6573-00
ORDINANCE NO. 6573-00
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE COMMUNITY DEVELOPMENT CODE;
AMENDING ARTICLE 3, DEVELOPMENT STANDARDS,
SECTION 3-601, DOCKS, BY ADDING A NEW SUBSECTION
ENTITLED PUBLICLY OWNED FACILITIES; AND AMENDING
ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1503
NUISANCES, BY REVISING SECTION 3-1503(B)(12)
REGARDING NEWSRACKS AND VENDING MACHINES; AND
AMENDING ARTICLE 3, DEVELOPMENT STANDARDS,
SECTION 3-1805(C) BY REVISING TEMPORARY SIGN
REGULATIONS; AND AMENDING ARTICLE 3, DEVELOPMENT
STANDARDS, SECTION 3-1805(Q) BY REVISING WINDOW
SIGN REGULATIONS; AND AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, SECTION 3-2102(A),
PERMITTED TEMPORARY USES; AND AMENDING ARTICLE
3, DEVELOPMENT STANDARDS, SECTION 3-2103,
STANDARDS, BY REVISING PORTABLE STORAGE UNIT
REQUIREMENTS; AND AMENDING ARTICLE 6,
NONCONFORMITY PROVISIONS, SECTION 6-101 BY
REVISING THE PURPOSE/APPLICABILITY PROVISIONS; AND
AMENDING ARTICLE 7, ENFORCEMENT PROCEEDINGS AND
PENALTIES, SECTION 7-102(A)(2), MUNICIPAL CODE
ENFORCEMENT BOARD/SPECIAL MASTER HEARING
PROCEDURES FOR NUISANCE CASES BY REDUCING THE
REQUIRED COMPLIANCE TIME FROM TEN DAYS TO 5 DAYS
AFTER THE POSTING DATE; AND PROVIDING AN EFFECTIVE
DATE.
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WHEREAS, the City of Clearwater has identified development standards which
need amendment to more fully implement the redevelopment intent of the Code; and
WHEREAS, the City of Clearwater has conducted an in-depth review of the
Community Development Code and has identified development standards which need
amendment; and
WHEREAS, the Community Development Board, pursuant to its responsibilities as
the Local Planning Agency, has reviewed this amendment, 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
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WHEREAS, the City Commission has fully considered the recommendation of the
Community Development Board and testimony submitted at its public hearing; now
therefore,
Ordinance No. 6573-00
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BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Article 3, Development Standards, Section 3-601, Docks, is hereby
amended by adding a new subsection (M) entitled Publicly Owned Facilities as follows:
M. Publiclv owned 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 facilitv. Vertical walls shall
not be allowed.
Section 2. Article 3, Development Standards, Section 3-1503, Nuisances, is
hereby amended by revising Section 3-1503(B)(12) Newsracks and vending machines
as follows:
(12) Newsracks and vending machines. Anv newsrack on public property not in
compliance with the provisions of Section 3-909. other than subsection 3-
909(A)(5). or A~ny newsrack or vending machine installed, used or
maintained at a location which constitutes an imminent danger or safety
hazard to pedestrians or vehicles or otherwise unreasonably interferes with
the safe use of any public right-of-way.
Section 3. Article 3, Development Standards, Section 3-1805, Signs permitted
without a permit, is hereby amended by revising Section 3-1805(C) as follows:
G-:- Temporarv Signs. Temporary signs of no more than 12 squ3ra feet in tot31
&ign fooe mea ,,:hioh me related to 3 gr3nd opening or a periodic event
ooourring no mora frequently th3n one time per year and which event is
oonducted in oonjunction with the prinoip31 use of the p3rGoI proposod for
development 3nd '.":hioh signs me displayed no more than dO days in
ad\'anoe of the oven and no FIlore than ~ve days aftor oomplotion of tho
event. Othor spooial evont and/or publio purpose signs of a temporary nature
m3Y 8e aJ:>J:>r:C>':o8 en a oaGO by oase basis. Tho typo of sign, Gizo, design
and length of display will be determined by the oommunity de'/elopment
ooordinator.
1. One temporary grand openina sian shall be permitted for thirty (30) days
after the issuance of an occupational license for any new business. new
owner of an existina business. or business name chanae. Such siqn shall
not exceed twelve (12) square feet in total sian face area or such sian
may be a temporary covering. such as a toaster cover. siqn boot. or sian
sock. which covers an existing permitted attached or freestandina sian.
2. Other temporary special event and/or public purpose sians of a temporary
nature may be approved on a case bv case basis. The type of sign. size.
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Ordinance No. 6573-00
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design and length of display shall be determined by the Community
Development Coordinator.
