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ORDINANCE NO. 2359-81
AN ORDINANCE OF THE CITY OF
CLEARWATER, FLORIDA, AMENDING
SECTION 131.006, DEFINITIONS, OF
CHAPTER 131, ZONING, OF THE CODE OF
ORDINANCES, CITY OF CLEARWATER, TO
PROVIDE A DEFINITION FOR THE TERM
INTERVAL OWNERSHIP/ TIMESHARING
UNIT; TO PROVIDE A CLARIFIED
DEFINITION OF THE TERM HOTELIMOTEL
AND HOTEL/MOTEL UNIT; PROVIDING FOR
THE SEPARABILITY OF THE PROVISIONS
HEREOF; PROVIDING FOR THE REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH; PROVIDING FOR
PROPER NOTICE OF PROPOSED
ENACTMENT; AND PROVIDING FOR THE
EFFECTIVE DATE OF THIS ORDINANCE
WHEREAS, in administering the zoning code, a need has arisen to
supplement the code by providing several new definitions and clarifying several
of the definitions that exist; and
WHEREAS, such revisions have been reviewed by the Planning and Zoning
Board; and
WHEREAS, the Local Government Comprehensive Planning Act (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 with 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 each required referral process;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. That Section 131.006, Definitions, of Article I Generally of
Chapter 131 Zoning of the Code of Ordinances, City of Clearwater, be and the
same is hereby amended to read as follows:
` Sec. 131.006. Definitions.
(a) For the purpose of this chapter certain terms and words
are hereby defined as follows: 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" includes the words "designed or
intended to be occupied;" and the word "shall" is mandatory and
not directory.
Ord 112359-81 . 517181
(b) The following words, terms and phrases are hereby
defined as follows and shall be interpreted as such throughout
this chapter. Terms not herein defined shall have the meaning
customarily assigned to them.
Accessory building: A subordinate building or portion of main
building, the use of which Is incidental to that of the main
building.
Accessory Ws: 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 is used or intended to be
used as a home or long term residence for more than two (2)
families living independently of each other in separate quarters,
including cooking facilities.
Area, building: The total area taken on a horizontal plane at
the average ground elevation of the principal building and all
accessory buildings exclusive of uncovered porches, terraces
and steps.
Automobile wrecking: The dismantling, storage, sale or
dumping of used motor vehicles, not in running condition, or
parts thereof.
Basement: A story partly or wholly underground. For purposes
of height measurement a basement shall be counted as a story
when more than one-half of its height is above the average
ground elevation or when subdivided and used for commercial
activities or dwelling purposes by other than a janitor employed
on the premises.
Boardinghouse: A building other than hotel where meals and
lodging are provided for compensation and for a totai of five (5)
to nineteen (19) boarders.
Buildable area of a lot: That portion of a lot bounded by the
required rear and side yards and the building setback line.
Building: Any structure with roof intended for shelter, housing
or enclosure of persons, animals or chattel. Does not include
swimming pool or swimming pool enclosure without roof.
Building, main or principal: A building in which is conducted
the principal use of the lot on which it Is situated. In any
residential district any dwelling shall be deemed to be a main
building on the lot on which it is situated.
Club, private: An organization catering exclusively to members
and their guests, or premises and buildings for recreational or
athletic purposes which ore not conducted primarily for gain,
providing that any vending stands, merchandising or commercial
activities are conducted only as required generally for the
membership of such club.
Core central business district (CBD): That area between Drew
Street on the north and Chestnut Street on the south, and
between Myrtle Avenue on the east and Clearwater Harbor on
the west.
Court: Means an open, uncovered, unoccupied space on the
some lot with a building.
(1) Outer court: Means a court other than a yard having
at least one side thereof opening onto a street, alley or
yard or other permanent open space.
2
Ord #235981 5/7/81
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t. ^!:A ``b i<''s .:i 3F':. ":y« ;.f.r. .`.Jia1. i??r F'.r' a?9;'• .5' L;; •.r..dS .3 Hi.7
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(2) Inner court: Means any court other than an outer
court or yard.
