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ORDINANCE NO. 2039 AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING APPENDIX A, ZONING, OF THE: CODE OF ORDINANCES OF THE CITY OF CLEARWATER,
FLORIDA, 1962, TO AMEND AND ADD DEFINITIONS;
TO CLARIFY PROCEDURES AND DELETE AMBIGUOUS, `'•3`
OBSOLETE AND CONTRADICTORY MATERIAL; TO
ADJUST AND COORDINATE BUILDING HEIGHT AND.
SETBACK REQUIREMENTS IN THE SEVERAL ZONING"
DISTRICTS; TO AMEND SELECTED PERMITTED AND
SPECIAL EXCEPTION USES IN THE RM-28 CTF-24
CTF-2$r PS, Pr ISPr CG? CP AND ML ZONING i,y,, . e?f't•' `-x'?1,?;'4;". .
DISTRICTS; TO AMEND THE PERMITTED DENSITY
r5"?''''?" .
OF RESIDENTIAL USE IN THE PS AND CG ZONING
DISTRICTS; TO AMEND OFF-STREET PARKING
REQUIREMENTS PERTAINING TO SELECTED USES; . ;
TO AMEND THE PROCESS FOR CONSIDERATION OF MARINA AS A SPECIAL EXCEPTION USE; TO CORRECT
TYPOGRAPHICAL ERRORS; TO PROVIDE FOR THE {<
SEPARABILITY OF THE PROVISIONS HEREOF; TO
PROVIDE FOR THE REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH;
TO PROVIDE FOR PROPER NOTICE OF PROPOSED
ENACTMENT; AND TO PROVIDE FOR THE EFFECTIVE "
i
DATE OF THIS ORDINANCE.
WHEREAS, on September 6, 1979, 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, which hearing was continued
until September 20, 1979, and thereupon completed; and
WHEREAS, the City Commission has fully considered the recom-
mendations 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 continued public hearing;
NOW, THEREFORE,
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BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. That paragraph 41 of Article II, Definitions, Appendix r;-
A - Zoning of the Code of Ordinances of the City of Clearwater Florida
1962, is hereby amended to read as follows;
(41) Lot coverage: The area of the lot, which when viewed
directly from above, would be covered by all principal and ac-
cessory buildings and structures expressed as a-percentage of
the total lot area. Aar-perYon-efa.ppio3?ai-ar? ;,-f,,.
bUUA ngr-04% 44VY-tePaqWc%-ba1G4D1&)%- }?rj)Qr.rh.or.gan!-.icno
thea4)06-act.3aakxlec14e410ar-area.A2&aAM"dk1&rrby-4094 4f.3.o" 'Fra",x ? i
sb:??L.z:ct..be•i?c?aiu?3?3-iri.•aoasaputisfg-7rot•-QCVo:vager r«r?r?r? ?F' xF {
Section Z. That Article II Definitions Appendix A - Zoning of the
Code of Ordinances of the City of Clearwater, Florida, 1962 is supplemented
J1
by adding the following paragraph:
(7Z. 1) Vehicle/ equipment sales and service; A business
or commercial activity involving the displaj, sale and service
of automobile, truck, recreational living units, heavy equip- ..
ment, mobile home and like vehicular or transport mechanism.
Section 3. That Section 6. 13 of Article VI-A. RS 60, Single Family
Residence District, Appendix A-Zoning of the Code of Ordinances of the
City of Clearwater, Florida, 1962, is hereby amended to read as follows:
Section 6. 13. Area and dimension regulations.
(5) Minimum building setback from lot line:
Front or side street Side Rear
Main Building - 25 feet 6 feet 10 feet
Accessory Building - 40 feet 6 feet 10 geet feet
Swimming pool or enclosure -25 feet 6 feet 6 feet
Section 4. That Section 7.03 of Article VII RS 50 - Single Family
Residence District, Appendix A - Zoning of the Code of Ordinances of the
City of Clearwater, Florida, 1962, is hereby amended to read as follows:
Section, 7. 03. Special exceptions as regulated in Article Qr&XX4Vi
XXXV, section 34rfl9 35. 09.
Section S. That Section 8.03 of Article VIII RM 8 - Single Family
Duplex-Apartment Residential District, Appendix A - Zoning of the Code of
Ordinances of the City of Clearwater, Florida, 1962, is hereby amended to
read as follows:
Section 8. 03. Special exceptions as regulated in Article XNXTPV
XXXV, section ".04- 35.09.
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Section 6. That subsections (6) and (11) of Section 8.05 of Article VIII,
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RM-8 - Single Family Duplex-Apartment Residential District, Appendix A,
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'. Zoning, of the Code of Ordinances of the City of Clearwater, Florida, 1962,
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are hereby amended to read as follows:
Section 8.05. Area and dimension regulations - Apartment.
(6) Maximum heights - Z-2-1/2 stories or 25 feet.
(11) Maximum number of units per net acre - iD 8.
Section 7. That subsection (1) of Section 9. 02, the title of Section
9. 03, and subsection (6) of Section 9.05 of Article IX, RM 12, Duplex-
1'
Apartment Residential District, Appendix A, Zoning, of the Code of Ordinances
of the City of Clearwater, Florida, 1962, are hereby amended to read
as follows:
Section 9.02. Permitted uses and structures.
