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SAND KEY 1974 SAND KEY PUBLIC HEARING SUMMONSSC~~,~ 1974 SAND KEY PUBLIC HEARING SUMMONS- RE: CHEEZEM DEVELOPMENT CORPORATION US STEEL THE CITY OF CLEARWATER WAFERFRONT REZONING • AGENDA CITY COMMISSION REGULAR MEETING JUNE 3, 1974 1;30 P. M. ITEM Invocation -~--i'rrt~ca.duc-ta-ons''" - ~ Minutes of Preceding Meeting -May 20, 1974 Public Hearings ~J ~ ~.- - etermine--whether-to revoke Lie-ense or-deny the IZe=.Lss.uance Adult-Book-Store,-900.__E.ti__Cleveland -Str.eE-t_-(_purs.uant_to__Court Order re -Transcon,_..Inc.. , vs Cit_y~f C1.earwater) -~-' `'' S./Violation- of Soothe-r--n-Standaz-d--Buirding Cod~~7-N: -`-~'t:- arr.i on___(Makroyllos) ~ ~/~ ~-final-Plain =-S of-SR580;--1 /-3-xni:-~~W-of~US19, N of ~~ --Gount-ryside-Blvd. ; US_Home J ~~-:-- evision-of WaterRates J Reports from City Manager ogt o~-T~ivng~--Wage AdJ•u-stment--for-Ciassi-fied :Civil -Sex`vic-e-Employees 9. Agreement for Use of Florida Power Property a-0. Proposed Woman's Club Easement Agre~1ment • Jonathan!s_.S.i.tney.~..T_ermination of 5ervice__r--- f'" ~1 Request for Occupational License -Sale'' ~bf Recon - ditioned Major Appliances, 315 S. Grt~enwood (M~.rshal 13.ti Request for Zoning Change -Lots 1 & •' Bl E, L ~ke- vie~` Hgts. Subd. , from RM12 & PS to C '~ ~(Stone) 14. Bi fs; :~ a 6" Cast Iron Pipe for Inventory, Low Bid - L'T"S,~ ipe, 42, 880. _.-~ • Fork Lift for Sanitation Div. -International ~_ . Harvester Co. , $10, 500. -~ 5 ~ ther Engineering Matters j -1`-syVReports and Other Pending.Ma•-hers f~` Pending Reports from City Atto.~y ~~ ; ,~ ~ r s ACTION 1 C C~. ~~ ~~ ~ ~r ~~~- •~~ a~~ .. .~f- 18. Pending Reports from Mayor' -~ 1~. -Other Commission Actions / `~ 20. itizens to be Heard f'~~ °"" ~~ ~r ~~ G~ ,' ~,L,dz~i/ 1 ~x. - i- _~~ ~ _~ .. ~' • ^~ Agenda Contd. Reports from City Attorney June 3, 1974 ,I ~- ~CTlA.i%~` < 21. 2nd Rdg. -Ord. #1500 -Authorizing Condemnation Proceedi _ . 1st Rdg. -Ord. # 1510 -Amending Zoning Atlas & Zonin I ~ ~' ? ;L% Ordinance of the Cit ~ ~_ 23. 1st Rdg. -Ord. - men ing ec. - ~ relating to Intoxicating .Liquors to enact a New Zone 19N 24. 1st Rdg. -Ord. # 1513 -Amending Sec. l I A -4 of Code `~ ~ - relating to Housing, re Procedure for Noncompliance b ~ Owner in Minimum Housing Violation 25. 1st Rdg. -Ord. # 1514 -Amending Sec. 7-2 of the Code i ~~ and Section 103.4 (7) relating to Unsafe Buildings of ~ _ i the Southern Standard Building Code, re Procedure of" r ~ - Noncompliance by Owner ~st Rdg. -Ord. 1515. An exin & Znoj~ing Portion of~----_-_ Sec. ?-29-16 27. Emergency rcT: # Ame ding Chapter 14 of ~ o e ~ to prohibit Night Landings of Airplanes "-2,8:'-Resolution =Affirming Building Official's Recommenda=-~- i tion -Unsafe Building Violation-707 N. Ft. Harrison 29. Resolution -Dedicating R /V~~ for Countryside Blvd. 30. Resolution -Assessing Liens for Lot Clearing Charges 31.. Authorizing Execution of Addendum to Agreement - Religious Community Services, Inc. / 32. Acceptance of Deeds & Easements 33, Lot Mowing Resolution ; . ~,.<,~ [~ lJ 34. Adjournment L ~ ~ ~ MOTIONS RELATIVE TO ITEM #16 COMMISSION MEETING, JUNE 6, 1974 Commissioner DeBlaker: ....So, therefore, I would move that the City Commission, under Section 79 f the Charter and Sec- tion 34.07 of the Zoning Ordinances: 1, Instruct the Planning department to file=immediately - maybe his afternoon - an .,app.lic~ation to_rezone this particular pie. of property back to its. original zoning in 19'6~8`of-RM-12 ; 2 ,, Instruct the - ----- ------ --- Phanning Department to file applications for rezoning o __all of zoned properties-and this is one of a number-_lying1 within ive hundred feet of the mainland waterfront not curt en~-ly being used commensurate with zoning to a zoning comer e~nsurate with present use and , nstruct the Bu~.ding Departure- n-t not to accept for consi eration any applca it on for_bu_il`dng_permts on these particular properties so desig- mated by the Planning Department until Public Hearings h va e been held to consider down-zoning..:I would-emphasze-thaf' ~ am~~t-moving to down-zone, I'm moving to hold Public Hearings on particular pieces of over-zoned, spot zoned property within five hundred feet of the mainland waterfront. Later in the proceedings: Commissioner DeBlaker: I would move that the City Commission, under Section 79 of the Charter and Section 34.07 of the Zoning Ordinances: 1 Instruct the Planning Department to file immediately, an app-Iication to rezone his particular piece o_ f property (~4meaning the Bleakley property) back _ o its ,original 1968 zoning of Rm-12;(;duplex_apartment); 2, Instruct e Planning Department to file applications for rezoning o ,al.l_ spot zoned properties. dying within 500 ft_, of the water- fsoJnt, not currently being used commens_urate_ th_zoning,, to a zoning commensurate with present usage; and 3~~Instruct` .,.the Building Department not to accept for consideratio- n any .applications for building ,permits on these particular prop ernes so designated-`by-the Planning Department until Public ~~iearing have been h-el"d to consider down=zoning. ~UL F a ~o 0 ~ , \ 11 q,~ ~ a 4 TF '~~ OF a~ N n I{o r m' - ~ f o ; ~ ~ 7 .~ ~ _p _..~ - a ao. -:o~~~~~~~a~ao~~o6D~o 6p~l~J o o: _ F~ ~ o: nllT~ .~ .l ..f,.•.. ~~~~ n49o. ~c~~c~a'd~o dpppA~'O~4~o.I -j e. ^~G d a f . a ~ ey v ~F c;oso;~•~ ~~ ~ f 'f N i " j aA"" ~ a Gq t r 1 • I a ~~~ '~ ... " ~S a` a .,5~ ~d ~ f.. Odd ,MHO f dASI ON ~~ h'ARg pR ST, /OSEPy ~: ~ ':U IJ'L1U~U uu u° IK ° ~~~ i j~; ' o:o o:o' o ^ ~J ''f M[A~p 1n ~O'U ~•~ DA r ~l~l~ ft0~. :' n ' 1 i SI 191 SWTx AORi NIR9iSOx n Iv( o ~ Ili V• ;O ~.,a Irk.-r,I =o a° 0 ^ ~ R ~a,o 0 0:0 ~ D oofD: ~p`°~oe ° , t °o.~...~.o~ .~~o~xl' .:o. ~~DDODOD as ~ ~ 1p11918 n~~ •\:,~ s .0 D Di ~. IV( r, n•r- .~• J ~, r- J ~ LJ ~U: I -.~ a O. ~~ u .,.~<~ ~ ,n ^~`' ~ ~~ ^ci`i~ n I l I J lJ`~I~ ~ ~91-.~"~ U U '~J'~;U~~~:~, U -~ ~O:D~O Cie ~~~ 1 G~ .., ~_''~~:~ °l-~~ f ~;:~, ~ , - ' ~: J ,~ ' ~- ~. C~;f _- _, ..--~r.~ '-, r, r-, .,a°avr--, Ivc~.. _,-,d-tr1 I-'_ l f__.l~ ~_n f ~- ~5:~.~ n.n n..n'a_C mil l,n ~~=~, 1J ILLLJJJI UJ , ~ ~; ;;:~~-- ~~ m ., o~ c~ Zc ~Z ~, ,~ a __~ o 0 ~i 7•~~. ~ P ~ c ~ .. ~ .f • • ~..~ 6 C 7 ~o 2 LEARWAT ~1~ OIN 10121 CONDO. 5 ~ oRO. ISC9 - . ~o.~s ~~ p Q $ 5 pater , FiQ p /Y1 C G -l-o ~Z W~ - z 8 o R D 16 3 l S E C 7 6 Al / / \ / 52 i X 60 r _ ~ (~ a AL ~~- .•. SO 49 ~8 loo d N Y N Q 3 d. 1 ~ I s . Z ~ a J N - Z 1589 ,io.7c I ~' 67 r o~ ~ ~~ ~q r[~. Q I 4 N ~ O ~u y2 ~ SEA ISLAND sis SOUTH CONDO.Iff 21-45 700 ISLAND WAY CON 0. II 2 - 20 logs OHO. 1606 .I 4•T6 {n W ~ \ ' ~ / 39 N a ~~ ~ ~ 60 ~ r ( N Q o ~ z ~ a o I r N ~ Z N Q W 1 N ~I I~ O ~R o r~ G it= ~(v ~ S _ 7 5° 1 6- I10 a it ~, 700 ISLAND WAY ~, I CONDO• le ;\.\ 1 ~ i ~ o e- Z a t- , ~ - , N z 7 ss ~ 23 2 oR~ X589 4~ i ~7 S~" ~ . ~ ~ ~. A // 6 I ~ T 2 O •(r~1 ~ w. •. Y, ,i -j~ -.-- -~ 11 2 I I 2 r^ ~ y I I I f ~~'~\ }jl G 0 R R A SUB. I -aa •~ ` g 4 Q 1' vat. NICHOLSON ST. \\ - \ - 1 ~ /'- ^- 2 3 1 3 I O I I ~J I \ '`~ 2 ~ B O ~ \I s~2 6 '27 !c/ CD I ~ Is CI e ~ Q - own f ~ ,g 6 = g r IS41 u as ~ - _ - ~~~~ S T. ` J ~ - I e ~ I P W~ ~ I SR44 (52 I t~ .~ ~ 12 7 ~ 9 74 ~ I -1 ~ ~ o v I I ~. ~ h a I I R o ~' a s ~ LI ,~ I i, J w.< 5 I ,__________ r... I oao ELDRIDaEI~ TOWN EL GE ST. I-- Isal ------- I I 11.'~ 60-8'7/ 9 12 24 25 ~----------' ~- 2 L--------_ oRO. I -• - j' 3 15 4 B I D 1 2 ` I - OAK WO SUB. +- I 9 ~ II 7 ~If I--- ----- - - I - I I / / /~ g HARBOR BLU I WATERFRONT I - CONDO. 16ps i 21-31 sus z 5-76 I----------- ~ GEORGIA ~ II 8 7~ I ~----------1~ C Tf-E -, I 3 L I ---------~/ II I-64 - 4--`- L--------- // I ~ I----------- a -- I ~/ vac. r.•. w. •. ~------------//- A I !(/ L U T Z BERGEN 1----------- ~~ 3g• 76 9 1 2 3 9 I v.rr o~ got 1 I 2 O REPEAT ~ I I J O N E S HI 13 8 A-41 ~~' l l JONES T. ,I w.• ///'''O°~~~ a 2 H Y D E N % ~ ~ ~ of I H 6~ 4 e W ~ ~ KlxosroN a 0 6-6g /~ ~ 3 °! '/` °!' ° DREW 5T I-46 19 30 - I 9 NICHOL ON 8 SLOAN 4 1" 8 s 6 HARTS 2nd. ~ 3 -47 6 5 i g 9 10 j 1 HART ST. I z i 3 9 6 ~ w,•. FT. HAR ISON ~ I 5 ~~2oM c ~ ~' ~o ,~~ i2 - ~6 - 25/ 3 - or2~ i sy/ ~vvv '~Y . . H L 0 u 4 W i 0 b • R P T1 OF B SDE SU #:~ _\ ''.,i1 33 20 ~ ~ ~ ,\ 30 _ uE _ _ _ OR. - - 30 ` - -- . o / 0 t~'~-l- WATER SOT- • ,Q . 1 t- ~ ~~~ - .o B3 ~` ;) ~s - 4 ;..~ il~B W ~ .~ L C_ ~ ~ ~ o till. ~~~/~ ~ V S, ST~~ is a question of ownership, the City probably owning part of the property in question, and that there might be (~~ violations of zoning, regulations there, and this involves txie,~ City's loss of tax revenue. Some discussion ensued about ~~'s~'~-- particular areas to be included in this action and blanket ~. coverage in these areas. She moved that the City Commission, ~~w76 under Section 79 of the Charter and Section 34.07 of the Ton- ing Ordinance ,r..(1) instruct_the Planning Department to file immediately an_applicat_ion__to rezone this property fo--its ~~~~~~~~ orip_n`_al~ RM=1.2_zoning; and C2) in_st_ruct__that _departme_nt~o ~~'~~"""'4 '~ rfile a lications for rezonin all s o_t_zoned ro erties 1 in PP g ~ P P__ Y g i~.ithin 500"'ft. offtfie-_wat,e_ rfront not currently_ being `used _ ~`` commensurate with zoning,~to a zoning _commensurate__with present use and;--(3)-"`instruct the-Building Department not_to accept f,Qr~°considerati~on any application for building permits on these particular properties so designated-by the Planning Department until public hearings have been h_eld__ to consider down-zoning: Commissioner DeBlaker emphasized that slie-had of-moved to~down-zone, but to hold public hearings. Commis- sioner Rankin seconded the motion, which carried unanimously. Commissioner Rankin moved that, to conform with City fire-fighting capabilities, the Planning Department be instruc- ted to consider and prepare _as_soon__as possible ,ari ordinance°~-` changing the_C_ity's zoning, regulations _and _limiting the max- t~mum height of any building,_except in_ the central business-~ dust-- rict;~o 80 ft. Commissioner DeBlaker seconded the°motion, ~wh~ich carrle3 unanimously. Commissioner Rankin then moved that the Planning Depart- ment be instructed to make a study of reestablishing density standards across-the-boa`rd~-"so-the~maximum"density will not e exceed 28 units_.p.er acre and- t~iat_a_:pubTic hearing be held- regarding an ordinance to this effect. CommissionerVDeBlaker seconded the motion, which carried unanimously. Commissioner DeBlaker moved that Mr. Bleakley's request for a Public Hearing regarding quit claim deed be denied. Commissioner Rankin seconded the motion, which carried unan- imously. Commissioner DeBlaker moved that the Commission instruct the Planning Department to recomrlend_down-zoning for other areas.,~within 500 ft. of the waterfr_ont,'.ha_Y_ing__zonirig_cali,ich i_s n_ot commensu_ra~e-wit~i present,usage_ to _a zoning _more .commensurate with present use, paying immediate attention to areas which, as'defined~by-the environmental planner, might b nvir no men~all~ endangered; and-that-ric~building_permit~ ~p~lication be accepted for a ~ of~t}iese areas until the Plan- ; n,,ing Department makes its recommendations. Commissioner ' Rankin seconded-t7ie moflon, whic carried~.inanimously. Mr. 4~Teimer . Assistant City Manager 4~eimer noted that the City Manager recommended holding a Briefing Session, on June 10, to gather Commission input about the 1974-1975 City budget, especially regarding population growth, inflation and program emphasis, and to discuss the current status of housing projects and their funding. By consent, the Briefing Session was scheduled for June 10. ITEM #19 - Other Commission Action. Commissioner Rankin. Commissioner Rankin reported receiving complaints about concrete piling up on Edgewater Drive. He asked about the status of the beautification and about the sewer line from Sand Key and the south part of the beach to the Marshall Street Plant. Mr. Paroby said the beautification is proceeding but the staff must complete an application to the State and stake out the bulkhead line survey, which will be done very soon. 8. 6-3-74 recessed to 6-6-74 r,., r t • TO: f 80144: COPIES: Mr. Picot B, Floyd, City Manager Tony Shoemaker, Asst, City Mgr. C~ O-F ~LEA~VVA'~ER lnterdepartm~nt Corr@Spondenc Shaet Request for Clarification -Zoning Actions -City Commission, June 6, 1974 SUBJECT: DATE: June 17, 1974 This memorandum has three purposes: the first is to inform Mayor Hougen and Commissioner Carwise, who were absent,' about the .actions taken by the City Commission at its meeting June 6, 1974, as directed by the Commissioners at that time, This second purpose is a request for clarification of those actions to insur. e that the Staff understands the intent as well as specific directives to the Staff regarding these motions. The third purpose is to advise the City Commission of the action the Staff has already taken regarding these motions. This request for clarification does not in any way reflect a staff position in opposition to the actions of the Commission, but is to insure that we understand the specifics and intent. According to the verbatim transcript of the June 6th meeting directing the -Staff (specifically the Planning Department) to take action on zoning matters and zoning studies, the following motions were passed: I. Under Section ?9 of the Charter and Section 34. 0? of the Zoning Ordinance the Commission: a. Instructed the Planning Department to t~.le immediately an application ~to rezone this particular piece of grope rty (meaning the Bleakley property back to its original 1968 zoni:tg of R - -2; b. Instruct.od ~h _ lanning Department to f .le applications for rez oni_ng of all 'spot-zoned'~proper--ties lying witYin 500 feet of the waterfront, not currently being used commensurate with zoning, to a zoning~com- mensurate with present usage; and c. nstructed the Building Department not 'o accept for consideration an}T applications for building permits on these particular properties so designated by the Planning Department until public hearings have .~. been held to consider down-zoning, (Motion passed unanimously, 3 - 0). . Instructed the Planning Department to consider and pr_epar.e as soon as possible a change in the zoning ordinance that ~,w ul~ unit hei~to eighty ~ ~(80)~f e~ of any building (~excludi g=CB~~ and to set a pu zc earmg, (Passed 3 - 0). _, 1 f~ IV. Denied the request to place the quit-claim deed relating to the Bleakley property on the next agenda. (Passed 3 - 0). II Instructed the Planning Department to make a study of re-establishing density standards across-the-board so that the maximum zone will not exceed 28 (excluding CBD). (Passed 3 - 0 ). Instructed the Planning Department to recommend down-zoning for other areas within 500 feet of the waterfront (that would include the Beach) having zoning more commensurate with present use, Spaying-immediate- `atteiiton=to erivir-onme-ri.tally-end•arigered~areas=a•s--defined-~by~Plarine-r-s'. phi o-bui~ldin-g,~p_er m-t.~a}~plc ationsYar ~~to ~b e°ac c epted~f or~the s e ~ar e a s `until ~the~Planning Depar.tn~ent~makes~its~r.eCOmmendations-wthin,>a-•reason-able= Mime: ~ larification of Moti ns As indicated in the verbatim transcript, there was extensive discussion regarding these motions and in some instances, some of the comments made were not specifically included in the final motion passed that actually were intended for inclusion, The Staff has, in carrying out these•instructions, made certain assumptions which will be pointed out for clarification by the Commission. Further, in some instances the motions did not specifically provide guidance to the Staff in answering particular questions, In motion No, I the word 'mainland' was eliminated and stated simply: "spot- zoned properties lying within 500 feet of the waterfront". ASSUMPTION: ' that the term 'waterfront'~refe~s'-specifically to~that proper-ty-on-Clearwater ~ay;~Tampa-~B~ay, I~-land Estates; C`learwate~ Beach=and~S-and Key=- but not fresh bodies of water, A question was raised during the discussion of this motion concerning Turner Street, The Planning Department has reviewed the area south of Turner Street, zoned RM-54A, and because of its size as well as mixed use under the zoning, has difficulty in defining that as 'spot-zoned'; This question is of great concErn to the Staff since, as you are aware, Robert Couf, who owns a parcel of property at Turner Street and Lime Avenue, has been told by the Staff that the City cannot 'accept site plans for his proposed development until the City Commission indi- `~ Cates that it shculd or should not be classified as 'spot-zoned'. The=definition ~, ef~spot,~zoni-ng~d_sous-sed~by~the_.,Commssion~at~that~•meeting=was clear, However,,. <it~ddIInot-r.efer_to a.~sp:ecific. size~of::are~a;,that_would._or_-would-not be_ 'spot-zoned!.. ', ~ - - - The~.zoning„ordinance;.-adoptednby~the~Commisson.n E'ebrua_ry ;1:97.2, indicate that '~s ~t zonin "~ ~'eneral~involves ail area o ~less~ hari 4 acses~which ~gYV"e~~: pe~ah piwileges~tovonl'yyazfew~ove%the~i~ghtsiof,,.oth~e_rs__in~the:rriinediate area'; The area south of Turner Street is substantially larger. The Staff requests that the Commission indicate its desires as tow ther that area south of Turner Street is 'spot-zoning' or should be considere y the Staff as an area for further analysis in the establishment of over -all ensity cap of 28. _ ~~ .. J ,. r ' ~ -3- ~~~ /_ V Motion LI instructed Staff to prepare an ordinance as soon as possible that would limit the height of buildings to 80 fe t. A55UMPTIONo Although not specifically included in the- fz.na_1 motion s passed, th=e~C_ommi,ssion-did~indi~-. .~cate~thattt~e~CBDr hould~be:~cluded, wand=the;Staff-has assumed=that-wa the sCbmmi~sson'~s=intent. The Staff is,,f rther assuming that the CBD is that-~:r~e~-' defined by the City (which is smal,,l'er than the Downtown Devei.op~ Board's sry delineation} and not that delineated for the Downto ` evelopment Board. We have also made this assumption for Motion III The Staff requests further clarification regarding the Commission's intent of this motion, Although not included in the motion, the questio ha r sen"~.s to whether the s ecific in- tructions on Motion I and IV of n t a e tin buildin ermit a lications until _ _ -- ___ after the ublic hearing was also t _~ e t nded to theses ecific motions limit- -in height and density}. ~~ / `If the intent was not to accept(°building permit applications there are a number of problems that need to be reso ved~In at least two situations during the past year, developers had come in wit final si e~la,,~~;;s for approval prior to the moxitorium which met legal re~~:re entse I~o~i'e er (these were withdrawn at the request of the Staff to lower the h 'ght 1 ~a -ns. These projects would therefore have been approv~-~if the dev~lope s ad not agreed .to work with the City in modifying their pldns. Would thes~projects now be eligible since nego- tiations have been ext~ed over the past yea~~with the developers having shown good faith? h~\S~~ ~~ , `If-the~Gomm`ssion de-sire :cept=building per-mituapplicatons h t ~a.n did en s ity=r e du e-ti on s=(.M oti-on-s j4~P~nd~i'~!},-~questions~ar:eA~ ~`o•d~,4abbaz`t~~hose:develop~nents.for~which- plans~wtre• under r,evi:ew by~the-Staff-pror-=two-fthi~s~ommissonYac=tion, as=well-.~as th=o-s-ems ~pr~o,~e_cts for,rwhich ste.plans~and ntr-acts-h=averbeen~approved=and~on-l-y~-a,= .or.,tzon:of..therbuilding~permit - i~ssued~pr-for=to~or-~und~-r=the limited=morato=r=ii~n.~ i_x or seven projects fall into this category. If denial of building permit app:.i- t~~i.ons is in effect on Motions II and III, the Staff requests guidance on the h~.nd- ~ ing of these project, specified with approved site plans d contracts~~~~'-~~. Another question raised by Motions II and III relates to amending the Compre- hensive Plan to conform to the new density maximum and height limitations. The matter of amending the Comprehensive Plan was discussed -however, specific action was not taken by the Commission. It is requested that the Com- mission pass a motion regarding amending the Comprehensive Plan in conjunc- tion with the changes in density and height changes, The Staff further requests to be allowed to amend the Comprehensive Plan prior to taking action on the density and height changes (although both will be worked on concurrently}. RECOMMENDATION It is anticipated that the study, preparation of Plan amendment and ordinance changes, holding of a public hearing and passage of the ordinance will entail from sixty to ninety days. This time should be considered lead. time for de- ,~± • ~.~ ... • ~ ~% velopers to prepare their plans if they have/~'ny intention to develop the land at a density and/or height greater t ~~i Z8 and 80 ft, respectively. It is therefore recommended that if the ordinance changes are approved by the Commission, 30 days be allowed fro .date of passage for a developer to submit a letter of intent, with an add~ional 30 days for final plan submission sufficient for receipt of a building~ermit. Motion III -establishment of a density maximum of 28. All of the Staff Com- ments have been expressed except for two points: ASSUMPTION: Although not specifically included, the Staff assumes that the CBD is excluded from this motion. Also, the Staff would recommend a clarification whether motel and hotel property could staill be carried out at one and one-half times the density which was previously Commission policy and was not addressed by this motion. The Staff has no questions regarding Motions IV and V. STATUS .s. The third purpose of this memo is to provide the Commission with the status of the actions that Staff was directed to take: 1. Bleakley Property • application was filed by the Planning Department to rezone this parcel ~'c'~ommensurate with use, Friday June ?, 1974. ,Y 2, ,1 Spot-zoned properties within 500 feet of waterfront. Applications for ~/ rezoning com- zensurate with use were filed Friday, June 7, 1974 with the City Clerl~ for those areas north of Cedar (see attached maps), Application to rezone City-owned property in the Seminole Landing area will be filed b r the time of the Commission meeting June 17, 1974. 4. The Staff has determined that with the possible exceptions of the Carlouel Yacht Club anal a five-lot built-up parcel of land on Skiff Point, Island Estates, there: are not any other possible spot zones on Clearwater Beach, Sand Key or I::land Estates. Those areas .designated as possible spot zones will be reviewed further and, if appropriate, applications for re-' zoning will be filed with the City Clerk, ~ . 5. Review of the ~a~asB~_are_a~i_determine spot zoning is now progressing. 6, The Staff is presently studying the City as a whole regarding establishment of a maximum density of 28 and building height limitation of 80 feet. Upon completion of that study, an ordinance will be ~n~epared. C ~ ` ~~,/ (9~" T- "" lt ~ ... ei k ~ i ..... ... .. _ . ' 1... . `1 rZ'. 1 .~ .1 .~ 1 n~v !. •J .~. :j . ~ f~ ' 1n ti..A` 4'.. i1 ~: > ~1 . . ( , e. `•:f' 1YV.. ... ~ ~ .a .. . _-.. a a ... .. li 1 U tj t:. ~CIIFE7_E,.~ Tr~'ELOP~~:vT COI'~''ORATIOII,.. ..~.tc:,...: ............................ Plaintiff... . vs. , THE CITY OF CLEAR~~IATER, FLORIDA, etc., et al, .............Defendant s...: JI.SF~r~1tE`iOi~~~ IEEE STATE OF FLGRIDf~: 1'o A!I and Singular the Sheriffs of the State: YOU ARE CO!~ru'VIANDED to serve this summons and a copy of the complaint or petition in this action on defendant.., ...THE, CITY. OF CLEARt~7ATER,. FLO~.i~~;, a , . , ; , . . ... manic lea? . cor~pora~~:on • .- :............ ...........:............ . . Each defendant is re luired to .serve written defenses to -the complaint er petition. on. ,,,,,;,,,,,,,,,,, ,JOHN. T.,,ALLEIJ,_ JR:. ......,,,.plaintiff~Settorney. .. ..... , whose address is .........4508. Central. Avenue ,,,, , ,, , , , , , , , , , , , , , ,;,,,,,,,...„._..St.. Petersburg, FL 33711...x.. ,,,,,,,,,,,,,,, ` within 20 days after service of this summons on that defendant, exclusive of the day of service, and to file the original of the defenses with the clerk of this court either before service on plaintiff'sattorney.. or immediately thereafter.. If a defendant fails to do so, a default will be entered against .that defendant for the relief demanded in the complaint or petition. WITNESS my hand and:the seal of this Court on .......Sept.emher. 30• .., 19.7?7.. HAROLD rJ~ULLEIvDO?E As Clerk of file Court . (SEAL) ey: .... ~` ~ Lo~.ol~ T. .E?~ocl~.e11 ... . `` '„ ~ ''~ As Deputy Clerk ,. 1° ' ~r ~~~~,, ` ..W , h}. .. ~-' ~: ,..». .. .......,.. 1'.. ~• • IN THE CIRCUIT COURT FOR PINELLAS COUTITY, FLORIDA CIRCUIT CIVIL N0.~i ~~~•°~~ ~~ `3 .S--id' CHEEZEM DEVELOPNIiNT CORPORATION, a Florida-corporation, Plaintiff, vs, THE CITY OF CLEARWATER, FLORIDA, a municipal corporation, and KARLEEN DeBLAKER, 30HN F. RANKIN, JOSEPH L, CART~dISE, and DONALD S, WILLIA`LS, as and constituting the Board of City Commissioners of the City of Clearwater, Florida, Defendants . COMPLAINT FOR SPECIFIC PE~tFORNIANCE AND DECLARATORY JUDGT-'~T1T CHEEZEM DEVELOPr~NT CORPORATIONd, a Florida corporation, plaintiff, sues THE CITY OF CLEARWATER, FLORIDA, a municipal cor- poration, and KARLEEN DeBLAKER, JOHN F. RANKIN, JOSEPH L. CARWISE, and DOPIALD S . WILLIAMS , as and constitt~.ting the Board of City Commissioners of the City of Clearwate:~•, Florida, defendants,~and avers: COUNT I COMPLAIPIT FOR SPECIFIC PERFORMANCE 1. At all times material to this complaint, THE CITY OF CLEARWATER, FLORIDA, is a municipal corporation duly organized and existing under the laws of the State of Florida. 2. At all times material to this .complaint, KARLEEPI DeBLAKER, JOHN F. RANKIrd, JOSEPH L. CARWISE, and DONALD S. WILLIAMS presently constitute the City Commission of the City of Clearwater, Florida. 3. At all times material to this complaint, plaintiff, CHEEZEM DEVELOPMENT CORPORATION is the owner of a tract of Land located on Sand Key in the City of Clearwater, Florida, upon which the plaintiff has built or is contemplating building four (4) high rise condominium apartment buildings. Plaintiff has constructed ~ ~. • _, one (1) condominium parcel known as Building ~~•1.and is presently in t:he process of constructing Building ~r2 which will consist of a 19-story condominium apartment building. Building ~~3 lies directly southeast-and contiguous to the prospective site of Building ~~2, ~.B.uilding ,~k4__is.._.not. yet .under.. construction. and is • the subject. of other J_itigation with the defendants< ,The legal description of Buildings ~~2 and ~~3 on Sand Key is Commence at the Northwest corner of Section • 20, Township 29 South, Range 15 East and run North 89°10'31" East a distance of 843..47 feet to a point on the center line of Gulf Boulevard; thence run along said center line South 42°13'31" West a distance of 263.93 feet; thence run North 47°46'29" West a distance of 50.00 feet to the Point of Beginning; thence run -South 42°13'31" West a distance of 307.00 feet; thence run North 47°46'29" West a distance of 465+/•- feet to the mean high .water line of the Gulf of Mexico; thence run Northeasterly along said mean high water line to a point on the mean high water line being- idorth 47°46'29" West a distance, of 537+/- feet; .from the point of beginning; thence run South 47°46'29" East a distance of 537+/- feet to the Point of Beginning, lying and being in Pinellas County, Florida. Commence at the Northwest corner of Section 20, Township 29 South, Range 15 East; and run North 89°10'31" East a distance of 843.47 feet to a point on the center line of .Gulf Boulevard; thence run along said centerline South 42°13'31"West a distance of 570.93 feet; thence run North 47°46'29" West a distance of 50.00 feet to the Point of Beginning; thence run along the Northwesterly right-of-way of Gulf Boulevard South 42°13'31"West a distance of 353.00 feet; thence run North 47°46'29" West a distance~of 360' feet t.o the mean high water line of the Gulf of Mexico; thence run along said mean high water line in a Northeasterly direction to a point being North 47°46'29" West _ a distance of 465± feet from the Point of . Beginning; thence run South 47°46'29" East a distance of 465" feet to the Point of Beginning;,. . all lying and being in Pinellas County, Florida. 4. On August 13, 1973, the defendants issued a building permit to plaintiff for the construction of a 24-story condominium apartment building consisting of 170 units 1'ocated at 1230 Gulf. Boulevard, Clearwater, Florida, hereinafter referred to as Build- ing ~~2. _ 2 _ ~- ~~ _ . . S. Thereafter, the defendants indicated to plaintiff that they wanted to lower the height of Building ~~2 and the number of units therein, and, pursuant to the wishes of the defendants, the.. plaintiff and defendants entered into an oral. agreement on December-10,..1973, wherein it was agreed as follows:.,, ~(a) Building ~~2 upon which an unconditional building permit had already been issued would be lowered from 24 stories rto.I9.stories., In regard to this portion of .the agreement, plain- tiff has expended substantial sums of-money in redesigning the building which is presently under construction which is irrevocably cammitted to a maximum height of 19 stories. (b) ::Defendants would issue an unconditional building permit on Building ~~3-which was to be constructed at a height of X19 stories.. The site for Building ~~3 lies southeast of and ad- jacent to Building ~~2.-The defendants would further issue 26 ,. certificates of occupancy when Building ~~3 was finished with the rest of the certificates of occupancy on Building -~~3 being, issued, , _ . __ ion or before Jlnuary _l, 1.976.. , 6. After plaintiff had irrevocably committed itself to the constructi~~n of a 19-story building upon Unit ~~2,~ the .defend-, ants refused to reduce the oral. agreement of the parties to , C+~ writing and now insist upon the issuance of-a conditional building ~' ~ , permit-for Building ~E3_Twhich provides that 56 certificates of ,occupancy will be issued out of,l_44 units with the .further ` ,assertion that the defendants cannot. guarantee issuance. for the , ~ ~ Cremainder of certificates of occupancy .at any ..time in the future,. Accordingly, defendants have breached their contract and the terms thereof with the plaintiff as hereinabove alleged. 7. Because of. defendants'-breach of contract, plaintiff has been placed in-the position of incurring substantial expense in redesigning Building ~k2, reducing it from 24 stories to 19 stories, has been .delayed in obtaining financing., for the. con-, struction of Building ~~3 because no .financial..lender -will- lend - 3 - ° ~ . ~c~ns t-ruction money uncle: ~ a conditian.al buildin, permit. and the . restrictions the defendants now seek to impose upon th.e plaintiff. ~~he delay involved as a.. result -of defendants.' .actions unless de- Lfendants be required .to comply with.their.agreement will cost plaintiff in excess of five million dollars.. 8. Under the facts and circumstances as hereinabove ~~:..;~ alleged, plaintiff has no other adequate remedy at law other than requiring the defendants to specifically perform the oral contract between the parties. tidHEREFORE, plaintiff prays as follows: (a) That defendants be required to specifically !t perform the oral agreement between the parties and issue an unconditional building permit with the granting of 26 certificates of occupancy upon final construction of Building ~~3 and requiring issuance of the remainder of the certificates of occupancy of Building ~~3 on or before January. 1, 1976. s~ (b) For such other and further relief as to the Court nay seem just and proper... (c) For costs of this action. COUNT II COMPLAINT FOR DECLARATORY JUDGMEi1T 9. Plaintiff realleges and reavers'allegations 1 through 7, inclusive, Count I, above. 10. There exists a justiciable controversy between plain- tiff and. defendants as toE,plaintiff'.s •right to have the :defendants, issue an unconditional building permit on Building ~E3~with accom- ~panying issuance- of 26 certificates, of, occupancy upon,. completion , ~of_ _construction of .Building ~~3, with _the remainder of:. the -issuance_ , of certificates--of occupancy~to occur on or before January 1, 1976,_ iand~plaintiff is- in doubt as, to *he existence. or nonexistence .of tits- right ,and privilege to proceed-with the-construction-of tBuilding ~~3 as hereinabove- alleged. - , - 4 - .. ~ --~. 17~iEREFORE, plaintiff prays as follows: (a) That this Court enter a declaratory judgment or. decree determining the right and privilege of the plaintiff to construct Building ~~3 with 26 certificates of occupancy upon completion with~the remainder. of the certificates of .occupancy to occur on or before January 1, 1976. (b) For such other and further relief as this Court may find plaintiff to be entitled. (c} For costs of this action. JOHN T. r'~L~~l~, ~~~~ JOHN T. ALLEN, JR. 4508 Central Avenue St. Petersburg, FL 33711 Attorney for Plaintiff and ALBERT C . tJERLY Fleece, Rhoades & Werly 6641 Central Avenue P. 0. Box 13209 St. Petersburg, FL 33733 Attorney for Plaintiff - 5 - - - IN THE CIRCUIT COURT FOR PI~ELLAS COt~NTY, FLORIDA ~'4 ~'. RECcIVEp .{ CASE NO. 7~-833-1'~?4. QC~IRCI.JIT~-~IVlli; .~ ~ ,~ <~=. ,.CHEEZEM DEVELOPMENT CORPORATIOZZ,., plt.,~.~ ` ; ~.}j , etc, Si1tl:,~1:F .. ... .. DON ~,h1J'UNG Petitioner. ~ ~ ~ , , (Plaintiff. ~ .. ' vs. .. THE . CT~Y..4~ . C~~~~W~-~~~.. ~~:o~~~~, . ...ez~... ~t..a~~ . . ` .. ...... . Respondents (Defendants). . SUMMONS THE STATE OF FLORIDA: To All and Singular the Sheriffs of the State: ~. YOU ARE COMMANDED to serve this summons and a copy of~the complaint or petition ~~ in this action on defendant. /. ~espond~ent , . ~CARI,~>~N . AeaILAKER, . City..Commisaioner"~: .o£. tha :Gi.ty. a~E..C~earwatez„ .prkax~.da...... :.......................... . zespo~d nt Each defendant/ is r uire~ to serve written defenses to the complaint or petition or? 3~HN T. ALLEPi JR> petitioner's ............ .. .'.. ........ ............. plaintiff ~ s /a}torney .. , whose address is 4508. Central: Avenue ; ..............St., Petersburg, FL 33711................. ............... .. within. 20 days after service of this summons on that defendant',rexc~uos veeoit the day of service, and to file the original of the defenses with the clerk of this court either before titigner's respondent service on plaintiff, s/~~orney.: or immediately thereafter. If a defendant/fails to do so, a t es onde t default will be entered against ,that defendant /for tie relie~ demanded in the complaint or petition. WITNESS my hand and the seal of this Court on ..... O,vtaber. ~......, 197... ~s~A~ E A L . A ,TRUE COPY OON GENl1NG, SHERIFF, ` Pinellz r County, Florida ~Y~.~---.-, Q.S, Date .,_~.___.._..._-. T~ne_,_..... ,... .~..~..._.---P.M. HAROLD MULLENDORE A -C~ler~k of th Court As Deputy Clsrk .~ • • y~ • ~ r re ~~ IN THE CIRCUIT COURT FOR PINELLAS COUNTY, FLORIDA CIRCUIT CIVIL N0. ~- ~ ~ - f CHEEZEM DEVELOPMENT CORPORATION, ) a Florida corporation, ) ). Petitioner (Plaintiff), ) vs. ) THE CITY OF CLEARWATER, FLORIDA, ) a municipal corporation, and ) KARLEEN DeBLAKER, JOHN F. RANKIN, ) JOSEPH L. CARWISE, and DONALD S. ) WILLIAMS, as and constituting ) the Board of City Commissioners ) of the City of Clearwater, Florida,) Respondents (Defendants).) PETITION FOR ALTERNATIVE WRIT OF MANDAMUS AND COMPLAINT FOR DECLARATORY JUDGMENT CHEEZEM DEVELOPMENT CORPORATION, a Florida corporation, sues THE CITY OF CLEARWATER, FLORIDA, a municipal corporation, and KARLEEN DeBLAKER, JOHN F. RANKIN, JOSEPH L. CARWISE, and DONALD S. WILLIAMS, as and constituting the Board of City Commissioners of the City of Clearwater, Florida, respondents (defendants), and avers: 1. At ali times material to this petition (complaint) CHEEZEM DEVELOPMENT CORPORATION is~a Florida corporation and the owner of the following-described property situated in Clearwater, Pinellas County, Florida: NW corner, Sec. 20 T. 29 So. R 15E, No. 89°01'31" E, 843.47' to a point on the center line of Gulf Boulevard; thence along said center line 42° 13'31" W, 1,303.93'; thence No. 47°46'29"W, 50' to P.O.B.; from P.O.B., run So. 42°13'31" W, 31.19'; thence along a curve to left, R. 2,914.79' arch 547.79', cord So. 36°50'29" W, 546.98'; thence Ito. 67°12'17" W, approxi- mately 325.7' to the mean high water line; thence northerly along said line to a point that intersects a line running from the P.O.B. No. 47°46'29" W, thence along said line So. 47°46'29"E approximately 319 ' to the P.O.B., less the northerly 30' thereof. • r 2. At all times material to this petition (complaint), THE CITY OF CLEARWATER, FLORIDA, is a municipal corporation duly organized and existing under the laws of the State of Florida. 3. At all times material to this petition (complaint), KARLEEN DeBLAKEF., JOHN F . RA1`tKIN , JOSEPH I:. CARWISE , and DONALD S . WILLIAMS presently constitute the City Commission of the City of Clearwat~~e--r'"~~, Florida. ~4.~ Petitioner's (plaintiff's) property located at 1230 Gulf Boulevard, Clearwater, Florida, hereinabove described, was on July 5, 1974, and presently is zoned RM-34 under Article XIII -~ High Density Multi-Family Use District with waterfront bonus provisions under Artixle XXX of the City of Clearwater, Florida, Zoning Code. Copies of Article XIII and Article XXX of the City of Clearwater, Florida, Zoning Code are attached .to this petition (complaint) as Petition- er's (Plaintiff's) Exhibit A and made a part hereof. ~5. Under RP~i-34 zoning with waterfront bonus and an approved -_-- master plan for Sea Towers at Sand Key, petitioner (plaintiff) is permitted to construct a building with maximum height of 165 feet (19 floors) with 34 units per acre. Petitioner's property contains 4.8 acres and, under Rt~i-34 zoning with 10% bonus for wide parcel, is perm{i~t-tied to construct 34 units per acre or a total of 179 units. ~6.~~ On July 5, 1974, petitioner (plaintiff) tendered to respondents (defendants) a request for issuance of building permit, site plan approval, foundation permit and all other applicable permits to construct a 19-story condominium containing 144 apart- ments (units) within the confines of RM-34 zoning construction requirements with waterfront bonus. On July 10, 1974, the Building Department and Permit Review Board of respondents (defendants) re- fused to accept petitioner's (plaintiff's) application indicating that the Clearwater City Commission had left instructions to the effect that no applications were to be accepted because of anew policy on density which was not yet officially passed. A copy of the plans and specifications is attached hereto as Petitioner's (Plaintiff's) Exhibit B. - 2 - • ~ '7. The refusal by the respondents (defendants) to accept t the application of petitioner (plaintiff) is contrary to the. authority and function of the respondents (defendants), contrary to the clear mandate of the ordinance of the City of Clearwater, Florida, as applied to petitioner (plaintiff), and constitutes an arbitrary and unreasonable action, depriving petitioner (plaintiff) of its vested and predetermined legal right under the zoning ordin- ance RM-34 with waterfront bonus as .defined by Articles XIII and XXX of the Clearwater City Code, Petitioner's (Plaintiff's) Exhibit A. 8., Accordingly, the denial of petitioner's (plaintiff's) request as hereinabove alleged under the City of Clearwater, Florida, zoning code on the grounds that the City wished to invoke a new policy on density which had not been yet officially passed is arbitrary, unreasonable, and illegal in that petitioner (plain- tiff) has a clear legal right under law to the filing of and re- quest for building permit, site plan approval, foundation permit and all other applicable permits for the construction of the proposed building shown in the construction plans, Petitioner's (Plaintiff's) Exhibit B. COUNT I PETITION FOR ALTERNATIVE WRIT OF MANDAMUS. TO THE HONORABLE JUDGES OF THE ABOVE-STYLED COURT: Petitioner; CHEEZEM DEVELOPMENT CORPORATIOIQ, respectfully petitions this Court for the issuance of an alternative writ of mandamus and alleges: 9. Petitioner realleges and reavers allegations 1 through 8, inclusive, above. WHEREFORE, petitioner respectfully prays as follows: (a) That an order be now entered herein requiring the Clerk of this Court to issue an alternative writ of mandamus directed to respondents, THE CITY OF CLEARWATER,FLORIDA, and KARLEEN DeBLAKER, JOHTd F . RAI~TKIN, JOSEPH L . CARIaISE , and DONALD S . - 3 - ~ • WILLIAMS as and constituting the Board of City Commissioners of the City of Clearwater, Florida, to accept petitioner`s applica- tion for building permit, site plan approval, foundation permit and all other permits required for the construction of petitioner's building, in due course of regular business, .and do all other things necessary to permit petitioner to construct its apartment project or show cause on a day certain by filing of answer to the petition why said respondents should not be required to perform said acts and to further shoes cause at a date and time certain to be set by the Court why the alternative writ should not be made absolute. (b) For costs of this action. COUNT II COMPLAINT FOR DECLARATORY JUDGMENT 10. Plaintiff realleges and reavers allegations 1 through 8, inclusive, above. 11. There exists a justiciable controversy between plaintiff and defendants as to plaintiff's right to have the defendants accept plaintiff's application for building permit, issue site plan approval., issue foundation permit, and all other applicable permits for the construction of plaintiff's apartment project under the existing ordinances of the City of Clearwater, Florida, and plaintiff is in doubt as to the existence of non- existence of its right and privilege to proceed with the con- struction of its apartment project. WHEREFORE, plaintiff prays as follo~as: (a) That this Court enter a declaratory judgment or decree determining the right and privilege of the plaintiff to have its application for building permit accepted, approved, its site plan approved, a foundation permit issued, and the issuance of all other applicable permits which would permit plaintiff to construct its apartment project. - 4 - s • (b) For such other and further relief, including injunctive relief, as this Court may find plaintiff to be entitled. (c) For costs of this action. BY zem Development Corporation STATE OF FLORIDA ) ss COUNTY OF PINELLAS ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state aforesaid and in the county afore- said to take acknowledgements, personally appeared JOHN GOBBET as Assistant to the President of Cheezem Development Corporation, to me known to be the person described in and who executed the foregoing instrument, .and he acknowledged before me that the facts stated above are true to his best knowledge and belief. WITNESS my hand and official seal in the county and state ©c~y..~,c-L, last aforesaid this 1st day of ~~~r- 1974. ovrnn~ , %tary Pu is My Commission Expires: Notary Public, State of Florida of Ca~g~ Sky Commission Expires MAY 31, 1978 JOHN T. ALLEN, JR. 4508 Central Avenue St. Petersburg, FL 33711 Attorney for Petitioner (Plaintiff) and ALBERT C. WERLY 6641 Central Avenue P. 0. Box 13209 St. Petersburg, FL 33733 Attorney for Petitioner (Plaintiff) - 5 - CHEEZEM DEVELOPMENT CORPORATION ~.. ~;~- • • § 12.04 APPENDI% A ZONING $18.02 (11) Maximum number of units per structure-I~1o maxi- mum. (12) Minimum usable open space-25%. (Ord. No. 1446, § 12, 4-16-73) Section 12.05. Special building requirements (1) Minimum distance between. wings of a structure or between structures (court yards) shall be not less than the height of the. abutting structures. In the case of varying height of buildings abutting said court yard, the distance shall be the average of the heights. In no case shall the dis- tance between buildings be less than twenty (20) feet. (2) Projection into required courts. Open balconies, bay windows, uncovered porches and the like may project into required courts not to exceed ten per cent (10%) of required distance between structural wings or between structures. Section 12.06. Fences and walla. r1s regulated in section 32.01. Section 12.07. Off-street parking. As regulated in Article XBXIII. Article XIII. RM 34--High Density Mnlii-Family Use District Section 13.01. General description. This district is created to provide for high density apart- ment development and hotel, motel and boardinghouse uses. The maximum density permitted is thirty-four (~4) dwelling" "' units per net acre or fifty-one (51) hotel or motel units per net acre. No new P.M-34 High Density 11Zulti-Family Use District may be created which contains less than four (4) acres. (Ord. No. 1394, § 4, 7-10-?2) Section 13.02. Permitted uses and structures. In the RM 34 High Density Multi-Family Use District no premises or building shall be used or occupied and no building Supp. No. 45 624.11 PETITIONER'S (PLAINTIFF'S) EXHIBIT A . ~ ~ f ~ 18.02 CLEABWATEB CODE § 13.03 shall be hereafter erected or structurally altered, unless other- wise provided in this ordinance, except for .one or more of the following uses: (1) Apartment houses. (2) Townhouse development as regulated in section 30.05. (3) Accessory buildings, including recreational buildings and/or community meeting buildings designed as in- tegral part of multi-unit development service. (Ord. No. 1481, § 11, 11-13-73) Section 13.03. Special exceptions as regulated in Article %%%IV, section 34.09. (1) Boardinghouses, lodging houses, motels and hotels. (2) A public dining room restaurant, provided the same is located within .the bounding operated as a hotel, apartment house, lodging house or boardinghouse, and provided further that no street, window, or exterior sign for display exceeding two (2) square feet in area to be used to advertise same. (3) Physician or doctor's office. (4) Convalescent home and hospitals except hospitals or homes caring for mentally deranged persons or nervous dis- orders. (5) Day nursery or private school. (6) Marina facility Type A (pleasure craft docking), Type B (launching ramp site, commercial), and Type C (private marina.) . (7) Model apartment. (8) Noncommercial off-street parking lots (not operated as a separate business) or spaces on vacant lots or portions thereof for parking passenger motor vehicles. (9) A single family or a two family dwelling unit when built in compliance to lot and building regulations applicable to RS 50 or RM 12 Districts, respectively. Supp. No. 45 624.12 ~~ .~ § 13.03 APPENDIX A-ZONING § 13.04 (10) Private clubs except those the chief activity of which is a service customarily carried on as a business. (Ord. No. 1481, § 11, 11-13-74) Section 13.04. Area sand dimension regulations. (1) Waterfront lots as regulated in section 30.0?. (2) Minimum lot or parcel area-10,000 .square feet. (3) Minimum lot width at building setback line-100 feet. Supp. No. 45 624.12.1 • § 30.01 CLEARWATER CODE § 30.02 ARTICLE XXX. SUPPLEMENTARY REGULATIONS APPLYING TO A SPECIFIC, TO SEVERAL, OR TO ALL DISTRICTS Section 30.01. General description. These supplementary regulations are listed and described in this one article, rather than repeated several times through- out the ordinance as they apply to specific, several, or to all districts. Section 30.02. Setback regulations. (1) Structural overhang. No building or structure over- hang shall be permitted to exceed two (2) feet beyond the required setback line in residential zoned districts having re- quired building setbacks of five (5) feet or less; or three (3) feet beyond the required setback line in residential zoned districts having required building setbacks up to and includ- ing ten (10) feet ; or five (5) feet beyond the required set- back line in residential zoned districts having required build- ing setbacks of mare than ten (10) feet. (2) Front of lot. Reference is made to Article II, Defini- tions, subsections (27) "Front of lot" and (74) "Yard, front." Usual application includes the corner lot situation in which two (2) street rights-of-way permit a structure to face either street with addresses or entrance to be associated with either right-of-way. Front setback requirements will apply to both streets. (3) Double frontage lots (lots between two parallel streets). A standard double frontage lot has a "front" setback on both a frontage street (by address) and a "nonfrontage (no address) street." In the case of a double frontage lot created by an approved platting procedure which has resulted in a deed or plat restriction prohibiting access to the "non- frontage" street and also a restriction requiring fencing along such nonfrontage street, then the yard on the nonfrontage street. may be considered as a private area used by the so- called rear of the house. In the above instance a swimming pool or enclosure setback in this area shall be equal to the Supp. xo. 4s 624.60.4 ~ ~ § 80.02 APPENDIR A-ZONING § 80.05 rear setback as established for swimming pool or enclosure in ~' that zone. (Ord. No. 1496, § 7, 1-14-74) Section 30.03. Height exceptions. Decorative and industrial processing towers, spires, domes, flag poles, church towers, and such other decorative strums tures are not limited in height except as stated in sectiyn 30.04 below. Section 30.04. Height limitation-Airport. No building or structure of any kind whatacever .shall be erected within one thousand (1,000) feet of any exterior boundary line of the Municipal Aviation Field to a height in excess of fifty (50) feet. Section 30.05. Townhouse development. (1) Townhouse developments-Processing: A preliminary townhouse subdivision plan shall be submitted prior to or coincident with a• townhouse structure-site development plan. This will be processed in accordance with the Subdivision Ordinance 632, as amended, and in conjunction with the town- house structure-site: development plan, and approval of both shall be prerequisite to building permit issuance. Building plans for townhouse structures shall be so noted-"Townhouse • -intended for unit. sale". Building plans may be submitted prior to subdivision plat approval and .townhouse structure- site development plan approval but permit.shall not be issued until processing of the above has been completed by the proper agencies. (2) Townhouse structure~ite development plate-Require- ments: (a) Name-indicated by term ", Townhouse." (b) Parcel of land-ownership survey with indication of lot area. division to be sold for erection of townhouse structure and each individual unit as it is a component of the structure. Supp. No. 46 624.61 • T . § 30.Qb CLFARWATER CODE § 30.06 (3) Area and dimension regulations: (a) Minimum lot-10,000 square feet. (b) Minimum area per unit-1,800 square feet, including access alley to be dedicated or right-of-way easement of access. (c) Minimum building setbacks (1) Front and side street-1b feet. (2) Side-5 foot side setback (20 feet if involving alley or easement) . (3) Rear-10 foot rear setback (if not involving alley or easement) (d) Pavement-Access alley of 20 feet or easement of 20 feet to be paved with 18 foot roadway, .if 2-way, and 12 foot roadway if one-way (assumes loop arrange- ment) . (e) Number, area and width of dwelling units: (1) Maximum number units per structure-10 units. (2) Minimum floor area per unit-600 square feet. (3) Minimum width per unit-18 feet. (4) Statement of approval by planning and zoning board, city engineering department, and any other jurisdiction. Section 30.06. Special right of way setbacks. (1) Notwithstanding the zone classification there shall be established on the following streets a minimum building set- back of ten feet (10') from the existing right of way or forty feet (40') from the centerline of the right of way, whichever is the greater. In cases where the classification has a greater setback, such zone district setback shall prevail. Myrtle Avenue-Lakeview Road north to Garden Ave- nue. Supp. No. 46 624.62 • ~ 80.07 APPENDIR A-ZONII~TG ~ 80.07 (a) "Waterfront property"-That upland property which abuts the waterfront including all waterways and canals on the Gulf of Mexico, Clearwater Harbor, Tampa Bay and Cooper's Bayou up to six hundred sixty (660) feet in depth from mean high tide or bulkhead line or that upland property from mean high tide to the nearest right-of-way parallel to the waterfront (as defined) whichever is the lesser dimension from the waterfront. (b) "Narrow parcel"-That upland property which is three hundred thirty (330) feet wide or less (mean width) measured parallel to the roadway (which public road- way is generally parallel to waterfront). (c) "Wide parcel"-That upland property which is greater than three hundred thirty (330) feet wide (mean width) measured parallel to the roadway (which public roadway is generally parallel to .waterfront). ~ (d) "Overlap of structures" Any dimension of one building which is visually blocked by another building, when viewed from a public street looking in a perpendicular direction toward the waterfront (all on one parcel of ~ ownership) . i (e) "Transition dimension"-That mean width dimension which is written ten per cent (10%) of three hundred thirty-one (331) (or 33 feet) within which transitional ~ . standards between the side and narrow parcel shall .prevail. (2) General criteria. (a) Any parcel of waterfront property (as defined) shall conform- to the waterfront setback requirements for the total parcel if said parcel has fifty per cent (5070) or more street frontage generally parallel to the water- front; waterfront properties with less than fifty per cent (50 70) street #rontage generally parallel to the waterfront shall meet partial application requirement far that portion of the property which has such .parallel street frontage, i.e., 1/.~ of tract street frontage-1/,~ of total application of total tract requirement. (See at- tached explanatory drawing.) . Supp. No. 41 624.63 • i $ 80.07 CLEARWATER CODE § -30.07 (b) Maximum length of building-two hundred fifty (250) feet. (This includes all deck areas and enclosed and ~ covered walks.) (c) Minimum distance between buildings (Interior of lot). (1) Measured parallel to street (as described above) . (2) No overlap permitted which would obstruct beyond a two hundred fifty (250) buildable length. for low rise-(defined as one (1), two (2) and three (3) story structures): One-half (1/2) of total heights but .no less than twenty (20) feet. .For medium and high rise-(defined as over three (3) story structures) :One-fourth (1/4) of total of height of both buildings, but no less than thirty (30) feet. (d) Transitional standards-On property that is between two hundred ninety-eight (298) feet and three hundred thirty-one (331) feet in mean width, the side yard setbacks shall be as per the mean or mid-dimensions between the lesser and the greater setbacks as per this ordinance under narrow and wide parcels. (3) Specific setback criteria.. (a) Narrow parcel. (1) Front yard-(Street side)-Per zone classifica- tion. (2) Side yard#-Twenty per cent (20%) or thirty (30) feet, whichever is the lesser (no less than 10 feet). (a) At one hundred fifty (150) foot width or greater a variation would allow twenty (20) feet on one side and forty (40) feet on the other. (b) At-sixty (60) foot height of structure, RM 34, RM 44, RM 54 setbacks would prevail. (b) Wide parcel. - (1) Front yard-Per zone classification. (2) Side yard'. § 30.07 APPENDIR. A-ZONING § 80.07 (a) Street sector-thirty per cent (30%) depth•• -Thirty per cent (30%) of mean width or RM 34, RM 44, and RM b4-per side, which- ever is greater. (b) Interior sector-Forty per cent (40%) depth -twenty per cent (20%) of mean width or RM 34, RM 44, and RM 54-per side, which- ever is greater. (c) Waterfront sector-thirty per cent (30%) depth-Same as street sector (see fold-out sheet) . (c) Waterfront. (1) Fifty (50) feet Gulf of Mexico and Tampa Bay- from mean high tide. (2) Twenty-five (25) feet Clearwater Harbor and Cooper's Bayou-from mean high tide. (d) Affected waterfront property exceptions. (1) Ondefined narrow parcels, exceptions-twenty per cent (20%) increase in density (number of dwelling units) when residential, allowing greater height to attain the increase, above zone maximum, and twenty per cent (20%) increase in floor area or height (where applicable) used for nonresiden- tial ~~purposes. (Only half of the above bonus is appl~~:able when the parcel has only one side lot (boundary) line extending, approximately at right angles, from public street to water's edge.) (A corner lot shall be considered =to have only one side ; therefore, it shall only be eligible for half bonus.) (2) On defined wide parcels, exceptions-ten per cent (10%) increase in density (number of dwelling units) when residential, allowing greater height to attain the increase, above zone maximum, and ten per cent (10 ~o) increase in floor area or height (where applicable) used for nonresidential pur- pose. (Only half of the above bonus is applicable Supp. No. 42 624.65 • § 30.07 CLEA.R,wATEA CODE § 30.07 when the parcel has only one side lot (boundary) line extending, approximately at right angles, ~~ from public street to water's edge.) (A corner lot ` shall be considered to have only one side ; there- fore, it shall only be eligible for half bonus.) Supp. No. 42 624.66 `~ 20% CR 30r ft"HiCiitVER ISTH'z LESSER kii;l. CF IOr?. TRANSITIONAL REQ. X ~ 1. ~ v ~------ -----~ r- *-' --; - ~ I ~ ~~• I I 1 2 80~ 11 III I I 201 /o ~ i I I I I I I 1 I I I I I ( l r 1 1 • I ~ L_: ~_~.~ 301 ' ----- 30°/b -,' I i t • 1 61A ~(-- - i . ~ . -- f_.--~ .L_i_ _1_J 130x- Supp, No. 36 L 50r-GULF OF YIEXICO OR TAMFA BAY. 25~-CLEARVr'ATER HARBOR OR COOPERS 6AYOU~ SEE NOTE RE: VrHICFiEVER !S IESSEP,r 330 - ', 250 -r~l b1AX. LENGTH OF STRUCTU;tE, ~ 624.67 330r E~ ST~EET SECTOR 30 % INTi',nIOR SE:TCR 40% 1'1AT I?i'P,O::T S~~TOR 30 °o t :~ •i ~~t7 ~'L~ 3 ~~ U ~;. ~~ ~~ __ ~ •1 i r 1 1 I I I r i I i r o~ .p ~-- _._.__._.... 1 o ~~ ~. -. ~, r P~~ ("_.._.' ..... I ' ~ ~{ S 1 D ING To \:J ,~ gU'tS't KiG R~vv ~ ~F~vTi'ING PART y VI~:VJ R~QuIRs'~ ~, OF ~,~~ O p~aL,~ Rlv~ s~.Pr~ ~ irc z~, s~.~k as W r~v~f~` ~ P ~ ,a',c;~ Pr~~...~,#,y r ~ VARIOUS '~~ATERt=RO~JT PP,OPERTIES RAW ~ ~,IGNT- oS-WAY P~ ~'FRoP~RiY UNE W P : WATI:t~~t~4N.1' m'Nlen.u Wiv7+~ . ~ qs ~r %Z (WF WIbTN + 5Y2EET P~.~~l7. kl1Di~~ ~!C !~ •~ lass- MEAN 1)~PTH = Ft ~ nR i~L A~ ~~ 1/Z~5~8 L~~1GTH + 51D~ L6NGTN~ Supp. No. 38 624.68 • u~o""'x § 80.07 APPENDIg A=ZONING § 30..08 (3) On defined transitional parcels, exceptions-fif- teen per cent (15%) increase in density (number of dwelling units) when residential, allowing greater height to attain the increase, above zone maxi- . mum, and fifteen per cent (15%) increase in floor area or height (where applicable) used for non- residential purpose. (Only half of the above bonus is applicable when the parcel has only one side lot (boundary) line extending approximately at right angles, from public street to water's edge.) (A corner lot shall be considered to have only one side ; therefore, it shall only be eligible for half bonus.) *Only one side yard setback can be used for- parking; the other side yard setback to be clear space from street to water, such clear space may be used for driveways or park- . ing below street grade. **For wide parcel side yard setback requirements, a varia- tion would allow meeting narrow parcel side yard standards, provided the additional setback differential is placed in spac- ing between buildings _on site and parallel to street. (Ord. No. 1446, § 21, 4-16-73) Section 30.08. Model home. An occupied residence or an unoccupied dwelling may be used as a model home by any person, firm or corporation in any RS 200, RS 100, RS 75, RS 50, RM 10, RM 12, RM 16, RM 20, and RM 24 District, provided that: (1) The use of such structure as a model or demonstration home shall be limited to a period of twelve (12) con- secutive months from the date of certificate of occu- pancy, (2) Such structure occupies a lot in a subdivision plat of not less than five (5) acres which was recorded not less than three (3) years prior to the date of application review by the board of adjustment and appeal nor more than five (b) years. Supp. Nu. 92 i;24.69~ • ¢.80.09 CLEARWATER CODE. §30.09 Section 30.09. Gasoline service stations. (1) Application submittal. All applications for building permit for automobile service stations must be in accordance with the requirements set out herein. Such consideration shall include possible adverse effect on pedestrian safety and ve- hicular traffic circulation. Such general architectural design and site plan development shall be subject to recommendation by the planning and zoning board, the city engineer, and the traffic planper. (2) Criteria of plaaa review and approval. No building per- mit, certificate of occupancy, or certificate of zoning com- pliance issued on the basis of an application, or plans submitted therewith, shall be valid or shall be construed ~ to permit construction, occupation or use of land or structures. if the application or plans are not in accord with (a) Minimum-lot size to be at least ten thousand (10,000) square feet in area with a minimum of an eighty (80) foot frontage on the principal thoroughfare. (b) .The floor area of any automobile service station used for repairs on vehicles, which repairs are other than temporary or minor service repairs,: shall be structur- ally enclosed. (c) The driveway and service-area adjacent to the build- ing and pump islands shall be, .paved in accordance to standards established by the office of the city engineer. (d) In anydistrict in which an automobile service station is permitted, all .gasoline pumps, dispensing islands, or other .appliances shall be located not less than fifteen -(15) feet from the street right-of-way or property line. (e) Trash storage shall be in an accepted fireproof con- . tainer approved by the City of Clearwater. Bins for such purpose shall be prohibited. When trash storage is located within the building, it shall be in accordance to Building and Fire Codes. of the City of Clearwater. (f) Signs shall be in accordance with the Sign Ordinance of -the City of Clearwater. . (g) The plans shall provide for erection .along the property line or lines separating said automobile service station Supp. ;~o. ~•.: fi24.70 • • § 30.09 APPENDIR A-ZONING § 30.10 site property from any adjacent residential zoned or used properties, of an opaque fence at least .six (6) feet in height, of construction, design and material to be approved by the building official of the City of Clearwater, to serve as a screen between said proper- ties. Section 30.10. Performance standards. The purpose of this section is to establish regulations and ~ standards for the installation and operation of uses, based upon consideration-of the objectionable characteristics of such uses and the districts in which they are permitted. Further, this section prescribes procedures and methods of measure- ment of characteristics subject to the performance standards established hereunder. 