07/30/2012
WORK SESSION AGENDA
Council Chambers - City Hall
7/30/2012 - 1:00 PM
1. Economic Development and Housing
1.1Approve the proposed substantial amendments to the City of Clearwater’s FY 2010-2011 Neighborhood
Stabilization Program 3 (NSP 3) Action Plan to modify the categories of funding and identify proposed
projects.
Attachments
2. Information Technology
2.1Approve a contract (purchase order) with Extensys, Inc., Palm Harbor, Florida, in the amount of
$247,478.77 for the acquisition of network storage, network backup and archiving management
application and a disc-to-disc backup and recovery appliance, in accordance with Sec. 2.564(1)(d), Code
of Ordinances – Florida State Contract; authorize lease purchase under the City’s Master Lease Purchase
Agreement and authorize the appropriate officials to execute same. (consent)
Attachments
3. Library
3.1Approve funding from the City General Fund Reserves in the amount of $188,291 to undertake fencing
and related improvements at the Main Library to define pedestrian patterns and create a public arts area.
(consent)
Attachments
4. Parks and Recreation
4.1No Item
Attachments
5. Engineering
5.1Award a Contract (purchase order) to Waterfront Engineering Inc., of Tampa, FL., in an amount not to
exceed $400,000 to fund City owned seawall upgrades and/or replacement, and authorize the appropriate
officials to execute same. (consent)
Attachments
5.2Accept a Drainage and Utility Easement granted to the City from Cay 1475, LLC located southwest of the
corner of Sunset Point Road and North Highland Avenue contingent upon Council adoption of Ordinance
8350-12. (consent)
Attachments
5.3Approve a Work Order to Engineer of Record Jones Edmunds and Associates, Inc. for Engineering
Services for the Northeast Water Reclamation Facility (WRF) Internal Recycle Pump Station Upgrade
(12-0017-UT) in the amount of $118,800.00, and authorize the appropriate officials to execute same.
(consent)
Attachments
6. Planning
6.1Approve amendments to the Community Development Code repealing and replacing Article 3, Division
18 Signs in its entirety and amendments to Article 8, Section 8-102, Definitions relating to signage, and
pass Ordinance 8343-12 on first reading.
Attachments
7. Official Records and Legislative Services
7.1Review Council Rules and Policies and provide direction regarding revisions. (WSO)
Attachments
8. Legal
8.1Request for authority to institute a civil action on behalf of the City against Suncoast Development of
Pinellas County, Inc., to recover $1,658.99 for damages to City property. (consent)
Attachments
8.2Adopt Ordinance 8335-12 on second reading, annexing certain real property whose post office address is
1907 Calumet Street into the corporate limits of the city and redefining the boundary lines of the city to
include said addition.
Attachments
8.3Adopt Ordinance 8336-12 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post office
address is 1907 Calumet Street, upon annexation into the City of Clearwater, as Industrial General (IG)
and Industrial Limited (IL).
Attachments
8.4Adopt Ordinance 8337-12 on second reading, amending the Zoning Atlas of the city by zoning certain
real property whose post office address is 1907 Calumet Street, upon annexation into the City of
Clearwater, as Industrial, Research and Technology (IRT).
Attachments
8.5Adopt Ordinance 8345-12 on second reading, relating to soliciting the occupants of motor vehicles,
renumbering Section 28.041 to Section 21.19, Code of Ordinances, to include street-solicitation violations
among those violations that are punishable by a fine of up to $500.00, imprisonment for not more than 60
days, or both.
Attachments
8.6Adopt Ordinance 8347-12 as amended on second reading, prohibiting sitting or lying on the publicly
owned right-of-ways, sidewalks, piers, docks, boardwalks, and entryways to publicly owned buildings in
the downtown, gateway, and beach tourist areas.
Attachments
8.7Adopt Ordinance 8348-12 on second reading, creating Section 21.21, Code of Ordinances, prohibiting
lodging out-of–doors.
