8211-10ORDINANCE NO. 8211-10
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE; BY
AMENDING ARTICLE 2, ZONING DISTRICTS, BY DELETING
SIDEWALK VENDORS FROM CHART 2-100 PERMITTED USES; BY
AMENDING SECTIONS 2-703.M, 2-7041, 2-802.K AND 2-803.1, BY
ADDING FLEXIBILITY CRITERIA RELATING TO ACCESSORY USES
FOR OVERNIGHT ACCOMMODATIONS IN THE COMMERCIAL AND
TOURIST DISTRICTS; BY ELIMINATING SIDEWALK VENDORS AS A
FLEXIBLE STANDARD USE IN THE TOURIST AND DOWNTOWN
DISTRICTS BY DELETING IT FROM TABLES 2-802 AND 2-902 AND
DELETING THE ASSOCIATED FLEXIBILITY CRITERIA IN SECTIONS
2-802.R AND 2-902.P; BY AMENDING ARTICLE 3, DEVELOPMENT
STANDARDS, BY AMENDING SECTION 3-601C.3.i.vi TO PROVIDE
FOR A MINIMUM FURTHER DEVIATION FOR COMMERCIAL DOCKS
TO ALLOW EXERCISE OF CERTAIN DEMONSTRATED RIPARIAN OR
LITTORAL RIGHTS; BY DELETING SECTION 3-601.D.1, EXISTING
DOCKS AND LIFTS; BY AMENDING SECTION 3-1407.A TO PROHIBIT
BOAT TRAILERS OF A CERTAIN LENGTH TO BE PARKED IN THE
FRONT SETBACK AND BY CLARIFYING THE TYPES OF VEHICLES
THAT MAY BE PARKED IN SIDE AND REAR SETBACKS AND BY
EXPANDING THE TYPES OF LARGE VEHICLES PROHIBITED TO BE
PARKED IN THE RESIDENTIAL ZONING DISTRICTS; BY AMENDING
SECTION 3-1502.G, TO ESTABLISH GUIDELINES FOR THE USE OF
CAR COVERS IN RESIDENTIAL ZONING DISTRICTS AND TO
CLARIFY THAT CARPORTS ARE NOT EXEMPT FROM OUTDOOR
STORAGE PROVISIONS; BY AMENDING SECTION 3-1503 TO ADD
SUBSECTION C. PROVIDING FOR ALTERNATIVE METHODS OF
ENFORCEMENT FOR NUISANCE VIOLATIONS; BY AMENDING
ARTICLE 7, ENFORCEMENT PROCEEDINGS AND PENALTIES, BY
REVISING SECTIONS 7-102 AND 7-103 TO PROVIDE FOR
ALTERNATIVE METHODS OF ENFORCEMENT FOR NUISANCE
VIOLATIONS; BY AMENDING ARTICLE 8, DEFINITIONS AND RULES
OF CONSTRUCTION, SECTION 8-102, DEFINITIONS, BY REVISING
THE DEFINITION OF COMMUNITY RESIDENTIAL HOME TO PROVIDE
FOR CONSISTENCY WITH STATE REGULATIONS; CERTIFYING
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND
PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater adapted 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, the City of Clearwater desires adequate parking in the Tourist and
Commercial districts, and
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Ordinance No. 8211-10
WHEREAS, the City of Clearwater desires to clarify parking and outdoor storage
standards in residential areas to ensure the stable nature of these neighborhoods, and
WHEREAS, the City of Clearwater desires to institute a flexible tool for addressing
nuisances, 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 2, Zoning Districts, CHART 2-100 Permitted Uses, of the
Community Development Code, be, and the same is hereby amended to read as follows:
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Accessory dwellings x X X X X X
Attached dwellin s X X X X X X X
Community residential homes x X X X X X X X
Detached dwellings x X X X X X X X
Mobile homes X
Mobile home arks x
Residential ll ro'ects X X X O x X X
N 1 1 I ? t' '? V? I a„
Adult uses x X
Airport x
Alcoholic beverage sales X X X
Animal grooming and or boarding X X X
Assisted living facilities x X X X
Automobile service stations x X
Cemeteries X
Comprehensive infill
redevelopment project CIRP
X
X
X
X
X
X
X
Con r ate care X X X X
Convention center x
Educational facilities x X X X
Governmental uses x X X X X X
Halfway houses X
Hospitals x
Indoor recreation/entertainment x X X X
Light assembly x
Manufacturing
Marinas I +- -
X
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Ordinance No. 8211-10
Marinas and marina facilities X X X X
Medical clinic X X X X
Mixed use X X X X
Nightclubs, taverns and bars X X X X
Non-residential off-street parking X X X X
Nursing homes X X X X
Offices X X X X X X
Off-street parking X X
Open space X
Outdoor recreation/entertainment X X X X
Outdoor retail sales, display and/or
storage
X
X
Overnight accommodations X X X X X X X X
Parkin garages and lots X X X X X X
Parks and recreation facilities X X X X X X X X X X X X
Places of worship X X X X
Problematic uses X
Public facility X X
Publishing and printing X
Public transportation facilities X X X X X X X
Research and technology use X
Residential shelters X X X
Resort Attached Dwellin s X
Restaurants X X X X X X
