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ORDINANCE NO. 3053-83
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING SECTION 112 OF THE STANDARD BUILDING
CODE AS SET OUT IN SECTION 133. 02, STANDARD BUILDING
CODE--AMENDMENTS, OF CHAPTER 133, BUILDING CODE,
OF TITLE XI, BUILDING AND ZONING REGULATIONS, OF
THE CODE OF ORDINANCES, CITY OF CLEARWATER, TO
PROVIDE A NOTICE PROCEDURE FOR APPEALS TO THE
BOARD OF ADJUSTMENT AND APPEAL; PROVIDING FOR
THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES
IN CONFLIC'T' HEREWITH; PROVIDING FOR THE SEPARABIL-
ITY OF THE PROVISIONS HEREOF; PROVIDING FOR PROPER e
NOTICE OF PROPOSED ENACTMENT; AND PROVIDING FOR
THE EFFECTIVE DATE OF THIS ORDINANCE.
-AS
WHEREAS, the Local Government Comprehensive Planning Act
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LGCPA) requires that all development regulations and amendments thereto
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related to an adopted comprehensive plan or element thereof be reviewed . y?
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 each 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. That Section 112, Appeals, as set out in Section 133. 02,
Standard Building Code--Amendments, of Chapter 133, Building Code, of
Title XI, Building and Zoning Regulations, of the Code of Ordinances, City
of Clearwater, be and the same is hereby repealed.
Section 2. That a new Section 112, Appeals, to be set out in Section
133, 02, Standard Building Code--Amendments, of Chapter .133, Building
Code, of Title XI, Building and Regulations, of the Code of Ordinances,
City of Clearwater, is hereby enacted to read as follows:
Sec. 133, 02. Standard Building Code--Amendments.
Section 112, Appeals, is amended to read as follows:
112. 1--Time Limit and Procedure.
(a) Whenever the Building Official shall reject or refuse to
approve the mode or manner of construction proposed to
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be followed or materials to be used In the erection or
alteration of a building or structure, or when It is claimed
that the provisions of this code do not apply, or that an
equally good or more desirable form of construction can
be employed In any specific case, or when It is claimed
that the true intent and meaning of this code or any of the regulations thereunder have been misconstrued or wrongly
Interpreted, the owner of such building or structure, or
his duly authorized agent, may appeal from the decision
of the Building Official to the Board of Adjustments and }
Appeals. Notice of appeal shall be in writing and filed within „ .
-nineivP494 fifteen (15) days after the decision is rendered by '
the Building Official. Appeals hereunder shall be on forme
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provided by the building director. Such form shall provide a
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space where the property owner whose property is involved in
et forth the names and addresses of all ,`i? ?`???5:;';?;?+???'?jyrik <•';
the a eal shall s
ro ert owners within two hundred feet (200 of the property involved in the appeal. A fee of414,40- $100.00 shall accompany
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such notice of appeal.
b) The secretary or clerk of the Board of Adjustments and
Appeals shall mail 'a notice of the a eal hearing to the
owner of the ro ert filing the appeal and to each of the
owners of property within two hundred feet (2003) of the
subject ro ert as identified in the notice of appeal.
4b}.(c) In case of a building or structure which, in the opinion of
the Building Official, is unsafe or dangerous, the Building
Official may, in his order, limit the time for such appeal
to a shorter period. .,l?p?eals.dor-ehs33.be•or?ovsr
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Section 3. 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 4. Should any part or provision of this ordinance be declared A
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 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 provisions of this ordinance shall take effect
immediately upon its passage.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
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City tom, er
April d, 1983
April 21, 198 3
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