(1) One family dwellings and customary accessory uses
as regulated in Section 7.04r-ext?-ept-thos-&-lets--Platted-prici?P6
to- tlp,? a -of- t?is- e r dknarsc?a-pen ?*.o•ne- s kan?ard•.
Section 9.03. Special exceptions as regulated in Article -NXX-IV
XXXV, section $4r 9g 35.09.
Section 9.05. Area and dimension regulations - Apartment.
(6) Maximum height - Z-2-1/2 stories or 25 feet.
Section 8. That the title of Section 10.03 and subsections (3) and (6)
of Section 10.04 of Article X, RM 16, Medium Density Multi-Family Use
District, App endix A, Zoning, of the Code of Ordinances of the City of
Clearwater, Florida, 1962, are hereby amended to read as follows:
Section 10. 03. Special exceptions as regulated in Article -XX?R;r
XXXV, section 34r09 35.09.
Section 10.04. Area and dissension regulations.
(3) Minimum lot width at building setback line - 150 feed
triplex - 100 feet.
(6) Maximum height - -2-2-1/2 stories or 25 feet.
Section 9. That the first paragraph of Section 11. 01, and subsections
(2), (3), (4) and (6) of Section 11. 04 of Article XI, RM-20, High Density Multi-
Family Use District, Appendix A, Zoning, of the Code of Ordinances of the
City of Clearwater, Florida, 1962, are hereby amended to read as follows:
Ord.: #2039
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2/21/80
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Section 11, 01. General description.
This district is created to provide for residential
development from low density single-family use to
yn-odkwn high density apex nvortt,e-multi-farnil residential
use. The maximum density permitted in this district is
twenty (20) dwelling units per net acre.
Section 11.04. Area and dimension regulations.
(2) Minimum lot or parcel area - 15, 000 square
feet for apartment$Ltriplex as per RM-12.
(3) Minimum lot width at building setback line -
150 feet; tri lex - 100 feet.
(4) (b) Side - total 15 feet,; minimum 6,feet any side.
(6) Maximum height - 3 stories; or 30 feet;
triplex - 2-1/Z stories or 25 feet.
Section 10. That the first paragraph of Section 12. 01, subsection (3)
of Section 12. OZ, and subsections (2), (3) and (4) of Section 12. 04, of Article
XII, RM-24, High Density Multi-Family Use District, Appendix A, Zoning,
of the Ccde of Ordinances of the City of Clearwater, Florida, 1962, are
hereby amended to read as follows:
Section 12.01. General description.
This district is created to provide for residential
development from low densit single-family use to
rae4i4mH hipzh density apaa%bn_&nt6 multi'-family
residential use. The maximum density permitted in
this district is twenty-four (24) dwelling units per net acre.
Section 12. 02. Permitted uses and structures.
(3) Two-family dwellings ("duplex") as regulated in
Section •94.4.4 9.04.
Section 12. 04. Area and dimension regulations.
(2) Minimum lot or parcel area - 15, 000 square feet
for apartments L triplex aster RM-12.
(3) Minimum lot width at building setback line - 150 feett
triplex - 100 feet.
(4) Minimum building setback/-/.,, s
(a) Front or side street; -near Minimum of 20 feet
front or side street.
(b) Minimum rearms 15 feet; total front and rear must
equal 50 feetp
(c )Side - total of 20 feet, minimum 8 feet any side.
Ld) Swimming pool or enclosure; Front - 15 feet;
Side - 8 feet; rear - 8 feet.
Ord. 92039
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2/21/80
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Section 11. That paragraph 2 and paragraph 10 of Section 13. 03,
Article XIU, RM-z8, High Density Multi-Family Use District, Appendix
A, Zoning of the Code of Ordinances of the City of Clearwater, Florida,
1962, are hereby repealed.
Section 12. Section 16. 03 and Section 16. 04, Article XVI, CTF••Z4,
Commercial-Tourist Facilities Use District, Appendix A, Zoning of the
Code of Ordinances of the City of Clearwater, Florida, 1962, are hereby
amended to read as follows:
Section 16. 03. Special exceptions as regulated in
Article XXXV, section 35.09.
(1) Single-family dwellings and customary accessory uses.
(2) Two-family dwellings and customary accessory uses.
(3) Model apartments and/or homes as regulatedin
section 30.08.
(4) Marina facilities, Types A, B and C.
(5) Commercial recreation facilities.
(6) Noncommercial off.-street parking lots (not operated as
a separate business) or spaces on vacant lots or portions
thereof for parking passenger motor vehicles.
(7) Lodges and private clubs.
(8) Gift, craft shop.
(9) Professional, business office.
Section 16.04. Area and dimension regulations.
(5)(b) Side and rear - fifteen (15) feet; for buildings
greater than twenty (ZO) feet in height, the rear
and side setback of .ten-(44)- fifteen (15) feet
shall be increased by one foot for each four (4)
feet of total height.
