lJ'SE.\iUl!Ie cus.' (I) NON-.O T ,.
tomarlly tncldf!ntR.1 to. and . ACCp.nory ;' hon-conformlnll^, use Is a',use. which
to thp principal use ot a bnlldlnll^ 01'1'; rloes not comply with the rell'ulatlons
prem'-8e~ An,l located ori i. the ..same,i'" of th,e use dIstrIct In which It Is
'premIse.. with such principal lIlIe. situated.
(d) BUILDING. A building Is . a',' . ('j) No.TICE. Where notice Is re-
structure entirely separated. from,,: qull'edh]t thll!l orrllnancEl to be given
anv other structure by space' or by,', Itma]t . hI' given actually or by de-
wa1\s In .whlch 'thereilLrl!\~,nd~com. posit ot ,wrlttenilnotlce In the mati
' 4ri} , ' "~ff:;" " ,h~l'1 "I ',i
r~.:";"
~--~ ~~~-- ~--
.~ "~-'.~'.- -- .-. "~
.~
_ II..
B
I!
:I
I
~;.
.1,;
" ".
ll> the Illst known address of the per-
..on required to be notlfltld ai' by ad-
vertl..ement In any dally newspaper
regularly pllbllshed Iln \: the City of
Clearwatel' for two consecutive pub-
lication dIlY..
(k) PI~HSON, Shall Inclllde cor-
.,,)rute al,,1 other legal entities, their
oUlcers, rel'resentlltlves and agents.
0) STIU~E'r. As actually laid out
or projectell to. be laid out or ex-
tended.
Section 3, USI~ DISTRICTS. (a)
}o'or the purpose of das"lfylng, regu-
lating amI restricting the location
of trade.., Industries Ilnd other u.e.,
aJlll the loc"don of bulhllngs usell
for specific purposes, the City of
Clearwlltel Is hereby divided Into the
following c1llsses of zones pI' dis-
trlcts:
Residence distrIcts.
Business distrIcts.
Manufacturing districts,
Public dlctrlcts,
as shown In the map, consisting of
un Inllex sheet !Lnd sheets, said
sheets datell A prll 14th, 1932. and
slg-ned by the City Auditor and Clerk.
111111 which accompanIes and Is made
Il IllU.t of this Onllnance: and which
Illap Is hereby lleslll"nated. and shall
be known liS, the "Zoning Map of
the City of Clearwater." The use
,Ustrlcts lleveloped on saId map. are
herehy established.
Wherever practical boundllrles of
the ..everaJ dl..Illcts hereIn establlsh-
ell shall follow cenler lines of blocks,
slreets or alleys, Hnd If mllrglnal
along a street or highway. shall rlln
to the rears of the marglnlLl lotl.<,
anll It rlparl/ln Rhllll Include the
ahuttln!l' lancl unllcl' wllter.
(b) No I)remlses or build In!'; shall
be uRel1 or occupll',l or any bul1clln~
ereetl\cl, aller",l nr exten(ll\d to be
uRed or oC'C'upl",1 for /lny use or pur-
Ill'SI\ olh"r Ihun Ih/lt permlttl\cl In
the dlstrlC'1 In whlC'h "l1ch bulldlnK
t~. or n1'pnlt~(\A n f'P' lnrA.tfl!I1.
Sl\ctlnn 4. HF.RIDI.:NCF. DIS-
TRICTS. (a) In Il Residence dla-
trlct no hl1llllln~ or pr"mlse" Rhall
be used or ol'cupled. or anY bullll-
Ing erectell. all..rll(l or en1urll'ecl to
he I1scd or occuplecl exeept for R.
UR... exclusively as hereinafter de-
fined,
(b) For the purposes of this
ordinance. R uses are he,'ebY defln"cl
as I1ses deHlgnetl tot' amI perm1ttell
In Resilience lllslrlcts and contonn-
Ing 10 the provlHlon" r..lutlng to such
,lIlllrlcls l'espectlvelY; Rnll all n.
