8098-09
ORDINANCE NO. 8098-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE TO
MODIFY SUBSECTION 3-2102 "PERMITTED TEMPORARY USES" TO
INCLUDE OUTDOOR AUTOMOBILE, BOAT, AND RECREATIONAL
VEHICLE SHOWS; TO MODIFY SECTION 3-2103 "STANDARDS" TO
INCLUDE STANDARDS FOR THE OUTDOOR AUTOMOBILE, BOAT,
AND RECREATIONAL VEHICLE SHOWS TEMPORARY USE; AND TO
PROVIDE AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted a new Community Development Code on
January 21, 1999 which was effective on March 8, 1999, and
WHEREAS, the City of Clearwater desires for the Community Development Code to
function effectively and equitably throughout the City, and
WHEREAS, it has been determined that certain locations and use of commercial
properties for limited temporary uses promotes the local economy, and
WHEREAS, it has been determined that limited and reasonable restrictions on such
temporary uses are in the public interest, and
WHEREAS, the City of Clearwater has determined where the Community
Development Code needs clarification and revision, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Article 3, "Development Standards", Division 21, "Temporary
Uses", Section 3-2102, "Permitted temporary uses", of the Community Development Code,
be, and the same is hereby amended to modify subsection A, as follows:
Section 3-2102. Permitted temporary uses.
A. The following temporary uses are permitted subject to obtaining a Level One
approval in accordance with the provisions of Article 4, Division 3 and the provisions of this
division:
1. Circuses and/or carnivals.
2. Contractor's offices and/or construction sheds.
3. Evangelical and religious revivals or assemblies.
4. Sales for Christmas trees, pumpkins or other seasonal materials.
5. Other temporary recreational or entertainment related events or activities such as
fairs, concerts or festivals.
Ordinance No. 8098-09
6. Outdoor bazaars, cookouts, special fund raising sales and/or similar activities.
7. Sidewalk sales.
8. Temporary commercial parking lots associated with special events.
9. Temporary real estate sales offices.
10. Temporary relocation tents or mobile homes for displaced persons as a result of
natural or manmade disasters in a neighborhood or area.
11. Temporary retail special sales and displays (e.g., occasional sidewalk or parking lot
sales).
12. Block and neighborhood parties.
13. Portable storage units.
14. Outdoor automobile. boat. and recreational vehicle shows.
Section 2. That Article 3, "Development Standards", Division 21, "Temporary
Uses", Section 3-2103, "Standards", of the Community Development Code, be, and the
same is hereby amended to modify "ADDITIONAL REQUIREMENTS FOR TEMPORARY
USES" table and add number five to subsection B, as follows:
Section 3-2103. Standards.
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ADDITIONAL REQUIREMENTS FOR TEMPORARY USES
Maximum Cumulative Allowable Time Period
for Each Separate Use (per site per calendar
Temporary Use year or absolute time limitation, as applicable) Permitted Districts
Block and neighborhood parties 2 days All residential districts
Circuses or carnivals 14 days C, IRT, and I
Contractors office and/or During construction period only while building All districts
construction sheds permit is valid
Evangelical and religious revivals or 7 days C, D, T, I and IRT
assemblies
Garage, yard or estate sales No more than 2 times per property within one All residential districts
year; no longer than 3 days each
Sales for: Christmas tree and All non-residential zoning
pumpkin sales and other seasonal 45 days
sales districts
Other temporary recreational or 7 days, except 14 days for annual events All nonresidential districts
entertainment events approved by the special events committee
Outdoor bazaars, cookouts, special
fund raising sales and/or similar 2 days C, I and D
activities
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Ordinance No. 8098-09
. .
Sidewalk sales 7 days in conjunction with a special event T and D
Temporary commercial parking lots The period of time during which the temporary All districts
use the parking serves is authorized
Temporary relocation tents or 18 months (unless authorized longer by
mobile homes for displaced persons commission resolution) Within a designated area
Temporary real estate sales office or 24 months All distri cts
model home
Temporary retail sales and displays 7 days (not more than 4 times per year) T, C and D
Residentially zoned property: Four days, not
more than four times a year. Non-residentially
zoned property: 30 days, not more than four
Portable storage units times a year or for the duration of an active All districts
construction permit. Refer to Sections 3-
2103(B)(3) and 2 103 (C)(2) for additional
requirements.
Outdoor automobile. boat. and 7 davs (not more than 4 times oer vear) .G
recreational vehicle shows
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B. The following additional requirements shall apply for specified temporary uses:
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5. Outdoor automobile. boat. and recreational vehicle shows.
a. Outdoor automobile. boat. and recreational vehicle shows shall be permitted only
on properties located in the Commercial zonina district which are at least 75
contiauous acres in size:
b. A maximum of 7 days shall be allowed for each permitted outdoor
automobile. boat. and recreational vehicle show. inclusive of set UP and
take down time for all temporary use related facilities;
c. Sales of products displayed at the show are permitted. without reaard to the
primary use of the property.
Section 3. Amendments to the Community Development Code of the City of Clearwater
(as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby
adopted to read as set forth in this Ordinance.
Section 4. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City's Comprehensive Plan.
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Ordinance No. 8098-09
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Section 5. 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 6. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 7. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
AS AMENDED
October 22. 2009
PASSED ON SECOND AND FINAL
READING AND ADOPTED
November 5, 2009
_ :L-Pj/~d
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
/'~~ (JtU/
f#t Cynthia E. Goudeau
City Clerk
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Ordinance No. 8098-09