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ORDINANCE NO. 2793-82
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1
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING ARTICLE V, OFF-STREET PARKING REQUIREMENTS,
OF CHAPTER 131, ZONING, OF TITLE XI, BUILDING AND
ZONING REGULATIONS, OF THE CODE OF ORDINANCES,
CITY OF CLEAR WATER, TO PROVIDE A DEFINITION FOR
CHANGE OF LAND USE; TO PROVIDE CERTAIN EXEMPTIONS
FROM THE OFF-STREET PARK114G REQUIREMENTS;
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
ENACTMENT; AND PROVIDING FOR THE EFFECTIVE
DATE OF THIS ORDINANCE.
WHEREAS, on October 7, 1982 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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Section 1 That Section 131. 214, Definitions, of Article V, Off-Street
Parking Requirements, of Chapter 131, Zoning, of Title XI, Building and
i ,
Zoning Regulations, of the Code of Ordinances, City of Clearwater, be and €
the same is hereby amended to read as follows: r
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Sec. 131.214. Definitions.
The following words and phrases, when used in this article,
shall have the meanings respectively ascribed to them;
Change of land use means a change to a use other than the
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existing category of use asset forth in the list of permitted ??`?`:44.s'?,r;.,F,,;^??.?
orspecial exception uses established for each zoning district. -?
category; or a change from one use to another'in the same sate or ?•,•;_.;=
of use, the parking requirements for which changed use are €t drd"?qr t;s.?:
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_greater than the existing _use.
Gross leasable area (GLA) means the total gross floor area ":•? ' ssF AZ's
within buildings which is occupied exclusively by individual tenants
and upon which the tenants pay rent. • _i
Off-street parking space shall consist of a minimum net area
of two hundred eighty (260) square feet of appropriate dimensions 1
for parking an automobile. Off-street parking area as required
p
shall be the proper number of spaces as required in section
131. 216, which will include the access drives and maneuvering ?..}i
space thereto, all to be within the property lines. +
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.
Retail floor area, in the case of offices, merchandising or
service types of uses shall mean the retail floor area or space
used or intended to be used for service to the patrons or tenants ,
including areas used for display or sale of merchandise.
Section Z. That Section 131. 215, General Requirements, of Article
V, Off-Street Parking Requirements, 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 read as follows:
Sec. 131.215. General requirements.
The following area general requirements for off-street parking:
(1) A plot plan to scale showing the required off-street
parking area shall be submitted with the building plans
when application for a building permit is made. It shall
show arrangement as well as adequate area for proper
ingress and egress and shall be subject to approval by the
building director.
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(2) A computed gross area use analysis indicating "floor
area" as defined shall be recorded on the building plan.
(3) Area reserved for off-street parking or loading in accordance
with the requirements of this section shall be permanent.
There shall be furnished an attorney's opinion or other
suitable evidence certifying to the ownership or control.
(4) Required off-street parking or loading area shall not be
reduced or changed to any other use unless the permitted
use which it serves is discontinued or modified, except
where equivalent parking or loading space is provided to
the satisfaction of the building director upon which evidence
a parking lot occupancy permit will be issued,
115) Parking spaces shall be reserved for the sole use of the
occupants of the building or lot and the visitors thereto.
However, churches, theaters, auditoriums, community
buildings and other similar places of assembly may make
arrangements for joint use of parking space with the uses
as in subsections (6) and (7) below.
(6) Thirty (30) per cent of total requirements of parking spaces
for places of public assembly may be provided by obtaining
the right to use permanent parking areas of stores, office
buildings and other owners or lessees whose parking areas
lie within five hundred (500) feet of the place of public
assembly and which are not in use after the business hours
of such stores, etc. Applicants in this category shall furnish
evidence satisfactory to the city that the areas fulfill all of
the requirements of this article.
(7) Up to twenty (20) per cent of total requirements of parking
spaces for places of public assembly may be met from curb
parking spaces that are available within five hundred (500)
feet of the place of public assembly on streets where parking
is permitted. The building director will determine this
allowance to prevent conflict with other similar demands.
(8) The required off-street parking shall be for occupants,
employees, visitors, patrons and shall be limited in use to
motor vehicles. The storage of merchandise, motor vehicles
for sale, or the repair of vehicles is prohibited.
(9) Every company car, truck, tractor and trailer normally stored
at the plant site shall be provided with off-street parking space
in an area reserved for the use.
Exemptions.
I An change of land use which re wires less than five
(5) parking spaces shall be exempt from the off-street
arkin requirements established b this Article.
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er does hereby certify that the
Section 3. The City of Clearwat
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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
rneeipt and appropriate action.
Section 4. Should any part or provision of this ordinance be declared
etent jurisdiction to be invalid the same shall not affect
b a court of com
p
or an
of the ordinance as a whole
art thereof other than the
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part declared to be invalid.
Section S. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed.
Section 6. 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 7. The provisions of this ordinance shall take effect
immediately upon its passage.
AS AMENON F ST READING November 4, 1982.
PASSED ON SECOND AND FINAL
READING AND ADOPTED November 18, 1982
Mayor- Commissioner
Att s t.
City Clerk
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