12/09/1952
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CITY COMMISSION MEETING
December 9, 1952
The City Commission of the City of Clearwater met in special session at City
Hall, Tuesday, December 9, 1952, at 1:30 P.M. with the following members present:
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Herbert M. Brown
Wm. E. Crown, Jr.
Herbert M. Blanton
Mayor-Commissioner
Commissioner
Commissioner
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Absent:
Garland D. Lynn
Jack Russell
Commissioner
Commissioner
Also present were:
F. C. Middleton
Chas. M. Phillips, Jr.
G. T. McClamma
Sidney Lickton
~ity Manager
City Attorney
~hief of Police
City En,~ineer
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The Mayor called the meeting to order and announced that this was a continued
session of the Public Hearing on the new Zoning Map which had been adjourned from
the day before. He introduced Mr. J. K. Batstone, Chairman of the Zoning Board,
and Mr. Lewis Homer, Mr. Horace Hamlin, and Mr. E. C. Marquardt, members of the
Zoning Board.
Mr. A. T. Cooper, attorney for Mr. Donald Alvord, addressed the Commission
requesting that the lots in Skycrest which front on the south side of Drew Street
be zoned as business instead of R-4. He stated that many of these lots had been
sold by the company on the premise that they would be zoned as business; also
that the blocks on the north side of Drew Street in New Marymont Subdivision are
zoned as business. By consent, the Commission agreed to zone the area in Skycrest
on the south side or Drew Street between Duncan Avenue to Grand Avenue or the extent
of the Skycrest development to the east will be zoned as business and the frontage
in New Marymont Subdivision will be zoned as business and south of Drew Street in
that particular area will remain R-4.
Mr. A. H. Kretschmer, President of Skycrest 0ivic Association, requested a
change ~rom business zoning to R-4 in the Rainbow Drive area according to the
present use being made of the property. Mr. Cooper asked for an opportunity to
contact Mr. Alvord to get his reaction. Both Commissioners Blanton and Crown
expressed themselves as being against restricting property already sold as
business property. Mr. Cooper, after telephoning Mr. Alvord, reported that Mr.
Alvord said that he has sold most of the lots or the area in question ~or business
purposes and that Mr. Alvord ~elt that the property should continue to be zoned as
business.
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Mr. Cooper inquired if the site of the building owned by the A ~ W Glads
Company was zoned for business on the new map. He was informed that part of the
site was in the R-4 zone but that it would come under the non-conforming use
clause in the Zoning Ordinance. Commissioner Blanton moved that all o~ that
portion of land between Keystone Drive and Duncan Drive extending 2aO ~eet north
of Gulf-to-Bay Boulevard be zoned as Business to conform with the rest of the
Boulevard property in Skycrest. Motion was seconded by Commissioner Crown and
carried unanimously.
Mr. Ralph Richards appeared before the Commission on behalf of a client who
has built one building with rental units and has purchased a lot planning to
build another multiple dwelling in the area between Coronado Drive and Gulf View
Boulevard on the south end of Clearwater Beach. He ~elt that the best interests
of the majority o~ the property owners in the area would be preserved by keeping
this area R-4. Commissioner Blanton moved that the Commission reconsider the
zoning of that portion of land between Gulf View Boulevard and Coronado Drive
south of Fifth Street to its original classification or equivalent to its original
classification which is now R-4. Motion was seconded by Commissioner Crown and
carried unanimously.
Commissioner Crown remarked that the developers of that south portion of the
island improved it from a mangrove swamp and went to considerable expense to fill
it in and put in paving, water lines, etc., therefore they were entitled to some
consideration. Mr. W. D. Owens, one of the developers, pointed out that the area
was developed for multiple units and some of the land had been sold ~or building
multiple units upon it. Commissioner Crown moved that the area south of Fifth
Street between Gulf View Boulevard and Coronado remain the same zoning as on the
previous zoning map or R-~. Motion was seconded by Commissioner Blanton and carried
unanimously.
Mr. H. H. Baskin reported to the Commission that there is a matter concerning
the plat restrictions of Knollwood Replat which is in litigation at the present
time. Mr. George Smith described the stipulation reporting that all the owners of
tpese lots who live in the city have agreed that they want restrictions so that
the lots can be used for any purpose except gas stations, dance halls, skating
rinks, catering, or places where intoxicating beverages can be sold. He also said
the out-of-town owners have been contacted by mail and there have been no protests
from them. Mr. Smith said they intend to ask the Court to remove the plat restric-
tion of R-I which would last until November 8, 1954, and to permit business use of
the lots except for certain businesses. The City Attorney described the area as
bounded on the southwest by Gulf-to-Bay, on the east by San Remo Avenue, and on the
north by Laura ~treet. Commissioner Blanton moved that Lots 1-5, Block 1, Lots 1-5,
16-19, Block 2, Knollwood, be zoned for Business. Motion was seconded by
Commissioner Crown and carried unanimouslYe
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CITY COMMISSION MEETING
'December 9, 1952
It was the City Attorney's opinion that Lots 10 to 13, City Park Subdivision,
should be shown on the new map as unzoned since any usage of unzoned property must
be approved by the City Commission.
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The City Attorney read Ordinance 627, the proposed Zoning Ordinance. Several
amendments were suggested by the Commissioners which were noted by the City Attorney.
Commissioner Blanton moved that since no valid objections remain either to Ordinance
627 or to the Zoning Map of the City of Clearwater, Florida, of 1952, after the
Public Hearing held on the dates of December ath and 9th, he moved the passage and
adoption of Ordinance 627 as amended on its first reading. Motion was seconded by
Commissioner Crown and carried unanimously.
Commissioner Crown moved that Ordinance 627 be considered on its second
reading by title only by unanimous consent of the Commission. Motion was seconded
by Commissioner Blanton and carried unanimously. The City Attorney read Ordinance
627 by title only. Commissioner Crown moved the passage of Ordinance 627 on its
second reading by title only. Motion was seconded by Commissioner Blanton and
carried unanimously.
The City Attorney read Ordinance 627 in full. Commissioner Crown moved that
Ordinance 627 as amended be passed on its third and final reading. Motion was
seconded by Commissioner Blanton and carried unanimously.
The City Attorney read Ordinance 628, an Ordinance providing for a Spocial
Election on the Zoning Ordinance. said election to be held Tuesday, December 16,
1952. Commissioner Crown moved that Ordinance 628 be passed and adopted on its
first reading. Motion was seconded by Commissioner Blanton and carried unanimously.
Commissioner Crown moved that by unanimous consent that Ordinance 628 be
considered on its second reading by title only. Motion was seconded by Commissioner
Blanton and carried unanimously. The City Attorney read the Ordinance by title
only. Commissioner Blanton moved the passage and adoption of Ordinance o2a on its
second reading by title only. Motion was seconded by Commissioner Crown and carried
unanimously.
The City Attorney read the Ordinance in full. Commissioner Crown moved that
Ordinance 628 be passed and adopted on its third reading. Motion was seconded by
Commissioner Blanton and carried unanimously.
The City Manager recommended that the Paul Giuliani Company, low bidder on the
sanitary sewer in Evergreen Avenue and a portion of Franklin Street, be awarded the
contract with the requirement of 100% performance bond. Commissioner Crown moved
that the City Manager's recommendation with respect to the sanitary sewer contract
in Tagarelli Subdivision be approved awarding the contract to Paul Giuliani Company,
Tarpon Springs, at the low bid of $3,452.00 provided he puts up a 100% performance
bond; otherwise the contract will go to Lawrence ~ Rutledge at a price of .3,500.00,
the next lowest bid. Motion was seconded by Commissioner Blanton and carried
unanimously.
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The City ~anager recommended that the low bidder, the Burton Walker
Construction Company, be given the contract for the resurfacing and curbing o~
Jupiter Avenue. Commissioner Crown moved that the contract for the curb and
necessary pavement on Jupiter Avenue from Drew to Rainbow be awarded to Burton
Walker Construction Company, the low bidder, at a price of ~6,502.00 in accordance
with the City Manager's recommendation. Motion was seconded by Commissioner Blanton
and carried unanimously.
There being no further business to come before the Board, the meeting was
adjourned.
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Clerk
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ORDINANCE NO. 627
AN ORDINANCE REGULATING AND RESTRICTING THE USE OF LAND AND THE
LOCATION AND USE OF BUILDINGS AND STRUC'l'lJRES IN THE Cln
OF CLEARWATER. FLORIDA; CREATING PISTRICTS OR ZONES THEREFORE;
REGULATING THE INTENSITY OF USE OF LAND AREAS AND THE LOCATION OF
BUILDINGS AND STRUCTURES THEREON; ESTABLISHING BUILDING LINES;
REGULATING AND PROHIBITING THE ERECTION, USE AND MAINTENANCE
OF SIORS EXCEPT AS HEREIN PROVIDED; REQUIRING AND PROVIDING
FOR PE~~TS FOR SIGNS; PROVIDING FOR THE R~tOVAL OF ILLEGAL AND
DETERIORATED SIGNS; PROVIDING DEFINITIONS; ESTABLISHING A ZONING
AND PLANNING BOARD; PROVIDING A METHOD OF ADMINISTRATION; PROVIDING
FOR REPEAL OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEPARA.
BILITY OF THE PROVISIONS HEREOF; AND PROVIDING PENALTIES FOR THE
VIOLATION OF THE TERMS OF THIS ORDINANCE.
BE IT ORDAINED BY THE CITY CO~4ISSION OF THE CITY OF CLEAR~ATER, FLORIDA:
SECTION I. This Ordinance shall be known and cited as "The Zoning OrdinRnce" ot
the City of Clearwater. Florida.
SECTION II-A. DEFINITIONS:
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For the purpose of this Ordinance. certain terms and words are hereby
defined as follows:
Words used in the present tense include the future; words in the singular
number include the plural and words in the plural number include the singular;
the word "building" includes the word "structure"; the word "other" shall not be
limited to things of similar character; the word "lot" includes the word "plot";
the words "use" and "occupy" include the words "designed or intended to be
occupied"; and word "shall" is mandatory and not directory.
Accessory Building: A subordinate building or portion of main building.
the use ot which is incidental to that or the main building.
Accessory Uses: Uses customarily incident to the principal use of a
building or plot as permitted or restricted by the principal use.
Alley: A way designated to public use other than a street or place.
Apartment House: A building which 1s used or intended to be used as a
home or residence for more than two families living in separate apartments.
Boardin~ House: A building, other than a hotel. where lodging and meals
for one or more persons are provided, prepared and served for compensation.
Buildin~: A structure having a roof supported by columns or walls.
Commercial Advertisin~ Si~n: Any structure, display board, billboard,
poster board, bulletin board, screen, surface or wall, with characters. letters
or illustrations placed thereto, thereon or thereunder. by any method or means
whatsoever, where the matter displayed would be used tor any purpose other than
that of advertising to the public the legal or exact firm name or the name ot the
business carried on therein or thereat, or for advertising any service or product
or products actually and actively being offered tor sale therein or thereon, and
shall not include street or directional signs, owner identification signs and point
of purChase signs as defined herein or real estate signs as defined herein.
Dwellin~. One Family: A detached building designed for or occupied exclusively
by one :family.
Dwellin~. Two Families: A detached or semi-attached building designed tor
or occupied exclusively by two families, commonly called a "duplex".
Dwellin~. Multiple: A building or portion thereof used or designed as a
residence for three or more :families, or households living independently of each
other.
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Family: One or more persons occupying a premises. living as a single house-
keeping unit and doing their cooking on the premises.
Front of Lot: The front of any lot shall be the side of said lot designated
as the front. by the plat of the subdivision in which said lot lies. or in the
absence of positive designation by said plat, the front of any lot shall be the
narrowest side which faces a street. unless by customary use and occupation in the
area in which said lot is located, a side other than the narrowest side faCing a
street is clearly indicated to be the front of said lot.
Gara~e Apartment: An accessory building with storage capacity :for not more
than four self-propelled vehicles and "trailers" attachable thereto, the second
floor or other po~tion of the building being designed as a residence tor not
more than one family.
aara~e. Private: A building used for the storage of self-propelled vehicles
and "trailers" attachable thereto, in which building no business service or
industry connected directly or indirectly with motor vehicles is carried on.
Gara2a. Public: Any premises except those described as a private garage,
used for the storage or care of selt-propelled vehicles and "trailers" attachable
thereto, or where any such vehicles are equipped tor operation. repaired or kept
tor remuneration, hire or aale.