Day nurseries, private: Any place, home or institution which
received six (6) or more young children, conducted for
cultivating the normal aptitude for exercise, play, observation,
imitation and construction.
Density: Term used in computation of net or gross density as
the number of units located on a net or gross acre, whichever
applies.
Design capacity: The maximum number of persons which can
be accommodated at any one time with a reasonable degree of
comfort, safety and convenience.
District: Any section of the city for which the regulations
governing the use of land and the use, density, bulk, height and
coverage of buildings and other structures are uniform.
Dormitory: A lodging house or rooming house for twenty (20) or
more students which may or may not provide dining room for
occupants.
Dwelling, one family: A detached building designed for or
occupied exclusively by one family; no portion of which building
interior, including any complete kitchen, shall be so designed,
arranged or closed off so as to eliminate access thereto or exit
therefrom. As used herein, a complete kitchen is one which
contains a cooking unit such as a range, stove, oven, microwave
oven or similar device, a refrigeration unit and a sink either
together as a unit or as separate component parts.
Dwelling, two families: A detached, semi-attached building or
part of a building designed for or occupied exclusively by two
(2) families, commonly called a "duplex." A single-family house
or dwelling becomes a "duplex" when the building interior,
Including any complete kitchen, shall be so designed, arranged
or closed off so as to eliminate access thereto or exit
therefrom. A complete kitchen is one which contains a cooking
unit such as a range, stove, oven, microwave oven or similar
device, a refrigeration unit and a sink either together as (3 unit
or as separate component parts.
Dwelling, three families: A detached or semi-ottached building
designed for or occupied exclusively by three (3) families,
commonly called a "triplex".
Dwelling, multiple: A building or pportion thereof used or
designed as a residence for three i3) or more familis, or
households living independently of each other.
.j I
(l) Townhouse structure: A multi-family structure
constructed in such manner so that it will be separated
into individual single family units located each on its own
plot of land with individual title to each separate plot of
land and the structure built thereon and appurtenant
thereto. This type of structure contemplates a possible
common partition wall between units but with each unit
having Its own separate public access with its own means
of ingress and egress for pedestrian and vehicular traffic
and utility services.
(2) Townhouse structure, site development plan: A scaled
drawing from accurate survey indicating structural
location, public right-of-way dedication, access and
easements serving each unit of the townhouse structure,
areas to be paved, driveway usage, individual off-street
parking, utility service areas, fences and sidewalks,
location of entrances to Individual units, general existing
and proposed drainage pattern on proposed site.
3
Ord #2359-fit
s/7/fib.
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(3) Townhouse subdivision plan: A plot for a townhouse
structure prepared for recording purposes In accordance
with subdivision regulations.
Dwelling .Unit:.... A building or portion thereof providin
independent living faci ties or one family including provision
for living, slee in an complete kitchen facilities. As used
herein a complete kitchen is one which contains a cooking unit
such as a ran a stove oven microwave oven or similar device
a refrigeration unit and a sink, either together as a unit or as
separate component parts.
Efficiency apartment: A household unit or separate living
quarters used or intended to be used as a home or long-term
residence, including a stand-in, built-in or other kitchen type,
with cooking facilities and without a separate sleeping area or
bedroom.
Emergency shelter: A structure- or portion of a structure,
above or below the ground, so constructed as to provide
emergency shelter from the hazards of storm or destructive
forces of enemy attack.
Family: One or more persons (commonly identified by society
as a "family") occupying a premises, living as a single
housekeeping unit and doing their cooking on the premises.
Floor area ratio: The total floor area of the building or
buildings on a lot, divided by the area of the lot. The total
floor area for this purpose is the total horizontal area of the
several floors of all buildings on the lot, but shall not include
exterior unenclosed private terraces, balconies, breezeways or
porches, or covered or enclosed parking areas.
