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' ORDINANCE NO. 3662-84
` AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
-;
a AMENDING CHAPTER 131, ZONING, OF TITLE XI, BUILDING
r AND,ZONING REGULATIONS+ OF THE CODE OF ORDINANCES,
'
CITY
OF CLEARWATER, TO CLARIFY DEFINITION OF
' COMMERCIAL RECREATION AND TO DEFINE COMMERCIAL
WATER RECREATION; TO PROVIDE THAT COMMERCIAL WATER
RECREATION USES WOULD BE SPECIAL EXCEPTION USES
IN THE CTF-24 AND CTF-28 ZONING DISTRICTS APPROVABLE
' BY THE BOARD OF ADJUSTMENT AND APPEAL ON ZONING
AND SUBJECT TO REVIEW BY THE HARBORMASTER PRIOR TO
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REVIEW BY SUCH BOARD; PROVIDING FOR THE SEPARABILITY
OF THE PROVISIONS HEREOF; PROVIDING FOR THE REPEAL
1 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 June 21, 1984, 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
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 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:
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SEE ORDINANCE
Ord. 3662-84 8-2-84 h, a-`
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Section 1. That Section 131.006, Definitions, of Article I,
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 new definitions for "Commercial
recreation" and "Commercial water recreation", to be placed between
the definitions for "Commercial parking lot" and "Congregate care
facility", to read as follows:
Commercial recreation: A place of business located
on a lot and open to the ublic where customers a
the operator of the business for the use of recreational
equipment located on the lot. As used herein, recreational
equipment shall include video games, ool tables miniature
golf courses swimmin pools and inball machines.
Commercial water recreation: A use on inatin from land
frontin either on a body of fresh water or a body of salt
water wherein the landowner, aparticipants or equipment
cross or come in contact with such land. Included within
such use are charter boats addleboats motor boats
canoes rafts floats excursion boats fishing boats,
boat rentals et skiing_, water skiing, board sailing
and_para sailing.
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Section 2. That subparagraph (g), Special exceptions or uses---
considerations, of Section 131.016, , Board of Adjustment and Appeal
on Zoning, 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 add at the end of such subparagraph (g) two new paragraphs
to read as follows:
Prior to the Board of Adjustment and Appeal on
Zoning considering a request for a request for a
commercial water recreation special exception,
such request shall be referred to the Harbormaster
for review. The Harbormaster shall review such request
to determine impact on water safety, if an created
b such special exception. As used herein the term
"water safety" shall include the navigation of watercraft
and swimmers in the water where the special exception is
pro posed to take lace. The Harbor master shall provide
the Board of Adjustment and Appeal on Zoning a written
report of his findings.
In the restricted area described in Section 114.43 no special
exce tion to on inate a commercial water recreation use
shall become effective until the waiver reuired b Section
114.43.5 has been nbtainpd_
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,
-2-
ord. 3862-84
8-2-84
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.
Building and Zoning Regulations, of the Code of Ordinances, City
of Clearwater, be and the same is hereby amended to amend subsection
(5) and to enact a new subsection (13), both to read as follows:
(5) Commercial recreation faellitles;
(13) Commercial water recreation.
Section 4. That section 131.099, Special exceptions, of Division
19', 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 amend sub-
section (5) and to enact a new subsection (13), both to read as
follows:
(5) Commercial recreation faellities;
(13) Commercial water recreation.
Section 5. 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 6. 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 7. All ordinances or parts of ordinances in conflict
herewith to the extent of such conflict are hereby repealed.
Section 8. 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 9. The provisions of this ordinance shall take effect
immediately upon its passage.
-3--
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
8
JU1Y 19, 1989
READING AND ADOPTED August 2, 1989
? k
ayor- ommissi ne
Attgst: .
K City Clerk,
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' 3662 44.
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