Section 13. That Section 17. 03 of Article XVII , CTF-28 High Density
Commercial-Tourist Facilities Use District, Appendix A, Zoning of the Code
of Ordinances of the City of Clearwater, Florida, 1962, is hereby amended
by adding the following:
Section 17. 03. Special exceptions as regulated in
Article XXXV, section 35.09.
(1) Single-family dwellings and customary accessory uses.
(2) Two-family dwellings and customary accessory uses.
(3) Model apartments and/or homes as regulated in section 30. 08.
(4) Marina facilities, Types A, B and C.
(5) Commercial recreation facilities.
(6) Noncommercial off-street parking lots (not operated as a
separate business) or spaces on vacant lots or portions
thereof for parking passenger motor vehicles.
7 Lodges and private clubs.
8 Gift, craft shop.
Q9 Professional, business office.
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Section 14. That subsection (2) (b) of Section 18. 07, of Article XVM,
RPD, Residential Planned Development; CPD, Commercial Planned Develop-
ment; MPD, Manufacturing Planned Development, Appendix A, Zoning, of the
Code of Ordinances of the City of Clearwater, Florida, 1962, is hereby
amended to react as follows:
Section 18.07. Final plan approval procedure.
(2) (b) Compatibility of development as to physiography
intensity of land use, structure heights, and-arrangements
of structures within the plan and as it is related to adjoin-
ing area; F'H•A ]and-use intexsitry-ratinga-will-be-;Lws-e &G a
guide. All densities will be computed as net densities
based on net acres available for development.
Section 15. That subsection (11) and subsection (14) (a) of Section
19.05 of Article XIX, RMH, Mobile Home Park District, Appendix A, Zoning,
of the Code of Ordinances of the City of Clearwater, Florida, 1962, are
hereby amended to read as follows:
Section 19.05. Mobile home park development standards.
(11) Park peripheral setback requirements - Side and
rear. Six (6) feet; or fifteen (15) feet if adjoining a
private right-of-way or any RS, RU-10, RM-8 or
RM-12 zone; or ten (10) feet if adjoining any RM-16,
RM-20, RM-24 or RM-28 or CTF or comparable zone,
(14) Screening:
(a) There shall be provided and maintained along the entire
perimeter a continuous visual buffer with a minimum
height of six (6) feet, which shall be a compact foliage
screening or shall be combined masonry or wooden
fence and shrubbery screen between RMH and Single
Farnily RS, R-M-1433 RM-8, RM-12, RM-16, RM-20,
RM-24 and RM-28 zoned properties. Screening may
be waived between RMH and other zoned properties by the
planning and zoning board. No beautification shall be required
when abutting another mobile home park.
Section 16. That subsections (1) and (2) of Section 20, 02, Section
20. 03, and subsections (2) (d), (3) and (4) of Section 20, 04 of Article XX,
P5, Professional Services District, Appendix A, Zoning, of the Code of
Ordinances of the City of Clearwater, Florida, 1462, are hereby amended
to read as follows:
Section 20.02. Permitted uses and structures.
(1) Multiple dwellings as regulated in the RU-34 HM-12
District, i#-loos.#ed-i?-ax?axaarored-5.p?rit?re-data.
e1•adoption. •o€-this-c>xcii ra er
(2) Townhouse development as regulated in Section 30.05.
if Ioaa.ted in-an .azaa.zoueci,.PS-pri=-to-the-data. -of4k4aption
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on 20. 03. Special exceptions as regulated int cle XXXV,
section 35.09.
(•1-? - Newly6 some d-PS-propsrtte a -with, multirple• dwellinge
aa-reguleted-Irr'RU-24-Piskiet- a4ter4te-date-af4"kjAiaxr
ef- tki;s• orcllsame e r
(Z)--Newlyl-sor?ed-Fir-propertieo-wittih•townhai se-"v-elopment,
as -regttla'ted-in+Sestion- 39r 06r -after-the-dak-* -of-adoption
of.tk &4w-cunanaer
(3-)-QLRetail within structure as defined in section 20. OZ,
but in excess of 400 square feet.
(4)-Other professional services similar to those listed
in Section 20.02.
(•5• -JD Expansion of existing churches. Also see Sec. 30. 11.
(6.).JjLConvalesaent homes.
?7?)_ ioopital's-(•r*04-to ixektda sa,?kitar?i?xxs 404-montally,41-14r
(•8} ]dot el• arrxl-rx3ote? -at• 1 r 6 -tri m&s- -the -ap&i-tm ant •d•em-i tr -fe a
exe ept, •aee- C.C*?CBI ?erx+iatiorh
(9.)-„U Mortuary or funeral homes.
(14)- Day Nursery,
(1.1.).JMNoncommercial off-street parking lots.
(1-3,)-Commercial, express pick-up helicopter stations,
not involving helicopter landing (provided federal and
state licensing provisions are met).
Section 20. 04. Area and dimension regulations.
(2) Professional and related %&ed uses.
(d) Maximum height - .84 30 feet.
