2190-80
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ORDINANCE NO. 2190
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 MAXIMUM HEIGHTS FOR RM-20 HIGH
DENSITY MULTI-FAMILY USE DISTRICT, TO ALLOW A
HEIGHT BONUS WHERE GRADE LEVEL PARKING IS
PROVIDED BENEATH THE STRUCTURE; TO AMEND
AREA AND DIMENSION REGULATIONS FOR CTF-24,
QDMM ER CIAL -TOURIST FACILITIES USE DISTRICT,
TO PROVIDE LESS BUILDING SEPARATION AND OPEN
SPACE REQUIREMENTS FOR THE SIDE AND REAR YARDS;
TO AMEND AREA AND DIMENSION REGULATIONS FOR
CTF-28, HIGH DENSITY COMMERCIAL-TOURIST
FACILITIES USE DISTRICT, TO PROVIDE GREATER
BUILDING SEPARATION AND OPEN SPACE REQUIRE-
MENTS FOR THE SIDE AND REAR YARDS; TO PROVIDE
A ONE MILLION DOLLAR THRESHOLD FOR REQUIRING
A COMMUNITY IMPACT STATEMENT; TO PROVIDE THAT
THE CITY COMMISSION WILL CONSIDER A PRELIMINARY
SITE PLAN ONLY AFTER ANY REQUIRED VARIANCE OR
SPECIAL EXCEPTION HAS BEEN ACTED UPON BY THE
BOARD OF ADJUSTMENT AND APPEAL ON ZONING;
TO PROVIDE FOR THE SEPARABILITY OF THE PRO-
VISIONS 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 DATE OF THIS ORDINANCE.
WHEREAS, on July 17, 1980, and on August 7, 1980, the City
Commission of the City of Clearwater, after proper public notice, held
public hearings 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 Beard 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 hearings;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. Subsection (6), Maximum Heights, of Section 11. 04,
Area and Dimension Regulations, of Article XI, RM-20--High Density
Multi-Family Use District, of Appendix A, Zoning, of the Code of Ordinances
of the City of Clearwater, Florida, 1962, is hereby amended to read
as follows: SEE ?JO/R/DI?NANm
Ord. #2190' -1- 9/18/80
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Section 11. 04. Area and dimension regulations.
(6) Maximum height - 3 stories er and 30 feet unless fifty
er cent 50 a or more of the grade floor is used for
parking in which case a maximum height of 4 stories and
40 feet is permitted; triplex - 2-1/2 stories -&r and 25 feet.
Section 2. Subparagraph (b), Side and Rear, of Subsection (5),
Minimum Building Setback from Lot Line, of Section 16.04, Area and
Dimension Regulations, of Article XVI, CTF-24, Commercial-Tourist
Facilities Use District, of Appendix A, Zoning, of the Code of Ordinances
of the City of Clearwater, Florida, 1962, is hereby amended to read
as follows:
Section 16.04. Area and dimension regulations.
(5) (b) Side and rear - jifte-&r*4165 ten 10 feet; for
buildings greater than twenty (20) feet in height,
the rear and side setback of -fifteai-0-5) ten (10)
feet shall be increased by one foot for each four
(4) feet of total height.
Section 30 Subparagraph (b), Side and Rear, of Subsection (5),
Minimum Building Setback from Lot Line, of Section 17.04, Area and
Dimension Regulations, of Article XVII, CTF-28, High Density Commercial-
Tourist Facilities Use District, of Appendix A, Zoning, of the Code of
Ordinances of the City of Clearwater, Florida, 1962, is hereby amended
to read as follows:
Section 17. 04. Area and dimension regulations.
(5) (b) Side and rear - ter*410 fifteen (15) feet; for
buildings greater than twenty (20) feet in height,
the rear and side setback of -ten-(4-N fifteen (15)
feet shall be increased by one foot for each four
(4) feet of total height.
Section 4. Subparagraph (a) and the first paragraph of Subparagraph
(b) of Subsection (1) General, of Section 34. 01, Community Impact Statements
of Article XXXIV, Development Requirements and Procedures, of Appendix
A, Zoning, of the Code of Ordinances of the City of Clearwater, Florida,
1962, are hereby amended to read as follows:
-Ord' 02190
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9/18/80
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Section 34. 01. Community impact statements.
