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ORDINANCE NO. 3025-83
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AN-ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING CHAPTER 131, ZONING, OF TITLE XI, BUILDING
AND ZONING REGULATIONS, OF THE CODE OF ORDINANCES,
CITY OF CLEARWATER, TO PROVIDE REGULATIONS GOVERNING
THE ERECTION OF TENTS; TO ALLOW TIME EXTENSIONS FOR
TEMPORARY AND PORTABLE BUILDINGS TO BE CONSIDERED
BY THE BOARD OF ADJUSTMENT AND APPEAL ON ZONING
RATHER THAN THE BUILDING BOARD OF ADJUSTMENT
AND APPEAL; TO PROVIDE REGULATIONS GOVERNING
TEMPORARY RETAIL SALES AND DISPLAYS; 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 PRO-
VIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE.
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WHEREAS, on January Z0, 1983, 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 CLEARNATER, FLORIDA:
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Ord 3025-83
3/14/83
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Section 1. That Section 131.006. Definitions, of Articln I, Generally,
te;. of Chapter 131, Zoning, of Title XI, Building and Zoning Regulations, of
• . w?? ' ? the Coda of Ordinances, City of Clearwater, be and the game is hereby
amended to add a new definition for "Temporary retail sales and/or dLsplays'l,
;k to be placed between the definitions for 'Temporary buildingst and "Trailer,
t.?yl' 4' f r"k'
.. travel or camping", to read as follows:
Temporary retail sales and/or displays: _ Any
nonpermanent sales or display which either exists„
S,, y alone on property, exists independent of the
:3 permanent or principal use on property, or is
associated with the permanent or principal use.
The term "temporary retail sales and/or displays"
shall include carnivals and similar temporary amuse-
ment projects and shall exclude residential development
sales offices and land sales offices.
Section Z. That Section 131. 143, Prohibited uses, 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 delete
subsections (10) and (11) and renumber subsection (12) to (10), as follows:
(-1-0)-Earr:iYal$,-tent. a-hawe-,-exhibits-and-othe-r
ternpo•ra?r?-a?ze?#-lrx?c?jee#s,--e-?wk:e?re- .
speei-&1-perynU ham-been-ppeeaped4rom-the
Qt-r CGmmi-s-&ION
(-1-k)-Retail- salee- -a-n4-displays-fn- vacae-t yar-a-,- `tempora r-y.
garking3ets-,- tents- oar-akm*a r-e-s-axeaptm4iar-a-
apeeia•1-permi-tbars.been-pro au red 4r- r -the- Q?
Clommios ie a-with- th-e- as•su-ra u e_ that- a d dWaual
parking 4xAttiremon s-are-me4-and-a-c•c ws-has been
approved-by -the-Traffie-Eng
(1-a? 10 Heliports and helistops (this prohibition shall not
apply to helicopters engaged in performing emergency
or law enforcement activities).
Section 3. That Section 131. 2055, Temporary and portable buildings,
of Division 27, Supplementary Regulations, of Article III, District Regulations,
of Chapter 131, Zoning, of Title XI, Building and Zoning Regulations, of the
Code of Ordinances, City of Clearwater, be and the same is hereby amended
to read as follows:
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Ord 3025.83 3/14/83
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(1) Requirements. A building permit shall be required
for the location, placement, installation, movement
or use of any temporary building, &L-portable
building or tent within the city -sael?-perm te-
t-
]se-obtained-oc?i}sirs?6nk+?v?i?k the-proeedu?ea-crf-ll?i?-
seeti?n-axd-Sec?tiga-5?crf?ec+tiex-l-3:?: (i2•.c?f-trio-
Code-6 {Gxdkm4KYe$„ Said building permit shall
s ecif the approved use of the temporary building,
portable building or tent and the temporary period
for which the permit is to remain valid and may be
issued.. .;._.