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Gara~e. Stora~e: Any premises except those described as a private or
public garage used exclusively for the storage ot self-propelled vehicles and
"trailers" attachable thereto.
Hotel: A building ordinarily occupied as the temporary abode or individuals
who are lodged with or without meals, and in which there are more than ten sleeping
rooms, usually occupied singly~, and no provision is made for cooking in any indivi-
dual rooms or apartment.
Lodgin~ House: A building other than a hotel, motel, apartment house, or
duplex where lodging without meals for one or more persons is provided for
compensation.
~: A parcel ot land occupied or to be occupied by a building and its
accessory buildings, together with such open spaces as are required under this
Ordinance, and having its principal frontage upon a street or otficia1ly approved
place.
Motel: A building ordinarily occupied as the temporary abode ot individuals
or families who are lodged with or without meals and in which there are more than
two separate slueping rooms or apartments, which building is not more than two
stories in height, and which building mayor may not make provisions tor cooking
in any individual room or apartment.
Nonconformin~ Use: A building or land occupied by a use that does not
conform with the regulations of the use district in which it is situated.
Owner Identification Si~n: Any structure, device, display board, screen,
surface or wall with chdracters, letters or illustrations placed thereto, thereon
or thereunder, by any method or means whatsoever, Where the matter displayed is
used only to indicate to the publiC the legal or exact firm name or the character
ot the business carried on therein.
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Place: An open unoccupied space not less than thir~y (30) feet wide, per-
manently reserved for purposes ot access to abutting property.
Point of Purchase Si~n: Any structure, device, display board, screen,
surface or wall, with characters, letters or illustrations placed thereto, thereon.
or thereunder, by any method or means, whatsoever, where the matter displayed i8
used for advertising a product actually or actively oftered for sale thereon or
therein.
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Real Estate Si~: Any structure, device, display board, screen, surface
or wall, with characters, letters or illustrations placed thereto, thereon or
thereunder, by any method or means whatsoever, where the matter displayed ,thereon
shall be used solely for the purpose of offering for sale, for lease, or for rent
the exact property on which sign is placed.
Snipe Sign: Any small sign of any material, including paper, cardboard,
wood and metal, when such sign is tacked, nailed or attached in any way to trees
or other objects.
Story: That portion of a building included between the surtace ot any
floor and the surface of the floor next above it, or if there b~ no floor above
it, then the space between such floor and the ceiling next above it.
Story-half: A story under a gable, hip or gambrel roof, the wall plates
ot which on at least two opposite exterior walls are not more than two (2) feet
above the floor of such story.
Street: A penuanent right-of-way or thoroughfare not less than thirty (30)
teet wide.
Street or Directional Si~n: Any sign having the purpose ot giving instruc-
tions as to the location ot a place, event or meeting within said City or the
direction thereof from the sign location.
Structure: Anything constructed or e~ected, the use ot which ordinarily
requires permanent location on the ground or attached ~o something having a
permanent location on the ground.
Yard: An open space on the same lot wi~h a building, unoccupied and
unobstructed from the ground upward, except as otherwise provided in this Ordinance.
Yard. Front: The minimum horizontal distance between the street line and ~he
front line of the building or any projection thereof excluding steps and unenclosed
porches.
Yard. Rear: A yard, unoccupied except by an accessory building as herein-
atter permitted, extending across the full width ot the lot between the rear line
ot the building and the rear lot line.
Yard. Side: A yard, between the building and the side line of the lot and
extending trom the streat line to the rear yard.
SECTIOR II-B. . DEFINITIONS, CONTINUED:
Rotic.: Where notice is required by this Ordinance to be given, i~ maybe
given actually or by deposit ot written notice in the mail to the last known
addr~88 at the person required to be notified, or by advertising in any daily :
newspaper regularly published in the City of Clearwater tor two (2) consecutiye
publication days.
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Person: Shall include corporate and other legal entities; their officers.
representatives and agents.
SECTION III.
USE DISTRICTS.
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For the purpose of classifying, regulating, and restricting tho location
ot trades, lndustrieo, and other uses, and the location of buildings erected or~
structurally altered for specified uses, the City or Clearwater is hereby divided
into districts, of which there shall be eight, known as:
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(R-l)
(R-2)
(R-4)
(R-M)
(8)
(K)
(UZ)
(P)
RESIDENCE DISTRICTS
DUPLEX RESIDENCE DISTRICT
MULTIPLE D~~LLING, HOTEL. MOTEL, APARTI4ENT HOUSE, MEDICAL CLINIC
SAME AS R-4 PLUS LIMITED BUSINESS DISTRICT
BUSINESS
MANUFACTURING DISTRICT
UN~ONED DISTRICT
PUBLIC DISTRICT, PARKS, ETC.
walCH SAID DISTRICTS, together with their boundaries, are shown in full upon
a certain map marked, "The Zoning Map of the City or Clearwater, Florida, of 1952,"
signed by the City Auditor and Clerk and the City Manager and coantersigned by the
Mayor-Commissioner of said City, and consisting of an index sheet and bearing ~he
date ot December 5, 1952, said map aforesaid accompanies and is hereby adopted as
the orricial Zoning Map of the City of Clearwater, Florida, and by reference thereto
is hereby made a part of this Ordinance.
No premise or building shall be used or occupied, neither shall any building
be erected, altered, or extended for use or occupancy for any other use or
purpose than that permitted in the district in which such building or premise
is located.
SECTION ,IV. USE REGULATIONS, "R-l" RESIDENCE DISTRICT:
In the "R-l" Residence Districts no premises or building shall be used
or occupied and no building shall be hereafter erected or structurally altered,
unless otherwise provided in this Ordinance, except for one or more of the
following uses:
(1)
(2)
One family dwellings
Accessory buildings, including one private garage when located
not less than sixty (60) feet from the front lot line, nor less
twenty-five (25) feet from any other street line, or a private
garage constructed as a part of the main building.
SECTION V. USE REGULATIONS, "R-2" DUPLEX RESIDENCE DISTRICT:
In the "R-2" Duplex Residence Districts no premises or building shall be
used or occupied and no building shall be hereaf~er erected or struc~urally al~ered
unless otherwise provided in this Ordinance, except for one or more of the follow-
ing uses:
(1) Any use permitted in an "R-l" Residence District.
(2) Two family dwellings. commonly called a "duplex".
SEC'rION V-A. USE REGULATIONS, "R-4" MULTIPLE DWELLIWG DISTRICT:
In the, "R-4",Multiple Dwelling Distric~s no premises or building shall be
used or occupied and no building shall be hereaf~er erec~ed or struc~urally al~ered,
unless otherwise provided in this Ordinance, except for one or more of the follow-
ing uses:
(-1) Any use permitted i"l1 an "R-l" Residence Dis~rict.
(2) Two family dwellings. commonly called a "duplex".
(3) Churc'hes, schools, (elementary and high) I hospitals, except
hospitals or homes caring for men~ally deranged persons or nervous
disorders, private clubs, except ~h08e the chief act1vi~y of which
1s a service customa~ily carried on as a business, libraries,
museums, institutions, of an educational or philanthropic nature.
(4.) Multiple dwellings, apartmen~ houses, boarding houses, lodging
houses, hotels and motels. .
(5) Parks, playgroundS, and areas used for cOlllDlWlity purposes.
(6~ Agricultural, tarmins, 'tr,uck gardenins, nurseries. alld greenhouses
"!' for propagating and cultivating plants only.
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(7)
Cus~omary home occupa~ion located in a dwelling o~ apartm~t,
and carried on only by members of the household or ~he person
occupying such dwelling or apartment as his private residence
provided no window or other display or sign exceeding two (2)
sq. ft. in area be used ~o advertise such occup8~ion.
A public dining room or restauran~, provided the same is loca~ed
within the building operated as a hotel, apartment house. lodging
house or boar~ing house. and provided further that no street,
window, or exterior sign for display exceeding two (2) square
leet in area be used to adver~ise same.
Accessory buildings and uses necessary to and cus~omarily
incidental to any of the uses permitted in R-4 and R~ lanes when
located on the lame lot and not involving the conduct ot a
business other than customarily carried on in connection with
usee permitted in R-4 and R-M zones, including private and
storage garage when loca~ed not 18ss than 40 fee~ from the front
lot line nor lesa than 20 ~eet from any o~her street line or S
tee~ from any and all lot lines, or a private garage constructed
as a part of tne main building; provided. however, tha~ non-
commercial (not operated as a business within itself lor profit)
public parking lots or spaces on vacan~ lots or portioDs thereof
tor parking passenger mo~or vehicles shall be permi~ted in R-4
and R-M zones; provided. further, ~hat lots in aal use dis~rict8
shall be capable of use f'or parking lots only according to this
sub-section, wnen said lot or lots are directly abu~ting and
owned by the same owner as a lot or lots located in R-l,.. R-M,
B, M, UZ and P use districts.
USE REGULATIOfiS R-M MULTIPLE DWELLING, HOTEL, APARTMnT HOUSE,
AND LIMITED BUSINESS DISTRICT.
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SECTIOR V-B.
fio premises or buildings shall be used or occupied and no buildings shall
be hereafter erected or struc~urally al~eredi unless otherwise provided in this
Ordinance, except for one or more of the fo1 o1dng uses:
1. Any use permit~ed in R-l District.
2. Any use permitted in R-2 and R-4 District.
3. Combination hotel and business buildings; combination apartment
and business buildings subject to ~he lollo~ng limitations: In
any hotel or apartment ~ilding containing 16 or more hotel uni~s
(guest rooms) business usages shall be permitted ~tbin said
building under the main roof thereof to the extent of ~our
business spaces for the ~irst 16 such units and one additional
business space for each additional g units above ~he number ot
16; provided further that no street or exterior advertising or
display signs ~or said business spaces in excess of two (2)
square feet in area sha11 be permitted.
4. The provisions or SECTION V-A (9) at this Ordinance are hereby
included in this section by reference.
SECTION VI.
USE REGULATI05S, ftB" BUSINESS DISTRICT:
In the WB" Business District all premises and buildings except as otherwise
proVided in t.his Ordinance, may be used for any use permitted in either ftR-1"
Residence District, "a-2" Dup1ex Residence Dis~rict, "a_4ft Multiple D~lling
District, "R~" Multiple Dwe11ing and Limited Business District, or tor any other
use not specifically prohibited by Federal or State Laws or by Ordinances ot the
City or Clearwater, Florida, excep~ the following, to-wit:
(1) All types of occupancies from which are emitted smokes, fumes,
gases or odors de~rimental to the comfort, enjoyment and ~eal~h
of surrounding persons or occupants.
(2) Hew or used automobile parts sales from vacant lots.
(3) Creosote treatment or manufacture.
(4) Distillation o~ bones, coal or wood.
(5) Fertilizer Manufacture.
(6) Fish houses, wholesale, also fish smoking, curing or processing plants.
(7) Gasoline filling or service stations, except where special permit
has been procured from City Conm1ssion.
(8) Lumber yard and mill work.
(9) Automobile ~raller camps, except where special permit has been pr.o-
cured' from the City Commission, following a recommendation by the
Zoning Board.
(10) Carnivals, ~ent shows, exhibits and other teDporary amuse~ent
projects, except where special Ferm1t has been procuredfr.QD the
City Commission.
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District, "R~" Multiple Dwelling and Limited Business District, ftB" Business
District, or tor factories, lumber yards, fertilizer Plantsl and other industries
that may lawfully be 'carried on within the City Limits ot C earwater, provided
they do not emit smokes, fumes, gases or odors detrimental to the health of
surrounding persons or occupants, and are not specifically prohibited by any
other City Ordinance.
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In the "UZ" Districts all premises and buildings may be used for any use
permitted in "R-l" Residence District, "R-2" Duplex Residence District, "R-4"
Multiple Dwelling District, "R~n Multiple Dwelling District and Limited
Business District, "B" Business District, and for any and all other lawful uses
which may be approved by the City Commis6ion of the City of Clearwater, Florida.
SECTION IX. USE REGULATIONS "P" PUBLIC DISTRICT:
In the "pn Public District all premises and buildings shall be used exclusively
for the rollow.ing purposes, to-wit:
(1) Public streets, places, alleys, public highways, public parks,
public buildings, public recreation grounds, public aviation fields,
golf courses, baseball fields. other athletic fields. bathing
beaches, amusement parks, recreation~l centers, railways (other
than street railways), places of scenic beauty calculRted to
attract visitors and tourists.
