6348-99
ORDINANCE NO. 6348-99
AN ORDINANCD REPEALING THE 1985 LAND DEVELOPMENT
CODE OF THE CITY OF CLEARWATER, FLORIDA, AS AMENDED.,
AND REPEALING ARTICLE VII OF CHAPTER 2, CODE
ENFORCEMENT, CHAPTER 20 NUISANCES, OF SUBPART OF
PART II OF THE CODE OF ORDINANCES; CHAPTER 35
GENERAL PROVISIONS, CHAPTER 36 ADMINISTRATION AND
ENFORCEMENT, CHAPTER 37 ANNEXATIONS, CHAPTER 38
RESERVED, CHAPTER 39 CODE TEXT AMENDMENTS,
CHAPTER 40 ZONING, CHAPTER 41 SPECIAL LAND USES,
CHAPTER 42 UNIFORM DEVELOPMENT REGULATIONS,
CHAPTER 43 SITE PLANS, CHAPTER 44 SIGNS, CHAPTER 45
VARIANCES, CHAPTER 46 SUBDIVISION AND CONDOMINIUM
PLATTING, OF SUBPART B OF PART II OF THE CODE OF
ORDINANCES, AND REPEALING CHAPTER 50 LAND
DISTURBING ACTIVITIES, SECTIONS 52.01, 52.02, 52.03, 52.04,
52.05, 52.06, 52.07, 52.31, 52.32, 52.33, 52.34, 52.35, 52.36, 52.37,
52.38 OF CHAPTER 52 TREE PROTECTION; CHAPTER 53
MARINE IMPROVEMENTS; CHAPTER 55 DOWNTOWN
PROPERTY STANDARDS; AND ADOPTING A NEW LAND
DEVELOPMENT CODE TO BE KNOWN AS THE DEVELOPMENT
CODE OF THE CITY OF CLEARWATER WHICH PERTAINS TO
THE ESTABLISHMENT OF ZONING DISTRICTS APPLICABLE TO
ALL LAND WITHIN THE CORPORATE LIMITS OF THE CITY,
AUTHORIZED USES WITHIN EACH ZONING DISTRICT,
DEVELOPMENT STANDARDS FOR ALL USES, DEVELOPMENT
REVIEW PROCEDURES, REGULATIONS CONCERNING
NONCONFORMITIES, TRANSFER OF DEVELOPMENT RIGHTS,
CODE AMENDMENTS, ZONING ATLAS AND LAND USE PLAN
AMENDMENTS; ESTABLISHMENT OF A COMMUNITIY
DEVELOPMENT BOARD; RESPONSIBILITIES OF CODE
ENFORCEMENT BOARD AND COMMUNITY DEVELOPMENT
BOARD; NOTICE AND HEARING REQUIREMENTS; THE
PROVISION FOR THE ADMINISTRATION, INTERPERTATION
AND ENFORCEMENT OF THE DEVELOPMENT CODE;
PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS
HEREOF; PROVIDING FOR THE PROPER NOTICE OF
PROPOSED ENACTMENT AND TO PROVIDE PENALTIES FOR
THE VIOLATION OF THE DEVELOPMENT CODE; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, on November 3, 1998, the Planning and Zoning Board, as the
designated local planning agency of the City for the purposes of and as required by the
Local Government Comprehensive Planning and Land Development Code for
the City of Clearwater ("Development Code") and submitted its recommendation
thereon to the City Commission;
WHEREAS, on November 19, 1998, the City Commission of the City of
Clearwater, after proper public notice, held a public hearing on the Development Code
in accordance with established procedures;
WHEREAS, the City Commission has fully considered the recommendations and
report of the Planning and Zoning Board and Citiy staff and testimony submitted at its
public hearing relative to the proposed Development Code; and
WHEREAS, the City Commission has determined that this Development Code is
consistent with the City's Comprehensive Plan and that it is in the best interests of the
citizens of the City of Clearwater to adopt said Development Code, now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA.
Section 1. The following provisions of the City Code of Ordinances are hereby
repealed in their entirely; Article VII of Chapter 2, Code Enforcement, Chapter 20
Nuisances, of Subpart A of Part II of the Code of Ordinances; Chapter 35 General
Provisions, Chapter 36 Administration and Enforcement, Chapter 37 Annexation,
Chapter 38, Reserved, Chapter 39 Code Text Amendments, Chapter 40 Zoning,
Chapter 41 Special Land Uses, Chapter 42 Uniform Development Regulations, Chapter
43 Site Plans, Chapter 44 Signs, Chapter 45 Variances, Chapter 46 Subdivision and
Condominium Platting, of Subpart B of Part II of the Code of Ordinances; Chapter 50
Land Disturbing Activities, Section 52.01, 52.02, 52.03, 52.04, 52.05, 52.06, 52.07,
52.31, 52.32, 52.33, 52.34, 52.34, 52.36, 52.38 of Chapter 52 Tree Protection;
Chapter 53 Marine Improvements; and Chapter 55 Downtown Property Standards.
Section 2. A new Land Development Code of the City of Clearwater, 1998, to
be known as the Development Code, to be codified as Subpart B of Part II of the City's
Code of Ordinances, is hereby adopted to read as set forth in Exhibit A to this
ordinance, which exhibit is incorporated in this ordinance as if fully set out herein.
Section 3. The City of Clearwater does hereby certify that the Development
code is consistent and in conformance with the City's Comprehensive Plan.
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. For 45 days follwoing adoption of this ordinance no application for
rezoning, conditional use or variance shall be accepted. Development approval may be
processed under the existing regulations if no variance, conditional use or rezoning is
required.
Where a complete application for development approval is pending on the
adoption of this Development Code, the provisions of the regulations in effect when the
application was filed shall govern the review and approval of the application for
development approval, provided that:
1. The application is approved within six (6) months of the date of adoption
of the Development Code: and
2. Construction begins within six (6) months of the issuance of such approval
and is diligently pursued to completion.
In the event within 6 months after the adoption of this Development Code, an
approved use of 750,000 sq. ft. or more, existing on the date o' the adoption of this
Development Code, submits an application for development approvals for a substantial
redevelopment of the existing use, and application of this Development Code to the
proposed redevelopment would be more restrictive that the Land Development Code
in existence immediately prior to adoption of this Development Code (the "Old Code"),
then the applicant shall comply with the Development Code to the extent compliance
does not render the proposed redevelopment commercially or economically unfeasible,
in which event, and to such extent, the proposed redevelopment shall comply with the
Old Code.
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. The provisions of this ordinance shall take effect forty-five days after
passage except Section 5 which shall take effect upon adoption.
PASSED ON FIRS READING December 10, 1998
PASSED ON SECTION AND FINAL
READING AND ADOPTED AS AMENDED January 21, 1999
Rita Garvey, Mayor-Commissioner
Approved as to form: Pamela K. Akin, City Attorney
Attest: Cynthia E. Goudeau, City Clerk