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283'?`G.,• t 722 ORDINANCE NO. 283 AN ORDINANCE REGULATING AND RESTRICTING THE USE CP LAND AND THE LOCATIOM AND USE OF BUILDINGS AND STRUCTURES -?" IN THE CITY GO CLEARWATER, FLORIDA, CREATING DISTRICTS OR ZONES THEREFOR, REGULATING THE-INTENSITY OF USr. OP LOT AREAS AND # THE LOCATION OF BUILDINGS AND STRUCTURES THEREON, ESTABLISH4 ING BUILDING LINES; PROE%lDING FOR THE INTERPRETATION, APPLICATION AND ENFORCEMENT OF ITS PROVISIONS AND FIXING PENALTIES FOR VIOLATIONS AND PROVIDING FOR A SPECIAL ELECTION TO DETERSiINE WHETHER OR NOT IT SHALL 00 INTO EFFECT. j ` In pursuance of authority conferred by Section 79, of the Charter of the City of Clearwater as amended by special act of i + Legislature approved the 26th day of June 1931, and for the purpose of promoting the health, safety, morals, prosperity and e general welfare of said City; and as a preliminary to a ware comprehensive zoning and planning schema for said City: BE IT ORDAINED by the City Commission of the City of Clearwater, 40 Florida, as follows: 7 `.f Section 1. This Ordinance shall be known as "The Zoning Ordinanco?.• _'. ,. Section 2. DEFINITIONS. Certain words in this ordinance are defined for the purpose thereof (unless there is express provision excluding such construction or the subject-matter or contex is f repugnant :thereto$ as follows: (a) Words used In the present tense include the future; the ?. singular number includes the plural and the plural the singular; •1' the words "use" and "occupy" i ether the past or present tense shall- include the words "arranged,,designed or intended to be, or capable of being, used or occupied"; the word "other" shall not { ?. be limited to things of similar character.' (b) APARTMIENT HOUSE. A Building which is used or intended to be used as a home or residence for two or more families living in reparate apartments. (c) AUXILIARY USE. A use customarily incidental to and accessory to the principal use of a building or premises and located on the same premises with such principal use. ;T.. (d) BUILDING. A .,building is a structure entirely separated from any other structure by space or by walls in which there are no `E?R?:I. i?`>ia r. 51,x: '.i:: '1(?i..', •`' y ?1-' `v?: ?° "S catin doors or windows or and-the mmu ni g similar openings; ward . shall include •the word"structure".. .:r`sr ?? ..!."o'. .:! s. 'ts'e Jf C?.?,?'. t" V•? .t ? ',.r ._. tt• .'J,.:;.?it??I;, ;?-:? ..' .; s 723 --2 __ ` (e) DWELLING HOUSE OR RESIDENCE" A building used as a home for I a single family in which all living rooms are accessible to each .' other from within the building and in which such living rooms are ?; .,.. ? accesaibae without using an ontrance.vestibule, staitway or hallwgy tha# is designed as a common entrance vestibule.or coamon stairway , or common hallway for more than one family, and in which the use and management of all sleeping quarters, all appliances for cooking, ventilating, heating, or lighting, other than a public service, are under. one control.. } ( ) FAMILY. One or more lndividua.ls living , sleeping, cooking , and eating on the premises as a single housekeeping unit. (g) ' GARAGE. A public g arage, except as otherwise provided by this paragraph, is a building or premises arranged, designed or' inten- ded to be used for the storage of motor vehicles for hire or reward, or which does not come within the definition of a private gap.age as herein set forth. A private garage is a building with ground area not in excess of eight hundred(800)square feet arranged, designed or intended to be used for the storage on the gruund floor of not $ . • . . ': . r. ,V :E more than four individually owned passenger automobiles devoted to ?:< t the private use of the owner, when such garage is located on the same premises with and as an auxiliary use to the residence or ap- artment of the owner of such automobiles so stored., and where no fuel, lubricants or accessories are sold. i . : (h) . LOT. A parcel of land or premises occupied by one building with its usual auxiliary buildings or uses customarily incident to . 5 ,I. ., it, including such open spaces as are required by this ordi:713nco and ' ..1 ., such open spaces as are arranged and designed to be used in connection with such building, shall be deemed a lot for the purposes of this Ordinance except as herein specifically provided. (i) NON-CONFORMING USE. A non-conforming use is a use which does not complLy,lwith the regulations of the use district in which it is , situated, NOTICE. Where notice is required by this ordinance to' be C-W `":" '' rY` ` be' a i ctuall b tibs it d it f itt . a * (?T Vii'', .'%• J.