(3) Residential development. As regulated in the RM-24-
RM 12 District.,;?eatiQr}4?n
(4+-Hotel,- a l-tteesr-, tbaeke-ire-aeee daxee wirth-
4)- (%}-abavar
Section 17. That Section 21.02 of Article XXI, CSC, Shopping Center
District, Appendix A, Zoning, of the Code of Ordinances of the City of
Clearwater, Florida, 1962, is hereby amended to read as follows:
Section 21. 02. Permitted uses and structures.
1? ad'ditilon- tcs •tk e -,follav?irsg,- .asv?r- a thax .ato r Q ...ax .shop-for.
a ata?i.i•?'a,?ie-• o s ?.azici??iang- pr a£asaia:sal.+os. ?exs?ssal _aesui,r.$,
whiahaaa-the.apis?iori and-zoning- board wiU-
not.acivareaigr-affect Ake.We r"
Professional and related uses (not to exceed 20°14 of
floor area).
Drugstore.
Dry cleaning agency.
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Florist. s iron .;
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G.•ocery store,
Laundromat or laundry agency, :`
Office.
Sundries store.
Supermarket.
Barbershop, beauty parlor.
fit. 4.{a`:? 1{`r'ri w113 yLt;`r a.<;"
Gift shop.
Post Office substation.
Hardware store.`,
5 & 10 or variety store.
TV and appliance repair.
Garden supply store,
Service and repair, household appliances.
/, K•. VGA
Sales offices (not to include storate or transfer of products sold). '
Department stores.
Furniture stores.
Automotive supplies and services.
Gasoline service stations (provided that it is designed
as an integral part of the shopping center building
group) as regulated in section 30.09.
Theater--Not drive-in.
Restaurant, eating and drinking establishments and
retail sales, ,
Similar uses as listed above.
Section 18. That Sections 23.02, 23.03, 23.04 and 23.05 of
Article XXIII,' CG, General Business District, Appendix A, Zoning,
of the Code of Ordinances of the City of Clearwater, Florida, 1962, are
hereby amended to read as follows:
Section 23.02. Permitted uses and structures.
Multiple dwellings as regulated in RM-28, except in
conjunction with anv commercial use of the property such
multiple dwellings shall be as regulated in RM-20 and
that within the Core CBD-34 a density of 34 units er net
acre shall be allowed.
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'0rd. #2039
•2/21180
Townhouse development as regulated in section 30 05
Hotels and motels - For density for Core Central Business ,
District (definition Article U(1ZA) 81 hotel.-motel units
per net acre, 42 hotel-motel units per net acre otherwise,
Financial institutions.
Retail- stores and sales.
Eating and drinking establishments. i, is f F?+r`:
Personal and business service establishments.
Commercial job printing. ; .:
Repair service for items brought in by customers.
Professional business and trade schools.
Research design and development activities and accessory
laboratory where there is no heavy equipment used no
unreasonable noise, fumes, dirt, or dust created and
all operation is within building and any incidental
roduct that i
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nufactures is not for sale
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Public buildings. yrs
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Theaters
not drive-in
and other weaipeati'carj.? cultural issss•• ,
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entertainment uses. `
Churches (as regulated in Article XXVIII and Section 30. 11).
Railway terminal and/or freight office.
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Service stations as regulated in section 30. 09,
Lodges and private clubs.
Professional, business office.
The entire area occupied by a secondary salvage or junk
operation shall be screened by a continuous, attractive seventy-
five per cent (75016) opaque masonry, metal (not corrugated
sheet metal or other roofing material), wood fence or wall,
at a minimum of eight (8) feet in height. Such fence or wall
shall be without openings, except for entrance and exit, which
opening shall be equipped with opaque gates. Supplemental
planting shall be required along the fence or wall on that por.
tion abutting any street right-of-way. Reasonable care and
maintenance shall be the responsibility of the property owner.
Section 23. 03. Special exceptions as regulated in Article
XXXV, section 35. 09, and section 30. 10.
(1) Storage yards. When shielded from view from any
public way (wall, solid fence and/or screen planting).
(2) Transfer and storage establishments.
(3) Certain fabricating processing and manufacturing con-
ducted under following conditions: such uses shall be so con-
structed, maintained and operated as not to be injurious or
offensive to the occupants of adjacent premises by reason
of the emission or creation of voice, vibration, smoke, dust
or other particular matter, toxic or noxious waste materials,
odors, fire and explosive hazard or glare. All processess and
storage, except storage for vehicles, shall be in completely
closed buildings.
(4) Operations involving wholesaling, supply and distribu=
tion with or without warehousing, but not more than five
thousand (5, 000) square feet of storage area.
0-rd. ##2039
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Ord: ' #!2039' 2121!80
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(5) Service, renovation and repair establishments, business
service establishments, including printing (when entirely within
closed building).
(a) Automotive body repair provided all operations
are within an enclosed structure; no vehicles needing
repair to be stored outside overnight, unless in an area
completely screened from view by opaque fence or suit..
able planting, doors to face away from any residential ..