Section 4. Article 3, Development Standards, Section 3-1805, Signs permitted
without a permit, is hereby amended by revising Section 3-1805(Q) as follows:
!Ql Window signs whioh oooupy 10EE: thon 20 porcont of tho totol orea of tho
'::inse'.\! whore tho sign iG loootod or fol:lr sEll:Iare feot, '.vhiehovOf is lOGS !J.Q
to eight (8) square feet in area may be located on any window area
provided such siqn does not exceed twenty-five percent (25%) of the total
area of the window where the siqn is located. In no case shall the
cumulative area of all window signs erected exceed twenty-four (24) square
feet in area.
Section 5. Article 3, Development Standards, Section 3-2102(A), is hereby
amended by revising subsection (4) and by adding a new subsection (13) as follows:
A. The following temporary uses are permitted subject to obtaining a level
one approval in accordance with the provisions of Article 4, Division 3 and
the provisions of this division:
1.
. 2.
3.
4.
Circuses and/or carnivals.
Contractors offices and/or construction sheds.
Evangelical and religious revivals or assemblies.
Opon lot G Sales for Christmas trees, pumpkins or other seasonal
materials.
5. Other temporary recreational or entertainment related events or
activities such as fairs, concerts or festivals.
6. Outdoor bazaars, cookouts, special fund raising sales and/or
similar activities.
7. Sidewalk sales.
8. Temporary commercial parking lots associated with special events.
9. Temporary real estate sales offices.
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10. Temporary relocation tents or mobile homes for displaced persons
as a result of natural or manmade disasters in a neighborhood or
area.
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Ordinance No. 6573-00
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11. Temporary retail special sales and displays (e.g., occasional
sidewalk or parking lot sales).
12. Block and neighborhood parties.
13. Portable storage units.
Section 6. Article 3, Development Standards, Section 3-2103 Standards, is
hereby amended by revising the subsection as follows:
Section 3-2103 Standards.
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6. All temporary uses shall comply with the following additional conditions or
requirements:
ADDITIONAL REQUIREMENTS FOR TEMPORARY USES
Temporary Use Maximum Cumulative Permitted Districts
Allowable Time Period for
Each Separate Use (per
site per calendar year or
absolute time limitation, as
applicable)
Block and neighborhood 2 days All residential districts
parties
Circuses or carnivals 14 days C, IRT and I
Contractors office and/or During construction period All districts
construction sheds only while building permit
is valid
Evangelical and religious 7 days C, 0, T and IRT
revivals or assemblies
Garage, yard or estate No more than 2 times per All residential districts
sales property within one year;
no longer than 3 days
each
Sales for: Christmas tree 45 days All non-residential zoning
and pumpkin sales and districts
other seasonal sales
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Ordinance No. 6573-00
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Other temporary 7 days, except 14 days for All nonresidential districts
recreational or annual events approved
entertainment events by the special events
committee
Outdoor bazaars, 2 days C, I and D
cookouts, special fund
raising sales and/or similar
activities
Sidewalk sales 7 days in conjunction with T and D
a special event
Temporary commercial The period of time during All districts
parking lots which the temporary use
the parking serves is
authorized
Temporary relocation tents 18 months (unless Within a designated area
or mobile homes for authorized longer by
displaced persons commission resolution)
Temporary real estate 24 months All districts
sales office or model home
Temporary retail sales and 7 days (not more than 4 T, C and D
displays times per year)
Portable storage units 96 hOUFG (not mora th3n -1 All districts
times per yoar) unloce
assooiatod witA permittod
oonstruotion.
Residentially zoned
property: 4 days. not
more than 4 times a year.
Non-residentially zoned
property: 30 days. not
more than 4 times a year
or for the duration of an
active construction permit.
Refer to Sections 3-
2103(B)(3) and 2103(C)(2)
for additional
requirements.
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B. The following additional requirements shall apply for specified temporary uses:
3.
Portable storage units, not exceeding eight (8) feet in height, eight (8) feet
in width, and sixteen (16) feet in length may be permitted on a sito with an
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Ordinance No. 6573-00
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aativo building pormit for U'U3 storago of itoms from tho Gito. Tho portablo
storago unit may romain on tho sito for tho longth of tho aativo pormit.
provided such Portablo storago units &RaU comply with the following
provisions:
a. One portable storage unit may be located on any lot occupied by a
single family dwelling. The number of permitted portable storage units
for all other uses shall be decided by the Community Development
Coordinator based on the amount of construction, size of property and
the ability to locate the portable storage unit in accordance with the
requirements below.
b. Portable storage units may be located in a required setback;
c. Portable storage units shall not be located in such a manner to impair
a motor vehicle operator's view of motor vehicles, bicycles or
pedestrians upon entering or exiting a right-of-way;
d. Portable storage units shall not be located in such a manner to
obstruct the flow of pedestrian or vehicular traffic;
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e. The location of a portable storage unit shall be approved by the
Community Development Coordinator;
f. QRe Two sign face~, no more than 12" x 18" each, shall be permitted
on a portable storage unit; and
g. A sticker shall be affixed to all portable storage units indicating the
date on which the portable storage unit is delivered to a property.