Retail sales and services X X X X X X X X
RV arks X
Salvage yards X
Schools X X X X X X X
Self-storage warehouse X X
X
Social and community centers X X X X
Social/ ublic service agencies X X X X
Telecommunications towers X X X X X
/radio studios X X
Utility/infrastructure facilities X X X X X X X X X X X X X X X
Vehicle sales/dis la s X X
Vehicle salesidis la s, limited X X
Vehicle sales/dis la s, major X
Vehicle service X
Vehicle service limited X
Vehicle service, major X
Veterinary offices X X X X
Wholesale/distribution/warehouse
acili
X
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Ordinance No. 8211-10
Section 2. That Article 2, Zoning Districts, Division 7, Commercial District (C),
subsection 2-703.M, Overnight accommodations, of the Community Development Code, is
hereby amended as follows:
Section 2-703. Flexible standard development.
Flexibility criteria:
M. Overnight accommodations.
7. Accessory uses:
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C. Signage for any accessory use shall be subordinate to and incorporated into the
primary freestanding signage for the overnight accommodation use. In no case
shall more than 25% of the sign area be dedicated to the accessory uses-.1
d. Overnight accommodations with fewer than 50 rooms that have a full service
restaurant shall comply with the parking standards for the restaurant use as
contained in Table 2-703. The number of spaces allowed shall be used to
calculate the additional amount of off-street parking re uired for the restaurant.
Section 3. That Article 2, Zoning Districts, Division 7, Commercial District (C),
subsection 2-7041, Overnight accommodations, of the Community Development Code, is
hereby amended as follows:
Section 2-704. Flexible development.
Flexibility criteria:
L. Overnight accommodations.
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8. Accessory uses:
a. Accessory uses must be incidental, subordinate, and customarily accessory to
overnight accommodations;
b. The following shall apply to required arkin for accesso us s:
i. Accessory uses located within the building interior may occupy between
10% and 15% of the gross floor area of the development, but only when
additional parking is provided for that portion of the accessory uses which
exceeds 10%. The required amount of parking shall be calculated by
using the minimum off-street parking development standard for the most
intensive accessory use(s). Where there is a range of parking standards,
the lowest number of spaces allowed shall be used to calculate the
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Ordinance No. 8211-10
additional amount of off-street parking required for the project. In
projects where the interior accessory uses exceed 15% of the building
gross floor area, all interior accessory uses shall be considered additional
primary uses for purposes of calculating development potential and
parking requirements.
ii._ Regardless of the Gross floor area percentage,,;overnight
accommodations with fewer than 50 rooms that have a full service
restaurant shall comply with the parking standards for the restaurant use
as contained in Table 2-704. The lowest number of spaces allowed shall
be used to calculate the additional amount of off-street parkingreauired
for the restaurant.
Section 4. That Article 2, Zoning Districts, Division 8, Tourist District (T), subsection
2-802.K, Overnight accommodations, of the Community Development Code, is hereby amended
as follows:
Section 2-802. Flexible standard development.
Flexibility criteria:
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K. Overnight accommodations.
10. Accessory uses:
e. Overnight accommodations with fewer than 50 rooms that have a full service
restaurant shall comply with the parking standards for the restaurant use as
contained in Table 2-802. The lowest number of spaces allowed shall be used to
calculate the additional amount of off-street arkin re uired for the roiect.
Section 5. That Article 2, Zoning Districts, Division 8, Tourist District (T), subsection
2-803.1, Overnight accommodations, of the Community Development Code, is hereby amended
as follows:
Section 2-803. Flexible development.
