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6526-00 . . . ... ORDINANCE NO. 6526-00 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING COMPREHENSIVE AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 1, GENERAL PROVISIONS; AMENDING ARTICLE 2, ZONING DISTRICTS, BY MAKING CHANGES IN THE MINIMUM STANDARD, FLEXIBLE STANDARD, AND FLEXIBLE DEVELOPMENT USES, DIMENSIONAL STANDARDS, AND FLEXIBILITY CRITERIA; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, BY MAKING COMPREHENSIVE CHANGES TO DEVELOPMENT STANDARDS; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES; BY REVISING THE PROVISIONS REGARDING LEVEL 1, 2, AND 3 APPROVALS; AMENDING ARTICLE 6, NONCONFORMITY PROVISIONS; AMENDING ARTICLE 7, ENFORCEMENT PROCEEDINGS AND PENALTIES, TO CONFORM TO RECENT STATUTORY CHANGES; AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, BY REVISING, ADDING, AND DELETING CERTAIN DEFINITIONS; REPEALING SECTION 28.10, CODE OF ORDINANCES, REGARDING NEWSRACKS AND VENDING MACHINES; REPEALING SECTIONS 52.08, 52.09. AND 52.10, CODE OF ORDINANCES, REGARDING PROTECTIVE BARRIER REQUIREMENTS AND PROTECTION DURING CONSTRUCTION ACTIVITIES, PROPER TREE CARE, PROHIBITED TREE PRUNING, AND TREE SERVICE COMPANIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which was effective on March 8, 1999, and WHEREAS, since the effective date of the new Community Development Code, the City of Clearwater has reviewed numerous development proposals in all the new zoning districts in all parts of the City and which utilize Minimum, Standard, Flexible Standard, and Flexible levels of review, and WHEREAS, the City of Clearwater has conducted an in-depth review of the Community Development Code and has identified development standards, procedures, zoning districts and the allowable uses which need amendment to more fully implement the redevelopment intent of the Code; and WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing and considered all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan; and WHEREAS, the City Commission has fully considered the recommendations of the Community Development Board and testimony submitted at its public hearing; now, therefore, Ordinance No. 6526-00 ~' .. . . . .." BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Amendments to the Land Development Code of the City of Clearwater (as adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in Exhibit A to this Ordinance, which Exhibit is incorporated in this Ordinance as if fully set forth herein. Section 2. The following provisions of the City of Clearwater Code of Ordinances are hereby repealed in their entirety: Section 28.10, Newsracks and Vending Machines, of Chapter 28, Streets, Sidewalks, Other Public Places; Sections 52.08, Protective barrier requirements and protection during construction activities, 52.09, Proper tree care; prohibited tree pruning, and 52.10, Tree service companies, of Chapter 52, Tree Protection. Section 3. The City of Clearwater does hereby certify that the amendments contained in Exhibit A to this Ordinance, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. Section 4. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 5. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 6. adoption. The provisions of this Ordinance shall take effect 14 days following PASSED ON FIRST READING June I, 2000 PASSED ON SECOND AND FINAL READING AND ADOPTED AS AMENDED June 15, 2000 Bria ungst r- Ma or-Commissioner Approved as to form: Attest: Leslie K. Dougall-Si e Assistant City Attorney 2 Ordinance No. 6526-00 . EXHIBIT "A" TO ORDINANCE NO. 6526-00 . FILED SEPARATELY .