111l"S Ilre dasslfled an,J .letll1cll as
follows:
It-I Use-An H-' \Ise Rhall Include
evel'Y 11"1' as a dwelllnK house.
H-2 Use-An n-2 use shlLlI Illcl1ulc
evel'y use IlS !L hotel, aplll'tment
house, bOIlI',lIng hOllse, lodging
house, church, hospital. private
school unless opcrated sO as to bring
It within the definItion of a l:l u..c.
a. private club exceptlng one the
ellle! activity of which il~ a service
l;ustomal'lIy carrlell on as a buslnc..s
and a community center.
(c) In all are..s allocated Oil sahl
Illa!> to it-I uses, no premIses shall
ue used or snY bulllllng' occupiell, or
!lny bulllling bEl erected, altered 01'
extended to be used 01' occupleu cx-
cellt for R-I uses exclusivelY.
(d) In all areas allocated on sllld
mllP to R-2 uses. no premises shall
be used or any butllllng occupied. 01'
llny building be erected, !lltereu 01'
extended to be usell Ol' occuplell ex-
cept for R-l or R-2 uses.
Section :i" AUXILIARY USES IN
HI!:SIDENCI~ DISTRICTS. Auxiliary
uses whIch do not alter the charactcr
of the premises In respect to their
use for residential purposes shall be
permitted In Residence lllstrlcts,
Auxiliary uses shall Include the fol-
lowing. but the enumeration of such
uses shall not be Ileemet! to pl'even t
proper audllary uses that are not
referred to,
Signs not exceeding six ([I) feet In
area. ad vertlslng the premises for
sale or for rent, and signs not ex-
ceedlnp, twelve feet In area, stlltlllg
the name of the building, If an
apartmen: house or hotel; provided
that neither be prohibited by any
vllllll ordinance.
The office of a surgeon, physlcl..n
or dentist or other similar profes-
sional, 10catAd In the dwelJlng or
apartment used es the prIvate resi-
dence of such person ant! the u..ual
Inconspicuous signs.
Customary. hOllle occupation lo-
cated In a dwelling or apllrtment,
ancl carrlell "n onlY by the members
of the householil of the person occn-
pylng such dwelJlng or apartment aR
his private resilIence, pl'ovided no
window or other dIsplay or slim bf'
used to advprtlse such occupation.
The renting of one or more rOClms.
or the provlt!lng of table hoar,l In fl
dwelling or apartment house occ'n-
plet! as .. private reslllence In an
R-2 area, and the usual Inconspkn-
ous wlnrlow sign be used to advertise
f'uch use;
A pnbllc illnlnll' room or restllurant
located In en hotel.
'Such facilities as are reqnl..ed tor
the operatlor: of an hotel 0" apart.
. ment house, or tor the use or entp,'-
talnment uf I!'uests or lenants of th"
hotel 01' apartment house, when con-
<lnctell, anll enterel] only trom within
the hullrllng: provlllel1 no street,
wlnclow or other entertainment dls-
pIny. or other f'xte,'lor sign be us",l
to at! vertlse such use.
A private garage, with or wlthont
servants qUllrtors above, In connec-
tion with nn H-t use, IhnitC'd In
groun,1 ar('ll, to len per cenl of the
arca of the lo~. but not In "xcess of
2
~
.
:.. 'It.
.-
the grounu areOJ. prescdbeu for, or
in excess of, tho capacity Ilmlts of a
private garage, pl'Ovlded, however,
that a private garag.e in connection
with an H-l use shall not be located
on the same lot with another private
garago,
A private garage or garage apart-
Illent In connection with an R-~ use
Iimiteu In grounJ area to fifteen
(15cl,,) per cent of the arca of the
lot.