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SECTION VIII.
USE REGULATIONS, "UZ" UNZONED DISTRICTS:
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SECTION X. NONCONFORMING USE:
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The lawful use ot land existing at the time of the passage of this Ordinance,
although such use does not conform to the provisions hereof, may be continued,
but ir such nonconforming use is discontinued for a period of six (6) months, then
any further use or said premises shall be in conformity lath t~e provisions of
'this Ordinance.
The lawful use of a building existing at the time of the passage of 'this
Ordinance, or one for the construction of which a building permit has been issued
not more than sixty (60) days prior to such passage, may be continued, although
e~ch use does not conform with the provisions hereof, and such use may be ex-
tended throughout the building provided no structural alterations except those
required by law or ordinance are made therein. If no structural alterations are
made, a nonconforming usa of a building may be changed to another nonconforming
use ot the same or more restricted classirication.
Any nonconrorming building, damaged by fire, the elements or other Act or
God, to the extent or more than sixty-five (65) per cent of its value shall
not be repaired or rebuilt, except in conformity with this Ordinance. Should the
damage be less than sixty-five (05) per cent of its value then repairs may be
made, provided they be made within six (6) months after such damage, and in
accordance with all other ordinances of the City of Clearwater.
,[ECTION .II. LOCATION, HEIGHT AND AREA REGULATIONS:
(1) No building or other use shall extend beyond the building lines
shown on the legend of "The Zoning Map of the City of Clearwater, Florida, of
1952", and no part ot any building or other use in R-l and R-2 use districts shall
extend or be constructed or be allowed closer than three (3) reet from any and all
lot lines, and no foundation line, wall or column of any building shall extend, be
constructed or be allowed closer than five (5) feet from any and all lot lines.
(2) No building or other use shall be erected or permitted closer than
twenty-five (25) feet from the front lot line, or from any side street line, or
closer than five (5) teet from the rear lot line of any lot or plot, in R~l and
R-2 use districts only.
(3) The height or all buildings shall be governed by the City's building
code and other pertinent Ordinances or regulations and not to exceed 150 feet in
height.
(4) No lot or plot having an area of less than five thousand (5,000)
square feet shall hereafter be used for building in an R-l area, neitber shall
any building o'ther than accessory building be erected thereon having a ground
floor enclosed area of less than seven hundred and fifty (750) square feet ex-
clusive of porches and breezeways.
(5) No lot or plot having an area of less than twenty-rive hundred
(2,500) square feet shall hereafter be used for building in an R-2 area, neither
shall any building other than accessory building be erected thereon haV1ng a
ground floor enclosed area of less than seven hundred and fifty (750) square
feet exclusive of porChes and breezeways.
SECTION XII. GERERAL PROVISIONS:
(1) lio building or structure of any kind whatsoever shall be erected
within one thousand (1,000) reet of any exterior boundary line of the Municipal
Aviation Field to a heigh't in excess or tifty (50) feet.
(2) In all residential districts, no garage, tent or outbuilding shall
be erected or used for residential purposes or tor any other purpose except
conatruc~ion of the main building.
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()) That hereatter Snipe Signs except when used as Real Estate Signs
as defined herein. Sidewalk or Sandwich Signs shall not be permitted within
the City ot Clearwacer except when said signs are looated upon priyate property
at the point or purchase.
(4) Mo person shall paint, paste, print or nail any banner, sign, paper
sign or any advertisement or notice of any kind whatsoever or cause the same to
be done, on any c~rbstone, flagstone, pavement or on any other portion or part
of sidewalk or attreet or upon any tree, lamp-post, teleppone or telegraph pole,
hydrant or bridge within the limits of any street or public right-ot-way within
the City of Clearwater; provided, however, that this section shall not apply to
regular notices required by law to be so posted.
(S) That all signs located in compliance with this Ordinance shall tirst
be constructed or erected in compliance with the Orficial Building Code of the
City of Clearwater.
(6) No flashing or activated signs shall be permitced in R-l, R-2, R-4,
or R~ use districts.
SECTION XII-A. SIGNS:
(1) CO~U/~RCIAL ADVERTISING SIGNS:
(A)
(8)
(C ~
(D)
That hereafter no commercial advertising sign shall be permitted
in any residential district which includes "R-l" Residence
District, "R-2" Duplex Residence District, "R-4" Multiple Dwelling
District, and "R-M" Multiple Dwelling and Limited Business District,
as defined in the City Zoning Ordinance.
That no commercial advertising sign shall hereafter be constructed
in a "B" Business District as defined in the City Zoning Ordinance,
until a special permit therefor has been obtained from the City
,Commission of said City. Before granting the application for such
a permit the City Commission shall consider the recommendations.
either favorable or unfavorable. of the City Zoning Board, and
the effect such a sign will hRve on the public health. morals
and safety in the particular location requested.
That commercial advertising signs now existing shall not be
materially or substantially altered or repaired unless a permit
as provided in SECTION XII (B) hereof is first obtained.
1. Persons desiring permit for the construction of commercial
advertising signs shall first exhibit to the Building Inspector
valid title to or lease upon the lands on which they desire
to erect said sign or signs.
2. All commercial advertising signs must be at least six (6)
feet from any existing or hereafter constru~ted building.
3. All commercial advertising signs must be at least fifteen
(15) feet from any street line and fifty (50) fe~t trom any
street intersection.
4. All commercial advertising signs must be so erected that
they will not constitute a craffic or other hazard or be an
eye-sore.
S. All commercial advertising signs must be erected of fire-
proof materials of such strength as to resist a pressure or
thirty (30) pounds per square inch.
6. The,advercising area of all commercial advertising signs
shall not be more than three hundred (300) square reet in area.
(2) PERMITS FOR STREET AND DIRECTIONAL SIGNS, OWNER IDENTIFICATION S1.GIS,
AND POINT OF PURCHASE SIGNS.
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That the City Building Inspector is hereby authorized to issue permits
Eor the erection of Street and Directional Signs, Owner Identification Signs"
and Point of Purchase Signs under and according to the following conditions;
Real Estate Signs may be erected without permit. according to the following specifi-
cations.
(A)
Street and Directional Signs shall not exceed four (4) square
feet in area; Real Estate Signs shall not exceed six (6) square
teet in area; and no sign of any nature or kind whatsoever
shall exceed six (6) square feet in area when located in an
R-l or R-2 use district; allot the toregoing signs'shall be
of a reasonable size and desigD with due regard to their pur-
pose, proposed location and the traffic and safety conditions
existing thereat; any of the foregoing signs having an area in
excess of the areas hereinbefore set out shall be classified
8S Commercial Advertising Signa and shall be subject to regu-
lation as such.
(8) A written application for each such permit shall be tiled with
the City Building Inspector indicating the Size, type and de-
sip of the desired sign and its proposed location w11ib parti-
cular regard to street and right-of-way lines.
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The City Building Inspector, ~th tne approval of the City
Manager, may ~ssue permits ~or signs to be loca~ed upon public
property, ~ere the applications therefor comply ~th tne pro-
visions of this Ordinance.
The City Building Inspector shall cnarge and collect for the
use of the City, a reasonable permit fee for all signa, except
real estate signs, said fees to be in the amount ~ich may be,
from time to ~ime, established by the City Commission of the
City of Clearwater, Florida, by resolution.
(3) LOCATION OF SIGNS \tJITHIN OR UPON PUBLIC PROPERTY AND RIGHTS-Or-WAY
PROHIBITED: EXCEPTIONS:
That except as provided herein, no sign shall be located in
or upon any np", Public District, as defined in the City
Zoning Ordinance, or in any street or railroad right-or-way.
That this Section shall not prevent any opera~ing railroad
from placing traffic signs which are necessary and proper in
the operation of said railroad.
That this Ordinance shall not pronibit the erection of
reasonable and necessary stree~ and directional signs
by tne City o~ Clearwater and State and Federal authori~ies.
That this Ordinance shall not pronibit the location of street
and directional signs when a permit therefor has been secured
as hereina~ter provided.
SiGNS AT LOCATIONS WHERE BUILDING IS IN PROGRESS:
(D)
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(B)
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This Ordinance shall not prevent the erection or one sign on
property where building is actually in progress under a current
building permit. This sign may be large enough to include the
names of persons performing labor or supplying materials to the
premises, and such sign must be removed before tne Certification ot
Occupancy shall be issued.
(5) REMOVAL OF ILLEGAL AND DETERIORATED SIGNS;
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Should any sign exist in the area 'Where sucn signs are pro-
hibited by the provisions or this Ordinance atter the etfective
date hereof, or shoula any sign deteriorate 00 tnat it 'no longer
complies wi~h this Ordinance, tne City Bui1d1ng Inspector is
here~y authorized and directed to remove such sign from said
prohibited area.
SECTION XI~. CERTIFICATE OF OCCUPANCY:
No vacant land shall be occupied or used, except for agriculture
uses, and no buildings herea~ter erected or structurally altered shall be
occupied or used until a certificate of occupancy shall have been issued by the
Building Inspector.
Certifica~e o~ Occupancy ror a Buildi~: Certiricate of Occupancy
for a new building or the alteration of an exist~ng building shall be applied
for coincident with the application for a building permit and said certiticate
shall be issued within three days a~ter the request ~or sane shall have been
made in ~riting to the Building Inspector after the erection or alteration of
such building or part thereof, shall have been comple~ed in conformity with the
provisions of these regulations. Pending the issuance of a regular certiticate,
a temporary certificate 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 its completion. Such temporary certifica~e shall not be con-
strued as in any way altering the respective rigpts, duties or obligations of
the owners or of the City relating to tne use or occupancy of the premises or
any other matter covered by this Ordinance, and such temporary certificate
sha11 not be issued except under such restrictions and provisions as will ade-
quately insure the safety of the occupants.
Certificate of Occupancy of Land: Certificate or occupancy for
the use of vacant land or the change in the character of the use or land as
herein provided, shal1 be applied for berore any such land shall be occupied
or used and a certiricate of occupancy sha11 be issued, within ~hree ()) days
af~er the application nas been made provided such use is in conformi&y with the
provisions of these regulations.
Certificate of Occupancy shall state that the building or proposed
use of a building or land, complies wi tn all the building 'and 'health laws and
ordinances and with the provisions of these regulations. A record of all
certificates sba11 be kept on file in the ofrtce of the Buildlng Inspector and
copies shall be ~rnished, on requestp &0 any persona having a proprietary or
tenancy interest in the building a~tected.
10 permit foX' excavation for any building shall be iaslled before
applica~ion has beeD made for certificate or occupancy.
XIV. PLA'1'S:
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drawing or plat, in duplicate, mowing the lot plan. tbe location of the building ,
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on the lot, accurate dimensions of building and lot and such other information as
may be necessary to provide for the enforcement of these regulations. A caretul
record of the original copy of such applications and plats shall be kept in the
office of the Building Inspector and the duplicate copy shall be kept at the
building at all times during construction.
XV. ZONING AND FLANNING BOARD:
-
1. The Zoning and Planning Board provided for in Chapter 15611
(No. 71) Acts of Florida, 1931, and any and all future acts, shall perform the
~unctionB and exercise the authority specifically given them therein.
2. The Zoning and Planning Board shall at its first meeting after
its appointment select rrom its membership a Chairman who shall preside at all
meetings attended by him; a Vice-Chairman who shall preside in the absence ot
the Chairman, and a Secretary who shall take the minutes and keep the records
of all meetings of the Board and of all actions of the Board.
J. The Board shall have full right and power to adopt rules and
regulations for its governance, fix its regular and special meeting times in
accordance with such rules. A majority or the membership of the Board attending
any regular meeting or special meeting shall constitute a quorum.
SECTION XVI. ADMINISTRATION:
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It shall be the duty of the City Building Inspector to administer
and enforce the provisions of this Ordinance, the same to be done in conjunction
with the building code of the City or Clearwater. In case of a conflict be-
tween any of the provisions of this Ordinance and those of the building code,
in a given instance, the more restrictive of the two shall govern.
Fersons, firms, or corporations desiring to appeal any ruling of the
Building Inspector shall so notify the City Manager of the City of Clearwater
in writing within twenty (20) days after such ruling has been made.