Flexibility criteria:
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Ordinance No. 8211-10
I. Overnight accommodations.
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11. Accessory Uses:
a. Accessory uses must be incidental, subordinate, and customarily accessory to
overnight accommodations;
b. The followina shall apply to reauired parkins for accessory uses:
i. Accessory uses located within the building interior may occupy between
10% and 15% of the gross floor area of the development, but only when
additional parking is provided for that portion of the accessory uses which
exceeds 10%. The required amount of parking shall be calculated by
using the minimum off-street parking development standard for the most
intensive accessory use(s). Where there is a range of parking standards,
the lowest number of spaces allowed shall be used to calculate the
additional amount of off-street parking required for the project. In
projects where the interior accessory uses exceed 15% of the building
gross floor area, all interior accessory uses shall be considered additional
primary uses for purposes of calculating development potential and
parking requirements.
ii. Regardless of the gross floor area percentage, overnight
accommodations with fewer than 50 rooms that have a full service
restaurant shall comply with the parking standards for the restaurant use
as contained in Table 2-803. The lowest number of spaces allowed shall
be used to calculate the additional amount of off-street 12arking required
for the restaurant.
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Section 6. That Article 2, Zoning Districts, Division 8, Tourist District (T), Section 2-
802, Table 2-802 and Section 2-802.R, Sidewalk vendors, of the Community Development
Code, is hereby amended by deleting subsection R and relettering the subsequent subsections
as appropriate:
Section 2-802. Flexible standard development
The following uses are Level One permitted uses in the T District subject to the
standards and criteria set out in this section and other applicable provisions of Article 3.
Table 2-802. "T" District Flexible Standard Development Standards
(t)
Use Min. Lot
Area Min. Lot
Width Max. p
Heights Min. Setbacks
tq
Density Min. Off-Street
(s9• fi)
(/l ) (rt? Parking
Front Side Rear
Accessory Dwellings n/a n/a n/a n/a n/a n/a 30 1/unit
units/acre
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Ordinance No. 8211-10
Alcoholic Beverage Sales 5,000 50 35 15 10 20 n/a 5 per 1,000 GFA
Attached Dwellings 10,000 100 35
-- 10-- 10 10
-- 30 2 Per unit
50 15 20 units/acre
Governmental Uses (1) 10,000 100 35-- 10-- 0-- 10-- n/a 3-4/1
000 GFA
50 15 10 20 ,
Indoor
Recreation/Entertainment
5,000
SO 35--
100
0--15 0--
10
20
n/a
10 per 1,000 GFA
Medical Clinic 10,000 100 50 15 10 20 20 2--3/1,000 GFA
Mixed Use
10,000 50-- 35--
0--15 0-- 10-- 30 Based upon use
100 50 10 20 units/acre requirements
Nightclubs 5,000 50 35 15 10 20 Na 10 per 1,000 GFA
Non-Residential Off-Street
Parking n/a n/a n/a 25 5 10 n/a n/a
Offices 10
000 100 35-- 10-- 0-- 10-- n/a 3-4 spaces per
, 50 15 10 20 1,000 GFA
2.5 spaces per 1,000
sq. ft. of lot area or
as determined by
Outdoor 5
000 50 35 10'- 10 20 n/a the community
Recreation/Entertainment , 15 development
director based on
ITE Manual
standards
Overnight 100-- 35-- 10-- 0-- 10-- 40
Accommodations 20,000
150
50
15
10
20
rooms/acre 1.2 per unit
Parking Garages and Lots 20,000 100 50 25-- 10 20 n/a n/a
1 per 20,000 SF
land area or as
determined by the
Parks and Recreation n/a n/a 50 25 10 20 n/a community
Facilities development
coordinator based
on ITE Manual
standards
Public Transportation
Facilities (3) n/a n/a 10 n/a n/a n/a n/a n/a
Resort Attached Dwellings 10,000 100 35--50 10-45 10 10--20 30 1.5 per unit
units/acre
Restaurants 5,000-- 50-- 25-- 10-- 0-- 10-- n/a 7-15 spaces per
10,000 100 35 15 10 20 1,000 GFA
Retail Sales and Services 5,000-- 50-- 35-- 10-- 0-- 10-- n/a 4--5 spaces per
10,000 100 50 15 10 20 1,000 GFA
Sidewalk VendeFs tea- tom- -- tt1 W& nfa- n/a- Wa-
Social and Community 5,000-- 50-- 35-- 10-- 0-- 10-- 4--5 spaces per
Center 10,000 100 50 15 10 20 ?a 1,000 GFA
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Ordinance No. 8211-10
Utility/Infrastructure n/a n/a n/a 25 10 10 n/a n/a
Facilities
Flexibility criteria:
2. The land eGrupied by a sidewalk vende-;4s, n movement;
n-t designated OF used fGF Fequ#ed
Section 7. That Article 2, Zoning Districts, Division 9, Downtown District (D), Section
2-902, Table 2-902 and Section 2-902.P, Sidewalk vendors, of the Community Development
Code, is hereby amended by deleting subsection P and relettering the subsequent subsections
as appropriate:
Section 2-802. Flexible standard development
The following uses are Level One permitted uses in the Downtown District subject to the
standards and criteria set out in this section and other applicable provisions of Article 3.
