8310-12ORDINANCE NO. 8310-12
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING
ARTICLE 1, GENERAL PROVISIONS, SECTION 1-103, GENERAL
PURPOSES, TO DELETE UNNECESSARY TEXT AND MAKE A MINOR
CORRECTION; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS,
SECTION 3-903, REQUIRED SETBACKS, TO ADD LANGUAGE PERTAINING
TO SETBACKS FOR PARKING LOTS; AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, DIVISION 14, PARKING AND LOADING, TO
CHANGE THE THRESHOLD PERTAINING TO THE REQUIREMENT OF A
PARKING DEMAND STUDY; AMENDING ARTICLE 3, DEVELOPMENT
STANDARDS, DIVISION 21, TEMPORARY USES, TO STRIKE THE DIVISION
IN ITS ENTIRETY AND TO ADOPT A NEW DIVISION 21 THAT PROVIDES
FOR A REVISED LIST OF PERMITTED TEMPORARY USES, ASSOCIATED
APPROVAL CRITERIA AND TIMEFRAMES FOR WHICH THE TEMPORARY
USES ARE ALLOWED; AMENDING ARTICLE 4, DEVELOPMENT REVIEW
AND OTHER PROCEDURES, SECTION 4-202, APPLICATIONS FOR
DEVELOPMENT APPROVAL, TO STRIKE SUBSECTION A AND REPLACE IT
WITH MORE SIMPLIFIED AND SUCCINCT LANGUAGE; AMENDING ARTICLE
4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-205,
BUSINESS TAX RECEIPT, TO ADD SUBSECTION C; AMENDING ARTICLE 4,
DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-602,
ZONING ATLAS AMENDMENTS, TO ALLOW FOR THE SUBMITTAL OF
ZONING ATLAS AMENDMENT WITHOUT THE SUBMITTAL OF AN
APPLICATION FOR DEVELOPMENT APPROVAL; AMENDING ARTICLE 4,
DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-606,
DEVELOPMENT AGREEMENTS, TO MAKE MINOR CORRECTIONS;
AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER
PROCEDURES, SECTION 4-1102, PLAN REQUIREMENTS, TO PROVIDE
MORE SIMPLIFIED AND SUCCINCT LANGUAGE; AMENDING ARTICLE 6,
NONCONFORMING PROVISIONS, SECTIONS 6-101, 6-102, 6-103, 6-106,
AND 6-107, TO PROVIDE LANGUAGE THAT IS MORE CONSISTENT WITH
THE PURPOSE OF THE NONCONFORMING PROVISIONS AND MAKE
MINOR CORRECTIONS; AMENDING ARTICLE 8, DEFINITIONS AND RULES
OF CONSTRUCTION, SECTION 8-102, DEFINITIONS, PROVIDING A
REVISED DEFINITION FOR TEMPORARY RETAIL SALES AND DISPLAYS;
CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN
AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND
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, since the effective date of the new Community Development Code, the City
of Clearwater has reviewed numerous development proposals in all of the new zoning districts
in all parts of the City that utilize the Minimum Standard, Flexible Standard and Flexible levels of
review, 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 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 1, General Provisions, Sections 1-103, Community
Development Code, be, and the same is hereby amended to read as follows:
**********
E. It is the further purpose of this Development Code to:
**********
11. Enumerate density, area, width, � height, setback, coverage and like
requirements for each district, and make appropriate distinctions between
categories of use within districts, based on the general purposes of this article,
the Comprehensive Plan, and existing and desired community characteristics;
and
12. Coordinate the provisions of this Development Code with corollary provisions
relating to parking, fences and walls, signs, and like
supplementary requirements designed to establish an integrated and complete
regulatory framework for the use of land and water within the city.