5u~~p. No. ~2 624.70.1 § 80.10 APPENDI% A-ZONING § 80.10 All permitted uses, whether such use is permitted as a principal use or as an accessory use, shall be subject to these standards ;evidence or ability to comply shall be required prior to the issuance of a building- permit or a certificate of occu- pancy, and continued compliance shall be required during the operation of such uses and activities. (1) Permit Procedure. Before issuing a building permit for a use in any district, the building official shall be given in- formation by the applicant sufficient to enable said building official to assure himself that all performance standards and site development standards set forth in this ordinance can and will be complied with at all times. The building official, in order to determine whether or not the applicant will meet such standards, may require the submission of all information and evidence submitted in appli- cations to indicate conformity with the performance standards set forth herein, which shall constitute a certification and an agreement on the part of the applicant that the proposed use can and will conform to such standards at all' times. (2) Performance Standards. (a) Noise. At no point on or beyond the boundary of any lot which abuts a lot in the same district, shall the sound pressure level resulting from any use or activity, whether open or enclosed, (except noise not directly under control of the property user, noises resulting from the construction and maintenance of buildings and facilities including site preparation, and the noises of safety signals, warning devices, and railroads) e~- ceed the. maximum permitted decibel levels for the designated octave band as set forth in the table below -~ Octave-Band, Frequency in Cycles Per Second 0-74 75-149 160-299 300-599 600-1,199 s~pp. No. ss 624.71 Sound Pressure Level in Decibels 79 ?4 66 b9 53 • § 30.10 CLEARWATER CODE § 80:10: Octave Band, Frequency Sound Pressure in Cycles Per Second Level in Decibels 1,200-2,399 4? 2,400-4,799 41 4,800 and over 39 Where any use adjoins a district permitting residence the maximum permitted decibel levels at any point on or beyond the district boundard shall be reduced by six (6) decibels from the maximum permitted level in the table. (b) Smoke. It shall be unlawful for any person to permit the emission of any smoke from any source whatever of a density equal to or greater than that density de- scribed as No. 2 on the Ringelmann Chart, published by the U. S. Bureau of Mines, (Powers' Micro- R,ingel- mann Chart, McGraw-Hill Publishing Company, 1954, may be used) . . (c) Odors. No continuous, frequent, or reptitive emission of odors or odor-causing substances which would be offensive at or beyond any property line of any Indus- trial use will be permitted. In the CS, ML, CPD, and MPD Districts, an odor emitted for not more than fifteen (15) minutes in any one (1) day or not more than two (2) days in any calendar month shall not be deemed as continuous, frequent or repetitive within the meaning of these regulations. The existence of an odor shall be presumed when the concentration of the odor-causing substance or. substances in the air at any point at or beyond the property line of the .emitting use exceeds the lowest concentration listed as the odor threshold for such substance or substances in Table III (Odor Thresholds) appearing in Chapter 5 of the Air Pollution Abatement Manual, copyright 1952, by the Manufacturing Chemists Association, or as sub- sequently amended. Substances not cited in said table shall be deemed odorous when analysis by a competent technician demonstrates that a discernible odor is being ~ emitted. Supp. No. 36 624.72 i - § 30.10 APPENDIX A--ZONING § 80.10 (d) Toxic and noxious matter. No emission which would be demonstrably injurious to human health, animals, or plant life will be permitted. Where a use could produce such. emissions as a result of accident or equipment misfunction, adequate safeguards considered standard for safe operation of the use involved shall be taken. (e) Radiation hazards. The handling of radioactive mater- ials, the discharge of such materials into air and water, and the disposal of radioactive wastes, shall be in con- = - - ~ - ~ - ~ - formance with the applicable regulations of the Atomic Energy Commission. (f) Fire and explosive hazards. The storage, utilization, or manufacture of solid materials or products ranging from free or active burning, to intense burning is per- mitted,_ but only if said materials or products are stored, utilized, or manufactured within completely en- closed buildings having incombustible exterior and protected throughout by an automatic fire extinguish- ing system. All activities involving the -use and/or storage and/or _ - - _ - _ disposal of -flammable or explosive material shall be provided with adequate safety and protective devices against hazards of fire and explosion, as well as with adequate firefighting and suppression equipment and devices standard to the industry involved. (g) Glare and heat. Any operation producing intense glare or heat shall be performed within an enclosure so as to completely obscure such operation from view from any point along the property line, except during the period of construction of the facilities to be used and occupied. (h) Eletromagnetic radiation. In the interest of maintain- ir_g an atmosphere fruitful to research, there shall be no electromagnetic interference that adversely affects at any point the operation of any equipment other than that belonging to the creator of such interference, or ' that is not in conformance with the regulations of the - ~ : _ ~ - - ~ =- --- -- Federal Communications Commission. Supp. No. 38 624.73 r • _ .- _ § 80.10 __ CLEA$WATEIt CODE § 30.11 (i) Fly ash, dust, fumes, vapor8, gases, noxious odors, and other forms of air pollution. No emission which can cause any damage to health, to animals or vegetation, or other forms of property, or which can cause any - - - - excessive soiling at any point, and in no event any emission, from any chimney or otherwise, of any solid . or liquid particles in concentrations exceeding 0.3 grain per cubic foot of the conveying gas or air at any point shall be permitted. This shall be measured at the point of emission. (j) Flood lighting. Protective shielding visors are required to prohibit excessive intrusion into adjoning residential property by flood lighting of parking and storage areas. (3) Enforcement. Where in the opinion of the building _ _ - _- official or ether. designated inspector, there is a probable violation of any provision of this section, he is empowered to have a qualified technician perform such investigations, measurements, and analysis as may be necessary to determine whether or not there is in fact a violation of this ordinance. Upon confirmation of a violation, the offending industry or - . - - -- . . - .- - ,a_,ctiv;ty-shall -bear_ the cost incurred by the city in retaining the qualified technician. Section 30.11. Churches; conditional uses. (1) Churches established prior to March 16, 1970, may ex- pand on existing ownership and subsequent abutting property, for church and accessory uses only. (2) Off-street parking use may be extended to existing ownership and shall meet the requirement of Sec. 33.04. (3) Accessory church uses shall include but not be limited to the following: (a) Parsonage. (b) Educational building. (c) Recreational building acid play area. (d) Day nursery school, not operated for profit. (~ . - . - - (e) Non-commercial off-street parking. Supp. No. 38 624.74 ='-' ~ ~ ~ § 30.11. - ~ APPENDIR A-ZONING § 31.02 (4) In no case shall church use be extended into RS, RM-10, RM-12, RM-16, RM-20, RM-24, RM-34, RM-44 and RM-b4 ~ zones, except that churches established in a CG zone may ex- tend non-commercial parking into residential zones as defined by special exception, refer to Sec. 34.09. (5) All church site usage upon termination and before re- use shall be rezoned to an appropriate compatible zone classifi- cation following proper public hearing. (6) New churches, to be initially established, shall require ISP (Institutional and Semi-Public) zoning. (Ord. No. 1394, § 15, 7-10-72) Article XXXI. Travel Parks Section 31.01. General description and purpose. It is the purpose of these standards to .provide minimum development guidelines for a travel park designed specifically to accommodate the recreational vehicle of an overnight or limited vacation-season type as defined herein, to protect established or permitted uses under these regulations in the - vicinity of such a park, and to protect and promote the orderly growth and development of the City of Clearwater. Section 31.02. Definitions specifically related to travel parks. Try•ailer, recreation and camper. See "Vehicle, recreational." Travel parks. A lot or parcel of land upon which twenty- - ~ - ~ - -- - --five (25) or more spaces are occupied or intended for occu- ' Supp. No. 38 624.?4.1 s~ ~i ., \ . 'I~6 TITLE.. _. -. I ~ ~ \ ~~ A MAS'~ .. Sll E ^LGN _ _ I .. j ~~ -I SITC PLAN BLV NO ~ {? ' ~ ~- I A-2 :_ FlRSr Fem. tiR PLA J ~ r .I!/ l~ , \ ~ ~ -> II \ T1-9 SECONO FLO R P ~ - ~ j I ~~ II ~f ~1'~ (~~ \ \~ ~ A-4 T41Rt) F_Od. PL I _ T ~~ ,II J'~~ ~ lYl L~ G,;I I` ~ \. '4i S PART FLOaR PLAa 2"~TNeu 9~FwoR _ / - T~~~ ' •1-~ PART FL~~ a r'LA 2"- TNV' L"FLOOR ~ l ( ~ 11,,x, ~ ~ ~~.; ~ , 1 ` A 7 PART Fi4vN PLAn - 2"' Hk, 14°- F{.bQ _ ~ ~ I ,I ~ 1 I~ \ ~\ I `~, \L' i \ . A=b FOYEP# IOC r P ~N_ _ ~) ~ ~i a,, ~ ~ ~~1 'F \ ' A ~ F BATHROOM b Klrc EN DETA S I ~ ~ ~~ ~ ~ ~~ ~~'~'~ __ _ 6 t f ~i I I I ' FRONT (EA°iT) E ArION S ~ TION ~ ' ~ ~ 1,.~ ~ , A-12~ FRON'~(EAeTAECF~ATIan - _ ~i" I~i ~ I ~ ~ ,~ i ~ I EA WE EIE.VA ION ....__. _.~.A R, ..-'.F C.Y-. ( ( ~ '~.. ^.~~ I ~I - I I \ -I ~ R7-Sf _T _ _ .: ~~ I ~ ~ ~~ ~ ~- ~ ~~ A- 14 NO RTIi SIB EI ti" NATION .Q. DE?AILS ~ - 'r I ~ ~~ I"-l ROOF PL ~iI Q-S'CTION ~~ ~ ~_ _r i! ~!' __~.1-- ~ _ _ _. ._ _ A- 1616 ALE A OR NA Y h PI 11"~. $F'- ~ ~-- -- } ~ ~ ' i - - il. 1 -r" i A- 17 r~EAUTIFiCq'fION pl Au .. .. .. IS N FG~1 ^ 1 I M-2 I'UOFp ', f KF 21 f' M 3 ~_h. M-5 E-I TYPICAL /A" D15 t_ C -,•a,y _K KS k F O/k O ~ ~LAN_ _ 1 F ~^F VLL'N 3u -_ TYPC~_"iFF NOTES ~, ELE 1KICA. ~- ~ - 4rETAILS E-I EL ECTT2IGL F~ ( P_,>17 ___ , _ f C•i ~- TYP1Ci__'>l-Ck - ~-' ~ C_,.. .:f. ~. __ 5-I ~NOA r PLAN .~ S-3 StiEAR OVA DETAILS ___ _ I 5_b 5-5 ~ yQAuY.P PLAN _z~_ETGILS _. [r FLOe 30T. RE NFUE'Clnu __~ 2"? F_acR_"jOL F'F NFO:Gh. n 9- 3Y FLOOR TNRU ROOF SOTTO! REINFUAG NG `,-9 °h° FLUOp TukU e=FL 7pP TzE;r7FURCiNG ,_ 5• 9°b-FLeaR THR~ I~FI TOP REL'FORC NG .~ • 0~ 15ID FL,1NhU I'. P .TOP RE I IR'FCING y ~-1 i RO/JF TOFS'T. . RFINFnR - ,~ 2 NDTES ~r ia.' _ `-- ' _ EL~VA OR V! ~ r I H ; DF'i7 S SK SIA S~rcLVrEr+*•,~Y S<F i~K 1 ~urL '~._. __ r ~ . ~. '~ ~--+ ~__.. i i~ ` I I k IP ~ ~ ~ ~ ~ ~ iL . i ~ _ , t -- ~ _ i I~ - ~. I -I _ I - J F, ~ ~'_- - - _ ~~ I ,I ~ '~- ' r- r. I r .. -_ I G i ,~ - _ ~i~ ~~ I 'I( 1_ 1... _. ,~ -- - _ L_ ~ - ~~ - _- ____ - ~ ~ a ,~~1 ~': ~I' ~) ~ Q I I (n ~ -' : _ I~, Z l_ i , I - 1 '_ ~ ;j,~ ~i 7 `~ ~ 'i ' 1 ~ i. ~ 0 f I ~ ~~ , n > > tt I ~ ti ~~ I r ~ I ~ ~~ ~ 1 I ~~I-- "I t-i~_ _ ~._ . ~, _~ ~ I ', , ~ ~ ~~ r ~ ~ I I ~ 1'- - I i I F !, ~ __- __ i F f ~ _. _ ~ _ __ _ ~~ 1_./--_- -_ _ 4 _ ____ ~~a`a 'spot 1 _ I p' ~UDU • +~ ~LYI` ~~ . \ .~ ti Y /~{~U ,o .. SUPpE:' Oi PARE A 9r;.:: a ~: Eec:ian i0, C s.iip :4 South, Ran9c ii Easf, said point .having :. oordinates (based ,;r the . .._ _iri~dssus[tn.) r. .o900.i1~"East J:431.39; thznrr r n North d9° i0' 31" East. 8Y]~41 fact. ! inl o the :u:C elvd.; r. , e.o sa fd aunts: iive South J2° 11' J'u west, ., JOJ .7J fe_e, cheix'c North 41° :6'a29" west' 50.0 •tctn c.Mnw of Du9:nn:n9ce _ " . uC ceginning, r . .. il" Eesc, 480.0 feet: theme North d7° d5' 19" west, approx ima te'y 386.YJ fee[ [o ., a ,Yign,v e ltJeva[:aorr.il fee: vel datual: thence S ueherly a ang said me n high wa e::t Ltu: ., arts a 1 ni ng f. otginning Notth 4J° d6' 19" West; thence along said :. m• Sou [h,47°~.9'o19"~L'ast, appro ma[ely ]10 feet to [nenpoinc o° beg`nninq. Containing 3.91d acres mire or less or 1]0,419.75 square fee[ more ar less. PARCEL B Begin at Che North+es[ c of Section 70, Tovnshlp 19 South, Range IS East, said point having CAe coordinates (based on [he ~ Pinellas County grid tystem)rof rorth 16300.72, East 71052.98; [hence run North B9° Ol' 31" East, 8d3.d1 Ieet, to a point rc [Ae centerline of Culf Blvd.; thence a1o;g said renterllne South /7° 13' J1" west, AI).97 fee[; [hence North 41° 46' 19" asst, 50.0 tee[ [o tee min[ of beginning. From the point of beginning run North 41° 17' JI" Bas[, 560 feet; [hence North 4]° 46' 19" Nest, approximately 5)6.90 fee[ to the ratan high valet line (elevation 1.27 feet sea level datum); [hence Southerly along f mean high va ter line [o a paint [hat intersects a line tunni;g from Ne point of Mgirming Hor[h 4J° 46' 79" West; thence along said line South 4] O6' 79" Eas[, approximately 791.97 fee[ to [he point of beginning. Containing 5.97] acres irore or less. PARCEL C Regan at ere Northwest cornet of Section 10, Township 79 South, Pangs I3 East, said point hav.i ng tNe coo; dirates (based on [he Pinellas County grid system) of North 16500.17, East 7145].98 feet; thence run North B9° 01' 31" east, Bd7.d1 feet, to a point n :he centerline of Gulf elvd.: thence along said center) ins South 41° ll' 31' West, 1,307.93 feet; thenre North 4]° d6' 19" vest, 50.0 feat, Co the point of beginning. From the point of beginnisq run Sou[,i 71° IJ' 31" west, 31.19 feet; thence along a cu co the left, radius 7,919.]9 feet, rc 3d]. J9 fee[, chord South J6° 50' 19" Nest, 546.98 feet; thence North 6J° ll' i1" west, approximately 715.] feet to the mean high valet line (ele~a[ion I.:7 feet s a level datum)[ thence Northerly along said me n high water i e to a paint that intersects a line rv+viing from [he point of Deainning North 47° db' 29" Nest; Chexe along said line South 9]' 4h' 19" East, approximately 319 feet [c the point of beginning. 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'.:~~: _~ I ---'L 6L-cK PAR~7E7 WGLL ~-p~ETAI (OUNTE--FLA4HW6 ' MBE F1At N~NG CoMVD, CANT lTRI1 3~MNIInUR. {. Nls 'PoIrJTSI GMVlL lI.RMt! illILTDP RtlDFING MMINIMUM ~ La WLNTS/ CKj - • t•~l'• a pW ,.~J LIGHT G-NG•~ILL ~~ ~ ~!i 1RUCTURAL SLAG FL ASLIING•DETAIL • h=1'o ~i R+~ ~ baJ2 rF M1il ~ W£ic SNAP] ~OfA ~)A /~F ~ • ' ~ ` i .. s~cronAfl~'cev y£wruouse_^_ ___ _ 1 •i' ,~'~~~~ 4 P:,~ 8 W O r z I . 3 ~ w ~ ~.J I Ra+~ ~ i ® Ro.r dodgy n A'M.I[N!(iE ~-Y~~ N I:~' ~15 ;,16j ill , t'°~- .. . I~,z:,-. ~ 4 r . - z'vc..*u~Tort W 2xv~t 1TUP ~ A j -' ... .. _.. ~ [lUitT.yP ~F6. MtT.6 1q• N, ---{ i - i ~ ~- fir---, ~t~ ~ ~ 'I I _ ~ 0 I"= I'-o' I -- ! '~~ M~Cx1ul IoOM l- '*~° 13p~r„ ilk"pipe ~ ~IJ~ ~y ~~ ~ 'o r ~, --'- 'I ' o t~ 4q I Five -'-. ~' ~4 ,~ I Rcen ~ ~ - ~' ,, F. Fax. ~ --- __ . - ~, 4 Ex P•i3oti r'~. 0 _~ ~~ .o ~ ~ _ _ ~l W . _ _~ ~ 19~ FL, ~ -~.-.: r --~ - -- - -• 1 . W O ~ . i~ . ;xt: f ` ~,-. eaoolnno ~ i I~ - w ; ~~ I F•-- _~ ~ i m ~- -~ ~ ~'-IOY_, .. ~ ~ ~ ~ i ~ ~ I ~ i I'. ~ ~ q:..:r -- - ~G - - ---- /.t~ - { - r----~ ~SEF; W.c~~L psT4it5 oN Dwc. ~1'1l ~ _j !-1 I I . •_ ___ -. _-._~ N07 RIFY ALL1NSTA LgTIO"t eiMEN510N5 _ Y Z~. _ -, T, E. ~• Z, g A~ 2. _ T_._~. ~ 2, ~5, 1V17H ELEVATOR SUDPUEf(5 FI L ~• ~ ~ ~ T~ ~ ~ ~ ~ ~ ' ~ 'i CpiLTl F1~G. APDRCVED SHOP .DpA~YIN1 113,1' IPi {6 ~ '~ ~ DCFORE PROCEEDING WITH GONSTRI ~-~ _ ~17 IJ .~J ;I F;1 ~IT~ -_-. .. .. __ 24 s,. . , ~ TION, f~OJ~_ L.l, .",.-.-- 4' 1-0" A~L'r 1?~E g00M FL.JDFc t_E`~ F;:L 4 ~1,_a• ~l._EVATU~ uATGH ~. PENT-u0U5E DETA1 LS ~Z as 00 wa WO OV -- h---~-j'--~- - ~- '~..~. ~ e~<~R. I~ FXaS= - .__ MRT LM~R _ P ~tR ' 4, t S L_ ~ \ ~ I \ t I I~ j~...- , i ~}}`` 0. I Y .I.._..-_ __ IL'ft .0 ~ I i ~ - ~'~ uFi,¢ HATCH ~ I _ _____ ~ 'U~p SE~"';ON P~-B ;1I6 ~_-o-- - D .. v. A o~ ~~ `... _. 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' ~ftr ,a >e . ~' f foR 3 °Ft.ooa onty sFC ~~en ~6ovE -~_-- ----- ..qqqqyyyy onccen• i-' ~-;.b' e3.<,LC. ¢i I''1 " 1~ 1 }. ~ - ~ 3'tao F R Or 4..10 ~oM STEEL «F {T_ F _ S6~ CO. S .i-~ [ T.~ .~_ _ _ ~ .;.~: f ' ~ SG ~.IE: .4-O' 1 3 h. Ie4 c 4 I , i. 4 t t 3 - .._..~ S.vr+~ PRV ~ 1 l j.. V,F W . , ~~- t. ~~ O r..._ ..~_.e ~~ (' ~} ,R~; ~r ~~«..a - .-..-....~... - ... ~. ,.. - ,.. wil ."., h ..._.....~. .-...- «.__-,-__ ._ ._ ....i:.'i ~ ~ {"xi _ V ~,Nr~ _.e/,t. ~ Y ~. I ~~`.. --:r.'b.`.~5c+s.. dt- .... ir. '~..' 'fr. ~ .+. ~. - .~ , ...., a'' 7~3m~ :..R.. w,., . ,rP 'w ,.I .. ~ ~ ..,.~ -- i i ...~ a _.,~~hiR!~'„ ~~~_ ~-~00 -`~_S~~E~~;;.<Ett~F. h~'LAI~ - Ls?~CN.'_.<._~':-A_'_.- '~.ti.O ~ `~ i 1 .I 4i ';, I r~, i 1 ___~ ..~ 6 , ~ d O ~ r ~ w s N ~ P ~ Q ~ J i ~ ~: ~ 1 I i ~. `.. i. i G~ I __..._.__.._~ i.; II ,~. .'• " - ~: ~. , * ~ a , ~. ` • r k ' W N { O O ® © © Ip ~ Ij I~ + 1115 11 19 21 Z) ~ O ® ~ .. ~' r ~. 245 '(f` _ • . '~ '. ~ 1 ~1• i+. ~+ _ .. ~ 9~- 01 ~' 4~ _~_-)-~ _,' 1 1 14~- .. --. F- _ ..11 4 i4_~ ~ 1 B~- -. -_ 8 _ r 1 ~ 6 T J.1.• -_. y ..--~4--4. _ ' _. -2 .__ ~ ~ ~ ~ . ~ ?~ ~- ~ ''t i I . , ~ ~' I ~ j I I Ik a `! .~ . ~~ f ~ ~ ~.I ' Z° '~~ ~ ,~ I.~' . 1 I I ~~a'~ ~.( I I• I I / i I I ~ y ~ I 1 I ~ I ~ i y I.. I. I ~Y I ;~ ~ 1 t r-I ;.~;t ~ + '. i~ 1 ~ 1 i i l• I , ~ ~ i I ~ I ~ . ' ~ i I '~ . . I I I r ~ I * i ~ .. _ . _ _ _~ ~-- ~ - -- -- - - - - -- _... . _ _ _ ~ . ; , I l ' I r ~ ~i - ~ , y~ ' s~3.!_ • ~~, ~'~ti i1s4 ~!ti- isms • ij•d ~~s• rose ~~s• i ' ~? F ~ , f ~ : } (T , i I I I I I l.r : ; I , o,I I , + I I~ I oI I al l ay I I I I i I I olp I ~ ol I ~ ( ~~ o; I l ol I~ ~ o~ ~~ ~ :~~ I ~ _~ -- n _ L _ `_~ ~ _ I II _J + ~ _~ ~ __-I ~ I ___ ~ -'1 ~ --J L_ -sJ x , I -- ~ -a-- L -Q -I _~_ ~ r y,^'~ t' ..~ ~ _ a N 4 ~ • ~- - - y -- _ -~ - - 1 I --- L~- ~ - - - - - -- - ,• ~ I - ~ ~ f , I I I I ~ -- ~ ~ i ~g~l ~' ~. ~ , j ~ ~~ 1 ~ ~ • 4-~' ,,~~.- .~1.,, ro.:., 4 i- i r i ' ifs ~ ~~ ' tea. } ....,y...l. , __. ,.. .-.• - I- ~° ~ ., J5,8. .5,~ ~~ / ~d . -r~-Ij w4„g,~ i ~ -~IS - - - ~ 1 _ I_ ~- _ ~ - ~ ZO-O~ ~4 ' -'I ~ ~ - i -_ ~~ THRU ~ 4TH FLOOR ToP STEEL REIf~F PLAN - l8d COt~G. SLAB.- U.I~I.a l _ _~ ~: 'I .1i1 2-1 ~ ff ,~,Y• +~: r u S .. - ., .. _ __ .,. .. .. .I f. _. 'S coNT. _f6., E1~K. 0 ~ ~ ,w4 r 4,.0. in ----f-r-~----...~ 1 . 2'O } SECTION_ A _ 511 '.'- •. 1 ~~ O O O O © 10 I {`' Ill•:.4 ~ ..I~' B„ / ~~' Bb ~ 14'~ 4n ~ 14~- 4i~ ~ II ___ i~_1 'i i ~ ~ d I • m I ~ ~ 9'~ IDl~ ID•4 1 ~~ 0 ' I PI ro ~ ~ I 9°G 0'4 H•4 ~ ~n, ~ ~ o _ L _ J ~ o~ _ _ N _ _ ~ 11 •L D r , o J _ n' '~4 ~o~ ~~ a w' ~,o• _ F `n (~ , _ ~ ~J H [J lJ I A IZ Ij~ IS 12 19 21 .29 25 2T O _ n o _ ...._ - .... ---...... .. y ' 1 41- 81 2!5 42 14. ~ 12 - H lA- a° 14~- ae 19' 8° la' Ei• 1l~, _ ~ ~, 19-.5 r ~ i Y-.. i i i ..... r--.._.. __...- --~ ~- - -... ... I -~ ~ I, ~ ~ I ~ ~. 1. ~ ~ I' ~ r I~ I r -_ - S q'6 I ~ 5 1, q•G Sal ,3'n 13.4 H'4 i3 `4 __ _ ~, I N .~ I N ---_ I - I o I • m I. Z ~_ -e .' ~ _ _ Ll M ~ '_ 'L1 .i i n = ~ '_ ~ r ~ i ~ ~ '- ~ ~ 9'6 9"G i 1 9'5 9' S ~ 'L 7'L ~ b "- ~ 9•G.^ q'4 I , ~_ 13°4 i3°A i3`4 13'4 ,i •4 13'4 A °4 13`4 19`4 I A 1 511 I I J J I ~ 1 ~ ~~ V J ~ f V r ~ 1 ~ - ~ ' u i I 'I~ I 5. I I ;8. 5'4 ` ~ 7 .. -.-- .- q .5 I I -- I i I __. - _L_ -_. i ~~ ~ I`~ is 7B ` 4~ i6" - ~: $ EIE V. PENT wo~~SE "/AlL ~( r-~ 1 'I~•4 -~.~+4t ~ IOTti' 10G~' 104 ~ lc G~ I ~_ ~ ~ ~ I ~ ~ ~ J ~~ ~ ~ J~ ~ i~U ~ • ~~ a ,~ a, ~ ~, ~ N; Ja .~_ rv _ _~ I I- I _. 5.5 . ~, -"{~-S-~-S..-J- - - v~'S _ a~'S ~ ~f.~ ~ 5'5 ~ ~ G•5 vl I.. _ ~ ~ _ I _. r Q. - 1 I I I ~ LI ~~~' U ' ~~ i ,~ I b. ~~u f~5•q - --S%q" i '' ~, Q.q 5•q+4 II _ _ ~~ - _ I II~'~ ~ _ ~_ _ " `10~ ~ ~ --~ .' -- I---' 9 'Sr 19 5 ', s ~; I ; i- i 1 ~ _ _~~__ ~_~ _J.-. - --~-- - I I ~ I ,~,~ i _~ .. 4._ L 'o 5 11y5 _ I .18,4 3 ~~LL ;oES sroP Al unDERS~oi oc RooF ' ~/ E+cCEPi rHnSE SHADED :N fj EACiE. 1 17! _-/.O +9L COI, ElE EOW CuANGE$ TU / 10 • 24 ~E~ovE rzocF. ' - 1 ry_~1. •~+ SE[ W~ rypE~ SHEET S2 ~-- I _~_J ~-_~ 0 u 10-0 r 1'b ~ 1"E ~ n n IW'1 L4. B ' fit 4'4 CUNT. TOP ~ gUT1UN ~ ~ 1~ ~ w(•3sna.e8' i pI 1 1 N I ` I '~ ROpC SEAR 7 ~1! - EiM~ A!SII .~ tt~ lf.,'' RooF ToP SzEEL _R ~~ P P~t`I=~~ GONC SLAB' U r`(.O~ Y4E.E~~g1=11•an I Inc 'G JI a al m ~ 6 'S .. i__ _. I-. --off` ~ i ~ m.4 N t, ; N r it -~~ ~ - 9 ". P r 9"4 9'4 ~ o' ~ ~~ I ~ ' 10'4 l0'4 N~ '~ r j~ nn ff --- 1 - _- .1 --- i 17 Bu ~ W 3' O Q Ill N •+ l~ 7 0 J 7 _ __ 1-8 T4 Ql,~E~, ~'1~~~1~IM & WHITE ~ I srr~:~r-~rt:,, e:r~c7~r~~~:Rs i i~ I.I E3AR LENGTH CODE L-LENGTH •OF LARaER OR TWO ADJACENT CLEAR 3PAN5 j Ln,~ ~E~1. Suown ¢` IMTealoa BUDPOpf -~-', ~ ~ y FE ~ Lou,' ~oL .SOIL 1 aol - - iOL~ - ~~ ~ I Lola w~TOL 1oI ~.iol I 4ol: Q 0 F A ~a F n a 8 iit~.l .471 .71E .111 -t. 21l - : A F~ OeU BQ l ! : - ~ r .. p m~ ~~ ~ $ ~ X13: 7+~ Lro ~ ~ ____ Lna _ _ _ ~ __Ln~ - -- `- NOTE: COLUMN STRIP EMRS ARE TO D! FADRICATED M - TWO LENDTNS AS SHOWN ABO'vL. NOTES: I. 25% OF i0P BARS IN ANY COLUMN STRIP MUST 0E PLACED WITHIN AN AREA BOUNDED BYA LINE 6~I EITHER SIDE OF COLUMN. 2. BAR PLACEMENT: • BARS CIOSlST TO THE TOP (EOT. OF THE SLA9 ARE TO BE RACED PARALLEL TO THE PRIORITY ARROW. MgxIMUM BAR SPACING 19 Il° (EXCEPT TEMP STE6L~ 3. ftARS CLOSEST ?O TOp !, E0T OF SLAB TO NAVE AT LEAST ~y' COVER BUT NOT MORE THAN I". 4. AN if ON THE PLAN INDICATES STEEL W/3RD(LASt~ PRIORITY PLACEMENT. 5. BOTTOM REINF, IS A GRID OF 44 BARS CONT. ~ 11° Eq, WAY. 6 TNF FIRST 2 ADCNTIONAL BARS @ ANY 9lAB EDGE ARE TO BE LOCATED IN THE FIRST I'-O"FROM THE 9lAB EDGE; THE REST Tp BE LC{ATED PER NOT! MT. 7. BARS 9NOWN ON EOTTOM PLAN ARE IN gODIT10N TO 80.10 STEEL ANO ARE TO BE EVENLY DISTRIBUTED WITHIN THE 9TRIP~ ONE E%T RA 5AR TO B6 PLACED AT CENTtR OF STRIP, TWO EkTRA ESARS qT 'g °D POINTS ,ETC.. BARS TO BE NI THE OAM6 PLANC AE iNE GRID EARS IN tHA7 DIRECTION. B.FOR All OPENINGS IN BLAB WHERE 9ARS AftE INTERRUPTED, PROCEED A9 FOLl0Y/5: C. OPENINrmb COMMON TD'TMIO MTERDECTIN6 MID-STRIPS, ADD ONE BAR SAME 911E ANO LENGTH AY NEAREST SIDE OF OPEHIN6 FOR EACH. INTHNiUPTti:O 9Aii. b. OPENINGS COMMOWTOTMIOCOLUMN STRIPS: NOT MORE TWAN b OF BARS IN E'ITNERSPA:SIMAY BE INTERRUPTED. EOUNALENT OF REINF.INTERiUPTEOlNAILBEADOlOONALl51DE50F THE OPENING. C. OPENINGS COMMON TO ONE COLUMN STRIPE ONE MID~STRIP WRL BE THE aAJ•Sl AS NOTE Ab EXCEPT '4 OF THE TSARS MAY ESL INTERRUPTED. 9. CONDUITS OR PIPES IN SLAB MUST BE !RON CR STEEL tUNC04TtD OR 6AlV.} NOT THINNER THAN STANDARD SCHEDULE 40, RUST NOT EItCEEO AN OUTSIDE DIAMF7ER OF '> • Sl,gy~~jNiCkNE55 C0. 2" LD. MAX., MUST ESE LOCATED BETWEEN SIRS StEEI ,IpD EPACED NOi LE55 TyAN S DIAMETERS ON CENTER. IO.OPENINGS OTHER THAN tMAbt Ov@HNGt ARE TO 66 MAD! BY ~LlEVING WITHOUT ARV INTERRUPTION TO SlA9 STtlL I1. REINF. STtlL TO OE. A61S-GO 12 CONC SLA65 TO EIC 4000 P.51 . ;I. 1 L. _ -a ~ ~CDL Si RtP `+- - ----- n"IC STRIP - -""~- - CGL. ~ STRIP --+-~- NID STRIP ~ ~roL ~ cn~ --.-- i At 8A0. SPAi:N6 :5 ~ i Z%',LAB THICKNESS ~ I i. -.7 "'"YPICAL SECT THP,L: SLAB :, L.J r~ I i ~J ~~ - - i l LJ L}J .iof,,. ,.,i :2oLn~ > I 3oLo, 3b Ln: i„d Lvd ~_, :.. I L~ - -• -~ !' ~ I i + ~~ ~'J ~,J l: ~. , ' -.N CF TY PICA'. fCl 5"RIP 340. :.>CE^tEti` --- ~_'. I 1 ~ {~ W -O Q [nW U , I pv Q ~' J i _{ i i. -d T~ ULSFN, PURDUM & WHITE S ~ 2 S1'RUCT'URAL. [:NGIfYEE.RS ;? rl'.'f: R::BUq,1 ft CRIOAIC~! I' li I I ~I i ~. .. I f. ~~ f I ~. ~y I F' i 1 ~x ., ~14 r,. I' ~ i'. ~~ E i ,' • f Qo~F ' ._ i `8' No'„ ~~..M j 'I i f I) 1; J '~ S r MACN. ROOK FL¢, ~~ r _ - r ~. ~ ~tl I.:.~ r f I ~' 12'BfAM 2 ` ~ ,-~ u F.IF'v. C.:'r11. -:]t r s v. r. STAIR wEu I~ `+--~--'-~ ~ 'S I~ } I ~, r r-~ ~_ -- I III', r C, LV. 5.1A:' •Se12'E.. wv roP'i eorroM }` Conc. CW[¢ SECTION I S12 SE CTION TNRI; EIC VA.T O¢ TOWfR $C AIf 0• I-o' I I,' ^~ 5v Qi.S SE~riON ~~C t ~r t „'' ,., .. .. 1 5E<' 'r., d ~. ~5 i ~. ~'.~- ~T .~~; .. _ n.a ° [ c„~ . 4~ _~I •~tO~• 2+g E,-.. r~ y 'Z S*'.R a 11' BM- Ai>,2 --~- '--r 5 ra - ~. u r ~~. '25~~u i. ,r 8M E 5it r-~ J `, i 1 5 TOP-Hr:^. & ° 5 Bor. * + ' iD ' T>nu.- ' . D;. TOP ~r ~~. I •ar~r _ eer,_tt_ +ar _~I I ~~ I '7u _.. I JI it v I ~ ~ I r,l '4pr. E I ~ I ~ ..L_ 3 ..i.~ C. .. ml_ rrl2 I ~r I. i o _I A °: I ~ sl ~ ..- - -- ~ D~ C .a ~ ! "SHIT' •5£d` 'gP9'I •6i 1". fIUII IiWII a v ,! I !T -y r' I Q I y i m ' rl T Ir "----- n .qp .I ' S c 12' ? _ teP Q ~~ N r~- -------~-------.11_ ~-~_~---- ~) - _± „ DM OiS7~i t-~Sfb, iAT ED4f~ 5'~ y._2• ,_ )'-.a SAn[ AS COeNfR t- -r - A I ~_^ rids sort B'rNx.`-.... 't5' I~ Ij': ,MPCU, 0.r)oH F Looti x.12"+Q'• IT s,MP 5[E EI FoR-wcenl r,~l ~ c 1 r ,~~.. NI 5.. ~ ~ ' J -i..S rw• Wv D. ' t `5 riDr. 4 in ~ ~ ~ `~ ynv • ri 9M. g/ii2 _1 I ,~ti e t.'S *or. u'.c ~ . l ` .. 2. +52Or. + 8 ~. q Sr,R.±r2~ 1 BM. U!5,2 ,. ' d. I • ~ ~ 5 i +7 fSpT. k~0! 'Z v,a-e If Et M. F.'S~. I }~ i~ i "~ `.I _I J I ` I •', II I i !f n C I r d f w I f ~ In -I , ~ q."5 wrc..r.P ac uAfS `~i ° -.- ~ i r~ cons"„OrnT Op TiDhAI ~ r q. r6 eor. ~ J d, I r35r~4.e 10' :i I _.~' I ~1p a I I BM~~ N/5i2 9'I' E'.rt ~~~~ r-- __~.-_._.__._ ..... .r I ... -. __ - .. ... ~ r+ II I 'ir12' °aP li° eqF .1 rarrj ! ~~ ''. '4e q' r4F4 rq..2' ~ I _ d, .. ~ 6r. 1v;.~ aor I - - , r - - -- y `~ . - - i I '7 I , ,r, ~ r I ~ 0 ?! r j j _ ~ ,~ E; E ~ ~ I c~ ~~ mr I! 1 Q f .. tll! N I ~~ ' M ~ I`I I 5 ~ l '' i ~`'J-~ i i 1 I '~ '•~ I ~, - --- ~_ , - 3n E _._. ___~- I a~o4 /sl2 ( +. i ~~ w "?A~Nr ROOM ROOF ~.{g- G~ ruu. rr.+ SUfj j. I'•O' I ~~ t_- F '~ ;~ ~ ,,r :~ • ~ITY OF CLEARWATER ~.,>'`~_.-- ~ Interdeportment Correspondence Sheet T0: City I~ianager ~ ~ -. :. - FRCM: Arthur M. Kruse, Chairman the Zoning and Planning Board - -. -_ COPIES: - t~ity Attorney . _. - ~ - ;.SUBJECT: Zoning for Dints Point .Intent for Annexation Ordinance X956 ..: DATE: - 2'taY 9 : 19 6 3 - .: - is One parcel in the. Intent for Aniriexation Ordinance #956 - - _ Dan's Point.- From the description 'of the property-and the - record of the legally established bulkhead line, the potential land use of this area Mould amount to over 300 acres, ex-~ elusive of right-of-way.. (This amounts to an az^ea e~tial to all the land used for. "B" purpose as tabulated for Cle~.rs~ater _ - -- in April, 1958.) Because of the extent of this potential land - usage, the Eoard feels it cannot intelligently offer atoning - recommendation at this time for this partictala~~ annexation - parcel without- (1) a knowledge of City com~nitrnerts ,and (2 ) a proposed plan of developmes±-r. -that would reasonably es~:ab- es r nc iona -~.reas lush a ro riate se aration of land us o fu t _ 1 c PP P P determined b site location factors. y if such a plan is not available, then zoning for this area should remain in a most restricted. residential or public ~ ~. .classification until such time a plan ar portion thereof -~ can be~zoned in accordance to a need and related comple- mentary uses. Although the intention may be to develop this area in accordance to its most appropriate and economic poten~ial, the zoning of the entire tract to "B", Business, ~. may defeat this purpose and may not be in the best interest of the. City. ~ ~ ~ - . - - . AMID: ~h ~ . THE ?ONING Arab PI.,r'13'dtIII4'G~ARD '... - - ~- Minutes . of the' rieeting, Tuesday, clay 7, 3363 0 . -: The 'meeting ~~as cared to~ order at 3:00 Po Ma by the Chairnan, ~--- r4r; Kruse o Present were :~err~ars Harries „ Gates ~ Mylandzr, Kennedy, ~~_;` - and Gallouray, Mro, Rettig of the Engineering Lepartnienr, and ;ira 47o11e e The minutes of the meetings of 14p?-il 23, 1063, a.•.d-April 3(3, 1563, were approbed as ~ szbmi tied in writ ten su:~mation to each member, BUSINE'SS_ZCNI1~c, PPn'JEST.- Itd.TErT FOR APdid£~4TIOr1 ORDZ3~+APaC~; ~°5S - -~- -~ a~.~.~ ----=-~=------- --- ~-- - DADt`f ~ POINT- CGEr?ERAL LOCATTOrI: r.OR-iH Ei~tD OF $ELIsEAIR FEAC'.i d - - - _ - - =-~-----~_~~~...- _-~ -__-_- - ~.a - f continued - fro? ~~ / 3 0 / 6 3 } The Planner disn2a-yed a 3I3 C~ 0 ..scale dra~~in ; of the parcel t scale.. oi= offical zoning nap for purposes of cor_^.parison}e The length of -the point he as~zmated to be ~pproxiw mately ~ yOQG fta He. informed tl:e oa?^d thats basted on the eescripa - tion given in the it tent o~ dina~~ce and record of t3-ie legals.y esta.b-~ fished bulk7:ead ~.ine, the potEnt~_a1 ]_~,nd v~se a~~za could. be aver 30Q acrYs {an amount e uivalent to all busi:~ess ~:ses within: the ' City as tabulated ia. 1958, exclusive of rghts~of~-*~Ja~-~ o Mr, I~iolle proposed that the City rianager migh-t obtain for the Board some plan of zoning for dezelop~en ~ o . Mro Rettig adv.; sed t1~a•~ tre Engineering Dez~artment did not have information a~ to the exte:~~: of any proposed f:t1l areas o Discussion fozlowecl which revealed th~.t the Boars? :aas in agreement that. it could not in velligeri t1y o`fex~ 'a zoning recc-~~ ~:endatiori withoLt infornc~tion cs to prior agreements and a proposed plan of c:eve7.~~Fmento.. Mohan :gas passed .that a request fo= ir.Fo_rma--~ Lion be subu~itted to the Ci t~; .':anzger: ~ `` ~ . VACATION OF ALLY BETk'~EN Fi'~OS?ECT I~t•IU A'iYRTLE ~:j1E o - B E td KREN'T'Zi~ii RE U~,ST =~- Referral ~~as m3de in Menarandem of. the City l~ianager dated t~iay 7, 19fi3„ At 3:10 P~ 1•so ?~;ro Ben K'rcntzman, Atrorney, apFeared -before the 8oai'C~i to .present re~e:~st or Drs Johnso:: for vacation ot_ alley in 81oeY. 3 of I•iilton Parr Su.bciu? si on, ~Zt w~~s brought oft that Imo-' 1o On Aoril 23, 1663; !Sis client ~roaS grar;tzd use for doetor~s flf f:-.ce for. T.o-c ~ at. the sc+~t he <st cornEr ci Je ffor.~s St arcl i~li;~le Ave: o t?~4 zone ~ and desir ~d c:toti ure o.` this i ~ - ~. - .. - ., ~ - . ~~ zcr~~~aG ~u~~~ r-L~~~1~~r~~ ga~ _ t - .. i~iir.~fie4 of t?ie Mee~cing, Tizes~a;*, Mai, 1~ ~ i96~e • _ _ _. -. The ~reet~r~g yeas :called ~:c~ cr~.ar. afi. ~.Ot7 ~'b 1~~~ ~y •E;he Ch~ir~2a*~, . t~ Piro Kruse, Pr esen~c ~,•:~re I?z::~I~ers i~urrj es Garr:s sh~'ladder. Kei~n~~y I.~,-' y ~ .. ~ and Ga3~.o=gay, ?i~•*o Refitig of the. i;`nyin~ c:r~_n ; nuPa~.~-~,uent 4 anc~ Mro ~oZ 12 0 ~- . ,''. The rn.?.r_ut~s of 1='~~ ~yefii.~g of _May :t ; 13~ 3 , as su.S~lit-~a3 . In - - 6d?^'? ~.:tei2 SI2~dilpri fi~ each ~~~~r , tv°nra dpi Z't~v~~~'i '~7'' t~'2 Cori~°,` i io2t in - Par~.graPh ~ ; Page 5 : eha:ig~ ~~ 1 to ,a~~ o tyre k;el.le re~crzvd tha~r he planred to be in at'~e~?dGnce aL i~-~e - a:~r•~al cfl~fQo~4r_cv on P~.anra~,.n a*-:c: ~on~z_g -±n Tarns a cn ~h~rsc?t.y and Friday s ~~;~ ? S and ~.7 , arcs Pass~.h'ly or. Sat-L~.k~LL y ~ ~e felt the Thus-- - .dad ah~ Sa _~.~r:Iar s4ss.;: tins ~r~ta1L ha of spec ~.al ~.:?-c~::~st to a?~y ;re: ~be?~~~: • who c~u~.d atte~zcl L~T'f~:c BASK:.??--Tr'~~'L~;R PLC?~FS7' -- r~~~:.• Gh~.:~r pan rePor~~¢3 than ?-ke n~.ci gvrsci,all dw3iv~i^=.d ri~:y ~tY~ T_.e°~ara>>:::~~_z, ~ i~c •Li^.~~ C:i.-ry I~a~.a&er a~h-~ . 7!?~'~i.3.3Z~. $~';Er~'Or3rU3S ?`EL,'CiiL~.G'72Qc;La.C1`ia G'OrC:~~?^33~.?'3~ ~''c'.~;? ^a~= Cf i:3v''S:? dAii..L.i.~ ' can-zs as gres2~ifi ~c~ to fihe is^arr~ cn. i~ia_y 7 / a ~ ~ . n r- r. r7 j .•. r~r .. Z ~" 1'~ ~ ri f T °l'r1 ~'!+'~' + n T' \- ',- °'S i ~ i P. ,,.. C~ :,Oi~__~~G r C11 ~AI~S a Pt?3.Pb s.~`I'.:.3~.~ ~ ~.~? ~~~~,F~.. .. 0~•I 1 ~.:~Ita~'~-~Cr, ~r ~ ~ ~. 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S'~,a~dP.3;, <~I'.d ~2.L's it0$ k?n.71$ Ln.~~~ii~C1u~•.$$ '~}i8 ti .. .. .. . \ op~I1INArrcE No. 952 AN ORDINANCE AMENhING CHA_PTER__26 OF THE CODE OF ORDINANCES, CITY OF CLEAR~'IATER, FLORIDA., THE CITY 7.OI~TING ORDINArdCE AND LAW, AND ANILNDING THE ?ONII~'G MAP OF :957, AS AMENDED, GF THE CITY OF CLEA.RV~TATER, FL CRIDA, 3Y RECLASSIFYING AND ZONING CERTAIN PROPERTY AS DESCRIBED HEREIN; BY ?ROVIDING FOR THE REPRODUCTIOr7 OF THE ^ONIr1G rfAP IN ATLAS FCRM TO ~NCL UDE THE REQUIRED NUMBER OF SHEETS IN A USABLE SI?E AND TO REDESIG - ~tATE THE ?ONING IV~A'~, Ac AMENDED, "THE ZONING MAP OF THE CITY OF CL~EAR- :WATER, FLORIDA, OF 1962 "; BY ADDING DEr INITIONS OF THE FOLL;OZ~+IING: UMEP-.GENCY SHELTER, MOBILE HOME, MODEL• HOME AND T?P.EFABRICATED STRUC- TURE; BY ADDING A PROFESSIONAL. AND RELATED SERVICES DISTRICT (PRS) AND A SHOPPING CENTER DISTRICT (SC) UNDER TH~ USE DISTRIOT CLASSIFICATIGNS; BY CLARIFYING SETBACK REQUIREMENTS APPL,ICABL:E IN R-1 USE DISTRICTS; BY ADDING DESCRIPTIONS AND CLASSIFICATIG>NS OF MARINA FACIL ITI'F.S AND MARINA SERVICE FACILITIES AND PROVIDING THAT SAID USES MAY BE 1ERMITTED BY THE BOARD OF ADJUSTI~lENT AND APPEAL AS t~ SPECIAL F.XC PTIQN IIV (R -4) D/iTJLTIPL•E DWELLING, HOTEL, MOTEL, APARTMENT HOUSE USE DISTRICT AND (R-M) r~IUL TIPLE D'I~ELL.ING AND LIMITED BUSII~?ESS USE DISTRICT; BY ANiEI~TDITtiTG MfJ3?LE HOME PARK REQUIREMENTS APPLICABLE TO MI1V'IP/IiJM TOTAL AREA UTv1DER CEP~- TAIN CIRCUMSTANCES; BY AMENDII\TG MOBILE HOME Pf~RK P.EQUIREM~:NTS TO REQUIRE CORNERS CF ALL LOTS OR ,SPACES OT1 A??'?ROVED '?CATS TO BE MARKED ON THE GROUND BY PERMANENT MARKERS; BY AMENDING MOBIL. E HOl/E T~ARK P.EQUIREMENTS TO ALLO~V ERECTION OF A 7?RF.FABRICATED STRUCTURE UNDER CERTAIN CIRCUMSTANCES; BY AMENDING USE REGULATIONS IN AN (R-M) MUI.:TIPLE Dti~JELLING AND LIMITED BUSINESS USE DISTRICT, TO PERMIT CERTAIN CO1vIMERCIAr ECREATIONAL FACILITIES AS AN EXCEPTIOI-d VJ'riEN APPROVED FEND PERMITTED BY THE BOARD CF ADJUSTMENT AND APPEAL Or? ZONING; BY A.DDI1`dG Ui1DER USE REGULATIOI~~:S A PROFESSIONAL AND REL•ATE:~ SERVICES DISTRICT AND SETT iNG F ORTH THE PERMITTED USES THEREIN AND THE SPECIAL EXCEPTIONS PERMISSiBI_t~ THEREIi1 THROUGH TI-IE BOARD OF ADJUSTMENT AND APPEAL, TCGETHr:.P. ~TITH CERTAIN r~'INIMUM PARKING, AREA, SETBACK AND SIGN REQUIREMENTS APPLICABL:~ TO SAID USE DISTRICT; BY ADDING UNDER USE REGULATIONS A SHOPPING CENTEn DIST:~ciCT; l-AND SETTING FORTH THE r/INIMUM REQUIREMENTS APf.~LICABLE THEP,.E- TOx TOG.e THER >~ITH CERTAIN SUB-CLASSIFICATION TYT'ES UNDER S:~O'~?ING CENTER D?STRICT; BY CLARIFYING LOCATION, HEIGHT AND AREA REGUI_~^~TIONS A.~?1?L~ICABLE TO EMERGENCY SHELTERS A.ND ESTABLISHING MINIr.QUM Rr'.QUIRE- M.'~rITS AND STANDARDS FOR ApPF,OVED EMERGENCY SHELTERS; BY Ar~ENDING LOCF.TIOI1, HEIGHT AND AREA RE GULA.TIONS BY ESTAEL IS'riIrdG A SETBAC:::~ REQTJIREI~/IENT FOR STRUCTURES IN A (P) ??UBL.IC USE DISTRICT; BY 1~MFhTDING .~OCATION, HF:,IGHT AND UREA REGULATIONS, FENCE AND MALL REQUIREMENTS, TG ifAT~E THEM A]?PLICI=,BLE TO RESILENTIAL USED ?~R01?ERT?ES IN Z`?ON- RESIDET~TTLAL: USE DISTRICTS UTIDER CERTAIN CIRCUMSTANCE'S; BY AP~%tENDING L.O:,ATION, HEIGHT AND f`.R%A REGULATIONS BY ESTABLISHING OFF-STREET P1'iR.KIIVG REQUIREMENTS AND OFF-STREET LOADING R~^uUIRE1MENTS AND ?~RO- V,ID.ING ~ OP. THE DEFINITION A\TD T;_ APPLICATION THEREOF; BY AMENDITG THE BOAP~D OF ADJUSTMENT AND APPEF: L SECTION TO PRv^VIDE THE CITY CCMM?ccjO~T SHALL. TOOT LESS THAN T`~`dELVE DAYS AND NCT MORE T%IArd FORTY-r^IVE DAYS AFTE TH E FILIrTG OF AN APPEl'~L FROM THE BOARD OF ADJUSTT,~IENT AND APPE !? T . HCL~D A PUBLIC HEARING THEREON AND RENDER tTS DECISION; BY AP/IErTDING BOARD GF ADJUSTMENT AND APPEAL SECTION TO PROVIDE THAT THE BOARD OF ADJ`JST- MErTT AND I~PPEAL MAY PERMIT AN OCCUPIED OR AN UNOCCUPIED DV'TEL.I_ LNG TO BE USED A.S A P,~~'L EL• HOME IN AN R-1, R-2, OR R-4 USE DISTRICT UN^i,R CERTE~,ITd CIRCUMSTANCES AND SUBJECT TO CEP.TAIN CONDITIONS; PROVIDING FOR REPEIyL• OF OPDINANCES OR PARTS OF ORDINANCEfi IN CCNFL•ICT HEREWITH TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR T" TE SEPARABII_•ITY OF THE PRO- VISIOTvS HEREOF; PRCVIDING PENALTIES FOR `i'_T.E VIOLATION OF THIS ORDII~dANCE AND PROVIDING FOR A REFERENDUM ~?RIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE. .. ~. _. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described properties are he~'eby classified and zoned as hereinafter indicated and "The Zoning Map of the City of Clearwater, Florida of 1957 ", as amended, is amended to indicate that fact as hereinafter set out: (A) Zoned as (B) -Business 1. Lots 14 and 15, Block H, Hibiscus Gardens as recorded in Plat Book 14, Pages 55 thru 59 of the Public Records of Pinellas County, Florida. 2. Lots 1 thru 12, Block D, Bayside Subdivision #6, Unit A, as recorded in Plat Book 51, Page 49 of the Public Records of Pinellas County, Florida, and Lots 13 thru 16, Block D, Bayside Subdivision #b, Unit C, as recorded in Plat Book 55, Page 17 of the Public Records of Pinellas County, Florida. 3. Lots 7, 8 and 9, Block 3, Pinecrest Subdivision as recorded in Plat Book 1, Page 66, of the Public Records of Pinellas County, Florida. 4. Lots 29, 30 and 31, Block B, Hibiscus Gardens as recorded in Plat Book 14, Pages 55 thru 59 of the Public Records of Pinellas County, Florida. 5. The South 336 feet of the North 616 feet, less the East 20 feet and the South 50 feet thereof, of the following described parcel: Begin at the NE corner of the NW-1/4 of the SE-1/4 of Section 13, Township 29 South, Range 15 East, and run thence West along the East and Weet center line of said Section 481. 0 feet; thence South 301.85 feet; thence V1est 158.61 feet; thence South 1028..08 feet; thence East 637. 38 feet; thence North 1331.84 feet to point of beginning, less the North 50 feet thereof as right of way for Gulf to Bay Boulevard. (B) Zoned as Dh -Manufacturing 1. Lots 1, 2 and 3 of Block A, Bon Air Subdivision, as recorded in Plat Book 5, Page 77 of the Public Records of Pinellas County, Florida. (C) Zoned as R-4 -Multiple Dwellings, etc. 1. Lots 6, 9 and 10, Block 2, Brookwood Terrace Subdivision as recorded in Plat Book 8, Page 34 of the Public Records of Pinellas County, Florida. -1- .~ --. (D) Zoried as P -Public District, Z'arks, etc. 1: Begin 40 feet South of the Northeast corner of the SW-1/4 of the NW- 1/4 of Section 22, Township 29 South, Range 15 East, run West 465 feet; South 880 feet; V`Test 195 feet; South 260 feet; West 660 feet; South 140 feet; East 1320 feet; North 1280 feet to P. O, B. (E) Zoned as PRS -Professional and Related Services 1. Lots 1 and 2, Block 3; Lots 1 and 2, Block 4; all of Block 5 and all of Block 6 in A. C. Turner's Sub- division, as recorded in Plat Book K, Page 475 of the Public Records of Hillsborough County, Florida, of which Pinellas County, Florida, was formerly a part. AND All of H. E. Tooke's Subdivision as recorded in Plat Book 3, Page 37 of the Public Records of Pinellas County, Florida. AND anc~. Z.,ot 20 Lots 11 thru 15, inclusive,/ in Mar~Cley's Addition, as recorded in Plat Book 1, Page 97 of the Public Records of Pinellas County, Florida. AND All of Matlack Place as recorded in Piat Book 6, Page 37 of the Public Records of Pinellas County, Florida. AND Block 2 in A. C. Turner's Addition, as recorded in Plat Book 1, Page 37 of the Public Records of Pinellas County, Florida. AND Blocks 3, 7, 8, 9, and 11 in A. C. Turner's Subdivision No. 3, as recorded in Plat Book 1, Page 53 of the Public Records of Pinellas County, Florida. AND All of J. K. Cass Subdivision as recorded in Plat Book 10, Page 39 of the Public Records of Pinellas County, Florida. AND Acreage in Section 16, Township 29 South, Range 15 East, bounded on the North by Pierce Street, on the East by a line 120 feet West of and parallel to South Osceola Avenue, on the South by the North boundary of A. C. Turner's Subdivision, and on the West by the waters of Clearwater Harbor. AND Acreage in Section 16, Township 29 South, Range 15 East, bounded on the North by South line of Block 6, A. C. Turner's Subdivision, on the East by Oak Avenue, on the South by the North line of H. E. Tooke's Sub- division, and on the West by Bay Avenue. AND Acreage in Section 16, Township 29 South, Range 15 East bounded on the North by South line of Block 5, A. C. Turner's Subdivision, on the East by Bay Avenue, on the South by the North line of Blocks 8 and 9, A. C. Turner's Subdivision No. 3, and on the West by the waters of Clearwater Harbor. -2- Section 2. The Zoning Map of 1957, as previously amended, and as amended by this Ordinance, is hereby readopted and approved as so amended except that it is hereby redesignated as "The Zoning Map of the City of Clearwater, Florida of 1962", and Chapter 26 of The Code of Ordinances, City of Clearwater, Florida, the City zoning ordinance and law, as amended, is hereby amended in each instance in which a zoning map is referred to by pro- viding that such zoning map shall be the zoning map of 1962. The City Engineer is hereby authorized and directed to prepare The Zoning Map of 1962 in separate sheets, each sheet covering a portion of the City as indicated thereon, and each sheet being designated "The Zoning Map of the City of Clearwater, Florida, of 1962, Sheet of Said map as heretofore amended and as amended hereby, is hereby adopted and approved as so amended, and the zoning ordinance and law of the City of Clearwater and said Zoning Map as so adopted shall be enforced from and after the effective date of this Ordinance. Section 3. Section 26-2 "DEFINITIONS" of The Code of Ordinances, City of Clearwater, Florida, is amended by adding the following definitions in alphabetical order and all definitions are renumbered to reflect the addition of said definitions, as follows: EMERGENCY SHELTER: A structure or portion of a structure, above or below the ground, so constructed as to provide emergency shelter from the hazards of storm or destructive forces of enemy attack. MOBILE HOME: A vehicular portable structure assembled at the factory as a complete living unit on a chassis and designed to be used without a permanent foundation as a dwelling when connected to indicated utilities. MODEL HOME: A model home is a residence structure, occupied or unoccupied, regardless of location or ownership, used by any person, firm or corporation as a model, plan or example for the construction of or the sale of the same or a similar building at any other location. PREFABRICATED STRUCTURE: A structure of prefabricated construction, assembled by unit on the site, is not registered as a mobile home but is assessed and taxed totally as real property. -3- • ~\ a Section 4. Section 26-3 "USE DISTRICTS CLASSIFIED" of The Code of Ordinances, City of Clearwater, Florida, is hereby amended by adding thereto the following: (PRS) Professional and Related Services District (SC) Shopping Center District Section 5. Section 26-4 (2) "USE REGULATIONS - 'R-1' DISTRICTS" of The Code of Ordinances, City of Clearwater, Florida, is hereby repealed in its entirety and the following is enacted in place thereof: (2) Accessory Building--Front setback for detached accessory buildings in R-1 and R-2 Districts shall be Fifteen (15) feet greater than that required by the principal use. Side and rear setbacks shall be the same as for the principal use. In the case of attached shelter for parked vehicles the setback shall be the same as for the principal use. Section 6. Section 26-5A "USE REGULATIONS - 'R-4.' DISTRICTS " of The Code of Ordinances, City of Clearwater, Florida, is hereby amended by adding the following Sub-section (10): (10) Marina Facilities: Type A {pleasure craft docking); Type B {launching ramp site, commercial) Type C (private marina) May be permitted in an R-4 District by the Board of Adjustment and Appeal on Zoning as a special exception as set forth in Section 26- 17 (5) (a) (7). and Section 26-5B "USE REGULATIONS - 'R-N~' DISTRICTS" of The Code of Ordinances, City of Clearwater, Florida, is hereby amended by adding the following Sub-section (5): (5) Marina Facilities: Permitted as a special exception by Board of Adjustment and Appeal on Zoning as set forth in . Section 26- 17 {5) (a) (7). and Section 26-17 (5} (a) "BOARD OF ADJUSTMENT AND APPEAL" of The Code of Ordinances, City of Clearwater, Florida, is hereby amended by adding the following Sub-section (7): (7) The following marina facilities may be permitted by the Board of Adjustment and Appeal on Zoning as a special exception within the classification as set forth in this section. In addition the Board may approve other similar uses and restrict any uses to (meeting) specific design or operation conditions. _ .;. _. -• DESCRIPTION OF MARINA FACILITIESy TYPES A, B, C: TYPE5 AS THEY MAY BE APPROVED: TYPE A (pleasure craft docking) as an exception to an R-M and an R-4 Zone. TYPE B (launching ramp site, commercial) as an exception in an R-M and an R-4 zone. TYPE C (private marina) as an exception in an R-M and an R-4 zone. Plan to be submitted and recommendation made by the Zoning and Planning Board prior to submittal to the Board of Adjustment and Appeal on Zoning. TYPES OF MARINA SERVICE FACIL-ITIES TYPE A Pleasure Craft Docking - No commercial fishing, etc. No charter boats No boat rentals Small boat dock or mooring area Floating docks as approved by appropriate government agencies Provision for docking maneuver area Boat slips (covered boat slips or dry storage may be permitted if specifically requested and approved by both the Zoning and Planning Board and the Board of Adjustment and Appeal on Zoning) Control of noise and lights TYPE B Launching Ramp Site (Commercial) Access to non-congested traffic point (approval of Traffic Division) Parking with adequate trailer maneuver area (approval of Office of City Engineer) Fishing and Boating items -retail sales (sign control) when adjoining a "B" Business zoned area TYPE C Private Marina Sales and Service Facilities Boat slips (covered boat slips or dry storage may be per- mitted if specifically requested and approved by both the Zoning and Planning Board and the Board of Adjustment and Appeal on Zoning) Boat handling equipment (no repair or maintenance shops) Boat and gear storage Launching facilities Fuel station Lockers and sanitary facilities Restaurant facilities (not advertised) operated as part of club Club house Motel or boatel Recreational facilities (not commercial) Park or picnic area Automobile parking -5- ~. ~ Section 7. Section 26-5C (a) "MOBILE HOME PARK REQUIREMENTS" of The Code of Ordinances, City of Clearwater, Florida, is hereby amended to read as follows: (a) Minimum total area for mobile home park shall be seven (?) acres including one-half of adjacent right of way. Areas less than seven (7) acres may be classified as MH if under the same ownership and/or management and adjoin an existing MH zone. Section 8, Section 26-5C (g) "MOBIL•E HOME PARK REQUIREMENTS" of The Code of Ordinances, City of Clearwater, Florida, is hereby amended to read as follows: (g) Plats, upon approval by the City Commission for a mobile home park district, shall be filed in the office of the City - building official. Corners of all lots or spaces approved shall be marked on the ground by permanent markers. Section 9. Section 26-SC "MOBILE HOME PARS{ REQUIREMENTS" of The Code of Ordinances, City of Clearwater, Florida, is hereby amended by adding the following Sub-section (i): (i) A prefabricated structure may be erected in a 1VMH Park development provided such structure is added to a mobile home and meets the standards and requirements of the Building, Plumbing and Electrical Codes of the City. Section 10. Section 26-5B "USE REGULATIONS - R-M DISTRICTS" of The Code of Ordinances, City of Clearwater, Florida, is hereby amended by adding the following Sub-section (6): (6) Certain commercial recreation facilities may be permitted as an exception by the Board of Adjustment and Appeal on Zoning (See Section 26-1? (5) (a) ,(8) ). and Section 26-17 (5) (a) "BOARD OF ADJUSTMENT AND APPEAL" of The Code of Ordinances, City of Clearwater, Florida, is hereby amended by adding the following Sub-section (8): (8) Certain commercial recreation facilities, depending upon their nature, may be permitted in an R-M zone provided access and off-street parking requirements be met in accordance to the intensity of use of the structures, or land or both. -6- ~. Section 11. Section 26-5 "USE REGULATIONS" of The Code of Ordinances, City of Clearwater, Florida, is hereby amended by adding the following Sub-section D: Sec. 26-5D. Use Regulations--Professional and Related Services District. F}ermitted Uses 1. Multi-family residential, including Hotel and Motel 2. Government Services 3. Professional Services Offices directly related to Medical Services Legal offices Architectural and Engineering -drafting, clerical, machine reproduction such as needed in above Consultant services -Research, tax 4. Business and Commercial Services A, Banks, Investment & Finance, Title & Abstract, Real Estate & Insurance, Steno Services, Bonding, Stockbroker B. Retail within structure Stationery & Office Supply (Business machine servicing) Drugs, Books, Newsstand Snack Bar & Restaurant or Cafeteria C. Personal within structure Barber shop, beauty parlor, valet service 5. Institution & Educational Private schools Churches Private Clubs Charitable Institutions Exceptions (Permissible through Board of Adjustment & Appeal Approval) Convalescent Home Day Nursery Hospitals (not to include Sanitariums for mentally ill) Off-Street Parking Group 1, tiiulti-Family Residential - 1 space for each separate unit as provided in Section 2b-11 {10}. Group 2. Government Services and Group 3. Professional Services - 200 square feet of parking space for every 600 square feet of office. Group 4. Business and Comrr~ercial Services - as above for offices plus 200 square feet for every 200 square feet of retail sales area. Any use requirements Groups 2, 3 and 4 may be met as part of a permanent cooperative parking lot. Minimum Area , 10, 000 square feet. If more than. two (2) acres, plan must be submitted to the Zoning and Planning Board for approval prior to zoning consideration. Multi-family unit density requirements of the R-4 area shall apply to acreage developed or areas platted after the effective date of this ordinance. -?- !, Setbacks 10 feet on front 5 feet on service side 5 feet on rear 20 foot setback when fronting a residential zone Si ns Not greater than 20 square feet erected on face of building (not on overhang). Section 12. Section 26-5 "USE REGULATIONS" of The Code of Ordinances, City of Clearwater; Florida, is hereby amended by adding the following Sub-section E" Sec, 26-5E. Use Regulations--Shopping Center District, Zone (SC) Typed A and B are Floating Zones -Area set off by boundaries wherein there is a recognized need for a neighborhood, community: or regional. shopping center but no specific site is zoned (SC A or B) until a zoning application has been approved upon proper processing based on justification of need. Any area greater than 3 acres may be considered for Shopping Center zonings provided such plans are submitted to the Zoning and Planning Board for their approval. The following minimum requirements will be met by the applicant: 1. Plan to scale showing site layout of tract. Building setback lines to be 40 foot front and 20 foot side and rear. 2. All dedicated right of way and easements indicated on site plan. 3. Surface drainage and utility plans to be approved by the office of the City Engineer. 4. Off-street parking space to meet requirerr.ents of uses proposed. 5. Adequate screening to be erected or planted on all sides adjacent to higher restricted zoning. 6. Point of Purchase signs and Identification signs to be permitted only flush with building and one identification sign for each place of business may be hanging if less than 6 square feet and under marque or arcade. Shopping Center Type A shall be not less than 3 acres nor greater than 10 acres and shall provide fcr retail sales and services oriented to meet neighborhood convenience needs. These will be similar but not limited to the following: Drug Store Hardware store Dry Cleaning Agency 5 & 10 or variety store Florist TV & Appliance Repair Grocery Store Garden Supply Store Laundromat or Laundry Agency Office Service and Repair -Household Sundries Store Appliances Supermarket Service Station (upon Commission Barber Shop, Beauty Parlor approval) Gift Shop Post Office sub-station -8-' Shopping Center Type B shall be 10 acres or more and shall provide for retail sales and services oriented to meet community and regional needs. These will be similar but not limited to the following: All Type A uses All other retail sales and general offices Wholesale sales offices (not to include storage or transfer of products sold) Department stores Furniture stores Automotive supplies and services Section 13, Section 26-11 "LOCATION, HEIGHT AND AREA REGU- CATIONS" of The Code of Ordinances, City of Clearwater, Florida, is hereby amended by adding the following Sub-section (12): (12) Emergency shelters are permitted as an accessory structure in any district, subject to the yard and lot coverage requirements of the district. Approved emergency shelters may be used, in addition to emergency shelter use, for any principal or accessory use permitted in the district except for habitation by persons other than occupants of a principal dwelling. Structures or portions of shelters qualifying as approved emergency shelters shall meet the minimum requirements of the building code of the City of Clearwater and standards issued by the Office of Civil Defense Mobilization. Section 14. Section 26-11 "LOCATTION, HEIGHT AND AREA REGU- CATIONS" of The Code of Ordinances, City of Clearwater, Florida, is hereby amended by adding the following Sub-section (13): (13) Setbacks for structures in a "P" Public Use District shall be equal to that of the use district which it faces or abuts: Section i5. Section 26-11 (6) "LOCATION, HEIGHT AND AREA REGU- CATIONS" of The Code of Ordinances, City of Clearwater, Florida, is hereby amended to read as follows: {6) Fences and walls, other than necessary retaining walls, erected or maintained along or inside of lot lines in "R-1 ", "R-2", "R-4", and "R-M" use districts, shall not exceed or be maintained at a height in excess of five feet from the ground level of subject property or of property immediately adjacent thereto, whichever has the higher ]evel. This fence and wall height restriction shall also govern for residential used properties {Single Family, Duplex and Multi-Family structures, including motels) in a "B" or "M" zone when they abut another residential used property. This section shall not be construed to allow the construction or maintenance of fences or walls along or across easements and shall not be construed to allow the fences and walls when they would be in violation of other provisions of thi's ordinance , -9- ,~ Section 16, Section Z6-11 "LOCATION, HEIGHT AND AREA REGU- CATIONS" of The Code of Ordinances, City of Clearwater, Florida, is hereby amended by adding the following Section A: Sec. 2b-11A. Off-Street Parking Requirements (1) To Whom Applicable The following off-street parking and loading space requirements apply to all new building, additions or change of land use within the City of Clearwater as of the date of passage of this amendment EXCEPT the Central Business District which shall be exempt and is described as the area bounded on the North by Drew Street, on the East by Myrtle Avenue, on the South by Chestnut Street and the line of Chestnut Street extended to Oak Avenue, and on the West by Oak Avenue and Osceola Avenue linked by a short segment of Haven Street. (2) Definitions (a) For the purpose of this ordinance "Off-Street Parking Space" shall consist of a minimum net area of one hundred and sixty (160) square feet of appropriate dimensions for parking an automobile, exclusive of access drives or aisles thereto. (b) For the purpose of this ordinance "Floor Area" in the case of offices; merchandising, or service types of uses shall mean the gross floor area used or intended to be used for service to the patrons or tenants, including areas used for display or sale of merchandise. (c) For the purpose of this ordinance "A Place of Public Assembly" shall mean a building in which provision is made for the congregation or gathering of seventy-five (75) or more persons. Reference is made to Southern Building Code as to specific buildings included in this general category. (3) General Provisions (a) A plot plan to scale showing the required off-street parking area shall be submitted with the building plans when applica- tion 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 official. (b) A computed gross area use analysis indicating "Floor Area" as defined shall be recorded on the building plan. ~ (c) 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. (d) 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 satis - faction of the building official upon which evidence a Parking Lot Occupancy Permit will be issued. -10- ~. _~ (e) 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 (f) and (g) below. (f) Sixty 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 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 of Clearwater that said areas fulfill all of the requirements of this ordinance; (g) Up to thirty per cent of total requirements of parking spaces for places of public assembly may be met from curb parking spaces that are available within 500 feet of the place of public assembly on streets where parking is permitted. The Building Official will determine this allowance to prevent conflict with other similar demands. (4) Space Requirements (a) The following minimum off-street parking spaces shall be provided at the time of the erection of any main building or structure or at the time any such building or use as indicated below is expanded. Group A - (B y units or dwelling units ) Residential Single -family Duplex Multi-farnily, Motel, Apartments. Group B - (By Guest Rooms) Hotel, Tourist Home, Rooming House, Boarding House Group C - (By Floor Space) (I) General offices, office buildings, doctors offices, offices of personal services exclusive of sale of com- modities, ~. ~~ `, (2) Retail store, involving exchange of goods (except as stated in (3) ), (3) Restaurants over 1000 square feet in floor area. - One space per dwelling unit - One space for every two guest rooms or suites for the first twenty, and one fir every four guest rooms or suites in excess of twenty. - One parking space for every 600 square feet of gross floor space or fraction thereof. (a ratio of earl:ing space to floor space of 1:3) - One parking space for every 200 square feet of gross floor space or fraction the.