(b) Auxiliary uses shall not In-
clude:
A garage or stable In connection
with a non-conforming use, a drive-
way 01' walk used for egress fl'OIll
"I' Ingress to a B or M use, a blll-
boar'd, postcr or other advertising
sign or structure, a store, trade,
business, garage or stable; except
such as are hereinbefore specifically
permitteu,
Section (I, BUSINI~SS DISTRICTS,
(a) In a Business district no building
or premises shall be used or any
buildings be erected. alt ered. or en-
Illl'ged to be used except for R or
B uses exclusively as ljerelnafter de-
fined,
(b) POI' the purposes of this
onlinance, B uses are hflreby defined
as uses other than R, 10.1 anr! P uses,
designed for and permitted In Bnsl-
ness dlstrlct~ and conforming' to the
provisions relating to such districts,
(c) A B use shall Include every
use q sa:
Retail' or whoh;sale business, In-
clUding lI!rht lTIanufacturlng; pro-
vldcd that such business be conducted
wholly In a substantial building
completely enclosecl with walls ancl a
roof, and pl'ovldecl that the operation
or conduct thereof shall not be of
such a nature as to become offensive
or noxlolls to the occnpants of
neighboring premises usecl lor R
uses. by l'eaHOn of the emlHsion 01
odors. furnes ur g-ases, .lust, smoke,
noise or vlbl'atlons. ancl pl'Ovldeu that
an unclue fire haza,'d be not cl'eatec]
thm'eby, and as fin office bul'dlng,
Section .7, MANUFACTlJRING
DISTRICTS, (a) In a Manufactur'-
Ing district, any building or premises
may be occupied 01' used or any
hulldlng bc ercclell, hltered or en-
larged to be devoted to flny use not
prohibited In the City of Clearwater
by any otiler' ol'IlInance except as
hereinafter cleflned,
(b) M U~e, For the purpose of
thl~ Ol'dlnanee an 1\1 IIse IH her"by
deflnee] as finy use for an occupa-
tion. busln..ss or activity oth"r thAn
nn R, n or P use. that may lawfUlly
be cal'l'lec] on within the City, find
shall includ~ "ltrus "" oth"r pAcklnl':
plants, fa~t()I'h~R, llllllhel' yn.r,ls and
tr'uck gal'd(\lIll1g os H buslo(1ss.
Section R, PUBLIC DISTHICTS,
(a) In a Public cHstdct no hulldlnl':
01' premises shall Iw occupieel or
used, or any bullulng be erecleu, al-
tered or enlarged to be devoted to
any othel' than a P USIl exclusively,
as hereInafter deflnetl.
(b) 1<'01' the PUl'poses of this
ordlllance a 1-' Use la herebY defined
as a Uae designed for antl permitted
In Publtc ulstrlcts and conforml ng to
the proviSions relating to such dls-
tl'icts; and all P uses lue c1asslfieu
as follows:
1'-1 USIJJ, A pol use shall Indude
th" pUblic streets and highways and
every use as a pUblic park, public,
bulluing, public recreation groulllls,
al'latlon field, golf courae, baseball
field or training Quarter's,
P-2 USK A P-2 use Sh~1 Include
every use as l\ bathln beuch.
a. musement park and re,reational
en terprlsea.
P-3 lJSK A P-3 use sha I Include
every use as a rallwa~', other than
a street I'all way,
Pi USK A P-4 use shall Include
all places ot scenic beauty, calculut<HI
to attract visitors, tourists, anll per-
manent residents and to bulll1 up the
welfare and prosperity of the City
of Clearwater.
