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2763-82 (2)'mss' ,r?t?.,??'StQ,?'?';?"?'?R?Y?'?°??Sr<.s'..??F???••?'????,,?'???y?yfa.r ??:.?ry?' .' ,????', t?:;r?y ?Ykts?f hizi2S.2-.??w.ii-: ".:t`?__u. 'S''tPc'•.t?i1,.+}'i?+". .a?_????1't?:s'•?w.?.:. .'S-' _ ..? `tJ?'.:::k'.._...?4?s?.?°+:xwf•?i-'.L.L.Si;'?t?4r`'?;''ri'-s.. '.'?.,3 a', we ORDINANCE NO. 2763,-82 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA AMENDING CHAPTER 131, ZONING, OF TITLE XI BUIID ING AND ZONING REGULATIONS, OF THE CODE OF ORDINANCES, CITY OF CLEARWATER, TO PERMIT MARINAS AS A SPECIAL EXCEPTION USE IN PROFESSIONAL SERVICES AND GENERAL BUSINESS ZONING DISTRICTS; TO PERMIT TYPE A MARINA IN RM-8 AND RM-12 DISTRICTS IN CONJUNCTION WITH ° UPLAND CONSTRUCTION; PROVIDING FOR THE SEPA- tt 1 ,F RABILITY OF THE PROVISIONS HEREOF; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES h . :e.. ' . IN CONFLICT HEREWITH; PROVIDING FOR PROPER NOTICE "??= =.':.OF PROPOSED ENACTMENT; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. ::?•z rrst4!"'?, ' ,r? WHEREAS, on May 20, 1982, the City Commission of the City of Clearwater, after proper public notice, held public hearings relating to the zoning code; and WHEREAS, certain amendments to the zoning code were approved by the City Commission after its evaluation of all facts presented at such public hearings; 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 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; Section 1. Paragraph a, Description of marina facilities Types A, B, C, of Sub-section (8) of Section (h), Special exceptions or uses-- enumeration, 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, is hereby amended to read as follows: 8/5/ Ord 2763-82 1- 82 a G a. [Description of marina facilities, Types A. B, C:l 1. Type A - (pleasure craft docking) as an exception in RM-28, and-CTF-24 and CTF-28 zones. 2. Type B - (launching ramp site, commercial) as an exception in RM-28, 4md-CTF-24 CTF-28 and CG zones. 3. Type C - (private marina) as an exception in RM-28, and CTF-24, CTF-28 and CG zones. Section Z. Section 131. 048, Permitted uses and structures, of Division 7, RM-8 Single-Family Duplex-Apartment Residential 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, is hereby amended to add a new sub-section (7) to read as follows: -(. Marina facility, type A noncommercial, limited to pleasure craft for guests and/or tenants of multi-unit development. ... r Section 3. Section 131.056, Permitted Uses and Structures, Of Division 8, RM-12, Duplex-Apartment Residential District, of Article III, District Regulations, of Chapter 131, Zoning, of Title X1, Building and Zoning Regulations, of the Code of Ordinances, City of Clearwater, is hereby amended to add a new sub-section (7) to read as follows: 7 Marina facili e A noncommercial, limited to 2leasure craft for guests and/or tenants of multi-unit development. Section 4. Section 131. 142, Special Exceptions, of Division 20, CG General Business 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, is hereby amended to add a new subsection (11) to read as follows: 11 Marina facilities es B and C. Section S. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. 0 rd-=-.27fi3-82 8/5/82 { i r'rT. rY r X` ` i ', •?'?1 ..• ''fir jk.'.`'yj i 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. The City of Clearwater does hereby certify that the amendments 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 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. PASSED ON FIRST READING July 15, 1982 PASSED ON SECOND AND FINAL READING AND ADOPTED August 5. 1982 141t-4at a-4 , , 12, k_,/Mayor- Commissioner At at: r City Clerk. r -3- 8'/ 5 .82. :, Tl? .r . ?;,?i?t.?S:' fF`Vr"•`1 S?+°L4t. x`.-r y? .?"?'J}ry-t r '", t. ?r#;.i•v<L:?i".?..".wi']r.1.Y:??t:?{:t:;?'?"tM.'ri.?'1. t??.. 11