Attachments
8.8Adopt Ordinance 8350-12 on second reading, vacating a portion of a 2-foot Drainage and Utility
Easement lying on a parcel of land lying in Section 2, Township 29 South, Range 15 East, Pinellas
County, Florida, and being a portion of Lot 9, Brentwood Estates, as recorded in Plat Book 59, Page 28 of
the Public Records oaf Pinellas County.
Attachments
9. City Manager Verbal Reports
9.1City Manager Verbal Reports
Attachments
10. Council Discussion Items
10.1Internet Cafes - Vice Mayor Paul Gibson
Attachments
11. Closing Comments by Mayor
12. Adjourn
13. Presentation(s) for Council Meeting
13.1Diversity Poster Contest Winners Presentation
Attachments
13.2Airpark Advisory Board Presentation
Attachments
13.3Public Art & Design Board Annual Report
Attachments
Work Session
Council Chambers - City Hall
Meeting Date:7/30/2012
SUBJECT / RECOMMENDATION:
Approve the proposed substantial amendments to the City of Clearwater’s FY 2010-2011 Neighborhood Stabilization Program 3 (NSP
3) Action Plan to modify the categories of funding and identify proposed projects.
SUMMARY:
The U. S. Department of Housing and Urban Development previously awarded the City of Clearwater $1,385,801 in funding through
the NSP 3 Program. The NSP 3 Program is designed to stabilize neighborhoods that have been and continue to be damaged by the
economic effects of properties that have been foreclosed or abandoned.
The NSP 3 Program established five allowable housing strategies for funding. They include using the funds for housing-related
financing mechanism, acquisition and rehabilitation, land banking, demolition, and redevelopment. On March 10, 2012, HUD approved
the City’s NSP 3 Action Plan to use its funding in the following manner:
· Financing mechanisms for the purchase and redevelopment of foreclosed homes and properties - $350,000 – 6 units
· Acquisition and rehabilitation of foreclosed and abandoned properties - $397,221 – 4 units
· Redevelopment of demolished or vacant properties for housing - $500,000 – 10 units
Administration - $138,580
At the time of HUD’s approval of the NSP 3 plan, specific projects were not yet identified. After further review and consultation, the
City proposes to amend the existing Action Plan to make the following modifications:
NSP 3 Activities to be deleted:
Establish financing mechanisms for the purchase and redevelopment of foreclosed upon homes and residential properties.
Provide financial assistance to eligible homebuyers of up to 120% AMI, to purchase foreclosed properties in the NSP3
Target Areas. Estimated amount - $ 350,000
Acquire and rehabilitate homes and residential properties that have been abandoned or foreclosed upon, in order to sell, rent, or
redevelop such homes and properties.
Provide financial assistance to acquire, rehabilitate and resell foreclosed upon properties in the NSP3 Target
Areas. Estimated amount - $ 397,220
Total amount from deleted activities is $747,220.
NSP 3 Activities to be increased:
Redevelop demolished or vacant properties and use for housing.
Provide financial assistance to Boley Centers, Inc. to refinance property acquisition costs and develop 14 units of rental
housing for individuals with income at or below 50% of AMI located in the targeted NSP areas. Estimated amount -
$346,451
Redevelop demolished or vacant properties and use for housing.
Provide financial assistance to SP Country Club Townhomes, LLC to build 6 townhomes for families at or below 120%
of AMI located in the targeted NSP areas. Estimated amount - $475,770
· Redevelop demolished or vacant properties and use for housing.
Cover Memo
Item # 1
o Provide financial assistance to Pinellas County Habitat for Humanity, Inc. to build 6 new single family homes for
families at or below 80% of AMI located in the targeted NSP areas. Estimated amount - $425,000
Total amount of increased activities is $1,247,221.
The focus of these proposed activities is to continue construction financing for projects already underway to ensure their success and
timely completion. The benefit for moving funding to construction financing is that once the loans are repaid, the City can use those
funds as program income for down payment assistance for these and other properties.