In such ar'eas no building or prem-
Ises shall be used or occupied. 01' any
building be erected, altered, enlal'ged
01' maintained so as to obstruct Ihe
view or to ma~ the scene 01' pros-
pect, or which In any way may mill.
tate against the attractive features
of the 10ca1l1Y. And In partlcul"r.
tho' not In limitation upon the fore-
going. no auvel'tlsln!\, posters. bill-
boards 01' other signs 01' stl'uct UI'I'S
ot whatever description shall he
erected or matntnlned tn such arellS
or within :\00 feet therefrom,
Section 0, TEMPORARY USES,
Nothing herein contained shall bc
construed to prevent the erection or
malntenanct: ot temporary structures
Inclelental to the prosecution of pub-
lic works or to building ope,'atlonR.-
or, In any other than Hesl<lence dis-
trIcts, for religious meetings, open
all' gatherings. tent shows or other
purely temporary uses 01' purposes:
provided that a permit theretoI' be
first pl'ocnred from the Building In-
spector. Such a permit shall he Ruh-
ject to revocation by the City ]\[/lU-
agel',
Section 10, NON -CONFOR1\IINO
USES, The lawful use of a building
existing on the eftectlve date of this
ordinance, or authorized by a build-
Ing per'mlt Issued prior thereto, Illay
be continued, although such use does
not conform with the provisions of
this ordInance. and such use may be
extended throughout the building. No
notl-conformlng use shall be extenr!-
ed so as to dlspiace a conformIng
rcsldential use, A non-conformIng
use may bechan~ed to a use of the
same or higher classification accord-
Ing to the provisions of this or'cUn-
3
'.
." ~..
nnce. \Vhenever a district shall
hereaCter' be changed, any then exist-
Ing non-conConnlng ,,\se, In such
changed <.llstrlct may be continued or
"hange<.l to a use oC a similar or
htghm' classlClcatlon. provided all
other regulations governing the new
U"tl artl complied with. Whenever a
non-conCormlng use oC a building has
been discontinued or changed to a
higher classlClcatlon or to a con-
Cormlng use, such use shall not
ther't'after be changed to II. use oC a
lower classlClcatlon. No building
which has been dama&,ed by Clre or
other causes to the extent oC more
than sixty-five per centum oC Its
,'alue IIhall IJ" repaired to rebull t ex-
cept III conCormlty with the regula-
tions or this ordinance.
Section ]1. LOCATION AREAS
AND VOULME OF DWELLING AND
APARTMJ'~N'r HOUSES, (a) Bulld-
In~L1nell. The building lines Indl-
catell on the said map al'e hereby
AstaIJllshed as the building lines In
Residence districts.
(b) Where I' block Is occupied or
partiallY occupied by. buildings at
the time this ordinance becomes eC-
Cectlve, the average oC the distances
from the street line to the Cront
sHcet walls oC such buildings shall be
the established bulhllng line. Lots
occupied by blllldlngs designed tor
,'csldence uses permitted In a Resi-
dence district, unless the aggregate
C,'ontage of such lots exceeds 110 per
cent ot the total frontage In the
Illock, shall be considered as though
vacant tor tbe purpose of establish-
Ing the building line where IOCllte11
In such a district.
(c) Location ot such Buildings. No
building shall be occupied or used.
or erecterl. altererl or extenl)ed, or
/lny structure whatever be erected or
malntalnel) so as to be nearer to
the street line. or. If on a corner
lot nearer to the street lines, than all
so InlHcated tor the given lot nor
nearer than three (3) teet to elthf>r
..llle line, or rear Itnp. at any lot. But
one dwelling or apartment house
sh/111 b... erecte,) 01' occupied' on a
slngl\! lot.
((I) No building 'tor auxiliary use
In such a rlllltrlct shall be nearer to
thA bulldlnll' line. or If on a corner
lot nearer to the' building lines In
either dlrp.ctlon. than one halt at the
r"malnder at the ,1I,pth of the lot.
(e) Area and Volume. No bulld-
.Inll( shall be userl or occuplerl. or
,erccte,l. altererl or enlargerl tor R
,Ulles. on' premises less In area than
twenly.tl\'\l(21\) teet. by one hun-
'drp.rl (100) feet. nOJ; shall any such
hullrllng contain .Iesa than sIxteen
. hundrerl (1(100\ cubIc ~eet on the
.A'rounrl floor tor eacl1f'ndlvlllual oc-
<1upant.