~of. (a ratio of 1: 1) ~~ - One parking space fc_ every 100 square feet of gross floor or fraction thereof. (a ratio of 2: 1) -11- (4) Public Assembly Buildings Church Theatre Auditorium Funeral Home Chapel Community Buildings and similar. .. - One parking space for every 75 square feet of auditorium seating area. Group D -Miscellaneous (employees or combinations of above) (1) Industrial, Manufacturing, -One parking space per processing plants, or whole- 3 employees. sale warehouse. (2) Hospitals -One parking space for each 2 beds. (b) For buildings of mixed uses, the parking facilities required shall be the sum of the requirements for the various uses, computed separately in accordance with this ordinance. Parking facilities for one use shall not be considered as providing the parking facilities for another use. (c) In the case of a use not specifically mentioned in this ordinance the requirements for off-street parking facilities for a similar use which is mentioned shall apply. (d) In the case of a use not established for all or a portion of a building to be constructed in a business zone the requirements of a retail store shall apply. (5) Location (a) Parking spaces for all dwellings shall be located on the same property with the main building or on adjacent property. (b) Parking spaces for other uses shall be provided on the same lot or not more than five hundred (500) feet distant. (6) Design and Construction (a) Any off-street parking area for more than five (5) vehicles shall be surfaced so as to provide a durable, stabilized, and dustless surface, shall be so graded and designed as to dispose of all surface water, and shall be subject to approval by the Office of the City Engineer. (b) No part of any parking space shall be closer than three (3) feet to any established street right of way or alley line. In case the parking lot adjoins any R District, it shall be set back at least five (5) feet from the R District boundary and shall be effectively screened by planting or fencing. (c) Any lighting used to illuminate any off-street parking area shall be so arranged as to direct the light away from adjoining premises in any R District. -12- •.. ••.. (7) Off-Street Loading Requirements (a) Definition For the purpose of this ordinance the term "Off-Street Loading Space" shall consist of a minimum net area of three hundred (300) square feet of appropriate dimensions for loading a vehicle, exclusive of access drives or aisles thereto. (b) Space (1) Permanently maintained off-street loading area will be provided on the same lot or tract of Iand when structures for the following uses are erected, established or expanded. Business office, hotels, retail business, restaurants, manufacturing, wholesale business and warehouse, with a gross floor area of less than 5, 000 square feet. - Sufficient space so as not to hinder the free movement of vehicles and pedestrians over a sidewalk, street, or alley. The above and hospitals and -One (1) space for the first institutional buildings, with a 20, 000 gross square feet or gross floor area of 5, 000 less and one {1) added space square feet or more, for each additional 30, 000 square feet or fraction the=eof. Hotels and office buildings, with a gross floor area of 75, 000 square feet or more - One (1) space for the first 75, 000 gross square feet and an added space for each addi- tional 125, 000 square feet or fraction thereof. (2) Where a use is not specifically mentioned in this section, the requirements for loading facilities for a similar use which is mentioned shall apply. (3) Loading space shall be permanent as for off-street parking space. Section 17. Section 26- 17 {7) "BOARD OF ADJUSTMENT AND APPEAL" of The Code of Ordinances, City of Clearwater, Florida, is hereby repealed in its entirety and the following is enacted in place thereof: (7) The City Commission shall, after due notice, not less than twelve (12) days and not more than forty-five (45) days after the filing of an appeal hold a public hearing thereon and promptly render its decision. At the hearing any party may appear in person or by attorney or by delegated representative. The hearing before the Commission shall be de novo. Section 18. Section 26-17 (5) (a) "BOARD OF ADJUSTMENT AND APPEAL" of The Code of Ordinances, City of Clearwater, Florida, is hereby amended b~• adding the following Sub-section (9): (9) An •occupied residence or an unoccupied dwelling may be used as a model home by any person, firm or corporation in any R-1, R-2 or R-4 district provided that: -13- ~•.• ~, .. (a) The use of such structure as a model or demonstration home shall be limited to a period of twelve (12) consecutive months from date of issuance of building permit. (b) Such structure occupies a lot in a subdivision plat of not less than five (5) acres which was recorded not more than five (5) years prior to the date of application review by the Board of Adjustment and Appeal, (c) Only one illuminated, non-activated sign limited to 36 square feet in area shall be permitted upon the premises used in connection with such demonstration or model dwelling . No such structure or sign shall be illuminated after 10:00 P. M. Sign must be at least fifteen (15) feet from any street right of way line. and Section 26-4 "USE REGULATIONS--'R-1' DISTRICTS" of The Code of Ordinances, City of Clearwater, Florida, is hereby amended by adding the following Sub-section (3): (3) Model Home and Section 26-5A "USE REGULATIONS--'R-2' DISTRICTS" of The Code of Ordinances, City of Clearwater, Florida, is hereby amended by adding the following Sub-section (3): (3) Model Home and Section 2b-5A "USE REGULATIONS--'R-4' DISTRICTS" of The Code of Ordinances, City of Clearwater, Florida, is hereby amended by adding the following Sub-section (11): (11) Model Home Section 19. All ordinances or parts of ordinances in conflict here- with are to the extent of such conflict hereby repealed. Section 20, 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 21. Any person or persons, firm or corporation or associ- ation of persons, who shall violate or fail to comply with any of the terms or provisions of this ordinance shall, upon conviction in the Municipal Court, be fined not exceeding the sum of Two Hundred ($200. 00) Dollars, or im- prisoned in the City Jail for not exceeding Sixty (60) days, or by both -14- ,. _ . -,.. ~~ ~ -~ - such fine and imprisonment in the discretion of the Municipal Judge. Each day that a violation is permitted to exist shall constitute a separate offense, Section 22. The provisions of this ordinance shall take effect immediately from and after .their passage and their approval by a majority of those voting who are qualified electors and freeholders within the City of Clearwater, voting on each item individually, at a special municipal election to be held in con- junction with the regular municipal election on December 18, 1962. PASSED ON FIRST READING ~~~wtrx~r 1~. ~9 PASSED ON SECOND READING fi1'~v~ber ~~. lq~~ PASSED ON THIRD AND FINAL• READING AND ADOPTED ~svear~~h~e~ 4+~_ 1~Os" i ~~ l~:~t~rt ~w a~x~~:Lt~~Iy Mayor-Commissioner Attest: r' ~ f ~i~el$s3~s8 City Clerk Published: Proof of Publication , -15- --- ~, - . ~k r . ~ •i'~. .. • ORDI?~?ANCE Id0. 839 AN ORDIAI~I~TCE Ai:iE~?DIA1G ORDINANCE I~10. 627, AS Ai:?ENDED, THE CITY ZONING ORDINANCE, AND AMENDING THE ZONING I41AP OF THE CITY OF CLEARWATER, FLORIDA OF 1958, BY RECLASSIFYING AND ZONING CERTAIid PROPERTY AS DESCRIBED HEREIPI; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE SEPARABILITY OF THE PROVISIONS HEREOF; PROVIDING PENALTIES FOR THE VIOLATION OF THE TERMS OF THIS ORDINANCE AND PROVIDING FOR A REFERENDUM PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAIIJED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property is hereby classi- fied and zoned as hereinafter indicated and "The Zoning Map of the City'_ of Clearwater, Florida of~1958" is amended to indicate that fact as hereinafter set out: 1. Proposal that Lots 1, 2, 3 and 4, Block 6, North Shore Park Subdivision be rezoned from R-1 to R-2. 2. Proposal that the North-South 33 ft. strip West of Lembo Sub- division extending frAm the South boundary line of Block V, Hibiscus Gardens to the West extension of the South property line of Lot 4, Lembo Subdivision be rezoned from R-1 to Busi- ness. 3. Proposal that the SW 1/4 of the NE 1/4 of Sti~V 1/4 of Sec. 2, Twp. 29 South, Range 15 East, consisting of approximately 10 acres, be rezoned from R-4 to Business. 4. Proposal that the W 1/2 of~the NE 1/4 of the NW 1/4 of Sec. _ - 23-29-15 less the N 315.00 ft. less Lots 1C, 2C, 3C, 4C, 1B, 2B, 3B, 4B and 5B and street R/W of Forrest Hill Estates Unit II, as recorded in Plat Book 42, Page 18, of the Public Re- cords of Pinellas County, less the S. 606.00 ft. of-the N. 922.00 ft. of the W 190.CG ft. of said tract, and less the E. 150.00 ft, of the S 1,015.00 ft. of said tract be rezoned from R-1 to Business. 5. Proposal that the W 1/2 of the NE 1/4 0 23-29-15, less the S. 323.00 ft. of the N 103.00 ft. of the S 505.00 ft. of the W 520.00 ft. of the S 1,015.00 ft; also N 665.36 ft. of the E 1/2 of the NE 1/4 23-29-15 be rezoned from R-1 to R-4. 6. Proposal that 15.0 ft. in R. to Business. 7. Proposal that 5, ~Maranatha Block B, f the NW 1/4 of Sec. E 150.00 ft. less the E 30.00 ft., less the the W 33.00 ft. of the of the NPJ 1 /4 of Sec . Lot 1 less the South 65.0 ft. and less the West H. Padgett's Subdivision be rezoned from R-4 Lots 1, 2, 3 and 4 and the West 19.79 ft, of Lot Subdivision be rezoned from R-4 to Business. ._ r •,. ~" ~ "'~ • ~ • Section 2. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. Section 3. Should any part or provision of this ordinance be declared by the Court 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 4. Any person or persons, firm or corporation or asso- ciation of persons, who shall violate or fail to comply with any of the terms or provisions of this ordinance shall, upon conviction in the Municipal Court, be fined not exceeding the sum of Two Hundred ($200.00) Dollars, or imprisonment in the City Jail for not exceeding Sixty (60) days, or by both such fine and imprisonment in the discretion of the Municipal Judge. Each day that a violation is permitted to exist sYiall constitute a separate offense. Section 5- This ordinance shall take effect from and after its passage and its approval by a majority of the qualified voters of the City of Clearwater who are freeholders within said City voting at a special municipal election to be held in conjunction with the regular municipal election on December 15, 1959. PASSED ON FIRST READING PASSED ON SECOND READING PASSED ON THIRD AND FINAL READING AND ADOPTED NOVEMBER 16, 1959 NOVEMBER 16, 1959 RTOVEMBER 16, 1959 (s) Alex D. Finch Mayor-Commissioner Attest: (s) R. G. Whitehead City Clerk Published: Proof of Publication *• .. f ~. I • ~ • ORDINANCE RTO. 79$ AN ORDINANCE Ar'LENDIATG OF~DINANCE N0. 627, AS AA~ENDED, THE CITY ZONING ORDIP~AATCE, AND ANIEI~DING THE ZONING MAP OF THE CITY OF CLEARWATER, FLORIDA OF 1957, BY RECLASSIFYING AND ZOATING CERTAIN PROPERTY AS DESCRIBED HEREIN BY CLARIFY- ING A SECTION THEREOF RELATING TO USES IN R-4 AND R-M ZOnTESs BY CLARIFYING A SECTION THEREOF RELATING TO PORTIONS OF BUILDINGS OR USES WHICH CAN EXTEnTD BEYOND THE BUILDING LINES AND SETBACK LINESy BY PROHIBITING CONSTRUCTION, ON LOTS WHICH WERE NOT PART OF A RECORDED PLAT ON THE EFFECT- IVE DATE OF THIS ORDII~TANCE, HAVING A WIDTH OF LESS THAN SIXTY (60) FEET Ih' R-2 APED R-1 AREAS; BY INCREASING THE NINIANM AREA ON .WHICH CONSTRUCTIOA? CAIv BE MADE IN Ali? R-2 AREA TO 5,000 SQUARE FEET; BY PROVIDING MAXIl'fUM HEIGHT OF FEI:CES AND WALLS ALONG SIDE ArID REAR LOT LINES IN RESI- DENTIAL AREASS BY AMEI~TDING PROCEDURE RELATING TO APPEALS FROM THE BOARD OF ADJUSTIdENT AND APPEAL; BY SPECIFICALLY LISTING CERTAIAI VARIANCES WHICH THE BOARD 0~' ADJUSTMENT Aiv?D APPEAL IyiAY ALLOWS PROVIDING FOR REPEAL OF ORDINANCES IP2 CON- FLICT HEREV7ITHy PROVIDING FOR THE SEPARABILITY OF THE PRO- VISIOATS HEREOF= PROVIDID~G PENALTIES FOR THE VIOLATIOr' OF THE TERIviS OF THIS ORDINANCE AND PROVIDING FOR A REFERENDW PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COI~Il~':ISSIOA'I OF TE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property is hereby classified and zoned as hereinafter indicated and ~~The Zoning Map of the City of Clearwater, Florida of 1957~~ is amended to indicate that fact as herein- after set outo (A Zoned as (B) - Business 1. Lots 3 thru 14 inclusive, Blocks C and F, Carolina Terrace Subdivision, Plat Book 12, Page 15, Pinellas County Records. 2. The east 105.10 ft. of the W 1/2 of the S 1/2 of the N 1/2 of the SW 1/4 of the NE 1/4 of the SV1 1/4 of Sec. 22, Twp. 29S, Rge. 15E. 3. Lots 10 and 11, Block H, Hibiscus Gardens Subdivision. Plat Book 14, Page 5$, Pinellas County Records. • 4. Lots 3, 4, 15 to 24 inclusive, Block E, and Lots 13 to 24 in- clusive, Block J, Lakeview Heights Subdivision, Plat Book 13 Page 5, Pinellas County Records. 5. There shall be a 10 ft. building setback line from the lot line facing Missouri Avenue for the lots described in sub- paragraph (4) above and this fact shall be indicated on the City Zoning RZap. 6. Lots 11, 12, 13 and 14, Block F, Lakeview Heights Subdivision, Plat Book 13, Page 5, Pinellas County Records. 7. Lots 1, 2 and 5 to 10 inclusive, Zephyr Hill Subdivision, plat Book 24, Page $$~••Pinellas County Records. (B) Zoned as R-NT -_Multiple Dwellings. Etc. 1. Lots 1,•2, 3, Block 19 P'iandalay Subdivision, Plat Book 14, Page 34, Pinellas County Records. ., :~ Ord. 7;$ • (C) Zoned as R-4. - Multiple Dwellings, etc. 1. Lois 5 thru 12 inclusive, Block G and Lots 5 and b, Block H, Fairburn Addition, Plat Book 12, Page 1$, Pinellas County Records. 2. Lots 17 thru 19 inclusive, Block .21,., of Magnolia Park Subdivis- ion, Plat Book 13, Page 4.3, Pinellas County Records. 3. Lots 1, 2, 3 and 4, Block 3, Starr and Savery9s Addition to Clearwater, Plat Book 1, Page 97, Pinellas County Records. 1a.. Lots 2 to 13 inclusive, Lembo Subdivision, Plat Book 4$, page 3$, Pinellas County Records. 5. Lots 9 thru 16 inclusive, Block 17, Pagnolia Park Subdivision, Plat Book 13, Page 43, Pinellas County Records. 6. Blocks C, F and I, Hibiscus Gardens Subdivision, Plat Book 14, Page 56, Pinellas County .Records. 7. Lots $ to 12 inclusive, Block G, Lots 16 to 20 inclusive, Block H, Lots $ and 9, Block I, Lots 1 to $ inclusive, Block J, all in Fairmont Subdivision, Plat Book g, Page $5, Pinellas County P~ecords, and Lots 1 to 17 inclusive, Block D, Greenwood Park INTO. 2 Subdivision, Plat Book $, Page 1$, Pinellas County Records. $. Lot ~., Block 1, Brookwood Terrace Subdivision,.Plat Book $; Page 34, Pinellas County Records. 9. Lots 1 to 7, Block V, Lots 1 to 9, Block T, and Lots 16 to 20, Block T, Hibiscus Gardens Subdivision, Plat Book 14, Page 56, Pinellas County Records. Section 2; Sub-section g of Section V-A of Ordinance 627, as amended, the City Zoning Ordinance, is amended to read as followso vel . V-A ( 9 ) 9? a) Accessory, buildings and uses necessary to and customarily inci- dental to any of the uses permitted in R-4 and R-RI zones when located .on the same lot and not involving the conduct of a business other than customarily carried on in connection with uses permitted in R-1~ and R-NT zones, including private and storage garage when located not less than 40 feet from the front lot lines nor less than 20 feet from any other street line or 5 feet from any and all lot lines, or a private garage construct- ed as a part of the main buildings. s b) l~?on-commercial (not o erated as a bu ' p, siness within itself for profit), public parking lots or spaces on vacant lots or por- tions thereof for parking passenger motor vehicles shall be permitted in R-4. and R-M zones. p~) Lots in all use dis icts shall b apable of use. for non-com- mercial ublic rki p pa ng ots efined in Section 9 hereof, Gy'~ when said lot or lots ar erectly abutting and owned by the ' ` same owner as a to lots ocated in R-~., R-M, B, M, UZ and #y/dL.~ P use districts. ~ Section 3. Portions of Section XI, as hereinafter indicated; of Or- dinance 627, as amended, the City Zoning Ordinance, are amended as follows< A. .Subsection (1) thereof is amended to read as followso XI~ " ) (a) INTO foundation line, wall or column of any building shall ex- tend, be constructed, or allowed beyond the building setback shown on the legend of the 9Zoning Map of the City of Clearwater, Florida, of 19574,and no part of any building or other use shall -2- Y ~ • Ordinance 79$ ' extend or be allowed more than 2 ft. beyond the said setback line in any R-1, R-2, R-4 or R-M use district. 11 b) l~To part of any building or any use in R-1 use districts shall extend or be constructed or be allowed: closer than 3 ft. from army and all lot lines, and no foundation lines, wall or column of any building shall extend, be constructed or allowed closer than 5 ft. from any and all lot lines.:i1' B. Subsection 4 thereof is amended to read as followsa XI. 4) 1PA?o lot or plot having an area of less than 5,000 sq. ft. and having a width of less than 60 ft. at the building setback line shall hereafter be used for building in an R-1 area, neither shall any building other than accessory building be erected there- on having a ground floor enclosed area of less than 750 sq. ft. exclusive of porche..s and .breezeways, provided that said width regulations shall not be effective as to any lot included in a recorded plat as of December 16, 195$.41 C. Sub-paragraph 5 thereof is amended to read as followso XI. (5) 47No lot or plot having an area of less than 5,000 sq. ft. and ,/ having a width of less than 60 ft. at the building setback line j shall hereafter be used for buildings in an R-2 area, neither ~/ shall any building other than accessory building be erected there- on having a ground floor enclosed area of less than 750 sq. ft. ex- clusive of porches and breezeways, provided that said width re- gulations shall not be effective as to any lot included in a re- corded plat as of December 16, 195$>;? D. An additional paragraph to be designated 4?Sub-paragraph 6i1 is added thereto, to read as followso / 4P(6) ' /, P7Fences .aild walls, other than necessary retaining walls„ erected V or maintained along or inside. of lot lines in R-1, R-2;''R=~. and 0 R-P•Z use districts shall not exceed or be maintained at a height in excessof 5 ft. from the ground level of subject property or of property immediately adjacent thereto, whichever has the higher level.,~y This section shall not be construed to allow the con- struction or maintenance of fences or walls along or across ease- ments and shall not be construed to allow the fences and walls when they would be in violation of other provisions of this or- dinance. Section ~.. Portions of Section XVII as hereinafter indicated of Or- dinance 627, as amended, the City Zoning Ordinance, are amended as herein- . after designatedo A. .Sub-section (L,.) thereof is amended to read as followsa ~4P(4) The Board shall, after due notice, and not less than ten days and not more than 30 days after the fling of the appeal, hold a public hearing thereon and promptly render its decision. At t~~~ hearing any party may appear in person or by attorney.? B. Subsection (5) thereof is amended to read as followso s1(5) (A) ~~fter a review of an application and hearing thereon if the Board of Adjustment and Appeal on Zbning finds as a fact trat the _3_ :, .• .~a~ ,! ..~ Ordinance 79$ proposed use is consistent with the general zoning plan and with thepublic interest, the Board of Adjustment and Appeal on Zoning may permit the following useso (1) Non-Corrunercial- Parking lots for church, school or private club, or place of public assembly in an R-2 area if it is located within 25C~ft. of such property. (2) Restaurant as a separate establishment in an R-m area pro- vided that reasonable off-street parking requirements are met. In such case advertising display will be permitted as for a Busi- V ness - but limited to one nonflashing display, advertising to the public the legal or exact firm name or the name of the business carried on therein or thereat. / ~(3) Churches in an R-2 area provided that reasonable off-street / parking requirements are met. ~(4) Physician or doctorQs office in an R-4 area provied that reasonable off-street parking requirements are met and that ar- chitectural design conforms to•a residential character. (5j Convalescent Home in an R-4 area provied that reasonable off-street parking requirements are met and that additional side lot requirements are met. .(6) -Day A?ursery or private schools in an R-4 area provied that ~suff icient safe access is provided and that off-street parking is provided for each staff member. ~, In addition to the powers contained in sub-paragraph (.^~) ,/'above, the Board shall have power in specific cases, after due notice, investigation and hearings as aforesaid, wl~re there are practical di ficulties or unnecessary hardships in the say of carrying out the strict letter of the provisions of this Ordinance, to determine and vary any such provisions in harmony <<,rith the general purposes and intent of the zoning ordinance so that the public health, safety and general welfare may be secure and substantial justice done." Section 5. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. Section 6. Should any part o r provision of this ordinance bedeclared by the court 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. Any person or persons, firm or corporation or asscci~i~ion of persons, YJhO shall violate or fail to comply with any of the terms or provisions of this ordinance shall; upon conviction in the P~Iunicipal Court, be fined not exceeding the sum of Two Hundred (;,200.00) Dollars, or im- prisonment in the City Jail for not exceeding .Sixty (60) days or by both such fine and imprisonment in the discretion of the Municipal Judge. Each day that a violation is permitted to exist shall constitute a separate of- fense, -4.- ., Ordinance 79$ Section $e This ordinance shall take effect from and after its p~.ssage and its Gpproval by a majority of the qualified voters of the City of Cle~_rwater who are freeholders within said City voting at a speci~.l municipal election to be held in conjunction with the regular municipal election on December 16, 195$ O~.DINANCE N0. 753 ~__ AN Ot~DINANCE AMENDING O:~.DINANCE 627. AS AMENDED, THE CITY ZONING O,~,DINANCE, AND An~1ENDIATG THE ZONING MAP OF 1953 , AS APQEND- ED, OF THE CITY OF CLEA.~.T~'~1ATE,-~, FLO.~IDA, BY I~EGLASSIFYING AND ZOAIING CE~~TAIN P.~,OPE.~TY AS DESC~~IBBD HE3EIN° BY F_30VIDING FO:~ THE I~EP~~ODUCTION OF T~iE' ZONING MAP IN ATLAS FO~~,M TO INCLUDE THE :-tEQUI~~ED NUD4BE.~. OF S~EETS IA? A USABLE SIZE AND TO :REDESIGNATE T _E ZONING _MAP.,M„AS,. AMENDED ~ .,''''t'HE`"ZONII~TG~°~~`~~`~ ' MA~'~ OF~"THE~CITY OF CLEA~~I~t~ATE~3; FL0~3tDA, OF ~~I~57tµ;° BY AM~NT~~A1G THE ZONING O:~DIDIANCE TO C,~AT'~ A BOA13D OF ADJUSTMER?T AND APPEAL TO COIF?SIDEl-~ APPEALS FROM ACTION OF THE BUILD- ING INSPECTO~~, , Pr~OVIDING P.~,OCEDU~~E THEI~EFO~t AND P.-~OVIDING FOt~ APPEAL TG THE CITY COMMIS- SION F30M DECISIONS THE~~.EOF ° P1~OVIDING F0~-t :~,EPEAL OF ORDINANCES IN CONFLICT HE:~E`~~7ITH~ PROVIDING FO:~ SEPAI-~ABILITY OF THE P.-~OVISIONS HEREOF PROVIDING PENALTIES FOR THE VIOLATION OF THE TERMS OF THIS ORDINANCE, AA1D PROVIDING F0;-~ A REFEREI\iDUP~i PRIOR TO THE EFFECTIVE DATE OF THIS ORDIAIANCE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEAR- ?9ATER, FLORIDA o Section 1. The. following described property is hereby classified and zoned as hereinafter indicated and the zoning map of 1053 of the City of Clearwaters Florida, as amended, is amended to indicate that fact as hereinafter set out r (A) Zoned as (B) Businesses 1. The South 200 ft. of the 1/t~ of Sec. 11, Twp. 29S. the T~~Test 170 ft. thereof. 2. Lots 1 and 31 of `~Joodmere ision, plat book 4,5, page County records. SE 1/4 of the SE Rge. 15E, less Heights Subdiv- 45, Pinellas 3. Lots 1 to 11 inclusive, Block :~, lots 1, 2 21 and 22, Block B, and the vacated alley lying between Blocks A and B, a12 irr Drew Heights Subdivision, plat book 11, page 101, Pinellas County :~,ecords. --.• ~~ • 4. The South 200 ft. of the East 340 ft, of i~Jest 675 ft. more or less of ST~I 1/4 of Sec. 12, Twp, 295, rage, 15E, The East boundary being the test Boundary of New Marymont Subdivision, plat book 30, page 33, Pinellas County ~~ecords. (B) Zoned as .-Z-2 - Duplex .residence Districts 1. The North 1130 ft, of South 1330 ft, of SE 1/4 of SE 1/4, Sec, 11, Twp. 295, ~~.ge. 15E. 2. Lots 2-3'0 inclusive of j~Joodmere Heights Subdivision, plat book 45, page 45, Pinellas County l~.ecords. 3. Lots 3 to 20 inclusive, Block B, and dots 1-2$ inclusive; Block C, of Drew Heights 5ub ~~ isi v c on, plat book 11, page 101, Pinellas County ~3ecords, 4. The North T130 ft. of the South .1330 ft, of the East 1~5 ft. of the tiJest 495 ft, of S'~J f S 1/4 o ec. 12, Twp. 29S, age, 15E. (C) Zoned as !~-2 - Duplex ~~.esidence Districts The North 150 ft, of SE 1/4 of the NE 1/4 of Sec. 22, Twp, 29S, i~ge. 15E, less that part included in the Third Addition to Salls :~eplat Subdivision. fD) Zoned as rl-4 - Multiple Dwellings, Hotels, Motels , Apartment Houses, Medical Clinicse All of Block H, except lots 12 and 13 Hibis- , cus Gardens Subdivision, plat book 14, page Pi 5$ ll ne , as County .~.ecords. (E) Zoned as (B) - Business; That certain parcel of property now existing , extending Easterly from the East right-of- way line of Parkway Drive, as platted in Bay- side Subdivisi N on o, 5, and recorded in plat book 3~, page 3$' Pinellas County .-records , lying between Gulf j~1ay Blvd. North and Gulf ~~1ay Blvd. South, as said boulevards may be extended, said parcel not to exceed 250 ft. between said boulevards, (F) Zoned as (,~-M) - Multiple Dwellings, Hotels Apart- , ' ment Houses, and Limited Business Districto That certain parcel of property now existing extending Easterly from the East property lines as platted in Bayside Rio, 5 Subdivision , recorded in plat book 3$, page 3$, Pinellas County ~~ecords less th t , a portion thereof lying between Gulf s~Va~T Blvd. Riorth and Gulf T~Iay Blvd. South, as they may be extended, Section 2, The amended, and as amended adopted and approved as redesignated~.~as_~~The Zo. s.-- zoning map of 1953, as previously by this ordinance, is hereby re- so amended except that it is hereby ing Map of The City of,Clearwater, -2 - - . .. ~.... ~,,,~.. ~..... _• ... • Florida of 1957~P, and ordinance 627, the City zoning ordi- nancet as amended, is hereby amended in each instance in which a zoning map is referred to by providing that such zoning map shall be the zoning map of 1x57.- The City En- gineer is hereby authorized and directed to prepare the zoning map of 1957 in separate sheets, each sheet covering a portion of the City as indicated thereon, and each sheet being designated "The Zoning A4ap of the City of Clearwater, 7+'la,~ of 1957, Sheet of ,P4 Said map as heretofore amended and as amended hereby, is hereby adopted and ap- it oved as so amended, and the zoning ordinance of the City of Clearwater and said zoning map as so adopted shall be en-, forced from and after the effective date of this ordinance, Section 3. Unnumbered paragraph 2 of Section XVI of ordinance E~27, as amended, the City Zoning ordinance, is amended to read as follows `PPersons, firms or corporations desiring to appeal any ruling of the Building Inspector shall so notify the Board of Adjustment and Appeal in writing within twenty (20) days after such ruling has been made.~r Section 1,., Section XVII of ordinance 62'7, as amend- ed, the City zoning ordinance, is amended to read as follo~•ase p'Section XVII. BOA~~D OF ADJUSTi~IEI~TT A~iD APPEAL 1. A Board of Adjustment and Appeal is hereby es- tablished, The word ~iBoarde~ when used in this section shall be construed to mean the Board of Adjustment and Appeal. The Board shall consist of five members, all of whom shall be tax payers and residents of the City, appointed by the i~iayor and approved by the City Co~;,mission. The term of office of the members of the Board shall be for three years, excepting that the membership of tre Board appointed shall serve re- spectively for terms of two for one year, tvao for tL•TO years, and one for three years. Thereafter, members shall be appoint- ed for terms of three years each, Z7acancies shall be filled -3- . ~ for an unexpired terr_-_ o_^ly. i_."er:'oers s?a?_1 'oe reroved s or cause her t~.e City Cot".".li ssion, upon Ulri tten c?~~arges and a~°ter p~~'~lic '-.caring. i'em~aers small receive sack cor.:pensati on as r:a;~ f ror~ ti~~Le to tir._e be set b;T t~:.e City Cor_mission. 2. T':e Soard shall elect its own c'.~airr=an and vi ce- c'.airrcan Ta.No shall serve for one ;rear. ;~eetings of the ~'oard s.~.all be ?~~.eld at t.'.:e call of the cx~airran, and at such other tires as the Board r?a~r determine. Such ehai rnar., or in 'pis a?~sence t'~.e acting chair:^.an, r~a~~ adr_inister oaths and cor:pel t'ie atte.~daT~.ce of witnesses. till r:eetings of tfie 3oard s?:all ?~e o*~e~. to t?~e nu'~lic. "':.e 3oard s_~all keel ~tiinutes of its *~roceedings, s'~o~;~ing the vote of each r~.er<?per Lifion eacl- quest- i on, o.r ~_f a?~se~~t of failing to vote, i r_c?icating suc':i fact, a~~d s'r_all ?~eeh records of its official actions, all of w'_:ic'1 shad l '~e _r_~riediately filed i L1 t?-_e office of t'_.e ?oarc ar_d s`_a11 ', e a '~Ll?~li c record. 3. '"`_,e :'oard si,.all hear a~~eals f ror.~ an~T decision or action of the ir'uilding Inspector and deterr..i ne t_2e rights of t'.~.e a~nlicant. ~~peal to, t?::e Board rr:ay he ta'cerz by ai:~r ner- so_~,firr:~ or cor*~oration aggrieved, provided notice thereof, toge,,'~.er wit' grounds thereof, are filed in triplicate, in ~or~ting~ T•7it''. t'~e ~?oard wit~'.in twenty (~C) days after such action of the :?uildi ng Inspector. T',e hoard s?~.all forti-.with tras_sr~it one cop~r t::~.ereof to t'.:e City 31 ilding T_^_s~ector, ~~?zo s:~all t'~en fort':wit'... tra~~.sf~it to t'•~e bard all tine na~ers con- stituLing t'2e record upon w~ii c'~~ t'-e actior. a~pealec frog is ,_ ta.,.e:-:.. ach a~oeal s?gall '~e acco~.pa_~ied '~y a payr-.ent suf fi- C?_ellt i_n ar-_ot~~t to cover the costs of -~.~'-~lis'~.ing a~~d ~~_ailing Y~a~~i ces of '-ear?_ng or '~eari ~~gs. ~ . ':".e •oard s'~all, after due i~oti ce and ~rit':ir: t`:irt~~ (3G) da-rs of per t`:' e filir_m of t`-_e a-~neal = ~ ; ': U , _:.ola a *~u'~_,c ; eari_.g t'~.ereo_.• a_,c; pro. ntly reL~der its deci si o~~. :~t t_~%e gearing, any nar~:.;T r'-ay ao~ear i:.~ person or '~; attorf~e;,T. _ c! - ,. ~~ •~ :S. T~-_e Board shall have power in specific cases, after d~ac notice, investigation ,s.nd 'ieari ngs as aforesaid, ~r~here t'ere are practical difficulties dr tznnecessar~l '?.ardshi os in t?:~.e ~~a;T of carrying out -t~•~.e strict letter of t'~.enro~iisions of t?.is ordinance, to deterr.~.i::e a:.d vary any s>;c'~. *~rovisi ons i~: '~_arr_-_ony wit'•: t'_e general purnoses at~d intent of t'-te zoning ordinance so t':a-c tL^e '~u~li c '~~ealt'_-, safet~~ and general welfare r,a~T '~e sec>>re and su?~- stantial iustice done. ~. tiny Verson adversely affected 'o;r a deci Sion o~~ t'.e 3oard, or any officer, departrt_e:a ':_ead, '~oard or 'oureau of the Cit;,r r:._a~T appeal suclL decision to tee Cit~T Cor~,r~issi oj~. Suc_~: appeal shall 'oe ta'.cen 'a,~ fili.zg i.~ri tte:z notice t_~ereof , i n duel? cafe, j~~i t'r_ t~<e Cit,T Cler!~ wit:lin tef: (1C~) da~Ts after t?~e decision of t~-Ae Soard. nape Citsl Cler'i si~.all fort~~.wit'~ transr__i t one co?~-~ t'~ereof to t'~e Sec- retar~T of t'.e Board, who shall teen f ort'::wit'~ transrr:i t to t?.e Cler'~ for tl~e use of t:ze Ci t;r Cor.:~^~ission, all t':e payers co:^stituti _zg t~~e record ubOri w~~ic'~: t'ie action a~- pealed frog: is ta!:e:-., teach suci-: appeal shall ?~e accor- nat~.iec '-,~' a na-~r.;ert sttffici ent i:l a;'iOLlit t0 CO`Ier -t'ie COSt o~f na'~lis'-_ing a-:d ::ailing notices of '_earing or hearinbs. '--~,~ "l .. ?":e Corl~issiori s~~a1's, aster due notice and wit'~it~ a reasonable ti,._e after t'_:~.e filing of the appea' , I~.old a 7u~li c '~eari;.gig t'rereon and pror:_ntly reLlder its de- cision, ~t t'e heari ng, an;r party r::ay an*~ear in nersor. or b, attorne;r. ?he ?:eari:lg before t':~:e Cor.nission shall be de jzovo, a• ~~?.e City Cormissior~ s'.all gave power, after d~~e notice and '_~earing as a~"oresaid, to reverse ar.I de- cisi o:_ of t?Re Board wren i~~ its discretion the decision of t';e ?oard is not justified anon t~1e grounds set o~:t in s?t'~paragrap?-. :; I.ereof. It s?1a11 li'._et•~ise ha~re power Ta':ere, -J- ^ f h .~ v r ~ -~ l~ ~. in its discretioT:, there are practical difficulties or:un- necessar~T t,.ards?-ips in the T,~ra;T of carrsring out the strict letter of the provisions of t'~is ordinance, to deterrine a~~d. van ~ a_~r suci~ provisions in ;^~ari__ontT Taith the general pur- poses and intent of the zoni.~g ordinance so that tl:e pu?~lic '~ealtl_~, safety and general welfare r~a~T be secured and st~'~- stantial justice done. she decision of the City Corr.-:ission shall he superior to that of the 3oard and shall be ?~indi?~g upon all concerned, su~a,~ect onhr to court nevi eT•r as nrovidec' ''~:;r law, Sect-ion ~, till orr?i~~a;^ces or *~arts of ordinances i~. conflict ',.erewi t?~. are to the exter_t of suc.'._ conflict ?.ere'~~r repealed. Section 5, S?:duld any dart or provision of t':~is ordinance ~e declared by t'_2e court to ~~e invalid, t?;.e sar~;e s'~.a~1 ~?ot affect the validity of the ordinance as a T4~,-_ole, or an~r Hart thereof ~it'ier t aan the part declared to '~e in- valid, Section 7, tiny person or persor_s, f irr~. or cor~ora- Lion or association of persons, Toho s'r.=all violate or fail to cor:n~~T wit': any of the terns or pro~Tisior~s of this ordinance s',a11, upon convictio~i in t.~e .'.u=~icipal Court, '~e fined not exceeding t1_~e sun of ^wo `'undred (~ 200.60) collars, or ii..- nrisor_ed i_n t',e Cit~r .fail for not exceeding sixt~r (SG) c'a~%s, or '~y '~ot'•, such fire and irnri song°.e~.~t i n the discretion. of the ..unicipal J~.xdge. ~ac'~ da;:~ t?gat a violation is perr,:i tier to exis~ s~::all constitute a separate o-~fe~~se. Section II. '.'::iis o~~di~^a~ce s'~s.ll ta'_ie e7 f ect fro~_ and after its passage and its approval by a ra j ority o~~ tl~e qualifies voters of t'ze Cit~J of Clearwa-,er T~~~~~.o are free'~old- ers Tai t'?.i n saidCit~T 'TOting at a s*~eci al r_a=,icipal electio~_1 to ':~e held in cor.jurction wit's. t??e regular r::unici pal elect- ion on Jecemher 1?, 19:17. -~- j PASSED ON FIi3,ST :~.EADING, AS AR4ENDED PASSED ON SECOND .~.EADING, AS AA'~AIDED PASSED OI~T THIr~D AND FINAL BEADING, AS AMENDED, AND ADOPTED Attest a ~ $:} )~. G. Whitehead , City Clerk Publishedo Proof of Publication ~. November 25, 1957 November 25, ln5? November 25, 1957 (s) Lewis Homer Mayor-Commissioner r~ '` , . :~ OrZDINANCE CIO. 726 ATI 0~3DIPIAi\ICE A'•~iENDING O~~DINAi\TCE TO. 627, AS A~~~1`?DED, THE CITY Z01\IIT~?G 03DINA1`?CE, Ai~ID AI•-ZENDII\?G THE ZO\1ING NIAP OF 1953 OF" THE CITY OF CLEAI~.V+TATER, FLORIDA, BY INCREASIAIG THE REQUIr~ED A~3EA ON VJHICH CONST~~~C'TI01\? CAN BE MADE I~? Air? i~-2 AREA TO 3500 SQUAI~.E FEET s BY 3ECLASSIFYING AI\?D ZOi\TIr•?G CE:~TAT\? PI~OPE~~TY AS DESC~,IBED HEl~.EII\? s BY IPICLUDING NIO:~E SPECIFIC r~EQUIREI~'E~ITS FOr~ THE COnI- ST~3UCTIOI\T AadD LOCATIOI~I OF AUTOMOBILE Tr~AILEi~ GAP~!IPS ~ PRESCRIBING CERTAIN BUILDING FROAIT SETBACK LII`IES ON CERTAIN P:~,OPE~3TY AS DE~- SCRIBED HEi~EIi\?°, Pi~.OVIDII~?G FO~~ rtEPEAL OF Ot2DI1`'ANCES IN COI~dFLICT HEREWITH ~ Pi~OVIDING FOR SEPA~~ABILITY OF THE P.~OVISIONS HE~~EOF y PROVIDII~TG PENALTIES FO.~ THE VIOLATIOPd OF THE TE:-~1~iS OF THIS OrZDI- NAA?CE, AND P.-3.OVIDII`1G FOi~ A ~EFE~~ENDUP~i Pi~IO~~ TO THE EFFECTIVE DATE OF THIS 0~-~DII\TAP~TCE. BE IT O~DAIDdED BY THE CITY COPS%iISSION OF THE CITY OF CLEA.~~~JATE~~., FLORIDA: Section 1. Section VI (9) of Ordinance 627, as amended, the City Zoning Act, ~~rhich i.s an exception or restriction on the use of property within the City limits as the location for an automobile trailer camp or park is amended to read as follows: (9) Automobile trailer Damps or parks are prohibited, except T~There a special permit has beer. procured from the City Commission, follo~~ring•a consideration and recommendation, either favorable or unfavorable, by the City Zoning Board, In considering ~Arhether said special permit shall be issued, the City Commission shall take into consideration whether the pro- posed design, location and sanitary facilities of said camp or park are adequate to protect the health, safety and T~relfare of the proposed users thereof and of the citizens of_ the City of C1earT~raterr ?~Jhere the proposed camp or park is located partially ~~rithin the limits of the City and par- tially outside the City limits, the City shall also consider ~~~hether the portion of said camp or park ~~rithin the limits of said City ?Jill comply ?~rith requirements and regulations of the County of Pinellas as applicable to that portion of said camp or park ~Frhich lies outside the City limits. Section 2. Section XI (5) of Ordinance 627 as amended, the City Zoning Ordinance, is amended to read as folloT~rs: (5) Pdo lot or plot having ar.~area of less than thirty-five hun- dred (3500) square feet shall hereafter be used far building in an ~,-2 area, neither shall any building other than accessory building be erect- ed thereon having a ground floor enclosed area o~ less than seven hundred and fifty (750) square feet exclusi~re of porches and i~rsezet~ratTs. ;..~ r'. ;. Section 3. The follo~~ring described property is hereby classified and zoned as hereinafter indicated and the zoning map of 1953 of the City of ClearT^rater, Florida,, as amended,is amended to indicate that fact and the change in building setback lines as hereinafter set out (A) Zoned as (B) Businesso ' Lots 1, 2, 10, 11 and 12, Block L . 1, 2, 3, 4 and 10, Block J ~` 12 and 13, Block H $, 9, 17 and 1F~, Block D All in Hibiscus Gardens Subdivision, Plat Book 14, page 5$, Pinellas County Records, (B) Zoned as R-4 - Multiple d~~rellings, hctels, motels.. apartment houses medical clinlc° Lots 3, 4, 5, 6, 7 and $, Block M `t 1, 2, 3, 4, 5, 6, 7, and $; Block P "~ All of Block K Lots 5, 6, 7, $, and 9, Block J " 3, 4 and 5, Block 0 A11 in Hibiscus Gardens Subdivision, Plat Book 1~.. Page 5$, Pinellas County Records (C ) Zoned as (P) - Public District Parlcs That certain tract o~~med by the City of Clear~~Tater, bound- ed on the ?Vest by Ft, Harriscn Avenue, on the South by Calumet Street and or, the North and East b~~ the thread of Stevenson4s Creek, all in the City of Clear?^rater, Florida. (D) Zoned as (B) - Business Lots 1 to 6 inclusive, Block 5 " 4. 5 and 6, Block 2 Pinecrest Subdivision, Plat Book 1, Page 66, Pinellas County Records, (E) Zoned as (B) - Businesso That certain tract bounded on the East by the Center line of Tvlissouri Avenue; on the 'Vest by a line 320 feet ,Vest of the center line of Missouri Avenue^ on the North by a line 177 feet North of the center line of Turner Street, and on the South by a line 162 feet South of the center line of Turner Street, all in the City of Clear~~.rater, Florida, (F) Zoned as (R-~.) - Multiple Dt~rellings, Hotels; P~Iotels, Apartment Houses, Medical Clinic° Lots $ and 9; and the East 62 feet of Lot 10, Block 3, " I, 2 and 3 of the East 50 feet of Lots t; ar_c 5, Block 4~ All in '.Vallace v s Addition to the City of C~.ear•later, Plat Book 3, Page 6, Hillsborough County Records. (G-1) Zoned as (B) - Business Lots 1 4.. 5, $, 9. 12 and 13 in A, H, Dur~car_'s Subdivis- ion of~the Clare E, Duncan Subdivision o~ the East 1/2 of the NE 1/1~ of the S'.'1 1/1; of Sec. 22, T, 295, 1~, 15 E. (G-2) There shall be a 10 ft, building setback line from the lot line facing Missouri Avenue for the lots described in sub-paragraph G-1 above, and this fact shall be indicated on tre City Zoning Map. (H) Zoned as (B) - Business° The South half of Lot 3 and all of Lots ~ and 5 of Block B of a subdivision of Lots 16 and 17 and the East half of lots 5 and ~, of Padgetts Estates Subdivision, according to Plat Book 6, Page 59, Pinellas County Records. (I) Zoned as R-2 - Duplex Residence Districto ~~ The North 356 feet of Lot 2 according to a replat of Lake- ^rood, Plat Book 20, Page 41, Pinellas Coun~~T Records, _.2. - ~~ J ~ /~ ' • (..J-l.) Zoned .as (R-1~) - P~ultiple Dwellings, Hotels, Motels, Apartment Houses, Medical Clinico Lots 5$ to 71 inclusive rY 105 to 120 inclusive Lloyd='Thite-Skinner Subdivision, Plat Book 13, Page 12, Pinellas County Records. (J-2) There shall be a 20 ft. building setback line from the lot line facing Coronado Drive for Lots 105 to 120 inclusive, Lloyd-VJhite- Skinner Subdivision and this fact shall be indicated on the City Zon- ing Map. (K) Zoned as (r~-lr.) - Multiple Dwell~n~s, Hotels, Motels, Apartment Houses, Medical Clinic° Lots 5 to 14, inclusive, Block A p' 1 to 14, inclusive, Block B Fairview Addition, Plat Book 5, Page $5. Section 4. The City Auditor and Clerk and the City Engineer are hereby authorized and directed to indicate the amendments herein made upon the Zoning Map of 1953 of the City of Clear~~-ater,Florida, and said map, as heretofore amended and as amended hereby, is hereb,~ re-adopted , and approved as so amended, and theZoning ordinance of the City of ClearT~later and said Zoning map as amended herein shall be enforced from and after the effective date a~f this ordinance. Section 5, All ordinances or parts of ordinances in conflict here~~rith are to the extent of such conflict hereby repealed. Section 6. Should any part or provision of this ordinance be de- clared by the Court ~o be invalid, the same shall r_ot affect the valid- ity of the ordinance as a t~Thole, or any part thereof other than the part declared to be invalid: Seddon '7, Any person or persons, firm or corporation or associa- tion of persons, ~~~ho shall violate or fail to comply ~-.rith any of the terms or provisions of this ordinance shall, upon conviction in the. Municipal Court, be fined not exceeding. the sum of Taro Hundred (~~?00.00) Dollars, or imprisoned in the City Jail for not ~excee-ding sixty (h0) days, or by both such fine and imprisonment in the discretion of the P-~unicipal Judge. Each day that a violation is permitted to exist shall constitute a separate offense, Sectior. $, This ordinance shall take effect from and after its pass- age and its approval by a majority of the qualified voters of the City of ClearT~rater ~aho are freeholders ~~rithin said City voting at a special muni- cipal..election.to be held in conjunction T~rith the regular municipal elect_ -3 - .•- ,, ion on December 1$, 1956. PASSED OP1 FIr~ST READING PASSED ON SECOND READING PASSED ON THIi~D AND FINAL t~EADI NG AND ADOPTED Attest (s ) R. 'G. Tlhitehead City Auditor and Clerk _ Published: Proof of Publication AI I~ i • Dlovember 19, 195 November 19, 1956 November 26, 1956 (s) Herbert M. Browr_ Mayor-Commissioner -4- 5 S~ ORDINANCE N0: 645 AN ORDINANCE REGULATING AND PROHIBITING THE ERECTION, USE AND MAINTENANCE OF SIGNS WITHIN THE CITY LIMITS OF THE CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA; PROVIDING DEFINITIONS; PROHIBITING COMMERCIAL ADVERTISING SIGNS, AS DEFINED HEREIN; EXCEPT AS PROVIDED HEREIN; PROHIBITING SIGNS ON PUBLIC PROPERTY EXCEPT AS PROVIDED HEREIN; REQUIRING AND PROVIDING FOR PERMITS FOR SIGNS; PROHIBITING BEACON, SPOT AND FLOOD LIGHTS EXCEPT AS PROVIDED HEREIN; PROHIBITING THE UNLAWFUL ERECTION AND MAINTEN- ANCE OF ANY WRITTEN SIGN ON OR ABOUT THE OUTSIDE OF AND ON THE GROUNDS OF ANY HOTEL, MOTEL, APARTMENT HOUSE, ROOMING HOUSE, MOTOR COURT, TOURIST CAMP OR TRAILER CAMP, RELATING TO RATES CHARGED TO GUESTS; PROVIDING FOR THE ERECTION AND MAINTENANCE OF SUCH WRITTEN SIGN IN THE OFFICE AND ROOMS OF ANY HOTEL, MOTEL, APARTMENT HOUSE, ROOMING HOUSE, MOTOR COURT, TOURIST CAMP OR TRAILER CAMP; PROVIDING FOR MOTEL SIGNS AND ACTIVATED SIGNS; PROVIDING FOR THE SIZE OF SIGNS; PROVIDING CERTAIN EX- CEPTIONS FROM THE PROVISIONS HEREOF; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEPARABILITY OF THE PROVISIONS HEREOF; PROVIDING PENALTIES FOR THE VIOLA- TION OF THE TERMS OF THIS ORDINANCE; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: SECTION I. This Ordinance shall be known and cited as "The Sign Ordinance' o the City of Clearwater, Florida. SECTION II. DEFINITIONS: For the purpose of this Ordinance, certain terms and words are here- by defined as follows : Activated Sign Any sign of which all or any part thereof revolves or mores in any fashion whatsoever, and any sign which contains or uses for illumination any light, lights or lighting device or devices which change color, flash or alternate, or change the appearance of said sign or any part thereof automatically. Beacon Light: Any light with one or more beams, capable of being directe in any irection or directions, or capable of being revolved automatically, or capable cf having any part thereof revolve automatically. Commercial Advertisin Si n: Any structure, display board, billboar~ ooster board, u etin oar screen, surface or wall, with characters, letters or illustrations placed thereto, thereon or thereunder, by any method or means whatsoever, where the matter displayed would be used for any purpose other than that of advertising to the public the legal or exact firm name or the name of the business carried on therein or thereat, or for advertising any service or product or products actually and actively being offered for sale therein or thereon, and shall not include street or directional signs, owner identification signs and point of purchase signsN~~ as defined herein, or real estate signs as defined herein. p ~,~ r , Owner Identification Sign: Any sta-ucture, device, display board, ~~ ~ screen, sur ace or wa w~. c aracters, letters or illustrations pla ~l ~ U thereto, thereon or thereunder, by any method~or means whatsoever, wh ~'Q~ the matter displayed is used only to indicate `_o the public the legal ~'~ exact firm name or the character of the busii,~~s carried on therein. \ Point of Purchase Sign: Any structure, device, display board, screen surface or wa wi c aracters, letters or illustrations placed thereto, thereon, or thereunder, by any method or means whatsoever, where the mat- ter displayed is used for advertising a product actually or actively off - ed for sale thereon or therein. ~• Real Estate Sign: Any structure, device, display board, screen, sur- face or wall, wit characters, letters or illustrations placed thereto, there- on or thereunder, by any method or means whatsoever where the matter dis- played thereon shall be used solely for the purpose of offering for sale, for lease, or for rent the exact property on which sign is placed. Snipe Sign: Any small sign of any material, including paper, card- board, wood and metal, which such sign is tacked, nailed or attached in any way.to trees or other objects. Street or Directional Sign: Any sign having the purpose of giving instructions as to t~loca~ion of a place, event or meeting within said City or the direction thereof from the sign location. Notice: Where notice is required by this Ordinance to be given, it may be given actually or by deposit of written notice in the mail to the last known address of the person required to be notified, or by advertis- ing in any daily newspaper regularly published in the City of Clearwater for two (2) consecutive publication days. ' Person: Shall include corporate and other legal entities, their officers, representatives and agents. SECTION III. GENERAL PROVISIONS (1) That hereafter Snipe Signs, except when used as Real Estate Signs, as defined herein, Sidewalk or Sandwich Signs and all other signs not speci- fically defined or provided for herein, shall not be permitted within the City of Clearwater except when said signs are located upon private property at the point of purchase. (2) No person shall paint, paste, print or nail any banner, sign, paper sign or any advertisement or notice of any kind whatsoever, or cause the same to be done, on any curbstone, flagstone, pavement, or any other portion or part of any sidewalk or street, or upon any tree, lamp post, telephone or telegraph pole, hydrant or bridge within the limits of any street or public right-of-way within the City of Clearwater; provided, how- ever, that this section shall not apply to regular notices required by law to be so posted. (3) That all signs located in compliance with this Ordinance shall first be constructed or erected in compliance with the Official Building Code of the City of Clearwater. (4) No flashing or activated signs shall be permitted in R-l, R-2, R-4, or R-M Use Districts. (5} No sign shall be constructed or maintained of which all or any part causes static electricity or otherwise interferes with radio or tele- vision reception. (6) No spot, beacon, or flood light shall be permitted in any area within the City of Clearwater, except where such beacon, spot or flood light is non-revolving and in a fixed position, and when said light shines only on the oimer's premises or signs and away from any street or roadway. (7) Commercial Advertising Signs: (a) That hereafter no Commercial Advertising Sign shall be per- mitted in any residential district which includes "R-1" Residence District, "R-2" Duplex Residence District, "R-4" Multiple Dwelling District, and "R~~~t~i" Multiple Dwelling District and Limited Business District, as defined in the City Zoning Ordinance. (b) That no Commercial Advertising Sign shall hereafter be con- structed in a "B" Business District as defined in the City Zoning Ordinance, until a special permit therefor has been obtained from the City Commission of said City. Before granting the application for such a permit the City Commis- sion shall consider the recommendations, either favorable or unfavorable, of the City Zoning Board, and the effect such a sign will have on the public health, morals and safety in the particular location requested.. -2- (c) That Commercial Advertising Signs now existing shall not be materially or substantially altered or repaired unless a per mit as provided in SECTION III ( 7 ) (b ) hereof is fir st obtained. (d) 1. Persons desiring a permit for the construction of Commer- cial Advertising Signs shall first exhibit to the Building In- spector of the City of Clearwater valid title to or lease upon the lands on which they desire to erect said sign or signs, 2. All Commercial Advertising Sims must be at least six (6) feet from any existing or hereafter constructed building. 3, All Commercial Advertising Signs must be at least fifteen (,15) feet from any street line and fifty ( 50 ) feet from any street intersection. 41 All Commercial Advertising Signs shall be so erected that they will not constitute a traffic or other hazard or be an eye-sore. 5. All Commercial Advertising Signs must be erected of ffire- proof materials of such strength as to resist a pressure of thirty (30) pounds per square inch, 6. That advertising area of all Commercial Advertising Signs shall not be more than three hundred (300) square feet in area: ($ ) Permit s and Directional S ss Identification No sign, except Real Estate Signs, as provided herei n, shall be erected within the City of Clearwater without a permit therefor first having been ob- t ained from the City Building Inspector. The City Building Inspector is here- by authorized to issue permits for the erection of Street and Directional Signs, Owner Identification Signs and Point of Purchase Signs under and accord- ing to the following conditions, Real EstateSigns may be erected without permit according to the followinng $pecificationso (a ) Street and Directional Signs s~all not exceed four (4. ) square feet in area, Real Estate Signs shall not exceed six (6) square feet in areay and no sign of any nature or kind whatso- ever shall exceed six (6) square feet in area when located in an R-1 or R-2 Use District; all of the foregoing signs shall be of a reasonable size and design with due regard to their purpose, pro- posed location and the traffic and safety conditions existing there- at; any of the foregoing signs having an area in excess of the areas hereinbefore set out shall be classified as Commercial Advertising Signs and shall be subject to regulation as such, (b) A written application for each suchpermit shall be filed with the City Building Inspector indicating the size, type and de- sign of the desired sign and its proposed location with particular regard to street and right-of-way lines, : ( c ) The City Building Inspector, ~ with the approval of the City I~4anager, may issue permits for signs to be located upon public pro- perty, where the applicationstherefor comply with the provisions of this Ordinance. (d) The City Building Inspector shall charge the use of the City, a reasonable permit fee for Real Estate Signs, said fees to be in the amount time to time, established by the City Commission Clearwater,• Florida, by resolution. (g) Location of Si~ns~~rlit of-Wav Prohibited. Exceptions. and collect for all sign s, except which may be, from of the City of and Right (a) That except as provided herein, nc sign shall be located. in ~~ or upon any "P", Public District, as defined in the City Zoning ordi- -3 - ,`'r . - ._ r ~.~~ ~ .. nance, or in any street or in any street or railroad right-of-way, except upon specific permission of. the City Commission therefor either by lease or by resolution. (b) That this Section shall not prevent any operating railroad from placing traffic signs which are necessary and proper in the. operation of said railroad. . (c) That this Ordinance shall not prohibit the erection of reasonable and necessary street and directional signs by t*heCity of Clearwater and State and Federal authorities. .(d) That this Ordinance shall not prohibit the location of street .signs and directional'sgns when a permit therefor has been secured ss hereinafter provided. (l0) Si~n~,` at Locations ~,Vhere .;Building is in Pro.~ress. This Or~dinarice sh~1]: not prevent the erection of one sign on property where building is actually in progress under a current building permit, Thi s sign may be large .enough t o include the names of per sons per- forming labor or supp~.ying materiaYs to the premises, and such sign must be removed before the Certification of Occupancy, a s defined in the City Zon- ing Ordinance, shall have been issued by the City Building Inspector. (l1) Removal of Illegal and Deteriorated Sins. Shou~.d any sign exist in the area where such signs are prohibited by the provisions of this Ordinance after the effective date hereof, or should any sign deteriorate so that it no longer complies with this Ordinance, the City Building Inspector is hereby authorized and directed to remove such sign from said prohibited area. SECTION IV. It shall be unlawful for any person, firm or corporati on who owns and operates, or ha.s control of the operation or manages any hotel, apartment house, rooming house, motor court, tourist camp or trailer camp, to erect, maintain and display on or about the outside and on the grounds of any such hotel, apartment house, rooming house, motor court, tourist camp or trailer camp, any written sign thereby setting f or~h or advertising the rates charged to its guests for the rental of rooms, apartments, trailer space or any other accomodation provided for and available at such hotel, apartment house, room- ing house, motor court, tourist camp or trailer camp. SECTION V, Any such person, firm or corporation who owns and operates, or has control of the operation, or manages any establishment that provides ac- commodation to gue sts as enumerated and described in SECTION IV hereof, may erect, maintain and display any written sign setting forth andadvertising the rates charged to its guests, in the office and rooms of any such hotel, apartment house, rooming house, motor court, tourist camp or trailer camp, providing, however, that any such written sign, when erected, maintained and displayed in the office and in the rooms of any hotel, apartment house, rooming house, motor court, tourist camp or trailer camp, shall be construct- ed, erected, maintained and displayed in such a manner and shall be of such a size not to be conspicuous to and visible from the outside of any such hotel, apartment house, rooming house, motor court, tourist camp or trailer camp. SECTION VI. It shall be the duty of the City Eu~_iding Inspector to administe~.• and enforce the provisions of this Ordinance, the same to be done in conjunct- ion with the Building Code of the City of Clearwatdr. In case of a conflict between any of the provisions of this Ordinance and those of the Building Code, in a given instance, the more restrictive of the two shall govern The City Commission is hereby constituted a Board of Adjustment and Ap- peals ~o hear and dispose of all appeals from rulings of the City Building Inspector under this Ordinance, Persons, firms or corporations desiring to appeal any ruling of the Building Inspector shall so notify the City ~~~anager of the Cityof Clearwater in writing within twenty (20) days after such ruling has been made. .1~_ $ECT~ON VII. All ordinances or parts of ordinances in conflict herewith or inconsistent with the provisions of this Ordinance are hereby repealed. SE_C_TION VIII. Should any section, paragraph, sentence, phrase, clause ~r other part or provision of this ordinance be declared by any Court to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof, other than part declared to be invalid. SECTION IX. Any person or persons, firm or corporation or associa- tion of persoins -who shall violate or fail to comply with any of the terms or provisions of this ordinance shall, upon conviction in the Municipal Court, be fined not exceeding the sum of Two Hundred 0200.00) Dollars, or imprison- ed in the City Jail for not exceeding Sixty (60~ days, or by both such fine and imprisonment- in the discretion of the Municipal Judge. Each day that a violation is permitted to exist shall constitute a separate offense. SECT I;ON X. This ordinance shall take effect immediately upon its passage. PASSED ON FIRST READING October 19, 1953 PASSED ON SECOND READING PASSED ON THIRD AND FINAL READING AND ADOPTED October 19, 1953 October 19, 1953 (s) Herbert M. Brown Mayor-Commissioner Attest o (s) H. G. Wingo City Auditor and Clerk PUBLISHED o PR40F OF PUBLICATION -S- ~ Y • y '~ • GRDIT~~AI,CE T~10, ~:L}2 AT' ORDIT?AT?CE AT~I'DIT~iG ORDIT:?,=lT"CE T,tO. Fi2;', THE CITY ZOT~?I~?G ORDIi~'A.iCE BY PRO?ThDIdG FOR THE REFEAL OF .1LL PROVISI01`?S REGARDING SIG'S; FROVIDID'G FCR TTIE ZO.~iIT~'G OF AREAS LATER IT?CORFGRaTED IT;TO TI-?E CITY; PROVIDING FOR THE REPEAL OF THE ZGT~'IT~G T~'~F OF THE CITY ~OF CLEAR',~r1TER, FLORID?, 1.952, i"~TdD TIE tiDCFTIOPd OF THE ZOT•'IA?G I:;AP OF 1953 OF THE CITY OF CLEAR~~IATER, FLORIDA; PROVIDING FOR REFE~'~L OF ORDITTA'i~CES IT COI~?FLIC^1 HERE- 1~lITli ~ AAiD PROVIDING FOR THE EFFECTIVE D<~TE OF THIS ORDITvTATICE. BE IT ORDAINED BY THE CITY COT~:I"~ISSIOT? OF TFTE CITY OF CLEARVdATER, FLORIDAe Section 1. Ordinance T'o.h2?, the Zorina Ordirar.ce o.f t•r.e City of Clearwater, Florida, be and it is hereb~- ar..lerded by .,trikir~ therefrom SECTIOT~i II-~ the folloT~vir,,7 paragraphs o Fara_- mraph be?irninm with the words "Commercial Advertising Sigr.s"° Para~:raph be~irning wit^: the words "Owner Identification Sign"° Paragraph be~innirg witl~ the words S'Foint of Furcl~ase Signs"; Paragraph be~innirg with the words "1`~eal Estate Si~r_"~ Paragraph beginnin? with tl~e words "Snipe Sign"; and Paragraph be?innir:~* with the words "Street or Directional Sign_t° ; b;* strikir..g .from said Ordinance Paragraphs (3 ), (4), (5), and (~), SECTI0~1 XII~ ar_d stril-ink therefrom all of SECTICP~I XII_A, said section being entitled "Sins ~,~ Section 2. Grdina.nce ?o. X27 is f~~rtl^,er amended by strikin~* therefroM that para?raph ~~rder SECTIOT? III beginning with t'~e words "ti'~TiICH SAID DISTRICTS" and er~dirm with the .words, "made a part of this Ordinance`', and inserting ar.d s~~bstit~-tina therefor the following paragraph "WTiICI-: S.';ID DISTRICTS, together with. their boundaries, are shown i n fall ?Tper. a certain map narked t'The Zonir,? T~iap of 19.53 of t?,e Cite of Cle-~rwater, Florida`' signed by the Citzr :`.~.ditor and Clerk and the City i~~~ra~er and counter- signed by the T~~a,~or-Commissioner of said Cite and consis- - tin~-of an index sheet and bearing tre date of Septe*:TMber 15, 1953, said map aforesaid accompanies and is hereby adopted as tre official Zoning T~~ap of the City of Clearwater, 1"lorida, ar.d by reference thereto is hereby made a part of this Ordinance." Said Ordir.:ance i?o. X27, is f~irther amended by strikir.~ therefrom the Yaords "The ZoninP T~~iap of the City of Clearwater, Florida, 1952' wherever they may be fo~~.nd ir, said Ordinance and substituting there- for the words, "Z'he Zonir:~ iap of 1953 of the City of Clearwater, ',lorida." .. Section 3. Ordinance Teo. F2?, the Zorin~* Ordinance of the City of Clearwater; Florida, is '~ereb~r mended by addir.~ thereto the following/provisior:o P'PROVISIOP?S FOR ZOTITG ~'~DDITIOATS ATdI~TEXED. The City Co:nmissior o.f the City of Clearwater, shall, from the enactment of this Ordinance be and it is herebv arar~ted the power and authority to zone any and all additions of whatever nature annexed to and incorporated into the City lir^its of the City of Clearwater, and to f~~rther zone all new land areas created by fillin.~; or otherwise, and all other lards incl>>ded witrin the City linits of the City of Clearwater from time to tire, which lands have n.ot been forTM~erly zoned bZT t•h.e zor.i.n=~ ordinances of the City of Clear~~aater." Section 1,,. Hll Ordinances or parts of Ordinances in con- flict herewith or inconsistent with the provisior..s of this Ordinance are hereby repealed. Section. 5. T'~is ~Ordinan_ce shall take effect thirty days from and after its passa^~e and approval by the maiority of the free- ~_olders of the City of Clearwater, voting at a Special r'Tunicipal Election. called and held in such mar_ner as the Cit~r Corimission ray dotermine for the purpose o.f determir.in~ whetT:er or not such Zor.in7 Ordinance wall ^;o into effect. P~iSSED Ov FIRST RE.,DIn?G PASSED OIL' SECGI~?D REI~DI~;G P~-SSED OT~~ TiIRD ,lP'D FI~?~L RE:~DIP1G ;-l?D :~DGPTED Av~;ust 17, 1953 t~uQust 17, 1953 "iu.~l~st 1?, 1953 s/ Herbert T-:. Brown: :~~~yor-Commissioner Attest s/ H, G. Win.~o Cit~~ Auditor ar.d Clerk FUBLISTiED; (Proof of Publication) -2- it _ II i ~~ O'tDIA1.~i~?CE AIO , 627 -; • Ordinance Passed Decer,~er 9, 1952 ATV ORDI;`TAPdCE REULATI:VG AND RGSTRICTITdG Tim USE OF LA.nID A.nID THE LOCATIGRI Ai,iD L'SE OF BUII.i~INGS AVID ST°~UCTUi~iES II3 THE CI'T'Y OF CLEAH,GJATER, FLORIDA; CREATITVG DISTRICTS OR ZOTJES THEP~FOR); REGU- LATING THE ITJTET~SITY OF USF, OF LAND AR.F,AS AND THE LOCATIUTu OF BUILDINGS ATID ST~LTCTURSS Ti-iEREUN; i;STABLISHITVG BUIIJZ~IG LIi1ES; REGULATIPIG A.uD PT30HIBITING T:rIE ERECTION, US% AND i~t"AIP1Ti,P?AICE OF SIC.