Type:Other
Current Year Budget?:NoneBudget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year: to
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) City Manager 6) Clerk
Cover Memo
Item # 1
CITY OF CLEARWATER,
FLORIDA
AMENDED
NEIGHBORHOOD
STABILIZATION
PROGRAM 3
FY 2011-2014
ACTION PLAN
Attachment number 1 \nPage 1 of 14
Item # 1
NSP3 Grantee Information
NSP3 Program Administrator Contact Information
Name (Last, First) Michael Holmes
Email Address Michael.Holmes@myclearwater.com
Phone Number 727-562-4032
Mailing Address City of Clearwater
112 South Osceola Avenue
Clearwater, Florida 33756
1. Areas of Greatest Need
Map Submission
The map generated at the HUD NSP3 Mapping Tool for Preparing Action Plan website is included as an
attachment.
Data Sources Used to Determine Areas of Greatest Need
Describe the data sources used to determine the areas of greatest need.
Response:
The City of Clearwater used three different data sources to determine areas with the greatest need. First
the City used data from its HUD approved neighborhood revitalization strategy areas. Secondly, the City
used information from a City initiated housing market analysis. The last and primary data sources were
those established through the Neighborhood Stabilization Program 3 (NSP 3) Mapping Tool to determine
the areas of greatest need, as identified by the U. S. Department of Housing and Urban Development
(HUD).
Determination of Areas of Greatest Need
Describe how the areas of greatest need were established.
Response:
The City first examined areas in our neighborhood revitalization areas. The purpose was to continue to
stabilize the area where the city has already invested financial resources. The City then viewed the
resources outlined in Appendix A: Data Sources of the NSP Design Guidebook. From this information,
the City was able to use the NSP 3 Mapping Tool to determine neighborhoods with the greatest need by
mapping a wide range of areas. The Mapping Tool provided the score ranges for areas with the greatest
need. The City chose the areas with the highest targeted scores of 19 and 20 and areas where the
amount of NSP 3 allocation can address the needs to stabilize the neighborhoods. Additionally, the City
targeted areas where there has been prior investment through the National Stabilization Program 2
(NSP 2).
The City has determined that projects in the following areas may qualify to receive assistance:
Stevens Creek/North Greenwood Area
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Item # 1
The Stevens Creek/North Greenwood Area was selected to continue the city’s efforts to stabilize the
community. The City’s initial investment in the area was in February 2008 when the Clearwater Housing
Authority received permission from HUD to sell its deteriorated Homer Villa Public Housing Complex.
Through the efforts of the City and Pinellas County, we were able to assist Habitat for Humanity of
Pinellas County in obtaining ownership of the 9.8 acre parcel of land. The City contributed $725,000
toward the acquisition and demolition. Pinellas County provided $1.425 million dollars for land
acquisition, engineering and site construction. As the property lay vacant, the City again partnered with
Pinellas County to identify a financing strategy to build 51 new single-family homes on the vacant
property. This redevelopment project will have an estimated $8.415 million dollar project cost. The
project will provide housing opportunities for fifty-one Habitat for Humanity families with income
between 30% and 80% of area median income. Funding through the NSP 2 Program provided a
construction loan in the amount of $2.340 million dollars to build 18 new housing units.
The East Gateway Area
The East Gateway Area was selected to continue the efforts made when the City established it as a HUD
Neighborhood Revitalization Strategy Area. Through the efforts identified in the five year strategy, the
area will continue to be developed as a low to medium density residential neighborhood supported with
housing, neighborhood commercial and professional offices. To help redevelop this community, the City
has established and funded a Façade and Building Improvement Program to provide incentives to
businesses for public-private investment. The City committed $80,000 as redevelopment stimulus
through the Community Development Block Grant – Recovery Program. An additional $142,000 was
provided through the Recovery Program in this area for side walk improvements. In housing
development, the City hopes to turn a $700,000 Community Development Block Grant Program loan
into a $7 million dollar investment in affordable housing for this area. The planned development,
Country Club Homes, includes 31 new affordable townhomes. NSP 2 funding in the amount of $1.5
million dollars will be used as construction financing to begin building of the community project. The
homes include three bedrooms, 2.5 bathrooms and two car garages. Recently, the City purchased a
dilapidated hotel that was an eye sore in the community and a place of many Police calls for service. The
City purchased the property for $1.675 million dollars with funding through the Community
Redevelopment Agency. The 2.2 acre property was demolished and land banked for future
redevelopment.