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zone; hours of o eration and conditional requirements of •; l
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board of adjustrr pent and appeal to be made of record "y ;_
(6) Salvage or junk operations only as an accessory and/or:
secondary use. =Y-w"
(7) Single family and duplexes 4n-aoeare.zAmed'.CG1"ar
fio.a#xuas??.?.1y..3g3r per RS-50 (single-family) or RM-12
(Duplex /Apartment) maxed district standards respectively.
(8) Commercial, express pick-up helicopter stations, not ?
;'?involving helicopter landing (provided federal and state licensing `
,
provisions are met). It
(9) Vehicle /equipment sales and service.
Section 23. 04. Prohibited uses.
(-1}-.S Sg?a.#ara?1'y-and. va'#amuy.dwaWngs_1rJ.apeas .&On &
C.??C?seral ?uoi?3asp•}.ai?.er-pi'?ru,ar.3r-Z3rZq?Z?
(.Z.}. L1) All types of occupancies from which are emitted
smokes, fumes, gases or odors detrimental to the
comfort, enjoyment and health of surrounding persons
or occupants.
(&• (2) New or used automobile parts sales from vacant lots.
(4). (3) Creosote treatment or manufacture.
(4) Distillation of bones, coal, or wood.
{6} (5) Fertilizer manufacture.
477 (6) Fish houses, wholesale, also fish smoking, curing
or processing plants.
($). (7) Salvage or junk operations as a primary function.
{9} (8) Lumber yard or mill work.
44A}L9) Mobile home parks.
X1.1•)-(10) Carnivals, tent shows, exhibits and other temporary
amusement projects, except where special permit has
been procured from the city commission.
(.1.3} (1j Retail sales and displays in vacant yards, temporary
parking lots, tents or structures except where special
permit has been procured from the city commission
with assurance that additional parking requirements
are met and access has been approved by the traffic
engineering.
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Ord. #2039 2/21/80
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?W-)- l2 Heliports and heiistops. This prohibition shall Fw w '
not apply to helicopters engaged in performing emergency 't4=. ;
or law enforcement activities.
Section 23.05. Area and dimension regulations.
(1) Waterfront lots as regulated is section 30. 07. (2) Apeaatt-erases Multi-family :residential uses
As regulated inRM-28, except in conjunction with any
•Sn ,Yd ,w • • 1: i..Y cf 44J;•,iQi.
commercial use of the proper such multi le dw_ellin s
shall be as regulated in RM-20. jkewe-v$r-ice In the Core :?,?,; f ° :s'•
CBD maximum allowable coverage can be increased 7016 .1
and FAR not to exceed 2.0 maximum. In the defined r?.#
Core CBD (see Article 11 (12A) ) only one aide building
setback shall be required and no rear setback shall bed
required. ?.;
Section 19. That Sections 26.03 and 26.04 of Article XXVI, ML;
Light Manufacturing District, Appendix A, Zoning, Code of Ordinances of
the City of Clearwater, Florida, 1962, are hereby amended to read as
follows:
,?yy,,??. •;? Y,r!
'rT
,, ?... •".a:,,?1f.?.;'?: ., i1?i..,.._1'?4'.?: ,-.. . r•-. !.., ... t°., 'r..`z'°::',.:.'?ie':.'CY.ti?.. ?i :'.r `?t??i(F:??tYG3?:-0?.:
=Y
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Section 26.03. Special exceptions as regulated in Article
XXXV, section 35. 09, and section 30. 10,
(1) Drive-in theatres.
(2) Secondhand building materials.
_(a) - Residential use in conjunction with securt
headquarters for manufacturing and industxial use.
(3) Criteria for special exception: Those listed above and/or
similar uses, provided that such approval will record the nature
and extent of the following building and operation conditions
(but not limited to);
(a) Minimum area building usage, and special setbacks.
(b) Parking and loading restrictions.
(c) Screening requirements, enclosure requirements.
(d) Special sign restrictions.
(e) Hours of operation.
(f) Treatment and/or removal of by-products over
given period of time.
Section 26. 04. Pxohibited uses.
(1) All residential usear , other than as provided for under
Section 26.03(2)(a).
(2) Junk yards including automobile wrecking and salvage
yards.
(3) Travel parks.
(4) Refining or manufacture of petroleum products,
(5) Heliports and helistops. This prohibition shall not
apply to helicopters engaged in performing emergency or
law enforcement activities.
Section 20. That Section 27.01 of Article XXVIE, P, Public Land
District, Appendix A, Zoning Code of Ordinances of the City of Clearwater,
Florida, 1962, is hereby amended to read as follows:
27.01. General description and purpose.
In. tl?e F_•••1?ut?L#o -Land -P"tria#.,-a,1L xiees d-Faai3,diaga
shall-be -re.ed..e?clusi+,?l?flirr #be •,ftollw?ring4 -pure! -t6 VAt r
PuU a.•stvaet-s-rplaaaar.?l?a+f?xr.+ptsbl a.higl -?y?.? ?]alio.
parks r-publaa.buildi?t ,-ilia a?lcs.#aail?tise-rand..si ai-.
laa- jx-AA". sa4i,-pxIalri_raavaatia•gvouadar-1wbAQ-a0ViQ,
tj oO. "GIB r -g?i#?ozi?a a?? ba?t.eb?ll. di?J,daT _ otk?a? atk? a
SWdsr-bQ4 R9-aeaGhe -,-emuaeR'aetat-payksr-staa• oval
a exteaae~,-al?wa?r-(.o#hes?zafi- etpeet-ail+.s?ay}? -pU*a-D-s. 41f
9 a QXI .b?aastlr. c?arl,ct?latc?d. # c-attx?aet.v3 sitc?t?s- axed-WM4 sbe.o•
It is the nurnose of this district to reflect
sue; ire. , City, County, or School District, e
denote the public purpose and use for which th,
is held. Public ownerehiD is required foi'thia
district classification.