Section 2. That Article 3, Development Standards, Division 9, General Applicability
Standards, Section 3-903, Required setbacks, Community Development Code, be, and the
same is hereby amended to add a new subsection F, and re-lettering the subsequent
subsections as appropriate:
F. Except for drivewav access to qaraqes, vehicular cross-access and shared parkinq, all
of which are requlated by subsection A, above; parkinq lots shall be set back from front
propertv lines a distance of 15 feet, and shall be set back from all other propertv lines a
distance that is consistent with the reauired perimeter landscape buffer width.
1. While perimeter landscape buffers are not reauired in the Tourist (T) District, the
above referenced setback shall be based upon Section 3-1202.D.1., or at a
dimension consistent with the existinq/proqosed building setback, or at a
dimension consistent with setbacks required or otherwise established by Beach
bv Desiqn, whichever is less.
2. As perimeter landscape buffers are not required in the Downtown (D) District.
compliance with the above provision is not reauired. However, compliance with
the applicable Desian Guidelines as set forth in the Clearwater powntown
Redevelopment Plan must still be achieved.
3. This subsection is not applicable to detached dwellinq uses where parkinct lots
are not permissible. The applicable provisions of Article 3. Division 14 would
apply•
Section 3. That Article 3, Development Standards, Division 14, Parking and Loading,
Community Development Code, be, and the same is hereby amended to read as follows:
**********
2
C. Parking demand study.
1.
�ar�ir�g-�ar��� If flexibilitv of the parkinq standards is requested that is
greater than 50% of the top end of the rancte (excludinq those standards where
the difference befinreen the top and bottom of the range is one parkinQ space).
then a parkinq demand studv will need to be provided. Prior to the preparation of
such study, the methodology shall be approved by the community development
coordinator and in accordance with accepted traffic engineering principals. The
findings of the study will be used in determining whether or not deviations to the
parking standards are approved.
**********
Section 4. That Article 3, Development Standards, Division 21, Temporary Uses,
Community Development Code, be, and the same is hereby amended to read as follows:
. ., ,-.-.
�
�
. .-
- - • - • -
� - - - - - - - - - - - -
.
.
e- - - - - - - -
..
. .
. .
i.:._,.0
.
�
•
._
�
��•�:�r_�esr_r:Er_i�. _ :sn
.
.. .. . .- ••-
�e�n�e�ag�se
�� A�I-Fesideaiial
�a+ties dis�is�s
a 4-days S �-�a�-�
All�is�is�s
...In i. mhliec. ' '"'"�" ' ' '
� � �i-cri--'c°o'rv°cniltii
$�$ � �FS�fl6�&
• eu ., ��ae..+•.,i
.,+tie. �e..�„ .,i �„ie� �$ �AF�1+3�b •
A�F-�EFF1�9F2F)F
f86F@E]�16R2�6F �$
e..Fe.�.,:.,.,,e.,+ e.,e.,��
�6 �B
2G�11FF�1('.S
�1�2W��E-S3ieS �-�-�
The n ...! ..i �:....�, rl�..:.�.. ...L.:..M iL.e iemr.....�.�.. . e iL.e
�� .�,�L�n.�.'c ����F.r.r'�o!! ��
�lase�-�er�eF1S �) �ea
Temn..r.�r.. re.�l ec�.e�e
�4-�i$ A�is#�is�
Tem...�rnn. .eM:l e.nlee. .�n.�
�I$�S �
. �i$�i�$
6
�ews:
��� _
• - - - - - - - - -
� - - - - - -
-- - -- - -- - - --
..- - - - - -
- - - - - e- - -
-- - - -
-- - -
-- - - -
._
� - - - - -
� - - - - -
� �- - - - - - -
.
.,
.
.
. ... - - - - - -- -
...
.
.
.
._
.
DIVISION 21. TEMPORARY USES
Section 3-2101. Purpose.
It is the purpose of this division to provide for certain temporary uses and to ensure that such
uses are compatible with adjacent land uses and consistent with the citv's qoals and objectives.
Section 3-2102. General Standards.