Front of lot: The front of any lot is that which faces any street
right-of-way. For the purpose of determining setbacks, all
sides of a lot having frontage on street right-of-way shall'
maintain front setbacks. In any case only one rear setback shall
be required and shall be the side opposite that designated as the
front for the building.
Garage apartment: An accessory building with storage capacity
for not more than four (4) self-propelled vehicles and "trailers"
attachable thereto, the second floor or other portion of the
building being designed as a residence for not more than one
family.
Garage, 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.
Garage, repair: A building in which are provided facilities for
the care, servicing, repair of equipping of motor vehicles.
Garage, storage: Any premises except those described as a
private or public garage used exclusively for the storage of
self-propelled vehicles and "trailers" attachable thereto.
Gasoline service station: Any area of land, Including structures
thereon, that is used for the retail sale of gasoline or oil but not
butane or propane fuels, or automobile accessories, and
incidental services including facilities for lubricating,
handwashing and cleaning, or otherwise servicing automobiles,
but not including painting, major repair or automatic washing.
Grade: With reference to determining a building height means
the average of the average grades of the land adjacent to all
exterior structural walls of the building.
4
Ord #2359-81 5/7/81
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0 a
Gross land area: That area, either in square feet or acreage,
within a contiguous parcel of ownership inclusive of existing or
proposed public and private roadways, rights-of-way and
easements of access.
Height: As applied to a building, means the vertical distance
from the building grade to the highest finished roof surface in
the case of a building with a flat roof, or the vertical distance
from the building grade to a point at the median height of the
roof of a building having a pitched roof.
Heliport: An area, located at ground level or elevated on a
structure, used by a helicopter or any similar motor vehicle or
contrivance for vertical flight now known or hereafter invented
for landing and takeoff and shall include support facilities
necessary for such craft, including but not limited to parking
areas, waiting room facilities, storage areas and fuel and
maintenance facilities.
Helistop: Shall mean a heliport located at ground level or
elevated on a structure for the landing and takeoff of a
helicopter or any similar motor vehicle or contrivance for
vertical flight now known or hereafter invented, excluding
therefrom all support and maintenance facilities.
Home occupation: Any customary occupation incidental to
residential use, when carried on by a member of the immediate
family, residing on the premises, in connection with which there
is used no sign other than a nameplate not more than one
hundred fifty (150) square inches in area, or no display that will
Indicate from the exterior that the building is being utilized in
part for any purpose other than that of a dwelling; there is no
commodity sold upon the premises; no person is employed other
than a member of the immediate family residing on the
premises; and no mechanical equipment is used except of a type
that is similar in character to that normally used for purely
domestic or household purposes.
Wetels -A >3w*14flg er-d4Rar-4y eeedpied as the *errpffar-y abode
of 4R&Yldwals wk3e are lodged w4h of w4hebt meeift and lA
wk}ieb tkier-e ei:e twenty (29) ex rner-e sleepleg r-Wrsr usde4y
eeeapied slegkyr and no pF-ey4ien is made for- eeaking 4n any
4nd+Yi•daai• r-eern or- epar4rnen4
rent in a hotel or motel. without provision for complete kitchen
taCIRTies. As usea nerein a complete kitchen is one which
contains a coo inq unit such as a stove. oven. microwave oven
or simiiar crevice, a retriaeration unit and a sink. either
eaun
iv^?M al
two
5
Ord #2359-81 5/7/81
Hotel/Motel Unit: An individual sleepina room available for
0 0
Junk and/or salvage yards: Any parcel of land or building for
which the principal or accessary use is the abandonment,
collection, demolition, dismantling, keeping, storing, bailing,
salvaging or sale of used, discarded, wornout or scrapped,
machinery, parts of machinery, vehicles, vehicle parts, scrap
metal, chains, used pipes, waste paper, rags, enamelware,
furniture, bottles, cans, rope, iron, copper or other scrap or
discarded materials.