Table 2-902. "D" Flexible Standard Development Standards
Use Max. Min. Off-Street
Height Parking
t.
Accessory Dwellings n/a n/a
Alcoholic Beverage Sales 30-50 3-5 per 1,000 GFA
Attached Dwcllin s 30-50 1-1.5 per unit
Convention Center 30-50 5 per 1,000 GFA
Indoor 30-50 3-5 per 1,000 GFA
Recreation/Entertainment
Facility
Mixed Use 30-50 Based upon use
requirements
Ni tclubs 30-50 3-10 per 1,000 GFA
Offices 30-50 1-3 per 1,000 GFA
Overnight 30-50 .75-1 per unit
Accommodations
Parkin Garages and Lots 50 n/a
Parks and Recreation 50 1 per 20,000 SF or as
Facilities determined by the
community
development
coordinator based on
ITE Manual standards
Places of Worship 30-50 .5-1 per 2 seats
Public Transportation 10 n/a
Facilities
Restaurants 30-50 5-15 per 1,000
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Ordinance No. 8211-10
GFA
Retail Sales and Service 30-50 2--4 per 1,000 GFA
? ta/a
Social and Community
Centers 30-50 2-4 per 1,000 GFA
Utility/Infrastructure
Facilities n/a n/a
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Flexibility criteria:
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P. 80e aFa& venders.
;
Of 8#88t paFking;
Section 8. That Article 3, Development Standards, Division 6, Dock/Marina
Standards, Section 3-601.C.3.i.vi, New docks, of the Community Development Code, is hereby
amended as follows:
Section 3-601. Docks.
C. New docks.
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3. Commercial docks.
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L Deviations.
iv) The deviation sought to be granted is the minimum deviation that
will make possible the reasonable use of the applicant's property;
and. However, where. an applicant demonstrates riparian or littoral
ri hts which will affect the location of the dock the minimum
further deviation to provide for exercise of such rights shall be
allowed: and
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Section 9. That Article 3, Development Standards, Division 6, Dock/Marina
Standards, Section 3-601.D.1, Existing docks and lifts, of the Community Development Code, is
hereby amended as follows:
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Ordinance No. 8211-10
Section 3-601. Docks.
D. Existing deGM and Ms and-REpairs_ of existing docks and seawalls
a1. Any repair made to an existing approved dock that does not extend,
enlarge or substantially change the location of any portion of the dock
does not require review and approval by the community development
coordinator however, a permit may be required by the Pinellas County
Water and Navigation Control Authority. If, however, such repair enlarges,
extends, or substantially changes the location of any portion of the dock,
such repair shall require the review and approval by the community
development coordinator prior to the issuance of a permit by the Pinellas
County Water and Navigation Control Authority. The review of a
substantial repair shall be considered a new dock pursuant to the
standards described in this section.
b2. If any dock, seawall, bulkhead, private bridge, or marina falls into a state
of disrepair and becomes a dangerous structure creating an
unreasonable risk of bodily injury to any person who may walk thereon,
such structure shall be either removed or repaired so as to conform to the
requirement of this division.
Section 10. That Article 3, Development Standards, Division 14, Parking and Loading,
Subsection 3-1407.A, Parking restrictions in residential areas, of the Community Development
Code, is hereby amended by adding a new subsection and renumbering the subsequent
subsections as appropriate:
Section 3-1407. Parking restrictions in residential areas.
A_ Restrictions.
2. Between principal structure and right-of-way. The following vehicles shall not be
parked or stored, in whole or in part, in a front setback and/or forward of the
building line of the principal structure and any right-of-way line in a residential
zoning district up to a maximum of two frontages:
a. Boat in excess of 20 feet;
b. Any _boat trailer in excess of 25 feet total length„ or in excess of 5 feet
longer than any boat occupying the trailer:
bc. Hauling trailer;
sd. Recreational vehicles, travel trailers, motor homes and camping trailers.
de. Any commercial vehicle which measures in excess of 20 feet in total
chassis and body length, seven feet in total width or seven feet in total
height, including appurtenances, equipment and cargo.
ef. Any race car, dune buggy, farm equipment, go kart, ATV, or other similar
vehicle not designated for street operation.