All proposed temporary uses shall submit a conceqtual plan depicting compliance with the
followina caeneral standards:
A._ __The temporarv use will not create hazardous vehicular or pedestrian traffic conditions or
encroach upon anv existinq landscape areas.
B. The desictn and installation of all practicable temporary traffic control devices includinq
signaqe to minimize traffic conqestion.
C. Adeauate sanitarv facilities, utilitv. drainage, refuse manaqement, emerctencv services
and access, and similar necessarv facilities and services will be available to serve
employees, patrons or participants.
D. Siqnaqe related to the temporary use shall not exceed 12 square feet of siqn face area
and no more than one sign face per street frontage shall be permitted. Siqns shall be
made of treated wood or other durable material. Sign copv shall not be spray-painted.
Details of any proposed siqnaqe must be submitted with an application for a temporarv
use permit.
E. Where a tent or similar structure is to be used in coniunction with a temporary use, the
followina shall be met:
1. Complv with all reauirements of the Fire Marshal;
2. Provide the Citv with a certificate of insurance to cover the liabilitv of the
applicant or sponsor; and
3. Demonstrate that the tent is flame resistant by providinct a certificate of flame
resistance or other assurance that the structure has been properly treated with
flame retarder and has been maintained as such.
F. Where a tent or similar structure is to be used in conjunction with a temporarv use, the
tent shall be allowed to be set-up on the dav before the temporary use is scheduled to
beqin, and shall be allowed to be taken down on the dav after the temporarv use is
scheduled to end. However, additional time mav be allowed for circuses or carnivals as
determined bv the Communitv Development Coordinator.
Section 3-2103. Allowable Temporarv Uses.
Unless otherwise noted, the followinq temporary uses are permitted subiect to obtaining a Level
One approval in accordance with the provisions of Article 4, Division 3 as well as the specific
criteria pertaininq to each temporary use:
A. Block and neiqhborhood parties.
1. Allowable within all residential zoninq districts; and
2. Maximum of two davs, per calendar year.
3. Mav be subject to review bv the Special Events Committee.
B. Circuses or carnivals.
1. Allowable within the C, IRT and I Districts; and
2. Maximum of 14 davs per propertv, per calendar year.
C. Contractors office and/or construction sheds.
1. Allowable within all zoninq districts; and
2. Allowable onlv in conjunction with a valid buildinq permit and only for the time
that the building permit is active.
D. Evanqelical and reliqious revivals or assemblies.
1. Allowable within the C. D. T. I and IRT Districts: and
2. Maximum of seven davs per propertv, per calendar vear.
E. Garaqe, yard or estate sales.
1. Allowable within all residential zoninq districts;
2. Allowable twice per propertv, per calendar vear, but for no longer than three da�rs
per occurrence;
3. Individual occurrences may not be consecutive: and
4. Provided all of the applicable standards of this division are met, a permit is not
reauired for this temporarv use.
F. Outdoor automobile, boat and recreational vehicle shows.
1. Allowable only on properties located in the C District that is at least 75
contiguous acres in size;