Lodging house or rooming house: An establishment (other than
a hate4 msk4 hotel/mo_iel3 hotel mote! unit, apartment house,
duplex or triplex) where lodging is provided for compensation,
on a weekly or longer basis; other than in dwelling units; for
from five (5) to nineteen (I g) persons.
For lodging with meals, see "Boardinghouse."
For lodging for twenty (20) or more, see "Dormitory" or
"Hotel."
Lot: A parcel of 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 officially approved place. One or
more lots or a lot and a contiguous portion of a lot under one
ownership shall be considered as one building lot; in such case
the outside line may be considered as one lot line.
Lot coverage: The area of the lot, which when viewed directly
from above, would be covered by all principal and accessory
buildings and structures. Any portion of a principal or accessory
building, or any terrace, balcony, breezeway, porch or portions
thereof, not included as floor area of a building, by definition,
shall not be included in computing lot coverage.
Medical facilities:
(1) Convalescent, rest or nursing home: A health facility
where persons are housed and furnished with meals and
continuing nursing care for compensation.
(2) Dental clinic or medical clinic: A facility for the
examination and treatment of ill and afflicted human out-
patients provided, however, that patients are not kept
overnight except under emergency conditions.
(3) Dental office or doctors office: Some as Dental or
medical clinic.
(4) Hospital: An institution providing health services
primarily for human in-patient medical or surgical care
for the sick or injured and including related facilities such
as laboratories, out-patient departments, training
facilities, central services facilities, and staff offices
which are an integral part of the facilities.
(5) Sanitarium or sanitarium: An Institution' providing health
facilities for In-patient medical treatment or treatment
and recuperation using natural theroputic agents.
Mobile home: A vehicular portable structure assembled at the
factory as a complete living unit on a chassis and designed to be
used without a permanent foundation as a dwelling to be
connected to required utilities.
Mobile home park: Any area, tract, site or plot of land not less
than ten (10) acres in area whereupon mobile homes as herein
defined are placed, located or maintained, or intended to be
placed, located or maintained, and shall Include all accessory
buildings used or intended to be used as part of the equipment
thereof.
6
Ord 12359-81 5J7J81
0 0
Mobile hcxne space: A plot of ground within a mobile home
park which is designed for and designated as the locution for
only one automobile and one mobile home and not used for any
other purposes whatsoever other than the customary accessory
use thereof.
Mobile home: A model home Is a residence structure, occupied
or unn-cupled, regardless of location or ownership, used by any
person, firm or corporation as a model, plan or example for the
construction of or the sale of the some or similar building at any
other location.
Metelt A bdi-ldinq erdlnerlly eeedpled as the temporary abode
at lndlviddets or €areilles Whe are lodged wl;i: or. without meal r
end 4n which there are more thaR two (2) separate sleeping
reerns or apartments in which sleeping aeeemmodatieRS are
offer-ad p4mer-4y for. rental w4h dolly ebarge.
Meter YnW A metal toR4 shell eaRsist of living eeeemmedetaess
for rental Within a strdatwre reeogn4ed as a motel lei the
eernrndntty and by the lndestryT as registered by the hotel end
restaurant eernrnissi an,
Net acre: That gross land area in acres less existing or
proposed public and private roadways, rights-of-way, and
easements of access.
Nonconforming 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.
Notice: Where notice is required by this chapter to be given, it
may be given actually or by deposit of written notice in the
mail to the last known address of the person required to be
notified, or by advertising in any daily newspaper regularly
published in the city for two (2) consecutive publication days.
(1) Notice for rezoning and for zoning with annexation:
Notice of public hearing shall be at least fifteen (IS) days
but not more than thirty (30) days in advance of the
hearing'.
(2) Notice for appeals to the board of adjustment and appeal
on zoning involving variances and special exceptions;
Notice of public hearing shall be at least one week in
advance of hearing.
Noxious matter: Material (in gaseous, liquid, solid, particulate,
or any other form) which is capable of causing injury to living
organisms by chemical reaction or is capable of causing
detrimental effects upon the social, economic or psychological
well-being of individuals.