-a :: } • SiS?7: r } a - =r g y n a y epos y or may o wr en na given ;L . n ; , y in ,ihe 'mail to':'tkie last-known address of the. parson required to be • ' t ' ?' ? Y ? .? ?t ? V a? .d / .?E.. >.`?' ..f i : ?.t'F.f .. ! St ` .. ' r 4"_' -' h :,1.?:e°,t?:??' ' ` r.. 71, I i .n 724 ` notified or by advertisement in any daily newspaper regularly published in th e City of Clearwater for two consecutive publication darts. (k) PERSON- shall include corporate and other legal entities, their officers, representatives and agents. (1.) STRTET- as actually laid out or projected to be laid out or extended. Section 3. USE DISTRICTS. (a) For the purpose of classify- in re latiil and restrictin the location of trades industries 1 '. t 3 6, 8u g B , and other uses, and the location of buildings used for specific purposes, the City of Clearwater is hereby divided into the following classes of zones or districts: Residence districts. Business districts. Manufacturing districts. Public districts, as shown in the map, consisting of an indlbx sheet and sheets, said sheets dated April l4th, 1932, and. signed by the City Auditor and Clerk, and which accompanies and is :Wade a part of this Ordinance; and which map is hereby designated, and shall be known as, the "Zoning Man of the City of Clearwater". The use districts developed on said map, are hereby established. Wherever practical boundaries of the several districts herein established shall follow center lines of blocks, streets or alleys, and if marginal along a street or highway, shall run to the rears of the marginal lots,and if riparian shall include the abutting land under water. (b) No promises or building shall be used or occupied or any building erected, altered or extended to be used or occupied for any use or purpose other than that permitted in the district in which such building is, or premises are located. Section 4. RESIDENCE DISTRICTZ. (a) In a Residence district no building or premises shall be used or occupied, or any building erect- ed, altered or enlarged to be used or occupied except forRi. uses ..,exclusively 'as .hereinafter defined. rr Z i tt i .i 1i'ft J •? ., ? ?L i? . ? ' mot. Y) . .j?. ? :r?^ ?, W I 25 F t (b) for the purposes of this ordinance, R uses are hereby defined as- uses designed for and permitted in Residence districts and con- forming to the provisions relating to such districts respectively; ! and all R. uses Pro classified and defined as follows: R-1 Uso--An R- 1 use shall include every use as a dwelling house. R-2 Use---An R- 2 use shall include every use as a hotel, apart- I 5 ' 1 • r ? went house, boarding house, lodging house, church, hospital, private.. school unless operated so as to bring it within the definition: of a B use, a private club excepting one the chief activity of which is" a service customarily carried on as a business and a community center. (c) In all areas allocated on said map to R-1 uses, no premises shall be used-'or-any building occupied, or any building be erected, altered or extended to be used or occupied except for R-1 uses exclusively. (d) In all areas allocated on said map to R- 2 uses, no premises shall be used or any building occupied, or any building be erected, altered or extended to be used or occupied except f,or R-1 or,-R-2 uses. Section 5. AUXILIARY USES IN RESIDENCE DISTRICTS. Auxiliary uses which do not alter the character of the premises in respect to their use for residential purposes shall be permitted in Residence districts. Auxiliary uses shall include the following, but the enumeration of such uses shall not be deemed to prevent proper auxiliary uses that are not referred to: Signs not exceeding six(6) feet in area, advertising the premises for sale or for rent, and signs not exceeding :?walva feet in area, stating the name of the building, if an apartment house or hotel; provided that neither be prohibited by any valid ordinance. The office of a surgeon., physician or dentist or other similar professional, located in the dwelling or apartment used as the private-residence of such person and the usual inconspicuous signs. Customary home occupation located in a dwelling or apartment, and carried on only by the members of the household of the person occupy- ing such dwelling or apartment as his private residence, provided no, window ox other . dis Za or si u -adu1 as ;•?1 , ?t Sr t ?•. , (!' {'?'.