Sf>"tl"', 12,
Rl':STHICTIONS.
MISCFJI,T ,ANruOUS
(a) Bl11boardl!.'
No bl11boards, posters 01' other ad-
vertising signs or structures shall be
erected or maintained In a Residence
district except as herein specificallY
permitted or In a Public district and
In no case within 1100 teet of the
City's main approaches and highways
Inclu(\lng Fort' Harrison Avenue,
North and South, Betty Lane north
of Drew Street, Cleveland Street,
North East Cleveland Street. Drew
Street. ,Tampa' Boulevard. Park
Street, Druid Rd. west of the At-
lantic Coast Line right ot way. Man-
dalay Boulevard. and the rights of
way, stations and yards ot the At-
lantic Coast Line or the Seaboard
AirLIne Ratlroad, and none nlong
the approaches to or on the Cause-
.way. "
No such blllboard, poster or other
advertising sIgn or structure shall
exceed thIrty (30) teet In area, be
nearer than six teet trom any bullll-
Ing or any side lot or In the absence
ot a bulltllng line, within tlfteen teet
trom any street; or shall be nearer
than three teet trom the ground, or
higher than sll[ teet trom the ground.
or shall he at other than fire proof
materIal or Incapable of wlthstanll-
lug an etfectlve wind pressure of 80
pounrls to the square toot. and It
shall rest upon supports and founda-
tions not subject to rot or rust or
other forms ot. deterioration atfect-
Ing or tenrllng .to atfect the securIty
thereat. , ' ' . .
No 'non.llonformlng structures of
sRlrl class shall be altered or extenll-
ed except In contormlty wIth the pro-
visions of thIs section.
(b) I,t shall' be the duty of tM
Rull<lIng Inspector to examine from
time to time all exlstln!!' blllboa/'llR,
poster S 01 other a,lvertlslng struc-
tures to determIne whether or not
thp.)' conform to the requirements.
hereot anrl If not, he shall cause their
removal.
(c) Fl11lnll( Statlonll. RepaIr Shops
Rnrl Publl" Osrall'es. No building 0"
pl'Amlses ShRll be occuplerl or use,\.
or Anv hullrllng be el'ecterl, Illlpre,1
or enlarllred to he usecl or occulll,,<1,
ns II. gasoline /lnrl 011 fillIng or serv-
I<'e Iltatlon. TeWllr shoP or public Kar-
aKe In n. Real~"nce cllstrlct enll In a
Ruslness 'or ManutacturlnK rlllltrlct
only wIth the written consent of thp.
ownera or lessors pf the propertv on
both slrlea of the street adjacent to
the aalll block tlrst procured anrl t\lerl
with the Building Inspector;
. (d) Offensive Buslnesa or Manu-
tacturlng Uses:, No use otherwise
permItted by this orrllnanlle shall be
utlllzecl or avallerl of tor purposes
calclllatec:'t to ,create a punllc nulR-
ance, unduly "to Increase fire hazard
or trattlc' conJestlon, 01' to enrlanller
th.. s"tety, hAalth', morels or genp.ral
wp.lfllre of the CIty of CIMrwntH.
(e) AIrports and Aviation Fldrls.
'J'
~,;n
,,'
4
, '.
..
"
j
l
,-
,
, ..
.-'
No Smoke stacl<, Clagpole, elevate,l
tank, radio masts or station build-
ing or other structure or obstruction
to the operation of aircraft of a
height of more than fifty (50) feet
shall be placell within one thousand
(WOO) feet from the exterior boun-
daries of the Municipal Aviation
I"leld In ,mill City,
(f) Multiple Garages, Multiple
garages shall not be erected, main-
tained or occuple,l 01' used In any of
tne areas classified by this oJ'(lInance,
except such as may be Incidental or
auxiliary to M uses ami within the
lllstrlcts allocated on salll map to
such uses.
