2595-82
ORDINANCE NO. 2595-82
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING CHAPTER 133, BUILDING CODE, OF TITLE XI,
BUILDING AND ZONING REGULATIONS, OF THE CODE OF
ORDINANCES, CITY OF CLEARWATER, TO CLARIFY THE
TEMPORARY WAIVER REQUIREMENT THAT THERE BE
NO SIDEWALK WITHIN TWO HUNDRED FEET OF THE
PROPERTY BEING DEVELOPED; PROVIDING FOR THE
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH; PROVIDING FOR THE SEPA-
RABILITY OF THE PROVISIONS HEREOF; PROVIDING
FOR PROPER NOTICE OF PROPOSED ENACTMENT;
AND PROVIDING FOR THE EFFECTIVE DATE OF THIS
ORDINANCE.
WHEREAS, the current sidewalk construction code contains a
temporary waiver provision where the property being developed does not contain
another sidewalk within two hundred (200) feet; and
WHEREAS, such temporary waiver provision needs clarification
as to its scope;
NOW, THEREFORE, BE IT.ORDAINED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. That subparagraph (e) of Section 133.09, Sidewalk
requirement for all new construction and major alterations or additions, of
Chapter 133, Building Code, of Title XI, Building and Zoning Regulations, of
the Code of Ordinances, City of Clearwater, be and the same is hereby amended
to read as follows:
(e) Temporary waiver of requirement by the city
manager. Upon appeal by an affected property
owner, the city manager shall have power to grant
a temporary waiver of the installation requirement
imposed by this section:
(1) Where, following a hearing and inspection of
the property, the city manager has determined
that natural topographical conditions, existing
ditches, tree location, inadequate right-of-way,
or other similar physical conditions peculiar to
the premises, exist, such as would prevent
construction of the sidewalk; or where the property
owner can demonstrate that he would have the only
sidewalk within two hundred (200) feet of his propertyr
on the streets which- th_e_progeer abuts, that such aid. -
walk would not form a part of a route leading to a
school, or public park, and that the absence of a sidewalk
would not create a pedestrian hazard by reason of
the proximity of the property to motor vehicle traffic.
Ordinance 2595-82
SEE ORDINANCE .ti
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(2) Following the hearing and inspection of the property
provided for herein, the city manager shall cause written
findings with respect to whether or not the installation
requirement should be waived to be served upon the affected
property owner by mailing a copy of such finding by certified
mail to the address provided by the property owner.
(3) The affected property owner may within ten (10) days following
receipt of: the findings provided for herein, where the temporary
waiver has been denied, make, demand in writing for an appeal
to the city commission. This appeal will be limited to the
question relating to whether or not any of the conditions
described in subsection (e) (1) exist such as would prevent
installation of the sidewalk.
(4) Temporary waiver-of requirement by the city commission.
Upon appeal by the property owner to the city commission
of the city manager's decision not to grant a temporary
waiver, the city commission, after determining that
conditions exist in conformance with subsection (e) (1)
may grant a temporary waiver with an affirmative vote of
four (4) commissioners.
" Any person granted a temporary waiver in the manner
provided herein shall have returned to him any money
deposited pursuant to subsection (d).
(5) The grant of the temporary waiver provided for in this section
shall not be construed or applied to deprive the City of
Clearwater of the right to construct such sidewalk pursuant
to an assessment procedure.
Section 2. All ordinances or parts of ordinances in conflict herewith
or inconsistent with the provisions of this ordinance are hereby repealed
to the extent of their conflict.
Section 3. Should any section, paragraph, sentence, phrase,
clause, or other part or provision of this ordinance be declared by any
court to by 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. 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 S. The provisions of this ordinance shall take effect
immediately upon its passage,.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Attest:
City Clerk t.?
1
Ordinance 2595-82
January 21, 1982
February 4, 1982
ayor-Commissioner
2/4/82