2. Allowable four times per propertv, per calendar vear, but for no lonqer than seven
davs per occurrence, inclusive of set-up and take down time for all related
facilities. Individual occurrences may not be consecutive: and
3. The sale of products displaved at the show is permitted, without reaard to the
primarv use of the propert�
G. Outdoor bazaars, cookouts, special fund raisina events and/or similar activities.
1. Allowable within the C, D and I Districts; and
2. Maximum of finro davs perpropertv, per calendar vear.
H. Portable storaqe units.
1. Allowable within all residential zoninq districts four times per propertv, per
calendar year, but for no longer than four days per occurrence;
2. Allowable within all nonresidential zoning districts for the duration of an active
building construction permit, or four times per property, per calendar vear, but for
no longer than 30 days per occurrence;
3. Individual occurrences mav not be consecutive;
4. Provided all of the applicable standards of this division are met, a permit is not
required for this temporarv use within a residential zoning district;
5. Portable storaqe units not exceeding eiqht feet in heiqht, eiqht feet in width, and
16 feet in lenath may be permitted provided such units complv with the followina
provisions:
a. One portable storage unit mav be located on anv lot occupied bv a
detached dwellinq. The number of permitted portable storaqe units for all
other uses shall be decided bv the Community Development Coordinator
based upon the amount of construction, size of propertv and the abilitv to
locate the portable storape unit in accordance with the requirements
below;
b. Portab�e storacte units may be located in a reauired setback;
c. Portable storage units shall not be located in such a manner to impair a
motor vehicle operator's view of motor vehicles, bicvcles or pedestrians
u�on enterinq or exitinq a riqht-of-wav;
d. Portable storacte units shall not be located in such a manner to obstruct
the flow of pedestrian or vehicular traffic;
e. A maximum of finro signs no more than 12 sauare feet in area each may
be located on parallel sides on a portable storage unit:
f. A sticker shall be affixed to all portable storaqe units indicatinca the most
recent deliverv date, on which the portable storaqe unit was delivered to a
property;
q. If the National Weather Advisory Service or other qualified weather
advisorv service identifies weather conditions which are predicted to
include winds of 75 mph or greater, all portable storaae units shall be
removed from all properties and placed in approved storage locations at
least 24 hours prior to the predicted onset of such winds or as soon as
reasonablv practical if less notice is provided. This reauirement mav be
modified by the building official upon receipt of adeauate documentation
from a registered architect or engineer or other professional qualified to
qive such opinion that a qreater wind loadinca pertain to a particular
portable storacte unit model or manufacturer so that the portable storaqe
unit is unlikely to be moved bv winds greater than the predicted winds. As
an alternative to removal, the portable storaqe vendor mav submit a tie
down proposal for approval by the Building Official and each portable
storaqe unit not removed shall be tied down in the approved manner:
h. Anv portable storage unit which is not removed at the end of the time for
which it mav lawfully remain in place, or immediatelv upon the direction of
a code enforcement officer for removal of such temporary structure for
safetv reasons, mav be removed by the Citv immediatelv, without notice,
and the cost of such removal, toqether with the cost of administration of
its removal, mav be assessed aaainst the propertv on which the
temporary structure was located and may be filed as a lien aqainst such
propertv bv the Citv Clerk; and
i. The Communitv Development Coordinator mav allow portable storaqe
units to be located on a propertv within a residential zoninq district for a
lonqer period of time than otherwise specified, but onlv in emerqencv
situations. The Communitv Development Coordinator mav allow a period
of 15 davs for a portable storage unit to be located on such a propertv
and may allow an additional 15 davs if an extension is necessary to
complete emerqency repairs.
I. Seasonal sales (sale of Christmas trees, pumqkins, or other seasonal holidav items).
1. Allowable within all nonresidential zoninq districts:
2. Maximum of 45 davs per property, per calendar �
3. A 1,000-foot separation shall be required between a seasonal business and anv
permanent business whose primarv business is selling the same product as the
seasonal business. The 1,000 feet shall be measured from propertY line to
propertv line; and
4. Only items traditionally considered as associated with the particular season,
including plant materials and fireworks, are allowed to be sold and qeneral
merchandise not associated with the seasonal sale such as tovs, tools, clothinq,
etc. are prohibited from being sold as a seasonal sale item.
J. Sidewalk sales in coniunction with a special event.
1. Allowable within the T and D Districts; and
2. Maximum of seven days per proqerty, per calendar vear.
K. Temporary commercial qarkinq lots.
1. Allowable within all zoninq districts;
2. Allowable onlv in coniunction with another approved temporary use or an
approved special event; and
3. Allowable onlv for that time the temporarv use or special event the parking will
serve is authorized.