-~i5 E~:CEPT AS iiEFtEIPd PROV IDi,D; RE~iJIRING A1JD F.rtOVIDING FGR PERi~TITS FOR SIGNS; PROVIDING FOR THE I~~,1+i0VAL OF I J~EGAL AND DEi~rtIORATE.D SIGi`IS; PROVID~TG DEFINITIONS; ESTA3LIUi~I1`3G A ZOTJING AND PLFtNI~1IN•".: BOARD; PROVIDING A ~~Lii:THOD OF AUI~iIN ISTRiiTIUN; r ROVIDING FOR REPEi~L OF ORDINAPdCES IIv' CONFLICT h'ER t~dITH; PROVIDING FOR SEPARA- BILITY OF THE PROVISIONS HEREOF; AIv'D PROVIDING PF~~ALTIES FOR TITE VIOLATION OF THE 'IrEP.ii5 OF ZHIS ORDITdANCE. Dr IT ORDAINED BY THE CITY CONPi~IISSION OF THE CITY OF CLEAR,~~ATER, FLORIDA: SECTION I. This Ordinance shall be khown and cited as "Tike Zonir~; Ordinance" cf the City of Clearwater, Florida. SECTION II-A. DEFINITIONS; Fir the purpose of this Ordinance, certain terms and words are hereby defined as follows: 6derds used in the present tense include the future; words in the singular number include the plural and words in the plural number include the singular; the word ''building" includes the word "structure"; the word "other=' shall not be limited to things of similar character; the word "lot" includes the Ord"plot"; the words "use" and "occupy" include the words "designed or intended to be occupied"; a~_d word "shall" is mandatory and not directory. Accessory Building: A subordinate building or portion of ;Hain building, the use of which is incidental to that of the main building. ' AccessAr Uses: Uses customarily incident to the principal use of a buzlding~r plot as permitted or restricted by the principal usee Alle A stay designated to public use tither t han a street or place: Apartment House: A buildin5 which is used or intended tr. be used as 3 home or residence for more than two families living in separate apartments+ Boarding fiouse_ A~building, other than a hotel, where lodging and meals for one or more persons are provided, prepared and served for compensation. i? lriin : A structure having a roof supported by columns or o:alls, Commercial Advertising Si~n• Arty structure, display board, billboan~3, poster board, bulletin board, screen, surface or wall, with characters, letters or illustrations placed thereto, thereon or thereunder, by any method or means whatsoever, where the matter displayed would be used for any purpose other than that of advertising to the public the legal or exact firm name or the name of the business carried on therein or thereat, or for advertising any service or product or products actually and actively being offered for sale therein or thereon, and shall not include street or directional signs, owner identification signs and point of purchase sigr_s as defined herein or real estate signs as defined herein. Dwellings Une Family, A detached building designed for or occupied ex- clusively by oi~e family. Dwe 1lin~, Two Fa~~nilies• A detached or semi-attached building designed for or occupied exclusively by two families, commonly called a "duplex". Dwelling, T~iultiple• A building or. portion thereof used or designed as a residence for three or more families, ar i;ouseholds living independently of each other. -~ - o~~ z, ~~5~ G.2~ _ ~ • F:3.T il~ :~r:e or .ilnre psr. sons occupyinb a. _:rC•mises, living as a single house- keeping :mot ar,d. n~ing their coo_-ing en the pr~~:~`~ses. Front of Lot: The front d ' ~:.^~r lot sh~.ll be the side of said let designated as the front, t~- the plat of the ~~:::~c;ivisien ~.._~ ;Jhich said lot lies, or in the absence of pos_..tivs desi;;nation b;r s::.-~:.: plat. ~i;he front of any lot shall be the na.rro~~rest side ~,'~ich ?aces ~, stra.~t, unless b;~ customary use and occupation in the are': in which said lot is loc«ted, a sica ot~~er than the n3rro4•rest side facing a street is clearl~~ ~.ndicated to be the fz•c:-~ of said lot. G=~r~.e~e ~~r~.: rt:.:.or_t: tin accessory buil~:;.ng with storage capacity for not more '„ha,n four self-p=ro~alled vehicles =.nri "trailers!' attachable thereto, the second fluor or other potion 4f the bail::iing being designed as a residence for. nit more than one fami~r, Garave. Private: A boil<ying used for the storage of self-propelled vehicles and "trailers" attac!-i:3b1~ thereto, in .~rhich building no business service or industr~,~ connected directl~T ~r indirectly with motor vehicles is carried en. Garage, Public: :'.nr pr~;.~-!,:~ses except t:,hose c;escribaG as z private our;~ge~ used for the storage sr care of self-t~ropalled vehic:ies and utr~:.;.lcrs" a.ttac'~.:bla thereto, or where any such vehicles are e~.;u';tipea fur operation, repaired o: :;opt for remuneration, hire er sale. Garage, St~ra~e: :;ny premises except those d.escribac as a private or public garage used exclusively f or the storage of self-:~ropalled vehicles and "trailers" ttachable thereto. Hotel: A building •rdinarily occupied as the t•.mporary abode ~f inc:ividuals who are lodged i~~ith or wi thout meals, and in Trrhich theta are more tha:~ ten sleeping rooms, usually occupied sing]}y, and n8 provi sion is r!r~de: ^or cooking in a.ny indivi- dual rooms or apartment. Lod?in~ House: A building other than a hotel, ;no-...1, ~.partment house, or duplex where lod~.ng ~r thout :Heals for one or more persons is provided for compensation. Let: A parcel of lar~: occupied or to be occupi ed b;r a 'ouildin. and its accessory buildings, to;ether Vrith such open spaces ~s are rec~uireci urc;er this Ordinance, and havir~ its Lrincip~.l frontage upon :.. street or officially :~.,.,nroved place. •lete :~ buildin~~; or~:inaril,-y occupied as the tamporar;,T a'na?;,~ off' .r.~:;ivyo'uGls or' families ?rho are lodged Vrith o;~ : ~_t.'~c~.~,, ::dais and in w`-_ch them:; acs mdre than two separate sleeping rot~ms Nr ape,rtr.ants, ~rhich boil;:.in. is not mire than two stories in height, and which bui meting :rs.y or rr;;~.;j not era_e provisions for cooking in any individual room or apartment. . Non-confor.Tnin~ Use: A building or land occupied by a use that does net conform with the regulations of the use district in wfiich it is situated. 0~-~mer Idartification ji .-n: :any structure, device, display board, screen surface or wail ~.~r_tn : h:.;r_=tc~t;,rs, lettara or i1_lust;3tions placed thereto, thereon, or thereunder, by =.n,'a :LL:~thod or :~aans !~rhwtsoov,;r, :,hare the mutter displayed is used only to indic.,.~t~ ~o the pu~l.c the lc.:=:1 or tl;t;ct firm name or the character of the business carr_ad on ti~c,~roin, Place: ~n open unoccupied space not loss I;~~::: t:iirt-r (30) feet wide, per- manently r eserued for _,urooses of access to abutti~:- nroparty. Point of Purchase Oi?n: Anti structu~,e, crevice, ~.spIQ6, '~oard, screen, surface O:' Wall, W'i th characters, li;tturS Or 1.~1.L:~trytlC_r_S i^13~c;t.~`,,~i-~:e~0~ ';`l:;rCOn, or thereunder, by any -latno~ o~ ;_~eans, rrha,tseever, where the r.,.tter cisplayed is used for advertising a proc.?uct ::ctu~.ll~r or actively offered for ::alp ~::c_;:on nr t~;rein. _~ bZ7 • • _ Reel '~:t~t:: Si,~rs: ~-~stru~ture,. detizci;, display board, scrtien, surface cf wr?1, •~rith characters, letters or illustrations placed thereto, thereon or thereunder., by `ray m~.thod or means whatsoever, where the matter displayers there~an shall be tsed solely ~'or the purpose of offering for sale, for lease, or for rent ti:e exactr.rcperty on w'rt ~-ch sign is placed. Gni~?e Sik;~:: ::qy s:^~•s.ll sign of any mcterial, including paper, cardboard, good Ord net~:l, when such sign is tacked, nailed or attached in any way t'o trees' or other objects, Stoi-y: Th~a,t portion of a building included between the surface of any floor and t:7e surf~.ce of tho floor ne~.-`~ above it, or if there be no floor above it, then the space between such floor and the ceiling next above it. Sto -half: z story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite e_Xterior walls are not more than two (2) feet above the floor of such story Street: :~ p~rnanent right-of-w~~y or theroughfare not less than thirty (30) feet wide„ Street or Directior_al Sign: :,nf sign having the purpose of giving instructions as to the location of a place, event or meeting within said City or the direction thereof from the sign location. StructiuTes :invt:a.ng corstructed or ergot=:d, the use "f _whicr< ordir.~ri];~r requires permanent location on the ground o.• attached to soze;ring 'caving a permanent location on the ground. Yard: fn open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otilex^d~-is~~ provic~:,d in this Ordinance. Yard. Front: The minimum horizonta_1 distance between the street line and the front ling of the building or any projectior, t:ereof excluding steps and unenclosed porches, Yard, Ream i~ yard, unoccupied except by an accessory bui.ldi.r:g as herein- after pe:~nitted, ~~:ten~iirg across th~~ f~,~fl width of the lot between ~.'<: rF:ar line of the building and the rear lot lies. Yard;. Sues :~ yard, beti,ean the building and the side line of the lot and expending frog the street line to the rear yard SECTTOP3 II-B DEr"I~;~TIIdS, CONTINUO.-,D: P~otice: ?tihere notice is req~red ?.,~ ;,;;:;.;; Uri^ance to be given, it may be given actually or by d~,:osit of Smitten notice in the a1~i1 to the last known address of the persor_ regi.iired to be notified, or b.y advertising., i n ary daily newspaper regularly published in the City of Clearwater for two (2) consecutiv' pubiicat•ion days Farson: Sh~11 include corporate and other legal entities, their officers, representatives and agentso S~CTI0~1 III, USE DISTRICTS. For the purpose of classifying, regulating, and restricting the loc~.tion of trades, industries, and other uses, and the location of buildings erected or stucturally altered for specified uses, the City of Clearwater is hereby divided into districts, of whicr there shall be eight, known as: (R-1) RESIDENCE DISTRICTS (R-2) DUPLEX RESIDENCE DISTRICTS (R-!~) MULTIPLE DidELLING, HOTLL, MOTEL, .:1'~~RTI~NT HOUSE, P~IEDIC:~L CLINIC (R-?~:) S: a°lr~ :.S R-Iy FLUS LIP-~T~D BUSIid~~.SS DISTRICT _~ 6 i7 . • -~ (:'1) itiNIJF~CTURING DISI~ICT (UZ) UNZOIVED DISTRICT (P) PUBLIC DISTRICT, PARKS, ETCH ~.'~~ICH StiID DISTii'.ICTS, together with their boundaries, are shown in full upon a certain map marked, "The Zoning i~4ap of the City of Clearwater, Florida of 19$2," signed by the City Auditor and Clerk and the City Manager and counter- signed by the iiayor-Commissioner of laid City,:and consisting of an index sheet and bearir~ the date of December 5, 1,952, said,map aforesaid accompanies and is hereby adopted as the .official Zonin;i°:ap of tYie City of Clearwater, Florida, and by reference thereto is hereby made a part: of this Ordinance. Nn premise or building shall be used or occupied, neither shall any building be erected, altered, or extended for use or occupancy for any other use or purpose than that permitted in the dietrict in which such building or premise is located. SECTION IV. USE REGULATIONS, "R-1" RD,SIDEIVTCE DISTRICT: In the "R-1" Residence Districts no premises or building shall be used or occupied and no building, shall be hereafter erected or structurally altered unless otherwise provided in this Ordinance, except for one or more of the following uses: (1} One family dwellings (2) i~ccessory buildings, including one private garage when l~catect not less than sixty (60) feet from the front lot line, nrr less than twenty-five (25) feet from arty other street line, or a private garage constructed as a part of the main building. SECTION V, _ USE R"GUL,~TIONS, "R-2" DUPLE Rc~SIDt,iVCE DISTRICT In the "R-2" Duplex Residence Districts no premises or building shall be used or occupied and no building shall be hereafter erected or structurally altered unless otherwise provided in this Ordinance, except for one or more of the follow- ing uses: (1} Any use permitted in an "R-I" Residence District, (2} Two family dwellings, commonly called a "duplex". SLC^lIOid V-A USL Ri:;GUL.~TIO'r~5, "R-4t~ ~ iULTIPLL D''T~;LLI.dCi DIST LICT: In the "R-!~~'i~~Iultipie Dwelling Districts no premises or building shall be used or occupied and no building shall be hereafter erected or structurally altered, unless otherwise provided in this Ordinance, except for one or more of the f811ow~ ing uses: (1) Any use permitted in an "R-1'' Residence Districts (2) T;-ro family dwellings, ccmmonly called a "duplex"c (3) Churches, schools, (elementary and high), hospitals, except hospitals or homes caring for mentally deran•;ed persons or nervous disorders, pritiate clubs, except those the chief activity of which is a service customarily carried on as a business, libraries; museums, institutions, cf an educational 9r philanthropic nattu e. (4) Multiple dwellings, apartment houses, boarding houses, lodgir~ houses, hotels and motels, • (5) Parks, playgrounds, and areas used for community purposes. (6) :agricultural, farming, truck gardening, nurseries, and green- houses for propagating and cultivating plants only. (7) Customary home occu tion located in a I~ dwell.~ng or apartment, and carried or. only by members of the h~:usehald or the person occupying such dwelling or apartment as his private residence pr~vi~cd ro windcw Cher d or ~ i spin-~ or sign exceeds ng t;,ro (:~ ~ rt rose; sup ~ occupation, -4- ~~7 ~=` ~ A public dining room o_ rest.:_rs.r~t, providod the same is loe~;t~sd within the b;ii?;;ir:`~ opoi•a.c:_~~:.~.s a ho~~l, a,~rtmor..t house) lo~:_i~; house or boarain~, ,_o~use~ .z:.: p~ovic?~k ~ur*fier ti:t nd strL:~t, :,:~:~dow; or extcr~oi' sig:i for diauldy- exc~~eda.n.~; t:~ro (?) square feet i^ area be used to adv;;rtise s.~m~:; (9) Accesso.,* -:~:ildi~~-;s ~,~ uses n;::-~ssai•y :o ~:n::i cu~~i;or~rzl;~ incidental to ar,;;- o:" ~.~z:; <<s~s pc:,m_1;t~~d in ;i-4 a:-::~ R-,•1 zones when lhcated on the same lot at;d :~,ot ir:~c-o1::~=z ; '~.he cor_ruct of a business other than cus~t~m~.ril•~ ear-^ied or: rr; ;:n~x:ect~.on t~r~th uses permitted in R-1~ and P-.M 1•grses, inc7,L;3inR private. and storage garage when locatEd not less tiati t;0 feet from i;t~o front lot line nor less than '?0 f;;,:f from any other street liri~ or 5 feet from any and all let ~i1as, or a private garage constructed as a part ~f the main bt~.:i.d.i.hg~' p~•ovided, ho;,ravo-r~ that npz~- commercial (not o rated as a busirioss within itself ar ~z'ofit public parking lots of spaces nr_ ~r::c:i::t lots or porti~rs thereof for parking passenger ~,ator vehicles .,1i 11 be pi;I+~tut~ed iri R_,~ and R~rf zones; providacl, further, that to*,s ii: all use d.iStricts shall be capable or use for parkiru lots only ac;,q.~;~.ng to this sub-sectioni wholi ;aid lot er lots ~~re directly abuttir~ :end owned by the s~r_e owner as a lot or lots located in R~~, i~-i~ij B, LI1 UZ :end P use districts SECTIOPd G'-E: tTau 1t:;~UL.~TIONS R-~i iiULTIPLr, D;'~r,~;?;.,ING- HU7,'LL3 ripfl~',' ~~;~;NT ~fOLzSF~ AIVi ;:yi~Z ~:.i B~ T1~SS DISTRICT. No Yr~mises or buildings shall be u,~ed or occupy and. no buildings shall be hereafte~+ erected or structurally altered, •.u3lsss othcrse provided in this Ordinances except for one or more of the follot~r_rig users 1: Any use permitted in R-~ Districtl 2i Any use permitted ih R-2 and R-k UistriGtt 3: Combination hotel ahd business buildings; dbmbi4zation apartment and business buildings subject tb l;he fa?lowing limitati~nst In an hotel or apartment building containing 16 $r inure hotel u~ts (guest ro0ss) busi.~a5s usages shall lie permitted withir, said building iulder ti~:,~ rc::iin roo: thereof to the extent of four biisin::: s 9p;~ces for :.ho first 16 such units ,and dne additional bi;.~;;u-~~•s5 spade for each additional 6 units above the numbe2~ of 16; provided i'~.~t;her that n~ street. or exter~.or advorti. i::, or displ~~y sfgzs for said business spaces in excess oi` t~;r0 (2) square. fret iii area shall be permitted: 4. The provisions of SECTION rLA (9 j of thin Grdinan^~: :ire hereby included in this suction by refere!~C<:Z SECTION VI. USE dEGULaTI0P3S, 'B'' BUSID;Eu~ ';iSTi~.ICT: In the "B" Business District all prer,~ses anc buildi~s c ceot ::s othext. wise provided in this Crdin_nce, may t5e used fur any use pez7nj.ttecu ;_^_ either "R-1" Residence District, ;a;:-:~." Duplex Re:,=fdorc~: District, ~'ii-!~." i~:ultiple Dwelling District, _'! i~iultiple Dtia,.:lling and Li~~ited '~usiness Dish.,, or for any other use not specifically proh~.liit~~d by Fedez•~:l Or atate Laws Qr b3. Ordinances of the City of Clearwater, Florici~, except the follos~-ing, to-wit: _,_.- (1) .~11 typea of occupancies front which are ::muted spokes, fumes, ,vases or aiors detriment,.l to the cor^yort, ~n je;,?rant and health o~_ surrounding p!:rsors or occup~~:nt3. _~~) tiew or used, ~:utomobile ;:arts sales from v~:c::a.t lots. (3) Creosote tre;~.tment or mar.;_facture. (4) Distiil~wzior: of. bones, cotta or wood. (5) Fert.:ili-~::r i~~anufact:<x•e. (6) Fish hc~~;as, wholesale, lso fish smoking, curing or process:_t, lan , s. (7) Gaso~i;-.~;~ °~.llin~ or •or:~iCe steel ons, except .~aher,~ spoci~:l ~~.-~r.;rLit ~.:as t~-:~r;~. proc~ .~~~~. ;ro:- i" * r Ccm,r~ssicr,. w'r-• ($} Lui~:ber-:~rd and :*Lill tti~ork. (9) .i~ztomoL-•i1~: trailer camps, c;xcp~•+, ,;rz~:.a•:; s~,~cia~ permit has been ~.~.•ocur~ad fr. o:T the Cit~T !;ora?~ ;;,ion, following a recornrc•endatior, bar tr.,~ ~cnir~ ~:soGrc~. (i0) Carnivals, terms shows, exhibits and other temporary amuse- ;~ent projects, ~~arF;; -~rhere special permit has been procured from the City Com~,issio;:. S.SCTIOPd 6T11. °'SL ' -~ I~EGULr~TIGi~~;, "if" ~•_~.iG'F:ICTiJi~,I1~lG DIS'TM'~ICT: 11 In ~.:4:t; ":i" <~.nufactv,.~in; ~~ist;~°ic•, all premises and buildings, c;xcept as ot'rlart~rise nrovi~e:d in this Ur:::in ;jce, =.:•by ;,~; used .for any use perc'stted in "R-1" Residt~:~:,ce; .T~isi.~^ict, "R-2" Dup1;: ;=;~.~ic~o~;c;: District, n~.l~n iylultiple Dwelling District, °'R-t~l~' Multiple Dweller n- ~.nd :~imit;;d Business District, "B" Business District, or i'o~• fa.ctories, ltral;~r r3rs, .fertilizer plants, and other industries that may lawfu'L1.y b~ carried o~~ ~-:'.thin tre City Limits of Clearwater3 provided they do not emit smol:::s, fumas, g;.scs or odors detrimental to the health of surrounding persons or occupant:, ~;.nd are not specifically prohibited by arty other City Ordinance. SECTION VIII. USE nF~~GU~?TIOAiS, "U7" IiNZO~r:;D DISTRICTS: In the "LTZ" Districts :Ell pr.~mi~o;, and buildings may be used for any use permitted in "R-1'' Residency :^l:,trict, ~'R-2" Duplex Residence District; "R-i~" iiultiple Dwelling Dist~~ict, "R-i:" Aiuhtiple Dwelling District and Limited Business Distric- "B" Business District, :~:zd for and :~.:~d all other lawful uses which may be approved by the City Co,~u„issi on o_ tz:e Ci?~•y of Clearwater, Florida, SECTION; IX. USE 4,ULhi'T~~~~:'S +'p+' _~;; T. IC. DIST~tICTs In the "P'!_ Public .:istrict :zll premises and buildings shall be used ex- clusively for the following; 1,urposes, to-wit: {1) Public streets, pl~~.cesi tilleys; public highways, public parks, public building;; ruby=c recreation grounds, public avia- tion fields, golf court:yes, b~:.saball fields, other athlatic fields, bathing beaches, a.*:_userr:~;:t arks, recreational centers, railways, (other than street railways, places of scenic beauty calculated to attract visitors and toizri~ts. SECTION X. NOI'TCUr~FURi~iIIuG USL: The lawful use of land exi3tin~ at the time of the passage of this Ordinance, although such use does not cor.~°orm to the provisions hereof, may be continued, but if such nonconformir~ use-:i.s discontinued for a period of six (6) months, then ar_y further u.:;,: of sail prcr:,ises shall be in conformity i~rith the provisions c'f this Ordinance; Thy lawful use of ~ building existing at the time of tha passage of this Ordinance, or one for the cor:structitsr_ of ti~rhich a building permit has been issued not more thr:,n sixt;.* (60) days prior to such passage, may be ~ontinued~ although such use doers rot conform :ai th the pro~.d.siuns hereof, and such use may be ex- tended throe;;bout the building provided ro structural alterations except those required by law or ordin~~r_ce :ire made: tI?::rein. If no structural alterations are :Wade, a nonrorlfo . ~ ng use of :: builir; :aay be changed to another nonconforming use of the s;~.c,xe or more rc;stricted classification. r:ny nonconforming buildir{, c~~maged b~ fire, the elements or other Act of God, to t'r:; ~:xte,~nt of raoro than sixty-five (65) per cent of its value shall rot be rel::•r%;d or rebuilt, axcept in r.:onformity with this Ordinance. Should the damage be l~a.~s tian sixt,;T-five (651 per cent of its value then repairs may be made, prov:~d~~d they be rd^ :•,2thin six (b) months after such damage, and in accordance ~,ri~r: all other ordinances of the CitJ~ of Clearwater. Ji,C^1IO'1 iI. Ll1'~tiiTnn- ~--~r.-- 1~.., ~,.~~..r iT =udD ~~.~:4 p,;,~u. ~ T ~ Gres: _~. (1) P1o buildir.;; or oth:;r use shall extend beyond the building lines shoFm or. the l~gerld of "The ~oni.~ is~o of the City of Cleartirater Florida of 1 2", and no part of Gry buildin or other .a°e ~. a o ' ~ 95 g n R-1 nd R-~ use districts shall extend or be constructe_, o: bo•alicwed clns~r than three (3) feet from any and all lot lines, and no fo.zr:datio:i line, wall or colt_:s, of any bt,Lldir,g shall amend, be constructed or be 4i:,_o:.;:;d clos,-r tl~.n Elva ~ .'-r (~) -~.:t from arty and sll lot lines. -~.. Gz~ (2) Pdo buildin,^~ ~r other use shall bo a-rected ..ter permitted ;los„r ~'>~.n twenty-five (25) feet from the front lot line, or from any side str~;;>t line, ~r closer than five (5) feet f rom the rear lot line of any lot or plot, in R-1 and R-< use districts only. (3) The height of aLl buildings shall be governed by the City~s building cede ar_d other pertinent Crd~.nar~ces or re ulatior~s anr.'. not to exceed 150 feet i n height. (4) No lot ~r plot having an area of less t1a.n five thousand (5,000 s u=:rc feet shall hereafter be used for building in anr'~ i area, neither sl-iall any building eth;;r than accessory building be erected thereon havir~ a ground floor enclosed area of less than sever. hundred anc't fifty (750) square feet ex- clusive of porches ~Lnd; br::azeways. (5) .;~4 lot •r plat '.~ravin~; ,ten aria of less than twenty-five hundred l%=, 5~) squ~.re feet shall hereafter be used for building in an ~.-2 area, neither she"I.1 un~r building oth~sr than accessory buildin, be erected thereon having a g: uur~d flier enclosed are2. of less than sever. hundred and fifty (750) square ''.et exclusive ~f parches ~.nd. breezeways. `'r '~ n',T ~ ~" ~ PROF iaT_0~•S (1) ivo :wilding or structure of arir,T icinc ~ahats~ever shall be erected tirithin one thousand (1,000) feet of any exterior 'ooundary line of the r~iunicipal vi:ation Field to a hei,ht in excess of fifty (50) feet.. (2) In all residential districts, no garage, ter_t or outbuilding shall be .:reeled or used fir residential pu~pases it for any other purpose except c.~nstruction of the main building. (3) That hereafter Snipe Si.;ns except vrhen used as deal Estate Signs as defined herein, Sidewall; or Sc.r_d~~r_ch Si,-ns shall not be permitted ~.2thin the City of Clearwater e:~cept ~-rhen said s.-i;gns are located upon private property .zt the point of purch~~se. ;` (1r.) ide person shall paint, paste, print or nail any bares er, signs n?.per :' si?r~ ar any advertisement or notice of any ldnc whatsoever or cause the same to {' b:; done, or, any curbstone, fla~_stona, pav;,:;ra or on e.ny other portion or part t of sidewalk •r street or upon any tr~e, lamp-post, tcl~°~:zone or'telegraoh pole,. { hydrant dr bridge within the linuts ~f any street or public rig'r~t-of-way tirithip • the City •f Clearwater; provided, ~ho~~rever, jj that this section shall not apply to regular notices re:;aired by law to be s• pisted. (5) Z.~at all sins located in compliance with this Ordinance shall first be constructed •r erected in compliance :•rith the Official Building Code of the City of Clearwater. (6) do flashin, or activated signs shall be permitted in R-l, R-2, R-l~ or it-~l use districts. S~;CTI01.1 III-ri. SIGNS: (1) '.";+~ _._~_CI..'~L iDU:~~i-ai~~~:~ ~7IO1uS: (a) 'i~zat hereafter no c~mra:;rcial advertising sign shall be permitted in any residential district which includes "R-1" Residence District, ":t-2" b'uplex F,zsidence District, "R-µ" iiuit iple Dwelling District, and "r •i" c•ultiple Dwelling and Limited Business District as defined in the City Zoning Ordinance. (b) That no commercial advertising sign shall hereafter be con- structed in a "B" Business District as defined in the City Zoning Ordinance, until ~. special permit therefore has bear. obtained from the City C~nrnission ~f said City. 3efore granting the application for such a permit the City Camaission shall consider the recoraraenda• lions, either f~vorabie or unfavorable, of the City Zoning Board, and the effect such a si;n gill have on the public health, morals and safety in the part:;_cular location requested. -7- ~z~ . • ~. i,) Ti1at coiiL";lercial S.dVc3rt-.:;~ ;.':; ;~'.Jns nUt,~ :1;: i;:~?S? S~ic~.il not DF.>, ;liatoriailf o: st?:os+,:_n'=.::! ' lt~_ .,d.t,or ...y , ~~. ,.~ , .., ~. ~, :~•.~''•::~ '~.~aass a ;permit .~.s provided in S~CTIO~•~ ~~+:~. (:;) hor<.o" =_:i~first ohtailled, ~i~) 1. Persons dam::.?_r':_i1? ~~i~;Li_i for tho oonstrLlot~.Cn of CUni:~r2rci.1 advertising .,~:__. .,Mall first ;~hibit to the t3uildinr; lnspactcr Valld tlt.'_ . ;O U"Y.' ......iSc^ upon tit 1:ridS O).?. Ai'~.C~'i tl;Uy ._~::lrt: to oroct ,~a.i.:` sign or signs. 2 • -- ~ Cc>rrliilE;rCl=il ~ dVE:'_'~iS~._~ _ S~ --' -~'.i';f, . ;: ;, k't 1 ~ :ii~L ~rJ! _~ _.. .'~ `' 2'.St .,.:;G't fPOM :a.r:t~r 8 ~Stin~ Or herU,::ftc2' cors',;r•LiCted b~il.dlrl• 3. All coln~:~:rc.~?1 ~_dw;:rtisin~; suns ;rust be at least fiftsor. (1`>) feet fr0:::_: ark,- str~c;r3t merle and fifth (50) feet frof:l ~~rzy i:.r~ca is i.ars<.c ;ion. 1{. ~lll :orrciercial zdv,~rtising si.nrs must be so crect:c: ;hat thy; ,,ri~1 not constitute; a traffic or ertil~r 1?c~.?^:~~_; or ~~c an eve-sore. 5. l;11 co~-;,~ercial P`~vaZ•L1S3.A~' si;;. Must be erected of. fireproof '~~3ter iv G.~ 3uCh _. .1'i:'ilatl7 c1S 'LO r'S1St ,_ ''`r23S11I' F ~~; ~ } pounce..-, izr square inch. O • The 3dV~rt1. Sing :' i cc Of ~ ~'::rClal adVc? i all COC''s,.: r T..i~S1.P.`, 5_,.,;iS s'rail not be rnoro than ~,~ii`~:'; hundri;ci (j00) square roet ir: _:.r'~a. (~) - ~~•?T~ FUG ~ ~:,';T ~~~°'~~ .- - -.,., .._;'~ _ -,~, . \ 'i'_i;_ -;T^~, l.;"I:'Ll~i, _~.Ji. lt'ILrt11~J., '~~!_'.;icJ c Vil'vlisiV~ 1 J~ That the City Building lnspactor is hcraby ?utl.ori~ad to issue pex;Tits for t:~lc erOCtiorl of Street and Oirectior_al ;i~;nu, Owner Ide.ri,iiicatior ;;ids, a lx3 Point of Purchase Signs under and according 'to the follorr_r::; cona~tlor's; LZ~aI ~stata :ins .,~y be erected without permit, accor'ir..,; to t::e follo'~vi.~lg ~,~~ci:ications. (A) Street and Direction:'.l Signs s;iall ro'i; ~::.:ce:;:d four (:~) sour~re ~ feat in area; deal ~;t.~te ~i~:;ns si11=_ plot ox_c;c;d si:_ (f.:) square feet in area; ~~~nd no sign of and; na:,~u'u or l;inu T~rhat.~o?vvr ~ ~ shall f,~xceed s~_~c (6) s::~uaro f ,vt :ir, ar.: ~~rhar_ locat;:d iri an ~~-1 or iz-2 use distr~~_ct; r.ll of F,iZO foro~;o;; ~ sirs shall ba of a rea.scns,blo si,a ~~.;id de.::i~;r~ ~n~` th due r-~F`~.rcl co their j~~,zr- oose, proposed locatior, a.r::i til:: ti••ff i_ .::r~~,~ s:~? <;ty' conditions ar~stin; th~„reat; any of i;}-.e; foregoing ~ -~ ;-r:^~>~n~, _--- area in excess of the areas herei.ZU~forr-: Set out~sl'1-a1i. be classified ~. aS COT.*LT:erClal dVC;rtlaiYi` ~~1?~1;> %+2'G 3Ci.'.ll ,. _. Slyij(.Ct t0 regu- lation ~s such. (B) N writt;;r_ ~:pplicatior: for ,,.;.ch such ~•',-^:-st shah. be f h _:_.~ filed Lath t e C ty -~uiluir~ lr_spr,c;,or -nc o~ •- ~ ,~ s ~ i• ~tinz; ,,h=a sizo, type ar_~ de- Slorl Of t..2 d2 Sir2ei S1k?;: :iii: fits propOSed lOCatl0i, 'uv1.t~.it p~rtl- cular regard to Stree'~,; ~, d right-of-vra~,T llnesi (E) The City Building Ir:s~c~c~~.o,•~ ~•,it::~ the aF,~>rov:il of the City _anaer, r~..y issue oei•r,~.ii:~~ fo s.n5 to ire locatK,d upon public prope.rty~ .tiherc th_ ~.~:plil:?::t~.~1'ls thercior ~::lply ~ri.tii the nro~ visions of this O:c'r;-ir.•L*ic~. _ (1~ 7 The ~iitTj' B1111~i1?7; .!.ri.'ip~;CtOr Sha_I.i Ci?3rg;; ~l:;~ COll`'Ct rO" '' use of h ~ V i t~ =, ~ ;, ~ ,. ~:,`' t ~ ,,r, - r~::._, or:able pr;r:rat fee ~"or a~.1, si--~1<- except reel i?Stc:t? Si_`.;'l3, Bald fCU•3 ''vO %`6 '_ii t~'i.", a.*1OUr?t FJ:il• J, ~ hC . cn ~'~ ~ fro:_1 tL'.le tO t1L13, a°t:~~.~i3'ly~= i7?' 'i.Clc: C].t~i C.Or1L11j_35102^i G~, CitJr of CL:;ar~~:.~ter, lori~'a, :; r.;solution. v (3} LGCf~i0'•,` OF ::Z =..~~ Ll"11v ~~.. Ti'^'- T '~ i -~ ~ .- - - •, _ _ 1, •,ie !'lJ; ~i~~+.. 'h~~_~.~.ti'1~: a_ 1 ~Tyu•~ c _ S~tJC ^-P::li j)1' 11jj T m~.,. .-,•,~C+~'F7TiCl ' S: ~ _. ~t1.Vl~l~li..l:Ji]' .J.:'. L 1J (A) That except ?.s provided heroin, no si` shall be located in • or upon. ~.rwT "P'~, P~r~li gist: ict, as :zefined in the City Boni ng Ordir.~.nce, or in ~:r.;;r street or railroad right-of-~•=~y. (~} Thera this Section ~--hall not prevent ~.ny oparati:a railroad Arom pl~:cirg tra~'fic signs sl:-ic?: ~.r,. nocossar;j and Aron ~ ' „~r ~r, th8 Op+r~.,ion Oi Sald r~.'i~"O?.d y • • ~~•) That this Jrdinance shall not prohibit t ~~ errection +f reasonable and necessary street and ~L reci•~oral signs by the City of ~~'learwater and State, n:l Federal authorities. (D) That this Urdinance sh<sll not prohibit the loce_.tion of str•~et and directi.on~,1 sio-ns when a permit therefor has b:;f~i. s:.~cured as hereinafter pro~,rided. ~'+) Sli~i~TS t1T LUC~I`~IOt3S i'il-~~ ' -"-' ' i .ir T i n: This Ordinance sh;,~~ not pr;vant the erection of one sign on Property where building is ?.ctually in progress under a current building permit. This sip;:: may be large enou6h to incl.ucia the names of persons perforr,~ireg labor or supplying materials to the premises, and such sib r:iust be removed before the Certification of Occupancy shall be issu~:d. (5) ~t!;i~iOVAL GF ILL;;;G~iL AND D:1Tc~;RIU:tATL•'D Sl'i:~S: Should any si gi exist in the area where s~zch signs are pro- hibited by the ~ravisi~ns of this Grdinance after the effective date hereof, or should any sign deteriorate so that it no liner complies with this Ordinance, t.ie City Building Inspector is hereby authorixad and directed to remove such sign from said prohibited area. SLCTIGN VIII. Ct~RTIFICA'~ GF OCCUPA~vCY: No vacant land shall be occupied or used, except for agricultural • uses, and no buildings hereafter er=acted or structurally alterod shall be occupied or used until a certificate of occupancy shall hsve be~;n issued by the ~lcirzo inspector. Certificate of Occupancy for a BuildinR• Certificate of Occupancy for a new building or the alteration of <~n e.c sting building shall be a~ Np2ied for coincident with the application for a bt~.ilding permit a.nd said certificate shall be issued within three days after the request for sa::~~: shall have been made in writing to the Building inspector after the erection or alteration of such buildir.7 or part thereof, shall have been completed in conformity t~-yth the provisions of these regu~.ations. Pending the issuance of a r:;gular certificate, a temporary certificate of occu}~ancy m<a.5 be issuod for a period not exceeding six raart'r:s during the completion of alterations or d~.~.ri.ng partial occupancy ~f a building pending its coLlpletion~ Such temporary certificate shall not be construed as in any way altering the respectiy~, rights, duties er obligations ~f the owners or of the City }•alating to the use or occupancy of the premiss or any other ma~~er covered by Y~.his Ordinances and a~,zch temporary certificate shall not be issued except tinder such restrictions a<7d provisions as gill :,dequate~$~ insure the safety of the odcttpants~ Certificate of Occupancy of Land• Corti°icate oY occupancy fir the use of vacant land or the change in the character of the us~~ of land as herein provided shall be applied fir before ary such land shall ba occupieed or used and a certificate of occupancy shall be issued, wit'iiin tn~;e (3} da~Ts after the application has been made provided such use is in cOn2'orr~ity b.'ith the provisions a,f these regulations. Certificate of Gccupancy shall state that the building ~r pr~p~sed use of a buildir.G or land, complies ~hrith :~li the building and health laws and or:'L_nances and ~~rith the provisions of these re;;ulations. ti record of all certificates shall be kept or. file ir_ the office of the Building inspector at~d copies shall be furnished, on request, to any persons having a propri:,.:Lry or ter.3ncy inter:;st in the buil.dirg affected. No permit for excavation for ~:nyT buildin sha].1 be issuc3d before application has been made for card f~tt: ~f e~ -9- G27 _ +'f " !%V, PLATS: All -:pplic:•..,'.~r__ ro~• ~;~:~1u7. per.~:its sh~.ll b.. :co~---~r:_..,cc :~~~ a drawing or plat, in duplicate, showing the 7.0 : plan, the licatior. of .;~.::~ building ~n the lit, accurate dimensions of building r:t...~ '.ot and such other ~:~.'ornation as ~.?ay be necessary to provide for the ~~'rforcoli.on'~ c:... these reFulatiors. A Careful record of the original copy of such applications _;~~~ olats :.-~~.! 'J:; kept in the office of the Building Inspector and the duplicate cor.~ ;;;:.^.is ....~ I;ept at the building at all times during construction. V. GUI`TT:~u~ :~r~D PZ,r1Tli'v'I'iTS ~iAaD: 1. The Zonins and Planning Board provided for in ~:~.:pt~r 7.5671 (~}o. 71) Acts of rlorida, 1931, and an„tir and aI1 fu+,ure acts, s?iaL1 perform tile =t.-nctlUns c:.:~.d a;cercise the authority sr~ecifical7_y given th~r:, therein. 2. The Zoning and Planning Board shall at its first nect~.r:g after its appointment select from its me.nbership a Chairm_:?; who shall preside ~:t all meetings attended by him; aVice-Chairman who shall preside ir, the absi:nco of the Chairman, and a Secretar~T ?who shall tale the mirnates ..nd keep the records of all meetings of the Board and •f a]1 actions of the Board. 3. The B•ard shall have full right _,n~:: oo?wer to adopt -rG7_~s and regulatigns for its governance, fib its re,gul~+.r and s7:;cial ~eet~.:.g tir,:es in accordance with such rules. A majority of the me?::be,sup of the Board wtte;.zding any regalar meetinP or special meetin^ shall constitutes a quorun. SLC TION ~tI I . .~a~i~iIS TRA T ION It shall be the duty of the City Buildi~; Inspector to administer and enforce the provisions of tliis Ordinance, the sa~cle to b~ done in col: juncti •n with the building ~Lde of the City of Clea.rwa.ter. 'r, case of a conflict bet?green any of the provisi ns of this Ordinance and those of the bu:..lding code, in a given instance, the more restrictive of the two shall govern. Persons, firms, or corporations desiring to appeal any ruling of the Building Inspector shall so notify the City i-s.r~ ger of the City of Clear?•rater in ?writing vrithin twenty (20) days after such rulir.~ IZs 'vESn made. SLCTIUN «VII. B01~rJ GF AJJUSli-1;i~'T ~;i•;D APr'L.=~L: the City Com:ri.ssion ~f the City of Char?water shall, from _:nd after the passage of this Ordinar_ce~ be and it is hereby decl~x~d a Board of Adjustment and Appeal so that where there are practical difficult=_, s or unnecessary ilarcxships i~: the way of carrying out the strict letter of the provisions of this Ordine.ncc;, the Board of Adjustment and Ap;~eal shall have ro~~rer in spacifi c c~Lses, af~,er due notice, and investigation, to. deter:,:inc; and var~r aryl such _~rovi lions in har,;lony ?•riti: the general purpose and intent of the Zoning Or_~.i;:~.nce so that the public ~~oalth, sai'etJr and g-snor::~l welfare m~.y be secure and su'ostanti~:i j astico d~r_o, Such Board shall hear : ~,_:::;eels frog: the .action of ~he Building Inspector and detor~`.ine the rights of the appli ~•::t. tipnal to the Bo^._ ;i f Ad just,.:~: r,t and .ippeal may bz taken bar any person, firm or corporation ~.g-;rieved, pro-;'_aed notice ~,h~reof~ together with grounds thereof, ar'e filed in triplicate, in rrit`.•_ Trrith the :;::tt- m=.,.Hagar of the City of Clearwater ~rithir_ twe^t~;r (<0) da;-s :.fter such actio.-i of the..F~:til~.:iru; Inspector. The City ~^?nager shall fort^;~__:; transmit one copy t~~?a~^aof to t}:;; City Building inspector ::r::: one copy to th:. s:ai:~ ~o~.r~i. `:a said Board shall after :iu;; no~;,ice ar~d ~~rithin thirty (30, days -after the fi7.in; of said complaint, hc7.i~ ' public hearing thereon az:d pror~iptly render its c~;cision. ~LC'~1'UP~ _.- Li i~F~r:._.TA1Iv', P,'- r' _ - ,;--,TL C.,. ~'?III ~' ~i: O~ ;~ i "i~' W:: I ~ . -- In interpreting and applying the provisions of this urdir_~.r_ce, they shall bs held to the minimum requirements for the promotion •f health, slaty, r:or~.ls, ~:,nd general welfare of the c~TM,;:~~ar"ity. -1D- Gz 7 ~ ~ ,~, It is not intended by this Ordinance to interf::re ;,ri.th, ,_ibro~;ate, or ^nrul any e~~:senents, covenants, or other a:ree:erts heretofore ~:;isting bet,reon parties; provided, however, the jurisdiction ar_d authority of tine Cit~T Gov;:rnr:~er.t •f the City •f Cleari~~atc~r to enforce builr..ir.~ and zoning, r~st~•ictions sr~:~ll ~~~:: ccri-`in~d to the enforce::ient of the prwisi~ns ~f this Ordin~:.nce and reith~ r the City nor any department •r empliyee thereof shall in any wise involve the City in the: enforcer.~ient •f any privately created easements, covenants, restrictions it agrae:~.erts b~~tti~re~~-n such parties. SLCTIG~ :{IX. PwPL~iL: nll orainances or parts of ordinances ir. conflict iz~rewith or inconsistent ti,rith the provisions of this Ordinance are I:ereby repealed. S;JCTIOi fX. V:iLIi)IT`l: Should any section, paragraph, sentence, phr_~se, cluse or other part or prlvision of this ordinance.~be declared by the Court to be invalid, the same shall nit affect the validity of the Ordinance as a T~rhole, or any part thereof, other than the part declared t~ be invalid. S~;C^tIUI~I :~I. ~ PLI~ALTY: hny person, •r persons, firm or c~rp~ration it association of persons, :.rho shall violate or fail to comply with any of the terms or provisions of this ordinance shall, upon conviction in the :iunicipal Court, be fined not exceeding the su~~n of 1~,ro Hundred {p200.00) Dollars, or imprisoned in the City fail for not exceed~~ng sixty (60) days, or by both such fine and i~npris jn,~ent in the discretion of the iiunicipal~ Judge. Lech day that a violation is permitted to exist shall constitute a separate jffense. - Si.CTIOi~;~I. EFF~GTIVL D~,TE: This Ordinance shall take effect from and after its passage and its ap;~roval by a majority of the qualified electors of the City of Clearwater ,:ho arc freeholders irithin said City voting at a r~egul~~r or special t•unicipal F,lect-~on called and held i n such m:_nner as the City Cimmissi on ln:ay deterr~:ine ~jor the purpose ~f determinin~~ trrhether or not such Zoning Ordinance shall ~o inti effect. PaS,CLD Did FIi~1^ ~YIIIrdG Decc;mber q, 1952 PAUUED C SLCO'~'D ~~,.DING Doccr.;ber 9 1y 52 .:J:~i:11 O~~ ~:i13D ~~;:D FIivAL ~ADII~CT ;a~~.;D 1DCFTED r 9 1052 ~ecerio,, ~ , . _y,~or-C o~n.u s scone r Attest: City Auditor and Clerk rU;~ I~h~D t (Prof of Publicatiin) -li- ,~. - ~~ ---., ,~ p~ , _,.~• .~ I .. CITY s • ~ ~ ~ ~ ~r~T "IIOf" WlATNlRLY, MAYOR i~j @~ ~ ~ ~ ~ ~ ifflONlRf ~~~ LEVEL/1ND INSCO. JR. vv AM 4. YfAITH NIRfTRT P'I'iLDi ppp111 JOi 'T3i3tN~lae. ssae. JAM1Ci R. ~3i'SWART. CITY MANAGlR HERnERT M.'9ROW-i, CITY ATTORNEY OWEN >s. ALL®RITTON lll, MUNICIrAt JUDG! R, d. WHITBREAD, CITY CLERK . Mr. Ed Wright. P. 0. Box 24 St. Petersburg, Florida Q}esr Mr. ~iright -osT orrlca sox laaa C1ER ZGfTQ~E'L~ ~~ 2LLIR.. May 15 , 195.3 We are enclosing herewith a copy of Ordinance X971 which is an' Ordinance annexing all of that property north of the City limits of Belleair Beach or- Sand Key into tha City limits of the City e~f Clearwater. • it also zones ail property annexed as "B", Business and designates the area as being. in Fire Distr-.ct #l. This zoning is in a.ccardance with the agreements with you and th•e otter .property owners in the area and the City wh.c.h were. executed at the time of, constriction of Lhe Clearwater Pass Bridge. We trust that this Ordinance will meet with your approval and that we may proceed with its passage on Monday, May 20. • ~Je are most anxious to complete this annexation prior to~ the end of the present Legislative Session because a bill has been intro- duced which would repeal Section 171;04,,. Florida Statutes 1951 and. if this bil is passed further annexation of new gropertie•5 by municipalities will be, for alI practical purposes, extremely d~fficult.~ .. If you have any questions at all regarding the Ordinance please call me.. Sincerely yours, C James R.. Stewart City Manager .~ , • ~~° .. .~ - • . ~ ORDINANCE NO. 9a 1 ~~~ S, AN ORDINANCE ANNEXING THE NORTHERLY PORTION OF SAND KEY, PINELLAS COUNTY, FLORIDA, TOGETHER WITH CERTAIN SURROUNDING WATER AREAS. SAID UPLANDS BEING PARTS OF SECTIONS 17, 1$, 19, 20 AND 30, TOWNSHIP Z9 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, -AND AL•L ABUTTING STREETS INTO THE CORPORATE LIMITS OF THE CITY ©F CLEARWATER, FLORIDA,. AND REDEFINING THE BOUNDARY I IVES- OF THE CITY TO INCLUDE SAID ADDITION,. ACCORDING TO THE PROVISIONS OF SECTION 171. 0~, FLORIDA. STATUTES, 1961; AND PROVIDING FOR THE EFFECTIVE DATE.OF THIS ORDINANCE. WHEREAS,. the City»Commission of the City of Clearwater, Florida, u~zcted Orsiinanca No; 966 os April 15, 1963, which Ordinance declared the iatantioza of the City to arsaex the parcel hereinafter described, into the corporate li~aita. of the City of Clearwater; and WHEREAS,. said. Ordis~at~ce was published once a week for four edneecutive wee&a i~ the Clearwater Sun, a newspaper published in the City of Cltarwate=, p'lorida, proof of which publication is hereto attached; and W~IERE'AS, more than thirty days have expired since the ettactrnent ~~: C)rdinat~se- I~To: 966 and .no registered. woter of the City of Clearwater, no o'Wt~+e! of real estate is the territory to be annexed, and do oerson whomao- eve~ has objected to .such. annexation or has applied to the. Circuifi Cour4 of tie Sixth Judicial Circuit in and for Pinellas County, Florida, setting forth any objections to said annexation; and WHER~'~5,. all of the provisions of Section 1? 1.04, Florida Statutes, Piave been complied with;. NO:W. THEREFORE,. BE IT ORDAINED BY THE CITY C'ONlMISSION~flF THE CITY OF CLEARWATER, FLORIDA: Section 1. ~`he C`ty of Clearwater, acting by and .through. its City ~,. ~o~nrnissi.on, by th:e authority and' under the provisions of Section la i. 04, Florida Statutes, hereby annexes .into the corporate limits- of the City of Clearwater, Flo.rid;a, and redefines the boundary lines of said C-ty so as to include the following: Northerly portion ofSand Key situated in Pinellas County,, Flsirda, together with surrounding water areas. more particularly described as follows: $punded on the West by the territorial limits of the State of Florida; bounded on the South by the North corporate lianit line and its Easterly and Westerly . Cxtensions of the Town of Belleaire Beach, Pinellas Co~~ty, Florida; bounded on the East by the center line of?the Interccastal Waterway; and .bounded on the North by.tbe present City limits line of Clearwater, Florida; the upland portions of said area lying in and being parts of Sectioae 1a, 18, 19, 20 and 30, Township Z`9' South; Range 15 East, Pinellas County,. Florida, togs-lher with all abutting streets. ' ~bov+e described piroparty~is hereby zoned ",3" ffinsaees,as~d de~igna-ted as Fire. District No. 1. -1- ._} _. ....a - .. ' «'~'.-.. a ' .... .+ . .. ::~. .~ e ,.. ,_~~ ~~~ S.ec~, The City Engineer and. the City Clerk are directed Lo include and aet oui and show upon the official zoning map and other official rnatps of the City of Clearwater Lhe foregoing pro?arty. Section 3. This Ordinance shall become effective immediately on its passage. PASSED ON. FIRST READING PASSED ON SECOND READING . ~ PASSED ON THIRD AND FINAL READING AND ADOPTED Attest:. City Clerk ' -. Published: Proof of Publication mayor-Comrnission~r ff 1 i ~r - i .. ~ - ~ . r • .o ,` • RO~ L. "BOB" WEATHERLY, MAYOR T COMMISSIONERS 1 ~ ~ ~. ~ ~ 'nJ CLEVELAND I-JSCO. JR. 31{Q1JJ' ~ ~ ~3 AMOS G. SMJOE TURNERH SpBERT FIELDS C 1 YYY r` POST OFFICE BOX 1848 n' JAMES R. STEW.4RT, CITY MANAGER ~EQ.'Z~a~~~ ~~~~ HERBERT M. BROWN, CITY ATTORNEY OWEN S. ALLBRITTON ill, MUNICIPAL JUDGE R. G. WHITEHEAD, CITY CLERK i~'1ay 21, 1963 Mr. Bernard F. Powell 239 Briggs Building Birmingham, Michigan Oear ~1r, Poweli: I am pleased to advise you that the City Commission of the City of, Clearwater passed Ordinance #971 at its Regular _ Testing of Say 20, 1963. This Ordinance completes the annexation of~ your property located on the north end of Sand Key into the City of Clearwater. Ordinance #971 also zones the. property for "B" Business use. At the same time on Monday, May 20, 1963 the City Commission passed on three read..ngs Ordinance #972 which amends the .. L,3q:uor Ordinance of the City of Clearwater to include all of '- the property located on Sand Key. tiVe are pleased to welcome you as a member of the City Family . I~:f 'the City can be of any further service to you in any respect phease do not hesitate to call .upon us. Sincerely yours , ames R. Stewart City Manager .~ ~ r s ~ ~. ~ r ~ ~. `J/ L w . ~ f ' - A GRFE~`IEti'T ~~ . - This AGR~~'~:Rut~T made and entered into this ~. c~.ay of ., A. i~. 19b1, by .and between the CI`I"~ OF CL.~,~R':ATBR,. a muniei~~alty, created .and existn.gunder thQ lames of the Mate of Florida, pang of the first.. part,,. and hereinafter called the Ci.t~, and B~;R.~tARD F. PCt ~;~,L, 1~RY ST~~:~R PU~~~;i.L, NORA i~~A~ P~;AHGBY and I~flGp,R „° . L. ST~V~I~S joined by .his ~+rife CHRI~TI~JB ~TE~T~Td~,. parties of the se:con~d fj,. ~ ~ • ~ ,' =7, . , (~.~ , It is recogn.i~ed and agreed by and bet~~-een the. part:zes: :f `'rhPreto that the ~.ntent of this Agreement is to set foTth.a.plan and, ~~ ~;;:' - ~:,'.pragram fnr cooperation bet~ree~n the parties hereto and to sr~e•cif•:y the -promises made- ~eaeh to the other in regard. to thematters t~v ~r-hick this F: .Agreement .relates. (2), It is daclar+sd by the. parties that on the part of the City {`':".that the purpose of this Agreerzeat is to secure the aids coaperato,n r,;.and assstanC-e of parties of the second. part in order t© accomplish '~~the ~erectan and constructon'of a certain bridge connecting Clearwater ;,Beach and. Sand Kerr in Pin.e33.as County, to be knower as Little Pass . ,. Bridge, and hereinafter called the Bridge, and to aecure rights-of-;,ray ~k. for the a roach reads thereto and to - .~- . pp provide for. the construc;~:ion and. _' i~ ,paving of such.. roads- 'and the: providinb of ade4uate drainage faciliti.eg ~ _;: ~`; ,- theref'or,_ and to .annex certain. lands of parties of the second part on z: .. - r~ Sand Yey 3.nto .the. Ci.tp_ of Clearuratsr. ~'~ ~3~ It is declared by the parties. that on the part of parties. t,~ ;~ of~the second part, the purpose of this Agreement is. to offer and f{~ • r - ~ j promi,~e aid, assistance and cooperation as herein specified to the City ((; -: , _. ,; t in the accomplishment of the ~pur?~oses of the City as set forth a°cove. ~ z{ '*~ ,+i ' {,~~ In o. der to effectuate tre above purposes, the parties ~ ~.. ; . hereto,-for and in consideration of the sum of Cne Do11ar ~~3.0~) and. ~, ,~ 3•~ otnLr valuable .consideration and the promises made by ,thy parties er ~,, ~ ^~~ to the other, ~as spt forth herein, ~.o agree to do a.~d perform t}~e ~~' 1.'~ 1; £ F .matters a.nd things as set forth herein. ~ t ' ', ' (5l. It is reco~ni zed. and a~7reed by the parties that this ~~. '. ~ ~' ', {. %; i _. instru~ent__embraces the ~rhole of the a~;ree;n~:nt of %he .parties ?~~~reCo ~ { ~i •, . ' F ( ,.~ .,.._ r- s .__. ,~_._...._._..,~_ _..._ .,. , .~ ~ ~ . J + - 2 ~ s i in respect to the .utters to avhic~~ this ~l~reement relates anci it is furtr~er recognized and agreed that the a_;reeraents and promises con- tamed herein constitute a correlated plan or pro¢rar~ for the cc~aplete accomnlis::~ent of the proaect to ~hic~i this agreement relates and that eac}~ of suc~a agreements-and promises are inter-related and the'perfor- . manse of each by the parties is dependent upon the nerforr3ance by the other of .said promises and agreements. .~": _.~b} It is agreed by the parties that the map attached hereto k ".and made a part hereof by reference as Item ~ is . ~. a t rue and correct {~' -representat~o~n ~ef the area of Iand and hater to which this Agree~:ent •~. 'o .Y. - ~. Telates. ` ' (~~~ It is understood by the parties that the City has beret©- .~ , ft~re val%dated <c~e:rtain revenue cer - . tifz~cates in the amount of ~:1 500 000. 0 0 ';`, 8s appears 3n the recors3s of the Circuit Court of :~inellas County, F2ori- -~-cia, and partcu2arl in Chance. ~' Y ry rile ado. 5.b,912 thereof, and thQ City antici aces se7rlrz. P g such ce:'tificates to defray costs of erection and f K ~•~constructi€n o;.. the Bridge, the acquisition of rights-r~~"-~a;y fug- a oraaeh P. ro2us thereto and the construction a.nd paving of such approach roads.,. ~ ~~ and providing adequate drainage fac3ities therefor, but that the sale . of su~ah certifeate~ and entering into a contract for construction and. erection of such Hri.dge is dependent and. eontnge~nt upon parties of the second part acquiring and dedicating to the City, <~ithout cost to the .. City, right-a~f-map for the approach rozd to the south end of said .~ `Bridge, sa~.d right-t~f-way being described on the rnap attached hereto, IL is e.~?res~sly understood and agreed that no part of the. ac- qusition of such ri;ht-of-way n:or the construction of the. road or the paving; of the sane, or providing drainage fdciliti~:s therefor shall be P~>d. for or del rayed fron the general revenues of the City of Clear:~rater, an~3 this contract shall not be construed~to so obligate the City. . ~"~~ Zt is reco~ized that in order to acquire sufficient ].and ~- to provide an3 dedicate adzauate right-of-gray for the approach road to the south end of the Bridge,. that. it will be necessar;r for parties of t•3a.e second part to ac ;airs #'ro,,: the ir'astees of the internal In• provement Fund of the Mate of Florida cex'tair_ ~uhmo;.god .tar=dj ad,~acent Lo Sang- ~` fey, and parties of the second ~ a• . part agree to irr~mec,lately apP.IY to and ~ ~, Y - 2 - ~r ~. • , ~ ~' ~ . . f. ' ~ i ~ 1 ..~ begin negotiations with -said Trustees fo.r ecquisition of such sub- merged.lands, which Lands are located on the map attached hereto, -but in no event shall parties of the second part be obligated to acquire said lands at a purchase price in excess of that ~~hch they are .willing to pay, and if sai=~ lands cannot-be acquired at a pur- .tl chase price.sacceptable to ;aarties of the second Dart, then this Agree- u. '~ merit shall be null. and void and the parties released each by the other g`_ ,! vv`. from amp further obligation to da and per#'orn the things herein Frog- - vided. _ . . '~~. .. ~ ~ ~,. r~ The City agrees to make full disclosure of its p,Ians and, M? ,` proaosals to the Trustees, and to gi~re-such assistance as ~o-s-sable to a~ .;.parties of the, second part in the. acquisition of such subme.rg~d lands, ` incl.udi~~ the ,filing,.., if necessary,. of a ccpy of this. Agreement' ~ with "' ...maid Trustees, ~~::~: .i~4 . ,. ~ ~9~ ~ Upon acqu~.s3tion by p=="~~°s of the 3ecand ~~ of the ;~ ',submerged lands from the.. Trustees of the Internal Improvement ~und~,,, they will simultaneously, a~ith the .delivery of deed to such submerged ,r lands to parties of the second part, enter into a contract or a~ee went Frith the City for depositing appropriate instruments; of dedication. of the right.-of-way aforesaid to the City, or its nominee, in escrow, ,~eonditioned that said instruments of dedication shall be delivered to • the City at the ti~~e the City enters into and executescontract for construction of the Bridge,. or at such earlier time a.s such parties. may mutually agree upon. (3:0~ Tt is understood and agreed that in the event part3,es of thn second part acquire the submerged land indicated on the crap and dedicate. t}gip right-of-gray to the City, that the fill matzrial for the construction of the apFrpach road ~~aill be obtained from Cl.earw~ter Bay coat of the bulkhead line. as no`s established on property of the parties of the second part on Send fey. .E11~ It is recognized by the parties that upon completion of the Bridge and the approach roads thereto, that it will be desirable trot the City annex rota the Cit~r of Cle<~r:rater the lands of parties - os 'visa :ic~,•/uu par v fiil ..:cttlct F~~y and Dc"i7'Ll°s L3I tl'le seCOnci art agree . ,' • .. 3 _ r a ~~ ~ ~ ~~ thatt upon such comolet.or of the construction of the Bride and the ap- ,~. . ~' ~ ~ ~, ,~"proach roads thereto, trey ~1iI1 consent to, or ii' necesaar~~,. ~-rill apply S+ ' .R `p~1/\r- to the `:ity o£ rL ~ ear-~:ater for annexation of said lands into the City of ., ~CIe3r°~aater~ and :Jill cooperate xrth the City in tyre annexation of~ seid lands; yarties of the second part co~renant that this ~~reement includes all oftheir- land located on Sand Ivey and they rill not resist or oppose annexation thereof oy the City pursuant to Chatter 171.01, Florida Statutes.. X12} It is u=~dQrstoad anti agreed that upon annexation of the , .. ~ territory. into the City of Clear~tiat~er that utility service gill he af- . ~~. - . ° forded such ar.;~exed territory on the same. basis as. other areas within the. ~~ .City. ~ .F ~ x ~` ~ t ~, ;~ It~ is understood ark ~a~eed that parties of the second part mayj.;~ .+ . ,, a~~ heir r~ption, make application for annexation prior to co~:pleton of ~° _. 3c~anstructon of the Bride: and approach goads thereto, and the Citg `agrees ~,to ~ annex such terr;tcrry upon parties of the second part making such app~..- - . eat"on, . - . ~ IA1,::ITNESS ~k~A~, . B~R~vTARD ~'.. P:dv~~~,.s ~f~RY STeRR ~O~ELL, : i~IORA 1~:~~ ~ € -. :, -~PEAH®DY and $OC~R. ~.. ST~V"~]~ joined by his wife CHRISTIjdr STFPEIVS _-have - .'~ ~ ~ h'ereunt~a affixed their hands and seals, and ~ the CITY OI*' CLL:~R=~.~TE~ has $: - `` °caused xts ccrp€~ratQ name tv be s`i~~rzed and its seal affixed by the Iy1ay_or- s t' i `. - ~. Commissioner-•~and attested ~iy .its City Clerk, the day .and year first ~ LJ ~~~ ~.. -s ''t .; : ~ sEAL~ _ . - , ~3i.gn.ed, sealed and delivered ;~ ~~ SEAL) k- f .. , ~, ~. (~. { SEAL} ` i ra ~~iae ~'~;abody ,~ x~`~1 .b I ~% ::` ~ (SEAL) ~,, ~~ ,. L er Steve f ;---~ x _ Christine Stevens ._ .. -t t CITY +CF CLi,i~R~+~~TER, a municipal. ~ ~ ~ ~ ~. . - corporation of the State of Florida{SEh~.~; ~ . j `~~ ~y - Approved as .to form and Mayor-Corunissonar ' '~~ come ctn.e s s s ~ ATTEST : ~ t ~ ~ J~ a " a ~ .i •. C3,ty ~.ttorney Gity Clerk ; t ~, r;~ ~' CUU~ITERSIGPIED: ~ ~ ~ ' :,~ ;. - ~ SEAL ~'~ , ~.~ jr m , City "sane-per ~~ ~' ; ' 1 Y ~.+-:.lru+•~~..""-_e. ......~-.-~....y. _-.. ,..,. -.....tea.-... .r.. ~-.`...a +uw~e!.'. i~......._,..w+fi~.."" n~ ~ #. Y-'.,tit ~'?w A r ~, .: F-~ ~~~ Joseph R. Dembeck President City of Clearwater Clearwater, Florida Area Code (412) 433-4550 - May 13, 1970 Gentlemen: As-you are aware, USS.Realty Development Division has entered its formal objection to a proposal that the city rezone oux property on Sand Key from the present classification, B, Business, to a PUD-C & R zoning classification. We do not consider such an action at this time to be in the best interests of either. the City of Clearwater or USS Realty Development Division. . The concept. of Planned Unit Developments is relatively new . in the. planning of our communities. We have applied its principle in many of our current projects; however, such rezoning of only a, portion of Sand ICey is not timely when the very preliminary status of project planning is recognized. The~need4--for recreation--~oriented• ~acz~lz~tos~such-°ras-beaches:~=conven~ton~~cente~rs--°~marn~as•; etc:--°°can~ .aaot~be~de te<rmineda=-w~i thout~con~ple tenv-r-onmen-ta•1 ~•and-market-~--s-tud e~sy: As of this date, such studies have not been~consununated. Also, resolution of our Belleair proposals is .not yet complete. Further, the-•s~ate~-hydro~graplrYeudy= has=identa-fied~~a~W-major-~-prob~lem-~-3n~--beach •e~r~osiornKand~-Pass~brdge-rfoundations~. -~Th3s~is~a~~problem-~of-.~mutualf--~ ooncern.~-a=ff~e ct i ng~not-~onlyJ3th e~Pa s s°°°br-d ge °and~°~-S an d ~--Ke y ,M-~bu t~ Gleai.wa.ter.~.~~ach~was .wel~~nd.~wla.:a.~r:equire~ur inutual~and-°eooperat~2ve erts~:.to°resol_Ve,..~.i..t:~., A six-month model study is proposed by state representatives. ~W~-have~beerr~=adv s e d~"th-at~the~ity~~°want~~ks~'~~Yf"`f r sn~a-~e , .or~Sand~•Key'°~for~genera°1^~pub~2-c~us~. 17r"~our°°p3anning- we--w-~.l~endeavc~r ~.o-~•provide~~"suc~r'~publc~•fa-ci~i.ties subject~to..-such.-rreasonable~rules, r.~gulations„~and ..;contral~.thereaf as~may--rbe~approprrate-:- The extent and location of such facilities will depend upon many factors that . must be studied before they can be resolved. For many years this property has been open and available for use by members o~ the public without restriction. This use continues at present and will continue until plans are submitted to the city as contemplated in this letter. • ~~~~~~ ~~~~~®~~~t Division of United States Steel Corporation b2b William Penn Place, Pittsburgh, Pa.16230 ~/f - I I ~ . ,. '• r. .~~ City of Clearwater May 13, 1970 Page No. 2 ` • • ass Realty De~e~~~ment Division of United States Steel Corporatian We understand the desire. of the city to assure proper development of o~ir Sand Key property. In this objective, our goals are quite ,compatible. We respectfully ask that -the City of Clear- water defer action on the rezoning of Sand Key indefinitely. In the interim-we will proceed. diligently tp undertake and complete the necessary studies that will enable us to consult with your appropriate officials~,in...the development of a conceptual master plan for the total property, or 'reasonable portions thereof. ~We- .a-ss-ure-:you,...~hat_n_o cons_t~.ucti.on--w-i~ia.-t-commence-pr:or~-to-your---approval ,so~f-Tsuch-.-plans-,-_~prou.idedf~on•1~,,~th.a~ta--the.~~apprava~l,~-of --the-~aty-MwoulcY ?row•be~unreasonab~ly--~w~ithhe~ld: It is our hope that this commitment on•~our part will satisfy any concern that you may have regarding the development of Sand Key. We have- received your request that action be taken to set aside the site for a sanitary••sewer plant on Sand Key. We are requesting our consulting engineers to confer with your engineers for this purpose. Please be advised that ~~.~s~urances....,c©nta~.•ned-~•n--th•s=.-. 1•~~te~.~ar.e.:..bas.ed-~..uponap re send-~c ircums t.ance s-;~and~..would--te-rmi na to -ira;-~the~everrh~~"`t3~~"~if~~'ttemp ts-~-to~a cq a re~°-anyw•~o f°~the-~corpora-~- -t-~:~on'proper--ty-~by~any~-legal-means ;~r°~n~~the4~event--.~he~--c~..ty-.~... ~~oiies-~any~porton~o£.~.said~pr-oper-ty~,~ or~•3n~-th•e~-event~t~~~t-~#:-hs-- .~pr-eser~t....t o1.1:..or-~-the-n~ass~~•sd~e-°s~h-ou3:ds-be~~iicrea-s~e d . We are writing you this Tetter.in an attempt to cooperate in every reasonable way that we can. for the mutual benefit of our development and the city, and we solicit your cooperation for the same ends. - Very truly yours,. • ~` •~ ~~~~- j J. R. Dembeck; President •USS Realty Development Division • of United States Steel Corporation ,; Lam' --~ ff ~ FOP Chapter 26 ZONING ~` ` RECFIVFp 1 ocr 27- C)TY c~.,~,~ Art. I. Zoning Ordinance, §§ 26-1-26-29 Art. II. Authority and Administration; Ordinance Ratified, §§ 26-30- 26-33 ~, Article I. ~cning ordinance Sec. 26-1. Citing chapter. V- - _ This ordinance- shall be known and cited as "The Zoning Ordinance" of the. City of Clearwater, I'lorida. (Ord. INTO. 627 5 1, 12-9-52 Sec. 26-1A. Sign restrictions included by reference. Except where noted by definition or by special exception requirement in the board of adjustment and appeal on zoning .section 26-77, all sign restrictions are included by reference to the "Sign Ordinance" of the City of Clearwater, as amend- ed. (Ord. No. 1098, ~ 2, I1-7-66) Amendment note-Ord. No. 1098, § 2, amended Ch. 26 to add § 26-1A: Sec. 26-2. Definitions. For the purpose of this ordinance certain terms and words are hereby defined as follows (1) [General:) Words used in the present tense include the future; words in the singular number include the 'Editor's note-As originally codified, Chapter 26 contained olily the basic zoning ordinance with arnendlnents worked ir_to place and super- seded material deleted. Code section numbers were substituted for the ordinance section numbers and words were added in bracets for clarity. The arrangement of sections Ryas not changed. An unnumbered section added by Ord. \'o. 642 ~ti•as assigned the number 26-19. The adoption of Ordinance No. 980, (pursuant to 1963 amendments to sections 7 and 9 of the charter), which did not amend this Code, necessitated the division of Chapter 26 into t~vo articles. The basic zoning ordinance is now codified as Art. I and said Ord. IVo. 980 is codified as Art. II. As a result, references in brackets in Art. I to [chapter] are now obsolete' and will be deleted as it becomes necessary to reprint pages to in- corporate subsequent amendments. Charter references-City plats, § 99; planning and zoning, ~ 79. Cross reference-For zoning regulations for the sale and dispensing of alcoholic beverages, see § 4-18 et seq. State la~v reference-See Fla. Stat., Ch. 176. Sup. No. 19 599 ~~ ~i 4: • ,. . § 26-2 CLEARWATER CODE § 26-2 plural and words in the plural number include the singular; the word "building" includes the word "structure"; the word "other" shall not be limited to things of similar character; the word "lot" includes ' the word "plot"; the words "use" and "occupy" in- elude the tivords "designed or intended to be occupied"; and the word "shall" is mandatory and not directory. (2) ' Accessory building: A subordinate building or portion of main building, the use of which is incidental to that of .the main building. (3) AccessorJ uses: Uses customarily incident to the prin- cipal use of a building or plot as permitted or re- stricted by the principal use. (4} Alley: A way designated to public use other than a street or place. (5) Apartment house: A building which is used- or in- tended to be used as a home or residence for more than two families living in separate apartments. {6) Boardinghouse: A building- n±hQ~, ±r,:rn .ic,;;t`~ ~cvllei~a mews and lodging are provided, .for compensation and for a total of 5 to 19 boarders. {7) Building: A structure having a roof supported by columns or walls. (7a) Court: Means an open, uncovered, unoccupied space on the same lot with a building. (a) Outer Court:. Means a court other than a yard having at least one side thereof opening onto a street, alley or yard or other permanent open space. (b) Inner Court: 1Vleans any court other than an outer court or yard. (7b) Dormitory: A lodging house or rooming house for- 20 or more students which may or may not provide dining room for occupants. , (8) Dwelling, one family: A detached building designed. for or occupied exclusively by one family. . {9) Dwelling, two families: A detached or semi-attached building designed for or occupied exclusively by two families, commonly. called a "duplex". Supp. No. 19 - 6~0 ~ ,- _~~;>. t 1r1, , ~'~ \. 