7105-03
ORDINANCE NO 7105-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
MAKING AMENDMENTS TO THE COMMUNITY
DEVELOPMENT CODE; AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, BY CREATING SECTION 3-918,
PRIMA FACIE EVIDENCE OF CERTAIN USES IN RESIDENTIAL
ZONING DISTRICTS; AMENDING ARTICLE 8, DEFINITIONS
AND RULES OF CONSTRUCTION, BY REVISING FOR
CLARIFICATION PURPOSES THE DEFINITIONS OF DWELLING
UNIT, OVERNIGHT ACCOMMODATIONS AND RESIDENTIAL
USE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the intent of each residential zoning district in the City of Clearwater is
to protect and preserve the integrity and value of existing stable residential neighborhoods;
and
WHEREAS, a purpose of the City of Clearwater Community Development Code is to
preserve neighborhoods as evidenced by provisions of Section 1-103, Section 8-102 and
provisions of Article 2 Zoning Districts regarding the intent and purpose of the residential
zoning districts; and
WHEREAS, historically, the City of Clearwater Code of Ordinances has not
permitted the short-term rental of dwelling units in traditional residential neighborhoods; and
WHEREAS, conflict occurs when such commercial uses operate in residential
neighborhoods; and
WHEREAS, the peace, safety and welfare of residents and owners in residential
zoning districts may be detrimentally affected by short-term rentals; and
WHEREAS, the City of Clearwater has received comments regarding the excessive
noise, noise at late hours, lack of parking for additional vehicles and litter accumulating in
public areas generated by short-term rentals; and
WHEREAS, the Clearwater Comprehensive Plan directs commercial land uses to be
located at the intersection of arterial or collector streets and be sited in such a way as to
minimize the intrusion of off-site impacts into residential neighborhoods; and
WHEREAS, the Community Development Board, pursuant to its responsibilities as
the Local Planning Agency, has reviewed this amendment, conducted a public hearing,
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,
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Ordinance No. 71 05-03
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Article 3. Development Standards, Division 9, General Applicability
Standards, is hereby amended by adding a new provision, Section 3-918 as follows:
Section 3-918. Prima Facie Evidence of Certain Uses in Residential Zoning
District.
Prima facie evidence of certain uses. located in any residential zoning district.
consisting of rentals for periods of less than thirty-one (31) days or one calendar
month. whichever is less. and advertising or holding out to the public asa place
rented for periods of less than thirty-one (31) days or one calendar month.
whichever is less. shall include but not be limited to one or more of the following:
a. Registration or licensing for short-term or transient rental use by the state
under Florida Statutes. Chapters 212 (Florida Tax and Revenue Act) and 509
(Public Lodging Establishments):
b. Advertising or holding out a dwelling unit for tourist housing or vacation
rental use:
c. Reservations. booking arrangements or more than one signed lease. sublease.
assignment or any other occupancy agreement for compensation. trade. or
other legal consideration addressing or overlapping any period of less than
thirty-one (31) days or one calendar month. whichever is less: or
d. Use of an agent or other third person to make reservations or booking
arrangements.
Section 2. Article 8. Definitions and Rules of Construction, Section 8-102,
Definitions, is hereby amended by revising the definition of dwelling unit as follows:
Dwelling Unit means a building or portion of a building providing independent
living facilities for one family including provision for living, sleeping, and
complete kitchen facilities. A dwelling unit located in any residential zoning
district shall be used only for a residential use. unless otherwise specified.
Section 3. Article 8, Definitions and Rules for Construction, Section 8-102,
Definitions, is hereby amended by revising the definition of overnight accommodations
as follows:
Overnight accommodations means any use that provides transient lodging
accommodations to the public. including interval ownership. Allowable
accessory uses shall be integral to the principal use and may include. but shall not
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Ordinance No. 7105-03
be limited to. offices. restaurants and retail provided such uses are integral to the
primary use. bailding or portioR thereof desigaed and ased primarily to proyide
sleeping aeeommodatioBS for transieat geests for a daily or weekly reatal oharge
and iaeladiag interval OYlflocship and saeh office, meeting, restaurant facilities as
are integral to its primary fooetion.
Section 4. Article 8, Definitions and Rules for Construction, Section 8-102,
Definitions, is hereby amended by revising the definition of residential use as follows:
e. Residential Use means a permanent place of residence for a family. A
residential use located in any residential zoning district shall not include
rentals for periods of less than thirty-one (31) days or one calendar month.
whichever is less. or which is advertised or held out to the public as a place
rented for periods of less than thirty (31) days or one calendar month.
whichever is less.