L. Temporarv recreational or entertainment events.
1. Allowable within all nonresidential zoning districts; and
2. Maximum of seven davs per propertv, per calendar vear.
M. Temporarv relocation tents or mobile homes for displaced persons.
1. Allowable within all zoninQ districts;
2. Maximum of 18 months unless a qreater time is authorized bv Resolution of the
Citv Council; and
3. Upon determination bv the Citv Council that a particular neiqhborhood or area
constitutes a disaster area, nonpermanent facilities for displaces shall be allowed
provided thev meet the followinq reauirements:
a. All residential tents or mobile homes shall have facilities connected to citv
utilities for water and sanitary sewer, unless such services are not
reasonably available: and
b. Adeauate provisions shall be made for solid waste manactement in
compliance with city ordinances and qolicies, unless such services are
not reasonably available.
N. Temporary real estate sales office or model home.
1. Allowable within all zonin4 districts;
2. Maximum of 24 months per development; and
3. The office or required accessorv uses shall not be eauipped or used as a
dwellinq.
O. Temporarv retail sales and displays.
1. Allowable within the C, T and D Districts;
2. Allowable four times per propertv, per calendar vear, but for no lonaer than seven
davs per occurrence; and
3. Individual occurrences mav not be consecutive, and must be separated bv at
least one dav.
Section 5. That Article 4, Development Review and Other Procedures, Division 2,
General Procedures, Section 4-202, Applications for development approval, Community
Development Code, be, and the same is hereby amended to read as follows:
. . .
. .
.
� - - - - - - - - - -
- :.a:r:��:�: - _ _ - - - - _
n� �rren4 c��n �nfi �ro�+/irv+nrn�icmen4e�
8. Tho evic��in� �nninn Mn�l INnri ��cc r�lnn �I^��ifin^4inr� f�r }�a nr�r�orF�i �n�J fnr �hc
..,,....... .y �.,... .� ..�. . ..�. _�.. �.�.. _ ..._ .._.. ... r• -r- v -
1�
.
. .
.
.
.
- - - -- - --- -- - -- -- - • -- --- -- - -
- - --- - - -- - - - --- - - - - -- - - -
.
.
� - - - - - - - - -
. . .
� - - - - - -
� -- - - - - - - - - -
- � -- - - -- - - -- - - -
� - - - -- - - -- - -
11
r��r_♦ss�E
■_
.
■
_ ���:��:r. 1n:
� - - - - - - - - - - -
- - - - � - - -
- - � - - -
.
- - - - - �
. .
■-- - - - - - --
- � - - -- -
12
.
.
.
.
�n:r_ . . .
�
.
.
.
..,:s.:.s - -
.
...
A. All aqplications for development approval shall include the following information in
addition to the information that the Communitv Development Coordinator may generallv
reauire unless waived or modified by the Communitv Development Coordinator:
1. An application with plans and relevant support materials (the number to be
established bv the Community Development Coordinator).
2. Data Sheet.
3. Written responses (or narrative) explaininq how compliance with the Genera�
A�plicability Criteria and applicable Flexibilitv Criteria is being achieved bv the
development proposal.
4. Affidavit to Authorize Aqent/Representative.
14
5. If the apqlication would result in the removal or relocation of mobile home owners
residinq in a mobile home park as provided in F.S. § 723.083, the application
must provide information sufficient to show that adeauate mobile home parks or
other suitable facilities exist for the relocation of the mobile home owners. Mobile
home owners shall be defined as those persons who own their coach but rent a
lot _�ace within the subject propertv and are subject to the provisions and
protections provided for in F.S. Ch. 723. The aqplication shall include the
following information:
a. The total number of mobile homes in the park that are owned by mobile
home owners; and
b. Monthlv rent charqed for each space occupied by a mobile home owner;
and
c. A list of the names and mailing addresses of the present mobile home
owners within the subiect propertv. This list should identifv those units
that are suitable for movina and for which onlv vacant replacement lots
will be identified; and
d. Household profile for each owner-occupied mobile home within the park,
including number of adults, number of children, and whether pets have
been allowed in the park. Replacement units identified should be suitable
for similar household profiles; and
e. A list of other mobile home parks or other suitable facilities with vacant
units available at the time of application that are of a similar cost profile to
which owners residinq in the subject propertv could reasonablv expect to
relocate. This list will include, at a minimum, name and address of the
park, park contact name and phone number, the number of vacant
spaces available and the cost of those spaces, park quidelines on aqe
and condition of acceptable units, number of rental units available and the
cost of those rentals. All parks or other suitable facilities must be located
within a ten-mile radius of the subject property and serve the same age,
household, and occupancy profiles as the subject propertv.