- 11-
Ord.'. #2039
ibiac owner-
o as to
2(21180
'kYfi'e?, .."i?,?:Y'.,i't?!!'"•3'•a¢etili? pi?j A?..
4'n`;i????.?ss ??3'?.??'?m?;C':=s.CSse?°::.?f :.: ra _ ....:.4•'itir .. ,t,...., . „?•s..., ... -•?° _ ? t , . Vii' ._ .?. ...<?« ?:?i.,"+? ... > ?' ?" t "t'?
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lM?f!4' .f S.au'
Section 21 That Article XXVLI P Public Land District +; '?'•''.?_ 1'? ''
Florida
Appendix A
Code of Ordinances of the City of Clearwater
Zoning
,
,
,
,
is hereby supplemented by enacting the following sections to read
1962
, '
as follows: "
'•:•! -;;
Section: 27. 01. 1 Permitted Uses and Structures
•
The following categories of public use are permitted: 1';41 ?.'Al. :'?;+`•t i.:=::?)i• `.
'.1'_ '
;' ;r , • ,r.: ?,,,
d,-.4>
Public streets laces alleys, public highways, public arks
public buildings, public works facilities and similar public .
..z. rM. fy".. .`
uses public recreation rounds ublsc aviation fields of
courses, baseball fields, other athletic fields, bathing
beaches, amusement parks, recreational centers, railway
(other than street railway), places of scenic beauty cal-
culated to attract visitors and tourists.
The Public Land District shall be reserved for public
lands, buildings and facilities including public properties
to be occupied, used or held b private interests for a
use determined a ro riate b the Cit Commission in
accord with the provisions of the City Charter for the
lease of City-owned property.
Section 27. 01.2
Special Exceptions - Shall include such other public
properties to be occupied, used or held bar privrate'intere_s_ts
for a use determined appropriate by the City Commission.
in accord with the provisions of the City Charter for the
lease of City-owned property.
Section 22. That Sections 26.03 and 28. 04 of Article XXVM, ISP,
Institutional Semi-Public District, Appendix A, Zoning, of the Code of
Ordinances of the City of Clearwater, Florida, 1962, are hereby amended
to read as follows:
Section 28. 03. Special exceptions ages as regulated in Article
Ya&X1-V -XXXV , section 34x09 35:09.
(Z) Uses considered.
Group 1. Public and 41 Private hospitals, wed ex-$
nursing home, convalescent homer4aarne-bDrr-agndr-WO •
aok?irets-ham,- and other similar uses. -aLi4k4fy-t4D.abover
Section Z6. 04.
(3) Building setbacks:
Front and side'street : mil,-tc??roat.boiLck?g-oebba+ak
.of-Uw-sone?tt ,aces, 35 feet,
Side and rear - : 2. 0 times minimum required of the
single family zone abutting,
I.5 times minimum required of the multi-family
zone abutting.
1.0 (equal) other zones abutting: minimum of 15 feet
for side and 25 for' rear yard.
%M
!
I
5 .
Section 23. That Sections 29, 01 and 29. 03 of Article XXXIX, AL,
Aquatic Lands District, Appendix A. Zoning, of the Code of Ordinances of
the City of Clearwater, Florida, 1962, are hereby amended to read as
followst
Section 29.01. General description.
To zone, regulate and control the use and occupancy of
all bodies of water and submerged lands within the corporate
limits of the City of Clearwater, -mirth-the-exeepti n-ef-those-
pcr?v?t?ely-helcl~ suum-earged Bands l'Ying landwa'rci• -of-e i wh"
bxllti 4r?ea as appropriate to the authority of the City of
Clearwater and State of Florida and consistent with Chapter
72-663, Special Acts of Florida.
Section 29.03. Application.
(1) The AL District shall be established upon all waters,
including, but not limited to basins, bays, bayous, cancalm,
lakes, rivers, streams, waterways including waters of the
Gulf of Mexico and all private and public submerged lands
thereunder from mean high tide seaward er-seawaird-k-om-
na-?ateblial?erlrgixceeredla?d-1?r?e- and an upland area
thirty (30) feet landward of mean high water where mangroves
(recognized of special ecological vaue to the City of
Clearwater) are identified.
Section 24. That Sections 30. 08 and 30. 11 of Article XXX,
Supplementary Regulations Applying to a Specific, To Several, Or To All
Districts, Appendix A, Zoning, of the Code of Ordinances of the City of
Clearwater, Florida, 1962, are hereby amended as follows:
Section 30.08. Model home.