SECTION XVII. BOARD OF ADJUSTNENT AND APPEAL:
,
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The City Commission or the City of Clearwater shall, from and after
the passage of this Ordinance, be and it is hereby declared a Board of Adjust-
ment and Appeal so that where there are practical difficulties or unnecessary
hardships in the way of carrying out the strict letter o~ the provisions of
this Ordinance, the Board of Adjustment and Appeal shall have po~r in specific
cases, after due notice, and investigation, to determine and vary any such
provisions in harmony with the general purpose and intent or th, Zoning
Ordinance so that the public health, saf'ety and genera1 welfare '{may be secure
and substantial justice done.
Such Board shall hear appeals from the action of the Building
Inspector and determine the rights o~ the applicant. Appeal to the Board ot
Adjustment and Appeal may be taken by any person, firm or corporation
aggrieved, provided notice thereof, together with grounds thereo~, are filed
in triplicato, in writing with the City Manager of the City ot Clearwater
within twenty (20) days after such action of the Building Inspector. the City
Manager shal.l forthwith transmit one copy thereof to the City B"ilding Inspector
and one copy to the said Board.
The said Board shall after due notice and within thirty (~O) days
after the filing of said complaint, hold a public hearing thereon and promptly
render its decision.
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SECTION XVIII. INTERPRETATION, PURPOSE AND CONFLICT:
In interpreting and applying the provisions of this Ordinance, they
shall be held to the minimum requirements for the promotion of health, safety,
morals, and general welfare or the community.
It is not intended by this Ordinance to interfere with, abrogate,
or annul any easements, covenants, or other agreemen~s heretofore existing
between parties; provided, however, the jurisdiction and authority of the
City Government of the City or Clearwater to enforce building and zoning
restrictions shal.l be confined to the enforcement of the provisions of this
Ordinance and neither the City nor any department or employee thereot shall
in any wise involve the City in the enforcement of any privately cre~ted ease-
ments, covenants, restrictions or agreements between such parties.
SECTION XIX. REPEAL:
All ordinances or parts of ordinances in conflict herewith or incon-
sistent with the provisions of this Ordinance are hereby repealed.
SECTION n. VALIDITY:
Should any section, paragraph, sentence, phrase, clause or other part or
provision o~ this ordinance be declared by the Court to be invalid, the same shall
not affect the validity of the Ordinance as a ~hole, or any part thereof, other
~ban the part declared to be invalid.
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SEC'l'IOI III. PENALTY:
Any person, or persons, firm or corporation o~ association ot persona,
who shall violate or tail to comply with any of the terms or provisions ot this
ordinance shall, upon conviction in the Municipal Court, be fined not exceeding
the sum of Two Hundred (.200.00) Dollars, or imprisoned in the City Jail tor not
exceeding sixty (60) days, or by both such fine and imprisonment in the discretion
of the Municipal Judge. Each day that a violation is permitted to exist eball
constitute a separate orfense.
SECTION XIII. EFFECTIVE DATE:
This Ordinance shall take effect from and after its passage and ita
approval by a majority of the qualified electors or the City ot Clearwater Who are
Ereeholders within said City voting at a regular or special Municipal Eleotion
called and held in such manner as the City Commission may determine for the purpose
or determining whether or not 8UC~ Zoning Ordinance shall go into effect.
PASSED ON FIRST READING
PASSED ON SECOND,READING
PASSED ON THIRD AND FINAL
READING AND ADOPTED
December 9, 1952
December 9, 1952
December 9, 1952
/ s/ HERBERT M. BROWII
Mayor-Commissioner
Attest:
/s/ H. G. WINGO
City Auditor and Clerk
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ORDINANCE NO. 628
AN ORDINANCE PROVIDING FOR A SPECIAL MUNICIPAL ELECTION
TO BE HELD IN CONJUNCTION WITH THE REGULAR ELECTION OR
DECEMBER 16, A. D. 1952, SAID SPECIAL ELECTION TO DETER-
MINE WHETHER THE CITY ZONING ORDINANCE BE REPEALED AND
A NEW ZONING ORDINANCE ADOPTED, AND TO DETERMINE THE
ADOPTION OF THE ZONING MAP OF THE CITY OF CLEARWATER,
FLORIDA, OF 1952; PROVIDING FOR REGISTRATION AND QUALI-
FICATION OF ELECTORS; PROVIDING FOR THE MANNER OF COI-
DUCT OF SAID ELECTION; PROVIDING FOR NOTICE OF SAID
ELECTION; PROVIDING FOR DETERMINING THE RESULTS OF SAID
ELECTION, AND PROVIDING FOR THE EFFECTIVE DATE OF THIS
ORDINANCE.
BE IT ORDAINED BY THE CITY Crn4MISSION OF THE CITY OF CLEARWATER, FLORIDA:
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SECTION I. That a Special Municipal Election shall be held in the manner herein
provided, on Tuesday, December 16, 1952, for the purpose of determining whether
or not Ordinance No. 455, the City Zoning Ordinance, shall be repealed and a new
City Zoning Ordinance adopted.
SECTION II. At said Special Municipal Election, Ordinance No. 627, known as
the "City Zoning Ordinance" shall be submitted to a vote and said ordinance
No. 627, voted upon, shall be accepted or rejected as a whole.
SECTiON III. Only qualified electors of the City ot Clearwater. Florida, who
are freeholders within said City of Clearwater, Florida, shall be eligible to
vote in said special election.
SECTiON IV. All persons shall be considered as qualified freeholders in the
City of Clearwater, Florida, who shall be registered as such according to law,
as evidenced by the records of the Supervisor of Registration of Pinellas County,
Florida. and as shown on a certified list thereof submitted by said Supervisor
fifteen days prior to said election. Registration books for the purposes of said
election shall be closed thirty days prior to and inclusive of the election date.
SECTION V. The list so certified and submitted by the County Supervisor of Regis-
tration shall be open to public inspection at the office of the City Auditor and
Clerk upon receipt of same from said Supervisor and it shall not be necessary to
otherwise publish the names listed thereon.
SECTION VI. At least four days before the date of said election the City Commission
of the City of Clearwater, Florida, shall meet at the City Hall for the purpose of
reviewing such registration list and to restore any name or names to such list as
may have been improperly omitted or stricken therefrom. The registration list so
revised and completed shall constitute the list of voters eligible to vote in such
election. Notice of meeting to revise the list shall be given at least one week
before said election by publication one time in a newspaper of general circulation
in the City of Clearwater, Florida.
SECTION VII. The City Commission shall cause to be published in a newspaper or
general circulation in the City once a week for two consecutive weeks a notice
stating the purpose of the election, the polling places, and the class of persons
eligible to vote therein, the first publication to be at least ten days before the
date of the election.
SECTION VIII. Votes in such election shall be cast at polls set up in the City
Fire Station on North Garden Avenue in the City of Clearwater, Florida, and the
Clearwater Beach Fire Station on Mandalay Avenue on Clearwater Beach in the City
of Clearwater. The polls shall open at 7:00 AM Eastern Standard Time and close
at 7:00 PM Eastern Standard Time on the day of said election.
SECTION IX. Inspectors and Clerks of the election shall be appointed by the City
Commission except that if the Commission shall fail to appoint same at least two
days before the date of the election, the Mayor-Commissioner shall appoint them.
SECTION X. The question to be submitted to the voters at said election shall be
whethere>>r not Ordinance No. 627, shall be accepted or rejected as a whole. Voting
machines shall be used and the ballots shall contain the question,
"Do you favor the adoption of Ordinance No. 6271"
The election shall be conducted in accordance with the provisions of Ordinance
Ho. 567. and other applicable laws. True sample copies of Ordinance No. 627,
together with an accurate copy of "The Zoning Map of the City of Clearwater,
Florida, of 1952," mentioned in said Ordinance No. 627, shall be posted at each
polling place, and said Ordinance (less the Zoning Map) shall be published in
full in two separate issues of a newspaper of general circulation in Clearwater,
Florida, the first insertion to be at least six days prior to December the 16th,
1952.
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SECTION XI. The result or the voting shall be certified by returns in duplicate
signed by the Clerk and a majority or the elec~on inspectors. One copy of such
return shall be delivered to the Mayor-Commissioner and the other copy to the City
Auditor and Clerk, both oE Whom shall transmit such returns to the City Commission
at a meeting to be held at 12:00 Noon Eastern Standard Time on the day following
the election. At such meeting the Commission shall canvass the returns and declare
the results of the election.
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~cnO!l XII., All things done and accomplished in compliance with this Ordinance ";
ana: 111 .furtherance or 'the purposes of tbis Ordinance, prior to the ettectiye elate "
hereof are hereby ratified and confirmed as being in compliance with this Ordinance.
SECTIOR X:II~. This OrdinaDce shall become effective immediately upon its .psssage.
PASSED OR FIRSr READING December 9. 1952
PASSED ON SECORD READING December 9, 1952
PASSED 01 1HIRD AND FINAL December 9, 1952
RBADIKG AID ADOPTED
Attest:
/e/ H. O. WINGO
City Auditor and Clerk
/e/ HERBERT M. BROWl
Kayor-Commissioner
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CITY CON�MISSZON NIEETING
December 9, 1952.
The City Commission of the City of Glearwater met in special session at City
Hall, luesday, December 9, 1952, at 1:30 P.M, with the following members present:
Herbert M. Brawn 1'dayor-Commissioner '
Win. E. Crown, Jr. Commissioner
Herbert M. Blanton Commissioner
Absent•
Garland D. Lynn
Jack Russell
• Also present were:
F. C, Middleton
Chas. M. T'hillips,
G. T. McClamma
Sidney Lickton
Commissioner
�ommissioner
�ity Manager
Jr. City Attorney
Chief of Po? ice
City Engineer
The Mayor called the meeting to order an�l announced that this was a continued
session oP the Public Hearing on tr�e new Zoning Map which had been adjourned from
the day before. He introduced Mr. J. K. Batstone, Chairman of the Zoning Board,
and Mr. Lewis Homer, Mr. HQrace Hamlin, and Mr. E. C. Narquardt, members of the
Zoning Board.
Mr. A. T. Cooper, attorney for Mr. Donald Alvord, addressed the Com�nission
requestin� that the lots in Skycrest which front on the south side �f Drew Street
be zoned as busine�s instead of R-y., He stated that many of these lots had been
sold by the company on the premise that they would be zoned as business; also
that the blocks on the north side o£ Drew Street in New Marymont Subdivision are
zoned as business, Hy consent, the Co�ission agr�ed to zone the area in Skycrest
on the south side of Drevr Stree� between Duncan AvenuE to Grand Avenue or the extent
of the Skycrest development to the east will be zoned as busi.ness and the frontage
in New biarymont Subdivision will �xe zoned as business and south o£ Drecv Street in
that particular area will remain R-4.
Mr. A. H. Kretschmer, President of Skycrest �ivic Association, requested a
change from business zoning to R-!� in the Rainbow Drive area according to the
present use being made o�' the property. Mr. Cooper asked for an opportunity �o
contact Mr. Alvord to get his reaction, Both Commissioners Blanton and Crown
expresssd themselves as bei.ng against restricting property already sold a�
business proparty� Mr. Cooper, after telephoning Mr. Alvord, reported that Hir,
Alvord said that he has sold most vf the lots o£ the area in questi�� for business
purposes and that Mr. Alvord felt that the property should continue to be acned as
business.
Mr. Cooper inquired if the site of the building owned by the A& W Glads
Company was zoned for business on the new map. He was informed that part of the
site was in the R-�. zone but that it would come under the non-conforming use
clause in the Zoning Ordinance. Commissioner Blanton moved that all of th�t
portion of land between Keystone Drive and Duncan Driv� extending 2$0 feet north
of Gulf-to-Bay Boulevard be zoned as Business to c�nform with the rest of the
Boulavard pr°operty in Skycrest. Notion was seconded by Commissioner Crown and
aarried unanimously.
Mr. Ralph Richards appeared before the Commission on behalf of a client who
has built one building with rental units and has purchased a lot planning to
build another multiple dwelling in the area between Coronado Driwe and Gulf View
Boulevard on th� south end of Clear��ater Beach. He felt that th� best interests
of` the majority of the gropertp owners in the area would be preserved by keeping
this axea R��.. Commissioner Blantan moved that the Commission ra:consider �he
zoning of that portien of lanci between Gulf View Boulevard and Coronado Drive
south of Fifth Street to its original classification or e�uivalent to its original
classification whiah is now R-1�. Motion was seconded by Commiss�oner Crown and
carried unanimously.