°'!l, ?F X47'"i ?f. .t s ?t'7 .i •? i 1 r • The ranting of one or more roonis, or the providing o.C table board f in a dwelling or apartment house occupied as a private xosidence in an R- 2 area, and the usual inconspicuous window sign be used to advertise such use; ' A public dining room or seltaurant located in an hotel. Such facilities as are required for the operation of a hotel or apartment house, or for the use or entertainment of guests or tenants of the hotel or apartment house, when conducted, and entered only from ' ? ;•; within the building; provided no street, window or other entertain- - . , , . ,F went display, or other exterior sign be used to advertise such use. ' A private garage, with or without servants quarters above, in. k; ;': ,1:'. ,:.r. • !, '';" t''. - '1 :.' :.:} connection within R-1 use, limited in ground area to ten per cent of the area of the lot, but not in excess of the ground area .. , `' ?..,. ? prescribed for, or in excess of, the capacity limits of a , , private garage; provided, however, that a private garage in connection with " an R-1 use shall not be located on the same lot with another private . . " .. ;? garage. y A private garage or garage apartment in connection with an R-2 use. limited in ground area to fi.fteen(15%) per cent of the area of ij the lot. ':'t •':'', s° ? ,+, f- (b) Auxiliary use s diall not include ` ;'• ?. A garage or stable in connection with anon-conforming use,a driveway or walk used for angress from or ingress to a B or M use, a billboard, poster or other advertising sign or structure, a store, trade, -lousiness, garage or stable, except such as are hereinbefore specifically permitted. =t' :,; = Section 6 BUSINESS DISTRICTS. (a) In a Business district no ' building or premises shall be used or any building be erected, altered, or enlarged to be used except for,R or B uses exclusively hereinafter defined. (b) For the purposes of this ordinance, B uses are hereby defined # ?:',:,•.;{ ': _'.• :'. as uses other than R, 14 and P uses, designed for and permitted in Business districts and conforming to the provisions relating to such distriats.. ) ? t (c} A 'B ?uso 'shall- tLnolude every use' as a: 1. E01-l" F" i ' .:_ -A, 'f M1a ' ?-e t.? •. ?? ra i r Retail or wholesale business, including light manufacturing; ' provided that such business be conducted wholly in a substantial 1 building completely encloses with walls and a roof, and provided that the operation or conduct thebeof shall not be of such a nature as ° r to become offensive or noxious to the occupants of neighboring premises used for R uses, by reason of the emission of odors, fumes or gases, dust, smoke, noise or virbations, and provided that an undue fire hazard be not created thereby, and as an office building. 1 4 f f? .4.•1?:. L•S!?y Section ?. MANUFACTURING DISTRICTS. (a) In a Manufacturing district, any building or premises may be occupied-or used or any building be erected, altered or enlarged to be devoted to any ' use not prohibited in the City of Clearwater by any other ordinance except as hereinafter defined. (b) M Use. For the purpose of this ordinance an H use is hereby defined as any use for an occupation, business or activity other than an R, B or P use, that may be lawfully be carried on within the City, and shall include citrus or other packing plants, ,factories, lumber yards and truck gardening as a business. Section S. PUBLIC DISTRICTS. (a) In a Public district no building or primises shall be occupied or used, or any building be created, altered or enlarged to be devoted to any other than a P use exclusively, as hereinafter defined,. (b) For the purposes of this ordinance a P use is hereby defined as a use designed for and permitted in public distrio tts and conforming to the provisions relating to such districts; and all P uses are classified as follows: (P-1 USE. A P-1 use shall include the public streets and high- ways and every use as a public park, public building, public rocrea- tion grounds, aviation field, golf course, baseball field or training quarters. 1 .. P-2 USE. A P-2 use shall include every use as a bathing beach, armament park and recreational enterprises. P-3 USE. A P-3 use shall include every use as a railway, other than a street, railway. I , ' t . . . , I ?' ,f,, . '•'11 1 ? : ek' FPO- r F:. f r ? ? 1 P-4 USE. A P-4 use shall inoludo all places of scenic beauty., calculated to attract"visitors, tourists, and permanent residents and to build up the welfare and prosperity of the City of C7earwatore in such areas no building or promises shall be used or ocoupiod„ A or any building be erected, alterod, onlarged or maintained so as to obstruct the view or to mar the scene or praspept, or which in any wAy may militate against the Attractive features of the locality. and in particular, tho not in limitation upon the foregoing, no " t a; p • '.c' ?i? ^4' ;, ,. . 5 ??? 3 a?: . r ? 1 ?, ',.},.?#• s.??«4`ti',. e. !'z? ?'??'?,,±: ;.ii?"?` j.•J? ; ?? •rz ? e z 1 ?ti a ' yir'n?J}??p'k r'? ?:a?r?w <•{{f'7.f;.s ?'iY?'i :?.L h !V.