4 ~V § 26'2 ZONING • § 26-2 (10) Dwelli~ay, ~n~!.ltiPle: A building or portion thereof used or designed as a residence for three or more families, or households Living independently of each other. (a) Tow7alaouse structure: Amulti-family structure constructed in such manner so that it will be sepa- • rated into individual single family units located each on its own plot of land with individual title to each separate plot of land and the structure built thereon and appurtenant thereto. This type of structure contemplates a possible common par- . tition wall between units but with each unit having its own separate public access with its own moans of ingress and egress for pedestrian and vehicular traffic and utility services. (b~ ~°gwhho~,cse structure-Si.te development plan: A scaled drawing from accurate survey indicating structural location, public right-of-way dedication, access and easements serving each unit of the tBwnhouse structure, areas to be paved, driveway usage, individual offstreet parking, utility service areas, fences and sidewalks, location of entrances ~n individual units, general existing and proposed ~•ainage pattern on proposed site. dc} ~'arvnJcouse subdivision p~la7a: A plat fora town- house structure prepared for recording purposes in accordance with Subdivision Regulations (Ordi- Hance No. 632, as amended) [Chapter 20 of this Code] . (~1) E7nerye~ne~ shelter: A structure or portion of a struc- ture, above or below the ground, so constructed as to provide emergency shelter from the hazards of storm or destructive forces of enemy attack. (12) Family: One or more persons occupying a premises, living as a single housekeeping unit and doing their cooking on the premises. (~L2a) Floor area rafio: The total floor area of the building or buildings on a lot, divided by the area of the lot. The total floor area for this purpose is the total horizontal area of the several floors of all buildings on the lot, but Supp. No. 25 sQl .~.. • I R' i 3 ,~ CLEAgWATER CODE ~ 2F.-2 _26-2 shall not include exterior unenclosed private terraces, balconies, breezeways or porches, or covered or enclosed parking areas. (13) Front of lot: The front of any lot help at of the sub- . said lot designated as the front, by division in which said lot lies, or in the absence of posi- tive designation by said .plat, the front of any lot shall be the narrowest side which faces a street, unless by customary use and occupation in the area in which said lot is located, aside- other than the narrowest side facing a street is clearly indicated to be-the front of said lot. (14) Garage apart~rient: An accessory building with stor- age capacity for not more t'nan four self-propelled ve- hicles and "trailers" attachable thereto, the second floor or other portion of the building being designed as a residence for not more than one family. (15) Garage, private: A building used for the storage of self-propelled vehicles and "trailers" attachable there- . _; to, in which building uo business, servio or .it~zlustr'y~_ connected directly or iildirecily with motor vehicles is " ~- = - carried on. (16) Garage, pecF~lic: Any premises except those described as a private garage, used for the storage or care of self- propelled vehicles and "trailers" attachable thereto or where any such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale. (Y7) „Garage, storage : Any premises except those .described as a private or public garage used exclusively for the storage of self-propelled vehicles and "trailers" attach- able thereto. ~ - (17a) Crac~e: ~'Vith reference to determining a building height means the average of the average grades of the land adjacent to all exterior structural walls of said building. (17b) Heiyht: As applied to a building, means the vertical distance from the building grade to the highest fin- . fished roof surface in the case of a building with a flat SaPP• Nu. 25 G02 ~. I r Yrl. ~:~ ,~ • . §26-2 ZONING -- § 26-2 roof, or the vertical distance from the building grade to a point at the average height of the roof or a build- ing having a pitched roof. (18) Honae occupation: Any customary occupation inciden- tal to residential use, when carried on. by a member of the immediate family, residing on the premises, in con- . nection with which there is used no sign other than a ' name plate not more than 150 square inches in area, or no display that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling; there is no commodity sold.. upon. the premises; no person is employed other than a member of the immediate family residing on the premises; and no mechanical equipment is used except of a type that is similar in character to that normally used for purely domestic or household purposes. (I9) Hotel: A building ordinarily occupied as the temporary abode of individuals who are lodged with or without meals, and in which there are twenty or more sleeping rooms, usually occupied singly, and no provision is made for cooking in any individual room or apartment. (19a) Ju~alc a~ad/or salvage bards: Any parcel of land or building for which the principal or accessory use is the abandonment, collection, demolition, dismantling, keeping, storing, baling, salvaging or sale of used, dis- carded, worn-out or scrapped machinery, parts of machinery, vehicles, vehicle parts, scrap metal, chains, used pipes, waste paper, rags, enamelware, furniture, bottles, cans, rope, iron, copper or other scrap ar dis- carded materials. (20) Lodging house or rooming house: An establishment (other than a hotel, motel, apartment house or duplex) where lodging is provided for compensation ; on a weekly or longer basis; other than in dwelling units; for from 6 to 19 persons. For lodging with meals, see Boardinghouse. For lodging for 20 or more, see Dormitory or Hotel. (21) Lot: A parcel of land occupied or to be occupied by a building and its accessory buildings, together with such Supp. No. 31 • 602.1 i .r -~. :; ~. § 26-2 CLEAftwATEI2 CODE. § 26-l open spaces as are required under this ordinance, and having .its principal frontage upon a street or offi- cially approved place. One or more lots or a lot(s) and. a contiguous portion of a lot under one ownership shall be considered as one building lot; in such case • the outside line may be considered as one lot line. (21a) Lot coverage: The area of the lot, which when viewed directly from above, would be covered by all principal and accessory buildings and structures. Any portion of a principal or accessory building, or any terrace, bal- cony, breezeway, porch, or portions thereof, not includ- ed as floor area of a building, by definition, shall not be. included in computing lot coverage. (22) Mobile hoyne: A vehicular portable structure assembled at the factory as a complete living unit on a chassis and designed to- be used without a permanent founda- tion as a dwelling when connected to indicate utilities. (23) ~~lodel home: A model home is a residence structure, occupied' or unoccupied, regardles9 of location or own- ership, used by any person, firm or corporation as a model, plan or example for the construction of or the sale of the same or similar building at any other to-• cation. (24) Nlotel: A building ordinarily occupied as th.e temporary abode of individuals or families who are lodged with or without meals and in which there are more than two separate sleeping rooms or apartments, and which building may or may not make provisions for cooking in any individual room or apartment. (24a) 1~lotel unit: A motel unit shall consist of living ac- commodations for rental within a structure recognized as a motel in the community and by the industry. Such rental unit may or may not have kitchen facilities. (25) Nonconforming use: A building or land occupied by~a ' use that does not conform with the regulations of the use district in which it is situated. (26) Notice: Where notice is required by this ordinance to be given, it may be given actually or by deposit of written notice in the mail to the last known address Supp. No. 31 ~- 602.2 ~~ ~ ~~, } ~ - . • ~ 262 ZONING § 26-2 of the person required tQ be notified, or by advertising in any daily new~pap~r regularly published in the City of Clearwater fou o (2.) consecutive publication days. (2?) Person: Shall in~cl:~de corporate and other legal enti- ties, their officer, representatives and agents. (28) Place: An open u~:occngi~d space of "not less than thirty (30) feet wide, p~s3eran;e~l~ reserved for purposes of . access to abutting ~m~ (28a) Planned unit devzz~rcr~n,~~~a,~t ~PU~~, A special desig- nated area requiiiii ~,. ~,~a~-~ ester plan before development in tofar~ ~us~/~ i~ p~ thereof. (29) Prefabricated strurn~.: _~ ~~.~ of prefabricated - construction, asset iii ~ the site, is not reg- istered as a mobilte l ?~ a:ssessed and taxed totally as real proms (30) Stork: That portiom ~' a~. F~;ildn~~ ii~t~zded between the surface of any floaxr a~ ~ s~,~: of the floor neg.-t " above it, or if therms 13~- n~ fI'oar ;~ it, then the space ( between such floor ~d t ce~u~~ above it. (31) Storp-half : A stor~v ~, gs;; , or gambrel roof, the wall plates of ~ ;~ aib ~. $v,a opposite ex- terior walls are ncr#t ~~ ~~) feet above the floor of such storx: (32) Street: A perman~r, ~g},~ ~,y o~ oroughfare not less than thirty (31~:)` ~. (33) Structure: Anythin,~ ~~x~strueted oar erected, the use of which ordinari'•~ re~,~ufres pern~anent location on the ground or attachES~ tcs somethnng having a permanent location on the gr~aun-d. (a) Townhouse st~~-~s~tsure; See section 26-2 (ZO) (a) . (33a) Travel park: See :a:~on ~S-~1D. (33b) Usable open space: 'mat. ~rart of the total lot area de- voted to outdoor Hiving, recreation, or utility space, but does not include p~ii~ate roadways, or off-street parlc- ing area, or loading space; or. submerged lands. (34) Yard: An open space on the. same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided in this ordinance. Supp. No. 31 603 -s • ,, • • • ' 6 § 26-3 CLEARWATER CODE § 26-2 (35) Yard, front: The minimu a front 1 ne of the building tvveen thero ectiolnnthereofhexcluding steps and itnen- or . any p J - closed porches. an accessory (3g) yard, rear: A yar-d, unoccupied except by building as hereinafter wee lthe rear line of the builde full width of the lot be ing and the rear lot line. (37) Yard, side: A yard, between the building and the side line of the lot and exten27 ~ § 2 A~h2-$ r 12-9 52 t 0 hd. rear yard. (Ord. No. 6 , 2, 11-21-61; Ord. No. 642, § .1, 8-17-53 ; Ord. No. 912, § 3-6~ 4_6-64 ; No. 952, § 3, 11-19-62; Ord. No. 1007, §§ 2, 3, ° 2, 12-6-65; Ord. No. 1036, §§ Ord. No. 1072, § 3, 11-7-66 ; Ord. No. 1119, 4-18-66 ; Ord. No. 1098, § 1, 7-7-69 ;Ord. No..1279, 2, 10-2-67 ; Ord. No. 1150, § § 2, g-8-70) 2, amended Ord. No. 627, § 2-A, Amendment note-Ord. No. 912, § from which § 2G-2 was derived, to add the definition of "home occupa- tion" and to adedthe26-2-- to add. theodef nit ones codified"as subsections 952, § 3, amend § renumbering all dEfmitions t i ~ef {2 )such;-., (11)~ (22), (23) and (29). 3--G amendeds `t (.w )., (• additions. Ord: No. 10 27,am§ended § 26-2'to add the•=definition or ".a ~~13 (33). Ord. No. 1072, § Ord. No. 1086, §§ 26-2(5a) which defined "apartment 26i2 went unit, motel" sdeletingn$ subsection (5a ' 3, amended § amended. § 26-2 by ~ Ord. No. 1098, § 26-2 motel" and by adding § 26-~(2Aa)' Ord. No. 1119, § 2, amended § and (33a). and amending subsections (6). to add subsections (28a) and (7b) 1?a) (17b), by adding subsections (7a) 1, added subsectio 26 2 by adding sub- (lg) and (20)• OrdONdo•No50'279, § 2, amended § (21a} and (33b). section (19a) thereto. Sec. 26-3. Use districts classified, adoption of map. rioting For the purpose of classifying, regulating, and re and the the location of trades, industries, and other uses, location of buildings erected or structurally altered for speci- fied uses, the City of Clearwater is hereby divided into dis- tricts, which shall be known as (g,_1) RESIDENCE DISTRICTS. classifications ar hereby estab- The following single family lished : R-lA, R-1B, R-1C, R-1D and R-lE. Supp. No. 31 604 - r ~- `~ ' ~~ s 1 ~`. ~ • ~ .~ ~ ~ § 26-3 ZONING § 26-3 Requirements for these single family classifications are as indicated in section 26-21. These classifications maybe re- quested for property to be annexed, or initiated on property within the city limits as of December 19, 1981, through request of owner, and may be approved through due process . established by law. Supp. No. 31 • 605 c•, :. . • § 26-5 " ZONING C~ § 26-3 (AG) AGRICULTURE DISTRICT (R-2) DUPLEX RESIDENCE DISTRICT (R-3A) MULTIPLE DWELLING (R-3B) MULTIPLE DWELLING (R-3C) MULTIPLE DWELLING All present R-3 (LD) Use District classified zoned properties are hereby reclassified and zoned as . R-3C. (R-4A) MOTEL AND APARTMENT (R-4B) MEDIUPd DENSITY MULTIPLE DWELLING (R-4C) HIGH DENSITY DZiTLTIPLE DWELLING (R-4D) MULTIPLE DWELLING, HOTEL, MOTEL, _ _ _ APARTMENT HOUSE All present R-4 Use District classified zoned prop- erties are hereby reclassified and zoned as R-4D. (R-M) SAME AS R-4 PLUS LIMITED BUSINESS DIS- TRICT (MH) MOBILE HOME PARK DISTRICT • (PRS) PROFESSIONAL AND RELATED SERVICES DISTRICT (SC-A) SHOPPING CENTER-NEIGHBORHOOD (SC-B) SHOPPING CENTER-COMMUNITY (PKB) PARKWAY BUSINESS (B) BUSINESS (HB) HEAVY BUSINESS (M) MANUFACTURING DISTRICT (PUD-R) PLANNED UNIT DEVELOPMENT-RESIDEN- TiAL (PUD-CI) PLANNED UNIT DEVELOPMENT-COMMER- CIAL, INDUSTRIAL OR COI~FBII~TATION (I-SP) INSTITUTIONAL-SEMI-PUBLIC DISTRICT (P) PUBLIC DISTRICT, PARKS, E'TC. (AP) AQUATIC PARK DISTRICT Which said districts, together with their boundaries, are shown in full upon a certain mag marked, "The Zoning DZap of the City of Clearwater, Florida of 1970," signed by the city clerk and the city manager and. ;countersigned by the mayor- commissioner of said city, and eansisting of a title page and summary page designated as Sheet 2 and additional separate Sapp. No. 29 sos.~ a § 26-3 i- S ` 1 • CLEARWATER CODE § 26-3A sheets each covering a portion of the city as indicated therein, said map aforesaid accompanies. and is hereby adopted as the official zoning map of the City of Clearwater, °Florida, and by reference thereto is hereby made a part of-this ordinance. No premise or building shall be used or occupied, neither shall any building be erected, altered, or, extended for use or occupancy- for any other use or purpose than that permitted in the district in which such- building or premises is located. (Ord. No. 627, § 3, 12=9-52 ; Ord. No. 642, . § 2, 8-17-53 ; Ord. No. 753, § 2, 11-25-57 ; Ord. No. 912, § 3, 11-21-61; Ord. No. 952, §§ 2, 4, 11-19-62; Ord. No. 1007, § 7, 4-6-64; Ord. No. 1078, § 2, 2-7-66 ; Ord. No. 1098, § 4, 11-7-66 ; Ord. No. 1104, § 2, 1-16-67 ; Ord. No. 1119, § 3, 10-2-67 ; Ord. No. 1154, § 2, 4-1-68 ; Ord. No. 1189, § 2, 1-20-69 ; Ord. No. 1150, § 2, 7-7-69 ; Ord. No, 1246, § 2, 1-19-70 ; Ord. No. 1250, § 2, 3-16-70 ; Ord. No. 1267, § 2, 5-18-70) . Amendment note-Ord: No. 1078, $ 2, readopted the zoning map as amended and redesignated it as the zoning map of 1966. -Ord. No. 1098, 4, amended $ 26-3 to add the (R-3) and the (PUD-L!) Distri; ~: Ord. No. 1104, § 1, readopted the zoning map as amended and designated it as the zoning map of 1967...O.rd. No. 119, § 5, sine{lui.~l .~ %0-3, List. of use districts other than single-family classifications by adding the following districts: (AG) and {PUD-R). Ord. No. 1154, § 2, readopted the zoning map as amended and designated it as the zoning map of 1968. Ord. No. 1189, § 2, readopted the zoning map and designated it as the zoning map of 1969. Ord. No. 1150, § 2, adopted the zoning classifica- tions as currently set out. Ord. No. 1246, § 2 readopted the zoning map as amended and designated it as the zoning map of 1970. Ord. No. 1250, $ 2, amended the listing of use districts, other than single family classification, by reclassifying (R-3) (LD) districts as (R-3A) (LD), (R-3B) (LD) and (R-3C) (LD) and by adding the (I-SP) district. Ord. No. 1267, § 2, reclassified (R-3A) (LD), (R-3B) (LD), (R-3C) (LD), (R-4B) (MD) and (R-4C) (HD) districts as (R-3A), (R-3B), (R-3C), (R-4B) and (R-4C) districts. Sec. 26-3A. Use regulations, "AG" agriculture district. This district comprises lands which are predominantly rural. Lands in the Agriculture District are devoted to the agricultural uses or are undeveloped. Regulations in these districts provide minimum restrictions for uses and are in- tended .to primarily protect the nearby residential uses from Snpp. No. 29 606.2 - ,,: s - ~1 ~~ ~~ r~ 1 ~ ~ • 1 ` § 26-3A ZONING § 26-3A objectionable effects of certain agricultural operations such as livestock raising, storage of fertilizer, sawmills and other similar operations. - (1) Permitted uses: ~'Vithin Agriculture District only the following uses shall be permitted (a) Single and t~vo-family (duplex) dwellings with their customary accessory uses when complying with lot and buildings regulations. (Section 26-11 (7) ) (b) Cattle grazing, general farming, poultry raising, citrus cultivation and forestry. (c) Home occupation as defined. (d) Nurseries, greenhouses and truck farming. (e) Sale of produce and livestock which is raised on the premise, providing such sale is conducted - either in the open or in a temporary structure and further provided that the point of such sale is set back in accordance to Section 26-11(7) . - (f) Riding stables when located on a tract of land of a minimum of ten (10) acres, provided, however, that no structure, pen or corral housing animals shall be closer than one hundred and fifty feet (150') from any property line. (g) Schools. (h) Clubs, public and private, including, but not limit- ed to, country and golf clubs, fishing clubs. (i) Public utilities structures. (j) New cemeteries, provided graves are over .fifty feet (a"0') from an abutting lot or parcel and pro- viding that momaments or structures which are over six inches (G") above grade are over two hundred feet (200') from an abutting lot or parcel. (k) Mausoleum, when an intergral part of a ceme- tery and meets the standards set forth above. (2) Special exceptions: (Permissible through board of adjustment aatd appeal on zoning approval) (See Sec- tion 26-17) (a) Private utilities. Snpp. No. ?S 606.3 - ~~ D • ~ ~'• -- ~ ~ ~ ,, § 26=3A CLEARWATER CODE § 26-4 (b) Barracks for migratory agricultural workers. (c) Parks, nonprofit: (d) Marinas, which provide boat launching, docking, wet or dry storage of boats, sale of gas and oil and accessory marine supplies only. (e) Recreational center, nonprofit. . (f) Golf courses, .provided- the club house and other structures are located over one hundred and fifty feet, (150') from an abutting. lot or parcel. (g) Airports.. (h) Navigation safety devices and structures. (i) Land fills and excavations: (j) Radio and television transmitting stations. (k) Hospitals, clinics, restoriums, county and govern- ment buildings. Buildings within this class would require site plan to be .apgroveci, and recorded. (3) Lot and building requirements-See Schedule section 26-11(7) . (4) Off-street parking-See section 26-11A. (Ord. No. 1119, § 4, 10-2-67; Ord. No. 1250, § 3, 3-16-74) . Amendment note-Ord. No. 1119, ~ 4, amended this Code by adding § 26-3A. Ord. No. 1250, § 3, amended ~ 26-3A{1) by deleting churches as a permitted use. Sec. 26-4. Use regulations, "R-1" districts. _ In the "R-1" Residence Districts no premises or building shall be used or occupied and no building shall be hereafter erected or structurally altered, unless otherwise provided in this ordinance, except, for one or more of the following uses : ' (1) One family dwellings. (2) Accessory buildings. Front setback for detached acces- sort' buildings in R-1 and R-2 Districts shall be fifteen • (15) feet greater than that required by the principal use. Side and rear setbacks shall be the .same as for the principal use. In the case of attached shelter for parked vehicles the setback shall be the same as for the principal use. _ - Supp. No. 28 606.4 c•:, _, • § 26-4 ~(JR'ING § 26-5 (3) Model home:. ~: s~i~on 26-17(5) (a) (9) and (10). (4) In addition to the ab~,~ze, the R-lA zone shall be desi.g- nated as a rural estat'~ classification and as such shall permit only the following: (a) One family residences and the cust=omary acces- sory uses; (b) Maintain two (2) horses for occupant's use or need only on one (I) acre >~alni.mum ; and (c) Model homes. (5) In R-lE and R-1D zones noncarnmercial off-street parking lots (not operated_as a separate business) or spaces on vacant lots or portions thereof for parking passenger motor vehicles may be permitted if approved by the board of adjustment and appeal as a special ex- ception. See section 26-17 (5) (a) (16). (Ord. No. 627, § 4, 12-9-62; Ord. No. 952, §§ 5, 18, II-19-62; Ord. No. 1007, ~ 8, 4-6-64; Ord. l~TO. 1279, § 3, 9-8-?0) Amendment note-Sec. 26-4(2), derived from Ord. Iv'o. 627, ~ 4, and permitting accessory buildings subject to certain restrictions as to loca- bons, was amended to read as set out by Ord. No. 952, & 5, ratified by the electorate Dec. 18, 1962. Sec. 18 of said ordinance added subsection ' (3) thereto. Ord. Nc. 1007, § 8 amended (3) to add "see Sec. 26-17(5) (a) (9j and (10)." Ord. No. 1279,. § 3, amended § 26-4 by adding sub- - sections (4) and (5) thereto. Sec. 26-5. Use regulations, "R-2" districts. In the "R-2" Duplex Residence District no premises or building shall be used or occupied and no bzailding shall be hereafter erected or structurally altered unle$s otherwise pro- vided in .this ordinance except for one or snore of the fol- lowing uses (1) Any use permitted in an "R-1" Residence District. (2) Two-family dwellings, commonly called a "duplex". (3) Model homes. See section 26-1_'~ (5) (a) (9) and (10. (4) Noncommercial off-street park3l*a lots (not operated as a separate business) or spaces on vacant lots or portions thereof for parking passenger motor vehicles may be permitted if appr~aved by the board of adjust- ment and appeal a$ ~. special exception. See section 26-17 {5) (a) (1~j:. (i~~~. No. 1098, § 6, 11,7-66; Ord. No. 1279, § 4„ 9~=3=70): Amendment note-Orrli.I~o. 109 § 6, amended ch. 26 to add § 26-5. Ord. No. 1279, § 4, amended. § 26-5i liy adding subsection (4) thereto. Supp. I`7o. 31 f~6;.5 • ~. ~~ § 26-5A Sec. 26-5A. Use regulations, "R-3(LD)" districts. Planned Unit Development--Residential (PUD-R) : See Section 26-8. All present R-3 (LD) Use Districts classified zoned proper- ties are hereby reclassified and zoned as R-3C (LD) and R-3C (LD) is hereby substituted for all references in this chapter to R-3 (LD) existing prior to' the date of the final passage of this section. There is hereby created further classifications to be designated as R-3A (LD) and R-3B (LD) in accordance with schedule of lot. and building regulations for R-3 (LD) Use Districts. In all- R-3 (LD) Low Density Multiple Dwelling Districts no .premises or. buildings shall be used or occupied and no build- ing- shall be hereafter erected or structurally altered, unless otherwise provided in this ordinance, except for one or more of the following uses: (1) Permitted uses: (a) Any use permitted in an "R-1" Residence District. (See section 26-11(8)) . (b) Two-family dwellings, commonly called a "du- plex". (See section 26-11(8)). (c) Triplex multiple dwellings, apartment houses. _ Townhouse is permitted in accordance to maxiY mum net density of the R-3 zone in which it is located. (Boardinghouses, lodging houses only as special exceptions. See section 26-17.) (d) Public schools, public libraries, museums, institu- tions of nonprofit educational or philanthropic nature ; private club as an integral part of multi- unit development service. (e) Parks, playgrounds and areas used for community recreational purpose (noncommercial) . (f) Marina facility, Type A noncommercial, limited to pleasure craft docking for guests and/or tenants of multi-unit development. (g) Accessory recreational buildings when integrated part of any R-3 development. . ,Stipp. No. 31 606.6 ". r t i ~ ~ ~ ~ ~ • S ` 1 • ~ ~ -f s a. •, , - § 26-5A ZONING § 26-5A \ (2) Special exce tio~ts p ,permissible through board of ad- - justment and appeal on zoning approval (See section ' (a) Dormitory, k~g~g ~raoming} house, boarding- house. (b) I~Toncommerc~ak a~ff=,~-~ parking lots (not o erated as a ~pa~t~ h~.ia~ess) or spaces on va- .. cant lots or po,~aa~ f f or parking passenger motor vehicles: may- 11~ bitted if approved by the board of ac}justt ~~p appeal as a special exception. (See sectf~~a ~~-f7 -(5) (a) (16) ). (3) For the purpose of clarifu~$ac~s th , e following uses are prohibited in any R-3 (L~") gisit~ct. '' :i (a) Hotel or motel. _ t (b) Tourist home_ - -(c) Hospitals, chuxches~, s~lss~ks other than public (including trade or e~ schools) , (d) Nursing or convale~~~1~ l~~mge. - (e) Public dining rcaorrr_ (f) Home occupatn~~ as ~eecl. .~ (g) Professional ~r reak ~~fe office . (4) Lot and building ~sp~r~enbents--See schedule 26-11 (7) Supplement fi F ~ , r - (LI?) ZtTse Districts. . (a) Triplex when b~'ci~ ~ an ~_g~ zone shall require 7500 square f~ ;~P lot area per structure and a minimum of 315 s ua~ q feet of floor are T' a xi th an . ~ average of 55G sf.Iuare feet of floor area per dwell- , ~ i ing unit. (5) Special building ~equire~aents-Courts. (a) Minimum dis~mee between wings of a structure or between st.rz~ctures (court yards) shall be not less than the T~eight of the abutting structures. In the case of varying height of buildings abutting said court yard, the distance shall be the average of the heights. (b) Projection in4o required courts. Open balconies , bay windows, uncovered porches and the like may project into required courts not to exceed ten per cent (10%) of required distance bettiveen struc- tural wings ~i between structures. - Supp. No. 31 606.? • ,, ~i § 26-5A CLEARWATER CODE § 26-5AA (6)~ Offstreet parking-See Section 26-11A 4 No. 627, § 5-A ; Ord. No, 798, ~ 2 ; Ord. )Noa)9120 ~ § 4, 5 ; Ord. No. 952, § ~ 6, 18 ; Ord. No. 1007, § § 9-12 ; Ord. No. 1098, § § 5, 7, 11-7-66 ; Ord. No. 1119, ~ 5, 10-2-67; Ord. No. 1250, ~ 4, 3-16-70; Ord. No. 1279, ~ 5, 9-8-70) Amendment note-Ord. No. 1250, § 4, amended § 26-5A b ing R-3(LD) Use. Districts. as R-3C(LD) and creating R- A LD) sa d R-3B(LD) as a further classification, by addin relative to accessory recreational buildings as .z lsp(ecia 1 ex ep on )and by deleting (3) (c) prohibiting townhouses. Ord: No. 1279, § 5, amended § 26-5A(1) by adding "Triples and that sentence pertaining to town- houses to subparagraph (c); by adding subparagraph (b) to subsection (2) and by adding subparagraph (a) to subsection (4). Sec. 26-SAA. Use regulations, "R-4" districts. In the R-4 Multiple Dwelling, Hotel,- Motel, Apartment House Districts no premises or building shall be used or occupied and no building shall be hereafter er_ecte__d or_;struc- turally altered, unless otherwise provided"in~~ this ordinance, except as follows: (A) USE REGULATIONS-"R-4A" MOTEL AND APART- MENT (1) Permitted uses; - (a) Multiple dwellings, apartment houses, boarding- houses, lodging houses, motels and hotels. (See Section 26-5AA (D) (g) (a) ) (b) Accessory buildings, including recreational build- ings and/or community meeting buildings de- signed as integral part of multi-unit development service. (c) Schools (not including trade or business schools) ; hospitals, except hospitals or homes caring for mentally deranged persons or nervous disorders ; , private clubs, except those the chief activity of which is a service customarily carried on as a business; libraries; museums; institutions of an educational or philanthropic nature. (d) Parks, playgrounds, and areas used- for communi- ty purposes. (e) Home occupation as defined. Supp. No. 31 ' 606.8 ~ ~ ` 1~ . • ~ ~ , ,•. ~, - § 26-bAA ZONING § 26-5AA .. _ (f) A public ~c7i~nin:g room restaurant, provided the ~ same is lo~iated within the building operated as t a hotel, apartment house, lodging house or board- _ inghouse, ~nd~ provided further that no street, window, or~ex~eiicrr sign fcur displ~a;~ exceeding two (2) squarce f r•~ area t~ be u°sed to advertise same. . (g) Churches-Cr~nd~ti+a~aal u~, see sRCtion 26-8A. ', (2) Special excepticazu~b~ls~~` ~I~o board of ad- j ustment and ai~~1 ~ ~~~ aI~~ ar<al (See section _ 26-17) (a) Physician ou tcbe{;~"~.~offi-=--- (b} Convalescentt lhume. (c) Day nursei~yy mr ~v ~~I '' (d) Marina facilit+y,~ g~ ~ (gd'i~,e graft docking) , .- Type B (laumdi ~ ~'~e'; ~n~~mercial), and , Type C (prii~#e~')-• (e) Model apai~.tn~t. ~ ; (f) Noncommei:csiall ~£ ~~ ~:r'I~=.:~ ~~ts (nut opera- ted as a se~i~a>a~ ~~~ ea~• fees on vacant lots or pontiix~ ';~~~-eo~ ffar- ding passenger motor vehicil~ ~1z' be. >'lt ~ approved by the board cdf aclj~~3mer~ ~d :.~~tc~i as a special exception. ((section- 2~~ ~ c (a}; i(a} (16} ) (g) A single i~amily mr a tz-farrrl~ dwelling unit when buiiY, in: ~amgliaure to l~ and building ~ ~~ regulation~~ apps--icable to~ )Q-1E cr R-2 Districts, respectively: (3) Lot and buil~bia~ regaciremefiz~ts-See schedule 26-11 (7) Supplemental: S'e~edule. ' (4) Of f-street pa:7king--See section 26-11A (4) (a) . - (B) USE REGULA1zI0~FS-"R-4B (16FD)" MEDIUM DEN- SITY MULTI;DT.E: ~~'ELLING ~ I, (1) Permitted zcsRS:: • . (a) Multiple dwelling, apartment houses (See section i Supp. No. 32 sas.~ . ~, -, § 26-bAA CLEARwATER. CODE § . 26-5AA (b) Accessory buildings, including recreational build- ings and/or community meeting buildings de- signed as an integral part of multi-unit develop- ment service. (2) Special exceptions-permissible through board of ad- justment and appeal on zoning; approval (See section 26-17) . -• (a) Physician or doctor's office. (b) Convalescent home. (c) Day nursery or private school. (d) Marina facility Type A (pleasure craft docking). (e) Model apartment. (f) Dormitory, lodging (rooming) house, boarding- house. (g) Noncommercial off-street parking. lots (not op- erated as.a separate business) or spaces on vacant lots or portions thereof for parking passen~~r° motor vehicles may be permitted if approved by the board of adjustment and appeal as a special exception. (See section 26-17 (5) (a) (16)). (h) A single family or a t~vo-family dwelling unit when built in compliance to lot and building regu= lations applicable to R-1E or R-2 Districts, re- spectively. (3) Lot and building requirements-See schedule 26-11 (7) Supplemental. Schedule. (4) Off-street parking-See section 26-11A(4) (a). (C) US'E REGULATIONS-"R-4C (HD)" HIGH DENSITY MULTIPLE DWELLING (1) Permitted uses: (a) 1'Iultiple dwellings, apartment houses. (b) Accessory buildings, including recreational build- ings and/or community meeting buildings de- signed as an integral part of multi-unit develop- . ment service. (2) Special exceptions-permissible thrroval (See section justment and appeal on zoning app_ 26-17) Supp. No. 32 606.1a ,\ i • ~ • ~ • r § 26-SAA ~ ZONING - § 26-5AA (a) Marina facility> Type A (pleasure craft docking) . (b) Model apartments. (c) Noncommercial off-street parking" lots (not op- erated as a separate business) or spaces on vacant lots or portions thereof for parking passenger motor vehicles may be permitted if approved by the board of adjustment and appeal as a special exception. (See section 26-17 (5) (a) (16)). .. (d) A single family or atwo=family dii'elling unit when built in compliance to lot and building regu= lations applicable to R-1E or R-2 Districts, re- spectively, (3) Lot and buildi~~y requireme~i.ts-See schedule 26-11 (7) Supplemental Schedule. (4) Of f-street parkiny-See section 26-11A (4) (a) . (D) USE REGULATIONS-"R-4D" MULTIPLE DWELL- ING, HOTEL, MGTEL, APARTMENT HOUSE All present R-4 Use Districts classified zoned proper- ~ ties are hereby reclassified and zoned as P.-4D without any change in applicable requirements and R-4D is hereby sub- stituted for all references in this chapter to R-4 existing prior to July 7, 1969. _ Permitted Uses .in R-~.D, Multiple Dwelling, Hotel, ~tifotel, .Apartment House District: (1) Any use .permitted in an "R-1" Residence District. (2) Tivo-family dwellings, commonly called a "duplex". (3) Schools (not including trade or business schools) ; hospitals, except hospitals or homes caring for mentally deranged persons or nervous disorders ; private clubs, except those the chief activity of which is a service customarily carried on as a busi- ness ; libraries ; museums ; institutions of an edu- cational or philanthropic nature. (4) Multiple dwellings, apartment houses, boarding- houses, lodging houses, hotels and motels. Developers, owners or builders proposing Multiple Dwellings (Multi-Family Structures) . Supp. No. 32 607 t _, ~• ci t _; e .:~ • ~ • § 26-5AA CLEARWATER CODE § 26-5AA fitting the definition of a "townhouse" as set forth in section 26-2(10) (a) shall submit a proposed plat to the planning and- zoning board for process- ing in accordance with chapter 20 of the Code of Ordinances of the City of Clearwater, and in addi- • tion shall also submit a townhouse structure- site development plan in accordance with require- ments set out in section 26-Z1B, "Planned Unit Developments." Townhouses tivithin the scope of the. zoning.. ordinaxxce shall be classified as multi- family structures. Because of single family occu- pancy and ownership and special structural re- quirements, townhouses may be further restrict- ed by other code requirements. (,5) Parks, playgrounds, and areas used for communi- ty purposes. (6) Agricultural, farming, truck gardening, nurseries, and greenhouses. for propagating and cultivating plants only. (7) Home occupation as defined. (8) A public dining room or restaurant, provided the same is located within the buildings operated as a hotel, apartment house, lodging house or board- . inghouse, and provided further that no street, win- , dow, or exterior sign for display exceeding two (2) square feet in area be used to advertise same. (9) Accessory buildings and uses necessary to and customarily incidental to any of the uses per- mitted in "R-4D" and "R-i4I" zones when located on the same lot and not involving the conduct of a business other than customarily carried on in connection with uses permitted in "R-4D" and "R-NI" zones, including private and storage garage when located not less than forty (40) feet from the front lot lines nor less than twenty (20) feet from ariy other street line or five (5) feet from any and all lot lines, or a private garage construc- ted as a part of the main buildings. Supp: No. 32 ~- _ ~ " ~60~ . A ., r ,• ,, 1 • §~ 26-6AA ZON><NG § 26-5B (10) Churches-Conditional uses, see section 26-8A. Special exceptions-permissil7le through board of adjust- ment and appeal on zoning approval (See section 26-17) : (1) Marina facilities: Type B (launching ra~sap site, commercial) Type C (private m~~a) , May be permitted in ~ IP~4D District by the board of adjustment and appal on zoning as a special exception as set forth in sec~~n 26_17 (5) (a) (7) (2) Model home. See section 20-~.'7 (5) (a) (9} and (10). (3) Noncommercial off-street parl~ing lots (not op- erated as a separate business) ur spaces on vacant lots or portions thereof fmg parking passenger motor vehicles may be permitted if approved by the board of adjustment and appeal as a special exception. See section 26-17 (5) (a) (16). (Ord. No. 1098, § 8, 11-7-66 ; Ord. INTO. 1 I50, § 3, 7-7-69 ; • Ord. No. 1250, ~ 5 5, 6, 3-16-70 ; Ord. No. 1279, § 6, 9-8-70; Ord. Na. 1298, §§ 1, 2, 12-14-70) Amendment note-Section 26-5AA, added to: this Code by Ord. No. 1698, § 8, was amended, in toto, by Ord. No. >ib50, § 3. Ord. No. 1250, §§ 5 and 6, amended § 26-5AA (A) (1) and (.I~),g~) by deleting churches as a permitted use in R-4A and R-4D Disi~¢^~5. Ord. No. 1279, § 6, amended ~ 26-5AA by adding the phE~cy t+e•~mmning with "may" in (A) (2) (f)•; adding (A) (2) (g); adding uB) (2;~ f~; and (h) ; adding (C)(2)(c) and (d); inserting the date ~ ~eB crd `date of final passage of this ordinance"; de.e~ing former W~.aans. (L3) (9) (b) and (9) (c) pertaining to noncommercial off-stre~~, ~s~ing'; and adding subpara- graph (3) to "Snzcial e::ceptions" in (~i'. ~id• i\TO. 1298, §§ 1, 2, amended § 26-5AA by adding (A) (1) (g) and $~L3}J<(~~), Sec. 26-5B. Same-"R-DZ" distrie#~, [In "R-M" districts] no premis€ or buildings shall be used or occupied and no buildings slr~.Il be hereafter erected or structurally altered, unless otherwise provided in this ordi- nance, except for one or m©re of the following uses: (1) Any use permitted iin "R-1" distract. (2) Any use permitted i~ "R-2" and "R-4" districts. (a) Multiple Dwellings, declared as to occupancy- See Townhouse Development, Section 26-5AA (4) (a). Supp. No. 32 • 608.1 .~ i ' i ` J ~- ~ .~ 1 ( t , ~~~ § 26-5C § 26-5C _ ~ t ._ a Sec. 26-5C. Same-Mobile home park district. { In the (MH) Mobile Home Park District all premises and buildings except as otherc~ise provided in this Ordinance may be used for the following: (1) bTobile homes and accessory uses. (2) Laundry services available to residents of mobile home park but not to general public. (3) Travel parks as special exception by board of adjust- . ment and appeal on zoning (See section 26-11D and ~• section 2G-17). , The above uses are permitted after special permit has been ~ ~~ procured from the city commission, following a consideration and recommendation of the location and plan, either favorable , ~~ "~„_ ~, ;t i • ~ Supp. No. 32 $08.3 ,. i § 26-5C ZONING § 26-5C ~: or unfavorable by the city planning and zoning board accord- ing to compliance to the minimum requirements as set out herein. MOBILE HOME PARK REQUIItEMHNTS: (a~ Minimum total area for mobile home parks shall be ten (10) acres including one-half of adjacent right-of- way. Areas less than ten (10) acres may be classified as (MH) if under the same ownership and/or manage- ment and adjoin an existing ~~) zone. (b) Minimum frontage: 100 feet at the property line Maximum structural coverage : 40 %U Minimum area, interior lot : Average square footage : 3,50.0 square feet. variation allowed at 25%, thus range of 3,000 square feet to 4,000 square feet. Minimum area, corner lot: 3,500 square feet Maximum density : 8 units/acre Minimum width of lot: 20 feet abutting any interior roadway ~' (c) Minimum building line setbacks within the mobile `, home park: '(1) Front: No part of a structure shall be closer than 71/z feet from the right-of-way line of any interior roadway. .(2) Side and rear: 6 feet. (3) Minimum living area in structure: 425 square feet (exclusive of garages, car ports and open porches) (d) PIats for mobile home parks shall include right-of-way widths as follows (1) Minimum street right-o#-way and pavement width: a. Internal collector: 30 foot right-of-way, 24 foot pavement ' b. Internal minor: 25 foot right-of-way, 20 foot pavement c. Internal one wag : _ 20 foot right-of--way, 16 foot pavement (2) Roadways shall be constructed according to stand- ards adopted by the city commission and enforced by the city engim~r. Supp. No. 31 dif}8.5 { i ~` i :. • • r § 26-b6 ZONING . § 26-bC (3) Internal. collector street is defined as follows: a. A street designed to facilitate adequate flow from two (2) or more internal minor streets ; or. ' b. All streets with access to public dedicated - streets. (e) Parking requirements There shall be at least three (3) off-street parking spaces designed in the mobile home park for each two (2) mobile home units. Off-street parking may be provided in common parking areas or on individual mobile home lots. . Each common parking area shall be for four (4) or more units but shall not be spaced more than five hundred (500) -feet from the furthest unit to be served. Also, an off-street parking space shall be defined as consisting of a minimum net area of one hundred eighty (180) square feet of appropriate dimensions for parking an automobile, exclusive of access drives or aisles thereto. (f) Lighting requirements: Street lighting shall be installed and may be either overhead or low level, but must be reflected into the street and in accordance with standards established by the building official. •(g) Public address requirements: Public address systems shall not be permitted. (li) Plats for mobile home parks shall include a minimum . area reservation of 10% of the total area for com- munity recreation and service facilities. (i) Drainage, sanitary sewer, electrical wiring and speci- fications for foundation and fastening shall be re- viewed by the proper departments so as to determine conformance to proper city ordinances, Southern Standard Building Code, and Florida State Board of Health regulations. No building permit shall be issued prior to such written approval by said departments. In particular foundation and fastening shall conform as follows : . SnDD• No. 29 608.7 t i S ~ i _j~ • t S a .:, '.~'' ., e• D ~D I ,. ~' • .. ~ • § 2~bG CLEARwATER CODE § 26-bC Each mobile home shall be firmly fastened to the ground with no less than four (4) anchors of the screw auger type having a ~/a inch shaft, 6 inch in diameter and 4 feet long minimum, or the ar- • rowhead type, deadman type or equivalent, with a horizontal area of at least 28 square inches not less .than 38 inches below the surface of the ground. Each mobile home shall be placed on a foundation that shall consist of a series of concrete or metal blocks or piers on concrete pads with a bearing area of at least 144 square inches or equivalent: Such bearing pads shall be spaced not .less -than 10 feet apart along both sides of the mobile home. All electrical, utility, telephone, intercom call and other wiring shall be underground except where the utility company requires overhead primary distribu- tion on the perimeter of the mobile home park. (j) Access requirements: There shall beat least 400 feet between all access drives abutting publicly dedicated roadways. (k) Perimeter buffering and beautification of mobile home park requirements (1) iYlinimum building setbacks for front of mobile home park (a) On official designated right-of-way of less - than 100 feet; 25 feet. (b) On official designated right-of-way of 100 feet or greater: 40 feet. (c) Or greater if designated on the official zoning map. (2) Minimum mobile home (dwelling unit) setbacks for front of mobile homy park: (a) On official. designated right-of-way of 100 feet or less : 40 feet, except gulf to bay which ;hall be 200 feet from the centerline. (b) On official designated right-of-way of more than 100 feet: a distance equal to the right- of-way width as a setback from the centerline of the right-of-way. - Svpp. No. 29 sos.s • ~ ~. . .. .. ZONING § 26-bC ~ 26-5C _ . (c) Or greater if designated on the. official zoning map. ('3) Side and rear: 6 feet; or 15 feet of adjoining a , private right-of-way or any R-1 or R-2 or compar- anY R-4 or R-ll in i d ' g n jo able zone; or 10 feet if a or comparable zone. (4) In general, the periphery buffering requirements ~' - follows for a mobile home park: are as 15 feet depth along any Public or private street. a. b. 15 feet depth when abutting single family resi- . dential property. c. Otherwise, 6 feet depth aide or rear. e buffered strips shall be th i - .~ t es n - The area with landscaped and otherwise beautified and shall not . • _ be used for intensive recreation, mobile home sites, above ground utility sites or any other strut- ; tore. There shall be provided and maintained along ~ I the entire perimeter a continuous visual buffer ht of 6 feet, which shall be hei i ~ . ~ g mum ' with. a min ~ act foliage screening or shall be combined a comp ~ masonry or wooden fence and shrubbery screen R-2 and R 3 le Family d Sin ' , g between (1rIH) an zoned properties. Screening may be waived be- tween (MH) and other zoned properties by the .-,~.. planning and zoning board. No beautification shall be required when ; abutting another mobile home park. (1) A prefabricated structure may be erected in a {111H) park development provided that it m s d s let and lumbing and requirements of the building, p _ trical codes of the city. (m) Plats, upon approval by the city commission for a mobile home park district, shall be filed in the office , of the city bull kednon the grou d by c mar shall be spaces approved permanent markers. s of this section shall be i i on s (n) Comp~~ ~ the prov mobile home park developed after the f an d Y o requiire date of adoption of this section. SnpP. No. 29 6~9 ~~ t D 1 ;~ ~• a{ ~- . • § 26-5C CLEARWATER -CODE § 26-5D ' Property zoned prior to adoption of this section and in conformance with prior existing regulations shall be permitted to be developed, provided that site plans are submitted and approved within thirty (30) - ~ days after date of adoption of this section. Any addition to existing mobile home parks shall comply with the provisions of this section. (Ord. No. 9-12, § 12, 11-21-61; O_rd. No. J52, ~§ 7-9, 11-1~-62 ; Ord. No. 1007, § 14, 4=6-64 ; Ord. No. 1098, S 10, 11-7-66 ; Ord. No. 1.119, § 6, 10-2-67 ; Ord. No. 1226, § 2, 10-20-69 ; Ord. No. 1250, § 7, 3-16-70 ; Ord. No. 1267, § 3, 5-18-70) Amendment note-Ord.. No. 912, ~ 12, ratified Dec. 19, 1961, amended Ord. No. 627 to add a new § 5C codified as § 26-5C. Ord. No. 1226, § 2, amended § 26-5C by deleting reference. to parks in existence as of April 6, 1964, and effecting a total revision of that part of the section en- titled "mobile home park requirements" by substituting the provisions in (a)-(n) for former (a)-(i), previously derived from Ord. No. 952, §§ 7-9, enacted Nov. 19, 1962; Ord. No. 1007, § 14, enacted April 6, .1964; Ord. No. 1098, § 10, Nov. 7, 1966; and Ord. No. 1119, § 6, enacted Oct. 2, 1967. Due to the nature of the subject matter, a de- tailed analysis of each of the previous amendments is impractical. Ord. No: 1250, § 7 amended § 26=5C(e) by changing the minimum net area required for a parking space from 200 square feet to 180 feet. Ord. No. 1267, § 3, revised that portion of subsection (k) which sets out front- age requirements. Sec. 26-5D. Same-Professional and related services district. Permitted uses (1) I4Tzlti-family residential including hotel and motel. (a) Multiple Dwellings, declared as to occupancy-See Townhouse Development Section 26-5AA(4) (a). (2) Government services. (3) Professional services: Offices directly related to medical services. Legal offices. Architectural and engineering, drafting, clerical, ma- chine reproduction such as needed in above. Consultant services, research, tax. - (4) Business and commercial services (a) Banks; investment and finance, title and abstract, real estate and insurance, steno services, bonding, stockbroker. Supp. No. 29 , ~ ~ § 26-bD ZONING §'$6-bD ~j (b) Retail- within structure-Maximum of such usage to be limited to twenty-five per cent (25%) of the ground floor area or fifteen. per cent (15%) of a the total floor area, whichever is greater : t Stationery and office supply (business machine servicing). Drugs, books, newsstand. ' Snack bar and restaurant or cafeteria. Exceptions (Permissible through board of adjustment and appeal on zoning approval) Convalescent home. i• Day nursery. Hospitals (not to include sanitariums for mentally ill) . ; ; . Mortuary or funeral home. (See section 26-17 (5) (a) (12) ). ~ Iiotei and motel. Off-street parking: ~ Group 1. Multi-family residential: 1 space for each sepa- 'C _ rate unit as provided in section 26-11 (10). i Group 2> Government services. Professional services : 200 square feet of parking 3 . Group space for every 600 square feet of office. Group 4. Business and commercial services : As above for offices plus 204 square feet for every 200 square feet or retail sales area. ~ Any use requirement [for] groups 2, 3 and 4 may be met ~ as part of a permanent cooperative parking lot. Minimum area: 10,000 square feet. must be submitted to the l _ an If more than two (2) acres, p zoning and planning board for approval prior to zoning con- . sideration. Multi-family unit density requirements of the (R-4) area shall apply to acreage developed or areas platted after the effective date of this ordinance. - ' Setbacks: ; 10 feet on front. 5 feet on service side. .. ~ 5 feet on rear. 20 foot setback when fronting a residential zone. Supp. No. 32 610.1 ~ - c D ' ~' § 26-6D CLEARWATER CODE § 26-5E (5) Churches-Conditional uses, see section 26-8A. (Ord. No. 952, § 11, 21-19-62 ; Ord. No. 985, ~ 2, 10-7-63 ; Ord. No. 1007, ~ 15, 4-6-64; Ord. No. 1061, ~ 2, 8-I6-65; Ord. No. 1098, § 11, 11-7-66 ; Ord: No. 1250, y 8, 3-I6-70 ; Ord. Na. 1279, § 8, 9-8-70 ; Ord. No. 1298, ~ 4, 12-14-70 ) Amendment note-Ord. No. 952, ~ 11, ratified by the electorate Dec. 18, 1962 amended Ch. 26 to add § 26-5D. Ord. No. 985, § 2 amended said section to de'_ete existing sign regulation and add the last sentence above. Ord. No. 100'i, § 15, amended § 26-5D(1) to add (a). Ord. No. 1061, § 2, amended ~ 26-5D to add, under subparagraph (4) (b), the maximum area usage requirements• to delete previously codified subparagraph (4) (c), which listed permitted personal services within structure: barbershop, beauty parlor, and valet sere-ice; and to delete certain uses listed under subsection (5). Formerly said subsection (5) read "Institutional and educational: private schools, churches, prirate clubs, charitable insti- tutior_s." Ord. No. 1098, ~ 11, amended § 26-5D to add "mortuary .or fu- neral home" to the list of exceptions, and to delete a paragraph which had pertained to the regulation of signs. Ord. No. 1250, § 8, deleted subsection (5) relating to church buildings as a permitted use. Ord. No. 12x9, § 8 added "Hotels-and motels" to the list of exceptions. Ord. No, 1298, § 4, added a new subsection (5). Sec. 26-5E. Same-,shopping center district. Zone {S'C) types "A" and "B" are floating zones: Area set off by boundaries wherein there is a recognized need for a neighborhood, community or regional shopping center but no specific site is zoned (SC "A" or "B") until a zoning ap- plication has been approved upon proper processing based ~on justification of need. Any area greater than three (3) acres may be considered for shopping center zoning, provided such plans are submit- ted to the zoning and planning board for their approval. The following minimum requirements will be met by the applicant: (1) Plan to scale showing site layout of tract. Building set- back lines to be 40 foot front and 20 foot side and rear. {2) All dedicated right-of-way and easements indicated on site plan. (3) Surface drainage and .utility plans to be approved by the office of the city engineer. (4) Off-street parking space to meet requirements of uses proposed. Supp. No. 32 s1o.2 ~ - ' ~ ~ ~ ~ • ~• ~, - § 26-SE ZONING § 26-6E (5) Adequate screening to be erected or planted on all sides adjacent •to higher restricted zoning. Shopping center type "A" shall be not less than three (3) acres nor greater than ten (10) acres and shall provide for re- tail sales an d services oriented to meet neighborhood conven- fence needs. These will be similar but not limited to the follow= ing Drugst®re. Dry cleaning agency. Florist. Grocery store. Laundromat or laundry agency. Office. Sundries store. Supermarket. • Barbershop, beauty parlor. Gift shop. Post office substation. Hardware store. 5 & 10 or variety store. TV and appliance repair. Garden supply store. Service and repair, household appliances. Service station in accordance to section 26-11C. - Shopping center type "B" shall be ten (10) acres or more and shall provide for retail sales and services oriented to meet community and regional needs. These will be similar but not limited to the following: All type "A" uses. ~ ~ ~~~ All other retail sales and general offices. • Wholesale sales offices (not to include storage .or transfer . cf products sold) . - Department stores. - _ Furniture stores. Supp. No. 32 610:2.1 ~ - ---- D § 26-5E CLEARWATE}t CODE § 26-5F Automotive supplies and services. (Ord. No. 952, ~ 12, 11-19-62 ; Ord. No. 985, 5 3, 10-7-63 ; Ord. No, 1061, § 3, 8-16-65; Ord. No. 1098, ~ 12, 11-7-66) Amendment note-Ord. i\TO. 952, $ 12, ratified by the electorate Dec. 18, 1962, amended Ch. 26 to add ~ 26-5E. Ord. loo. 985, ~ 3 amended the minimum requirements of `the second unnumbered paragraph of paid section to add s!iNnaragraph (7). Ord. ATO. lOGl, § 3, amended § 26-5E, subsections (6) and (?) to permit an additional sign for each street frontage. Ord. 1Vo. 1098, § 12, amended $ 26-5E to delete subparagraphs (6) and (i) of the second paragraph which had pertained to the regu- lation of ~i~ns, and to amend "shopping center type A" by substituting the words "in accordance to ~ 26-11C" for the words "upon commission approval" following the. words "service station." Sec. 26-5F. Same-Parkway business district. Uses permitted: Includes all SC (A) or SC (B) usage (group planned) RM, Limited Business PRS usage Antique shop Auto sales lot (See paragraph at end of section) Barbershop, beauty shop Broadcasting tower and station Cemetery " Churches-Conditional uses, see section 26-SA Clinic, out patient Club or lodge, private _ Community service facility, nonprofit Drugstore Dry cleaning agency , Florist Funeral home Garage, storage of boats or vehicles (totally enclosed) Gift shop Government facility Hospital Hotel Laundromat Mausoleum Mobile home sales or such similar land uses (See paragraph at end of section) Ntotel Supp. No. 32 610'.2.2 _~ ~~ ;• ~. § 2G-6F ZONING § 26-6A Multiple-family dwelling with ten or more dwelling units Nursery, child care- Nursing, home Offices Plant nurseries (See paragraph at end of section) Recreation-commercial Restaurant Schools, public, private, commercial Service station in accordance to section 26-11C Theater-not drive-in Customary accessory uses for any of the above named uses. Lot regulations. ' Minimum lot. area.:. 10,000- square -feet (exclusive of public right=of-wap) • Building regulations Minimum front setback: 40 feet Minimum side and rear setback: 20.feet Uses< indicated. above- shall. be permitted provided. that any such sales or display has a minimum frontage setback of -- forty (40) feet from the right-of-way. However, any off- street parking may be permitted within setback area as pro- vided. (Ord. No. 100?, § 16, 4-6-64; Ord. No. 1038, § 2, 12-7- 64 ; Ord. No. 1050, ~ 2, 5-3-6~ ; Ord. No. 1098, § 13, 11-7-66 ; Ord. No. 1250, ~ 9, 3=1S-70 ; Ord. No. 1279, § 9, 9-8-70 ; Ord. No 1298, § 5, 12-14-70 ) Amendment note-Ord. No. 1007, § 16, amended this Code to add § 26-5F. Ord. No. 1038, § 2, amended § 26-5F bq adding auto sales lot, mobile home sales, plant nurseries and commercial recreation to the permitted uses. Said ordinance also deleted the e_ecluded uses which were auto sales, drive-in restaurants and snack bars. Ord. No. 1060, § 2, added . theat:rs-not drive-ir.. Ord. No. 1098, § 13, added travel parks and changed the reference following service .stations. Ord. IrTo. 1250, § 9 deleted churches as a permitted use. Ord. No. 12?9, § 9, deleted travel parks from the list of uses permitted. Ord. Into. 1298, § 5, revised the uses permitted under § 26-5F to read as herein set out. SeG 26-6A. Same-`B" business districts. _ (1) Permitted uses.: (a) R-3, R-4, R-M, PRS as per section 26-11(7), (9) Townhouses when established in a "B" zone shall comply with requirements set out in section Snpp. No. 32 610.3 `' } ~' § 26-6A CLEARWATEB CODE § 26-6A 26-11B, Planned Unit Developments, and in ad- dition shall meet Townhouse off-street parking ` requirements even when established in the central busur~ss° district (defined in section 26-11A (1)) . . ~ (b) Retail business. (c) Operations involving wholesaling, supply and dis- tribution with or without warehousing. (d) Sewice;. renovation and repair establishments, in- eluding 'automotive, business service establish- meats, including printing (when entirely within • ;.. ~ closed building) . (e) Professional business and trade schools. (f}r Research design and development activities and , accessory laboratory where there is - no heavy `~ ~ equipment used,. no-. unreasonable noise, fumes, . dirt or dust created and all- operation is within building and any incidental product that is manu- factured is not for sale... (g) Commercial advertising signs, billboards, and other commercial advertising structures- erected, _ ~• located and maintained. in accordance with the ° ;~ si ordinance. (h) Off-street parking-See section. 