a, Only for uses specifically provided for in the
zoning district assigned _t_o-the properLiL on which
the temporary building, p portable building or tent
is to be located
b. only for uses and locations which are either
specifically provided for under this section
er ara rah c or a roved as a special
exception b the Board of Adjustment and .:A eal
on Zoning per paragraph d ; and
c. only upon approval of the Fire Department with
regard to fire safe and the Building Department
with regard to structural safet and location on
the ro er
2 Duration of ermit. With the exception of a mobile
home used for residential purposes in an established
mobile home ark which permit shall not be I imited to
a temporary period of time and also a recreational
vehicle used for recreational purposes in an established
travel ark which ark shall require a permit and such
recreational vehicle shall not; an permit for a tem orar
building, portable building or tent shall remain valid for
a limited time -period as set forth below:
a. A permit issued for a temporary or ortable building.
involving any use other than sales or displays shall
remain valid for a time period determined appropriate
by the Building Director, but not to exceed one hundrec
twenty (120) days. Upon due cause being shown, the
Building Director may extend the validity of the permit
for up to two (2) additional consecutive periods not to
exceed one hundred twenty (120) days each.
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Section 131, 2055. Temporary buildings,- and portable
buildings and tents.
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(a) Purpose. It is the purpose of this section to establish
the procedure and guidelines for location of temporary
buildings, and portable buildings and tents. and-to-
666 rdirIl?b@- ?hi6- vµitl} Seo#tor? ,1?3,-02? - (?ulldir?g?otie-
?e6tiorr- 5 A4} .of-thw ?'.ity -Code of-O?d?nano?s,
(b) Pe-rmi -regttlred. Building ermit.
Ord 3025-83,
3/14/83
144 A, K..
b. A permit 'slued for a temporary or portable
building to be used as a residential develo ment
sales office for a development which has a site
Plan certified b the City clerk shall remain
valid until either a roval of the final Inspection
are given b the Building De artment consistent
with the Standard Building Code and other building
related codes for fifty per cent 50% of the units
within the development or the completion date
specified for the development, whichever occurs
first.
c. A permit issued for a temporary or portable building
to be used as a land sales office involving pro2
which has a subdivision plat filed of record shall
remain valid fora period of one hundred eighty (180)
days or until all of the land included on the sub-
division lat is sold whichever occurs first. Upon.
due cause beingshown, the Building Director may
extend the validi of the permit for additional
periods of one hundred eighty (180) days each with
said permit automatically expiring upon the sale of
all of the land included on the lat.
d. A permit issued for a temporary or portable buildin
to be used for any sales or display purpose other
than a residential development sales office (such
use having been authorized by the City Manager_
consistent with Section 131. 20555 shall remain valid
for a time period of up to thirty (30) days, said
period to coincide with that period which the City
Manager has authorized the use. The Building
Director may extend the validity of the permit
consistent with anv extensions the Manager may
rant for the use.
e . A permit issued for a tent to be used for any temporar
sales or display (such use having been authorized by
the City Manager consistent with Section 131. 20555
shall remain valid for a time period of up to thirty
30 days, said eriod to coincide with that period
which the Ci Manager has authorized the use. The
Building Director may extend the validity of the
hermit consistent with anv extensions the Manager
may grant for the use.
f. A permit issued for a tent to be used for public or
private recreation where such use has been authorized
by the City Manager shall remain valid for a time
period of up to thirty (30) days, said period to
coincide with that period which the City Manager
has authorized the use. The Building Director may
extend the validity of the permit consistent with
an extensions the Manager may grant for the use.
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}'-Ptocedut?--No-bemporary-cnr?rtable It i g-ekall be-
isleserod-m-aaed-cxr jw4vat-&?r-publi'o-preperty#er-&rry&
parpeaa-wkata"ver,-•&xceIt-tkpor*. -the -gram}t-a€a-speeiaa1- ' .
axeeplion-by-Nie-beard-of adjostrnentaxxl-appeal.,--or-upon
e tta a e s s,€ul- appeal -the r e€rornj -as -pgaN-Iced- under -Seatien
????Glb-ors-apseifieally previded-for -un4er•Vt '.'
(d}•-F.reoopkit?as•: -??perary-a?'cl'•go-r+table•?iltli'srg?s-r?ay?be- ? -. ,'
plac?ed•or•reed-ft>r-t}?e#e?I•ovri?g-par?peses-upan•i?asuar?ee . .
e€-a-permit-%erwefor-hy•the-bui'ldlzag•inapeeti'o•n.deparkne-ntr
portable buildings and -
(c) permitted temporary buildings,
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tents. Temporary buildings, portable buildings and
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tents may be laced and used for the following purposes -41A.