- advertising posters, billborads or other signs or structures of whatever description shall be erected or maintained in such areas or within 500 feet therefrom; Section 9. TEMPORARY USES. Nothing gerein contained shall be construed to prevent the erection or maintenance of temporary . structures incidental to the prosecution Hof public works or to building operations, or, in any other than Residence districts, for religious meetings, open air gatherings, tent shows or other purely temporary uses or purposes; provided that a permit therefor be first procured from the BtLilding xnspoctor. Suich a permit shall be subject to revocation by the City Manager. Section 10. NON.-CONFCRMING USES. The lawful use of a building existing on the effective date of this ordinance , or authorized by a building permit issued prior thereto, may be continued, although such use does not conform with the provisions of this ordinance, and such use may be extended throughout the building. No non'-conforming use shall be extended so as to displace a conforming residential use. A non-conforming use may be changed to a use of the same or higher classification according to the provisions of this ordinance. Whenever a district shall hereafter' be changed, any then existing nom-conforming use in such changed district may be continued or changed to a use of a similar of highest classification, provided all other regulations governing the new use are complied with. Whenever a non-oonforming use of a building has been discontinued or changed to a higher classification or to a conforming use, such use shall not thereafter be changed to a"'-use' of-a lower alassif cat s it f. .1. •SSl ):. j?. it? a r'. .}'• .1' , 14 ?k ?'s, .p?,S??• .t4•.' `''.'. .i<.:. 'ati Jay i.. --8-- damaged by fire or other causes to the extent of more than sixty- ;; . • - five per oentuin of its value shall be repaired to rebuilt except i ' in conformity with the regulations of 'this ordinance. + Section 11. LOCATION AREAS AND VOLUME OF DWELLING AND APARTMENT HOUSES. (a) Building Lines. The building lines indicated on the said `. f s !': map are hereby established as the building lines in Residence distviots. t ` (b) Where a block is occupio(x or partially occupied by buildings at tho time this ordinance become effective, the average of the 1. { l tt3?•' 1 1 -A, ': =_ . distances from the street line to the front street walls of such buildings shall be the established building line. Lots occupied by buildings designed for residence uses permitted,in, a ,Residence district, unless the aggregate frontage of such lots exceeds 50 per cent of the"total frontage in the block, shall be considered as though .vacant for the purpose of establishing the building line where located in such a district. (o) Location of such BuMdings. No building shall be occupied or.used., or erected altered or extended, or any structure whatever be erected or maintained so as to be noarar to the street line, or , if on a corner lot; nearer to the street lines, than as so indicated for the given lot nor nearer than tijreo (3) feet to either side line, or rear line of any lot. But one dvolling or apartment house shall be erected or occupied on a single lot. (d). Vo building for auxiliary use in such a district' shall be nearer to the building line, or if on a corner lot nearer to the building lines in either direction, than one half of the remainder of the depth of the lot. (e) Area and Volvme. No building shall be used or occupied, or erected, altered or enlarged for.R uses, on premises less in area than twenty-five(25) feet by one hundred(100) feet, nor shall any such building contain less than sixteen hundred(.1600) Cubic feet !f.- 'on the ground floorftj each individual occupant. Section 12. MISCELLANEOUS RESTRICTIONS. (a) Billboards, . E i .730 g No billboards, posters or other advertising signs or structures shall be erected or maintained in a Residence district except as herein specifically permitted or in a public district and in no case within 500 feet of the-Cityrs main approaches and highways including Fort Harrison Avenue, North and South, Betty Lane north of Drew Street, Cleveland Street, North East Cleveland Street, Drew Street, Tampa Boulevard, Park Street, Druid Rd, west of the ; Atlantic Coast Line right of way, Mandalay Boulevard, and-the f rights of way, stations and yards of the Atlantic Coast Lind or f the Seaboard Air Line Railroad, and none along the approaches to or on the Causeway. t ,. ,`,;i•F' :'" ;;` No such billboard, poster or other advertising sign or structure shall exceed thirty(30) feet in area, be nearer than six feat from any building or any side :Lot or in the absence of a building line, within. /fifteen feet from any street, or shall be nearer than three feet from .n ` the ground, or higher than six feet from the ground, or shall be of other than fire proof material or incapable of withstanding an effective wind pressure of 80 pounds to the square foot, and it shall rest upon supports and foundations not subject to rot or rust or other forms of deterioration affecting or tending to effect the security thereof. No non-conforming structures of said class shall be altered or extended except in conformity with the provisions of this section. (b) It shall be the'duty of the Building Inspector to examine from time to time all existing billboards, posters or other adver- tising structures to determine whether or not they conform to the L requirements hereof and if not, he shall cause their removal, (c) Filling Stations, Repair Shops and Public GaraEes. ,rnMy:J9 No building or premises shall be occupied or used or an building be erected, altered or enlarged to be used or occupied, as a gaso- line and oil filling or service station, repair shop or public garage !> in a Residence district and in a Business or Manufacturing district t ?. +??,?}.,•?s°Sid-ti"??l;i.n.;+t?`_i?:r;-;,1'.. _i a"i_ ..r,:. '`FEE only with the written consent of the owners or lessors of the ?'f%?'???'y,Gadt,'p.?'F)yu'f*?rN,?-Sye,?•?. °f. .} ,'•, .y,+;.1's.: t' F ',°' `'{xt property on both sides of the street adjacent to the said block kr ,''r`ye 4f%"`x1.1-?"K, first procured. and filed with the Building Inspector. 731 s ' (d) Offensive Business or Manufacturing Uses. No use otherwise permitted by this ordinance shall be utilized or availed of for purposes calculated to create a public nuisance, unduly to increase fire hazard or traffic conjestion, or to endanger the safety, health morals or general welfare of the City of Clearwater. (e) Airports and Aviation Fields. No smoke stack, flagpole elevated tank, radio masts or station building or other structure or obstruction to the operation of aircraft of a height of more than fifty(50) feet shall be placed within one thousand(1000) f-et from ?' r•:1 the exterior boundaries of the Municipal Aviation Field in said City. (f) Multiple Garages. Multiple garages shall not be erected, maintained or occupied or used in any of the areas classified by i; F this ordinance, except such as may be incidental or auxiliary to M uses end within the districts allocated on said map to such uses. (g) Tourists Camps etc. None of the uses elassifiad in this or- dinance shall be deemed to include a cemetery or a tourist camp, } or cottage system having common facilities. ? Section 13...ADIAINISTRATION. (a) The administration and enforce- } `:`4•_ went of this ordinance shall devolve upon the Building Inspector i ; };r, } • ,,.rs,?;: f - , of the City of Clearwater; or. ,in his absence or disability, upon such other officer of like qual.ifiaations as way be appointed •.` }`tit according to law. • s. (b) Such Building Inspector is hereby empowered, and itshall• be his duty, to administer this ordinance in conjunction with the administration of the Building Code of the Citv of Clearwater in ' such a manner as to facilitate their point administration. For ' the purpose of:enforcing this ordinance the authority vested in hint f under the said Building Code is hereby declared to be vested In him ` ;.:''';•.:.',?e ?`' ,;_ t under this ordinance. ?.3 3 Inease of a conflict between any of the provixions'of `this ordinance and those of the Building Code In a given instance, . V, ?•?. T`Y;r3.:` ; the more restrictive of the two shall govern. ._. t :. ' ?' '?f'r'1ggI? lf?`.±'^'.i .1}` 7e `v.l?{}}?;:.,? .f 3t;; .•Ty. •, ti',' .4 yt L'•^? ° •? ? .R; ..? ?f E rhi f!y{>?{.`'?,'.?§.. .`s. :i. ._ ' "mr .'^"r°! e .. :. .. ???? ? ,I' ., ;?` ref`. 4, r''•{ ?'a , 7 ' r^' ir• 732 - f 1 ' _rllrr 3 f Section 14. CERTIFICATES OF OCCUPANCY.-PERMITS. (a) It shall be unlawful to use or permit the use of any building or premises or part thereof, hereafter created, erected, changed or converted wholly or partly in its use or structure, until a certificate of occupancy, to the effect that the building or premises or the part thereof,•con- ' form to the provisions of this ordinance, shall have been issued by the Building Inspector. No permit for excavation•for, or ? erection of, any building, or part of a building, or for repairs to, ? • or alternation of, a building, shall be issued until after asuatement ; of its i ntended use has been filed with the application. No change or extension of use and no alterations shall be made in a non- conforming use or premises without, a certificate of occupancy having first been issued by the Building Inspector that such change, extension or alteration is in conformity with the provisions of this :' r .. ordinance* :°' (b) Certificates of occupancy shall be applied for at the same time that the building permit is applied for and shall be issued' within 10 days after the erection, or alteration of the building shall have been completed. A record of all certificates shall be 1 4 kept on file in the office of the Building Inspector and copies shall be furnished upon request to any persons having a proprietary or tenancy interest in the building affected. " (c) Each application for a building permit shall be accompained by a plat in duplicate, drawn to scale and in such form as may be prescribed by the Building Inspector, showing the actual dimensions -of the lot to be built upon, the size of the building to be erected, and such other information as may be necessary to provide for the ' 'E 1 enforcement of the regulations contained in this ordinance. P. careful record of such applications and plato% shall be kept in k the office of the Building Inspector. (d) pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued fora period not exceeding ^= w?'; six months, during the completion of slteratione or during partial m building pending the completion. Such temporary occupancy of „o N certificates shall not be construed as in any way altering the ,respective rights, duties or obligations of the owners or of the city relating to the use or occupation of the premises or any other matter covered by this ordinance, and such temporary certifi- cate shall not be issued except under such restrictions and provisions as will adeq uately insure the safety of the occupants. ; No temporary certificate shall be issued if prior to its completion , the building should fail to conform to the provisions of the ? Building Code or of this ordinance to such a degree as to render it rl " unsafe for the occupancy proposed. (e) Completion and Restoration of Existing Buildings. Nothing herein contained 'shall require any change in the plans, !• `i construction or intended use of a building for which a building permit ' ' ':'4?:'. sN 'r+ '„` .r:;'??:k'_`.t..,",' ' has been heretofore issues and the construction of which' skull have been diligently prosecuted within one year of the date of such permit and diligently prosecuted to completion. , Section 15. ADJUST14ENTS AND RELIEF(a ) in a particular Whero , . instance, there are practioul difficulties, unnecessary hardship, 0, ... ; ;'• : . or an injustice in carrying out the strict letter or application of any of the provisions or regulations of this ordinance; or where,it be found that the safety, health, morals and general welfare of the ''`' city of Clearwater would not be subserved b a strict interpretation or application thereof; or where a reasonable doubt may fairly arise ,,;; ' •:' ,}'' .' as to the interpretation or application thereof; or where an +' illegality would or might rasult; the established Zoning and, Planning Board of the City of Clearwater shall have power, and it shall be the duty of said Board, to determine the proper intent, interpretation or application of any of such provisions or regulations,: and to grant relief in the premises; so that the spirit of this or- ? dinance shall be observed; public safety, health, morals and general }•.; .-,.. ' ?' , ; ? welfare secured, substantial justice done and litigation avoided, (b) Appeal subject to such rules and regulations as the City `''+ k«t<<'k4' Commission may adopt from time to time a review of the determination of the Board b the City Commission may be had at the instance of an agrieved party; provided that written application therefor' ' ' , f?..','c ' ;".; `'.?' • . j. :., is ? J}. I' I? V i'?y. V:7' "el i ; .t ! Ss?fj{ • : ` . { r1 +'' !'j, i s .l r}:?!'.• a '..}il''Y. .:':-! S, + --13-- „ 734 setting forth the grounds for the appeal and signed by such party or his duly authorized agent, bo'filed with the City Auditor and Clerk within ten(10)days after such determination. Section 16. FUNCTIONS OF THE ZONING AND PLANN114G BOARD. (a) The Zoning and Planning Board shall select-, from its members, a vice-chairman, who shall act in the absence or disability of the Chairman. The City Auditor and Clark shall be tb.e Sectetary, whose duty it shall be to stLend all meetings and take and keep, subject to the.eall of said Board, the minutes of its proceedings. Such minims, or a copy thereof or of any portion thereof attested by the said Secretary, shall be evidentiary of the matters and things there- in recorded. It shall prnvide for regular, and special greetings. Special meetings shall be called upon the request of not less than three members, and upon not loss than forty-night hours notice. Four regular members of the Board shall conatittis a quorum and a majority of those