Commissioner Crown remarked that the deveiopers af that south portion of -the
island improved it from a mangrove swamp and went to considerable expense to fill
it in and pu� in paving, water lines, etc,, therefore they were entitled to some
consideration. Mr. W, D. Owens, one o£ the developers, pointed out that the area
was developed for multiple units and some of the land had been sold for building
multiple units upon it, Commissioner Croc,m moved that the area south of Fifth
Street between Gulf View Boulevard and Coro�ado remain the same zor_in,g as on the
previous zoning map or R-�.. Motion was seconded by Commissioner Blanton and carried
unanimously.
Mr�. H. H. Baskin reported to �he Qommission that there is a matter concerning
the plat restrictions of Knollwood Replat which is in litigation at the present
time. Mr. George Smith described ths stipulation reporting that all the owners of
tY�ese lots who live in the city have agreed that they want restrictions so that
the lots can be used for any purpose e�cept gas stations, daace halls, skating
rinks, catering, or places where intaxicating beverages can be sold, He also said
the out-of-town owners have been contacted by mail and there have be�n no protests
from them. Mr. Smith said they inte�d to ask the Court to remove the plat restr3c-
tion o.f R-1 which would last until November $, 1g54, and to p$rmifi business use of
the lots except for certain businessesa The Cit3� Attorney described the area as
bounded on the southwest by Gulf-to-Bay, on the east by San Remo Avenue, and on the
narth by Laura Street. Commission�r Blanton m�ved that Lots 1-5, Block 1, Lots 1-�,
16-19, Block 2, Knollwood, be zoned for Business. Motion was seconded by
�ommissioner Crown and carri�d unanimously.
I •
CITY COMMISSION MEETTNG
'December 9, 1952
It was the City Attorneyts opinion that Lots 10 to 13, City Park Subdivision,
should be shown on the new�map as unzoned since any usage of unzoned property must
_ be approved by the City Commission.
The City Attorney read Ordinance 62�, the proposed Zoning �rdinance, Several
amendments werp suggested by the Commissioners which were noted by the City Attorney.
Commissioner Blanton moved that since no valid objections remain either to Ordinance
627 or to the Zoning Map of the City of Clearwater, Florida, of 195z, after the
Public Hearing held on the dates of De�ember $th and gth, he moved the passage and
adoption af Ordinance 627 as amended on its first reading. Mo�ion was seconded by
Co�amissioner Cro�vn and carrie�' unanimously.
Commissioner Grown raoved that Ordinance 62'7 ba considered on its second
reading by title only by unanimous consent of the Commission. Motion was seconded
by Commissioner i3lanton and carried unanimously. The City Attorney read Ordinance
627 by titZe only. Commissioner Crown moved the passage'of Ordinance 62'] on its
second reading by title only, Motion was s�conded by Commissioner Blanton and
carried unanimously.
The Gity Attorney read Ordinance 62'7 in :full. Commissi�ner Crown moved that
Ordinance 627 as amended be passed on its third and final reading. Motian was
seconded by Commissioner Blantc�n and carrfed unanimotisly.
The Citq Attorney read Ordinance 62$, an Ordinance providing for a Spacial
Electian on the Zoning Ordinance, said election to be held Tuesday, December 16,
1952. Commissioner Crown moved that Ordinance 62$ be passed and adopted on its
first reading. Pdotion was seconded bq Comma.ssioner Blanton and car^ied unanimously.
Commissioner Crawn noved that by unanimous consent thaL Ordinance 62$ be
considered on its second reading by title only. Motion was seconded by Commissioner
Blanton and �arried unanimou�ly. The City Attorney read the Ordinance by title
only. Commissioner Blanton moved the passage and adoption of Ordinance 62$ on its
second reading �y title only: Motinn was seconded by Commissioner Crown and carried
unanimously.
The City Attorney read the Ordinance in fuil. Co�amissioner Crown moved that
Ordinance 62$ be passed and adopted on its third� reading. Motion was seconded by
Commissioner Blanton and carried unanimously.
The City Manager recommended that the Paul Giuliani Company, low bidder on the
sar_itary sewer in Evergreen Avenue and a portion of Franklin Street, be awarded �he
con�ract with the requirement of 100� performance bond. Commissiones Crown moved
that the Gity Managarts recommendation with respect tca the sanitary sewer contract
in Tagarelli Subdivision be approaed awarding the contract to Paul Giuliani Company,
Tarpon Springs, at the low bid of `�`3yli.y2.00 provided he puts up a 100� performance
bond; otherwise ihe contract will go to Lawrence & Rutledge at a price oi �3,500.00,
the next lowest bid. Motion was seconded by Commissioner Blantan and carried
unanimously.
The City ivZanager rec�rumended that the low bidder, the Burton Waiker
Construction Company, be given the contract for the resurfacing and curbing of
Jupiter Avenue. Commissioner Crown moved that the contract for the curb and
necessary pavement on Jupiter Avenue from I7rew to Rainbow be awarded to Burton
Walker Construction Companp, the lovr bidder, at a price of �_6,502.00 in accordance
with the Citp Manager�s recommendatian. Motion was seconded by Commissioner Blanton
and carried unanimously.
There being no furthEr business to come before the Board, the meeting was
adjourned.
T
apor �ommis 'oner
Attest:
O
City Auditor d Clerk
oRn�r�Rr�cE Na. �z�
AN ORDIH�INCE REGULATIidG AND R.ESTRICTII3G THE USE OF LAND A�TD TH�
LOCATION ANA USE OF BUILDINGS AND STRUCTUR�S TAl THE CT'PY
�F CLEARWAT�R, FLORIDA; CREATTNG DISTRIGTS OR ZUNES T�IERE�'ORE;
R�GULATING THE INTENSTTX OF USE OE' LAND AREAS AND THE' LOCATION OF
BUILDTNGS AND 5TRUGTIJRES TH�REON; ESTABLISHING BIIILDZNG LINES;
I3EGllLATING AND PFlOHIBITING THE E;hr,CTIOIV�, USE AND NaAINTENAYdCE
OF SIGNS EXCEPT AS HEREIN' PftOVIDED; REQtTIRING GiVD PROVIDINC
F'OR PEii;�flTS. FOR SIGNS; PROVIDING FOR THE FtEh40VAL OF ILLEGAL ANA
TIETERIORATED SIGNS; PRO��IDING DiFINITIONS; ESTABLISHING A ZONING
AiVD PLANIVING I30ARD; PROVIDTNG A �+IETHO� OF' ADMINISTRATION; PkOVIDI'NG
FOR REPEAL OF ORDINANCES IN CONFT,ICT HEREtti�ITI3; PROVID�NG FOR SEPARA=
BII,ITY OF THE PROVISIOI�S HEREOF; AND PROVIDITJG PENALTIES FOR THE
VIOLATION OF THE TERPiS OF THIS ORDINANGE.
BE IT ORDAINED BY THE CITY C0�IISSION OF THE CI`L'Y OF CLFAR.�r'ATEii, FLQRIDA;
SECTZOAi I, Thzs Ordinance shall be knorm and �ited as "The Zoning 0�dinance'� o.f
the City o� Clearwater, Florida.
S�CTSUN II-A. DEFINITIUNS:
For the purpose of thi.s Ordinance, certain terms and words are hereby
defined 3s follows:
Wc^ds used i�i the present tense include the f,ature; words iu the singular
number include the plural and tivords in the plural number inrlude the singular;
the word ttbuilding" includes the word TMstructuren; the word TMather" shall not be
limited to �hings of similar character; ths word ttlot" inciudes the word ttplotn;
the words �tusett and "occupy" include the words "designed or intended to b�
occupied"; and word "shalll' is mandatory and not directory.
Accessory Building: A subordinate bui�ding or portion of main building,
the use of which is incidental to that of the main building.
Accessory Uses: Uses customarily incident to the principal use of a
building or p1o�G as permitted or restricted by the principai use,
Al1ev: A way designa.��ed to public use other than a street or place.
Apartment Houses A building which is used ar intended to be used as a
home or r�esidence for tnore than two families livin� in separate apartments.
Boardin� House: A building, other than a hotel, cvhere lodging and meals
for one or more persons are provided, prepared and served for compensation.
Buildin�: A structure having a roof supported by columns or walls.
Commercial Advertisin� Si�n: Any structure, display board� billboard,
poster b4ard, bulletin board, screen, surface or wall, with characters, letters
or illustrations placed thereto, thereon or thereunder, bp any method or means
whatsoever, whc:re the matter displayed would be used for anp purpase other than
that of adverti.sing ta the public the legal or exact firm name or the name �f the
business carri��d on therein or thereat, or for advertising any service or product
or products actually and actively being ogfered for sale therein or thereon, and
shall not include street or directional signs, owner identification signs anci point
of purchase signs as defined herein or real estate signs as defined herein.
Dwe�lin�, One Familv: A detached building designed for or occupied zxclusively
by one family.
Dwellin�. Two Families: A detached or semi-attached building designed £or
or �ccupied exclusively by two families, commonly called a nduplex't,
Dwellin�, NIultiple: A buiiding or portion thereof used or designed as a
residence for three or more families, or households living independently of each
other.
Familv: One or mare persons occupying a premises, living as a s�ngle house-
keeping unit and doing their cooking on the premises.
Front of Lot: The front oi any lot shall be the side of said lot designated
as the front, by the plat of the subdivision in which said lot lies, o,r ira the
absence of positive designation by said plat, the frQnt of any lot sha11 be the
narrowest side which faces a street, unless by customary use ar_c� occupation in the
area in which said lot is located, a side other than the r.arrowest side £acing a
street is clearly indicated to be tlie front of said lot.
Gara�e Apartment: An accessory building with storage capacity �or not more
tizan four self-propelled vehicles and tttrailers�} attachable thereto, the second
floor or other p��+tion of the building being designed as a r�sidence £or r�dt
moi•e than one fami].y.
Gara�e. Private: A building useci for the storage af self-propelled vehicles
and ��trailerslf attachable theretu, in which building no business s�rvice or
industry connected direc�ly or indirectly w�ith motc�r vehicles is carried on.
Gara�e. Public: Any premises except those descrYbed as a private garage,
used for the stora�e or care of self-propelled vehicies and T�trailerstt attachable
ther�to, or where any such vehicles are equipped for operation, repaired or kept
�or remuneratien, hire or sale.
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Gara�a, Stora�e. Any premises except those describod as a private or
puUlic garage used exclusively for the storage of self-propelled vehicles and
T�trailers�� aGtachable thereto.
Hotel: A building ordir.arily occupied as the temporary abode of individuals
who are lodged with or without meals, and in which there are more than ten sle�ping
rooms, usually occupied singly:, and no provision is made for cookin� in any ind.iv3-
dual rooms or apartment.
Lod�in� House: A building oi;her than a hotel,'motel, apartment house, or
duplex where lodging without meals fcyr one or more persons is �xovided for
compensatior_.
Lat: A parcel of land occupied ar to be occupied by a building and its
accessorp bui.ldings, together with such open spaces as are required under this
�rdinarzc�, and having i�s princ?pal irontage upor, a street or officially approved
place.
Motel; A building ordinarily occupied as the temporary abode of individuaZs
or iamilies who are lodged with or without meals and in which there are raore than
twa separate sleeping rooms or apartments, which building is not more than two
stories in height, and which building may or may not nake provision� for cooking
in any individual room or apartr�en�.
Nonconformin� Use: A bui:lding or lar�d occupied bp a use that does not
conform tiaith the regulations of the use district in which it is situated.
Owner ldentification Si�n: Any structure, device, display board, screen,
surface or wall �rith characters, letters or illustrations place� the,roto, thereon
ar thereunder, b;� any method or means whatsoever, �vhere the matter displaped is
used only to indicate to the public the le�a�. or exact firm name or the cbarac�er
of the business carried on therein.
?lace: An apen unoccupied spaca not less than.bhir�y {3Q) feet wide, per-
manently reserved for purposes of aacess to abutting property.
Point of Purchase Si�n: Any structure, device, display board, screen,
surface or i,*all, with aharac�ers, letters or illustrations placed thereto, thereon,
or thereunder, Up any method or means, whatsoever, where the matter clisplaped is
used for adve.tising a produe� actually or activel3 offered for sale thereon or
therein.