South Greenwood Area
The City is continuing their efforts to rehabilitate homes and develop infill housing in the South
Greenwood Area. In FY 2009-2010 the City provided funding for two infill housing loans, two down
payment assistance loans, and one rehabilitation loan. In 2004, utilizing $2.9 million dollars in general
funds, the City built an aquatic/recreation complex, a skateboard park, a fishing pier on Lake Belleview
and new baseball fields. In 2008, utilizing $200,000 raised from grants and corporate sponsors, the City
partnered with an international organization, Let Them Be Kids, to design and construct a playground at
the Ross Norton Recreation Complex. In 2010, utilizing $1.8 million in general funds, the City completed
the Lake Belleview Stormwater Improvement project that included major improvements to Lakeview
Road. In 2010, renovations were completed at the Ross Norton Baseball Fields to include bullpens, sod,
irrigation and the reworking of the pitching mounds. In 2010, plans were being developed to install
traffic calming devices throughout South Greenwood per the request of the neighborhood to improve
Attachment number 1 \nPage 3 of 14
Item # 1
safety for pedestrians. The City of Clearwater is in the process of partnering with Pinellas County
Community Development Department for the acquisition of Norton Apartments utilizing funding
through the NSP 2 Program. This $1.8 million dollar investment in a foreclosure acquisition helped to
save 48 Housing Choice Vouchers from expiring and will provide rental opportunities for 48 low to
moderate income families.
2. Definitions and Descriptions
Definitions
Term Definition
Blighted Structure Blighted structures are a structure(s) that exhibit objectively determinable
sign of deterioration sufficient to constitute a threat to human health,
safety, and public welfare.
Affordable Rents HOME program standards can be used as a safe harbor, but if an alternative
standard is applied it must be equal to or exceed the HOME standard.
Affordable rents are defined by the HUD Fair market rents published annually
by HUD for the Tampa, St. Petersburg SMSA. The FY 2010 Fair Market Rates
are as follows:
0 Bedroom $714
1 Bedroom $793
2 Bedroom $959
3 Bedroom $1,215
4 Bedroom $1,467
Descriptions
Term Definition
Long-Term Affordability Continued affordability that at a minimum is at least as strict as the HOME
program standards at 24 CFR 92.252(a), (c), (e), and (f), and 92.254. HOME
program standards can be used as a safe harbor, but if an alternative standard
is applied it must be equal to or exceed the HOME standard.
Housing Rehabilitation
Standards
The rehabilitation and new construction standards that will apply for NSP-
assisted projects must be included in the Action Plan. Specifically, HUD
requires that:
o All gut rehabilitation or new construction (i.e., general
replacement of the interior of a building that may or may not
include changes to structural elements such as flooring systems,
columns or load bearing interior or exterior walls) of residential
buildings up to three stories must be designed to meet the
standard for Energy Star Qualified New Homes.
o All gut rehabilitation or new construction of mid -or high-rise
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Item # 1
multifamily housing must be designed to meet American Society
of Heating, Refrigerating, and Air-Conditioning Engineers
(ASHRAE) Standard 90.1-2004, Appendix G plus 20 percent
(which is the Energy Star standard for multifamily buildings
piloted by the Environmental Protection Agency and the
Department of Energy).
o Other rehabilitation must meet these standards to the extent
applicable to the rehabilitation work undertaken, e.g., replace
older obsolete products and appliances (such as windows, doors,
lighting, hot water heaters, furnaces, boilers, air conditioning
units, refrigerators, clothes washers and dishwashers) with
Energy Star-46 labeled products.
o Water efficient toilets, showers, and faucets, such as those with
the WaterSense label, must be installed.
o Where relevant, the housing should be improved to mitigate the
impact of disasters (e.g., earthquake, hurricane, flooding, fires).