present shall control its official action. It shall adopt from time to time, such rules and regulations as it may deem necessary or desirable for the performance of its duties and for the conduct of its affairs. (b) Exercise of any of the powers for relief &nderfbe preceding section may be initiated by written application by an interested person,' or by the City Manager, or on motion of the Board itself, and shall be"had only after a public hearing; at which persons interested shall be afforded sin opportunity to be heard. Public notice.of such meeting, stating the time, place acid purpose, shall be given by publication thereof in a daily newspaper regularly published in the City of Clearwater, for at least two consecutive publication days,, Except where the Board proceeds at the instance of the City Manager or on its own motion, the cost of such publication shall be born by the applicant.. (c) The Board shall also hake the power to review the action of the Building inspector to determine whether or not it is in accordance, with this ordinance, and to take appropriate action. (d) The Board shall propose, to the City Commission in 'ordinance ,1 =ij s. .?µ .i,? . '.', , • 'fi' ? G ; x ;' • ' " ! « . ?4F j jyJ'3 t 'I HI 63 ---14-- `'735 form such amendments of this ordinance, as it may, from time to time, deem advisable, Acting through its Chairman, the Board ' shall have power to appear before the 4?ity.Coimdssion.and shall be hoard in support thereof or for or against any amendment.' however proposed, to this ordinance. # Section 17. PENALTIES AND REMEDIES. (a) Any person whether as principal, agent or employee, violating any of the provisions or regulations of this ordinance shall, upon conviction thereof in W the Municipal. Court of the City of Clearwater, be punished by a fine not exceeding $200.00, or imprisonment not exceeding sixty days; such fine or imprisonment, at the discretion of the Municipal Nudge and each dray of duration of such violations may be considered as a separate offence. (b) In ease any building or structure is ereated, constructed.,'. reconstructed, altered, repaired, converted or maintained, or army building,.structure or land is used, in violation of this ordinance or of any other ordinance or lawful regulation, the proper authorit- ies of the City of Clearwater, irn addition to the remedies herein provided for or which by law may be. available to it, may institute any appropiate action or proceeding to prevent or restrain such 4 threatened violation or to impose a penalty for such violation, or to restrain, correct or abate such violation, in order to prevent the occupancy or use of said building, or land contrary to the provisions hereof, or to prevent any illegal act, conduct, business or use in or about such premises. r. .. Section 16. VALIDITY CP ORDINANCE. If any section, paragraph, subdivision.elause, sentence, provision or other part of this or- dinanoe shall be finally adjudged by any court of competent jurisdiction to be iinvalid, such judgment shall not affect, impair, invalidate or nullify the remainder of this ordinance, but the effect thereof shall be confined to the part immediately and necessarily involved in the final determination of such oouru. Section 19v INTERPRETATION. The headings or captions to the ' several seotions,of the ordinance designed more particularly for ?aonvenienae shall. not be construed in any, >r4ay to lim?it.or c?ualify . i i I 1 t i 7.7] : ''fr, ',. , , .. „ 111111??^.wr:ri?YwX:?f::.`'.G.'.115:.?:....-.:atin+. ». ...... ,r ,. .. a ... • ? .. ,. ..., .,. : r.:. .., ,'t';<. 1 , . . F' 1 v s. E the sections to which they respectively apply except where inoorpor- ated by referenco or necessary implication. It is not intended by this ordinance in any way to abridge or to supersede any existing and enforeible convenantial restrictions running with the land with respoct to the character, use or location of buildings. ,..; Section 20. WHEN EFFECTIVE. This ordinance shall take effect { : from and after its passage and its approval by a majority of the y qualified electors of the City of Clearwater who are freeholders within said City., voting at a special election to be called and s :t Y held at such time and in such manner as the City Commission may ?- proscribe for the purpose of determining whether or not this ordinance shall go into effect. Passed and adopted b the City omnLigs a of . °? by C ?. n O the City of Clearwater, this 14th day of April, A. D. 0 1932. H. H. Baskin :.` s. Mayor-Commissioner' ATTEST: J. E. Satterfin1-d City Auditor and Clerk, ,. ;:k••'?1.:'e1.? .. tnF 1?r '.'ii 5.'4,•4,' ^i.• !. ,rlr •? I'L: .`. ;L..a ' ice' '{':-•'. 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