Parking lot: An off-street facility including parking spaces
along with adequate provision for drives and aisles for
maneuvering and giving access, and for entrance and exit, all
laid out in a way to be usable for the parking of more than four
(4) automobiles.
Parking space: An off-street space available for the parking of
one motor vehicle and having an area of not less than two
hundred eighty (280) square feet inclusive of passageways and
driveways appurtenant thereto, and giving access to a street or
alley.
Person: Shall include corporate and other legal entities, their
officers, representatives, and agents.
Place: An open unoccupied space of not less than thirty (30)
feet wide, permanently reserved for purposes of access to
abutting property.
7
Ord #2359-81 5/7/81
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k'i??'. ? ?.v. ?4,. x'wi .,.. `•Z.' f. ? _. .. a"f ::'E •dF. _ . :jfF.. .. ?'::" ._. ??i _. _ ^ ?F:. 1 _ .. ,t_ir,k:._?<•.L
Mobile home space: A plot of ground within a mobile home
park which is designed for and designated as the location for
only one automobile and one mobile home and not used for any
other purposes whatsoever other than the customary accessory
use thereof.
Mobile home: A model home is a residence structure, occupied
or unoccupied, regardless of location or ownership, used by any
person, firm or corporation as a model, plan or example for the
construction of or the sale of the same or similar building at any
other location.
Me" A bviidieg eFdlRer44y eeedpied es the tempereFy abode
of iRdividweis or- feranif+es whe ewe (edged w4h eF without meei
eRd sin whieb there are rrere then twe ('2) separate sfeeping
reams eF epeFtrneRt9 in wh4eh sleepiRg oeeernmedatiens ere
offered pFkner-4y fer- FeRtef w4h do4y ebarge.
Metes vFri#f A metes YR4 sheii eoR&kt of 4Yv Rg eeeemrnedetiens
for- rental within a str-WOVFe Feaegniaed es a reotei iR the
eemrnUR4Y and by the industr-yr es Fegis#er-ed by the hetei aid
restevreRt eernm4ssienr
Net acre: That gross land area in acres less existing or
proposed public and private roadways, rights-of-way, and
easements of access.
Nonconforming 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.
Notice: Where notice is required by this chapter to be given, it
may be given actually or by deposit of written notice in the
mail to the last known address of the person required to be
notified, or by advertising in any daily newspaper regularly
published in the city for two (2) consecutive publication days.
(1) Notice for rezoning and for zoning with annexation:
Notice of public hearing shall be at least fifteen (15) days
but not more than thirty (30) days in advance of the
hearing:
(2) Notice for appeals to the board of adjustment and appeal
on zoning involving variances and special exceptions:
Notice of public hearing shall be at least one week in
advance of hearing.
Noxious matter: Material (in gaseous, liquid, solid, particulate,
or any other form) which is capable of causing injury to living
organisms by chemical reaction or is capable of causing
detrimental effects upon the social, economic or psychological
well-being of individuals.
Parking lot: An off-street facility including parking spaces
along with adequate provision for drives and aisles for
maneuvering and giving access, and for entrance and exit, all
laid out in a way to be usable for the parking of more than four
(4) automobiles.
Parking space: An off-street space available for the parking of
one motor vehicle and having an area of not less than two
hundred eighty (280) square feet inclusive of passageways and
driveways appurtenant thereto, and giving access to a street or
alley.
Person: Shall include corporate and other legal entities, their
officers, representatives, and agents.
it Place: An open unoccupied space of not less than thirty (30)
feet wide, permanently reserved for purposes of access to
abutting property.
Ord 02359-81 r,/7/Al
Plat: A map, plan or layout indicating the location and
boundaries of individual properties.
Prefabricated structure: A structure of prefabricated
construction, assembled by unit on the site, Is not registered as
a mobile home but is assessed and taxed totally as real
property.
Principal use: The specific primary purpose for which land or a
building is used.
Public uses: Public parks, schools and administrative, cultural
and service buildings.