Heal Estate Si�,n: Any strncture, �e�rice, display board, screen, surface
or wall, wi�h characters, letters or illustrations placed thereto, thereon or
thereunder, by any method or means �vhatsoever, sGhere the matter displaped ��Gt�ereon
shall be used solely for the purpose of offering for sale, for lease, or �Qr rent
the exact pro�erty on which sign is plaeed.
Snipe Si�n: Any small sign oi any material, including paper, cardboard,
wood anfl metal, when such sign is tacked, nailed or attached in any way to trees
or o�her objects�
Storv: That partion o£ a building included t�etween the surface of any
iloor and the su.rface of the floor next above it, or if there b� no floor above
it, then the space between such floor and the ceiling next abcyve it.
Storv-half: A story under a gabl�, hip flr gambrel roof, the wall lates
of which on at least two opposite exterior walls are not more than two �2} iest
above the floor of such story.
Street: A perr�idneilt right9of-way or thoroughfare not less than thirty (30)
feet wide.
Street or Directional Si�n: Any sign having the purpose of giv3ng instruc-
tions as �o the location of a place, even� or mee�ing wi�hin said Citp or t3�e
direc�ion tliereof from the szgn location.
Structure. Anything constructed or e�ected, the use of wh3ch ordinarily
requires perman�nt location on the a ound or at�ached tn something having a
permanent location on the ground.
Yard: An open space.on the same lot with a buildin�, unoccupied and
unobs�ructed from the ground upward, except as otherwise provided in this Ordinance.
Yard. Fronts The minimum horizontal distance between the street line and the
front line of the buildin� or any pro�ection thereof excluding steps and unenclosed
porches.
Yard. Rear: A yarcl, unoccupied except by an accsssory building as here3n-
a.fter permitted, extending across the iu11 width of th� lot b�tween the rear line
of the building and the rear lot line.
Yard. Side: A yard, between the building and the sa�de line of the 1ot and
extending from the street line �o the rear yard.
SECTION II-�.� DEFINITIONS, COIdTINUED:
Notice: VJhere not�ce is required by t-his Ordinance to be giaen, it may be
given act;ially or by deposit of Urritten notice in thE mail �o the last known
address of the person required to be notified, or by advertisi:ng in an,y daily
ne�vspaper regularlq published in the City of Clearwater Par twcs (2) consecutive
publi.catian days.
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Person; Shall include corporate and o�her legal entities, �heir officers,
representatives and agents,
SECTION TII. USE DTSTRTCTS.
For the purpose of classifyxng, regulating, and restrictin� the location
of trad.es, industries, and other uses, and the location of buil.dings erected or:
structurally altered for specified uses, the �i,ty of Clearwater is hereby divided
3.nto districts . of t�rhich there shall b� eight, known as:
(R-lj RESIDENGE DISTRICTS
(R-2) DUPLEX R�STDENCE DISTRICT
(R-l�) MULTZPL£. DC�IELLING, Ht;TEL, MO`rEL, APARTf+�ldfi HOUSE, h1EDICAI, CLII+TIC
(R-M) SAME AS R-1� PLUS LThtITED fiUSIN�SS DISTRICT
( B ) BUSII�ESS
�K) MAi�UFACTURING DISTRICT
(UZj UN'LONED DISTEiICT
(P) PiJBLIG DISfiRZCT, PARKS, ETC.
LVHICH SAID DISTRTCTB, together with their boundaries, are shown in fu11 upon
a certain map marked, "The 'Loning 1iap of the City t�f Clearwater, Florida, of I952,tt
signed by th� City Auditor and Clerk and the Citp i�ianager and countersigned hp the
Mayor-Commissioner of said Citq, and consistin� o£ an in3ex sheet and bearing the
date of Dscember 5A 1952, said map afaresaid accompanie.s and is hereby 3dopted as
the oificial Zonin� i�iap of the City oi Clearwater, Florida, and by reference thereto
is hereby made a part of this Ordi�ance.
hTo premise or building shail be used or occupied, neither shall any bnilding
be erected, altered, or extended far use or occupancy for any otner use or
purpose �han that permitted a.n the di:strict in which s�zch building or premise
is lccate3.
SECTiON IY. USE REGU;,ATIONS, �t$_lr� �,�gIDE2d�E DISTRICT:
In the ttR-1� R�sidence Di:,tricts no premises or builciing s�all be used
or occupied and no bui.lding shall be hereafter erected or struci;urally al�ered9
unless otherwise provided in this Urdinance, except for one or more oi the
fo�lowing uses:
(1) One family dwelliags
(2) t:ecessox�y buildings, inclucling one pri.vate garage when located
not less than sixty (60j f�et fram the iront lot line, ttor less
twenty-five (25) feet from any other street line, ar a private
g2rage constructed as a part of the main building.
SECTION V. USE REGUL.�TIOI�S, 1iR-2" I3UPI,EX R�SIDENCE DISTRICTs
Tn the TMR-2° Duplex Residence Districts no premises or building shall be
used or �ecupied znd no building shall be hereaiter erected or structurally al�ered
unless otherwise provided in this Ordinance, except for one or more of the iollow-
ing uses:
(1) Any use permittad in an "R-1" Residence District.
(2) Two iamily c3we11ings, commonly called a nduplexft.
SECTiON T�-A. USE RE�ULATIt�NS, ttR-Ei.TJ MUT,TIPLE Dt�lELLING DISTRICT:
In th� ��R-1�" i�ultiple Divelling Districts no premises or building shall be
used or occupied and na building shall be hereafter erected or structurally altered,
unless otherwise provided in this Qrdinance, except for ane or more o� the follow-
ing uses:
(1) Any us� permitted i-n an "R_1� Residence District.
(2) Two family dwellings, commonly �a11ed a ttdupleYl�.
�� (3) Churches, schools, (elementary and high), hospitals, except
hospitals or hames caring £or mentally dera�ed persons or nervous
disorders, private clubs, except those tha chief activity of which
is a service customarily caxrie� on as a business, librar.ies,
museums, institutions, of an educational or philznthropic ria�ure.
(4� Multiple dwellings, apartment houses, boa.rdiz�g Y�ousas, lodging
houses, hotels and motels.
(5) �arks, playgrounds, aiad areas used fo� commur_it� pui•poses.
(6tj� Agricultural, farming, truck gardening, nurseries, and greer�hause�
for propagating and cultivating plan�s only.
� ��
-4-
(7j Customary home occupation located in a dwelling or apartment,
and carried on only bq members of the household or the person
occupying such dwelling or apartment as his priva�e residence
provided no v�indow ar other dispiay or sign gxceeding two {2)
sq. f`t. in area be used �o advertise such occupation.
($) A publ.ic din�.ng room or restaurant, provided the same is located
within the building operat�d as a hotel, apartment house, lodging
house or boarding house, and provided further that no street,
window, or exterior sign ior display exce��i�g zvra (2) square
feet in area be used to advertise same.
(9) Accessorp build:i.ngs and uses necessary to and custom�rily
incidental to any af the uses permitted in R-1� and �-M zones when
located on the same lot and not involving the aonduct of a
business other than cus�omariiy carried on in connection with
uses permitted in R-�. and R-M zones, including private and
storage garage when located not less than 1�0 feet from tha front
lot line nor less �han 20 feet frora any o�her street line or 5
feet irom any and all lot lines, or a private g�rage constructed
as a part of the main building; provided, however, that noil-
commeraial EnoL operated as a business �aithin itself for profitj
public parking lots or spaces on vacant lots or portions thereof
£or parking passenger motor vehicles shall he permitta3 in R-k
and R-i� zones; provided, further, that lots in a�l use districts
shall be capable of use for parking lots only according to this
sub-section, when said lot or lots are directly abutting and
owned hy the sam� owner as a lot or lots located in R-1�, R-bS,
B, Nt, UZ and P�se districts.
SECTIOhi �I�B. USE REGULATION3 R P�S MULTIPLE DWEI,LING, HOTEL, APARTi+�ir,NT HOUSE,
AND LIi+lI`.C'ED BUSINESS DISTRICT.
No premises or buildings shall be used or occupied and no buildings sha11
be hereafter ereeted or structurally altered, unless obherc,rise provided in this
Ordinance, except for one or more of the foilowing usese
1. Any use permitted ia� R-1 District.
2, Any use permitted in FZ-2 and R-y. District.
3. Combination hQtel and business buildings; combination apartment
dnd business buildings subject to the foll�wing limitations: In
any hotel or apartment building containing 16 or more hotel units
(guest rooms} Uusiness usages si-,311 b� permitted within said
buildin/y under the main rooi thc.reof to �he extent of four
busines�s spaces for the first 16 such units and one additional
business space ior each additional $ units above the number of
16; provided further that no street or exterior advertisin� or
display signs f'or said business spaces i,n excess of �wo (2
souare feet in area shall be permitted.
4. The provisians of SECTION �-A (9j of' this Ordinance are her�by
included in this section by reference.
SECTION VI. USE REGUL'�TIONS, TMBn BUSII���S DISTRICT:
In the t�BT� Business District all premises and buildings except as otherwisa
provided in this Ordinance, map be used for any use permitted in eitYier ttR-1i�
Residence Dis�,rict�, �iR--2tt Duplex Residence District, ��li-y.�� Multiple Dwelling
District, rrR Ri" i�ultiple Dwelling and Limited Business Dis�rict, or for any other
use not spscifically prohibir.ed by Federal or State Laws or b�r Ordinances of t;�e
City of Clearwater, Florida, except the foll�wing, to-wit:
(1} All ?sypes of occupancies from which are emitted smokes, fumes,
„ases or odors dstrimental to tb.e comfort, enjoyment and health
of surrounding persons or occupants.
(2j New or used automobile parts sales from vacant lots.
�3) Cre�so�e treatment or manufacture.
(4.) Distillation oF bones, coal or wood.
{5) Fertilizer l�ianufacture.
(6) Fish houses, wholesale, also iish smoking, curing or processing plants.
(7} Gasoline filling or service sta�ions, except where special permit
has been procured from City Commission.
��j I,umber yard and mill work.
i9) Automobile t�ailer camps, except where special permit has been pro-
cured from the Citq Commission, following a rscommendation by the
Zoning Board.
(10} Carnivals, te;at shows, exhibits and other temporary amusement
projects, except where specia�. permit has been procured from the
City Commission.
S�CTIdN VII. ETSE R�GUL�TIONS, �RS�T MI�NUFACTUfiTNCs DISTRICT:
In the tti1TM Manu£acturing District all premises and buildings, except as other-
wise provided in this Ordinance, may be used for any use permitted in TMR-1n
�S%
-5-
Residenc� DisL-rict, LPR-2TM Duplex Residence District, "R-y.n iKultiple Dwelling
Distriet, }4R-Mt�i�tultiple Dwe?Zing a.nd Liraited Business District, tt�^ Busine�s
District, ox fox factories, lumber yards,. iertilizer plants, and otYier industries
that may lawiully be�carried on within the City Li�n3.bs of Clearwater, provided
they da not em�t smokes, fumes, gases or odors detrimental to the health of
surrouz�ding persons ox occupant�, and are not specifically prohibited by any
other City Ordinanca.
SECTION (�III. USE ftEGULATIONS� ��IIZ�� 'J21ZOM�D DISTRICTS;
In the 41UZTM Districts all premises and buildings raay be used for any use
permitted in "R-1tt Residence District, TMR-2�� Duplex Residence District, ^R-4TM
Multipl� Dwelling District, �tR Mt} Tdultiple Dwelling District and I.imited
Business District, Trg" gusiness District, and fox any and all other lawful uses
which may be appraved by th� City Comraission of the City of Clearwater, FTorida..
SECTION IX. tlSE REGULATIONS ��Ptt PtTF3LIC DYSTRICT:
Tn the tTPn Public District all premises and btri].dings shall be used exclusivelp
for the following purposes, to-wit:
(1) Public streets, places, aYZeys, public highways, public parks,
public buildings, public recreation grounds, public aviation fields,
golf courses, baseball fields, other athletic fields, bathing
beaches, arausement parks, recreational centers, railways �other
than street razlways), places of scsnic beauty caiculated to
attract visitcrs and to�.zrists.
