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3231-83 ORDINANCE NO. 3231-83 AN ORDINANCE OF THE CITY OF CLEARWA TER, FLORIDA, AMENDING CHAPTER 131, ZONING, OF TITLE XI, BUILDING AND ZONING REGULATIONS, OF THE CODE OF ORDINANCES, CITY OF CLEARWATER, TO PROVIDE FOR COMMERCIAL PARKING LOTS AS A SPECIAL EXCEPTION USE IN THE CTF-24, CTF-28 AND CG ZONING DISTRICTS; TO PROVIDE A DEFINITION FOR COMMERCIAL PARKING LOT; 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 PRO- VIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, on August 4, 1983, 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 City of Clearwater in =accordance with procedure as established; and WHEREAS, the City Commission has fully considered the recommendations 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 evalution of all evidence presented at the said public hearing; 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 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: Ord. 3231-83 -1- 11-3-83 Section a . That Section 131.006, Definitions, of Article 1, Generally, 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 add a new definition for "Commercial Parking Lot", to be placed between the definitions for "Club, private" and "Congregate care facility", to read as follows: Commercial parking lot: A parking lot for which a fee is charged for parking. Section Z. That Sub-section (h), Special exceptions or uses-- Enumerated, of Section 131.016, Board of Adjustment and Appeal on Zoning, of Article 11, 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 paragraph (20) to read as follows: (20) Commercial parking lots in CTF-24, CTF-28 and CG zones providing: a. Spaces available for rent are not spaces required to satisfy the Code requirements for any other use; b. Spaces available for rent are not overflow spaces for another use situated on the same property unless determined by the Board that the commercial and noncommercial parking lots are complementary and designed to function consistent with their use or purpose; c. Appropriate ingress/egress and sufficient on-site vehicular maneuverability is afforded the property; and d. Appropriate peripheral buffering is provided to maintain compatibility of adjoining land uses. Section 3. That Section 131. 092, Special Exceptions, of Division 13, CTF-24, Commercial-Tourist Facilities Use District, of Article III, District 'Regulations, 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 paragraph (12) to read as follows: (12) Commercial parking lots. Section 4. That Section 131.099, Special Exceptions, of Division 14, CTF-28, High Density Commercial-Tourist Facilities Use District, of Article III, District Regulations, 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 paragraph (12) to read as follows: (12) Commercial parking lots. Section 5. That Section 131. 142, Special Exceptions, of Division 20, CG, General Business District, of Article III, District Regulations, of Chapter 131, Zoning, of Title XI, Building and Z oning Regulations, of the Code of Ordinances, City of Clearwater, be and the same is hereby amended to enact a new paragraph (14) to read as follows: (14) Commercial parking lots. Section 6. 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 I,GCPA and directs that same be forwarded to the LPA for their receipt and appropriate action. Section 7. 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 8. All ordinances or parts of ordinances in conflict herewith to the_extent'of such conflict are hereby repealed. Section 9. 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. -3- Ord, 3231733 13.-3-83 Section 10. The provisions of this ordinance shall take affect immediately upon its passage. October 20, 1983 PASSED ON FIRST READING PASSED ON SECOND AND FINAL -READING AND ADOPTED November 3, 1983 4 mayoor-Cornri?issw x A'?test: , . , City .Clerk £ 3231-83;,' 11•3-83 -4-