HUD also encourages the adoption of energy efficient and
environmentally-friendly green elements as part of NSP3 program
design. Attachment C to the NSP3 Notice describes in more detail
how energy efficient and environmentally-friendly green elements
can be incorporated and additional tools on incorporating green
rehabilitation standards can be found on the NSP Resource Exchange
at www.hud.gov/nspta.
3. Low-Income Targeting
Low-Income Set-Aside Amount
Enter the low-income set-aside percentage in the first field. The field for total funds set aside will
populate based on the percentage entered in the first field and the total NSP3 grant.
Identify the estimated amount of funds appropriated or otherwise made available under the NSP3 to
be used to provide housing for individuals or families whose incomes do not exceed 50 percent of
area median income.
Response:
Total low-income set-aside percentage (must be no less than 25 percent): 25.00%
Total funds set aside for low-income individuals = $346,451
Meeting Low-Income Target
Provide a summary that describes the manner in which the low-income targeting goals will be met.
Response:
The City will work with Habitat for Humanity, Inc. to provide homebuyers below 50% of area median
income and will work with other local non-profit housing providers to provide permanent rental housing
Attachment number 1 \nPage 5 of 14
Item # 1
units for individuals and families with income below 50% of area median income.
To meet the 25% low income target requirement, the City will provide funding in the amount of
$346,451 to Boley Centers, Inc. to build Sunset Point Apartments. The proposed project is a one eight-
unit and one six-unit building with a two story design which includes a total of fourteen units all of which
are one bedroom units for people who have mental illness and are very-low income. The project site is
located at 1401 and 1443 Sunset Point Road, Clearwater.
The proposed fourteen unit development will be financed largely with a Section 811 capital advance
grant from the U. S. Department of Housing and Urban Development. The HUD 811 grant will pay for a
large portion of the construction costs of the development. Additionally, the HUD 811 comes with a
Project Rental Assistance Contract which provides a project based rental subsidy. Boley, Inc.’s proposal
was for the cost of the land at $175,000 and closing costs estimated at about $5,000. Boley, Inc.
estimated that the HUD 811 award would be for $1,787,263. Boley, Inc. would provide an additional
$10,000 as the initial capital advance. The total project cost is estimated at $1,975,687.
4. Acquisition and Relocation
Demolition or Conversion of LMI Units
Does the grantee intend to demolish or convert any low- and moderate-income
dwelling units (i.e., ≤ 80% of area median income)?
No
If yes, fill in the table below.
Question Number of Units
The number of low- and moderate-income dwelling units—i.e., ≤ 80% of area
median income—reasonably expected to be demolished or converted as a direct
result of NSP-assisted activities.
0
The number of NSP affordable housing units made available to low- , moderate-,
and middle-income households—i.e., ≤ 120% of area median income—reasonably
expected to be produced by activity and income level as provided for in DRGR, by
each NSP activity providing such housing (including a proposed time schedule for
commencement and completion).
14 12
The number of dwelling units reasonably expected to be made available for
households whose income does not exceed 50 percent of area median income.
6 14
5. Public Comment
Citizen Participation Plan
Briefly describe how the grantee followed its citizen participation plan regarding this proposed
substantial amendment or abbreviated plan.
Response:
The City of Clearwater will place an advertisement in the local newspaper 15 days before the public
Attachment number 1 \nPage 6 of 14
Item # 1
meetings concerning its NSP 3 Action Plan. The Plan will be available for viewing at the City of
Clearwater’s Housing Division, local libraries, City Clerk’s office and online at the housing division
website. The City will hold two public meetings (hearings) to obtain citizen comments. One meeting will
be held on February 8, 2011 with the Neighborhood and Affordable Housing Advisory Board and on
February 17, 2011 before the Clearwater City Council.