f. Anv other information that the applicant deems necessarv to demonstrate
that adeauate mobile home parks or other suitable facilities exist for the
relocation of the mobile home owners.
Section 6. That Article 4, Development Review and Other Procedures, Division 2,
General Procedures, Section 4-205, Business tax receipt, Community Development Code, be,
and the same is hereby amended to read as follows:
**********
C. If the Business Tax Receipt is for a home occupation, then an executed affidavit must be
submitted in which the business owner(s):
1. Agree to comply with all standards contained in Article 3, Division 2 and anv
other conditions of the home occupation that mav be established in authorizinq
same;
2. Recoqnize the need to renew the requisite business tax receipt annuallv or as
mav otherwise be required;
3. Acknowledqe that anv departure from the conditions authorizinq the use shall be
qrounds for the revocation of the applicable business tax receipt; and
4. Aqree to permit reasonable inspection of the premises of the home occupation to
ensure compliance with the conditions thereof.
�
Section 7. That Article 4, Development Review and Other Procedures, Division 6,
Level Three Approvals, Section 4-602, Zoning Atlas Amendments, Community Development
Code, be, and the same is hereby amended to read as follows:
**********
B. Application�nitiation requirements. An application for an amendment of the Zoning Atlas
of the city may be initiated by the city s�a�+ssier� council, the community development
coordinator, the community development board
or bv the owner of the propertv or his
representative which is the subject of the amendment. Proposed Zoning Atlas
amendment applications shall include such information as is applicable in Section 4-
202.A and the fee required by Section 4-202.€F.
**********
Section 8. That Article 4, Development Review and Other Procedures, Division 6,
Level Three Approvals, Section 4-606, Development Agreements, Community Development
Code, be, and the same is hereby amended to read as follows:
Section 4-606. Development agreements.
**********
B. Application requirements. In addition to the basic information required by Section 4-
202{/�-}.A and the fee required by Section 4-202(€).F an application for approval of a
development agreement shall be accompanied by:
**********
Section 9. That Article 4, Development Review and Other Procedures, Division 11,
Landscaping Plan, Section 4-1102, Plan Requirements, Community Development Code, be,
and the same is hereby amended to read as follows:
�—An application for development approval for which landscaping is required by Article 3,
Division 12 or by any other provision of this Development Code shall be accompanied by
a landscape plan which includes whatever information the Communitv Development
Coordinator may aenerallv require unless waived or modified by the Communitv
Development Coordinator ' , '
. , ,
, , , , � �
, , , >
rn� �r+rl e�� �rF�+nee� nrl n�i n4her fo�-e�+ ♦h�i mn�i infl� � ,., ♦�.,
�rvurrv-�anuv�v � -"a»a--urr�—c�mcr-rc �.�r-irraa���aTrrnTC+�iFsrttl
�Y�
7 Al�+me �+f �+1�� �44ir�1+ c�lroa4 rinhlc_ni_�unv
�. Br ��—a�a--re�c��;�„--�eas, i+�slading swales, side �'^^°
, �
�-c cr�� �°cerir9�} " I�� d+�e�s+en� A� a�l �-e�a�rea—per��e�°c.�'--�ru^nv°�••'N°''! h�ifferc�
,
16
■_
-
.
.
.
. .
.
�- - - -- - - -
. .
.
