8132-10
ORDINANCE NO. 8132-10
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT
CODE; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS,
SECTION 3-601. TO AMEND SIDE SETBACK STANDARDS FOR
COMMERCIAL OR MULTI-USE DOCKS ON
NONRESIDENTIALL Y ZONED PROPERTY ADJACENT TO
RESIDENTIALLY ZONED PROPERTY; CERTIFYING
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN
AND PROPER ADVERTISEMENT; PROVIDING FOR
SEVERABILITY; PROVIDING 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 limited and reasonable restrictions on
the dimensional standards for commercial docks are in the public interest, and
WHEREAS, the City of Clearwater has determined where the Community
Development Code needs clarification and revision, and
WHEREAS, the City Council has fully considered the recommendations of the
Community Development Board and testimony submitted at its public hearing; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 3-601., Community Development Code, is amended to read
as follows:
Section 3-601. Docks.
* * * * *
C. New docks.
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Ordinance No. 8132-10
h. Oimensional standards.
* * * * *
i) Setbacks. /\11 commercbl ::md multi use docks chall be located so that
no portion of such dock is closer to any property line as extended into
the water than ten percent of the applicant's property 'Nidth measured
at the waterfront property line. Multi use private and commercial docks
abutting adjacent waterfront single family or two family property must
be setback a minimum of one third of the applicant's waterfront
property \vidth from the adjacent waterfront single family or two family
property.
i) Setbacks for commercial and/or multi-use docks shall be as follows:
a) If the commercial or multi-use dock is located adiacent to a
waterfront property occupied by a detached dwellinq or two-unit
attached dwellinq use and the use of said property conforms to the
zoninq district. the setback adiacent to the residential property line
as extended into the water shall be a minimum of one-third of the
applicant's waterfront property width measured from the side
property lines;
b) If a commercial or multi-use dock located on non-residentially
zoned property is adiacent to any waterfront residentially zoned
property, the setback adiacent to the residentially zoned property
line as extended into the water shall be a minimum of twenty
percent of the applicant's waterfront property width measured from
the side property lines;
c) In all other circumstances, commercial and multi-use docks shall
be located so that the setback from any property line as extended
into the water shall be a minimum of ten percent of the applicant's
waterfront property width measured from the side property lines.
* * * * *
Section 2. 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 3. 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. 8132-10
Section 4. 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 5. Notice of the proposed enactment of this Ordinance has been
properly advertised in a newspaper of general circulation in accordance with applicable
law.
Section 6. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
February 18, 2010
PASSED ON SECOND AND FINAL
READING AND ADOPTED
March 4, 2010
~y~
~k V. Hibbard
Mayor
Approved as to form:
Attest:
thia E. Goudeau
Clerk
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Ordinance No. 8132-10