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upon issuance of a building permit therefor b the iN
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Building Department:
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(1) VuNu).. Temporary or portable buildin s used solely
in conjunction with and reasonably necessary for
construction work taking place on the property, '
and onlyduring the period of actual construction;
(2) T'4ioee-terrpo-ra-rUy6 Temporary or portable building s
nction with educational activit
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use
of public or accredited private schools, or in ^F
conjunction with any public library;
(3) Upon- pria,rnova•1-by -the -Cityr-Marrtager'; -these 40-
be-Temporary or portable buildings used for religious
purposes €c+ra-perit}cl•rro-t-tro- exeeed-eight-($)-c3onae?ut#ve
days -art, any-or+e •e ire -oi- p remise ;
(4) -Viooe Temporary or portable buildi_nge used to-
-p%0-vide for security service, including living quarters
for the security guard, at a construction site, and
only during the period of actual construction;
(5) 3'ase Temporary or portable buildings used for
public recreation or public health, purposes whictl*
purpeaea-harms previotts15r-approved by the City
Manager er-the-Cotxrty-l-lealt4l-De-paT4w*erit ;
(6) Mobile- homes car-xnebile-Grimier used for residential
purposes in an established mobile home park or
trailer-parrk;
(7) Sueh-Temporary or portable buildings used for
emergency housing as is deemed necessary in the
public interest and autho-rized-13,y-the-6tty- fmrni-&"exr
s r -tire-Mayon •o?- kis• •cie? g rs e e -irt• a x-e-r?re?.tge?rrary- s it>Ltatsor?
improved by the City Manager;
(8) llPnn sabfnis ea nd a} z?ovai-of-th??rrcirr?rriaary-
ai-te•-plarrby fli.& Gity-Gammisaioa; .the-Building
iarspeatiea x entmay isave-a temperary-
pertable-building per?m'it•for-a#en}por g}? portable'
building-to-be -e-reoted• eA-the- site- to. be- sae ed-a s• a
aalo&4x-nu?4&1-di&pl.zy-elf-iee-f4D-r-th-&pr-ojeet, -for
which-the-p?rel?i?inary:"siteplan was-approved.
Temporary or portable buildings used as residential
development sales offices an ro erties which have
Ord 3025-83
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had site plans certified b the City Clerk or
used as land sales offices on Properties which
have subdivision plats filed of record Location
of the temporary or portable building on the site
shall be determined by the Building
Department using the setback line as a guide and
such location shall be specified on the texnporaa-r- '•:r.: :. .
permit. ast}ede-a-time-
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the,
m&t4eall+y-egpi2!,eax-tho_end-cif- •ti -period
Provided •in-Seatiaa-5041-4b}.o-r-open-c?a?pletiion-
e€4ha-f4 g it to-be aa-ar-&ales-&f` We,4>r-
model-w?ekever-c?v-?t-esa?ars^f??rst; ?'° ?` '_,;°?,_.'?' .
(9) Temporary or portable buildings approved by the
City Manager for temporary retail sales or displays
as provided under Section 131. 205551
(10) Tents approved by the City _Manager for temporary_
retail sales or din la s as provided under Section
131. 20555i and
(11 Tents approved b the City Manager for public or
Private recreation.
d) Special exceptions. Any temporary building, portable
building or tent proposed to be located on public or
private property, the use and location of which is con-
sistent with paragraph (b) above but not specifically
Provided for under paragraph (c) above, shall require
J the approval of a special exception by the Board of
Adjustment and Appeal on Zoning or successful a eal
therefrom prior to procuring a building 2ermit authori_zi_ng_
its intended location and use.
(e) Existing permits. Any existing tem2orary building,
portable building or tent, the use and location of which_
is authorized by an existing valid permit which does not
speci y a time -shall be allowed to continue
its use with the maximum time allowed for that particular
use-(not counting extensions) as provided for under para-
graph (b) 2 of this section, with said temporary period
be innin on the effective date of this ordinance.
Permit extensions shall be available as provided for
under said paragraph JbI Z. All other existing permits
_which-provide specified time limitations shall be bound
by such limitations and shall have available permit
extensions consistent with said paragraph (b) 2.