26-11A. (i) Theater-not drive-in. (j) Railway tei~ninal and/or freight office. (k) Service stations in accordance with section 26=11C. s (I) Salvage- or-junk operation as an accessory and/or '` secondary use (Refer to section 26-11(6') (c) ). (2) Special exceptions-Board of adjustment and appeals approval. See`section~-26-17: ' . (a) Storage yards-When shie~Ided from view from any public.. way (wall, solid fence and/or screen planting.) . .. (b)., Transfer and storage establishments. (c) Certain fabricating and manufacturing conducted i under following conditions : Such uses: shall be so r s Snpp. No. 32. - fx10.4 . S ~ . . -- - - - -. - ~ ~ \ . i~ ,_ ~_ __ r , . § 26-6A ZONING § 26-6A constructed, maintained and operated as not to be injurious cr offensive to the occupants of adjacent premises by reason of the emmission or creation of noise, vibration, smoke, dust or other particular matter, toxic or noxious waste materials, odors, fire and explosive hazard or glare. All processes and storage, except storage for vehicles, shall be in completely closed buildings. (d) A single family or atwo-family dwelling unit when built in compliance to lot and building regu- '~ lations applicable to R-lE or R-2 Districts. (3) Prohibited zses: (a) All types of occupancies from which are emitted smokes, fumes, gases or odors detrimental to the comfort, enjoyment and health of surrounding per- sons or occupants. (b) New or used automobile parts sales from vacant ~~ lots. ~~~- (c) Creosote treatment or manufacture. (d) Distillation of bones, coal or wood. (e) Fertilizer manufacture. (f) Fish houses, wholesale, also fish smoking, curing or processing plants. (g) Lumber yard or mill work. ibited exce t where a •ks are roh P h Mobile home pai P ( ) he cit i 1 ermit has been procured from t Y spec a p commission, following a consideration and recom- mendation, either favorable or unfavorable, by the planning and zoning board. (i) Carnivals, tent shows, exhibits and other tempo- rary amusement projects, except where special per- mit has been procured from the city commission. Supp. No. 34 610.5 1 e § 26-6A CLEARWATER .CODE § 26-6B (j) Temporary usage of parking lots and 'or open areas for tent sales area or for fenced area fol• ethibit of special products for sale, or for trailer display and sales, or any commercial use or display, other than automobile parking, shall be prohibited es- cept by permit issued by the Building Official, after approval by the City Manager. Authoriza- tion may be required by the City Commission in such instances that stteh activity may be considered to cause- ehcessive traffic congestion, a hazardous condition to exist, or may appear not to be in the interest of the public welfare. (Such request shall not reduce the number of parking spaces be- low the ordinance requirement needed to sel•ve the principal- building.) • (Ord. No. 1007, ~ 17, 4-6-64 ; Ord. No. 1050, § § 3., 4, 5-3-65 ; Ord. No. 1098, § 14, 11-7-66 ; Ord, No. 1279, ~ 10, 9-8- 7 0 ; Ord. No. 1288, 5 1, 10-19- 7 0 ; Ord. 1Vo. 1320, 5 2, 4-19-71) Amendment note=ord. \o. 1007, ~ .i i repea]ed ;; •?6-fi, which was derived from Ord. No. 627, ~ 6 and Ord. No. 728. ~ 1, and enacted §'§ 26-6A and 26-6B in lieu thereof. Ord. \o. 1050, ~ 3, added theaters, not drive-in and railway terminals or frei~•ht offices to permitted uses. Section 4 of said ordinance added the requirement for visual barrier for gas stations in subsection (3)(g); rhan~ed automobile trailer. camps and parks to mobile home park, and city zonin~• board to panning and zoning board in subsection (3) (i ). Said section 9 also deleted the elements to be considered by the zoning• board in (3)(i). Ord. No. 1098, 5 14, amended 5 26-6A (1) to add paragraphs (k j and (1). Also, said section of said ordinance amended ~ 2(i-6A(3) to delete former para- graph (g), whu;h had pertained to service stations, and to renumber paragraphs (h), (i), and (j) as (g), Ih), and (i) respectively. Ord. i\'o. 1279, § 10 amended ~ 26-6A by revising the districts in (1)(a); deleting (1)(1) pertaining to travel parks and adding (2)(d). Ord. \'o. 12S8, ~ 1, added new subparagraph (1)11). Ord. No. 1320, ~ 2, =1-19-71, amended 26-6A(3), by adding thereto a new subsection (j). See. 26-61i. Same-"giB" heavy business district. (1) Purpose of district-The HB Heavy Business District is pl•imarily intended to meet stol•age, 1•epair, assembly, certain Light fabrication, distribution and wholesale service needs of the cvminunity. Supp. No. 34 610.6 _ ~ ~. h ._ ~ ~ a~ -~ - - § 26-6B ZONING § 26-GB (2) Permitted uses - (a) The permitted uses of the "B" Business zone as listed below are permitted uses of the "HB" k zone. R-3 uses as per section 26-vA (1), less (a) and (b). - R14 uses as per section 26-11 (7), (9) (a). - R-4D as per section 26-5AA (D) , less (1) and `< (2)• RM uses less (1) and (2) of section 26-5B. PRS uses. Townhouses when established in a B zone or HB zone shall comply with requirements- set out ~_; in section 26-11B, Planned Unit Develop- . ments, and in addition shall meet townhouse off-street parking requirements. ;* Retail business. Operations involving wholesaling, supply and dis- ~ ~'. tribution with or without warehousing, sere- l -. § 26-6B ZONING § 26-6B ice, renovation and repair establishments in- cluding automotive, business service estab- lishments, including printing (when entirely within enclosed building) . Professional business and trade schools. Research design a.nd development activities and accessory laboratory where there is no heavy equipment used, no unreasonable noise, fumes, dirt or dust created and all operation is within building and any incidental product that is manufactured is not for sale. Commercial advertising signs, billboards, and other commercial advertising structures erect- ed and located and maintained in accordance with the sign ordinance. Off-street parking-Section 26-11A. Theater-Not drive-in. Railway terminal acid/or freight office. Service stations in accordance with Section 26- I1C. (b) Special exceptions of the B zone as listed below are permitted uses of the HB zone. Storage yards-when shielded from view from any public way (wall, solid fence and/or screen planting), Transfer and storage establishments. Certain fabricating and manufacturing conducted under following conditions : Such uses shall be constructed, maintained and operated as not to be injurious or offensive to the occupants of adjacent premises by reason of the emmis- sion or creation of noise, vibration, smoke, dust or other particular matter, toxic or nox- ious waste materials, odors, fire and explosive hazard or glare. All processes and storage, except storage for vehicles, shall be in com- pletely closed buildings. (c) Lumber and building materials yards, except sec- ondhand. Supp. No. 32 • 610.7 J s :, :ti f f'°:~ :: ~~ :; a ,; ~ , ;~ § 26-6B CLEARWATER CODE § 26-6B (d) Freight handling facilities. (e) Boat yards and ways. , (f) Manufacture and assembly of scientific, optical and electronic equipment. (g) Salvage or junk operation as an accessory and/or secondary use (P~efer to ~ 26-11(6) (c) ). (3) Special exceptions-Approval of board of adjustment and appeals. See Section 26-17. (a) Light industrial and processing uses of a special- ized. nature requiring only small plants. (b) Bakery-For wholesale distribution. (c) Packaging and. distribution plants. (d) Drive-in theater. (4) Prohibited uses (a) Prohibited uses as listed in B zone in section 26- 6A subparagraph (3), except Iumber yard or mill work. (b) Automobile wrecking yards, junkyards, scrap and salvage yards for secondhand building materials. (c) Iti7o privately owned access roads to any use in this district shall be permitted through any property in a residential zoned district. (d) Travel parks. (e) Single family or two-family dwelling unit. (5) Special restrictions (a) Building setbacks-Schedule Sec. 26-11 (7) (15 foot public street right-of-way and 10 foot when abutting an alley; 15 foot when abuts a residential zone). (b) Off~treet parking-See Sec. 26-11A. (Ord. No. 1007, § 17, 4-6-64; Ord. No, I050, ~§ 5, 6, 5-3-65; Ord. No. 1279, ~ 11, 9-8-70 ; Ord. No. 1288, ~ 2, 10-19-70; Ord, No. 1294, ~ 2, 12-3-70) Eimendment note-fee note following § 26-6A. Ord. INTO. 1050 added drive-in theaters to special exceptions, subsection (3} (d). Sect on 6 of said ordinance omitted light industrial operatiflns outside a building or those over 10,000 sn. ft. eac'_osed ground floor from prohibited uses, subsection (4}(c), and relettered former subsections (4)(d) as (4)(c). Ord. IVo. 1279, ~ 11, ar.:ended § 26-6B by adding subparagraphs (4) (d) and .(e). Ord. No. 12Q8, ~ 2, added subparagraph (2) (g), Ord. No. 1294, § 2, revised subsection (2)(a) and (b) to read as herein set out. Prior to amendment the uses were not enumerated. Supp. No. 32 610.E r • ;i S ' ~~ } § 26-7 ZONING § 26-7 Sec. 2G-7. S'~ne--~`lE~" districts. (1) Purpose oaf d~trict: To provide sites for light manu~~ facturing, assembly and/or prefabrication, food processing and/or light metal farming, under established performance standards involving control of smokes, fumes, gases, odors, vibrations, chemical or mineral wastes, which may be detri- mental. to the health of surrounding persons or occupants, or to the value of surrounding properties. (2) Permitted uses: All uses permitted in B and HB use zones. (3) Prohibited uses: (a) All residential uses. (b) Junk yards including automobile wrecking and salvage yards. (c) Travel parks. (4) Special exceptions: (a) Drive-in theaters. (b) Secondhand building materials. (5) Criteria for special exeepti:on: Those listed above and/or similar uses pa~vided that such approval will record the nature and extent of the following building and opEration conditions (but not limited to) (a) Minimum area ~uiiding usage, and special setbacks; (b) Parking a~'?'r~,~ding restrictions; (c) Screenn~g re~~:t~irements, enclosure requirements; (d) Speciial sign ~:~rictions; (e) Houn.~ of oger:~tion; and (f) Treaitaaent a~ad/or removal of by-products over given penic~ of time. (6) P~~',ry~ar~nance standards: Reference is made to criteria for perfLu2mce standards hereby on record in the building departmreitr. for enforcement through the building official. (Ord. N~n.I279, ~ 12, 9-8-70) Amend~uetnti. cote-Ord. ;v o. 12 t 9, § 12, repealed former § 28- r, derived frrrrn~Ord. tlo. ~:2t, y 7; Urd. No. 1U0'i, ~ 18; and Ord. No. 1050, § 7, andl ~<rLopted a new § 29-7 pertaining to the same subject but revising t,}._ff~subject matter. Supp. No,.;i2 610.9 . r R § 26-8 CLEARWATEP. CODE § 26-8A Sec.._26-8: Use regulations--"PUD-R" districts, planned unit development-Residential and "PUD-CI", Planned unit development-Commercial, industrial or com- bination. (a) "PUD-R". In the Planned Unit Development-Residen- tial districts, any combination of residential structures erected within the limits of one or more parcels of land, under corri° mon ownership planned with relation to public access andi public areas, and. further arranged to meet specific communi- ty needs.of service or recreation. (See section 26-11B(3) and (5))• (b) "PUD-CI". In the Planned Unit Development-Comp mercial, Industrial or Cerr~bination Districts, any commercial or industrial structures or combination thereof, erected within the limits of one or more parcels of land, under a common ownership, planned with relation to public access, transpor- tation facilities and/or public utilities. (S`ee section 26-11B (4) and (5) ). (Ord. No. 1098, § 15, 11-7-66; Ord. No. 1119, § 7, 10-2-67) Amendment note-Ord. \TO. 1007, ~ 19, repealed § 26-8, which had been derived from Ord. No. 627, § 8, Dec. 9, 1952. Ord. No. 1098, § 15, amended Ch. 26 to add S 26-8. Ord. No. 1119, § 7, adopted and effective Oct. 2, 1967, 4mended 5 26-8 by adding the- provisions relating to PUD-R district as subsection (a) and designating the former provisions of said section relating to PUD-CI districts, as subsection (b). Sec. 26-$A. Churches-Conditional Uses. (1) Churches established prior to March 16, 1970, may expand on existing ownership and subsQquent abutting prop- erty, for church and accessory uses only. (2) Off-street parking use may be extended to existing ownership and neu~ lots v~ithin five hundred (500) feet of the assembly building and shall meet the requirements of section 26-11A. (3) Accessory church uses shall include but not be limited to the following (a) Parsonage (b) Educational building (c) Recreational building and play area Supp. No. 32 610.1Q ~, i ~ ~ ~ r § 26-8A ~ z01'~'Il~TG ~ § 26-9A (d) Day nurseryschool, nat ope~•ated for profit (e) °Noncommerciai off-street la~arking (4) In no case shall chnrela u~~ be extended into R-1, R=2, R-3A, R-3B, R-3C, R-4B and R-~C' zones, except that churches established in a "B" zone may ~~nd noncommercial parking into residential zones as defined b~ ~ecial exception, refer to section 26-17(5) (a) (1), (16). (5) All church site usage upon termination and before reuse shall be rezoned to an appropriate compatible zone classifica- tion following proper public hearing. (6) New churches, to be initially established, shall require ISP (Institutional and Semi-Public) zoning. (Ord. INTO. 1298, § 6, 12-14-70 } Amendment note-Ord. No. 1298, § 6, amended this Code by adding § 26-8A. Sec. 26-9. Same-"P" districts. In the "P" Public District allpremises and buildings shall be used exclusively for the follo«~ing purposes, to wit :. (1) Public streets, places, alleys.? public highways, public parks, public uuildings, pubLi~c works facilities and simi- lar public uses, public rec~tictn grounds, public avia- tion fields, golf courses, lar~~il fields, other athletic fields, bathing beaches, a~:ua,~serr~ent parks, recreational centers, raihvay (other: d street rail«•ay), places of scenic beauty calcr~P~~;~,~ to attract visitors and tourists. (Ord. No. G27, ~ ~, ~~ ~-52; Ord. No. 1294, § 3, 12-3-70) Amendment. rate-Ord. No. I2~1, ~; ~, amended' ~ 26-9 by adding public worts faci.ities and siiniiar xrui4lie uses" to the uses permitted. Sec. 26-9A. Same-Institutionar-semi-public use districts. (1) PURPOSE (a) To establish a district classification that includes com- munity-service oriented and institutional uses. (b) Upon application, to promote, establish and expand the harmonious grouping of such. uses within the functional framework of a general city development plan. ' (2) PERMITTED USES : . (a) Churches, syn~abo'ues, monasteries or other places of worship, andia:d~.inistrative offices for religious organi- zations. Supp. No. 32 610.11 t ' ~: • " S • ' ''I E • . • ? _ -__ _ . .__~_Lo.__ § 26-9A ZONING § 26-9A (b) Administrative offices of charitable, philanthropic, or similar non-commercial organizations such as Boy Scouts, Red Cross, and other. (c) Parochial, private, or other non-public and non-commer- cial schools, plus accessory buildings. (d) Accessory recreational uses. (3) MINIMUM REQUIREMENTS FOR PREMITTED USES (a) Minimum area: Ta establish the zone ___________~__-__ 1.0 acre To establish a church in predominantly resi- dential zones area (defined as within a foot radius from perimeter of property in question) __________________~_~___~_______ 2.5 acres To establish a church in other than pre- . dominantly residential zoned area (i.e., 20Q foot radius definition) _______~~^ 1.4 acre (b) Maximum ground area coverage: Shall be determined as the mean of the herein stated coverage values of the abutting or adjacent two hun- dred (200) foot depth of city-zoned land or comparable zoning, according to 'the following scale : AG Agriculture -______~_A__~__ 20% R-1 Single Family __-___~____ 25% R-2 Duplex - _- _ 25% R-3 Low Density ~_-_~~-:~ 30% R-4A Multi-Family A-_______~~_ 30 % R-4B & C and Other Multi-family _____- _ -_ 40%-=, - - RPS, R-M, R-4D _~___~ ~ _ 40% B, HB, M, SC ~ __ 60% (c) Building setbacks: Front-equal to front building setback of the zone it faces Side and rear-2.0 times minimum required of the single family zone abutting 1.5 times minimum required of the multi-family zone abutting. 1.0 (equal) other zones abutting SIIDD• No. 28 610.12.1 . ~~ ~ ~ k - ~: R § 26-9A CLEARWATER CODE § 26-9A -- - (d) Height of building: - Height of building at setback line shall not be greater than the setback; plus, beyond the setback line and ~' from that height, the rest of the building shall be set ' • back one foot for each additional two foot rise. (e) Parls•ing space requirements-For area treatment see subsection (5) hereunder. Maximum seating capacity of church sanctuaries, auditoriums, etc. _____________ 1 space per 2.5 seats All other parking shall conform to Section 26-11A. (f) Of f-street loading and unloading zones shall be pro- vided for patrons and for services. (g) Off-street .Marking shall be provided on the property when in residentially zoned areas (See (3) (a) above), and may be adjacent to or within five hundred (500) feet in all other zoned areas. (h) Landscape buffers: (1} In the case of permitted uses, landscape buffer ..~ areas shall be provided along all property lines abutting residential zoned areas. - (2) Internal landscaping every thirty (30) parking spaces shall be required to break up the paving area ; such landscaping shall include trees. • (i} Surfacing: - ~ ~ When the applicant presents evidence that there is in- frequent use of the parking area ; i.e., such that daily .. parking is a minimum for administrative use only, and that full use of parking is needed only on specific days, then there shall be one (1) paved space (including ingress and egress) for every two thousand (2,000) square feet of gross building usage. The remainder of parking area required (in accordance to total seating capacity) may consist of a grass surface over a shell base. Such area shall be properly graded and approved - for proper drainage by the office of the city engineer. (4) SPECIAL EXCEPTION USES (a) In all cases tivhere a special exception is requested, prior to public hearing before the board of adjustment StlDD• No. 28 `!~ 610.12.2 , ,~~ . - f - c • r . I - I' § 26-9A ZONING § E6-9A and app an zoning, a statement of the applicant shall be subm~i to the building official describing the nature of tP~e operation on the property and the specific performance qualities of the use, such as but not limited to noise, sight, vibration, smoke, dust, fumes or gases, lights, and when, in Group II as defined below, the anticipated normal hours of operation shall be in- dicated. (b) Uses considered and parking requirements: GROUP I Private hospital, medi-center _______~ 1 space to 1 bed Nursing ,home, convalescent home __ 1 space to 4 beds Home for aged, old soldiers home _ 1 space to Fi beds Similar uses-classify to above GROUP II* Meeting halls (general) auditorium __~________________ 1 space to 2.5 seats Club houses for fraternal, civic, or social service or similar non- ~ commercial organizations ______ 1 space fur each 100 sq. ft. floor area • * (With declared accessory recreational and other uses as YMCA, PA3., etc.) Similar uses-classify to above GROUP III Utility facilii;.ces, ____-_-_~___ 1 space for each employee Transforme~c sites, Substations plus commz~acation towers, maimYnce stations, yaa~, similar ______~____________ 1 space for each 900 sq. ft. gross floor area (c) Greeter rec~cirements: In specific instances the board of adjiastfr~ent and appeal on zoning .may require greeter setbacks of recreation areas, parking areas. anc8 special location of service or maintenance facilities in ~3ccordance with community health, safety and wel- far~ standards. In such an instance, site plans may be squired. Such determination shall be of record with the building department. Snpp. No. 29 610.12.3 .. ~. . • _. ~ '' § 26-9A CLEARWATER CODE § 26-98 (d) Tlae board of adjustment and appeal on zoning may use the maximum ground coverage under permitted uses ` as- a guide to establish compatibility. ~ (e} Landscape buffer areas, when necessary, shall be estab- ` fished by the board of adjustment and appeai on zoning to ,assure protection of the abutting property from noise, srhoke; dust, fun2es, light (others) . R (5) PARKING AREA SETBACK REQUIREMENTS FOR PERMITTED AND SPECIAL EXCEPTION USES Setbacks: Front-not to be less than 5 feet. Each side and rear : Abutting B or M type zones-minimum 5 feet. Abutting multiple family type zones-1/10 of • width of property not less than 5 feet, maxi- -- mum required 15 feet. Abutting single family type zones-1/10 of width of property not less than 10 feet, maximum required 25 feet. If property abuts seeeral uses-the average of the com- puted setbacks shall apply on that side or that rear. IN THE CASE OF SPECIAL EXCEPTION USES: • The above shall apply, in addition to suitable screening which may be established by the board of adjustment and appeal on zoning in the form of landscaping and masonry or wooden fence around the entire periphery of the special exception use activity. (6) SIGN REQUIREMENTS FOR PERMITTED AND SPECIAL EXCEPTION USES Refer to Chapter 18 of this Code. (Ord. No. 1250, S 10, 3-16-70) Amendment note-Ord. No. 1250, § 10 amended this Code by adding § 26-9A. r' Sec. 26-9B. Same--Aquatic Park District. (1) Purpose of zone and application: (a) To affirm the authority of the City of Clearwater to ._ regulate and control the use and occupancy of all public SIIDP• No. 29 610.12.4 ~ . ... • y - ~ -- • • r ~~ 26-9B ZONING § 26-9B waters, waterEVays and water bottoms within the cor- porate limits of the city for the benefit of the health, welfare, safety and convenience of its inhabitants. (b) Application: The AP District shall be established upon all waters, including but not limited to all basins, bays, bayous, canals, lakes, rivers, streams, water«-ays and waters of the Gulf of Mexico and all publicly owned submerged lands thereunder, including all water over privately or publicly owned submerged lands from the the present high tide mark seaward or seaward from any engineered bulkhead line which may be established by the city commission. (c) That the application of this section be cumulative and complementary to any state law in effect now or here- inafter enacted. ~ • ' (2) Permitted uses : In an AP Zoning District, the per- mitted uses for lands and waters shall be: boating, s«zrriming. fishing, diving, water skiing, wading and related water-orient- ed recreational uses. (3) Special exceptions ; criteria : Requests for special ex- ceptions to use any of the waters and submerged ,lands zoned AP for any uses other than the foregoing permitted uses may be made to the board of adjustment and appeal, such requests to be accompanied by evidence that the proposed use of any waters and submerged lands will: (a) Protect the right of the public to use and enjoyment for recreational purposes of any of the waters or sub- . merged lands affected; (b) Preserve grass flats and mud flats for breeding and spawning grounds for fish; (c) Not cause ar contribute to erosion of vTaterfront prop- erties; (d) Not create any alteration of water flow, accumulation of debris or creation of water pockets for incubation of "red tide" ; - (e) Demonstrate that adequate precautions are taken to prevent salt water intrusions into surface water tables ; and Supp. No. 29 sio.12.5 {. :; L i § 26-9$ CLEARWATER CODE ~ E&-10 {f) Display that there are proper provisions to °be taken for `` protection of and access to existing or proposed navi- • gable channels or basins. (Ord. No. 1267, S 4, 5-18-70) 26 9B~nTheewo d t°`ordinan e~ was7cha ged to asect on'2by thededitors to preserve Code format. Sec. 25-10. Same--glonconformirig. The lawful use of land existin~f at the time of the passage . of this ordinance on April 6, 1964, although such use does 9oPD• No. 29 610.12.6 • - .. t • • - } ' jj t § 26-10 ZONING § 26-11 e not conform to the provisions Hereof, may be continued, but if such nonconforming use is discontinued for a period of six months, then any further use of said premises shall be in conformity with the provisions of this chapter. The lawful use of a building or land existing at the time of - the passage of thiG ordinance (on April 6, 1964), or one for the construction of which a building permit has been issued not more than sixty (60) days prior to such passage, may be - continued, although such use does not conform with the pro- visions hereof, and such use may be extended throughout the ' building provided no structural alterations except those re- _ quired by law or ordinance a.re made therein. If no structural alterations are made, a nonconforming use of a building may - be changed to another nonconforming use of the same er more restricted classification. -- -- - Any nonconforming building damaged by fire, the elements or other Act of God, to the extant of more than sixty-five per cent (65 ~Q) of its valua shall not be repaired or rebuilt, except in conformity with this chapter. Should the damage be less than sixty-five per cent (65 /o) of its value, then repairs may be made, provided they be made within six (6) months . after such damage, and in accordance with all other ordi- nances of the City of Clearwater. .~•----- - All- nonconforming model homes, those existing tivhich have never been processed in accordance to the terms of Chapter 26, shall terminate such usabe (as defined herein) within nine (9) months of the date of passage of this ordinance ~ ' amendment, which is AugusF 3, 19G4, anything herein to the contrary not ~v ithstanding. (Ord. No. 627, § 10, 12-9-52 ; Ord. ~'o. 1007, § 20, 4-6-64; Ord. \TO. 1023, § 2, 8-3-64) Araendraent Hate-Ord. \TO, 100i, ~ 20 amended ~ 26-10 to read as - set out in the first three paragraphs above. Ord. \To. 1023, ~ 2 r.m~rdea ' said section to add the last paragraph. ~ ' Sec. 26-I1. Location, height and area_regulxtions-Setbacks. lot size, height, aiea. ~ ; (1) No building or structure overhang shall be permitted to exceed 2 feet beyond the required setback line in residential Supp. Igo. 25 • G10.13 - `; ti ~' ,. f`. f r •. • § 26-11' ~ ~ CLEAftw~TER CODE § 26-11 zoned districts having required building setbacks of 5 feet or less; or 3 feet beyond the required setback line in residen- tial zoned districts having required building setbacks ttp to and including 10 feet; or 5 feet beyond the required setback line in residential zoned districts having required building set- backs of more than 10 feet. (2) No building or other- use shall be erected or permitted closer than twenty-five (25) feet from the front lot line, or from any side street line, or closer than five (5) feet from the rear lot line of any lot or plot, in "R-1" and "R-2" use dis- tricts only. (3) The height of all buildings shall be governed by the city's building code and other pertinent ordinances or regu- lations. (4) No lot or plot having an area of less than five thousand square feet- and having a width of less than sixty feet at the building setback line shall hereafter be used for building in an "R-1" area, neither shall any building other than accessory building be erected thereon having a ground floor enclosed area of less than seven hundred- and fifty square feet exclu- sive of porches and breezeways, provided that said width . regulations shall not be effective as to any lot included in a recorded plat as of December 16, 1958. (5) No lot or plot having an area of less than five thousand square feet and having a width of less than sixty feet at the building setback line shall hereafter be used for buildings in an "R-2" area, neither shall any building or:her than acces- sory building be erected thereon having a ground floor en- closed area of less than seven hundred and fifty square feet exclusive of porches and breezeways, provided that said width regulations shall not be effective as to any lot included in a recorded plat •as o.f December 1S; °1~95~. (6) Fences and walls, other than necessary retaining walls, erected or maintained along or inside of lot lines in "R-1", "R-2", "R-4", and "R-1VI" use districts, shall not exceed or be maintained at a height in excess of six (6) feet from the Supp. No. 20 610.14 ,i • ~ 1: f •` } ~t ZONING ~ § 26-11 § 26-11 - • ground level of subject property or of property immediately adjacent thereto, whichever has the higher level, except as herein otherwise provided (a) This fence and wall height restriction shall also govern for residential used properties (single family, duplex and multi-family structures, including motels) in a "B" or "M" zone when then abut another residential used property. (b) Fences and walls, other than necessary retaining walls, may exceed six (6) feet in height, but shall not exceed ten (10) feet in height, when erected. or maintained along the lot line between a residential zoned district property and any zoned district property other than residential. (c) Salvage or junk operations as an accessory and/or secondary use. For secondary uses which meet junk yard/salvage 3Tard definition, the folloivirg conditions shall be met : On any B, HB and i!Z zoned property, the entire area occupied by a secondar;~ salvage or junk operation shall be screened by a continuous, attractive seventy-five per cent (75;~c) opaque :nasonry, metal (not corrugated sheet metal or other roofing materi- al), wood fence or wall, at a minimum of eight feet (8') in height. Such fence or wall shall be without openings, except for entrance and exit, ~~hich opening shall be equipped with opaque gates. Supplemental planting shall be required along the fence or wall on - .that portion abutting any street right-of-way. Reason- able care and maintenance shall be the responsibility of the property owner. This section shall not be construed to allow the construction or maintenance of fences or walls along or across easements and shall not be construed to allow the fences and walls when they would be in violation of other provisions of this chapter. (7) For schedule of lot and building regulations for all use district, see fold-out pages. (a) In R-4A, B and C zoned use districts where a lot has frontage on t«-o or more streets, all vehicular ingress Supp. No. 31 610.15 ~~. -. ~ ~ • § 26-11 ;. ~~., i, CLEARwATER CODE § 26-11 and egress for the lot shall be determined by traffic analysis and recommendation of the appropriate traffic planning officials. (b) In R-4A, B and C .zoned use districts suitable buffer- ing, in the -form of ~ fences, masonry walls, or plant materials, shall be provided to visually screen parking areas and outdoor activity areas from adjacent proper- ties. [See section 2G-11A(G) (a).] This screening may be required to be extended to parking areas located in the front building setback areas abutting public right-of-way. ti~here a suitable permanent buffer al- ready exists on the adjacent property line, the buffer- ing requirements may be waived. by the building offi- vial. Where parking areas or similar activity areas ~ adjoin each other on adjacent properties both devoted . to multiple dwelling use, the :.peripher;al buffering requirements may be waived by the building official for .both properties. In such instance a common planting plan .shall be agreed to by the applicant parties and such agreement is on file with the building official for his approval. • (.c) In R-4A, B and C zoned use districts if 20% or more of the .minimum off-street parking requirement is met by parking provided within the principal structure, then the side and rear building setback requirements of the structure shall each be •reduced by 10 ~o. (d) If an R-4A, B or C zoned use district property abuts either on the side or rear with permanent public open space which has a minimum uniform• width of at least 40 feet, such as a public body of water, then the prop- erty side or rear building setback line requirement abutting said permanent open space shall be reduced by 50%. (8) Asingle-family or atwo-family dwelling unit when built in a R-3, R-4, R-M, "B" (Business) or "M" (Manufac-~ taring) zone shall be required to comply with lot and building regulations applicable to R-lE or R-2 districts. Any portion of section 2G-11 hereof, as amended, in conflict with the terms and px•ovisions of this subsection is hereby repealed. Sapp. 1\To. 31 ~ . 610.16 .. ..~ ~'•. i r § 26-11 ZONING § 26-11 (9) Any multi-family structure when built in a PRS (Pro- fessional and" Related Services) zone shall conform to the requirements of the R-4A zone classification. (10) In all use districts each multi-family structure shall provide one off-street parking space for each separate unit. A minimum parking space shall be 160 square feet exclusive of access drive. Any portions of Section~XI of Ordinance I~To. 627 [section .26-11 hereof], as amended, in conflict with the terms and provisions of this section [subsection] are hereby repealed. (11 } The following parcels shall be exempt from minimum lot area and/or width requirements in accordance with Sched- ule 26-11(7), but buildings, erected thereon shall conform with building setbacks and density requirements according to Schedule 26-I1 (7) (a) A lot within a plat 'which plat was recorded prior to December 19, 1961; or (b) A portion of a lot which portion was conveyed as a separate parcel by a deed dated and recorded prior to December 19, 1961; or (c) A parcel including one or more or one acid a portion of another lot or lots which parcel was conveyed as a separate parcel by a deed dated and recorded prior to- December 19, 1961; or ~ . (d) A parcel described by metes .and bounds which was conveyed as a separate parcel by a deed dated and recorded prior to December 19, 1961.' (12) Emergency shelters are permitted as an accessory structure in any district, subject to the yard and lot coverage requirements of the district. Approved emergency shelters may be used, in addition to emergency shelter use, for any principal or accessory use permitted in the district except for habitation by persons other than occupants of a principal dwelling. Structures or portions of shelters qualifying as approved emergency shelters shall meet the minimum- require- ments of the building code of the City of Clearwater and standards issued by the office of civil defense mobilization. Supp. No. 34 610.17 s - ~ • § 26-11 . CLEARNATER CODE § 26-11 (13) Setbacks for structures in a "P" public use district shall be equal to that of the use district which it faces or abuts. • (14) Notwithstanding the zone classification there shall be established on the following streefs a minimum building set- 'pack of ten ~(10) feet from the existing right-of-way or forty • (40) feet from the center line of the right-of-way, whichever is the greater. In cases where the zone classification has a . greater setback, such zone district setback shall prevail. M.yx•tle Avenue-Lakeview Road north to Garden Avenue Greenwood. Avenue-Turner Street to Marshall. Street • Missouri Avenue-Belleaire Road to Drew Street Highland Avenue-South city limit line north to Union StreeL•. • (15) Notwithstanding the zone classification there shall be established on • U.S. Highway 19 from the northernmost city limits to the southernmost city limits a minimum building setback of .forty (40) feet from -the existing right-of-way<. Such setback shall also be established and required on all properties hereafter annexed axxd which are abutting U.S~. Highway 19 right-of-way frorri the Clearwater city limits on the north to the Clearwater city limits on the south. (16) Open Space F.equix•ements-Waterfront Property A. Defi~titio~ts: 1. i~uterfrorit Prvhert~: That upland property which abuts the waterfront including all water- ways and canals on the Gulf of Mexico, Clear- . water Harbor, Tampa Bay and Cooper's Bayou up to 660 feet in depth from mean high tide or bulkhead line or that upland property from mean high _tiue to the .itcarest l~ibl~t vi ~~~zty .pai•~ilel to the waterfront (as defined), «~hichever is the lesser dimension from the tivaterfront. 2. ~Var~•nzc Parcel: That upland property which is 330• feet. wide or less (mean width) .measured • parallel to the roadway (which public roadway ' is genat~ally parallel to waterfront). Supp. No. 34 610.18 0 i t ' 4 t S • F, § 26-II ~ ZONING § 26-11 3. iVide Parcel: That upland property which is greater than 330 feet wide (mean width) meas- ured~parallel to the roadway (which public road- way is generally parallel to waterfront) • 4. Ove~•lnh of St.rr~ctrn•es: Any dimension of one building which is visually blocked by another building, ~~•hen viewed from a public street look- ing in a perpendicular direction toward the waterfront (all on one parcel of ownership). 5. Transitioiral I~i~~te;rsio;r: That mean width dimen- sion which is within 10~ of 331 feet (or 33 feet) within which transitional standards bet«•een wide and narro~~~ parcel shall pre~•ail. B. General Criteria: 1. Any parcel of waterfront property (as defined) - shall conform to the «~aterfront setback require- ments fo2• the total parcel if said parcel has 50 ;; or more street frontage generally parallel to the ~%• waterfront ; waterfront properties with less than 50 ~ street frontage generally parallel to the - waterfront shall meet partial application require- ment for that portion of the property which hay such parallel street frontage, i. e. !.',. of tract street frontage-~,'~ of total application of total tract requirement. (See .attached esplanatury drawing.) 2. ' tl1a.~•i.mtr»~ Le;;Jtlr of B~rilcli;iy: 250 feet (This includes all deck areas and encloed and co~•ered walks.) 3. ll~i~tiautrm. Dista~rce betnx~c•;; S~rildirrr/~ (Ir~trrior ui Lot) (a) Measured parallel to street. (~~, described above) (b) I~To overlap permitted «•hich ~~•ould obstruct beyond a 2~0 foot buildable length. . For Lon• Ri~c• (defined as one and t«-o story aruc- tures) : 20 feet or 2 times zone classification ide setback, whichever is greater. Supp. No. 3~ s1o.1~~1 i ~. ,~...,-- § 26-11 CLEARWATER CODE § 26-11 For 111 erl i ~r gyn. and High Rise (defined as three or more story structures) : ?!~. of total of height of both buildings, but no less than 20 feet. 4. Ti•axsitio~ui.l standards on property that is between ' 298 feet and 331 feet in mean width, side yard setback shall be as per the mean or mid dimension between the lesser and the greater setbacks as per this ordinance under narrow or wide parcels. _~ Supp. fro. 34 610.18.2 c C. Specific Setbaclc Criteria: `°' b ~' Narrow Parcel Wide Parcel ,oz Front Yurd: (Street side): per zone ~ Frotzt Yard: per zone classification ~ classification Side Yard*: .Side Yurd*: 20% or 30 feet whichever Street Sector: 30%** 30 jo of mean width or is the lesser (no less than 10 feet) P14A, 4B, 4C-per side, whichever is greater. (1) At 150 foot width or greater a 1 uterivt• Sector: 40 `/~ *-20 Jo of mean width or • variation would allow 20 feet on one is greaterR-4A, 4B, 4C-per side, whichever side and 40 feet on the other. is greatel. • (2) At 60 foot height of structure, Waterf~t•ont Sector: 30 Jo-Same as Street Sec- ~ ~ r-4A, 4B, 4C setbacks would .prevail. for o e (See attached explanatory Drawing) z ~; ~ z • ~" Waterfrott.t: ~ 50 feet Gulf of Mexico and Tampa Bay 25 feet Clearwater Harbor and ( ,from mean high tide Cooper's Bayou ---------------------------•( *Only one side yard setback can be used for parking; the other side yard setback to be clear space ' from street to water, such clear space may be used for driveways or parking below street grade. **For wide parcel side yard setback requirements, a variation would allow narrow parcel side yard standards, provided the, additional setback•differential is placed in spacing between .build- ings on site and parallel to street. °i r t 1 § 26-11 CLEARwATER CODE § 26-11 D. Affected tiVaterf rout Property Exceptions. (1) On defined narrow parcels, exceptions-20 Jo in- crease in density (number of dwelling units) when residential, above zone maximum, and 20 Jo in- crease in floor area or height (where applicable) used for non-residential purposes; (2) On defined wide parcels, exceptions-10 ;'o in- crease in density (number of dwelling units) when residential, above zone maximum, and 10% increase in floor area or height (where applicable) used for non-residential purpose.; and (3) On defined transitional. parcels, exceptions-15 Jo increase in density (number of dwelling units) when residential, above zone maximum, and 15 Jo increase. in floor area or height (where applicable) used for non-residential purpose. E. Exclusio~as: All single family and duplex zoned proper- ty is exempted from compliance with the terms and requirements of this section. ' r~ j. i i ;~~ 1 Supp. No. 34 610.18.4 J SCHEMATIC--~V~QT'ERERON`~, SIDE Y~°-F~D. ` SE1~6ACK ' ,~I 20% OR 30° IWHiCHEVER IS THE LESSER MIN. OF 10° ). PER ZONE . I 30 % I 1 I i I I I I .. 20 I%~, . I I i ~ I I ~:X---- --- -~ i ~- 50~-GULF OF MEXICO OR TAMPA BAY. 25°-CLEARih'ATER HARBOR OR COOPERS BAYOU. SEE NOTE RE: WHICHEVER IS LESSER. 330° Supp. No. 34 610.18.5 TRANSITiOiJAL REQ. r- - i - - - --)- - , I ~2 ~ I/2 i ~ ~ I I I -~ ~+~-I--- ~ r- , ~I. I( II I .. /1~2. I `.i'. ~ •.I ~ I I I I I I I I I I I L ~ i J ^I! L_ i__ __1_ _J ' ~_ 250° J MAX. LENGTH OF STRUCTURE. ' 330° ,~ .. I~ STREET ~ S 70R ~, INTERIOR SECTOR ao% WATERFRON SECTOR 30 • ~ ~~ U. -~ ~'~ ~ PL ~ ~ ,{ { .. ~. .~ . , ~~ , o . . ., PL __ ~ ST2 ~E~ T ,~/l~v Z5 I o J .~ { P~ _,~ _~_. 2 Q-BU~TT'! NG ~:II~tI ~ ~~,t1Tr{NG PA{2T 51 f~1NG i0 O O of Rf W O p~~t..{~ R/~ vt~vd c~~QutnE~ Aa{.t ~ w •Ss;t,P,.v~~GS u,u:,dt.din,~ tc Z,onQ. .5.~~.G~s as CcJa~~'~ ~ ~~ ~~IATERFRONT PROPERTIES VARIOUS R~W . Ft,1GHT- as-WA`( P~ _,PRoPER,tY UNE VJ F _ V.tA`r~.~,t~Ko~eT s'jJ1EAt~ Wlv-ru CwF wnar'H ~- s-r~~Er ~c~oa-r w{~~+) • MEAN ~~PTh4 = G~~E~rr,~.~.y T~n,RA~~~t_ ~~ R/vJ c~, ~ 1- ~~ ~~ q s °or ~ . ~~~ w~ ~ L e.~~F~. °4 A ~~ ~~~~ ~ (17) All buildings as defined below and within block areas as defined below in a "B" Business °°' • ~ Zone shall comply with the following minimum front building setbacks. o BUILDING STATUS REQUIRED FRONT BUILDING SETBACK (a) All new 1 and 2 story • buildings lo- No Front Building Fatback Required Gated in blocks with more than 50M~ (also see (~~) & (15) ) of block frontage developed. , (b) All new 1 and 2 story buildings lo- 5 Feet Gated in blocks with less than 50i~ (also see (14) & (15) ). of block frontage developed or mere • than 50'% of block frontage redeveloped. ~ o (c) All new medium rise 3 story to 7 story 15 Feet ~ N • ~~ buildings inclusive. (also see (e)) z z • ~ (d) All new high rise 7 story or more build- Front Building Setback According to R-4A, ~ • ings. B, C, Requirements. See Sec< 26-11(7) Supple- ' mental Schedule of Lot and Building Regula- • • tions fob R-4A, B and C Use Districts. (e) Variations to the medium rise, building enclosed public spaces; i.e., ]obbys, wait- (3 to 7 story inclusive) and high rise ing and drop-off areas, etc. ,such building (7 story or more) front build- ~ appeal to be granted through plan re- ~ • ing setback requirements (but no less vjew by the City Commission upon . than 10 ft.) may be acceptable to en- • recommendation from appropriate City ~, courage variable setbacks per open or of Clearwater Departments. ~•, ' ti • ~ ~ .. ... r. --_..._.... ;; ~: 7 1 i t s 's ~ i d • CLEARWATER CODE § 26-11 § 26-11 (Ord. No. 627, § 11, 12-9-52; Ord. No. 726, § 2, 22-26-56; Ord. No. 798, § 3, 11-24-58; Ord. No. 912, §§ 7-11, 13, 11-21-61; Ord. No.. 952, §§ . 13-15, 11-19-62 ;. ord. No. 985, § 4, 10-.7-6&; Ord. No. 1007, § § 21, 22, 23, 4-6-64 ; Ord. No. 1038, § § 3, 4, 12-7-64 ; Ord. No. 1050 § 8, 5-3-65 ; Ord. No. 1061, § 4, 8-16-65 ; Ord. No. 1086, § 4, 4-18-66 ; Ord. No. 1119, § § 8, 9, 10-2-67 ; Ord. No. 1162, § 2, 8-5-68 ; Ord. No. 1150, §§ 4, 5, 7-7-69; Ord. No. 1`L04, § 2, 5-19-69; Ord. No. 1267, § 5, 5-18-70 ; Ord. No. 1279, § § 13, 14, 9-8-70 ; Ord. No. 1288, § 3, 10-19-70 ; Ord. No. 1294, § 4, 12-3-70 ; Ord. No. 131G, § 2, 5-3-71; Ord. No. 1326, § 3, 7-7-71) Amendment note-Ord. No. 912, §§ 7-10, amended Ord. No. G27, § .11, from which § 26-11 was derived, to add provisions designated sub- sections (7)-(10) above. Section 11 of said ordinance amended sub- section (1). Section i3 thereof enacted provisions designated subsection (11). Ord. No. 952, §§ 13-11, amended § 26-11 to add subsections (12) and (13), and the second sentence to subsection (6), respectively. Ord. No. 985, § 4, amended § 26-11 to add subsectior, (14). Ord. No. 1007, § 21 amended § 26-11(6). Section 22 of said ordinance enacted the matter codified in § 26-11(?), and the schedule of regulations. Sec- tion 23 of said ordinance amended § 26-11(9). Ord. No. 1038, § 3, amended the schedule, § 26-11(7) and § 4 amended subparagraph (11.) which formerly generally exempted property of record prior to Dec°mber 19, 1961. Ord. hTO. 1050, § 8, added- Highland Ave. to the ~'t an ended quiring 10 ft. setback in subsection (14). Ord. No. 1061, § amended § 26-11(6) to add subparagraph (b). Ord. No. 1072, § 3,. § 26-11(7) to include motel apartment units under mini § u~ amended requirements in R-4 and R-P+1 Districts. Ord. No. 1086, 26-11(7) by deleting the reference to motel apartment t:nits under minimum lot area requirements in R-4 and R-li Districts and sub- stituting the- requirerieiits for motels. Section 8 of Ord. No. 1119 amended § 26-11(7). Section '9 of said ordinance amended amended8§ by adding "R-3" to the list of zones. Ord. No. 1164, 5, amended sub- 26-11 by adding subsection (15). Ord. No. 1150, §§ sections (3) and (7 ). Ord. No. 1204, § 2 amended subsection (1). Ord. i1o. 1250, § 11, amended subsection (7) to eliminate regulations for R-3(LD) use districts and to acid the supplemental schedule of lot and building regulations for R-3A(LD), R-3B(LD) and R-3C(LD) use districts. Ord. I~To. 1267, § 5, amended subse~eisn~ d No.r1279n § 1.3, mobile home regulations on the fold out pa„ amended the schedules on the fold out pages. Due to the nature of the amendments deFa;led anal.pc;c of each is nit included. Section 14 of said ordinance repealed former subsection (9) and adopted anew- sub- ' section pertaining to the same subject but revising the requirements therein. Ord. No. 1288, § 3, amended § 26-11(G) by adding subsection (c) thereto. Ord. No. 1294, § 4, revised § 26-11(9) to read as herein set out. Prior to amendment said subsection pertained to multi-family structures built in B and HB zones. Ord. No. 1316, § 1, 5-3-71, amended § 26-11(?), "Schedule of Lot and Building Regulations for all Use Districts", "Supplemental Schedule of I.ot and Building Regulations for • R-3 Multi-Family Use Districts", and "Supplemental Schedule of Lot and Building Regulations for R-4 Multi-Family Use Districts" bSecad2 ing thereto: "For «'aterfront Properties see Sec. 26-11(16)." of said ordinance amended § 26-11 by adding thereto a new subsection Supp. No. 34 610.18.8 i ~, I I ~~ ~, r ,~ - • • -. . § 26-11 ZONING § 26-11 _ (16j entitled "Open Space Requirements-Waterfront Property". Sec. 5 of Ord. INTO. 1316 contained a penalty which has been omitted because of the general penalty in § 1-8 of this Code. Ord. No. 1326, § 2, ?-7-71, ' amended § 2F~-11(7 ), "Schedule of Lot and Building Regulations for all Use Districts", by deleting therefrom the words "NONE-except on e i h - - - c rta n Ri t of Wa -See Ma and b• addin VARIABL g Y P ~' g E See • Sec. 26-11(14), (15) and (17)." Sec. 3 of said ordinance amended § ' 26-11 by adding thereto a new subsection (17). Sec 6 of Ord. No. 1326 contained a penalty which has been omitted because of the general • penalty in § 1-8 of this Code. r ' t SCHEDULE OF LOT AND BUILDING REGULATIONS FOR ALL USE DISTRICTS Minimum Area LOT WIDTIi Minimum MINIMUM MAXI- MAXI- or Qa Bldg. Set- Floor BUILDING SETBACKS MUM MUM Lot Area .back Line Area (1) From Lot Lines HGT. NET ~ Explanation 3 ~ •~ ' ~ Per Dwelling Per For Waterfront I'ro erties p Sto- DENSI- ~ c ' ,~ ~, Unit (D.U.) Inte- Cor- Dw. Unit (2) see Sec. 26-11(16). ties TY ~ ,a; :b > ~ p~ ~ Sq. Ft. riot net Sq. Ft. Front Side. Rear Ft. ~ p ~ Single Family and Ft. ' Ft. ** Duplex-1 Acre 7-1/2 15 N/A 1.0 (1) Minimum ~G Agri- Minimum area of site Ft. Ft. Ft. of 10% width 50 26-3A floor area culture 2 acres for all 100 100 1000 ~ 25 of lot not excludes other uses except to exceed porches, when otherwise noted 15' Single 21/2 :-lA Family 20,000 100 100 1500 35 15 25 35 2.2 26-4 Single 2i/~ ~ (2) -1B Family 10,000 80 80 120.0 30 14 ~ 20 35 4.4 26-4 Single * 21/a :-1C Family 7,500 75 80 1000 25 6/15 15 35 5.8 26-4 (3) Single 21/2 :-1D Family 6,000 60 80 750 25 6 10 35 7.3 26-4 Single 21/2 :lE Family 5,000 60 ~ 60 750 25 b 5 35 8.7 26-4 Two 7,000 Lnt ~ Av. 550 21/2 2 Family 3,500 D.U. 70 80 Min. 375 25 6 10 35 12.0 * 26-5 :-3 Multi- LD) Family (Low Density) Multi- r4D Family & Motel Motc31 & Multi- -M .Family & Limited .. Business Ap~xtment or Multiple Dwlg.~ D.U.'s 1200 1= 20 1000 21-100 soo lol+ Motel - 300 sq. ft. of lot area for each motel unit as defined efer~ to Supplemental Schedule of Lot and Building Regu- lations for R-3 LD Low Densit - ( ) y Multi Family Use Districts 54.5 See (3) (apt) None 1000 20 5 10 N/A 145.0 26-5AA Sq. Ft. 150 (defined. • Motel) 54.5 - See (3) None 1000 15 6 Sq. Ft.` ** breezeways & gar or Side- street Lot Line Minimum ground floor area per structure Dlinimum 1 side 6', Total both sides 15' Not Applicable (apt) t Townhouse 5 N/A 145.0 26-5B See 26-5AA 150 (defined (4) (a) Motel ) 'upp. No. 84 EI4.19 SCIiEDULL OF LOT AND BUILDING REGULATIONS FOR ALL USE DISTRICTS ~ MAXI Minimum Area LOT WIDTH ;Minimum MINIMUM - - or @ Bldg. Set- Floor BUILDING SETBACKS MUM ~ Lot Area back Line Area (1) From Lot Lines ~'Vate~ fi ont Properties F HGT. Sto- ~ ~ lanation Exp w, a Per Dwelling '~ Per or ~ ~ ~ ~ ~ ~ Unit (D.U.) Inte- Cor- Dw. Unit (2) see Sec. 26-11(16). ries ~ -o ~ . y v , ~ p ~ Sq. Ft. rior ner Sq. Ft. Side Rear Front Ft. a O ~ ,~ _ Minimum Park 26-50 (1) Minimum Mobile Area 10 acres floor ~.~ MH Home Interior Lot See Sec. 26-5C excludes Park Average-3500 porch, Cor. Lot-3500 ~ breezeways 0 5 5 Profess 2 Acre Plan See (3) 1 & garage PRS . & Related or None ' 750 20 when front- N/A 26-5D ~ Services 10,000 Lot Sq. Ft. - ing "R" Zone 150 (2) or Side- • Shopping N/A street "Lot Line SC (A} Center. Neigh- 3 Acres None N/A d0 20 20 160 26-5E borhood ~ (3) Minimum ground SC (B) Shopping Center 10 Acres None N/A 40 20 20 N50 26-5E aloor Community per ~ N/A structure PKB Parkway Business 10,000 ___ None N/A AO 20 20 150 T.Y / A 26-5F General ~ VAKiAt3Lr:-fee sec. ,./ n 150 26-6A B ~ Business None None 'None 26-11(14), (15) and (17). ~ 15' on Public Right-of-Way HB heavy s None Norie None 10' on alley 15' abutting "R" Zone N/A 150 ' 26-6B Busines N/A "~ M Mfg. None None Nane as in HB Zone 150 26-? Planned Unit ordance to plan submitted and approved-See Sec. 26-11B (3) (5) i 26-8 PUD-R Development n acc Residential Planned Unit '1 C accordance to plan submitted and approved-See Sec. 26-11B (4) (5) i ~6_g PUD- . om Dev. n CI &/or Indust ' . f th N/A e Setbacks shall be equal to that o p x Public None use district which it faces or abuts. 150 26-9 FOR COMPLETE REGULATIONS-REFER TO SECTIONS ON APPLICABLE USE DISTRICTS. . For Special Exceptions-Bd. of Adjustment & Appeal-Refer to Sec. 26-17. For Off-Street Parking Required-Refer 'to Sec. 26-11A. Supp. No. 34 610.20 aui';.'i.i;_iil~' f'11I, - (~lli:l)UI_,I~, Or^ LO1' AND I3UII,DINC~ 1'bEGUL:~.TIONS TYPE ZONE GENERAL APPLICATION (But not limited to and to be used as a guide only) MINIMUM LOT OR PARCEL AREA _-- MIN. LOT WIDTH at building setback line MIN. FRONT building Setback MIN. SIDE or REAR Bldg• Setback FRONT BLDG. Setback (Total) -~-~---'---~ Motel and _Apartment Highway-'Tourist and Intensive Urban _ G,000 sq. ft. _ GO ft. Medium Density Multiple Dwelling Major Activity Centers and 'I4•ansitional 10,000 sq. ft. 100 ft. ____ LSI~'. Dlsl_~Itlcrs __ ~R-4C (IID) EXPLANATORY COMMENT high Density Multiple Dwelling _ NTajor Activity - --- Centers, Resort "See 3 footnotes and T3ayfront 20,000 sq. ft. 100 ft. w 1~. zrom property line or 50 ft, from Center line of right- of-way whichever is the GREATER ]3uilding heights of 20 feet or less shall require a minimum of 1v feet of building setback. 1 story .c~.rports above average street grade ~ may be constructed within b ft. of side or rear property line. 1 loot of Setback for each 5 ft. of Bldg. Ht. or thereof. (Miinirnum of 20 feet) _ For Waterfront Properties SIDE or REAR Bldg. Setback (Total) ~ _ _ see Sec. 2G-11(1G). 1 soot of additional r~etback for each 4 ft. of Ht, or fraction ~ l+,or jl~eri~~ont ~'ropert~es ---- .------ -i-"--- --- - - thereof. (Added to r_:inimum of 15' as specified above.) ~ lI+~ St~ID V/ALL H ^ S ANT' -WINDOWS-the :share of the see Sec..~GV11.1G _ The required distance between buildings located distance sha.Il b~L- on the interior of a arcel of 1 i'i;. for every 4 ft• of BUILDING IIEIGIIT P property shall be II+~ SAID titi'ALL DO?~S NOT IxAVE Ahrl' ~'VIl`dDOWS-the the TOTAL of the following requirr.ments de- share of the distance ;hall 1-:~-1 ft. for every 5 ft. of .BUILD- SEE termined by the height of the buildings and IN~G gIr~IGI.IT• EXAMPLE . whether the facing walls of said buildings have BUT IN NO CASE SI-TALL THE TOTAL DISTANCE BE- PATE I any windows. TVVEEN THE FAC~'NG EXTERIOR, WALLS OF SAID MAXIMUM LOT COVERAGE ~ --- `- - -- BUILDINGS BE LE,:~S THAN 20 FEET. -T-`- ------ 50% Oh GROSS LOCI' ARL._A ------ -__.-. USA~BI,E OPEN SPACF, --~---- -.---'- +~ _ _ _ - -- FLOOR-A~'~,EA PATIO (FAR) -_._..__...._.___ ____ _ - / ~•z•oss area 5 % gross aY•ea 15 % gross area 20 °o - Minimum enclosed - - - -- 12 Max. 1.5 Max. 2 0 M • Hotel-Motel-Rmg• ax. -- fl. area (sq, ft.) ----------------- -,_-- 300 sq, ft, per unit Not permitted Not permitted FAR-floor area =lot area per dwelling unit ~ Efficiency Ap';_ . ~ 300 sq. ft. per unit h-'iax. 3u1/q% fl, area ;375 sq ft er it Max. 33~/g% fl, area 45 . 1 bedroom apt. _ 425 sa. ft. per unit . _ , . p un x:50 sq ft per unit 0 sq ft. per unit G50 Each bedroom over 2 must hav 2 bedroom apt 55 , . sq, ft. per unit - ~ i i _ _ . :~TAXIMUM NET DENSITY 0 sq. ft. per unit :YOU s ft. er unit . q• p - 850 sq. ft. per unit m n mum of 100 sq. ft of floor ar a. See •*NOTE _ *Off Street Parking-See Sec. 26-11.A - - ---- F P i _ 34.0 54.0 ~~ - --- -~ *For Speciwl Exceptions to Usa e S S •-- or erm tted Variances in Setback Requirements-See Sec. 26-11(7; (c), and (d) g - ee ec: 26-17 "'Note: In R-4B and R-4Costandards riay varied by a decrease of 20 Jo, but an equal - be construed as average u.tit size by type; thus minimum unit size may bP number of unit f unit size. - s o that t;;-pe must then be increased 20% above ~ average or-,as an example _ _ • R-4B -------- - _ ._ . .----- -- . Average - Sq. Ft. Ra Allowable nge (20 °o -I- -.) R-4C Average Allowable S Ft Efficiency '375 305--446 . q' `~'0 Range (20% -}- -) One Bedroom 550 ` 440-GGO - 650 ~ 3G0-- 540 ~ wo_ Bedroom 7(I0 , 560-840 850 520- 780 Stipp, No. 34 . 680-1020 G1021 ULE OF LOT .AND BUILDING RI:(YULATIONS For R-3 (LD) Low Density Multi-Family Use Districts - - R-3A R-3B --------, R-3C ~__ ....- --. - D1I?~T~MUM LOT OR PARCEL AREA .15,000 sq, ft. 15,000 sq. ft. 15,000 sq. ft. MIN. LOT WIDTH at building 150 ft: 150 ft. 100 ft. setback line FRONT 25 ft. 20 ft. 2.0' F -}- R = 50' . ' BUILDING SIDE Total 15' Min. G' 15 ft. '1'utaf 20' - Min. 8'~_~ SETBACKS REAR 15 ft. 15 ft. LO` I~' -{- It - 50' I~'or Waterfront Properties see Sec. 26-11(1G). ,_ _.___-- _ __ - 1 Story-45% MAXIMUM COVERAGE OF LOT (%) 5U% 50% 2 Story-30% 3 Story-25% MAXIMUM HEIGHT 2 Story 2 Story 3 Story MAXIMUM DENSITY OR Floor Area Ratio. Floor Area Ratio 1800 sq. ft. of FLOOR-AREA RATIO 0.5 1.0 Lot Area Per Unit MINIMUM FLOOR AREA FOR 37S sq: ft. 450 sq. ft. EFF. 375 sq. ft. DWELLING UNITS - 550 sq. ft. 650 sq. ft. 1BR. 550 sq, ft. 700. sq. ft. 850 sq, ft. 2BR. 700 sq. ft. MAXIMUM % IN EFF. UNITS 25% of Floor Area 25% of Floor Area ' 25% of Floor Area iViAX. $~ OF UNITS o Maximum 6 Units Not PER STRUCTURE. in Row NONE Specified ~1NIMUM USABLE OP1JN SPACE 25% of Gross Area 30% of Gross Area Not Specified MAX. $~ OF UNITS PER ACRE 16 20 24 Supp. No. 34 $10.22 !~ i BA CKS O1V :SOT OR PA RCE L 26-11 {7}SUPPLE ME\TTAL SCHEDULE (applicable to R-4A, R-4B, & R-4C only) TABLE A.~ ~ TABLE B FRONT SIDE AND REAR each Assumes 1/2 street ~ REQUIRED BUILDING SETBACK right of way is a Min. ~ of 30 ft. ~ ~ TO !ADD SETBACK EQUALS-, ~ •' ( Minimums RATIO 1 : 4 TOTAL BLD'::•~ : °~` i:~a~TBACK •:...DG. t-IEIGr~.`:t ,`:h.'::~imum (20') I I HEIGHT Building ~ (1 ft. of setback SETBACK IN I cir Ratio IN Setback 'fox each 4 feet REQUIRED FEET ~ 1 ft, to 5 ft. ( FEET in feet. of Bldg. IN FEET Setback : Ht. Height. ) ' I I _10 20 20 30 ~ s ~t 0 ; ~ . I 5 0 ~ -~_ _..__. 60 70 80 . 90 10~ 20 110 22 120 24 130 26 140 28 r 150 30 No limit =Continue EXPLANATORY COMMENT- BUILDING SETBACK DETERMINATIOiV AND DISTANCE BETWEEN' BUILDINGS 10 ~ 15 2.0 """~ 15 i 28 ~ 15 £~ 15 4~ 52 ~ 1~ l~ 60 15 68 15 76 j 15 84 15 92 ~ 15 100 15 108 15 116 ~ ~ 15 124 15 rdo Continue limit 15 • ~ ~ (Building h p h i + t 0,' e g . 20 ft, or + 1 under) 7, p• +~ 9.0 + 11. 0 + 13. 0 + 15. 0 + 17. 0 _+ 19. 0 . +~ ~- 21. 0 + 23. 0 + 2 5.. 0 + ~ 27. 0 + I 29. 0 + 31. 0 + j C onti.nu 1 J = Min. 15. 0 22, 0 = 24. 0 = 26.• 0 = 28, 0 = 30. 0 = 32. 0 = 34. 0 = 36.0 • - 3$.0 _ ~ 40. 0 = 42.0 _ 44.0 ___._ = 46, 0 -~ Continue ~i • PLATE I REQUIRED DISTANCE j ~ BETV/EEN L-' UILDINGS - Located o;~ tl~e Interior of a parcel of property ~ EX:E1 MPLE =: 2 buildin~;.s "A" and "B" . •each 100 f*,~ Bldg Ht. . BLDG A has exterior facing wall with windows. Share of distarice j is 25 ft. (1 ft. fo•r 4 ft of ~It. ) BLDG B has exterior facing wall that does not have any vtiindq~~s. Share of di~~~h~c ~~ ~~ f~. (1 £t, fA~ his®~y 5 ft. of Ht~. ) ~ .BLDG A ` ~ windows on ~ wall facin g A' 2s, blda B. 25' (1:4) BLDG B. , ~• ~ No windows ~ ~ ~ ~ n wall facing B. ~ • ~ ' `~ ~ A. i ~ / B. ~r Required 2~' + 20' Distance between = 45 ft. facing buildings •, • ` ~ • ~ ~ ~ ZON1'~~ § 26-11A ._ § 26-11A c Sec. 26-11A. Off-street parking Teg~irements. (1) TO W x0144 AppLICABLE. The following off-street parking and loading space require- ments apply to all new building, additions or change of -land use within the City of Clearwater as of the date of passage of this amendment except the central business district which shall be exempt and is described as the area bounded on the north by Drew Street, on the east by Riyz-tle Avenue, on the south by Chestnut Street and the line of Chestnut Street . extended to Oak Avenue, and on the west by Oak Avenue and Osceola Avenue linked by a short segment of~ Haven Street. (2) DF~'INITION5. (a) For the purpose of this section "off-street parking space" shall consist ~ of a minimum net area of one hundred and eighty (180) square feet of appropriate dimensions for parking an automobile. Off-street park- ing area as required shall be the proper number of spaces as required in (4) plus the access drives and Fnaneuvering space thereto, all to be within the prop- erty lines. (b} For the purpose of this ordinance [section] "floor area" in the case of offices, merchandising or service types of uses shall mean the gross floor area used or intended to be used for. service to the patrons or ten- ants, including areas used for display or sale of mer- chandise. (c) For the purpose of this ordinance section] "a place of public assembly" shall mean 'a building in which pro- vision is made for the congregation or gathering of seventy-five (75) or more persons. Reference is made to Southern Building Code as to specific buildings in- eluded in this general category (3) GE1.rEItAL PROVISIONS. (a) A plot plan to scale: meowing the required off-street . parking area shall be: submatted with ~hie2buisd mgde.~ It when application. fc~r a building p SUFP. No. 29 ~10.~~4.1 r F 4 I a a _7 :t t y_ c rh 3 t I • • S §' 25-11A CLEAKWATER CODE § 26-11A shall show arrangement as well as adequate area for proper ingress and egress :and shall be subject to ap- _ proval by the building official. (bj A computed .gross area use an~:Iysis indicating "floor • area" .as defined shall be recorded on the building plan. (c) Area reserved =for off-street parking or loading in ac- cordance 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. (d) Required off-street parking or loading area shall not be reduced or changed to any other use unless the per- mitted use which it serves is discontinued or modified, except where equivalent pai king or loading space is provided to the satisfaction of tixe 'ouilding official upon which evidence a parking lot occupancy permit will be issued. (e) Parking spaces shall be reserved for the sole rise of the occupants of the building or lot and the visitors thereto. Ho`vever churches, theaters, auditoriums, com- munity buildings and other similar places of assembly may make arrangements for joint use of parking space with the uses as in (f) and (g) below. (f) Sixty per cent of total requirements of parking spaces for places of puk:lic assembly may be provides by ob- taining the right to use permanent parking areas of stores, office bui}di.ngs, 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 afver the business hours of such stores, etc. Appli- cants in this category shall furnish evidence satisfac- tory to -the City of Clearwater that said areas fulfill all of the requirements of this o~ dinance [section] . (g) til~ ~o thirty per cent of total regt~iremenj_.s of parking spaces for places or" public assembly may be n:et from curb parking spaces that are available within five hun- dred {500) feet of the place of public assembly on streets where parking is permitted. The building of- ficial will determine this allowance to pre~~ent conflict with other similar demands. supp. To. 29 610.24.2 i ~-• _• <' f fi. r i 26-]lA ZONING § 26-11A (4) SPACE IdEQUIREMENTS. (a) The following minimum off-street parking spaces shall be provided at the time of the erection of any main building or structure or at the time any such building or use as indicated below is expanded. Group A (by units or dwelling units) : Single-family One space per dwelling unit ' or duplex Multi-family, .One space per dwelling unit or • motel apart- separate motel unit ments Multi-family, 1.5 spaces per dwelling unit apartments when located in an R-3 (LD} •District R-4A District 1 space per• dwelling unit or separate mote] unit R-4B District 12 spaces per dwelling unit R-4C District First 20 dwelling. units 2.0 • spaces per. dwelling unit • 21 and above dwelling units - 1 space per dwelling unit R-4D District 1 space per dwelling unit or sep- arate motel unit Group.B (by guest rooms) Hotel, tourist One space for every ttivo guest home, rooming ~ rooms nr suites for the first house, boarding- twenty, and one for every house four guest rooms or suites in excess of twenty. Group C (by floor space) (1) General offices, One parking space for every office buildings, 600 square feet of gross floor offices of per- space or fraction thereof (a sonal services ratio of parking space to floor exclusive of sale space of 1:3) of commodities Supp. No. 25 • 610.24.3 .~..