Section 10. That Article 6, Nonconforming provisions, Section 6-101,
Purpose/applicability, Community Development Code, be, and the same is hereby amended to
read as follows:
Section 6-101. Purpose
, �
��in� �Ir) he r�rnhihiF�Fpp��� �,F��^,�.�����TO +ormc c�+�nhli�+L�crJ horo;.,. �/ithin the
.,y
zoninq districts established in Article 2, there exist lots, structures, uses of land and structures,
and characteristics of use, which were lawful before the passaqe of said Article 2, but are now
prohibited, requlated or restricted. While nonconformities may continue, it is not the intent of
this development code to encouraqe their continuation, but instead to bring nonconforming
properties into compliance with the provisions of this code in conjunction with a change of use,
redevelopment, or any other change of condition of the property in order to eliminate the
nonconformity or to bring the nonconformity as practical as possible to a conforming status.
17
Section 11. That Article 6, Nonconforming provisions, Section 6-102, Nonconforming
structures, Community Development Code, be, and the same is hereby amended to read as
follows:
Section 6-102. Nonconforming structures.
A. Except as otherwise provided in this development code, a nonconforming structure may
be used for any purpose permitted in the zoning district in which it is located.
B. Normal repair and maintenance, such as painting, cleaning, feplase�e��; and repairing
of same nonconformity may be performed on nonconforming structures. However,
nonconforming structures shall be made to fully complv with the provisions of this Code.
provided the cost of repair of anv structure or improvement at anv time exceeds 50
percent of the assessed value of the entire structure. Assessed value shall be
determined by reference to the official propertv tax assessment rolls for the vear the
structure or site imqrovement is destroyed or damaqed.
�C. A nonconforming structure r�ay-be-e*��e� shall not be altered. enlarged or changed
in anv wav that increases its nonconformitv. Any structure or site improvement mav,
however, be altered to decrease its nonconformitv.
r�nrLP�pa� ��T�rr°c��[-j�ro-aCYCte�,��_�r%�rl 4he enlnrnemen4 i�iill n�4
"`7
�
• > >
r
�D. Any part of a nonconforming structure which is destroyed or damaged to the extent of
less than 50 percent of the assessed value of the entire structure may be repaired or
restored if a complete and legally sufficient application for all required permits to repair
or restore the damage is submitted within six months of the date of the damage. Any
nonconforming structure which is destroyed or damaged to 50 percent or more of the
assessed value may be repaired or restored only if the structure conforms to the
standards of this development code for the zoning district in which it is located.
Assessed value shall be determined by reference to the official property tax assessment
rolls for the year the structure is destroyed or damaged. The extent of damage or
destruction shall be determined by the building official by comparing the estimated cost
of repairs or restoration with the assessed value.
E. Should a nonconforminq structure be moved for any reason, for any distance
whatsoever, it shall thereafter conform to the applicable requirements of this Code.
Should anv portion of anv structure be removed for any reason, it shall not be replaced,
except in conformity to the applicable requirements of this Code.
Section 12. That Article 6, Nonconforming provisions, Section 6-103, Nonconforming
uses, Community Development Code, be, and the same is hereby amended to read as follows:
Section 6-103. Nonconforming uses.
18
A. Nonconforming uses of land or structures,
, may be maintained only in accordance with the provisions of this
section.
B. Nonconforming uses of land or structures shall not be expanded or extended to occupv
a qreater area of land or structure than was occuqied at the time it became
nonconforminq, but normal repair and maintenance may be performed to allow the
continuation of the nonconforming use. In addition, no nonconforming use shall be
moved, in whole or in part, to any other portion of the lot, parcel or structure occupied bv
such use at the time it became nonconforminq.
C. Except as provided in Section 6-109, a nonconforming use shall not be changed to any
other use unless the new use conforms to the standards of the zoning district in which it
is located. Once a nonconforming use is changed to a conforming use, the
nonconforming use shall not be re-established.
D. In the event a nonconforming use of land or structures is discontinued or abandoned for
a consecutive period of 180 days, then the use shall not
thereafter be re-established or resumed and any subsequent use of the land or structure
shall conform to all of the requirements of this Development Code.