(g) Tourists Camps, etc, None of
the w,!es classlflell In this oJ'(llnance
shall be ,Icemed to Include a ceme-
tery or a tourist camp, or cottage
system having common facilities,
Section 13 ADMINISTRA TION,
(a) 'l'he administration anll enforce-
ment of ,this ordinance shall devolve
upon the Bulldlnl{ Inspector of the
City of Clearwater; or, In his ab-
sence or disability, upon such other
officer ot like qualifications as may
be appointell according to law,
(b). Such Bulhllng I nspcctor Is
hereby empower"d, and It shall be
his duty, to all minister this ordin-
ance In conjunction with the admin-
Istration of the Bulhll'hg Code of the
City of Clearwater In such a mllnner
as to .facllitlite their Joint admlnls-
,tratlon For the purpose of enforc-
Ing this orlllnance the authority vest-
ed In him unller the said Building
Code Is hereby declared to be vested
in him under this ordinance.
(cl In case of a conflict between
any of the provisions of this ordln-
fince and those of the Bulllllng Code
In a given Instance, the more re-
strleth'e of the two shall govern.
Section 14, CERTIFICATES OF
OCCUPANCY.-PRRMITS. (a) It
shall be unlawful to use 0" permit
the use ot allY building- or premises
or part thereof, herllfter created,
.crecte,1, charll\,ed or converted wholly
or partly In Its use or structure, un tll
a certificate of occupancy, to the ef-
fect that the building- or premises or
the part thereof, conf'il'm to the pro-
visions of this ordlnli"hce. shall have
.been Issued by the Bulldlng Inspec-.
tor. No permit for excavation for, or
.erectlon of, any building or part of
a bUlldlng, or for repairs to, or al-
ation of, a buihltng, shall be Issued
until after a statement of Its Intend-
ell use has been flied with the appli-
cation. No change or extension of
IIse and no alterations shall be made
In a non-conforming use 01' premises
without a certificate of occupancy
having first been Issued by the Bulld-
Inl\' Inspector that such chlinge, ex-
tension or alteration Is In conformity
with the p,'ovlslons of this ol',lInance.
(b) Certlflca tea of qccupancy shall
be applied for at the same time that
the bulldlng permit Is appllell for und
shall be Issued within 10 duys after
the crection or alteration of the
bull ding shall have been completed.
A record of all certificates shall be
kept on file In the office of the
Bulldlng Inspector and copies shall he
fut'nlshe,l upon requcst to any per-
sons havln/{ a proprietary or tenlillCY
Interest In the bulldlnl\' affected.
(c) Each application for a b\llhl~
Ing permit shall be accompanlod hy
Il plat In duplicate, drawn to sCltle
and In such form as may be 1'1'11-
scribed by the Bulldlng Inspector,
showing the actual dimensions of the
lot to be built upon, the size of the
building to be erected, and such oth-
cr Information as may be nec"ssal'y
to provide for the enforcement of the
regulations contained In this ol'llln-
ance. A careful record of such ap-
plications and plats shall be kept In
the office of the Building Inspecto,'.
(d) Pending the Issuance of are/.(-
ular certificate, a temporary cedlfl-
cate of occupancy may be Issued for
a period not exceeding six months.
during the cOmpletion of alterations
or during partial occupancy of a
building pending the completion,
Such temporary certificates shall not
be construed as In any way alterlnl{
the respective rh\'hts, duties or ob-
ligations of the owners or of the
city relating to the use or OCCUIl/l-
tlon of the premises or any otllor
matter covered by this ordinance.
and such temporary certificate shll II
not be Issued except und"r BIlCh re-
strictions and provisions as will alle-
quately Insure the safety of Ihe oc-
cupants. No temporary certificate
shall be Issued If 1'1'101' to Its com-
pletion the building should fall to
conform to the provisions of the
Building Code or of this ordinance to
such a degree as to render It unsafe
for the occupancy proposed.