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(1) GENERAL "
u' v'i,, •ti- . r• ,rr° Per`
(a) Community impact statement application--Develop-
Develop-ments fitve-kvadw ed4houeaxl-one million dollars or more.
Community impact statements (CIS) shall be required.;
for projects requiring annexation and zoning, rezoning, t;
or prior to the issuance of building permit if appraised
land value as shown on the tax records of Pinellas,
County, Florida, and development and construction ;., ;`'r' ° ;?`r?i•?m'?„;
to exceed fiv-e••l;amdzed-dmousa.•nEl• ??? ', •' .??-• ?' ? ,,, ,?
coats are expected
de11a4%s-4544,-0-C*.-40) one :pillion dollars 1 000 000.00.
(b) Application-Development under fiv-e-hunda!ed-thou a*&one
million dollars. CIS may be required by the City Manager
for projects where appraised land value and development
and construction costs are expected to be less than -&N-e
hdred_t}s$}.?44,-044.-00 one million 1 000 000. 00
dollars. Such instances may include, but are not limited r `
to the following:
Section 5. Subsection (1), Preliminary Site Plan Review of Section ti
34.03, Site Plan Approval Procedures, of Article XXXIV, Development
Requirements and Procedures, of Appendix A, Zoning. of the Code of a
y
Ordinances of the City of Clearwater, Florida, 1962, is hereby amended Y
by enacting a new subparagraph (e) to read as follows:
Section 34. 03. Site plan approval procedures.
(1) Preliminary site plan review.
e) The Citv Commission will consider a_prreliminar
site plan only after any required variance or special
exception has been acted upon b the Board of Adjustment
and Appeal and has been approved or is before the Ci
Commission on appeal from the decision of the Board of
Adjustment and Appeal.
Section 6. Subsection 2 of Section 35. 07, Procedure for Amending
Zoning Ordinance, of Article XXXV, Administration and Enforcement, of
Appendix A, Zoning, of the Code of Ordinances of the City of Clearwater,
Florida, 1962, is hereby amended to read as follows:
Section 35.07. Procedure for amending Zoning Ordinance.
(2)
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Applications shall be filed in triplicate with the City
Clerk and in addition to providing the items set out in
Section 35.07 (1), the applicant, except in the case of an
individual single family lot and in the case where the proposed
development including the land and the proposed improve-
ments••will have a valuation greater than fi ktusd?ed-Ghatrsd?tl-
de41?+e 4544f444.404) one million dollars '($1, 000, 000. 00)t_
shall present a map showing the location of the property for
which-an application is submitted and its relationship to
adjoining properties and public facilitie8 and services.
Except. as otherwise provided herein, he shall submit with
the application applicable information concerning the service
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demands that will be placed on public facilities and services, =trFf?;? ,, t
including, but not limited to, information an total anticipated
population density, traffic volumes, affect on schools, drainage,
traffic and utility facilities; an affidavit containing the names
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and addresses of all owners of properties within two hundred
.
200 feet of the property identified in the application. Such i
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request for zoning for annexation or zoning change shall
conform with the city comprehensive plan, or the applicant
shall provide information explaining why the proposed
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with the city comprehensive plan. Each application by
anyone, other than a board or official of the City of
Clearwater, • shall be filed by the owner or his duly ?">w•;;• , ., '1? •
authorized representative and shall be accompanied at,
the time of filing by a fee to cover processing the application, ._
which fee shall be set and established by resolution passed }
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by the city commission. Under no condition shall such sum, w`
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or any part thereof, be refunded for failure of such change . w;
to be adopted by the city commission.
Section 7. Should any part or provision of this ordinance be declared
by a court of competent jurisdiction to be invalid, the same sha13. not affect
the validity of the ordinance as a whole, or any part thereof other than the
i
part declared to be invalid. j
Section S. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict 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.
Section 10. 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-11. 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:
Deputy ty Clerk
Ord.. #2190
September 4, 1980
September 18, 1980
Mayor-Commissioner'"'
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