An occupied residence or an unoccupied dwelling unit
may be used as a model home, condominium or apartment by
any person, firm or corporation in any RS 200, RS 200, RS 75,
RS 60, RS 50, &M-14, RM 81 RM 12, RM 16, RM 20, RM 24
and RM 28 District, provided that:
411 The use of such structure as a model or demonstration
home shall be limited to a period of twelve (12) consecutive
months from the date of certificate of occupancy; excelt
that such use may be extended for one additional. consecutive
Eeriod of twelve-02) months upon due cause being shown, at
the discretion of the Building Director.
t
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02039
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2/21/60.
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1 gyp
y),,{[?,
n
ot
l ) Such dwelling unit efP,9,%t x+o-occupies a
a subdivision plat or to part of an-approved mite
n efsiot-loss ha ?i {C at +- which was
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a
recorded or certified not less more than three (3)
ears prior to the date of application
the. boa~r& ef- tts ?xirront-at}d -ao? qn s ra -thAfY
(?S)-Yeses for use as amodel dwelling unit.
(3) The s o such model as a sales office shall
terminated when the phase of theproject to which the
sales office relates is seventy-five (75) per cent sold
. heresy: \\jj
or at the expiration of twelve 12 months from the date
r7:,
>. F_? :?` { ti?•?
rk ii
5
:
'
of certificate of occupancy or such extension as may have ?
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.
been authorized, whichever occurs first. ? ? .
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Section 30. 11. Churches; conditional uses. ..
f)
(4) In no case shall church use be extended into RS,
R-M-14, RM 8, RM 12, RM 16, RM 20, RM 24 and
RM 28 zones, except that churches established in
a CG zone may extend noncommercial parking
into residential zones ae-defined by where provided
for by special exception, 4%efer-•to- seetion.34rp9-
as set forth in Section 35.09 (8) (m).
Section 25. That Section U. 01 of Article XXXII, Fences, Walls
and Screening, of Appendix A, Zoning, of the Code of Ordinances of the
City of Clearwater, Florida, 1962, is hereby amended as follows:
Section 32.01. General requirements.
The following fence heights apply to other than retaining
walls and shall be measured from ground level of subject
property or of property immediately adjacent thereto,
whichever has the higher level:
(1) 4m For all residential uses eAwk" (single family,
duplex and multi-family, including motel):
(a )Within the interior area of the lot or parcel
back of the front building setback line, fences
shall be permitted up to six (6) feet in height.
(b) Within the area between the right-of-way (,host
peepertr-lia& - and the building setback line
for the zone, fences shall be permitted up to
thirty (30) inches in height,
(c) Fences erected on corner lots must obtain approval
from the traffic engineering department. (City
ordinance prohibits plantings which may obstract
view on the right-of-way at intersections. )
Section 26. That Sections 33.02, 33.04 and 33.06 of Article XXXIII,
Off-Street Parking Requirements, Appendix A, Zoning, of the Code of
Ordinances of the City of Clearwater, Florida, 1962, are hereby amended
as follows:
.14-
2/21/,80
Section 33. OZ. Definitions.
Q10-111-t
Place of, public assembly.' For the purpose of this
ordinance Asa place of public assembly" shall mean a
public or quasi-public building in which provision is
made for the congregation or gathering of seventy-
five (75) or more persons. AoforA mwe4 •amado4o-
Sou?l?? ?s,?idirsg..E'.od,e? ?.s.• be. •s;seai£ia}•buWalings •.
ir?akK3ed• ie. # b i.s. •?e?e?'s^1-oarteg?oxyn,
Section 33. 04. Minimum parking space requirements.
(1) The following minimum off-street parking spaces
shall be provided at the time of the erection of any maim
building or structure or at the time any such building or
use as indicated below is expanded;
TABLE OF MINIMUM PARKING SPACES REQUIRED
Parking Spaces
Uses or Area Required
Gasoline service station,. One (1) parking space for each
automobile service are. a employee, plus #w.o4Zj_foux 4)
body shop spaces for each service bay,
plus One 1 space er
company vehicle plus one (1)
space per one hundred (100)
square feet of sales area.
Industrial establishments TWG
42} pet,-thy-&9- 43}-O MP"Ye.s,s..ae..
' the• ?ai?abixsed #w?-la?gae~t-a ?tQC o s 4iva
eWtar.pams-adequate. .pwrUng
dete.Vi xad-b Y.-the Flan a g_and-Zon..
W* 401"411-
(a) one' (%
1) space per employee on
the largest shift, plus a6n additional
ten arcent (100161 of required employee
parking for visitors; or `
(b)(1)'warehousing and"storage;
one (1) space per one thousand five
hundred (1, 500) square feet of gross
floor area and
(2) assembly and manufacturing;
one (1) mace per four hundred (400)
square feet of grorja floor area; which-
ever is the greater. .-
Medical clinics Five (5) parking spaces per staff
doctor, plus two (2) per three (3)
employees,
sta'ff«doeber,
Shopping Centers T.ha;e•shall- b&-a,4%ai-a-.af-three-(3.)-
squaNa.4eet_ f-pawkiMg.ea% a.,to..e? oae
' aquas o.?eek-af.g ?+a s e -3?esaaaiale-ate ? C.ra.A }..