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h. If the National Weather Advisory Service or other qualified weather
advisory service identifies weather conditions which are predicted to
include winds of 75 mph or greater, all portable storage units shall be
removed from all properties and placed in approved storage locations
at least twenty-four (24) hours prior to the predicted onset of such
winds or as soon as reasonably practical if less notice is provided.
This requirement may be modified by the Building Official upon receipt
of adequate documentation from a registered architect or engineer or
other professional qualified to give such opinion that a greater wind
loading pertain to a particular portable storage unit model or
manufacturer so that the portable storage unit is unlikely to be moved
by winds greater than the predicted winds. As an alternative to
removal, the portable storage vendor may submit a tie down proposal
for approval by the Building Official and each portable storage unit not
removed shall be tied down in the approved manner.
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Ordinance No. 6573-00
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I. Any portable storage unit which is not removed at the end of the time
for which it may lawfully remain in place, or immediately upon the
direction of a code enforcement officer for removal of such temporary
structure for safety reasons, may be removed by the City immediately,
without notice, and the cost of such removal, together with the cost of
administration of its removal, may be assessed against the property on
which the temporary structure was located and may be filed as a lien
against such property by the City Clerk
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C. The following temporary uses are permitted without a permit, provided that the
standards and criteria of this division are met:
~ Portable storage units for a period not exceeding 96 hourIS: four (4) days no
more than four (4) times a year~ on residentially zoned property and thirty (30)
days on non-residentially zoned property no more than four (4) times a year.
/\ IS:tiokor shall t>o affixod to tho I:Jnit indioating tho d3to on '::hioh it is dolivorcd
to tho proporty. Ono sign f3oo~, not mora than 12" x 18" in aroa, &h311 bo
pormittod on a portablo storago unit. Tho romo':al pro'Jisions of Sootion 3
2103(B)(3)(I) 3bo':o shall 31so apply.
Section 7. Article 6, Nonconformity Provisions, Section 6-101, Purpose/
Applicability is hereby amended by revising the purpose/applicability provisions as
follows:
The purpose of this division is to regulate and limit the development and
continued existence of uses, structures and lots which were lawful on the date
of the adoption of this Code. but which would be prohibited. regulated. or
restricted under the terms established herein. offooti':o dato of this dO'lolopmont
oodo that do not oonform to this oodo. \.^.'hilo nonoc:mformitios may oontinuo, tho
provisionG of this artiolo arc dOGignod to onool:lrago tho imprm:omont or
olimination of nonoonformitios in ordor to bottor aohio':o tho purposos of this
dovolopmont oodo. While nonconformities may continue. it is the intent of this
development code to brinq nonconformina properties into compliance with the
provisions of this code in coniunction with a change of use. redevelopment. or
any other chanae of condition of the property in order to eliminate the
nonconformity or to brinq the nonconformity as practical as possible to a
conformina status.
Section 8. Article 7, Enforcement Proceedings and Penalties, Section 7-
102(A)(2), Municipal Code Enforcement Board/special Master Hearing Procedures,
Notification of violations is hereby amended by revising nuisance cases procedures as
follows:
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Ordinance No. 6573-00
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Nuisance cases. Upon completion of a field investigation by a code enforcement
officer and determination that a nuisance exists under Code of Ordinances
Section 3-1503, the property shall be posted with a notice advising of the
existence and nature of the violation and requiring compliance within leA five
days after the date of posting or the filing of a notice of appeal to the municipal
code enforcement board during such taR five day period. In nuisance cases
only, posting of notice shall be deemed legally sufficient to provide notice; the
code enforcement officer may additionally attempt to obtain personal service
upon and/or mail notice to the property owner within the leA five day period.
Section 9. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
July 20, 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
August 3,2000
t- JA --
Brian J. A~gst
Mayor-Commissioner
Approved as to form:
Attest:
~G~~~~
L!eslie K. Dougall-S s
Assistant City Attorney
~~~CeUIL
Cynthi . 'ou~eau ,,',~ . - f
City Clerk
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Ordinance No. 6573-00