~_. •f. f -v ~. ~ 26-11A CLE~RIVATER CODE ~ 26-11A (2) Retail store, in- One parking space for every volving es- 200 square feet of gross-floor change of goods space or fraction thereof (a (e;ccept as ratio of 1:1) stated in (3) ) (3) Restaurants One parking space for every over 1000 ~ 100 square feet of gross floor square feet in space or fraction thereof (a floor-area ratio of 2:1) (4) Public assem- One parking space for every 75 bly buildings : square feet of auditorium Church seating area. ThQater Auditorium Community buildings and similar <,. SUPP• Na. 25 ._ i i { i 610.24.4 ti r. ,`_ • § 26-11A ZONING . ~ § 26-11A c - ' Group D Miscellaneous (employees or combination of above) (1) Industrial, One parking space manufacturing, ployees Per 3 em- processing plants, or ' wholesale warehouse (2) Hospitals One parking space for each 2 beds (3) Convalescent or One parking space for each 3 nursing -home beds • (4) Doctors' Three spaces for each office for offices a doctor plus one space for . each permanent staff includ- ing the, doctor. (5) Mortuary or One parking space for each 3 funeral home seating capacity of chapel and any other area used for seat- (b) For buildings of mixed~nus sort~eneral services required shall be the sum of the requ i ekment f fora the various uses, computed separately in accordance with this ordinance [section]. Parking facilities for one use shail not be considered as px•oviding the parking facili- ties for another use, except in the case of motel, hotel or similar transient accommodations when supporting other uses under the same management or ownership. ' Such conference and/or assembly rooms, restaurant, bar or commercial recreation facilities when combined shall have a requirement of 100 ~o of the principal use (by units or guest rooms) plus 40 y~ of each of the accessory use requirements in summation. (c) In the case of a use not specifically mentioned in this ordinance [section] the requirements for off-street parking facilities for a similar use which is mentioned ° shall apply. (d) In the case of a use not established fox• all or a portion of a building to be constructed in a business zone the requirements of a retail store shall apply. SUPP• No. 32 610.25 ~ ~~ § 26-11A CLEARwATER CODE § 26-11A (5) LOCATION. (a) Parking spaces for all dwellings shall be located on the same property with the main building or on ad- jacent property. (b} Parking spaces for other uses shall be provided on the same lot or not more than five hundred (500) feet dis- tant. (6) DESIGN ANB CONSTRUCTION. (a) Any off-street parking area for more than five (5) vehicles shall be sul•faced so as to provide a durable, stabilized, and dustless surface, shall be so graded and designed as to~ dispose of all surface water, and shall be subject to approval by the. office of the city engineer.. All off-street parlcing areas for more than five (5) vehicles shall be beautified and landscaped in accord- ance with standards approved and established by the parks superintendent of the city. Rio parking construc- tion permits shall be issued without a landsc^lrng plan which complies. with the standards so established. (b) No part of any parking space shall be closer than three (3) feet to any established street 1•ight-of-way or alley line. In .case the pal•king lot adjoins any "R" district, it shall be set back at least five (5) feet from the "R" district boundary and shall be effectively screened by planting or fencing. (c) Any lighting used to~ illuminate any off-street parking area. shall be so arranged as to direct the light ativay from adjoining premises in any "R" district. (7) OFF-STREET LOADING RERUIREIZENTS. (a) Defiraitian. For the purpose of this ordinance [section] the tGrlil G~l'=~l.il:t:i. 1Q7~iliTa :i~::,;~~ STlilti CG11;ii.uL va. <:i minimum net area of three hundred (300) square feet of appropriate dimensions for loading a vehicle, ex- clusive of access drives or aisles thereto. (b) Space. . (1) Permanently maintained off-street loading area will be provided on the same lot or tract of land when structures for the. following uses are erected, established or expanded. Supp. No. 22 610.26 - • ~ _ '~ ' - ~ § 26-11A ~ ZONING § 26-11A Business office, hotels, ~u~icient space so as retail business, restau- noi;: to hinder the free rants, manufacturing, m~~ment of vehicles wholesale business and anrli pedestrians over a warehouse with a si~ie*a~alk, street ar aIley. gross floor area of less than 5,000 square feet. the above and hos- CUh~ (~) space for the pitals and institutional ~~. ~~,OOQ gross square buildings, with a gross fast cor less and one (1) floor area of 5,000 arlcl'~ spa:.e for each ad- square feet or more. dit~~ X0,000 square feet o~ 'fraction thereof. Hotels and office Qne ~~~ space for the buildings, with a gross fist 2~,~130 a oss square floor area of 75,000 fhst a~~$ ~:n added space square feet or mere. f~:~ ear additional 125,- . 0~0~ s~a-e feet or frac- t5im: tl~e~~©f. (2) Where a use is not spe~3~i`~]~,y me~fioned in this section, the requiremenY~~~ f"~* ldhag foci?ities for similar use which is mc~ntinna~fl slt~~l apply. (3) Loading space shall be. pei•rr~..'~..~$ a; for off-street parking space. (8) BEAUTIFICATION PLOT PLA~i. (A) Objective. The purpose of tYita: s~tian is to improve the appearance of off-strec-~ ve~i~ular parking areas in Clearwater and to protect and' deserve the appearance and value of the.surroundi~g n~s~barhoods and by so doing promote the general welfare through the in- stallation and maintenance. of landscaping for screening and aesthetic effects. (B) Definitions. (1) La~adscapin.g: ~,andscaping shall consist of any of the following or combination thereof : 1liaterial - such as, but not limited to,, grass, ground covers, shrubs, trees and inanimate durable material com- monly used in landscaping, such as rocks, gravel, sand, walls or fences or other landscaped materials. Snpp. No. 31 s1~.2~ a • . § 26-11A CLEAR•w:1TER CODE § 26-11A s. ' (a) Trees: Trees are defined as self-supporting woody plants of species- which. gro`v normally to an overall hei ht of a minimum of fifteen • (15) feet in the Clearwater area. (b) Sh•r°ubs: .Shrubs required hereunder shall be self-supporting, woody evergreen. species in- ' digenous to the Clearwater area. (C) Landscap•inq requirements. All areas used for more than five (5) vehicles of any and all types shall con- .. ~ form to the minimum landscaping requirements here- inafter provided. Areas. used for parking or other vehicular uses for single, two-family and triplex uses ' when- platted as individual lots are excepted from these requirements.. _.~~ . (1) Plat approval. Except for single and two-family dwellings, prior to the issuance of any permit for paving under the provisions of this section, a plot and planting plan shall be su~nlitted to and be approved by the building department of the City. `-~. The plot plan shall be drawn to scale, not less than 1"-50', and on standard sheet size of 22"x36", in- • eluding dimensions and indicate •clearly by de- ______ lineation the existing and proposed parking spaces or other- vehicular use areas, access aisles, drive- - _ ways, hydrants, source of water supply for plant- . ~ ing, and the location and size of all landscape materials, including location of planting protective " devices, the location and size -of buildings, if any, to be served, and shall designate planting by name (a SL1ggeSted list of desirable and undesirable plal:tS 18 Oil fll°, lii ti1C: b'~lll'ili jam'' iii;~il.1r.~.TTiclit% iLll li shall locate the plant material to be installed or, , if existing, to be used in accordance with the re- quirements hereof. 1\TO construction permit shall be. .issued unless the plot plan complies with the pro- visions hereof. • (2) Installation. All landscaping sl7ail be installed per plan as approved. Property is to be inspected by building department prior to occupancy permit. ~~ Supp. No. 31 } 61028 s • -~ 4 1 a t __-r-- § 26-11A ZONING § 26-11A (3) 1tlaintenance. The owr„ex, tenant or their repre- sentative shall be jointly: zesp~nsible for the main- tenance of all landscapii.~ ~uT~seh Shall be main- . tained so as to present a }maa'~y, neat a.nd D~el•13r appearance. (D) Plant material. Plant materia-lb~ ~- Lander t~a~ pro- visions of this subsection shall ¢~mrffwrffi to thou an the suggested list and shall meet tf31~ f®fllo~: ing aequire- ments (1) Trees. Species shall have trunks. having cPear wood of six• (6) feet minimum; muitipTe stzrn trees may be used. Species shall have a minimum overall height of eight (8) feet irrtmediatefly after planting. (2) Shrubs. A minimum height of .eig~meen (18} inches is required.. If shrubs are used; as hedges, a con- tinuous unbroken visual screens ~tauld be effected upon attainment of maturity. - (3) Ground covers. As a subatitut~ t'•~r ~•ass ass all or part of the areas to be turfed, ~~ai.d caired. giants may be used. (4) La2vn grass. Turfed areas ~u~ be planted with species of grass normally ?tom gor lass?n, ~ the Clearwater area. . (E) Landscaping adjacent to publia.+ :~u,~rlgts-of-zva~. EVhere azI area for off-street parking;• t~ci y not be screened visually by an intervening builcl~~ Qr other structure from any abutting right-of-wa•zr,, egeluding service al- leys, landscaping• shall be provii;t'ed~ Between such area and the right-of-way. (1) A strip of land averaging %iu~ (5} feet in width, located between the abuttitg right-of-~vay and the off-street parking area s~a13 be landscaped to in- elude a minimum average o£ cage (1) tree for each fifty (50) linear feet thereof.. In addition, other . planting groupings shall be pia<ced aIong• not less than twenty-five per cent (2~~0) of this lineal frontage. If such barrier is of inanimate material, a minimum average of one (1): shrub is required for each ten (10) feet thereof planted on the right Supp. No. 31 610.29 3 • CLEARWATER CODE § 26-11A § 26-11A of way side of such barrier. _The balance of the. re- quired landscaped area shall: be planted.to grass or grounds cover or ether landscape treatment. (2) Necessary access~vays from the public right of way through all such landscaping will be permitted to service the .parking or other vehicular use areas. (3) All property between the paved area and including the right-of-way and the landscaped strip ((E) (1) above) shall be turfed or plar_ted with ground cover as a minimum requirement. (F) La~zdscapinq relati7ty to abutting si~rzg.~le family or dv.- plex residential properties. Similar to section (E) above, where a parking aria is not entirely screened by a building, fence or other structure from abutting single family, duplex or triplex residential property (as defined) that portion of the common az•ea not so screened shall be provided with ahedge, -wall or ot'ner durable landscape barrier, not more than. six (6) feet in height or less than three anal one-ha.lf (31j•~) feet in height ~to form a continuous screen. Provided. such barrier is of plant material all or in part, the planting strip shall be not less than three (3) feet in width. (G) Parltiirt~ area interior landscaping. (1) All planting areas except those on the periphery (as described in sections (E) and (F)) of a park- - ing lot or area shall be raised or curbed. (See (6) below) (2) Interior of parking lots shall be planted in accord- ance with the requirements of 10,000 square foot units (providing parking space for appro:~imately thirty (30) vehicles). In each 10,000 square foot unit there shall be a minimum total of 400 square feet of planting area consisting of separate sub- areas. Each 400 square feet .shall include a mini- mum of two (2) trees. The area. for each shall no; be Iess than five (5) feet at lec~st in dimension. Supp. No. 31 ~ 610.30 y f e ~~ i • ~~ Q `_ --. § 26-11A ZONING •` .. \ § 26-11A ' (3) Tl~e total planting area for a unit may be reduced by 100 square feet if .such amount is relocated else- where as to emphasize an entrance corridor or fea- ture. (4) When an interior planting area unit includes a peripheral area (as described in sections (E) and (F) ), a reduction in the planting requirement for the unit shall be proportional to the amount of the peripheral footage that is in common (coincident) . Ir. such instance only one planting area is then re- quired which would ir_clude the remaining separate square footage. (5) For individual parking lots with greater than five (5) and less than thirty (30) parking spaces, a proportionate amount of the planting requirement shall be met. ' . (6) In order that there shall be safe access to parking spaces, landscaped strips shall be arranged as to divide parking corridors and to limit "cross taxi- ing" through open parking spaces. (A) Landsca~ring adjacent to rights-o f-wad. To minimize traffic hazards, when an accessway intersects a public right-of-way or when the property abuts the • intersec- tion of two (2) or more rights-of-way, all landscaping shall provide unobstructed cross visibility at a level 'between three (3) feet and six (6) feet. Landscaping other than grass or ground cover shall not be located closer than three (3) feet from the edge of accessway pavement. - _ .. (I} Other applicable regulations. (1) The provisions of this section shall apply to new off-street parking and to additions to existing off- street parking as required under section (C) above. • (2) The provisions of this section shall be subject •to other applicable regulations where such regula~ tions are more restrictive and are not otherwise inconsistent with the provisions of this ordinance. ° Supp° No. 31 610.31 J k t . +. 1 i 1 t ;` :; ~, . CLEAR~VATER CODE § 26-11B § 26-11A (3) Decision of building inspector may be appealed to board of adjustment and appeals on zoning with recommendation from beautification committee. (Ord: 1~TO. 9'52, ~ 16, 11-19-f 2 ; Ord. I~To. - 985, § 5, ' 10-7-63 ;Ord. No. 1072, 5 4, 12-6-65 ; Ord. No. 1098, 16, 11-7-66 ; Ord. 'No. 1119, S 10, 10-2-67 ; Ord. No. 1162, § 3, 8-5-68 ; Ord. No. 1150, § 6, 7-7-69 ; Ord. No. 1250, 5 12, 3-16-70 ; Ord. No. 1267, ~ 6, 5-18-70; Ord. No. 1279, § 15, 9-8-70) Amendment note-Ord. No. 952, § 16, amended Ch. 26 to add § 26-11A. Ord. No. 93a, § 5 amended (4) (b) to read as now set out. Ord. No. 1072, § 4, amended (4) (a) to provide off=street parking requirements for motel units, convalescent or nursing homes, and doctors' offices. Ord. No. 1098, § 16, amended. (4) (a) to delete from Group C regulations for funeral home chapel" and to add to Group D regulations for "mortuary or funeral home." Ord. No. 1119, § 10, amended (4) (a) Group A. Ord. No. 1162, § 3 amended (6) (a) by aadirg the last ts~o sentences thereto. Ord. No. 1150, § 6, amended (4) (a) Group A. Ord. No. 1250, § 12, amended (2) (a) by increasing the minimum net area required fur parking spaces from 160 square feet to 180 square feet. Ord. No. 1267, § 6, added the provisions for off-street parking in (2) (a). Ord. No. 1279, § 15, amended § 26-11A by adding subsection (8) thereto. Sec. 26-115. Planned unit develapments. (1) Tow7ilaoecse Develop7izents-Processing. A preliminary Townhouse Subdivision Plan shall be submitted prior to or coincident with a Townhouse Structure-Site De- velopm@nt Plan. This will be processed in accordance `with the Subdivision Ordinance 632, as amended [chap- ter 20 of this Code], and in conjunction with the Town- house Structure-Site Development Plan, and approval of both shall. be prerequisite to building permit issu- ance. Building plans for Townhouse structures :Shall be so noted "Townhouse-intended for unit sale." Suild- ing plans may be submitted prior to Subdivision Plat approval and 'I,otivnhouse Structure-Site evelopment Plan approval but permit shall not be issued until processing of the above has been completed by the proper agencies. (2) To2c7alzouse St•~'ueture-Site Development Plan-Reg2cire- • merats. (a) \rame-indicated by term "_________._____ Townhouse." Snpp. No: 31 610.32 ' ~ tr .. • ~ • !~ ~~ § 26-11B ZOI~TING § 26-11B • - (b) Parcel of land-ownership survey with indication of lot area divisicn to be sold for erection of Town- . house structure and each individual unit as it is a • component of the structure. (c) Minimum parcel of 10,000 square feet. (dj Minimum lot area per unit-1800 square feet in- _ eluding access alley to be dedicated or right-of-way • easement of access. ° (e) Off-street parking space-160 square feet mini- murn per unit (with reasonable maneuver arrange- ment}. Location to be approved by the Planning and Zoning Board. (f) Access alley of 20 feet or easement of 20 feet to ' ~ be paved with 18 foot roadway if 2-way and 12 foot roadway if one-~vay (assumes loop arrange- ment) . (g) Structure setbacks (mi.nimum) . - ` 15 foot front setback (street frontage)-corner lot - involves two streets. 5 foot side setback (20 feet if involving alley or easement) . 10 foot rear setback (if not involving alley or easement) . (h) Units Maximum number units per structure _________________________ 10 units Minimum floor area per unit _______ 600 square feet Minimum width per unit _______________ 18 feet (i) Statement of approval by Planning and Zoning Board, City Engineering Department and any other jurisdiction. (3} Planned U~tit Development-Pesidential; scope and application. Amulti-structure .site development master _ play. shall be submitted prior to building permit is- suance when such Planned Unit Development-Resi- dential zoned parcels involve the construction andior residential usage and accessory service uses of two (2) • or more structures on a parcel of land of four (4j Supp. No. 31 610.32.1 4 i '~ i i l .~. -~.. .~ i i 't' z- ~- E 1 ~ 26-11B CLEARWATER .CODE ~ 26-118 acres or .more. Such intensity of .usage may deviate from the conventional. and specific requirements of the . other residential zones in which it may be located, but such plan shall assure an intentional meeting of standards heretofore set forth as reasonable and in the interest of the public welfare. Such plan shall conform to the applicable requirements set c.ut in subparagraph (5) below, (4) Planned Unit Developments-Residential in combina- tion with commercial, or com~nercial i~z combination with industrial, commercial andJor industrial; scope and application. A mufti=structure combination Site De- . velopment Master Plan shall be submitted prior to build- ing permit issuance when such Planned Unit Develop- ment-Residential in combination with Commercial (Commercial to ~be no greater than twenty-five per cent (25%) of tract) or Commercial in combination with Industrial, Commercial and/or Indtatrial ?rred parcels involving the construction and/or commercial industrial usage of tTvo (2) or more structures on a parcel of land of forty (40) acres or more with a mini- mum frontage on a public right-of-way of not less than two hundred (200) feet. Such plan shall conform to the ___ _ applicable requirements set out in subparagraph (5) below. (5) Requests for zoning for Planned L'nit Developme~at- Residential ar• Conz~nercical o~• Industrial or an~~ com- bination tlcereof shall be submitted to the city clerk as a normal zone request but shall also,irclude a Site De- velopment Master Plan to be simultaneously submitted to the Planning and Zoning Bcard. Suez plan. mav.d si^•- nate sub-~:-re~s .tu._bc..del;eioped by phase. The 1`,3aster Plan shall hereafter- be referred to as f;he plan and shall conform to the following requirements and information requested for the purpcse of zoning as a Planned Unit Development. The plan-Prezoning stage (a) Coycte7zt and info~hnatio~z on the plan or s2cb~~tittal documents: Supp. No. 31 610.32.2 I • ~ , r ~ _~ • s § 26-11B ° ZONING § 26-11B (1) Name, she location, .legal description, and acreage content with statement of proposed use. (2) Drawing showing parcel of land-ownership survey with indication of size and location of functionaa areas and adjoining ownership and existing physiographic features. (3) Interior circulation as related to accesses to surrounding area. (4) Locatior~.~ lot coverage, height, and character of all structures; if residential, indication of proposed number of dwelling units and com- puted density of area. • (5) General drainage pattern existing and pro- posed; e~.'isting and proposed dedications and! or easements for access, and utilities within the pazceI and the abutting ownerships. (6) Off-street parking requirements in accordance ' with usage in section 26-11A. (7) Residential developments iii excess of one acre shall provide a minimum of five per cent (5°fo) of gross area for recreation, in excess of seven (7) acres, ten per cent (10%) of such total area shall be provided. (8) In PUD=CI, a ~ market. analysis maybe re- quired fmr ~pporting evidence of need for -- business ararl±aor industrial uses. (b) Processing of ~e Plan-Prezoni7ag, predevelop- ment stage; (1) The above contents shall be submitted as the plan for iiutial zoning. Upon receiving the Planned Unit Development Zoning, sub plans, if considered. as independent units, may be ap- proved separately for further processing b5- the planning and zoning board, city ~engineer- _ ing department and any other agencies affect- ed. Planning and zoning board may require that sub plans and schedules for high intensity use shall indicate minimum per cent (%) of area devoted to each development type. Supp. No. 31 ' 610.32.3 ~~°", ~f • t { r i CLEAB,SVATER CODE § 26-11B § 2s-11B (2) Such plan intent shall become effective and operative upon final approval by the city com- mission for Planned Unit Development Zon- i~ig. The city commission upon granting a PUD type zoning shall at that same public • hearing determine any further public hearing requirements. involving the final plan adoption and/or shall assign in lieu thereof the respon- sibility for administrative review of the final plan before its official acceptance byahe The commission. (without public hearing) above public hearing reduirement determina- tion may be based upon the following criteria • (but not limited thereto) (a) The completeness of the infub?na~iearing. plan status at the zoning p (b) The size and proposed density of the project. (c) The peripheral accesses .and traffic pat- - terns so created or produced. (d) The nature and effect of the development upon existing and future utility exten- _ sions or city services. (e} The extent or effect of the proposed de- _ velopment upon and the concern of abut- • ting property ownerships. (3) Planned Unit Development zoning as approved shall be so designated by parcel or area on the zoning map. The plan as submitted and ap- proved as set out in (6) (a), (b), and (c) shall be the guide to the issua~Tti~ularypz col building permits for that p , clesignatecl rl.1D:'Tiie zuiiil'b usaa~ u;:1~~~if~:~- tion shall suffix every PUD designation on the zoning map. (Example: PUD-:. or PUD-CI) (6) Fi~zal pla~z appro~~al p~•ocedure. (a) The- applicant having accomplished the PUD zon- ing. as in (5) above must submit a final plan or Supp. TTO. 31 610.32.4 ., - ~, i t ' ~ ~~ i f i § 26-11B ZONING. § 26-11B. sub plan for consideration by the planning and ' zoning board. Such time between the establishment and final plan submittal shall not exceed six (6) • months with privilege of applying for one (1) six • (6) month extension (approved by the city com- mission) (b) The planning and zoning board shall make recom- mendations and submit its decision based upon the following considerations, but shall not be limited thereto (1) Intensity of land use pattern of adjoining. area. • (2) Compatibility of development as to physiogra- _ phy, intensity of land use, structure heights and arrangements of structw'es within the ` : plan as• it is related to adjoining area, FHA -----~ Land Use Intensity, Ratings will be used as a - guide, ' (3) Design and adequacy of circulation, parking ;~;. and services provided. (4) Total development as it conforms to the com- prehensive land use and major street plan of . the city. (c) The planning and zoning board shall forward the final plan or sub plan to the city commission with : 'f~" the board's recommendations. At such time the - city manager shall direct the city clerk to advertise for a public hearing on the plan or sub plan and notify the owner in similar manner as for zoning- except property need not be posted. The public hearing shall be held at the time and place set forth in the notice and the city commission shall rule upon the proposed Planned Unit Development at the conclusion of the public hearing. (d) Upon approval of the city commission, the city manager shall cause the plan to be recorded in the office of the city clerk. The plan or sub plan and a ~ • • certification of compliance to the plan or sub plan Supp. No. 31 610.32.5 '. ~ - ~ ~ '~ ~ § 26-11B CLEARWATER CODE § 26-11B shall be executed by the owner and shall be of record with the building official or such depart- ment as the city manager may direct. (e) Upon recommendation of the city manager. and the • city engineer, the city commission may require a performance bond or equivalent to insure proper completion of Planned Unit Developments associ- ated by scale or time schedule to public service or to an adjoining usage affecting the public wel- fare. (7) Tine executi~rra of plan ova sub plan; cleuelopme~rLt, •major changes: ' (a) No cQrtificate of occupancy shall be issued for any building until after street improvements and utili- ties have been completed according to the plan or sub plan and final inspection has been made with the approval of the city engineer of such phase as shown on .the plan. Sidewalk construction schedule shall follow buildin - constr?action. (b) All major changes iii the plan or sub plan shall be processed.. in like manner as the original. tiVhat constitutes a major change shall be determined by the city manager based upon repor'cs from proper municipal departments. ' . (c) Upon transfer of ownership of any Planned Unit Development before completion, a new certification of compliance to the plan or sub plan shall be ex- ecuted by the new owner and shall be acknowledged by the building official. The plan or sub plan under _ such transfer, if without change, shall not require a repeate 1 processing and .approval. (d) Approval of the plan or sub plan shall become void if not sixty per cent (GO%) completed within a period. of time established by the city commission (determined at the time of plan acceptance and approval). Such slate of completion shall be deter- mined, by the building official. Cupp. No. 31 610.32.6 . • ~~~ § 26-11B BONING § 26-11B . . (e) cRequest for exfensions of time period necessary for the plan or sub plan shall be made in writing to the city manages and shall be approved by the city commission. (f) Reinstatement o~ sucl? recorded plan which has become void sha~~l rewire reapproval by the agen- cies involved a~~~ ~,~e G~ e~mmssion in accord- ance with section: ~~1IS ~~) (b). (Ord. No. 1007, § 24, 4-G-64; Orcl:, ~,c~~_ ~~~~, §; 1.7, i1-7-66; Ord. No. 1119, §§ 11, 12;; 1.C~-'2-67'; ord. No. 1279, § 16, 9-8-70) Amendment note-Ord. No. 1XiP:.r, ~; ~ amended this Code to add § 26-11B. Ord. No. 169th, § 17, amc~'edi § 2~-11B to add subsections (3), (4) and (5). Ord. 1vTo. 1119, §§ Ll' a:nd 1~,. adopted and effective Oct. 2, 1967, amended § 26-11B, subsection: (3) and (5) (d) (3); respectively, to read as herein set out. Ord. No.. I!J r:9'+„ § 1~~, repealed former subsections (3), (4) and (5) and adopted ncnv ~nbs~iors pertaining to the same subject. Due to the nature. of tilie ~ate~asal, a detailed analysis is not included. Said section also added:~~`ecte (6~ and (7). Supp. No. 31 610.32.7 ~--- s • ~ ~- ~. § 26-11C ZONING Sec..26-11C. Service stations. a § 26-11C (1) Application submittal.: All applications for building permit for automobile service stations must. be in accordance with the requirements set out herein. Such consideration shall include possible adverse effect on pedestrian safety and vehicular traffic circulation. Such general architectural de- sign and site plan development shall be sc:bject to recommenda- tion by.the planning and zoning-board, the city engineer and the traffic planner. (2) Criteria of Plan review and approval: INTO building permit, certificate of occupancy, or certificate of zoning com- pliance issued on the basis of an application, or plans sub- mitted therewith, shall be valid or shall be construed to per- mit construction, occupation or use of land or structures, if the application or plans are not in accord with (a)~ Minimum lot size to be at least 10,000 square feet in area with a minimum of an 80 foot frontage on the principal thoroughfare. (b) "-The floor. area of ally automobile service stai;ion aced for repairs on vehicles, which repairs are other than temporary or minor service repairs, shall be structurally enclosed. (c) The driveway and service area adjacent to the building and' pump islands shall 'oe paved in accordance to standards established by the office of the city engineer. (d) In any district in which an automobile service station is permitted, all gasoline pumps, dispensing islands, or other appliances shall be located not less- than 15 feet from the street right-of-way or property line. (e) Trash storage shall be in an accepted fireproof con- tainer approved by the City of Clearwater. Buis for 5U~li.. E,Lii j)i1,8 Siiaii i:i~ fii'Ol'li'uli,eu. Vi 1jd11 L1'a~it JLUrage is located within the building, it shall be in accordance to Building and Fire Codes of the City of Clearwater. (f) Signs shall be in accordance with the Sign Ordinance of the City of Clearwater, as amended. (g) The plans shall provide for erection along the property line or lines separating said automobile service station site property from any adja,~ent residential zoned or Sttyp. No. 22 610.33 • .. 26-11C ~ CLEAR.WATER CORE § 26-I1D used properties, of an opaque f.~~~ of least six (6) feet in height, of constructio~r, ~ and material to be approved by the building e3,~'flc~ of the City of Clearwater, to serve as a screern bet~~n said proper- ties. (Ord. No. 1098, 5 18, 10.- r -66 ; Off. \ o. 1162, § 4, 8-5-68) Amendment note-Ord. No. 1098, § 18, amended Ch. 26 by adding § 26-11C. Ord. No. ?162, § 4, amended § 26-11C(2) by adding para- graph (g). Sec. 26-11D. Travel parks. (1) STATEMENT OF PURPOSE It is the purpose of these standards to provide minimum de- velopment guidelines for a travel park designed specifically to accommodate the recreational vehicle of an overnight or limited vacation-season type as defined herein, to protect established or permitted uses under these regulations in the vicinity of such a park, and to protect and promote the orderly growth and development of the City of Clearwater. (2) DEFINITIONS (a) Traviler, Recreation and Camper. See Ve~ieie, recrea- tional. (b) Travel park. A lot or parcel. of land up?'e~n .~hich twenty- five or more spaces are occupied or ended for occu- pan~y by recreational .vehicles daui=~~ed for travel, recreation and vacation uses. (c) Vehicle, dependent. A recreati~rral' vePriele which does not contain water and sewage daposaI facilities within the vehicle. (d) Vehicle, independent. A recreational vehicle which does contain water and sewage disposal. facilities within the vehicle. . . (e) VeTticle, recreational. Inaiiudes the following types of _ vehicles (1) Travel trailer. A uehicular, portable structure built on a chassis a?rid to~v ed with a standard auto- - mobile or truck designed to be used as a temporary dwelling for travel). recreation and vacation use s~Pr. xo. zz 61~A~~~ ~. fs__ ~ ~ • ~ 26-41D ZONING and when factor ~ 26-11D a bod Y equipped• for the road, having Y width not exceeding 8-feet and a bey • length not exceeding 32 feet. (2) Pick-zcp coaclt. A structure designed to be mounted on a truck chassis with sufficient equipment to render.it suitable for use as a temporary dwelling for travel, recreation and vacation uses. (3} Motor-jzo7ne. A portable used, for travel ~ temporary dwelling to be constructed as an rote eatlon, and vacation gral ~~~ vehicle. part of a self propelled (4) Camping trailer. A eollapsible tem orar structure covered with a water ropelIentdfabricg mounted on wheels and designed far travel, rec_ reafion and vacation uses. (5) AZCto camper. A lightivei nt fits on to g' ,collapsible unit that p of an automobile and into the trunk with the cover removed, acid designed for travel, i•eereation and vacation uses. (f) Vehicle site. A space or park of a drive-throw plot of ground tvithii~ a travel is designated for the accommodation of riot m n which one (1} recreational vehicle and its towin 01e than • any, g vehicle, if (3) GENERAL REQUIREh7ENTS (a) Relationship of travel parks to mobile laonae arh: zoni~aJ districts : p s unrl (I) A travel park shall be zoning districts a Permitted use in those uses of a similar and c mjnbT the establishment of (2) A travel patible nature. independentatkav lalI be established as either an of a mobile home park or as a coordinated • part parlf. In the latter case, and in order to insure a maximum de of land utilization and development stabilit ability sideration shall be given b Y, con- ~if the overall 3' the develope2• in uses could p~ tO providing vehicle sites that if nece:~ar3., be converted to the larger `SoPP• No. 25 mobile home vehicle sites at some future date. 6I1 .~ . Y S ~~ fr 1 F~ 1 s i i i ~.._ . ~. .; . _ .~ CLEAR.«~ A'~ER CODE § 26-11D § 26-11D ' (3) The design and development of a travel park shall include consideration of the two basic types of travel parks or an appropriate combination there- of. '1'fie overnight type is usually located on or , near major highways where the public can stop for one or two nights while enroute to some more ' distant destination. The destination type is usually • located at or . near a scenic, historic, or outdoor recreation area where the public is attracted for ' ~ extended stays of several days or weeks; the desti- nation type having more extensive facilities. (4) A travel park meeting. the required design and locational standards shall accommodate the travel- ing public for a defined maximum time period as- sociated tivith • the specialized vacation-recreation- • transient characteristic of such development as ~j• contrasted to the more permanent and extended stay characteristics of a mobile home park. (b) Envirortm.entul reg2cire77aents: +' (1) General: Condition of soil, m-o~inclwater level, drainage and topography shall not create hazards to the property or to the health and safety of the occupants. (2') Soil and ground ,cover requirements and drainage requirements shall be in accordance to standards -- established by the office of the city engineer. (e) Total tract regzr.i,•eme•;ats : . (1) The minimum size of the entire tract shall be three (3) acres except that where it is intended _ to convert a travel park to mobile home park at some future date, the minimum size of the en- tire tract shall be seven (7) acres. (2) The minimum wiuth of the tr~ici; shall be 100 fees at the front building setbacl~ line. (3) The minimum depth of the tract- shall be 200 feet. (4} Froiit yard depth shall be at least 40 feet measur- ed from aright-of-way line to the front of any structure or vehicle. • Supp. No. 25 G12 a e 1 i r ~. _ . 1 - 7. h i r. • - .` • i ...~--_. . . '~ l § 26-11D ZONING • § 26-11D (~) Side and rear yard depths shall be a minimum set- . back of 15 feet of any structure or vehicle. (6) ti~ith the exception of 100 feet for entrances and exits on the major arteries, there shall be provided along the entire periphery of the travel park a eontinous visual buffer a minimum height of six feet, which shall be a compact foliage screening, or shall be a combined masonry or wooden fence and shrubbery screen. (d) VE)aicle site reg2sirements: (1) The minimum vehicle site area shall be 1500 square feet to serve for transient and/or destina- tion parker. (2) For the purpose of determining vehicle site R-idth . a-nd depth, the tividth of •a vehicle site shall be measured at right angles to and between the desig- nated side boundary lines. The depth of a vehicle site shall be measured at right angles to and be- tween the designated front and rear boundary lines. (3) The minimum vehicle site width shall be 25 feet. . (4) The vehicle site depth shall be sufficient to ac- commodate any vehicle or vehicles (including both the towed vehicles and the towing vehicles) on each site, but in no case shall be Iess than 40 feet. (5) The maximum site density shall be 20 sites per gross acre. (6) The minimum. distance between recreational ve- hicles -and any other structure shall be ' Ten (IO) feet between trailers or other struc- tures or temporary accessory structures. Any temporary accessory structures such as attached awnings or other fabric enclosures shall, . for the purpose of this separation requirement, be considered to be a part of the recreational ve- hicle or other structure. (7) Each vehicle site shall be clearly defined by a permanent marker, such as masonry or metal, placed at all corneas. Supp. No. 25 613 •~ I f { i f 4 ~ i i • CLEARWATER -CODE § 26-11D § 26-11D (e) Recrea.tioraa•l a~ful Open. space requirente~zts : There shall be provided within a travel park at least one area de- signed for x•ecreational and open space use which is easily ac- cessible from a1T vehicle sites. Such space shall not include streets •or service areas. The size of-such recreation area shall not be less than 100 square feet per vehicle site. (f) Street system afxd off-street parking requirements: (1) Ge~aeral: All vehicular sites shall be provided with. safe and convenient vehicular access from abutting public streets and roads. Alignment and gradient of roads shall be properly adapted to natural site characteristics such as topography, plants, and trees. Gridii on pattern will not be acceptable due to the environment requirements of this type of development. Surfacing and maintenance shall provide a smooth, hard and dense surface which shall be well drained. (2) Access : Access to a travel ,park from a public street or road shall be designed to minimize con- gestion and hazards at their entrance and exit and allow free movement of traffic ou adjacent streets. All traffic into or out of the ~ parking areas shall be• throixgh such entrances• and exits. (3) Inter~aal streets : Road rights-of-way shall be of adequate width to accommodate anticipated traffic but in no case less than 20 feet. Road surfacing shall meet the following minimum requirements One-way, no parking __:_____----------------- 12 feet ________ 20 feet Two-ti=.~ay, no parking -------=--------- (~) 0 f f-street parking and -frza~ze2rverirLg space : Each . travel park shall provide sufficient :~alk'loadinrg maneuvering space so that the parking, and maneuvering of vehicles incidental to P blic ing shall not necessitate the- use of any p street; sidewalk or right-of-way or any private grounds not part of the travel park parking area. \o parking shall be permitted on the street. C ~ - ~ ~ - § 26-11D ~ ZONING § 26-11D c Visitor parking shall be in a centrally located parking area in the ratio of one off-street parking space for each 10 vehicle sites. • (g) Signs : Signs shall be permitted in accordance to the requirements of the zone in which the travel park is located. See the Sign Ordinance of the City of Clearwater. (4) SERVICE REQUIRENIEi~TTS (a) Utilities (1) Utilities such as water supply system, sewage disposal, electrical and gas, and the refuse hand- ling shall meet the codes and/or specified stand- ards established by the appropriate utility de- partments of the City of Clearwater and the Flor- ida State Board of Health. (2) Such utilities as may` be deemed necessary by the office of the city engineer shall be installed to serve each lot in accordance with the permitted maximum occupancy period of 120 days for inde- pendent travel trailers (as defined) . (b) Service buildings acid facilities: (1) Gc~aeral. The requirements of tlii•s section shall apply to service buildings, recreation buildings and other service facilities such as 1tilanagement offices, maintenance and storage buildings ; _ Sanitary facilities ; ~_' -L-aundry•facilities; Indoor recreation areas. (2) Service bztiildi7ag. A central service building con- taining the necessary toilet and other plumbing fixtures specified by the Florida State Board of Health shall be provided in a travel park which provides vehicle sites. Service buildings shall be conveniently located within a radius of approxi- _ mately 300 feet of the sites to be served. (3) Service facilities in connection witJa otJzer busi- nesses. «~hen a travel park requiring a service _ building is operated in connection with a resort Supp. No. 25 Gla ,~: --- - ~ - ~ ' - , ~ 26-11D CLEARwATER CODE § 26-11D ~` or other business establishment, the number of i sanitary facilities for such business establishment shall be in addition to those required by the public ' health standards for vehicle sites and shall be _ t based upon .the total. number of persons using j or expected to use such facilities. • (4) Pedestrian access to service buiklings and faeili- ties. Surfaced, appropriately drained walkways having a width of not less than 3 feet shall be provided from the vehicle sites to all service buildings and facilities, refuse collection areas and recreation areas. (5) Site outdoor cooking and corn~nurcity ca~rcpfire facilities. All site outdoor cooking facilities shall - be so located, constructed, maintained and used ' so as to minimize fire hazard and smoke nuisance -' both on the site on which used, and on neighboring property. Any .community campfire facility shall be located in the planned recreation area, and shall be under sta•ict sunervisi.on of the management. Plans, construction and operation of site outdoor cooking and community campfire faci- ~`'~ lities shall be carried out in accordance with re- quirements of the Clearwater Fire Department. • --_._-- (5) GENERAL OPERATING REQUIREMENTS • • (a) Gene7•al. The person to whom appropriate permits and licenses are issued shall operate the travel park at all times _ in compliance with applicable state and local laws pertaining to the management and operation of such facility. . (b) Duration. of stag. ~Tehicle spaces shall be rented by the ' day or v~~eek only, and the occupant of a vehicle site shall remain at the travel park not more cnari thirty (iii) coiisec;u- tive days. However, lots sq supplied. by utilities as in (~). (a) (2) shall have permitted occupancy not to exceed one hundred ' and twenty (120) days. SUPP• No. 25 616 ~- i .. • j . t _ . , r . a ~ ~ • _r 71 § 26-lID ZONING § 26-11D (G) PLAN SUBMITTAL AND PERMIT PROCEDUFE ~ • (a) Two copies of the proposed site development plan ? ' shall be submitted to the planning and zoning board for re- view as to the conformance of the proposed development with the applicable requirements of these regulations. The plan- . ping and zoning board shall forward one copy to the office of the city engineer for x•eview. , (b) Such reviews shall be made within thirty (30) days and reccommendations for`varded to the city manager and the city commission. Upon favorable consideration by the city commission at a regulax• meeting, such appx•oved plans shall be filed with the city clerk and the building official, and any other municipal departments affected by such development requirements. Such filing• shall authorize the building official to receive applications and plans for building permits. '~ • (c) Before issuing a building permit for the construction, ~', alteration or extension of a travel park, the building division - -_= = i shall determine that all applicable review procedures and standards called for under these regulations have been satin- - factorily complied with. (Applicant shall have received plan ~.. approvals by the Pinellas County Health Department and the Florida. State Health Department. ) (7) PLANT PREPARATION F~EQUIREMEI~TTS (a) Site playa. All applications for site approval submitted to the planning and zoning board shall contain the following: ~ r • (1) Name, address a.nd telephone number of applicant.. _ (2) Interest of the appli~ant~ in the proposed travel I~' park. (3) Location, address and legal description of the en- tire proposed travel park site. (~) Existing zoning of subject property and all ad- ' jacent properties. (5) Complete site plans of the proposed travel park showing :. ' (aa) The ax•ea and dimensions of the entire tract of land; Supp. Nu. 23 - . • G1G.1 e ._; . § 26-11D t 26-11D CLEARtiVATER CODE (bb) The land uses occupying:the adjacent,prop- erties ; (cc) The number, type (dependent and inde- pendent) size, and location of the proposed ' vehicle sites and other parking areas ; (dd) The location, right-of-way and surfaced roadway width, and surfacing materials of roadways and walkways ; (ee} The proposed interior vehicular and pedes- trian circulation patterns; . (ff) The location of service buildings, sanitary stations and any other existing or proposed structures. (gg) spaces to be occupied by independent travel trailers (as defined) up to one htmdred twenty (120} days shall be so designated on the plan as a continous area and such utilities required shall be installed to serve each indi- ~vidual space ii1 accordance with (4) (a) (2) as above. (b) E~raginee~•ing coltstricctio~t plans.:111 engineering plans shall be submitted to the office of the city engineer and shall contain the following (1) The location of water and setiver lines and riser pipes; ' (2) Plans and specifications of the water supply, sewage disposal and refuse facilities; (3) Plans and specifications of all buildings con- - S'LrLlCted'UY t0 1;`~ COriStrt'~~°~l within f~^iL traVP.l park; and (4) The locations and details of lighting, electtic and gas systems. ' (c) Blaster plan and stage develol~7rte~tt. ~~here a travel park development is proposed for construction in a series of stages, n master plan. for the development of the entire tract of land shall be submitted along with the detailed~plaiis and supp. x~. zs 61 G.2 ~• ,- ~- • ~ • r ~. e . ~ 26-i1D ZO.fiFi<l.'a"~ § 26-13 specifications for the initial stage as well as any subsequent stages (Ord. 1098, ~ 19, 11-7-GG; Ord. No. 1204, §§ 3-G, 5-19-69) Amendment note-Ord. No. 1096, ~ 19, amended Ch. 26 to add § 26- 11D. Ord. No. 1204, §~ 4-6, amended § 26-110 subsections as shown in tho Code Comparative Table. Sec. 26-12. Same-Height near airport, use of out buiiding~_ (1) No building or structure of any kind whatsoever shall . be erected within one thousand (1,000) feet of any exterior . boundary line of the Municipal Aviation Field to a height in excess of fifty (50) feet. (2) In all residential districts, no garage, tent or out- - building shall be erected or' used for residential purposes or fol• any other purpose except construction of the main buiid- ing. (Ord. No. G27, § 12, 12-9-52; Ord. I~To. 642, § 1, 8-17-53) Sec. 26-13. Certificate of occupancy. ~. - (a) No vacant land shall be occtnw~,e~ car used, except for agricultural uses, and no building ~r.~'~rt~r erected or str c- u • turally altered shall be occupied o~~• ~~ until a certificate of occupancy shall have been issued. l~~ tkte building inspector [official]. ~ . (1) Certificate of Occ2cpa~tc~ fez a Building: Certificate of occupancy for a new buitQ~g or the alteration of an existing building shall be applied for coincident with the application for a buildln~g permit and said certifi- cate shall be issued within three days after the re- • quest for same shall have been made in writing to the building inspector [official] after the erection or alter- ation of such building or part thereof, shall have been completed in conformity with the provisions of these . regulations. Pending the issuance of a regular certifi- cate, atemporary certificate of occupancy may be is- sued for a period not exceeding six months during the completion of alterations or during partial occupancy Supp. Nu. YS G1G.3 =; ~,..~. :,. .; .: ~. • ~ ~. ~ 26-13 26-13 CLEAR,VSrATER CODE of a building pending its completion. Such temporary certificates shall not be construed as in any way alter- ing the respective rights, cluties. or obligations of the owners or of the city relating. to the use of or occu- pan~y of the premises or any other matter covered.by this ordinance and such temporary certificate shall not be issued except under such restricbions and pro- visions as will adequately insure .the safety of the occupants. (2) Certificate of Occupancg/ of layad: Certificate of oceu- pan~y for the use of vacant land or the change in the character of -the use land as herein provided, shall 61G.4 a • • ~\ .i § 26-13 ZONING § 26-15 . be applied for before any such land shall be occupied or used and a certificate of occupancy shall be issued within three (3) days after the application has been made provided such use is in conformity with the pro- . visions of these regulations. (b) Certificate of occupancy shall state that the building or proposed use of a building or land, complies with all the building a.nd health In.ws and ordinances and with the pro- visions of these regulations. A record of all certificates shall be kept on file in the office of the building inspector [official] and copies shall be furnished, on request, to any persons hav- ing a. proprietary or tenancy interest in the building affected. (c) No permit for excavation for any building shall be issued before application has been. made for certificate of oc- cupancy. (Ord. I`TO. 627, S 13, 12-9-52) Sec. 26-14. PIats t:o accompany application for building pei•- mit. All applications for building permits shall be accompanied by a drawing or plat, in duplicate, sl-;owing the lot plan, the location of the building on the lot, accurate dimensions of building and lot and such other information as may be neces- sary to provide for the enforcement of these regulations. A careful record of the original copy of such applications and plats shall be kept in the office of the building inspector [of- ficial] and the duplicate copy shall be kept at the building at all times during construction. (Ord. No. G27, ~ 14, 12-9-52) Sec. 26-15. Planning and zoning board. (1) The planning and zoning board provided for in chapter 63-1224 Acts of Florida, 1963, [section 79 of the charter com- pilation] and any and all future Acts, shall perform the func- tions and exercise the authority specifically given them there- in. (2) The planning and zoning board shall at its first meet- ing after its appointment select from its membership a chair- man who shall preside at all meetings attended by him; avice- chairman ~vho shall preside in the absence of the chairman, Supp. No. 10 - 617 '~ r i .' • § 26-15 CLEARwATER CODE • § 26-17 and a secretary who shall take the nd of all act ons of the ords of all meetings of the board a board. (3) The board shall have full right and power to adopt rules and regulations for its governance, fix its regular and special meeting times in accordance with such rules. A r gular ty of the membership of the board attending any meeting or special meeting- shall constitute a quorum. (Ord. No. 6Z7, § 15, 12-9'52) Hated the plan- Editerr's~ note-T11e<-zoning and planning. board is desi3. of the Charter. ping and zoning, board, pursuant to an amendment to § At the direction of the city, the editors have corrected the catchline and wording in the body of § ~6-15 to conform to said Charter amend- ment. Sec. 25-16. Enforcing officer, conflict with other laws, appeal from officer's action. It shall be the duty of the city bavlions of thisr ordf~ance to administer and enforce the p ' [chapter] the swine to be done in conjunction with the build- ing code of the City of Clearwater. In case of a conflict be- tween any of the provisions of this ordinance [chapter] and those of the building code, in a given instance, the more re- strictive of the t~vo shall govern. eal any rul- Persons, firms, or corporations desiring to. app ing of the building inspector [official] shall so notify the board of adjustment 'and appeal in writing within twenty (20) days after such ruling 3a 1b 25 57} de. (Ord. No. 627, S 16, 12-9-52; Orcl. Igo. 753, §. , Sec. 26-17• Board of adjustment and appeal.. (1) The board of adjustment and appeal is hereby estab- lished. The word "board" when used in this seetion Qhall~he construed to mean iiie ~JUitlu Vi CLUJ US ~aaa~.ii~ •^•a-• "f'.C.y. board shall consist of fiv°. membe~s, ointed by thehmayor and payers and residents of the city, pP approved. by the city commission. The- term oe rs flexcepting members of the board shall be for three y that the membership of the board appointed shall serve re- spectively for terms of two for one year, two for two y0a~ ~_ and one for three years. Thereafter, members shall be app Supp. No. 10 618 ~-~ `~- i ,, ~' , •.+ ~• _.~. ~: } t t • f f r 26-17 ZONING § 26-17 ed for terms of three years each. Vacancies shall be filled for an ttne~pired term only. Members shall be. removed for cause by the city commission, upon written charges and after public hearing. Members shall receive such compensation as may from time to time be set by the city commission.. (2) The board shall elect its own chairman and vice-chair- man who shall serve for one year. Meetings of the board shall be held at the call of the chairman,. and. at such other times as the board may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings. of the board shail be open to the public. The board shall keep minutes of its pro- ceedings showing the vote of each member upon each ques- tion, or if absent or failing to vote, indicating such fact and shall keep records of its official actions, all of which shall be immediately filed in the office of the board and shall be a public record. (3) The board shall hear appeals from any decision or action of the building inspector (official) and detei•miaie the rights of the applicant. Appeal to the board may b2 taken by any person, firm or corporation aggrieved, provided notice thereof together with grounds thereof, are filed in triplicate, in writing, with the board within twenty (20) days after such action of the building inspector (official). The board shall forthwith transmit. one copy to the City building in- spector (official), who shall then forthwith transmit to the board all the papers constituting the record upon which the action appealed from is taken. Each appeal shall be accom- panied.by apayment sufficient in amount to cover the costs of processing the application, which charges shall be set and established by, resolution, passed by the City Commission. (4) The board shall, after due notice, and not less than ten days and not more than thirty days after the filing of the appeal, hold a public hearing thereon and promptly render its decision. At the hearing airy party may appear in person or by attorney. (5) (a) After a review of an application and hearing thereon if the board of adjustment and appal on zon- Supp. No. 34 618.1 ' • § 26-17 CLEARWATER CODE § 26-17 ing finds as a fact that the proposed use is consistent with the general zoning plan and with the public in- teres~, the board of adjustment- and appeal on zoning may permit the following uses: (Y) Noitcom~raerciul. Parking lots for church, school of private club, ar place of public assembly in ail "R-2" area if-it is located 'within two .hundred and fifty feet of such property. (2) Restaurant as a separate establishment in an "R- M" area provided that reasonable off-street park- ing requirements are met. (3) Churches in an "B-2" a~•ea provided that reason- . able off-street parking requirements are met. .(4) Physician or doctor's office in an R-4A, R-4B and R-4D area provided that reasonable off-street parking requirements are met and that architec- . tural design is compatible to the surrounding area. (5) Convalescent home in an R-•IA, R-48 and R-4D area provided that reasonable off-street parking requirements are met and that additional side lot requirements are met. (6) Day nursery or private school in an R-4A, R-4B and R-4D area provided that sufficient safe access is provided and that off-street parking i~ provided for each staff member. (7) The following marina. facilities may be permitted by the board of adjustment and appeal on zoning as a special exception within the classification as set forth in this section. In addition the board may approve other similar uses and restrict any uses to (meeting) specific design or operation conditions DESCRIPTION OF MAkINA FACILITIES, TYPES A, B, C: . Types as they may. be approved Type A : (pleasure craft docking) as an excep- tion to an R-M, R-4A, R-4B, R-4C and R-4D _ zone. Supp. No. 34 $18.2 - ~ ~ f. . ~_ ~ '!' , 4 ~~ ~. ;~.,_' ;~ I I ~~ 1 T . ~ _ \` • • • • t y ~ - - ~ . a 1 ~ .I . - - § 26-17 ZONING § 26-17 ' ~ Type B : (launching ramp site, commercial) as a.n 'exception in an R-M, R-4A and R-4D 'zone. • Type C: (private marina) as an exception in an R-M, R-4A and R-4D zone. • Plan to be submitted and recommendation - made by the zoning and planning board prior • to submittal to the board of adjustment and appeal on zoning. .. TYPES OF MARINA SERVICE FACILITIES Type A: Pleasure craft docking No commercial fishing, etc. _ No charter boats ~ _ I~To boat rentals - Small boat dock or mooring area , Floating docks as approved by appropriate -_- government agencies , _ Provision for docking maneuvering area '~t Boat slips (covered boat slips or dry storage ~... may be perr_zitted if specifically request- • ed and approved by both the zoning and planning board and the board of adjust- ment and appeal on zoning) . Control of noise and lights _ Type ~: Launching ramp side (commercial) '~'T Access to noncongested traffic point (approv- ~ i al of traffic. division) - ' Parking with' adequate trailer maneuver area_ (approval of office of city engineer) Fishing and boating items, retail sales (sign control} when adjoining a "B" business • zoned area Type C: Private marina • Sales and service facilities Boat slips (covered boat slips or dry storage may be permitted if specifically requested _ and approved by both the zoning and • planning board and the board of adjust- . ment and appeal on zoning) Supp. No. 25 - 619 ~ ' • - . - • • ~ , - -4;, i t e ,~ t. i' _.~: _ • • § 26-1? CLEARWATER CODE 5 26-1? Boat handling equipment (no repair or main- tenance shops) Boat and gear storage Launching facilities ~ . Fuel station Lockers and sanitary facilities Restaurant facilities (not advertised) oper- ated as part of club Club house illotel or boatel ~ Recreational facilities (not commercial) Park or picnic area Automobile parking (8) Certain commercial recreation facilities, depend- . ing upon their nature, may be permitted in an . (R-bT) zone provided access and off-street park= ing requirements be met in accordance to the in- tensity of use of the structures, or land or both. (9) An occupied residence or an unoccupied dwelling may be used as a model home by any person, firm or corporation in any R-1, R-2, or R-=1D district provided that: (a) The Lase of such structure as a model or demonstration home shall be limited to a per- iod of. twelve (12) consecutive months from date of certificate of occupancy. (b) Such structure occupies a lot in a subdivision plat of not less than five (5) acres which was recorded not less than three (3) years prior to the date of application review by the Board of Adjustment and. Appeal (a period of per- - mitted use) nor amore than five (~) years (a period beyond which such special e.~ception is to tcrn?ina.tel. (c) Signs : Refer to Sign Ordinance. ~To such structure or sign shall be illuminated after 1`0:00 P. i4I. (10) If.the, subdivision in which a model home is to be located is five (~) acres or more and .the sub- • sUnn..;a. zs 620 ,• ~ § 26-1? ZOI`*ING § 26-17 \ _ division plat was recorded less than three (3) years prior to the application, then such model home may be permitted without board of adjust- ment and appeal on zoning approval ; provided, that evidence is submitted . to building official . that •the use will be conducted in accordance with Section 26-17(5) (a), (9) (a) and (c). (11) A drive-in theater in an HB, Heavy Business or M, Manufacturing zone provided that the follow- ing criteria for area, location, traffic and perform- ante be met: Area shall not be less than six (6) acres, not located on a major highway but on a secondary road connecting to a. major highwa-y. I\TO part of such theater shall be within 50 feet of a road right-of-way. Theater screen shall not face a major highway. Traffic. There shall be one (I) entrance for each assess road with one (1) ticket gate for each - - 250 capacity. There shall be acceleration and de e - cl eration Ianes provided as well as separate entries for right and left turns where arrival volume is e uall divided b q Y direction. e r Y Spa ate storage of vehicles off a ccess ro ad shall be ~ provided m an amount equal to ten per cent of theater capacity. Development. Surface treatmer..t, lighting and drainage systems shall be approved by the office of the city engineer. - (22) Mortuary or funeral homes in a "PRS" district . provided off-street parking requirements are met. • No access to such. parking lot to be through area zoned residential. (13) Travel park site in an "R-M" or "M~H" district with final approval to be in accordance to section 26-11D. • (14) Dormitory, lodging (rooming) house, boarding- house in any R-3 (LD) district provided that it is Supp. No. 32 . 