(e) Completion and Restoration of
Existing Buildings. Nothing herein
contained sha.1l require any chan~e
In the plans, construction or Intellll-
cd use of a building for which a
building permit has been heretofore
IRRued and the construction of which
shall have been diligently prosecutell
within one year of the date of sllch
permit and diligently prosecuted to
completion.
Section 11\. ADJUSTMENTS AND
RELIEF. (a) Where, In a particu-
lar Instance. there ILre practical dif-
ficulties, unnecessary hardship, or an
Injustice In carrying out the strict
letter or application of any of the
provisions or regulations of this
ordinance: or where It be found that
the safety, health, morals and gen-.
eral welfare of the CI ty of Clear-
water would not be subserved by a
strict Interpretation or application
thereof; or where a reasonable doubt
5
f.
I
~
",-"
.."~ .". __. .. tI
,
~~Lli.~~~.mnIlIII'n""-"'_
may fairly arise as to the Interpre-
tation or application thereof; or
where an Illegality would or might
"csult; the established Zoning' and
Planning Board of the City of Clear-
water shall have power, and It shall
be the duty of said JJoard, to dc-
tel'llllne the proper Intent, Interpre-
tation 01 apl,lIcatlon of any oC such
provision. or regulations, and to
grant rdleC In the premises; so that
the spirit of this ol'lllnance shall be
obse ved; public safety, health, mor-
als allll general weltlutl secured, sub-
stantlallustlce uone anu litigation
a voided,
Iu) A p\leal. Hub.1t'ct tu Hueh rule>!
alH] regulations as the City Com-
miSSIOn may adopt from time to
time, a review oC the determination
of the DOll I'll by the City Commis-
sion nlllY he had at the Instance of
an agrleveJ party; provided that
wl'ltten aplJlIclltlon thereCor, settln/{
Corth the grounds for the appeal and
sh:-neu by such party or his duly aU-
thol-Ized agent, be CIled with the City
Auditor and Clerk within ten (10)
days acter such determination,
Section In, li't1NCTIONS OJ;' THE
ZONING AND PLANNING BOARD,
(8) Thtl Zoning /lnu Planllln/{ Board
sllflll select Crom Its members, a vlce-
chairman, who shall act In the ab-
sence or disability oC the Chalnnan,
The City Auditor and Clerk shall be
the SeCI'Potal')', whose duty It shall be
to attenl] all meetings und take and
keep, subj...ct to the cull of salll
Board, the minutes oC Its proceed-
Ings, Such minutes, or a copy there-
of or oC any portion thereof at-
tested by the salll Secretary, shall
be evidentiary of the matters and
things ther.dn recorded, 1t shall pro-
vide for re/{ular. and special meet-
Ings. Special meetings shall be call-
ed upon the request of not less than
three members, and upon not less
than forty-eight hours notice, Four
regul..r members of the Board shall
constitute a Quorum and Ii. major'lty ii.
of those present shall control Its oC-
flclal action, It sh..lI adopt from
tlme to tlme, such rules and regula-
tions as It may deem necessary or
deli'lrable for the pertol'mance of Its
llutles and for the conduct of Its af-
fall's.
(b) Exercise of any ot the powers
for relief under the preceding section
may be Initiated by written applica-
tion by an Interest..d person, or by
th.. City Manager, or on motion oC
thA BoaI'll Itself, and shall be had on-
ly atter Ii. puhllc helll'ln~: at which
persons Intel'esten shall be RCCol'ded
an opportunity to be heard, Public
notice oC such mectln/{, lltatln~ the
time, place ann purpose, shall be
given by puhllcatlon thereof in a
dailY newspaper regularly publlli'hp.ll
In the City oC Clellrwater, Cor Rt
least two consecutive publication
uuys. .li:xcellt where the Board pro-
elOeull at the Instance oC the City
Managcr 01' on It II own 1Il0tion, tiIe
COllt of such publication llhall lie
uOl'lle by thlO applicant,
(c) '1'he Board shall also have the
power to review the, action oC the
Hullulng Inllpector to ,letenni ne
whether or not It Is In accol'dunce
with tnls ordinance, ami to take ap-
pl'up"iate actlun.