Required setback: A distance required to obtain the minimum
front, side and rear yards required in this chapter.
Residential planned development (RDP), commercial planned
development (CPD), manufacturing planned development (MPD):
A special designated area requiring an approved master plan
before development in total and/or in phase thereof.
Sales yard: Area or yard intended for the display of vehicles,
equipment or products for sales purposes. Does not include
loading zone or area used for transfer of supplies.
Shopping center: A group of commercial establishments,
planned, developed, owned and managed as a unit, with off-
street parking provided on the property, and related in its
location, size and type of shops to the trade area which the unit
serves.
Storage yard: Area'or yard intended for the storage of work
vehicles, products or equipment, usable supplies or materials
for building and/or operation of a business. Does not include
parking area for clientele or daily use of staff or employees.
Story: That portion of a building included between the surface
of any floor and the surface of the floor next above it, or if
there be 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 of which on at least two (2) opposite exterior walls are
not more than two (2) feet above the floor of such story.
Street: A permanent right-of-way or thoroughfare not less than
thirty (30) feet wide.
Structure: Anything constructed or erected, the use of which
ordinarily requires permanent location on the ground or
attached to something having a permanent location on the
ground.
Trailer, travel or camping (also camper trailers or trucks): A
portable or mobile living unit used for temporary human
occupancy away from the place of residence of the occupants
and not constituting., the principal place of residence of the
occupants. See section 131.207 for greater definition.
Usable open space: That part of the total lot area devoted to
outdoor living, recreation, but does not include private
roadways, or off-si reet parking space, or loading space, or
submerged lands.
Use: The specific purpose for which land or a building is
designed, arranged, intended or for which it is or may be
occupied or maintained. The term "permitted use" or its
equivalent shall not be deemed to Include any nonconforming
use.
8
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9? ?:"• Fsis'.`i;.?i.?`s`?' v? ?,?t?.r^?;,i;ip?"i;,f>"?i???.''e:; 'ray'?it.i:'.7'?"'>:+,wj>' -?F:.i: ?;t?,??f..?:rli.:t,ES'-.ti=' '7?'t=`e'. .sig. ,?{, ..tip
.E?o?.?-?Y.r>"?.__.,,.6s?:?a'?M?.??r.?.,.?_„_.5.?,.,.,..C..,.:ir`t..G._....,.tz.ra,?.. ?'..,,. ,?..,,,?,..,,,...._t.s _.,.?. 5 «._.? ?:•?
Yard: An open space on the some lot with a building,
unoccupied and unobstructed from the ground upward, except as
otherwise provided in this chapter.
=Yard, front: The minimum horizontal distance between the
street line and the front line of the building extending across the
full width of the lot or any projection thereof excluding steps
and unenclosed porches.
Yard, rear: A yard, unoccupied except by an accessary building
as hereinafter permitted, extending across the full width of the
lot between the rear line of the building and the rear lot line.
Yard, side; A yard, between the building and the side line of
the lot and extending from the front yard to the rear yard.
(Code 1962, App. A, Art. II)
Section 2. The City of Clearwater does hereby certify that the measures
contained in this ordinance are consistent and in conformance with the City's
Comprehensive Plan and individual elements thereof adopted pursuant to the
LGCPA and directs that some be forwarded to the LPA for fheir receipt and
appropriate action.
Section 3. Should any part or provision of this ordinance be declared by a
court of competent jurisdiction to be invalids the some 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 are to
the extent of such conflict hereby repealed.
Section S. 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.
Section 6. The Planning Director is directed to include and set out and
show upon the official zoning atlas of the City of Clearwater the foregoing
amendments as hereinabove set out.
Section 7. The provisions of this ordinance shall take effect immediately
upon its passage.
PASSED ON FIRST READING April 2, 1981
PASSED ON SECOND AND FINAL
READING AND ADOPTED Ma 7, 1981
ATTEST:
046e.-s,
mmissioner
City Clerk
9
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4
Ord #2359-81 5/7]81