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Ordinance No. 8211-10
3. Parkina in the side or rear setback. The followina vehicles may be parked or
stored, in whole or in part-in- a side or rear setback behind the front building line
of the principal structure in a residential zoning district provided such vehicles are
screened with a 6 foot high solid fence wall or hedge:
a. Boat in excess of 20 feet:
b. Boat trailer in excess of 25 feet:
C. Hauling Trailer:
d. Recreation vehicles trailers motor homes and camping trailers; and
e. Any race car, dune buggy, farm equipment, go kart. ATV. or other similar
vehicle not designated for street operation.
34. Large vehicles. , pump
to tmnspeFt wastes OF hazaFdous OF RGMiGUS The following vehicles
shall be not be parked or stored in any residential_zoning districts:
a. Commercial vehicles measuring in_excess _of 20 feet in total chassis and
body length, seven feet in total width or seven feet in total height
including appurtenances, ui ment and cargo are rohibited: and
b. Semi-tractor trailer, semi-tractor cab or any garbage truck, pump-out
truck, chemical truck, gasoline truck, fuel oil truck or similar vehicle
designed to transport wastes or hazardous or noxious materials.
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Section 11. That Article 3, Development Standards, Division 15, Property
maintenance requirements, Subsection 3-1502.G, Exterior storage and display for residential
properties, of the Community Development Code, is hereby amended as follows:
Section 3-1502. Property maintenance requirements.
G. Exterior storage and display for residential properties.
1. As provided in Section 3-9133 of this Development Code, outdoor storage is
prohibited. For the purposes of this section, carports are subject to the outdoor
storage provisions.
2. Equipment, materials or furnishings not designed for use outdoors, such as
automobile parts and tires, building materials, and interior furniture, may not be
stored outdoors.
3. Construction materials, unless such materials are related to an active building
permit related to the property on which the materials are located, shall not be
stored outdoors on a residentially zoned property.
4. Bulk items intended for pick up by the city may not be placed at the curb more
than 24 hours prior to the scheduled pick up.
5. Any motor vehicle that is lawfully parked and is covered in a manner to protect
the motor vehicle shall allow at least the bottom six inches of each tire to be
visible. The reauired license plate shall be clearly visible from the right-of-way or
the license plate number shall be printed legibly on the cover with characters not
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Ordinance No. 8211-10
less than two inches in height so that it is clearly visible from the right-of=way.
Covers shall not be faded and shall be in good condition, without tears, rips or
holes.
Section 12. That Article 3, Development Standards, Division 15, Property
maintenance requirements, Section 3-1503, Nuisances, of the Community Development Code,
is hereby amended as follows:
Section 3-1503. Nuisances.
C. Violations of this Section may be enforced by action before the municipal code
enforcement board as "nuisance cases" or "non-nuisance cases" pursuant to the
corresponding procedures set forth in Section 7-102, or by citation pursuant to Code of
Ordinances Section 1.12.
Section 13. That Article 7, Enforcement Proceedings and Penalties, Division 2, Code
enforcement board/special master hearing procedures and Division 3, Remedies; penalties, of
the Community Development Code, is hereby amended by adding a new Subsection A in
Section 7-103 and relettering the subsequent subsections as appropriate:
Section 7-102. Code enforcement board/special master hearing procedures.
A. Notification of violation. Violations of Section 3-1503. Nuisances, may be noticed as
"nuisance cases" or "non-nuisance cases" under this Subsection.
F. Conduct of hearing.
2. Presentation of case. Violations of Section _3-1503, Nuisances, may be
resented as "nuisance cases" or "non-nuisance cases" under this Subsection.
Section 7-103. Remedies; penalties.
A. U on the issuance of an order of the municipal code enforcement board findin a
violation of Section 3-1503. Nuisances, any and all of the remedies„ and. penalties
provided in Subsections B. through K. of this Section may bposed.
Section 14. That Article 8, Definitions and Rules of Constructions, Division 2,
Definitions, of the Community Development Code, is hereby amended as follows:
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Ordinance No. 8211-10
Section 8-102. Definitions.
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Community residential home means a dwelling unit which provides a living environment for up
to 14 unrelated residents who operate as the functional equivalent of a family, including such
supervision and care by supportive staff as may be necessary to meet the physical, emotional
and social needs of the residents. Community residential homes _shall not be located within
1,000 feet of one another.
Section 15. 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 16. 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.
Section 17. 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 18. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 19. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall- i s
Assistant City Attor y
September 22, 2010
October 5, 2010
Frank V. Hibbard
Mayor
Attest:
ove
Rosemarie Call
City Clerk
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Ordinance No. 8211-10