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ORDINANCE NO. 2213
AN ORDINANCE OF THE CITY OF CLEAR WATER, FLORIDA,
AMENDING APPENDIX A, ZONING, OF THE CODE OF
ORDINANCES OF THE CITY OF CLEARWATER, FLORIDA,
1962, REPEALING EXISTING SECTION 32. 01, GENERAL
REQUIREMENTS, OF ARTICLE XXXII, FENCES, WALLS
AND SCREENING, AND ENACTING NEW SECTIONS TO
SET OUT GENERAL REQUIREMENTS FOR FENCES, WALLS
AND SCREENING WITHIN THE CITY, INCLUDING LOCATION
AND HEIGHT OF SAME; PROVIDING FOR SPECIAL FENCING
bR. WALL-AND SCREENING REQUIREMENTS; PROVIDING
THAT A SITE PLAN MUST BE SUBMITTED AND APPROVED
FOR ALL TRACTS OF ONE ACRE OR MORE INTENDED FOR
INDUSTRIAL, OFFICE, PUBLIC OR SEMI-PUBLIC USE;
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 ENACT-
MENT; AND PROVIDING FOR THE EFFECTIVE DATE OF
THIS ORDINANCE.
WHEREAS, on August 21, 1980, 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 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 public hearing;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. Section 32. 01, General Requirements, 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Ordinances of the City of Clearwater, Florida, 1962, is hereby repealed in
its entirety and the following new sections are hereby enacted:
ARTICLE XXXII. FENCES, WALLS AND SCREENING
Section 32. 01. General Requirements.
A. Permit Required - All fences and walls shall require a
Fence Permit prior to their installation or erection.
The application for the required permit shall accurately
establish the location of the fence or wall, on the property
and the applicant shall be responsible therefor. Application
SEE ORDINANCE
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Ord. #2213 10/16/80
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for a Fence Permit shall include an affidavit signed by
the property owner committing to the submission of a
landscape plan which shall include species, size and spacing ,, w,i.?.:
of landscape materials, such plan to be approved by the
City Land Resources Specialist, and to the satisfactory
completion of such approved plan within sixty (60) days
from the date of issuance of the Fence Permit and prior
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to the issuance of the requisite Certificate of Compliance. .
B. Fence and Wall Types - All fences and walls shall be
regulated by this Article with the exception of earth or 4
water retaining walla which shall be as approved by the
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City Engineer. All fences or walls shall be construct
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of masonry, wood and/ox metal materials appropriate i , T''t''s ,;.•.i• ??d,r,;ti
to their location and purpose. No barbed wire, corrugated
or sheet metal, electric or other potentially injurious,
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hazardous or noxious materials or assembly will be
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permitted, except as hereinafter specifically provided for. `
C. Placement and Measurement - All permitted fences or
walls shall be located on the property of the applicant and"
not within any public right-of-way. No fence or wall shall
be permitted to be located within or so as to enclose a
drainage easement or over a water meter box or manhole
except upon the written authorization of the City Engineer.
Fences and walls may be permitted within utility easements,
subject to the right of the City or franchised utility company
to remove, without cost or obligation to replace or restore,
any such fence or wall and landscaping as may be necessary
to maintain the utilities located in an utility easement. A
suitable gate to provide access will be provided when water
meters are located in an utility easement. Fence and wall heights
as set forth in this Article shall be measured from existing
ground level of the subject property on which the fence or
wall is proposed to be established.
D. Landscaping and Finish - All fences or walls shall be
constructed so that the side of the fence or wall facing or
viewable from the public right-of-way or an adjoining property
shall be the finished side of the fence or wall in terms of
materials and their treatment, with all support posts and
stringers to be placed facing inward toward applicant's
property. Fences and walls which require landscaping under
the terms of this Article shall provide trees and shrubs
between the fence or-wall and the public right-of-way in the
following manner;
(1) One (1) tree shall be provided for every fifty (50)
lineal feet of fence or wall which is located within the
otherwise required front yard setback and is generally
parallel to the public right-of-way; and
(2) Shrubs shall be provided along not less than fifty per
cent (50%) of the lineal distance of the fence or wall
generally parallel to the public right-of-way. Trees
and shrubs utilized to satisfy the requirements of this
Article shall adhere to the respective specifications
set forth in Section 33.09 (4) (a) and (b) of the Zoning
Ordinance. Landscape plans and their installation shall
be as approved by the Land Resources Specialist.
Ord. #2213 -2- 10/16/80
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E. Compliance - All applications for fence permits shall
include notation of the requirement for requesting inspection
and verification of completion in compliance with the terms
of the permit. A Certificate of Compliance will be issued
by the Building Official upon notifcation of completion by
the applicant and inspection verifying completion of the
fence or wall and landscaping consistent with the terms of
the permit. Failure to obtain such Certificate of Compliance
within sixty (60) days of the date of permit, unless an
extension is requested and authorized at the discretion of
the Building Official, shall constitute a violation of the
Zoning Ordinance.
F. Appeal and Non-Compliance - All appeals from a decision
of the Building Official with respect to the requirements
of this Article shall be to the Board of Adjustment and
Appeal on Zoning as provided for in Section 35.09 of the
Zoning Ordinance. Any fence or wall regulated by this
Article and constructed or placed without a permit or
failing to comply with the terms of a permit shall be
considered to be a violation of this Zoning Ordinance as
otherwise provided for herein. In particular, all
landscaping required as a condition of approval shall be
installed and maintained in a healthy condition. Any
plant materials not so maintained may be ordered to be
replaced at the discretion of the City Land Resources
Specialist. Failure to ins tall and maintain lands caging
required by this Article shall constitute a violation of
the Zoning Ordinance.