620.1 J ,. i E • • § 26-17 CLEARWATER .CODE § 26-1? located within a radius of one mile of the site of a recognized and established higher educational institution. Dormitory, lodging (rcoming) house, boarding- , house in an R-4B district. Accessory recreation buildings when integrated part of R-3 (LD) or R-~B development. (15) The following uses may be permitted in an AG agriculture zoning district provided plan is sub- mitted and it is determined that such proposed use is compatible with abutting existing or pro- posed ,ownership usage Private utilities. ~ . Barracks for migratory agriculture workers. Parks, nonprofit. Marinas, ~vhich provide boat launching, docking, wet or dry storage of boats, sale of gas and oil and accessory marine supplies only. Recreational center, nonprofit. Gulf courses, provided the clubhouse and other structures are located over 150 feet from an abutting lot or parcel. Airports. Navigation safety devices and structures. Land fills and excavations. Radio and television transmitting stations. Hospitals, clinics, restoriuins, county and govern- . ~ ment buildings. Buildings within this class would require site plan to be approved and recorded. (1G) l~oncommercial off-street parking as a special ex- ception in R-1D, R-1E, R-2, R-3, R-4 and R-1~f zones in accordance to the' following : Such parking lot (a) shall be contiguous to a B zone and of same o<<mership or leasing; (b) shall nct extend beyond 200 feet, more or less, to the nearest full lot of recoz•d or portion thereof under same ownership; (c) shall not cross a residential street; arxi (d) Supp. No. 31 620.2 • ZONING . §26-17 26-17 shallcprovide ingress and egress only from the business property unless determined otherwise by the board of adjustment and appeal. (b) In addition to the powers contaained in subparagraph (a) above, the board shall have power in specific cases, after due notice, investigation and hearings as afore- said,- where there are practical difficulties or unneces- sary hardships in the way of carrying out the strict letter of the provisions of this ordinance [chapter) to determine and vary any such provisions in harmony with the general purposes and intent of the zoning ordinance so that the public health, safety and gen- eral welfare may be secure and substantial justice done. (6) Any person adversely affected by a decision of -the board or any officer, department head,. board or bureau of the city may appeal such decision to the City Commission. Such appeal shall be taken by filing written notice thereof, in duplicate, with the City Clerk within ten (10) days after the decision of the board. The City Clerk shall forthwith transmit one copy thereof to the Secretary of the Board, who shall then forthwith transmit to the Clerk for the use of the City Commission, all the papers constituting the record upon which the action appealed from is ~ taken. Each such appeal shall be accompanied by a payment sufficient in amount to cover the costs of processing the application, which charges shall be set and established by resolution passed by the City Commission. (7) The city commission shall, after due notice, not less than twelve (12) days and not more than forty-five (45) days after the filing of an appeal hold a public hearing there- on and promptly render its decision. At the hearing any part3' may appear in person or by attorney or by delegated repre- sentative. The hearing before the commission shall be de novo. (8) The city commission shall have power, after due notice and hearing as aforesaid, to reverse any decision of the board when in lt~roundstset out ine subparagrapho(5) hereof, It hal upon the e Supp. No. 34 621 ,; _---. i~ x § 26-17 CLEARWATER CODE § 26-18 likewise .have power where in its discretion, there are prac- tical difficulties~or unnecessary hardships in the way of carry- ing out the strict letter of the provision of. this ordinance, to determine and vary any such provisions in harmony with the general purposes and intent of the, zoning ordinance so that the public health, safety and general welfare. may be secured and substantial justice done. The decision of the city commission shall be superior to that of the board and shall be binding upon all concerned, subject only to the court review as provided by la~v. (Ord. No. 627, § 17, 12-9-52; Ord. No. 753, ~ 4, 11-25-57 ; Ord.. No. 798, 5 4, 11-24-58 ; Ord. No. 952, fi, 10, 17, I8, 11-19-fit ; Ord. No. 1007, 5 ~ 25, 2S, 4-6-64 ; Ord. No. 1050, § 9, 5-3-fi5 ; Ord. No. 1086, ~ 3, 2-7-fifi ; Ord. No. 1098, ~ 20, .11-7-fifi ; Ord. No. 1119, S 13, -t0-2-67 ; Ord. No. 1150, § ?, 7-7-69 ; Orel. Iv'o, 1250, § 13, 3-16-70 ; Ord. No. 1279, ~ 17, 9-5-70; Ord. No. 1330, § 1, fi-21-71) Amendment note-Ord. IvTo. 952, § 6, amended § 26-17(5) (a) to add subparagraph (7), regarding marina facilities. Sec. 10 of said ordinance added subparagraph (8) thereto. See. 17 of said ordinance amended § 26-17(7), which had provided far hearing within reasorabl~ time, to specify the time, for hearing. Sec. 18 of said ordinance amended § 26-17(5) (a) to add subparagraph (9). Ord. X10. 100'7, § 25 amended § 26-17(5)(a)(9)(b) to add the 3-year minimum, Section 26 of said ordinance added § 26-17(5) (n) (10). Ord. No. 1050, § 9 added subsection (5)(x)(11). Ozd. No. 1078; § 3, amended subsection {5)(a)(11) by deleting the requirement that no part of the theater be within 500 feet of a residential district. Ord. No. 10°3, § 20, amended § 26-17(5)(a) to delete sign regulations from subparagraph (2), to substitute refer- ence to the sign ordinance for the sign regulations in subparagraph (9)(c}, and to add subparagraphs (12) and (13). Ord. No. 1119, § 13 amended § 26-17(5)(a) by adding subparagraphs (14) and (15). Ord. No. 1150, § 7, amended subsection (5) (a) (4)-(7), (9), (14), (16). Ord. I\TO. 1250, § 13 amended subsection (5) (a).(1=4) to include all R-3(LD) districts. Ord. No. 1279 amended § 26-17(5j(a)(l6j by i~ic-reasing the districts and revising the requirements therein. Ord. l~'o. 1330, § 1, 6-21-71, amended subsections (3) and (6) of § 26-17 by substituting new provisions. Sec. 26-18. Interpretation, purpose and conflict.. In interpreting and applying the provisions of this ordi- nance [chapter]; they shall be held to the minimum require- ments for the promotio~r of health, safety, morals, and gen- eral welfare of the community.. It is not intended by this ordinance [chapter] to interfere with, abrogate, or annul any easements, covenants, or other Supp. No. 34 622 e -, ~~ . ~ ~ ~- § 26-18 ZONING § 26-18 c agreements heretofore existing between parties; provided, ho~vever, the jurisdiction and authority of the city govern- . ment of the City of Clearwater to enforce building and zoning _ - ~ restrictions shall be confined to the enforcement of the provi- sions of this ordinance [chapter and city building regulations] and neither the city nor any department or employee thereof shall in anywise involve the cit3T in the enforcement of any privately created easements, covenants, restrictions or agree- ments between such parties. (Ord. No. 627, ~ 18, 12-9-52) - Supp. No. 34 623 ~-- ;~. i c ZONING § 26-30 §' 26-19 ~ Sec. 2G-19. Zoning annexed areas and filled lands. The city commission of the City of Clearwater, shall, from the enactment of this ordinance [August 17, 1953] be and it is hereby granted the power and authority to zone any and all additions of whatever nature annexed to and incorporated into. the city limits of the City of Clearwater, and to further zone all new land areas created by filling or otherwise, and all other lands included within the city limits of the City of Clearwater from time to time, which lands have not been formerly zoned by the zoning ordinances of the City of Clear- water. (Ord. No. 627, 12-9-52; Ord. No. 642, § 3, 8-17-53) Cross reference-Authority to zone previously unzoned land without a hearing, § 26-32. Secs. 2G-20-26-29. Reserved. - - Article II. Authority and Ad~n.inistration ; Ordinance R,atified'•` ~ • Sec. 2G-30. General laws adopted. The following Sections of Chapter 176, Florida Statutes; 1961-MUNICIPAL ZONING, are hereby adopted by the City of Clearwater, except as~ herein otherwise qualified or . provided: 176.04 PURPOSES IN VIE~~ IN MAKING REGULA- TIONS. Regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets, to secure safety from fire, panic, and other dangers ; to promote health and the general wel- fare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population ; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Such regulations shall be made with ;reasonable consideration, among other things, to the character of the district and its peculiar *Editor's note-See editor's footnote at beginning of this chapter. s°"`'' x°' s 624.1 ~„~-- :t c a I • ,. 1 .; - ~. -->,. § 26-30 ~ CLEARWATER CODE • § 26-30 suitability for particular uses, anti with a view to con- serving the value of buildings and encouraging the most appropriate use of land throughout said munici- palities. 17G.05 iVIUNICIPALITY TO PROVIDE PROCEDURE; REGULATION, 'RESTRICTION OR BOUNDARY NQT EFFECTIVE UNTIL AFTER PUBLIC HEAR- ING THEREON;. PUBLICATION OF NOTICE OF HEARING REQUIRED. The governing body of the said municipality shall provide for the manner in tivhich such regulations and restrictions and the boundaries of such districts shall be determined, established and enforced, and from time to time amended, supplemented, or changed. How- ever, no such regulations, restructions, or boundary shall become effective until after a public hearing in relation thereto, at .which parties in interest and citizens shall have an opportunity to be heard. At least fifteen days' notice of the time and place of such hear- ing shall be published in a newspaper of general cir- culation in saki municipality and if there be no • news- . paper published within the municipality then three notices shall be pubIisi7ed in at least three conspicuous places .within the municipality including the city or town hall, as the case may be. 176.OG REGULATION, RESTRICTION AND BOUND- ARY SUBJECT TO CII ANGE OR REPEAL; PRO- TEST O:F CH ANGF;~ VOTE REQUIRED TO EF- FECT CHANGE OVEP PROTEST; PUBLICATION OF ~TOTICu OF CHr1NGE REQUIRED. Regulations, restrictions, and boundaries may, from time to time, be amended, supplen,.e;~tr,d, chi nbo;I i:i• repealed. 1n case, however, of a protest against such change signed by the owners of .twenty per cent or more either of the area. of the lots included in such. proposed change, or of those iir~medi~tely adjacent in the rear thel•eof etitencling five hundred feet there- from, or of those directly opposite thereto extending five h~indred feet from the street frontage of such SUPP• vo. G G24.2 -- ~ • A ,• $26-30 ZONING - § 28-33 - opposite lots, such amendments shall not become ef- - ~ fective except by a favorable vote of three-fourths of e -- the governing body of said municipality. The visions of 176.05 relative to pro- . ~ ~ ficial notice shall a 1 Public hearings and of- _ amendments. (Ord. No. 980§ 1' 8- 63)11 changes. or - Sec. 26-31. Existing ordinance and map ratified, Chapter Twenty-six (26) pertaining to Zoning, a.s amended, of the Code of Ordinances, City of Clearwater, Florida, to- gether with The Zoning Map of the City of Clearwater, Florida, of 1966, as amended, are hereb a and confirmed in every respect. (Ord. No. 980 ~ 2~, 8-5-63a Ord. No. 1078, § 2, 2-?-66) . Amendment note-per, No. 1078, § 2, adopted and effective February 7, 1966, amended Chapter 26 in each instance in which a zoning map is of if 966 ~ by providing ghat such zoning map shall be the zoning map Sec. 26-32. Authority to zone unzoned lands without hearing. The City Commission of the. City of Clearwater, anything herein to the contrary notwithstanding, be and it is hereby granted the power and authority to zone without first con- ducting a. public hearing any and all additions of whatever nature annexed to and incorporated into the city limts of the City of Clearwater, all new land areas created by filling or otherwise, and. all other lands included within the city limits of the City ~of Clearwater from time to time, which • lands have not been formerly zoned by the Zoning Ordinance of the City of Clearwater. (Ord. No. 980, § 3, 8-5-63) Sec. 26-33. Procedure for amending zoning provisions. Pursuant to the authority granted under Chapter 176 of .the Florida Statutes, 1961, the following procedure for amend- , ing, supplementing or changing the Zoning Ordinance or Zoning Map of the City of Clearwater is hereby established: (a) Any person, firm, corporation, board, or official of ' the City of Clearwater may file a written application requesting a proposed amendment, supplement, change or modification of the Zoning Ordinance or Zoning - Map of the City of Clearwater. Supp. No. 34 624.3 i s• ~"~ ~ c e t v • i t § 26-33 CLEAR~VATER CODE § 26-33 (b) Application .shall be filed in triplicate with the City Clerk and shall- set forth the reasons and grounds for said request. Each application by anyone, other than aboard or official of the City of Clearwater shall be _ • - filed by the o~vner or his duly authorized representa- tive. and shall be accompanied at the time of filing by a fee to cover the approximate cost of the procedure, which charges shall be set and established by resolu- . tion passed by the City Commission. Under no conc]i- tion shall such sum, or any part thereof, be refunded . - for failure of such change to be adopted by the City Commission. (c) 1'r~e city clerk•sball forthwith transmit a. copy of each - ~ application to the planning and zoning board of the City • of Clearwater for study and recommendation to the city commission. The city clerk shall also transmit a copy of each application to the city manager for review and study. - (d) The planning and zoning board of the City of Clear- .. water may, in its discretion, hold a public hearing in arriving at its recommendation on a proposed change to the city commission. The recommendation of the planning and zoning board shall be based upon con- --- sideration of the following, but shall not be limited -- they eto (1) L+'xisting conditions including land use, lot area, building height and yards. (2) '1'he proposed change shall be in accordance with a comprehensive plan. (3) The proposed change shall be reasonable in the - sense that any property within a specific zone must be able to be used for the purpose for tivhich it is zoned. (e) The planning and zoning board shall make its recom- mendation to the city commission within sixty (60) days from the date of filing of the application, or such extended • period as may have been al lotived by the com- • mission. If the board submits no report by the end of the required period, this will constitute its approval of the application. Supp. No. 34 624 4 s (i 1. i ~ 1 ~ . s !, ~ 9 __ - '. • ~ ` §' 26-33 ZONII`~G § 2G-33 (f) Public not9ce and public hearing: (1 j If the planning and zoning board makes no report • within sixty (60) days from the date of the filing of the application, or such other period as may ' have been agreed- upon; or upon 'the filing of the recommendation of the planning and zoning board, the city commission shall fix a date, time and place for a public hearing on the proposed amendment. (2) The office flf the city clerk shall publish notice of said public hearing once; ~ at least fi.fteer~ (15 ) days, but not more than thirty (30) clays, in ad- vance of the hearing, in a newspaper of general circulation in the City of Clearwater. (3) If 'the proposed amendment concerns a change" of zoning classification of real property,, the ,city, through its engineering department, shall- also post a notice of the proposed change on the sub-~ ject real property involved for a period of at least five (5) days in advance of the scheduled public 1 hearing. -- (4) If the proposed amendment concerns a change of zoning classification of real property, the city clerk shall mail a notice of the scheduled hearing to the owner of the subject real property antd the .owners of all properties within t~vo hundred feet (200') of ,the subject property.- All such notices shall be sent by mail to the last known names and r addresses as indicated on the tax rolls of Pinellas . County, Florida. (5) The public hearing shall be held at the time and place set forth in the notice and the city commis- sion shall rule upon the proposed amendment or change at the conclusion of the public hearing. (6) The city commission shall hold such public hear- ings quarter-annually if necessary, and more often if in its discretion it feels public convenience and necessity require. (g) Protest : In case, however, of a protest against such change signed by the owners of twenty per cent or Supp. No. 34 624.5 a i ;~ ~. § 2G-33 CLEARZ~'ATER CODE § 26-33 more either of the area of the lots included in such proposed change, or of those immediately adjacent in the 1•ear thereof extending five hundred feet therefrom or of those directly ehposite thereto extending five hundred feet°from the street frontage of such opposite lots, such amendments shah not become effective ex- cept by the favorable vote of three-fourths of the city commission. (h) All proposed changes a~ld amendments to the Zoning Ordinance or the Zoning Map as .approved by the city commission after its evaluation of all evidence pre- sented at the public hearing, shall be incorporated in an ordinance or the Zoning Nlap of the City of Clear- water which shall become effective immediately upon its passage. (Ord. No. 980, ~ 4, 8-5-63; Ord. No. 1330, § 2, 6-21-71) Amendment note-Ord. No. 1330, § 2, 6-21-71, amended § 26-33(b~ by substituting a new subsection (b). Sugp. No. 34 s~~.s :, .~ ~ - . ,~ - - CODE INDE% ~~ ~ - - ~ Y - Section _ YEAR -- 1-2(2?) Construed --- --- fiscal. See: Fiscal Year Z • ZONI1~iG Accessory buildings, construed _-___-- -- - 26-2 (2) ------- Accessory uses, construed ~----------------- 26-2(3) `°AG" agricultural districts 26-3A Use regulations --_~____-- ----------------' 26-12 Airport, height limitations near __--------------- Alcoholic beverages. See also that subject - 4-19 Exception ---------------_----------`--"____ --- 4-18 Zones -- --------- ----- -- 26_2(4) Alleys, construed _- ------ ----- • Amendment procedure. See within this title: Provi- sions Annexed areas, zoning of __-.------------~=•------- 26-19 26_2(5) Apartment houses, construed __-______--_---------------- Appeals Board. See within this title• Board of Adjustment - - and Appeals _ 26-16 ___ ___- From enforcing officer's action ___________-_________ Bearings. See. also within this title that subject AP-Aquatic Park Districts 26-9B -- Use regulations -----"------ -' 26-11 Area regulations, schedule __________--------------------- Authority and administration _ 26-30-26-33 - Generally -------•------------•------------------- Auto campers Travel parks. See within this title that subject ' ~ B-Districts 26-11(17) Business zones setback minimum __________--- ------ 26-6A s .-_------ ---------___-._---- Use ad'ustment and appeals _____-_______________--_----_----- Board of ~ 26-17 _ Boardinghouses, construed _____________.------------------- - 26-2 (6 ) 26-11 ---- -- _-___-_ Building and lot regulations, schedule ._________._ - Building code. See: Buildings Building permits 26_14 - ~ Plats accompanying application __--__---- ----- - • Buildings 26-2 (2) Accessory, construed ___-________-----------------_ _--- ' 26-2(1), 26-2(7) Construed _~_-____ -----=-__ - Floor area construed ---.---:------------------ -- 26-2(17a) - Grade regulations ___ -------~---------'- -" 26-2(17b) Beight regulations - -- - Supp. No. 34 803 r ~ i. s .~ ~ ~, .i c - ~. ~'.:. ~. CLEARRiATER CODE ZONING-Contd. Section Campers. Se_e within this title: Travel Parks Churches Conditional uses __--_____ _____^ ~~ 26-$A - Clearwater downtown development board act. See that • title Combination districts ` PUD-CI districts. See within this title that subject Commercial districts PUD-CI districts. See within this title that subject Conditional uses Churches __ ___-_-_------------------- 26-8A Conflicts of provisions -___--__-_--_---_-~--- 26-16, 26-18 ' Definitions -. ____-_____---_-__-_________-__ 26-2 Travel parks --___________-_----_-_.---- 26-11D(2) Districts, enumerated -_-__--______________-__._-__--- 26-3 Emergency shelter. See also: Civil Defense ' Construed ------------------ -------_ 26-2(11) Requirements _--_-___-____-__~--__-----_-_--- 26-11(12) Enforcement of provisions Authority and administration. See also within this title that subject Responsibility for _______-__--___--_-------_-- 26-16 ~ ~,, ~ Families, construed ___-______ _____ 26-2(12) Fences. See also that subject Fences and walls _-___:__-____-_~-____-_-_.__-- ---- . 2fr11(6) Filled lands, zoning of _.___"_________-_______________--___-- 26-19 Filling stations. See within this title: Service Stations Front of lots, construed ~_________-_-_-------------------- 26-2(13) Front yards, construed _~_________.________._____-------____-- 26-2{35) Garage apartments, construed ______.______________.__________ 26-2(14) Garages Private, construed --______-___________--_--------___--- 2G-2(15) Public, construed ------------------------------------------------- 26-2(16) Storage, construed ----_-----_-------------------------------- 26-2(17) General laws. See within this title: Provisions Half story 26-2(31) Construed ------------------------------------------- Near airport ------------------------------------------------- 26-12 HB Heavy 13usmess district, uses -------------------- - "-i-"'' Hearings ~ ~ Amendment procedure on rezoning, etc. ________________.___. 26-32 Board of adjustment and appeals. See within this title that subject Height regulations, schedule _______.___-___."__..--____________ 26-11 Home occupations, construed ________--___-_.____.__-____- 26-2(18) Industrial districts PUD-CI districts. See within this title that subject ' Supp. No. 34 $04 0 c t y _ _, . '! 1 -~ _ 'i ~' .~ f \` t _ k Si -i .t CODE INDER ZONING--Cont'~. Section _ - _ Institutional-semi-public use districts Use regulations ____ ~___-_ _ 26-9A Interpretation of provisions -_.__~-__- 26-18 Sunk andlor salvage yeards Defined -~___ 26-2(19aj Lodging houses, construed _.____._____.._ __.__ 26-2(20) Lot regulations, schedule ~___--____ _ 26-11 Lots Construed ___ ---____ _ 26-2 (1) , (21) Front of, construed _ 26-2(13) Grade regulations _-__- -_ 26-2(17a) M-Districts, uses - ~__--~_~~_ 26-7 _ Map Adopted ---------------- ------------------------- 26-3 ' Existing map ratified ____________.____________ 26-31 Mobile home Construed -_--__--_~ _.__---~_ --__-_-- 26-2(22) Prefabs registered as -__________. ___~____.____ .26-2(24) Mobile home park district Area requirements ~____~____-___--~_______- 26-5C(a, b) Plat requirements ______ _________~-_____________ 26-5C(e-h) Setback requirements ______________.___-__-___________ 26-5C(c, d) Uses permitted -__--_ ___-~ ------~____-- 26-bC '. Model home, construed _ _____~_~________________ 26-2(23) Motel unit, defined _-_____-__~_-_~________:____ 26-2(24a) Motels, construed _____-~_ -~_~_________-___ 26-2(24) • Motor homes Travel parks. See within this title thst subject Multiple dwellings, construed _________________-_______________• 26-2(10) •' Nonconforming uses .-~____-_--~--------_---------__-_ 26-10 Construed __-- -- _-- -----_--__ 26-2(2b) • - Notice, construed ._____.._~~~_ __~-__:_.________ I 26-2(26) ' - Number, construed -~_______-__ __________ 26-2 (1) ' Occupy, construed ___-_ _-__~ ___________ 26-2(1) Off-street parking and loading - All' use districts• __._________-_~~-____________-__-_ 26-11(10) Schedule of requirements _____________-________________ 26-11A Travel parks. See hereinbelow that subject One-family dwellings, construed __._____ 26-2(8) Open space requirements ~ Water front property --___.___-~_-___--__ 26-11(16) Ordinances. See within this title: Provisions .Other, construed ___.-_~- -----------____-- 26-2(1) Outbuildings _______ ~_ ~ _____________ 26-12 - P-Districts, uses - _,______-_____ 26-9 Persons, construed ~__ __-___________-___ 26-2(27) Supp. No. 34 $05 i . t 1 ~' I i i '~~ it c _- • .~ .~ CLEAR~YATER CODE ZONING-Gont'd. Section PKB Parkway business district, uses _______________.-__________ 26-5F Places, construed ______.___________._____-____._._________..________ 26-2(28) Planned unit development (PUD) Defined --------------------------------------------------------- 26-2(28x) - . PL'D-CI district. See hereinbelow that subject Specific requirements. See within this title various districts Planned unit developments ___________:_-,_____________-___.______ 26-11B Planning and zoning board -___________-__________._____ 26-15 Plats Accompanying application for building permits .___ 26-14 Plot, construed ________-.-_-_________ _________________._ 26-2(1) Plural number, construed ____-_________________________.__ 26=2 (1) Prefabricated .structures - --_ Construed _______-_--___,___~__-___________.____~ 26-2(24) Taxation, registry of __________ ___________________ 26-2(24) Present tense, construed ___-____-________________________ 26-2 (1) Private garages, construed ____________ __________________________ 28=2(16) Professional and related services ciiatrict Use, area, parking, etc. ______~___ --------------- 26-5D Provisions Amending, procedure _______--_--~_________.___.__ 26-33 Conflicts ------------------------=---------------------•------ 26-i6, 26-18 Enforcement -------------------------------------=---------- 26-16 Existing ordinances, map ratified ._______-____________________ 2G-31 General law, adoption ___________-.________-___________________ 26-30 Hearings,. zoning without ._______-_________________________ 26-32 Interpretation -------------------------------------- --------- ----- 26-18 Purpose -------------------------------------------------------.. 26-18 Short title ___.___.___,_____--___-_-- ------------------- 26-1 Unzo~led lands, regarding -__________-___________________ 26-32 Public garages, construed _______________________-____._______________- 26-2(16) PUD-CI districts (Planned unit development, etc.) Use regulations ____________________________________ _ - ----------------- 26-8 PUD-R districts Use regulations _.______________-_______--_ _.__. ------------- 26-8 Purpose of provisions _-____~____________________________--__- 26-18 R-1 districts, uses _____-_________________~___________.____ 26-4 R-2 districts Use regulations ______-__---_________-___________________ 26-5 R-3 districts Use regulations ----------------------------------------------------- 26-5A R-3 (LD) districts Use regulations -----------------------------------•---------- 26-5A R-4 districts Use regulations ______.-__~_~_-_-___-_________________ 26-5AA Supp. No. 34 fibs - .. 1 f ~ CODE INDEX i i i - t: ~. ~- ZONING--Contd. Section -- R-bt districts, uses -____ ._r~_,._________._ 26-SB Rear yards Construed. ____________:_~ -^:__-_ 26x2(36) Recreation trailers and campers Travel parks. See within this title that subject Rezoning, amendments, etc. See within this title: Pro- - visions Roofing. See that subject Schedule of lot and. building. regulations _______________. 26-11(7) Service station Applications, plans and other requirements -______ 26-1'1C Setbacks ______-__-___-__--____---____.________ 26-11 "B" business zone compliance __________~__-___~_ 26-11{17) Shall, construed ___ . _ ~_-___._-_____-~__ 26-2(1) Shelter. See hereinabbve: Emergency Shelter Shopping center district . Uses, area,. parking, etc. _____~--___.___________ 26-5E Short title of provisions __~_______,-^_______._____ 26-1 Side yards, construed __A_~_______ ~_ Sign restrictions included by reference ________._________. _.. 2G-lA Signs and billboards. See that subject Specific regulations. See within this title various districts Singular number, construed -_______________________________ 26-2(1) Storage garages, construed ____________________________________ 26-2(17) Stories Construed --------------------------------------•--------------------- 26-2(30) Ilalf story, construed __.____________________________________________ 26-2(31) Streets, construed ------------------------------------------------------------ 26-2(32) .Structures, construed ___.____________________________._________-______ 26-2(33) 'Subdivisions. See that subject - Tense, construed _--------•------------------------------------____-- 26-2(1) Travel parks Enumerated requirements _______.____________-___________._____ 26-11D Townhouse developments ___._____________________.________________________ 26=11B Townhouse structure, construed ___________________.____._____26- 2(10)(a)-(c) Two family dwellings, construed ____________________________._______. 26-2(9) `Unzoned lands ----------•------------•----•------------------------- zti-d2 Use provisions B districts -------•------------------------------------------------ 26-6 M districts --•----------------------------•----------=------------- 26-7 Mobile home park district _____.__________________:_-______ 26-5C P districts -------------•-------------------------------------------- 26-9 Parkway business. district __..___________-__________-_________ 26-5F Professional and related services district ___________._____ 26-5D PUD-CI districts _..._.___:__.___.___-___________-___._______ ~ 26-8 Supp. No. 34 807 1 ` • ~ ~~'~ CLEARWATER CODE ZONING-Contd. Section R-1 districts - - ------------------------------------_._-._.-------- 26-4 ,. R-2 districts -------------------------------- -- 26-b ------- ~ R-3 districts ----------------------------------------------------_ 26-5A t ' R-4 districts ---.___--------------------__-_-_. -- 26-5AA ------- R-M districts -------------------------------.._-----------_-___-_____ 26-68 Shopping center district -___~~ -._~_ 26-5E Salvage and/or junk yards Defined __-___--._ ___ -__ _ 26-2(19a) ` Uses Accessory, construed _ __-_ -- _ 26-2(3) ~~ R Conditional uses - Churches. See within this title that subject ,. Construed __.________,__--_-______ Districts. See within this title that subject See also within this title various use districts as '. i • indexed ' Nonconforming, construed -____-~_-_-_____ 26-10,26-2(25) ~, Water front property - - Open spaces requirements __________-_.--.-___,___ 23-11(16) ____.._ :' Yards, construed _ _~- 26-2(34) • `1 Zoning and planning board _________-______~_________.___ 26-26 ;~ Zoning map - `; _ \` ~~._. Adopted -------------------____-- -_-__ 26-3 Ratified. See within this title: Provisions 1 - ;.~. ;t i `. ~. a - ~ ~ ~.. __ , Supp. No. 34 808 ; - - '. j - : • • •~_ ,~ r ~. LAND CO:hT?2r?CT THIS AGREEMENT made and entered into this ~%~~~~dav of Cjc~ ;~, ~L ~---~~jt' t'; A.D. 1972, by and between UNITED ST~?TF.S r STEEL CORPORATION of the first part hereinafter called the Vendor, and CITY Or^ CLEARSvATER of the second part hereinafter called the Purchaser, WITNESSE'TH: That in consideration of the mutual promises ..~_ -,, ,. LAW OFFICES OF RICHARDS. NODINE. GILKEY. FITE. ~EYER & THOLS?SON. P. A. CLEARWA-ER. TLORIDA~ a and covenants herein contained, and One Dollar ($1.00) paid by Purchaser to Vendor, and other valuable considerations passing between the parties hereto, the. Vendor agrees to sell and t're . Purchaser agrees to buy the following described property situate, lying and being in Pinellas County, Florida, to wit:. Property described as Tract A on Schedule attached hereto r.~ ... . , and by reference incorporated herein, consisting of thirty- eight (3fi) acres, more or less . Property described as Traces C on Schedule attached hereto and by reference incorporated herein, located in the vicinity of Myrtle Avenue Extension, consisting of nine (9) acres, more or less . ,~, ~ . l.. The total purchase price of said property shall~,be f~ ~ ~ ~ .. I the, sum of Three Million One ~iundred Fifty Thousand ,Dollars ($3,150,000.00) payable at the times and in the manner following: Twenty per cent (20~), or Six Hundred Thirty Thousand ., Dollars ($630,000.00), to be paid in cash at the time of closing; Ba?ance to be represented by a promissory note or ether obligation of a type to be designated by the City, secured by a purchase money mortgage covering the property conveyed pursuant to this contract. The City shall have the right to designate the type of obligation-given by it hereunder~so (that 'it will not constitute a general obligation of the City:r ~.. payable. from a3 ;valorem taxes and shall 'not constitute apledge of the full faith .and credit of the City, but shall he payable from such funds as the City may designate. Said note or other ' s • t,. ~ 9a 3 ~ . ~~ i • I obligation shall bear interest at the rate of 3.2~ per annum during the first year, 3.5~ per annum during the second year, 3.75' per annum during the third year, and 4~ per annum after the third year, which interest shall be income tax free to Vendor, as evidenced by proper opinion of counsel to be provided by the Purchaser. Said note or other obligation shall provide for equal annual principal payments beginning one (1) year from the date of closing, plus interest in an amount sufficient to retire said obligation within not more than five (5) years from the date of closing. Purchaser shall have the right to prepay said obligation without penalty or to .pay cash at closing. The Purchaser shall have the right at its option to delay the conveyance of title hereunder for the purpose of protecting the ability of the Purchaser to participate in a Federal grant. In••such event the Purchaser shall pay to the Vendor the cash payment of Six Hundred Thirty Thousand Dollars ($630,000.00) and shall continue as a contract purchaser hereunder. 2. As additional consideration for the property to be i LAW OFFIG EB OF RICHARDS. NODIIiE. GILKEY. FIT E. ~. C•SEYER & THOMPSON. P. A. I CLCARWATE R, FLORIDA conveyed hereunder, the Purchaser covenants and agrees to furnish to the Vendor fill dirt to be placed upon remaining property owned by the Vendor on.Sand Key at the location marked D on the~map attached hereto. Said fill dirt shall be of a quality suitable for filling said property in order to permit the conventional construction of buildings thereon. '.['he Purchaser shall furnish a total of six hundred thousand (600,000) cubic yards of such fill dirt to said designated location on or before December 31, 1973. At any time prior to December 31, 1973, the Vendor shall have the right to remove sand-for fill dirt purposes from the area designated.as Area E on the map attached hereto, which-removal shall be' at the sole expense of the vendor. 'Any fill dirt removed by the. Vendor at its expense shall be credited. against the total of ,six hundred thousand (600,000) cubic yards which the City is .obligated to provide hereunder. In the event that the Purchaser c•ar~not deliver all of the fill dirt _2_ A ,^ a LAW OFFICES Or RICHARDS. NODINE. GILKEY. FIT E. MEYER & THOMPSON. P. A. . CLEARWATER. FLORIDA r, i 1 ~~ • , required under this paragraph on or before December 31, 1973, the parties shall endeavor to agree upon a mutually satisfactory extension of time for delivery thereof. In the event that the parties cannot agree upon such extension, the Purchaser shall be obligated to pay to the Vendor an amount equal to One Dollar ($1.00) for each cubic yard of fill dirt not so delivered. Said additional obligation shall be added to the indebtedness secured by the purchase money mortgage described in paragraph 1, shall be payable on the same terms as said remaining indebted- ness and shall be secured by said purchase money mortgage. This covenant shall survive the closing of this transaction. 3. In addition to the property described as Tract A, consisting of thirty-eight (38) acres, the Purchaser shall have the option of purchasing from the. Vendor that additional tract described as Tract B on the Schedule attached hereto and by reference incorporated herein, consisting of twenty- two (22) acres, more or less, upon the following terms and conditions: . (a) The purchase price for said Tract B shall be computed at the rate of Two Dollars and Thirteen Cents ($2.13) per square foot of property included in said Tract B, plus an amount equal to one-half (1/2) of the difference between said $2.13 figure and the average sales prices of all contacts with other purchasers or bona fide offers from other prospective purchasers for portions of Tract B which have been received by_Vendor prior to November 10, 1972. By way of illustration, if the average sales price of all contracts or bona fide offers ',received by the Vendor from other persons for sales within . said Tract B is $4.13 per square foot, then the option price of said Tract B to the Purchaser herein shall be .$3.13 per square foot. ,(b) If the Purchaser desires to exercise its option to purchase Tract B, then it shall notify the Vendor to that effect at some time between November 10, 1972, and DTovember -3- k - ,~~°~ • / 15, 1972. r • (c) If the Purchaser exercises its option to purchase Tract B, then the terms and conditions of the sale of the same shall be identical to those set forth in this Contract with respect to Tract A, that is to say, there shall be a down payment made at the time of closing of twenty per cent (20$) of the purchase price of said Tract B, and the balance shall be represente by a promissory note or other evidence of indebtedness ar_d secured by a purchase money mortgage, subject to all of the terms and conditions set forth herein with respect to said Tract A. 4. This Contract is being entered into as the result LAW OFFICES OF RICNARDS. NODINE. GILKEY. FIT E. MEYER & THOMPSON. P. A. CLEARW ATE R. FLORIDA of extensive negotiatior_s between the Vendor and the Purchaser, constituting the governmental body most directly involved with this property and primarily responsible for supervising its use or development. In the event that any litigation should be instituted or joined in by the Trustees of the Internal Improvement Fund of the State of Florida, or any other govern- mental body or official or public agency seeking to condemn any portion of the Sand Key property owned by the Vendor or claiming any public interest or ownership in, or restriction upon use~of, the entire Sand Key property owned by the Vendor, at any time prior to the closing of this transaction, the Vendor ,shall have the right to cancel this Contract at any time prior Ito closing and be relieved of all ,further liability hereunder. 5. In consideration of this contract, Purchaser covenants and. agrees, for a period of ten (10) years from the date of the closing of this transaction, not to institute or join in any action for the condemnation or taking by eminent domain of any of the additional property owned by the Vendor on Sand Key at that time. This ccvenant shall survive tre closing of this transaction. 6. The property to be conveyed hereunder shall be conveyed subject to the rights, if any, of the plaintiffs in that certain -4- ~ Y . ~• • law suit brought by Save Sand Key, Inc. against the~Vendor, being Civil Suit No. 37354 in the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida, which suit is now under appeal in the Court of Appeal for the Second District of the State of Florida. The property shall also be conveyed subject to the following restrictions on its use, which restrictions shall be incorporated in the deed given by the Vendor to the Purchaser, to wit: a. For a period of twenty-five (25) years from the date of the closing of this transaction, the Purchaser shall rot resell any of the property acquired hereunder to any person or organization except the County of Pinellas, State of Florida or the United States of Pmerica. b. In the event that the Purchaser does not execute its option to purchase Tract B, it agrees that the following restrictions will be observed with respect to Tract A: (1) No buildings will be constructed thereon except for public purposes. (2) No building shall be constructed west.of Gulf Boulevard more than one (1) story in height. (3) No building shall be constructed east of Gulf Boulevard more than two stories in height. . (4) The Purchaser will establish roads and parking LAW OPPICfi6 OF • RICHARDS. NODINE. GILKEY. FIT E. MEYER & THOMPSON. P. A. . CLEARW ATE R. PLO RIDA lots only at the locations shown on the map attached hereto and will landscape all parking lots and. provide pedestrian ingress and egress across the same for the benefit of the general public including the owners and users of Tract B. The Purchaser will also provide vehicular access on the east side of Tract 'B to ,the city road to be constructed adjacent thereto. 7. The parties hereto have jointly sponsored a jetty study being performed by the University of Florida under tYie direction of Dr. Dean. When these studies are completed and construction of the jetty has been approved by all necessary governmental bodies with sufficient data at hand to establish -5- .. l~f :~I.~f ~'.. .t .. .-.. '_ .. r • • `. the cost of construction thereon, it is agreed that the Vendor will discuss with the Purchaser such participation in the financinc of the construction cost of the jetty as_the benefits to the then- o~aned property of the Vendor justifies. This covenant shall sur- wive the closing of this transaction. 8. ~ IN CONSIDERATIOr1 ~aI-iEREOF the Vendor promises and agrees to convey to the Purchaser by good and sufficient warranty deed containing full covenants of warranty a fee simple insurable title to the real estate above described, free and clear of all encumbrances except as herein otherwise provided and except as follows: all easements and rights-of-way; any and all rights of the County of Pinellas, State of Florida, and the Federal Government. in, to or on any land below the mean high water :. mark of the property covered by this Contract, and all waters surrounding the said property or any bulk head lines or navigation rights in said waters. - . 9. The Vendor agrees to deliver to the Purchaser, as soon as the same can be obtained with reasonable diligence, a written commitment. issued by somQ recognized title insurance company doing business in the State of Florida binding that company to insure the title in the Purchaser upon the consum- mation of this agreement. Said title insurance company shall agree to eliminate the survey exception, provided the Purchaser furnishes a .current survey the cost of which is to be born equally by the Purchaser and the Vendor. In the event that the title of the Vendor is not insurable, the Vendor shall have a reasonable time thereafter to perfect the title and ',will in good faith exercise due diligence to do so; and if the defects are not cured within a reasonable time, then the Purchaser may demand a return o= all earnest moneys paid by him and cancel this contract, or waive the defects and accept the property without deduction~on account of said defects. 10. Parties agree to prorate-real estate taxes as of the uw osflcle of RICHARDS. NODINE. I-- CaILKEY. FIT E. MiETER Ec THOMPSON. P. A. • ~ CLl AlIWAT[R. /LO RIDA date of closing. -6- t~ .: ~" , 11. This sale shall be closed as soon as title insurance comrrnitment has been issued, ar..d Vendor's' title found to be as herein represented; and in any event the sale shall he closed not later than January 31, 1973. The time of closing shall be~of the essence hereof. 12. The Purchaser shall be permitted to go into possession of the property covered by this contract on closing. 13. Required documentary stamps shall be placed on the deed by the Vendor. In the event that a purchase money mort- gage is taken by the Vendor as a part .of the purchase price, the intangible tax thereon shall be paid by the Vendor, and required documentary stamps on the note secured thereby shall be paid for by the Purchaser. 14. In the event that it becomes necessary for either party to enforce this contract by legal proceedings, then all costs of such proceedings, including a reasonable attorney's fee, shall be paid by the defaulting party. 15. The Purchaser shall have the right to assign its inter- est under this Contract only to the County of Pinellas, State of Florida or the United States of America. IN WITNESS 6v~iEFFOF, the parties have caused these presents to be~executed the day and year first above written. UNITED STATES STEEL CORPORATION By ,~~~ President, USS Realty Development Division ATTEST: ~~6 Assistant Secretary Approved as to form & correctness: / 1 ~ City Attorney CITY OF ~, j R By~ Acting City Countersign LAW OFFICES OF RICHARDS. NODINE. GILKEY. FIT E. MEYER R THOMPSON. P. A. CLEARWATER. FLORIDA -7- VENDOR ER ~ FLORIDA Mayor-Comm; ss er PURC ER ~1 ~'lf I;til l~i j; :. 5 r •~ c ADDNNDUM TO NAND CONTRACT THI5 ADDENDUM TO LAND CONTRACT made and entered into this /~''~ ~ = !~=i day of Jan~a~-~, A.D. 1973, by and between the UNITED STATES STEEL CORPORATION of the first part, hereinafter called the Vendor, and CITY OF CLEARWATER, FLORIDA, of the second part, hereinafter called the Purchaser; W I T N E S S E T H: That in consideration of the mutual promises and covenants herein contained, and One Dollar ($1.00) paid by Purchaser to Vendor, and other valuable considerations passing between the parties hereto, the parties hereto agree to amend a certain Land Contract entered into the 18th day of September, A.D. 1972, between the parties hereto, which said amendments shall super- Bede the covenants therein wherein there is a conflict; otherwise all covenants in the original Land Contract shall be binding and-shall extend and survive until the closing of Parcel 5 as set out below, unless otherwise indicated in said Land Contract to be for a greater period, and the parties further agree as follows: 1. The Purchaser and Vendor mutually agree that the title to the entire property consisting of Tracts A, B, C and Area E shall be divided into seven (7) separate parcels numbered Parcels 1, 2, 3, 4 and 5, and Tract C and Area E, according to the attached survey, marked Addendum Exhibit 1. 2. The parties hereto mutually agree that after applying the formula contained in Paragraph 2, subsection (a) of the original Land Contract that the total purchase price of the acquisition is $6,325,200.00. 3. The parties hereto mutually agree that there shall be up to five (5) separate closings on Parcels 1 through 5 over a period of four (4) years with the Purchaser having the option ~lD~-s ~ ~, to close at any time without penalty on all or any of the said tracts within the next four (4) years from the date of first closing, provided that Purchaser may only, close upon the parcels shown on Addendum Exhibit 1 in numerical order commencing with Parcel 1, then Parcel 2, Parcel 3, Parcel 4 and Parcel 5. The first closing on Parcel 1, as described in Addendum Exhibit 1, shall be on January 31, 1973, or as agreed upon by the parties hereto should an extension of time prove necessary, and the purchase price of $1,340,000.00 is hereby assigned to Parcel 1, which purchase price is due and payable in full at the time of closing. Parcel 2 shall be closed on or before December 31, 1973, at a purchase price of $1,246,300.00, at which time interest as provided in Paragraph 7 shall be paid. Parcel 3 shall be closed on or before December 31, 1974, at a purchase price of $1,246,300.OO,.at which time interest as provided in Paragraph 7 shall be paid. Parcel 4 shall be closed on or before December 31, 1975, at a purchase price of $1,246,300.00, at which time interest as provided in Paragraph 7 shall be paid. Parcel 5 shall be closed on or before December 31, 1976, at a purchase price of $1,246,300.00, at which time interest as provided in Paragraph 7 shall be paid. ' 4. The parties hereto mutually agree that at the closing of Parcel 1 a Quit Claim Deed shall be given to the Purchaser by the Vendor for Tract C and Area E and that the provisions concerning Area E with respect to the Purchaser's furnishing fill shall survive this closing as contained in Paragraph 2 of the original Land Contract. The consideration for Tract C shall be included in the consideration for Area E. 5. At the time of the closing on each of Parcels 1, 2, 3, 4 and 5, the Vendor shall give a Warranty Deed and title insurance shall be furnished both reflecting an insurable title, free and clear of any encumbrances, except as specified in the original Land Contract, and except for the rights, if any, in < -2- t ,- • • the public in the so-called "dry sand" area, according to the attached survey marked Addendum Exhibit 1. The said title insurance commitment shall be delivered as soon as possible before each closing, but in any event within a reasonable time prior thereto. 6. It is mutually agreed between the parties hereto that taxes of any kind levied and/or assessed against Parcels 2, 3, 4 and 5 shall be pro-rated as of the date of the closing of Parcel 1 and that the Purchaser shall be liable for any and all taxes assessed against the property or any other costs from that date through the next succeeding four (4) year period, or until all parcels are acquired by Purchaser or the Land Contract and the Addendum have been otherwise terminated, and shall pay the same promptly when presented with the tax bills. 7. It is mutually agreed between the parties hereto that as far as the payment of the balance of the total purchase price is concerned the Purchaser shall be considered to be a contract purchaser in possession and the Purchaser shall pay to the Vendor, based upon the unpaid balance of. the-total purchase price of the acquisition, as indicated in Paragraph 2 hereof, sums of interest as indicated herein. If, prior to December 31, 1973, the Purchaser can secure a ruling acceptable to the Vendor from the Internal Revenue Service that the interest is tax free, then interest is calculated and paid on the tax free schedule shown below; otherwise the interest is calculated and paid on the taxable schedule shown below. In the event that interest as provided for herein shall not be paid when due or any of said parcels shall not have been closed in accordance with the schedule set out in Paragraph 3 hereof, unless an extension shall have been agreed upon, the Land Contract and Addendum thereto shall .terminate and the license granted to the Purchaser, as set out in Paragraph 8 hereof, shall expire and Vendor shall be entitled to immediate and exclusive possession of the remaining unconveyed parcels. -3- • ., Interest Schedule Nontaxable Taxable Schedule Schedule Interest to be paid to Vendor by Purchaser on or before December 31, 1973 3.2% 6.154 Interest to be paid to Vendor by Purchaser on or before December 31, 1974 3.50 6.731$ Interest to be paid to Vendor by Purchaser on or before December 31, 1975 3.750 7.212$ Interest to be paid to Vendor by Purchaser on or before December 31, 19 7 6 a_r+~~~~~pec-~ t1i-~e-ly , and thereafter ~~~ if necessary 4.00 7.692 8. The parties hereto mutually agree that upon closing of Parcel 1, the Purchaser shall have a license for right to exclusive use and control of the land described in the remain- ing unconveyed parcels. The Purchaser, in return for such license, agrees to assume all risks, costs and liabilities of whatever kind in connection with said parcels and to hold Vendor harmless from all such risks, costs and liabilitiesT It is further agreed that any improvements placed on the remaining unconveyed parcels during the term of the licensed use thereof shall be subject to the prior approval of the Vendor, which approval shall not be unreasonably withheld, and shall be placed on the property at the Purchaser's risk and that should the purchase arrangements and closings thereon be not completed in accordance with the terms of the Land Contract and Addendum thereto, that any such improvements placed thereon shall become and remain the .property of the Vendor. This covenant shall survive the closing of Parcel 1. IN WITNESS WHEREOF, the parties hereto have caused these -4- ~,; ~,~F~_.. ~{ ~ ` • presents to be executed the day and year first above written. Attest: ~~ Assistant Secreta , United States Steel Corporation UNITED STATES STEEL CORPORATION By ~,~?~2- ~%2~ As resident of USS Realty Development Division VENDOR Co}~fif~e~igned scone Approved as to f~In & correctness i ~ `~"T/' City Attorney CIT F CL AR ATER, FLORIDA By City Manager Attest: i ,' Ci Clerk PURCHASER -- 5-- DPT:cao A G R E E M E N T ~. THIS AGREEMENT made and entered into this 20th day of November, A. D. 1973, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City", and PINELLAS COUNTY, apolitical subdivision of the State of Florida, hereinafter referred to as "County"; W I T N E S 5 E T H That in consideration of the mutual promises and covenants herein contained, and One Dollar ($1.00) paid by the County to the City, receipt of which is hereby acknowledged and other good and valuable consideration passing between the parties hereto, the said parties hereby agree as follows: 1. The City agrees to sell, convey, assign and exchange and the County agrees to buy certain real property on Sand Key, in the City of Clearwater, Pinellas County, Florida, as set out below. 2. The City agrees to convey fee title, subject to reservations, restrictions, covenants and easements of record running with the land, to the land previously purchased and paid for by City from United States Steel Corporation lying West of Gulf Boulevard described as Parcel lA in accordance with the survey, marked Exhibit "1", attached hereto and made a part hereof, retaining such easements, both temporary and permanent, as are required for the construction and maintenance of a proposed jetty by the City. 3. The City also agrees to convey the fee title, subject to the above items, to a portion of Area E as described on Exhibit 1, which lies Southerly of the alignment and location of the proposed jetty, subject as aforesaid to necessary easements. 4. Further, the City will retain title to the area designated as Parcel 1B as described on Exhibit 1, which is land lying Easterly of Gulf Boulevard. ._ _1_ ~~0 3_ y if 5. 'The City shall not be required to convey title to Parcel 1A until after the receipt by the City of the Federal Grant payment currently pending on Parcels 1A and 1B as described on Exhibit 1, or for a period of one year from the date of this Agreement, whichever first occurs. 6. The City hereby assigns and transfers to the County all rights , liabilities and obligations of the City unto the Land Contract dated the 18th day of September, A. D. 1972, by and between United States Steel Corporation and the City of Clearwater, a copy of which is attached hereto as Exhibit "2A", together with the Addendum to Land Contract, dated the 5th day of February,. A. D. 1973, by and between United States Steel Corporation and the City of Clearwater, Florida, a copy of which is attached hereto as Exhibit "2B", 7. The City will proceed with financial arrangements to enable City to dredge the Clearwater Pass Channel and to construct the proposed jetty. It is understood that the initiation of construction on this jetty by the City within a reasonable time after the receipt of all required authorizations and permits from the necessary local, State and Federal regulatory agencies is part of. the consideration to the County for this transaction, and should the City fail to initiate construction of such a jetty within a reasonable time as aforesaid, then the County may avail itself of legal remedies available, including, but not limited to, suit for specific performance, All fill material from the dredging of Clearwater Pass and from the dredging of Area E lying Northerly of the proposed jetty alignment line will be deposited either on Clearwater Beach on the North side of Clearwater Pass or Southeasterly of the proposed jetty alignment on Sand Key. Subject to the permitting autho.ritiest approvals, it is anticipated that not more than 200, 000 cubic yards of such fill will be deposited on Clearwater Beach and the remainder of such fill currently estimated to be approximately 800, 000 cubic yards, m. o. 1. , will be deposited on Sand Key. The amount to be deposited on Clearwater Beach will be as required by the permitting authority. -2- ~;' ' ~ ' A • 8. The City will retain ownership of the land already purchased lying Easterly of Gulf Boulevard described as Parcel 1B as described on Exhibit 1, and will provide assurance to the County that the said land will be used for public recreational purposes, which may include a: small boat launching facility and po s sibly a public marina. 9. It is further agreed that as the County purchases Parcels 2A and B, 3A and B, 4A and B and 5A and B, as described on Exhibit 1, it will immediately deed to the City at no cost to the City the said Parcels lying Easterly of Gulf Boulevard, as shown on attached Exhibit 1, to wit: Parcels 2B, 3B, 4B and 5B, and the same covenants and restrictions concerning public use will be observed as to all lands conveyed to the City easterly of Gulf Boulevard. It is further agreed that the City hereby reserves unto itself, and the County acknowledges the City's right to the full and exclusive use of all lands lying Easterly of Gulf Boulevard for its public purposes. At such time as the City is prepared to proceed with the development of the aforesaid lands lying Easterly of Gulf Boulevard, both the City and the County agree to expend every reasonable effort within budget limitations to obtain a suitable settlement with the United States Steel Corporation for the immediate transfer of fee title to those lands lying Easterly of Gulf Boulevard in order that the City may expeditiously proceed with the development of this property. 10. The City agrees that at such time as the Clearwater Pass Bridge Bonds are retired that consideration will be given to the elimination of the toll on the Bridge unless another bridge facility is needed at the time either to ~/ replace the present bridge or to construct an additional bridge to Sand Key in another location. The County and the City will make every effort to encourage the inclusion of this Bridge and Gulf Boulevard in the State primary road system. The City will maintain Gulf Boulevard until such time as it is included in the State road system. _3_ • ~. 11. The City will grant to the County a public use easement for the jetty on Sand Key or, at the option of the City, may convey the jetty to the County for park and public recreation purposes. The City agrees to maintain the jetty for the first five years following its completion with the exception of the asphalt walking surface which shall be maintained by the County. After said period of time, the City and the County shall enter into an Agreement for its continued maintenance upon such terms as are then negotiated. The County will grant to the City such access easements across County land as are necessary for the City to construct or maintain the jetty. The City and County agree through the use of public equipment to share evenly the cost of relocating and grading spoil material that will be deposited on Sand Key properties Southerly of the jetty as a result of dredging Clearwater Pass. 12, It is agreed that personnel of the County Parks Department, while in the performance of their official duties in connection with the administration and maintenance of the County Park to be developed on the land acquired by the County hereby, shall have the toll-free use of the Clearwater Pass Bridge. 13. The City agrees to provide sewer, water, garbage and trash collection to the County park facilities at a cost not exceeding that of the cost to the City for furnishing said services. The City will provide the same police and fire protection services to the County park facility as is afforded on Clearwater Beach. 14. The City agrees to proceed when dredging the Clearwater Pass channel to deposit spoil Southerly of the proposed jetty alignment on land to be acquired by the County. 15. The City will grant to the County such drainage or other utility easements as are required by the County in connection with the development of its property acquired hereby. 16. The City will provide properly trained lifeguards for the County park facility at a cost to be negotiated. -4.. ,. ~ ~ ..,, - ~ •T 1 • ' • ~ ~ ~ f 1 17. The County agrees as follows: A. The County guarantees and covenants with the City that the land conveyed by the City, which is the subject of this Agreement, and that which will be acquired by the County under the terms of the Contract with United States Steel Corporation and the City of Clearwater will be used for public park and beach purposes only in perpetuity. B. The County agrees to convey fee title to the City to the lands that will be acquired by the County lying Easterly of Gulf Boulevard under the same terms as aforesaid in Paragraph 9 above, to wit: Parcels 2B, 3B, 4B and SB, as shown on Exhibit 1. C. The County agrees to assume and pay the financial obligation and responsibility, to wit: $550, 000. 00 more or less, which is due United States Steel under the existing contract and addendum, Exhibit 2A and Exhibit 2B hereto, which said payment will be in lieu of fill dirt computed at $1. 00 per cubic yard. D. The County covenants and agrees with the City that it hereby accepts the assignment from the City of all contract rights and obligations of the City under that certain Land Contract dated the 18th day of September, A. D. 1972, together with the Addendum to Land Contract dated the 5th day of February, A. D. 1973, by and between the City of Clearwater and United States Steel Corporation, copies of which are attached hereto as Exhibits 2A and 2B, respectively, and that it hereby assumes and agrees to perform all of the City's liabilities and obligations thereunder and will abide by and comply with all of the covenants and terms therein with United States Steel Corporation. The parties further covenant and agree that in the event of the County's inability to proceed under the said contract for any reason, that the City will have the first option to purchase the lands in accordance with the aforesaid Land Contract and its Addendum executed between United States Steel Corporation and the City of Clearwater. -5- • ~ ~ • 18. The parties hereto mutually agree that this Agreement shall be binding on each of its successors and/or assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written, CITY OF CLEARWATER, FLORIDA C _. ay - ommissioner Approved as to for correctness: City Attorney PINELLAS COUNTY, FLORIDA, by and through its Board of County Comm,; ssioners By Chairman Attest: HAROLD MULLENDORE, CLERK Deputy Clerk . pPPROV COON YOATOORNEY OFFICE OF ,~~`~~~~ BY C""'` Attorney - 6- I City Manager