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ORDINANCE NO. 3649-84
AN ORDINANCE OF THE CITY OF CLEARWATCR, FLORIDA,
AMENDING CHAPTER 131, ZONING, OF TITLE XI, BUILDING
AND ZONING REGULATIONS, OF THE CODE OF ORDINANCES,
CITY OF CLEARWATER, TO PROVIDE CRITERIA GOVERNING
THE TEMPORARY DISPLAY OF ANIMALS; PROVIDING FOR
THE SEPARABILITY OF THE PROVISIONS HEREOF,- PROVIDING
FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINAkES
IN CONFLICT HEREWITH; PROVIDING FOR PROPER NOTICt
OF PROPOSED ENACTMENT; AND PROVIDING FOR THE
EFFECTIVE DATE OF THIS ORDINANCE.
February 7, 1985
WHEREAS, on , the City Commission of
the City',of Clearwater, after proper public notice, held a public
hearing on certain proposed changes to the Zoning Ordinance of the
Citv of Clearwater in accordance with procedure as established; and
WHEREAS, the City Commission has fully considered the recom-
mendations and report of the Planning and Zoning Board relative
to the certain proposed changes to the Zoning Ordinance; and
WHEREAS, certain of the proposed changes and amendments to the
Zoning Ordinance were approved by the City Commission after, its
evaluation of all evidence presented at the said public hearing;
and
WHEREAS, the Local Government Comprehensive Planning Act
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(LGCPA) requires that all development regulations and amendments
thereto related to an adopted comprehensive plan or element thereof
be reviewed by the Local Planning Agency (LPA) for conformance wieh
plans adopted pursuant to the LGCPA; and
WHEREAS, the Pinellas County Planning Council (PCPC) has been
designated the Local Planning Agency for Pinellas County and the
PCPC has adopted guidelines with reference to such required referral
process; and
WHEREAS, this Ordinance has been referred to and considered by
the PCPC under said process;
NOW, THEREFORE, BE IT ORDAINED BY THE, CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. That Section 131.20555, Temporary retail sales and
displays, of Division'27, Supplementary Regulations, of Article II,
Administration and Enforcement, of Chapter 131, Zoning, of Title
XI, Building and Zoning Regulations, of the Code of Ordinances,
City of Clearwater, be and the same is hereby amended to enact a
new subparagraph (d) and reletter the present subparagraph (d)
as (e), to read as follows:
-1- 2/21/85
Ord. 3849-84
?..
Sec. 131.20555. Temporary retail sales and displays.
(d) The tem ornr display of nnimnls whethrr
as n art of a carnival as an accessory.
ndvartisin dev ce or ns an independent
retail use shall be governed by the provisions
of this sect on notwi.thstandi.n ara other
provision to the contrary.
In addition to the criteria not forth in subsect
(c) above, the c_ity_manager shall -consider -_the following
factors regarding an application for the temporary
display of animals:
Health and safety, specifically includinS, but
not limited to, a statement from the Department
of Health assessing the impact of the proposed use;
(2) Whether the applicant has provided for that
removal of wastesi and
131 Whether odors or noises emanating from the
oronosed use would be offensive to nearbv
i
property owners. such a use snail be consiaerea
to be offensive when it is located closer than
five hundred feet (5001) to the nearest residential
use.
4d4 (e) Appeals. Any party in interest aggrieved by a
decision of the city manager authorized under this
section may appeal such decision to the board of
adjustment and appeal on zoning.
Section 2. The City of Clearwater does hereby certify that
the measures contained in this ordinance are consistent and in con-
formance with the City's Comprehensive Plan and individual elements
thereof adopted pursuant oo the LGCPA and directs that same be
forwarded to the LPA for their receipt and appropriate action.
Section 3. Should any part or provision of this ordinance be
declared by a court of competent jurisdiction to be invalid, the
same shall not affect the validity of the ordinance as a whole, or
any part thereof other than the part declared to be invalid.
Section 4. All ordinances or parts of ordinances in conflict
herewith to the extent of such conflict are hereby repealed.
Section 5. Notice of the proposed enactment of this ordinance:
has been properly advertised in a newspaper of general circulation
in accordance with Section 166.041, Florida Statutes.
_Z_
FOR AFFID"IT SEE:
ORD. 3EA
Ord. 3849-.&
2/21/86
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Section 5., The provisions of this ordinance shall take effect
.immediately upon its passage,
PASSED ON FIRST READING February 7, 1985
PASSED ON SECOND AND FINAL
READING AND ADOPTED February 21, 1985
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Attest:
i
City Clerk' • ,
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,309 B
1x+d•ry
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