Section 5. 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 6. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
April 3. 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
April 17, 2003
Approved as to form:
Attest:
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Cynthia E. Goudea
City Clerk -"- -
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Ordinance No. 7105-03
City of Clearwater
Gulf Of Mexico
North Beach Properties
Homestead Exemption Status
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D Parcels with Homestead Exemption (367)
D Parcels Without Homestead Exemption (345)
1<>H Excluded Parcels
o 300 600
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This is not a map of Survey. g:\mxd\north_beach.mxd Source: Pinellas County Property Appraisers Office
North Beach Properties Non-Homestead Parcels Only
Owner Location
6%
31%
9%
6%
G:\xls\nonexmpt.xls Source: Pinellas County Property Appraisers Office January 2003
43%
Total Number of Parcels = 345
. Cleawater - 149 Parcels
. Tampa - 22 Parcels
o Pinellas County (Without Clearwater) - 32 Parcels
o Elsewhere in Florida - 16 Parcels
. Within U.S. - 107 Parcels
. Foreign Countries - 19 Parcels
Gulf Of Mexico
o 300 600
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City of Clearwater
North Beach Major Property Owners
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.. BAWELL. WALTER A (5)
.. BELANGER. SEAN (2)
.. BOSCHEN, ELSIE R TRE (2)
[=:J BRUGGE. RICHARD A JR (2)
.. CHITRANEE-B INC (5)
Ic~,~i)1 CRONIN, LEO J (2)
DERWENT, SUSAN T (2)
.. DIMMITT, LARRY H JR (2)
.. DORMADY, DONALD (2)
~ GREENBERG. AARON (2)
~ GREENBERG, MARTIN (2)
[III HOLT, OVADA B (2)
This is not a map of Survey. g:\mxd\north_beach.mxd Source: Pinellas County Property Appraisers Office
Total Number of Parcels = 89
.. JONES. BETH B (3) 1>1 RENDEL. JEROLD S TRE (2)
~ KAUPE, SANDRA T (2) .. RIGSBY, GWENDOLYN G (2)
.. KRITICOS, SAM (2) .. SATTERWHITE. JON (4)
.. LENTRICCHIA, DOMINICK (2) .. SONDERMANN, W1LFRIED (2)
III MANDALAY POINT (2) .. SOULlS. DENNIS (2)
.. MC NAUGHTON. J (2) .. SYMANSKI. RICHARD (2)
~ MEEK, JOHN H JR (3) .. THORNTON, PATRICIA M (2)
III MITCHAM, JOHN J (3) .. ULFERS, FRIEDRICH E (2)
.. PADDEN, JOSEPHINE TRE (2) ~ WEGLER. HANS (2)
.. PARKES. MICHAEL (3) .. WITHERS, JOHN W (5)
~ POLLACK. RONALD J (2) YEAROUT. JAMES (4)
.. PRESTON, MICHAEL G TRE (2)" YOUNG. DEAN ENTRP INC (3)
70
60
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North Beach Properties Sales Analysis
Most Recent Sale by Year
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Year Purchased
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I-Homestead Exemption (323) -Non-Homestead (294) -Total Number of Parcels (617) I
G:\xls\exemptyear.xls Source: Pinellas County Property Appraisers Office January 2003
Note: Ninety-Five properties did not have purchase ates and were excluded from this chart.
Of those properties 44 h d homestead exemptions and 51 did not
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PROPOSAL ALLOWING WEEKLY RENTALS
IN SINGLE FAMILY ZONING DISTRICTS
ON CLEARWATER BEACH
(Revised April 1. 2003)
This proposal is made by owners of single family dwellings who make them
available for so-called short term rental. The purpose of the proposal is to offer a
constructive alternative to the plan under consideration by the City of Clearwater
to "clarify" the Land Development Code to prohibit rentals in single family zoning
districts for periods of less than 30 days.1 The regulations proposed below are
in addition to or more restrictive than existing City residential rental
regulations.
1. The minimum rental term on Clearwater Beach shall be seven consecutive
days (short term). The City may establish longer minimum rental periods
in other areas of the City.
2. The owner of the short term rental property (property) shall furnish
contiguous property owners with the telephone number of the property as
well as the name, address, and telephone number of a person or entity to
contact if there is a problem at the property.2
3. "For Rent" signs are allowed, but the signs may not advertise that the
property is available for short term rentals.
4. A Code of Conduct dealing with such matters as noise, parking, pets,
trash, and number of occupants, shall be prominently displayed in each
property. The content of the Code of Conduct shall be approved by the
City.
5. Failure of the property owner to comply with these rules or repeated failure
of tenants at a property to comply with the Code of Conduct shall subject
the property owner to having his/her occupational license for the property
revoked or not renewed for a period of one year. "Repeated failure"
means three valid complaints within any 12 month period. After a one
year wait, the property owner shall be granted a new occupational license
provided all requirements for issuance thereof are met. If an occupational
license is revoked or not renewed twice for failure to comply with these
rules or repeated failure of tenants at a property to comply with the Code
of Conduct, a new occupational license shall not be issued to that owner
for that property.
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1 It is the position of these owners that the Code currently authorizes rentals of single family
dwellings with no restriction on length of term.
2 The Code already requires that the City be furnished with this information.
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6. Property owners seeking to rent for fewer than 30 (but at least 7)
consecutive days must obtain an occupational license and begin
compliance with these rules within 90 days after the effective date of an
ordinance imposing these requirements. Thereafter, the appropriate
occupational license must be obtained prior to engaging in such rentals.
7. The fee for issuance of the occupational license shall be reasonable and
not prohibitive. Reasonable fines may be assessed for proven violations.
The proceeds of the license fees and fines shall be allocated to Code
Enforcement.
8. The City will work with the Pinellas Planning Council to determine the best
means to assure that this program is consistent with the Countywide
Rules.
9. The City Commission will review the operation of this program two years
after it becomes effective to determine whether it adequately meets
community needs.
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