G. Exemptions - Fences, walls and like recreation installations
to be located on City-owned property and part of an approved
municipal park or recreation facility shall be exempt from
the requirements of this Article.
Section 33. 02. Specific Location and Height Provisions.
A. Side and Rear Yards - Fences or walls located behind the
front building setback line are permitted to a maximum
height of six (6) feet in all zoning districts, irrespective
of the otherwise applicable side and rear yard setback
requirements, except as provided for waterfront lots below.
B. Waterfront Lots - Fences or walls on any waterfront lot are
permitted to a maximum height of two and one-half (2. 5)
feet in the required building setback distance from the water
in all zoning districts.
C. Front Yards - Fences or walls are permitted to a maximum
height of two and one-half (2. 5) feet in all zoning districts,
irrespective of the otherwise applicable front yard setback
requirements.
D. Two or More Front Yards - Fences or walls on loth which
have two or more required front yard setbacks, as in the case
of double frontage and/or corner lots, are permitted in all
zoning districts, irrespective of the otherwise applicable front
yard setbacks, subject to the following:
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(1) Principal Street Frontage - The front yard setback
along the street by which the property is addressed
shall allow only such fence or wall as provided for
in Section 32.02 C above;
(2)All Secondary Street Frontages - Fences or walls are
permitted to a maximum height of four (4) feet along
• all multiple front yards other than that street from
which the property is addressed;
(3) Selected Secondary Street Frontages - Fences or walls
are permitted to a maximum height of six (6) feet along
the following arterial streets other than where the property
is addressed from such street:
U. S. 19
Gulf to Bay Boulevard
Belcher Road - Gulf to Bay to S. R. 580
S. R. 580 - Belcher Road to Landmark Drive
Countryside Boulevard - Belcher Road to S. R. 580
Landmark Drive - S. R. 580 to Enterprise Road
Missouri Avenue.- Belleair Road to Drew Street
Sunset Point Road - Hercules to U. S. 19
Hercules Avenue - Gulf to Bay to Sunset Point Road
Drew Street
Court and Chestnut Streets
Ord. #2213
(4) Conditions - All fences or walls located in a multiple
front yard shall be permitted only according to the
following conditions:
(a)All such fences shall be located not closer than three
(3) feet to the lot line adjoining the public right-of-way;
(b) Landscaping as set forth under Section 32.01 D shall
be required between the fence or wall and the lot lime(s)
adjoining the public right-of-way;
(c)An opening or gate shall be provided in such fence or wall
sufficient to provide access to maintain the required land-
scaping and public right-of-way;
(d) Any fence or wall on a corner lot shall require the approval
of the Traffic Engineer to ensure that an unobstructed
cross-visibility is provided that will not impede the safe
movement of traffic; and
(e) No additional fence or wall shall be permitted in a sub-
division, condominium or other project of record which
was approved subject to specific fence, wall and/or
landscaping requirements established as part of project
approval.
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Section 32.03. Special Fencing or Wall and Screening Requirements.
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A. Junk, Salvage and Heavy Equipment Storage Yards - All
such uses shall provide a continuous, seventy-five per
%) opaque fence or wall eight (8) feet in height
cent (?5
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according to the followings
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(1) Seventy-five per cent (7576) opaque, eight (8) -
foot entrance and exit gates shall be provided
in suitable locations;
(2) The fence or wall shall be located not closer than
four (4) feet to the lot line;
(3) Landscaping as set forth under Section 32.01 D
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lot line(s); and
(4) Fence materials and method of construction shall be
approved by the Building Official.
B. No occupancy permit or occupational license shall be
issued or renewed for any junk yard, salvage yard or
exterior heavy equipment storage yard unless the fencing
and landscaping requirements of this section are satisfied.
C. Security fences designed to preclude entry into a hazardous
location or facility or to protect the exterior storage of
materials or equipment from vandalism, or theft may be
erected on public or private property so as to provide not
more than three (3) strands of barbed wire above a six-foot
chain-link fence, with such barbed wire to be situated toward
the interior of the property, where in the opinion of the
Building Official such security fence is necessary in the
interest of public safety or the protection of public or
private property.
Section 2. Subsection (c) (1) of Section 34. 02, Land use permits,
of Article XXXIV, Development Requirements and Procedures, of 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
commerci.alt industrial, office, public or serni-
ublic use -or and tracts intended for multi-
family use designed to provide eight (8) units
or more shall be submitted for site plan approval
requirements in accordance with Section 34. 03.
Ord. #2213 -5- 10/16/80
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5ecti n 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.
Section 4. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict 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. 041, Florida Statutes.
Section 6. 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 7. The provisions of this ordinance shall take effect
immediately upon its passage.
PASSED ON FIRST READING September 18, 1980
PASSED ON SECOND AND V INAL
READING AND ADOPTED October 16, 1980
12 e
Mayor - Commissioner
Attest:
V .R.j.e.-- t.r 4,rArrP,cw.?.,.r1
City Clerk
Ord. #2213
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