?&)LfL Revocation of permit. Subject to the notice and hearing
requirement set out in Section 71. 12 of the Code of
Ordinances of the City, any permit issued for a tent or
temporary or portable building permit authorized by this
section and-bei3dirag aodSeetion-G4:1-caf-,Section-gr9Z
of-the-Cede-oS`G.2rdinaxees may be revoked where the City
Manager or his designated representative finds that the
permit holder;
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Ord 3025-83
3/14/83
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(1) Is violating the Code of Ordinances of the City,
which violation affects the public health, safety
and welfare, and which violation occurred as a
result of the specific activity or use for which the
permit was issued and not merely incidentally
thereto.
(Z) Is permitting hie employees, agents, servants,
partners or representatives to violate the Code
of Ordinances of the City, which violation affects
the public health, safety and welfare, and which
violation occurred as a result of the specific
activity or use for which the permit was issued and
not merely incidential thereto.
Termination of use and removal. No temporary building,
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portable building( or tent _shall be used for any purpose
whatsoever inconsistent with this section or without
benefit of a valid permit. All temporary buildings and
portable buildings shall be removed within seven (7)
!_Xs after- the date that the permit ;which authorized
its use becomes invalid. All tents shall be removed
immediately upon expiration of the hermit which authorized
its use.
Section 4. That Division 27, Supplementary Regulations, of Article
III, District Regulations, 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 enact a new Section 131.20555 to read
as follows:
Section 131.20555. Temporary retail sales and displays.
a Purpose. It is the 12aUose of this section to establish
regulations governing temporary retail sales and displays.
b) Occupational license. An occupational license shall be
required for an tem orar retail sales or dis la use
located within the Ci!y. Said license shall be issued for
a period of time as determined appropriate by the City
Manager consistent with this section.
c) Procedure. Temporary retail sales and displays may be
permitted in CTF-24, CTF-28, CPD, CSC, CP, CG, DD,
CS, ISP and P zoning districts upon application to and
a roval b the City Manager for such use. In determining
whether or not to approve any request for a temporary
retail sales or display use, the City Manager shall consider
the following:
(1) The use will comply with the Comprehensive Plan and
all apylicable building, land development and other
regulations of the City of Clearwater.
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Ord 3025--83'
3/14/83
at
8) The use will be reasonably compatible with surrounding
uses as measured by building_setbacks, hours of
operation, building and site appearance, and other
'factors which the City Manager deems appropriate
in determining the com atibili of the use.
Unon determination by the City Manager that a requested
temporary sales or dis 1a use is consistent with the
above- referenced standards,the City. Manager mar autho-
rize the use for a period of time not to exceed thirty
(30) days duration. Extensions to the thirty (30) day
time limit may be ranted b the Ci Manager where, in
the Manager's discretion. due cause is shown.
(d) Appeals. Any pa.Tt-Vin interest aggrieved by a decision
of the City Manager authorized under this section may
appeal such decision to the Board of A! 'ustment and
Appeal on Zoning.
Section 5. The City of Clearwater does hereby certify that the
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
receipt and appropriate action.
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.
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x Acct table in Tess to and egress from the ro osed ;,.
provided in a manner which ensures
sa will be
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s fflclent vehicle maneuverability and vehicular i' ,;.
and pedestrian safety.
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(Noise txenerated from the use will not unreasonably
dimirish the use or enjoyment of surrounding
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4 The direction and glare of lights from both motor
vehicles and illuminating fixtures on the site will i " ; •.;' q
not adversely affect the use or enjoyment of
surrounding ropernes•
5 Sufficient trash disposal facilities will be available.
(6) Sufficient rrestroom facilities will be available. !„'
7 Sufficient area will be provided for on- site parking_ ?
and loading as required under Article V of this Code.
Ord: 30M-83
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3/14/83
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Section 7. All ordinances or parts of ordinances in conflict herewith
to the extent of such conflict are hereby repealed.
Section B. 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 February 28, 1983
PASSED ON SECOND AND FINAL
READING AND ADOPTED March 14, 1983
Attest:
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City, Clerk
Ord`A026-83
3/14/83
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