SECTION 7C. NONCONFtiRt�iING USE:
The lawful use of land existing at the time of the passage of this Ordinance,
althoug� such use does not conform to the provisions hereof, may be continued,
but if such ^�anconforming use is discpntinued ior a period of six (6) months, then
any further .��e oi said premises shall be in conformity �vith the provisions of
this Ordinance.
The lawful use of a building existino at the time of the passage oi this
C�rdinance, or one ior the construction of wnich a building p�rmit has been issued
not more than sixty (bOj days prior to such passage, may ba contiaued, althaugh
�L�.ch use d�es not conform with the provisions hereof, and such use may be ex-
rended througllout the buildiag provided no structural alt;erations except thcse
required by law or ordinance a�e taade therein. If no structural alterations are
made, a nonconforming use of a building may be changed to another noncon�orming
use of the same or more res�.ricted classification.
Any nonconforming building, damaged by fire, the elements cr other Act of
Godq to the extent of more than sixty-five (65) Fer cent of its value shall
not be repaired or rebuilt, except in conformity with this Ordinance. Should the
damage be less than sixty-five {65) per cent oi its value then rep�irs may be
made, provided they be made witbin six t6j months aitsr such damage, and in
accordance with all other ordinances of' the City of Clearwater.
SECTION XI. LOCAiIQN, HEIGHT AND Ai��A REGULATIONS:
(1} lYo building or othar use shall extend beyond the building lines
shown on the legend af ttThe Zorxing Pdap of the City of Clearwater, Florida, of
1952tt: and no part of any building or other use in R-1 and Ft-2 use districts shall
extend or be constructed or be allowed closer than three (3j feet f.'rom any and all
lot littes, and no �oundation line, ��all or column of anp building �hall extend, be
constructed or be allowed closer than five (5) feet from any and all lot linese
(2) No building ar other use shall be erected or permi�tted closer than
ttaenty-five (2�) ieet from the front lot line, or from any side s�reet 1ine, or
closer than five (5� feet from the rear ].ot line c�f any lot or plc�t, in R�l and
it-2 use districts only.
d3) The height of all buildings shall be governed by the Gity's building
code and other pertinent Ordinances or regulations and not to exceed 150 feet in
height.
(4) No lot or plot having an area of less than five thousand (5,000)
square fEet shall hereafter be used for l�uilding in an R-1 area, neither shall
any building other Lhan accessory building be erected thereon having a ground
floor enclosed area of less than seven hundred and fit"C��� (750) square f�eet ex-
clusive af porches and ioreezeways.
(5) No lot or plot havir�g an area af less than twenty-five hundred
(2,500) square feet shall hereafter be used for building in an R-2 a.rea, nei�her
shall any building other than accessory building be erected thereon raving a
ground floor encloaed area of less than seven hundred and fii`ty (750) square
fee� excl�asive of porches and breeze�rays.
SEGTTON XII. GENERAL PROVISIONS:
(1) No buildin or structure of any kind whatsoever shall be erected
within one �h�usand �1�q00) f'eet of any� exterior boundary line of the NIunicipal
Aviation Field to a heighb in excess of figty (50) feet.
(2) In all residential districts, no gaxage, tent or outbuilding shall
be erected or used for residential purposes or ior any other purpose except
canstruction of the main building.
_�_
(3� 3'ha� hereafter Snipe Signs except when used as Real Es�a�e Signa
as defined hexein, 3idewralk or Sandwich Signs sha1T not be permitted w3.thin
the Cit3* of �learwater e,xc�pt when said signs are located upon privat� pro�erty
at the point af purchase.
i�r) No person shall paint, paste, print or nail any banner, sign, paper
sign �r any advertisement or notice of any kind whatsoever or cause the same to
be done, on any curbstone, flagstone, pavement or on any other portion or part
of sidewalk or st�eet or upon any tree, lamp-post, telephdne �r telegraph pole
hydrant or bridge within �he limits of any stx•eet or public right-of-way wa.thin
the City of Cleary�ater; provided, however, tliat this sectian shall nd� apply to
regular notiees required by lava to be so posted.
{$j That aIl signs located in compliance with this Ordinance shall first
be constructed or erected in complian.ce with the Official Building Code of the
City oi C3earwater.
(�i hTo flashing or activa�ed signs shall be permz�ted in R-1, R-2, R-k,
or R P�, use districts.
SECTION XTI-A. STGiVS:
(1) COi�1i�iERCIAL ADVERTISINC� SIGI�S:
(A) That hereafter no comraercial advert:ising sign shall be permitted
in any residential district which includes ttR-1i� Resisience
District, ttR_2rt Duplex Residence Dis�rict, ttR-�.^ Multiple Dwelling
I7istrict, and �TR-M" biultiple Dwelling and Limited Business District,
as defined in i;he Gity Zoning OrdinanCe.
(B} That no comnercial advertising sign shall hereafter be constructed
in a T:BT� Business District as defined in the City Zaning Ordinance,
until a special permit thereior has been obtained f'rom the Citp
Co,-nmission of said City. Before granting the application for such
a permit the City Commission sha11 consider the reco�mendations,
either favorable or unfavorable, of the City Z�,�ing Board, and
the effect such a sign will have on the public health, morals
and safety in the par�icular 1oca�ion requested.
(C� That com�ercial advertisia�g si�;ns now existing shall nat be
material]yo ur substantially altered or repaired unless a permi�
as provided in SECTIOI3 %Ii (B) hereof is first obt�.ined.
(D) 1. Persons desiring permit for the construction of commercial
advertising signs shall iirst exhibit to the Buildir_g Tnspector
valid title to or le�se upon the lands on which they desire
to erect said sign or signs.
2. All commercial advertising signs must be at least six (6)
feet from any existing or hereafter constructed building.
3. All commercial advertising signs must be at least fi£teen
(15} ieet from any street line and fifty (5Q) feet from any
street intersection.
4� All commeraial advsrtising signs must be so erected that
they will not constituLe a traffic or other hazard or be an
eye-sore,
5. All commercial advertising signs must be erected o� fire-
proof maberials of' such s�rength as to resist a pressv.re of
thirty (30) pounds per square inch.
6. The.advertising area of all commercial advertising signs
shall not bs more than three hundred (300) square feet in ax•ea.
(2) PFsRt�IITS FOR ST�EET AND DIRECTIONAL SIGNS, O�INER IDENTIFICATION SIGNS;
AND POiNT OF Pt1RCHASE SIGNSa
That the City Building Inspector is hereby au�horiz�d to issue perr�its
for tha esection of Street and Directional Signs, Owner ldenti£ication S�.gns,.
and Point oi Furchase Signs under and according to the follow�in,; c4nditions;
Real Estate Signs may be erected wi�hout permi_t! acco�ding to the iollowing speciFi-
ca�iona.
(�) Street and Directional Signs shall not exeeed four (�.) square
feet in area; Real �state Sigr.s shaTl not exeee�. six {6) squ«re
feet in area; and no sign o� any nature or kind whatsoever
sha11 exceed six {6) square feet in area when located in an
R-1 ar R-2 use district; all of the foregoing signa shall be
of a reasonable size and desig�i w€th due regard �o their pur-
pase, propQsed locac.i�sn and the traffic a:�d safety conditiong
exi.sting thereat; anp of the foregoing signs having an area 3n
excess oi the areas hereinbefore aet out shall be cl�ssified
as C�mmercial Advertising Sign� and sha11 be sub�ect to regbz-
lation as suah.
{�} A written applicatinn for each such permit sha11 be f:iled with
the Ciby Buildin� InGpector indicating the size, type and de-
sign of the desirecl sign and its proposed location v�ith parti-
cular z•egard to street and right-oi-way lineso
s
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(C) The Ci�y Building Inspector, with the approval of the City
Manager, may �.ssue permits for signs to b� locabed upon public
property, whese the appl#.cations theref�r comply with the pro�
vi.sions of this Ordinance.
(D) The City Building Inspector shall charge and colleet f'or the
use of the Gity, a reasonable permit fee for all signs, excep�
real esiate sign�, said iees to be in L•he amount which may be,
irom time �o time:, established by the City Commission of the
City of Clearwa�er, Florida, by resolutipn.
�3) LOCATIOI�i OF' SIGNS 1�'9ITHZN OR IJPQN PUIiLIC PROPERTY AND RIGHTS-QF-WAY
PROHI3ITED: EXCEP^lIONS:
(A} That exeept as provided herein, n�s sign shall be located in
or upan any �Ptt, Public Aistrict, as definec3. in the City
Zoning Ordinance, or in any street or railroad right-o�mway.
(B) That this Sec�ioxa shall not prevent any operating railroad
from placi�g traf�ic signs whieh are necessary and proper in
the operation c�f said railroad.
(C) �hat this Ordinance shall not prohibit the srection of
reasonable arzd necessary street and directional signs
by the City of GlearVrater and State and Federal authorities.
(D) That this Ordinance sha11. not prohibit the lacation of street
and directional signs when a permit therefor has besn secured
as hereina�ter �rovided.
(4.j SiGNS AT LOCATI0�;5 WHER.E BUII,DII�TG IS IY PFiOGRESS;
This Urdinance shall not grevent the erectio� oi one sign on
property wh.ere building is actuallg in progress under a current
builcling permit. 7'his sign may be lar�e enough to include the
names oi' persons periorming labor or supplying materials to the
premises, and sach si�n must be remo�cred be�ore the Gextification of
�ecupancy shall be issued.
(5) RE�ti�Og1tI� OF ILI�EGAI, A�?D DETERIORATEII SIGPJS:
Should any sig� exist ia the area Urhere such signs are pro-
hibited by the provisions o� -�his Ordi�nan.ce after the effective
da�e l�ereof, or should any sign deteriorate �a that it'no longer
comp�xes �vith this Qrdinance, the Gity Builf3ing Inspectox is
lzerery authorized and directed to remove such si�n .f�om saad
prohibited area.
SECTIOI� XIIS� CERTIFLC�Th OF OGGUPAk�GY:
No vacant Zand shall be occupied or used, except for agriculture
us�s, and no buildin;s hereaitar erected or s�ructural_lp altered sha�l be
occupied or used until a certificate oi occupancy shall have be�r. issued by the
Building Inspector.
Gertiiicate of Occupanev for a Buildin�: Certificate oi flccupancq
for a neN builcl�.ng or the al�Geration of an existing buildin� shall be appl3ed
fo� coincident with the application fdr a building permit and said certi�icate
sha11 be issued within three days aiter the reque�t for same shall ha�e i�een
made iza writing to the Building Inspector after the erection or a3.�eration c�f
such building or part thexeof, sha11 have been comple�ed in conformity with the
provisions af thes$ regulations. Pending the issuance of a regular certificate,
a�emgorary certificate of occugancy rnag be issued for a period not exceeding
six months c�uring ths completion af alterations or during par�ial occupancy oi a
building pending its completion. Suah tem�orarp certifica�e shall not be can-
strued as in any way altering the respective rights, duties or obligations of
the nwners or of the Cztp re�ating to ths use or ocoupancy af the premises or
any other ma�ter cover�d by •th�s Ordinance, arid such temp�rary certificate
shall not be issued e�cept under such restrictions and provisaons as wili ade-
quate'ly insure the sa�sty of the occupants.
Carti�icate of Occupancv oi Land: Certificate a� occupancg for
the use af vacant 1az�d o� the change in the character of the use of Iand as
herein provided, shal� be applierl for before any such land shall be occupied
or used and a eertificate of occun3ncy 3ha11 be issued, within three {3) daps
af�er th e application has been made provided such wse is in c�nformity �aith the
grovisions o�'these regulatians.
Certificate of Occupancy shall state that �he builc�ing or praposed
use o£ a building or land, complies with all thQ building and�health laws and
ordina�ces and with the pro�•isians of these regulations. A record of all
c�rtificates shall be lcept on file in the office of the Building Inspector and
copies shal'1 be ftxrnished, Qn request, to any persons havir�g a proprietary o�
�enancy interest in the buildin� af£ected.
No permi.t for excavation fox any building shal]. be issued before
appZication has been made for certificate og accupancy.
XIV. PT�ATS:
All applicat3ons �or building permits shall be accompanied by a
drawing ar pla.t, in dupl:icate, showing the lot p1.an, the location of ths building
;
� 9d
�$-
on the lot, accurate dimensions of building and lot and such other information as
m�y be necessary to provide for the enforcement of these re;ulations. A careful
xecord af the original capy oi such applica�ions and piats shall be kept in the
office of the Buil.ding Tnspector and the duplicate copy sha11 be kept at �he
building at all �imas during construction.
