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3306-83+'=''k '"k?•`,e? s',l ?°'''3'??#q?;?kY.?T??'f"`?,". ?"r?p;?"?a .•. iarr..»y.,,,,11?? ?r?, , a p?y,,.? ?l ,? ?. ' S.>i ? ?; ! ,3 ?' i .:"F'?'h? ..??`°d•?S'.a4 F'?'` 1t14;-p,"?k ? S?'X`+4'e'?`R^:.1'i."'+?1 . is ? E . '???,"•' . ,4 . S ?'? :4,';. : c+, ?r?:...:=y',a.s'S??a?.r,?.:..?''<? ..,.. `•s,. .. %s ?t`..?,4:;'.4'_- ?.i'.?._. _. .z.,v ,c„ixi ,? ? .: ,i :??,'% _...r•i l''., t,.. ., _..,s?.. 'r?', ._ _. ..... r'.i ra.rfi ?.9! u y,?s ? t ORDINANCE NO. 3306-93 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING CHAPTER 131, ZONING, OF TITLE XI, BUILDING AND ZONING REGULATIONS, OF THE CODE OF ORDINANCES, CITY OF CLEARWATER, TO PROVIDE FOR THE TERMINATION OF PROHIBITED USES IN T14E DOWNTOWN DEVELOPMENT DISTRICT; 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, on November 3, 1993, 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 1 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 (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 x e£erred to and considered by the PCPC under said process; NOW,. 'THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: -1- 12-8-83 i.4i 7R v r.k • • "17 ?r •`x.M, yR'"'ri'g?! =°P%a"?,+4:?.:+? y.r _ _ P.. !?.- r. Wn?'t`?VSiz'?''`„:;ibu'r"a,regq„"e+'7'r'<" l?.w •'?`y+±3 ..,;dl,iANL:,?•3?;ssAM 7}n..a?,;+4y,4 5x'.S?'+?f<'!';it5a?°y.?y.be:;'s?P'. ':wy';?.+ ..:;.,k.?f'[:. V :?„A c.i'i.r:'1? : ? ?. ?,Y y: t:'.:,. ?y • •,. .?? ??.`,,?f.,G.k?A??..A..',A f:?`:..,S??c?T?y?,'1"A?it.ry??a'•: ,,A?{? `:w??',? 5•"3? a?'? it. y.,:' u+'?-?'':<;•,t.., ,?? :.'Fs1T 3?l,?, ?.?,t 'r?' "ws ?r ?kc;1'? ,s. t f. r Y? Section 1. That subparagraph (d) of Section 131. 150, Permitted Uses, of Division 21, DD, Downtown Development District, of Article III, District (d) All uses or combination of uses inconsistent with the performance standards of section 131.203 and such other uses as-are,determined to be inconsistent and incompatible with the expressed purpose and intent of this district and the downtown plan shall be prohibited. Specifically, the following uses are deemed to be inconsistent with the purposes of the downtown plan and the Downtown Development District, contrary to the public health, safety, welfare and morals of the community and are hereby expressly prohibited: (1) Blood plasma centers; (2) Facilities and operations precluded by chapters 75 and R2 of the Code of Ordinances; and Regulations, of Chapter 131, Zoning, of Title XI, Building and Zoning Regulations, of the Code of Ordinances, City of Clearwater, be and the same if; hereby amended to read as follows: (3) Such other adult or erotic activities or businesses as prohibited by state statute. Further, _ such expressly prohibited users are found to be sufficiently inconsistent with the objectives of and abili!y to carry out the Downtown Redevelopment Plan and are so contra to the public health`safety, welfare and morals of the downtown communityP that such uses shall be terminated upon expiration of their current leasehold, rental, contractual authorization or similar temporary interest in effect on November ~15 1983. No renewal, option, rextension, alteration or other act deslKned to extend the current basis under which such uses occu the remises in which the are located shall be allowed. Section Z. 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 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. _Z_ Ord. 330&-83 12-8-83 i 1 z Sectioon, 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'.441, Florida Statutes. Section 6. The provisions'of this ordinance shall take effect immediately upon its passage. PASSED ON FIRST READING November 17, 1983 PASSED ON SECOND AND FINAL December B, 1883 "' . 'READING AND ADOPTED Mayor-Commiss oner " A test: . ?' ` . - `. tea.;. ? .?.Q?-+?""? • ' - . , .. - . .City. Clerk ; .. i? . r>is 't• ;.d.J1 b'', .,' • .. . 4 .. 4 -'a rf °+t i1• •ii`S ',r ttri f.' di Y a. D .` S ,•?a., l; P.>. :; t;iF ? ? ;.5 NY 'kS.• ?1" S:_ ?,,. P`.' .. - 3306-83..... 124-83