Tice- a b Q rr p Giasg- a as e a -s 1•+al? ,te.clx d e F
alYoas?ilorre. ?'os-?he-c? a ?..atc?lls?,_ ?hs -r?rzo?ving.•
pisl+ee? ••aa a a a A ..d?f?sy -pie.?ng.apa?as•
and*pedoatr4an-walkways r
Five (5) ii2aces per one thoueand'(1, 000)
square feet of gross leasable floor area.
Ord.,#2039 2/21/80°
j
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°' S
.?ef'T'? '^?r' r3. i"?wa ','???.''?':Y?? `$':?N;??n`r,??'?C T? _ ...-- ?'++'•?'IS
.Y
Section 33.06. Design, construction and maintenance of
off-street parking lots.
(6) No part of any parking space shall be closer than
three(3) feet to any established street right-of-way
alley or abutting property line except where a parking
lot is designed to providethrouugh circulation and jointly
mercially zoned properties. In case the parking lot
adjoins any residential district, it shall be set back at
least five (5) feet from the residential district boundary.
Section 27. That Section 34. 02 of Article XXXIV, Development
Requirements and Procedures, Appendix A, Zoning, of the Code of
Ordinances of the City of Clearwater, Florida, 1962, is hereby amended as
follows :
Section 34. 02. Land use permits.
(c)(1) All tracts of one acre or more intended for com-
mercial use, or multi-family use 8.ojraa?-eig?Iat-(-8?xnie?-ens
an?e.s-a-x?orreubided.#xart.c?orEta?ni designed'to
rp, ovide eight (8) units or more shall ewe be submitted for
site plan approval in accordance to. with section 34. 03.
Section 28. That Sections 35.05 and 35.09 of Article XXXV, Ad..
ministration And Enforcement, Appendix A, Zoning of the Code of Ordinances
of the City of Clearwater, Florida, 1962, are hereby amended as follows:
Section 35.05. Interpretation, purpose and conflict.
In interpreting and applying the provisions of this ordinance,
they shall be held to the minimum requirements for the promotion
of health, safety, morals, and general welfare of the community.
It is not intended by this ordinance to interfere with, abrogate,
or annul any easements, covenants, or other agreements here-
tofore existing between parties; provided, however, the jurisdic-
tion and authority of the city government of the City of Clearwater
to enforce building and zoning restrictions shall be confined to
the enforcement of the provisions of this ordinance and neither
the city nor any department or employee thereof shall in anyvAse-
a^ny way involve the city in the enforcement of any privately
created easements, covenants, restrictions or agreements be-
tween such parties.
Section 35.09. Board of adjustment and appeal on zoning.
(8) Special exceptions. The following list identifies most, but
not all, special exceptions. Attention is directed to the specific
zoning district text for the list of special exceptions.
(h) The following' marina. facilities may be permitted by
the Board as a special exception within the classification
as set forth in this section. Zn-eAdWot&#he4t o?v4.rnay-ap-
p?+o rre.,aithe r •$i?i?lar-rtr? a ?t -atsd ,t?sE?r fad-a?ay-u?ses# v {?eefan g}
Ord. #2039
-16.
2/21./80
E;
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t1
11,
1
.r
??M?-.e' s ei v. sA. +3;??xr? rr•?yykk+s?gfyS i
speee-desig-n-or ype ?iea-QC3nd3?ic}r?sy ''' ?'° s :t`wr 4 r
Dea*r-i,pkioirt-ef marrina,-faeUlti-e,&1-Tyie4-Ah-B,p-Ct-
??yrpc?s-ae-t??eyA-?y?.be-app?evedt- •'-? ;?;.::;-?'=a??
(1) Type A - (pleasure craft docking) as an exception
to in a CTF and RM 28 zones.
(2) Type B - (launching ramp site, commercial), as
an exception to in CTF, and RM 28 zones. -rt
(3) Type C - (private marina) as an exception in ti-
28 zones.
CTF and RM
a?*?y??
Plan to be submitted and recommendation made by the
1anni and-zo i beard Harbormaster rior to the
submittal to the board of adjustment and appeal on zoning. Where eight 8 or more slips are proposed or where '' 4113?`?'''
in the discretion of the Planning Directors special
?
circwnstances exist which warrant additional review,
3
the application shall be forwarded to the Planning and
Zoning Board in addition to the Harbormaster for their¦
recommendation prior to consideration by the Board of
r
Adjustment and Appeal. Section 29. Should any part or provision of this ordinance be declared
by a court of competent jurisdiction to be invalid, the same shall not affect a
the validity of the ordinance as a whole, or any part thereof other than the ;
part declared to be invalid.
Section 30. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed.
Section 31. 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 32. 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 33. The provisions of this ordinance shall take effect
immediately upon its passage.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
AS AMENDED
Attest:
C ity Clerk.''
'.... Ord. #2039
January 17, 1980
February 21, .980
Mayor-Commissioner
-17-
2/21/80
?..r.mr.r.