XVo ZONINC AND PLANAING BOARD:
1. The Zoning and Planning Board provided ,for in Ctiapter 15671
(No. %1.) Acts of Florida, 1931, and any and all £uture acts, sha11 perform �tie
functions and exercise the authoritp specifically g3.ven thera therein.
2. The Zonzng and Planning Board shall at its first meeting after
its appointmen.t select from its me�bership a Chairman who shall preside at all
mee�ings attended by him; a Vice-Chairman who sha1Z preside in the absence of
the Chairman, and a Secretary �vhn shall take the minutes and keep the records
of all meetings of the Board and pf all actions of the Board.
3. The �oard shall have full rioht and power to adopt rules and
regulations for its governance, fix its regular and special mesting times in
accordance with such rules. A majori�y oi the membership oi the Board attending
any regular neeting or special meeting shall constitute a quortun.
SECTION XVI. ADMIIIISTRATION:
It shall be the duty a.f the City Building Inspector to adm3nister
and ex�£orce the provisions of this �Jrdinance, �he same to be done in conjunction
vrith tY�e building code of the City of Glearwater, In case o£ a confli^t ba-
tween any of the provisions oi'this Ordinance and �hose of the building codem
in a given instance, the �ore restrictive of the two shall govern.
Persons, firms, or corporations desiring to appeal any ruling of the
Building Tr.spector sha11 so notify bhe City �anager of the City of Glearwater
in vrriting within twenty (20) days after such ruling has been made.
SEGTION XjtII. BOaRD OF 1�DJUSTPiLP1T AND APPE9L;
The Gity Coumiissian of �he Cztg o£ Clearvrater shall, £rom axid. after
the passage of this Ordinance, be and i� is hereby declared a Br�ard of Adjust-
raent and Appeal so tha� where there are practical difficulties or unnecessary
har3ships in the way of carryzng ou�t tYie s tri�t Zetter of the provisions oi'
this Ordinance, the Bo�rd oi Adjustment and Appeal shall have gower in speciiic
cases, after due notice, and investiga�ian, to de�ermine and vary any such
provisions in harmonp with the oeneral purpose and intent of th�=Zonzng
OrcLi.nance so that the public health, saf�t-y and genera'! welfar�'�may be secure
and substantiai justice done.
Such Board sha11 hear appeals from the action oi the Building
3nspeetor and determine the rights of the applicant. Appeal to the Boara of
Adjust�Qnt and Appeal may be taken by any person, firm or cos�poration
ag?rieved, prQvided notice thereof, together with grounds thereof, are �'iled
in triplicate, in writing with the City I�danager of the City o� Clearwater
within tVrenty (20) days after such action of the Building Inspector. The City
2�Ianager slxall forWhwith transmit one copg thereof to the G.tt� B�ailding Inspactor
and one capy to tYie said 3aard.
The said �oard shal3 after due notice and wi�hin thirty (3p) days
aiter the �ilixag oi said complai.nt, holci a public hearing thereon and promptly
render its dec�sican.
SECTION XVIII. INTE�iPRETATIdN, PURPOS� AKD CONFLICT:
In interpreting and appl�ring the provisions of this Ordinance, they
shall be held to the minimum requirements ior the promotion of healthy safety,
morals, and oeneral welfare of the community.
It is not intended by this Ordinance to interfere with, abrogate,
or annul any easements, covenants, or other agreements heretofore existing
betwesn partie�; provided, however, tne jurisdic�ion and authoritp of the
City Government of the City of C3�earwater tc� en£orce building and zoning
restrictions shall be confined to the enforeement of the Froviszons of this
Ordinance and neither the City nor any c3epartment or employee thereof shall
in anp wise involve the Czty in the enforczment of any priva.tely created ease-
nients, covenants, restrictions or agresmer�ts be�ween such parties.
S�CTI�IId XIX, REPEf�:
All ordinances or pa�ts of ordinances in conflict herewith or incon-
sistent tivith the provisions or this Ordinance are her�eby repealed.
SECTiON XX. VALIDITY:
Should any section, paragrapY:, sentence, phrase, clause or other part or
provision of this ordinance be d�s;lared by th8 Court tQ ba invalid, the same shall
not affect the validity of the Ordinance as a whole, or any part there��, o'�her
than the part declared to be invalid,
�. . . , ,:� : _„_. ... . ,
G 9/
a��
SECTION XXI. PENALTY:
Any person, or persons, firm or corporatiUn or association of persons,
who shall vialate or f�.il to comply with arzy of the terms or provisians oi this
ordinance shall, upon conviction in the Municipal Cc�ux°t, be fined not exceeding
the euu� of Two Hundred {"�200v00) Dollars, or impris�ned in the City JaiZ for not
e�cseding sixty (60) daysy or by both such fine and imprison�ent in the discretion
of the Municipal Judge. Each day that a vialation is permittec� to exist shall
constitut� a separate offense.
SECTTON XXII. EFFECTZYE DATE:
This Ordiaance shall taYe effect from and after its passage and its
approval by a majority of the qualified electors of the Cit; of Clearwater v�ho aro
freeholders within said Citp voting at a regular or special t�tunicipal Election
called ancl lield in such manner as the City Commission may �eterrni.ne for the purpose
of detErmining whether or nob such Zonin� Ordinance shall go into effect.
PASSED O1V FIRST READING
PASSEA 02� S'�CO1�I3 READING
PASSED OP1 THIRD A1VD 1sIidAL
REALIING AND ADOPTED
Attest,
/s/ H. Go �NGO
City Auditor and Clerk
December 9, 1q�2
December q, 1q52
DQcember 9, 1952
�s� HERBERT P�I. BROiv1I
I�iayor-Commis�ioner
� 92- C�93
DIiDINANCE Np. _ 62$
AN ORDINAIVGE Pd?.OViUING FOR A SPECIAL MUNICIPAT, ELECTTON
fi0 BE HELD IN CONJONCTION WITH THE I2EGUI,AR �LEGT2013 ON
DECEI�36ER ib, A. Do 19�2, SAID SPECTAL ELECTION TO DETER-
MINE 4t7Fi�Tl�ER THE C�TY ZONING ORDI�tANCE BE RGPEAiED AND
A NEWI ZONihIG ORDINArtGE ADOPTFD, AE�'D TO D�T�RMTNE THE
ADOPTION OF THE ZONING NIAP OF TH� Cl2'3C aF CLEARWAT�R,
FI,ORIDA, OF 1�52; T'ROVIDIi�G FQR REGISTRATIQN AND QUAS�I-
FZC.STION OF ELECTORS; PROVIDSNG FOR TH� MANI�ER OF COid-
DUCT OF SAID ELECTION; PRQ9IDING FOR NUTICE OF SAZD
ES�ECTION; PP�OVTDING F'OR DETERMINING THE RLSUiTS QF SATD
E7,ECTIO�T, AND PROViDI�JG FOR THE �FFECTIVE L1ATE OF THIS
ORIIINAPICE .
BE IT ORDAZAiET� �Y THE CIT7i CONiNfIS5IDI�T OF ?kIE �T1`�C OF CI,EARt�ATE13, x`LORIDA:
SECTION Z� That a Special Municipal Elec�a.on shall. be held in the manner herei;n
provided, on �'uesdap, December 16, 1y52, for �he purpose o:£ determining �rhether
or not Ordinance No. 4.55, the City Zoning Ordinance, sha11 be repealed and a new
Gity Zoning Ordinance adopted.
SEGTIOI� II. At said Special I�iunicipal Election, Ordinance N�. b2�, known as
the nCity Zoning Ordinance" shall be submiited to a vote a�d said ordinance
No, b27, voted upon, shall be accepted or rejected as a whole.
SEC�'TON III. On1y qua�.ified elector5 of the City of Clearwater, Florida, who
are freeholders within sai� City of Clearwater, Florida, sha11 be eligible to
vote in sai.d special electio�.
SECTION �Ve All persoxxs sha11 be considered as qualified freeholders in tha
Cit� y oF G'iearwater, Florida, who shall be registered as such according to law,
as evidenced hy the records of the Supervisor. of Regist,ration af Piaellas Caun�y,
Flarida= and as shown on a certifisd list thereof submitted by said Supervisor
f:�fteen days pri.ar to said election, Registration books �'or the purposes bf said
election shalZ be closed thirty daps prior to and inclusive of the election date.
SECTION �'. The list so cer�ified and submitted by the County 5upervisar of R�gis-
tr3tion sha11 be ope� to public 3nspection at the of£ice of the City Auditor and
Clerk �pon receipt of same fram said Supervisor and it shall not be necessary to
atherwise publish the names listed thereon.
SECTION Y_T. At least four days before the date of said e7.ec�ion the City CQmmission
of the City df C��arwater, Florida, shall meet at �he Cztp Hall ior the purpose of
rev�ewing such registratian list and to restore any name ar �ames to such list as
may have been improperlp amitted or stricken therefrom. The registration list so
revzsed axid completzd shall constitu'te the list of voters eligibls ta vote in suoh
election. Notice o� neeting to revise the list shall be given at least one week
before said election by publication one time in a newspaper of general airculation
in the City of Clearv�ater, Floridaa
SEGTI023 9TI. The Citg Cominisszon shal.l cause to be published in a newspaper of
general circulation itt �he City once a week for two consecutive weeks a notice
stating the purpose of the slection, the polling places, and the class of persons
eligible to vote therein, ths �irst pub3.ication to be at least ten days bef'ore the
datz of the election.
SECi'ION YIII. Yotes in such election shall be cast at polls set up in the City
Fire Station ox� Y�or�h Garden Avenue in the City of Glearwater, %'lorida, and the
Clearwater Beach Fire Station on Mandalap Avenus on Clearwater Beach a.n the City
oi Clearwater. The pol].s sha11 open at 7:00 l�t+i Eastern Standard Time and close
at 7:00 Pi'�I Eastern Standard Time on the dag of said eleCtioa.
SEGTION IX. Inspectors and Clerks of the e].ection shall be appointed by the City
Commission except that if tk:e Commission shall .�ail to appoint same at least twa
days before the date Af tho election, the Mayor-Commissioner shall appoint t,�em,
SECTZON X. �he question to be submitted to the voters at said election shall be
wfiether or not Qrdinance No. 627, shall be aceepted or rejected as a whole, Voting
machines sha13 be used and the ballots shall contein the question,
ttDo you favor the adoption of Ordinance No. 627?�t
`l'he election �hall be conducted in accorclance �ri�h the pro^�risions ai Ordinance
I�o. 56'J, and other applicabl� 1aws. True saaaple copies of Ordinance Noe 627,
tagether wzth an accurate copy oP 'PThe Zoning t�1ap �f the City of Cl.earwa�er,
Flora.da, og i952,« mentioned in said. Ordinan�e No. 627t shall be posted at each
polling place, and sai� Orda.nance (less the �oning Map1 shall be published in
full in two separa�e issues of a n�wspaper of general, circulation in Glearwater,
Florida, the first insertion to be at least six days prior to December the 15th,
1952.
, SEGTS013 XT. The sesult of the votittg shali be certified by returns in duplicate
signed by the Cl,erk and a majority of the e�ection inspectors. One copy of such
return sha11 b� de7.ivered ta the Maqor�Commissioner and the other copy to the Citp
Audiuor and Clerk, both of whom shall transr�it such returns to the City Commission
a� a meeta.ng to be he7,d at 12:�0 Noon Eas�ern Standard Time on the day followin�
the elQetion. At such meeting the Gommission shall canvass t2ae �eturns and de��are
the results �f the e]�sction.
�2,
SECTION XII. All things done and accomplished in compla.ance •rrith thia Ordinance
and zn fur�herance of the purposes of this Ordinance, prior tp the effective date
hereo� are hareby ratx£ied and canfirmed as being in coraplianee viith this 9rdinance.
S�CTIOI� X.IiI. This Ordinance shall become effective icumediately up�n its passage.
FASSED ON FIR.S� READING
PASSEI7 ON SECOND READINC
PASS�D ON THIRA AND FINr�L
READIhG AND ADOPTED
Attest:
/s f H. G, t�iNGCI
City Auditor and. C1Er.k
December 9, 1952
December 9, 1952
December 9, 1952
fs� HERBrRT M. BR0�7RI
Mayor-Commi.s si or�er