(d) The Bl.anl llhall pl'opuse to
the Clt)' Commission In ordinance
form such amendments oC thlll ord-
Inance, all It may, from time to time,
delOm auwlsable, Acting through Its
ehalrman, the lloard shall have pow-
er to ap1><'ar betore the City Com-
millslon ami shall be heard In sup-
port thereot 0" for 01' against any
amendment, however proposed, to
this ordinance,
Section 17. PJ;:NAl.TlES AND
RI~MEDI\i:S. la) Any person wheth-
er as principal. agent or employee,
violating any of the provisions or
regulations of this ordinance shall,
upon conviction thereoC In the Mu- ,
nlclpal Court oC the City of Clear'-
water, be punished by a Cine not ex-
ceeulng $2011,00, or Imprisonment not
exceeding sixty da}'s; such fine. or
Imprisonment, at the 1I1scretlon oC
thA MunicIpal Judge and each day
oC duration of such vlolat,lons may
be considered as a separate octense,
(b) In case any building or struc-
ture Is erected, constructed, recon-
structed, altered, repaired, converted
0" maintained, or any building,
structure or land ts used, In viola-
tion of thlll ordinance or oC any oth-
er ordinance or lawful regulation,
the proper authorltles of the City oC
Clearwater, In addition to the reme-
dies herein provlrled for or which by
law may be available to It, may in-
stitute any appl'oprlate action 01' pro-
ceeding to prevent or restrain such
threatened vIolation or to Impose a
penalty for such violation, 01' to reo
strain, correct 01' abate such viola-
tion, In order to prevent the occu-
pancy or use of said bulldlnl{, or land
contrary to the provIsions hereoC, or
,to prevent any Illegal act, conduct,
business or uie In or about such
premises,
Section Ill. V A I.IDI'rY OJ!' ORD-
INANCE If any section, paragraph,
subdivision clause, sentence, pro-
vIsion or other part of this ordinance
shall be finally adjudged by any
court oC competent Jurisdiction to be
Invalid sllch judgment shall not aC-
Cect, ImpaIr, Invalhlute 01' nullity
the remainder of th Is ol',lInunce, bnt
the eCfect thereof shall lie eonflne,l
,to the part hnmetllfltely an,1 neces-
sarily Involvell In the final detel'llll-
nation oC such court.
Section lO, INTI'JHPHI'J1'ATION,
The headings or captions to the Hev-
eral sectlons of the ol'lllnanee lleHll{n-
6
.. l
~ ~
y
t"-,.... ·
-.
eu 1ll01'e particularly for convenience
shall not be construeu in allY way to
limit or qualify the sections to which
they respectively apply except where
Incorporated by l'eference 01' neces-
Hary Implication,
It Is not Intenued by this ordinance
In allY way to abridge or to sUPer-
sede any existing and enforcible
covenantlal restr'ictions running with
the land with respect to the charac-
ter, use or location of buildings.
Section 20. WHr';N EFFECTIVE.
This oruinance shall take effect from
and after Its passage and I ts ap-
proval by a majority of the qualified
;'
I
I
i
I
~
I
!
I
I
!
L
Y
i
I
t
electors of the City of Clearwater
who are freeholders within said City,
voting at a special election to be
called and held at such time and In
such manner as the City Commis-
sion may preserl be for the purpose of
determining whether 01' not this ord-
Inance shall go Into effect.
Passed and adopted by the City
Commission of the City of Clear-
water, )j'lorlda, this 14th uay of
April, A. D. 1932.
ATTEST: II. H. Baskin,
Mayor-Commissioner.
J. E, SATTERFIELD,
City AUditor and ChJrl..
7