E. In the event a structure in which a nonconforming use is located is destroyed or
damaged to the extent of less than 50 percent of the assessed value of such structure,
the nonconforming use may be re-established if a complete and legally sufficient
application for all required permits to repair or restore is submitted within six months of
the date of the damage. In the event a structure in which a nonconforming use is located
is destroyed or damaged to 50 percent or more of the assessed value, these structures
may be repaired or restored only if the structure and the use conforms to the standards
of this development code for the zoning district in which it is located, except that a
nonconforming owner-occupied single-family detached dwelling unit may be
reconstructed within the associated structure's original setbacks through a Level 1
(minimum standard) approval process. Assessed value shall be determined by reference
to the official property tax assessment rolls for the year the structure is destroyed or
damaged. The extent of damage or destruction shall be determined by the building
official by comparing the estimated cost of repairs or restoration with the assessed
value.
F. In the event a nonconforming use is damaged or destroyed to the extent that the cost of
repair or replacement of the fixtures and/or inventory used in the business equals 50
percent of the value of the fixtures and inventory at the time of such damage or
destruction, the use may not be re-established except in compliance with all
requirements of this Development Code.
Section 13. That Article 6, Nonconforming provisions, Section 6-106, Nonconforming
lots, Community Development Code, be, and the same is hereby amended to read as follows:
Section 6-106. Nonconforming lots.
A. No principal use or structure shall be established on a fesi�er�ial lot of record unless the
lot conforms w+�# to the lot area and lot width requirements in this Development Code for
the zoning district in which it is located, except in accordance with the provisions of this
section.
B. A principal use or structure may be established on a residential lot of record that was
leqallv in existence prior to March 8, 1999 even though the lot is nonconforming with the
19
lot area and lot width requirements in this development code for the zoning district in
which it is located, provided that a Level One minimum standard) approval is obtained.
A level one (flexible standard) approval shall be required only if required setbacks
cannot be met. The applicant for a level one (flexible standard) approval shall
demonstrates the following:
1. The lot was a lawfully created lot. If the lot was created before 1982, then it is
automatically considered to be lawful. If the lot was created after 1982, to be a
lawfully created lot, it must have been created by an approved plat in accordance
with the City Code; and
2. Upon adoption of this development code, the lot is not held in common
ownership with any abutting land which, in combination with the lot in question,
would create a building site meeting the lot area and lot width requirements of the
zoning district; or
3. The lot has not been previously developed in combination with an adjacent lot;
and
4. If the lot is proposed for a detached dwelling, the dwelling is developed in
conformity with the other development standards of the zoning district in which it
is located .
Section 14. That Article 6, Nonconforming Provisions, Section 6-107.A., Community
Development Code, be, and the same is hereby amended to read as follows:
A. No nonconforming accessory use or accessory structure shall continue after the
principal use or structure is terminated by abandonment, damage, or destruction unless
such accessory use or accessory structure conforms to the standards for the zoning
district in which it is located as a princiqle use.
**********
Section 15. That Article 8, Definitions and Rules of Construction, Section 8-102,
Definitions, Community Development Code, be, and the same is hereby amended to read as
follows:
**********
Temporary retail sa/es and displays means any nonpermanent sales or displays which are of
the same product and must be related with the permanent or principal use of property as a retail
sales and services business/use. e��°'� '��EP ^"^°�T�^o`�a�+c�hR°,�@„�� ""^�p^�T���
,�
, � •
**********
Section 16. 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 17. The City of Clearwater
contained herein, as well as the provisions of
conformance with the City's Comprehensive Plan.
20
does hereby certify that the amendments
this Ordinance, are consistent with and in
Section 18. 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 19. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 20. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
.�l�
Leslie K. Dougall Si es
Assistant City Attor ey
21
January 12, 2012
February 2, 2012
� �� ' �
Frank V. Hibbard
Mayor
Attest:
Rosemarie Call
City Clerk