The City of Clearwater will place an advertisement in the local newspaper 15 days before the public
meetings concerning its NSP 3 Action Plan. The Plan will be available for viewing at the City of
Clearwater’s Housing Division, City Clerk’s office and online at the housing division website. The City will
hold two public meetings (hearings) to obtain citizen comments. One meeting was held on July 10, 2012
with the Neighborhood and Affordable Housing Advisory Board and another on July 19, 2012 before the
Clearwater City Council.
Summary of Public Comments Received.
The summary of public comments received is included as an attachment.
6. NSP Information by Activity
Enter each activity name and fill in the corresponding information. If you have fewer than seven
activities, please delete any extra activity fields. (For example, if you have three activities, you should
delete the tables labeled “Activity Number 4,” “Activity Number 5,” “Activity Number 6,” and “Activity
Number 7.” If you are unsure how to delete a table, see the instructions above.
The field labeled “Total Budget for Activity” will populate based on the figures entered in the fields
above it.
Consult the NSP3 Program Design Guidebook for guidance on completing the “Performance Measures”
component of the activity tables below.
Activity Number 1
Activity Name City of Clearwater NSP 3 Loan Program
Uses
Select all that apply:
X Eligible Use A: Financing Mechanisms
Eligible Use B: Acquisition and Rehabilitation
Eligible Use C: Land Banking
Eligible Use D: Demolition
Eligible Use E: Redevelopment
CDBG Activity or
Activities
Under the provisions at section 570.201(n), the City or its subrecipients may
provide financial assistance to low and moderate income households to assist
in the purchase of a home.
National Objective LMMH
Activity Description
· The City may use the funds to subsidize interest rates and mortgage
principal amounts, including making a grant to reduce the effective
interest rate on the amount needed by the purchaser to an affordable
level. In addition, the City may make a subordinate loan for part of
Attachment number 1 \nPage 7 of 14
Item # 1
the purchase price, at little or no interest, for an amount of funds the
payments on which, together with that required under the first
mortgage, would be affordable to the purchaser.
· The City may pay any or all of the reasonable closing costs associated
with the home purchase on behalf of the purchaser.
· The City may pay up to 50% of the down payment required by the
mortgagee for the purchase on behalf of the purchaser.
· The City may use the funds to finance multi-family housing projects.
· Funds may also be provided for activity delivery costs.
· The amount provided will not be more than the appraised value of
the housing unit.
· The City will use the requirements of the HOME Program for
affordability.
Location Description The location for the projects will be in the areas identified in this plan for the
areas of greatest need.
Budget
Source of Funding Dollar Amount
NSP3 $350,000
(Other funding source) $
(Other funding source) $
Total Budget for Activity $350,000
Performance Measures
The City anticipates that it will provide no more than $50,000 per unit for this
activity. The activity is expected to produce 6 units in which the incomes will
be from less than 50% to 120% of area median income.
Projected Start Date Date of award (approximately June 2011)
Projected End Date Date of award plus three years (approximately June 2014)
Responsible
Organization
Name City of Clearwater Economic
Development and Housing Department
Location 112 South Osceola Avenue
Clearwater, Florida
Administrator Contact Info Michael Holmes
727-562-4032
Michael.Holmes@myclearwater.com
Activity Number 2
Activity Name City of Clearwater NSP 3 Purchase/Rehabilitation Program
Use
Select all that apply:
Eligible Use A: Financing Mechanisms
X Eligible Use B: Acquisition and Rehabilitation
Eligible Use C: Land Banking
Eligible Use D: Demolition
Eligible Use E: Redevelopment
CDBG Activity or
Activities
Acquisition, disposition and direct homeownership assistance is provided
under Section 24 CFR 570.201 and rehabilitation is provided through 24 CFR
570.202.
National Objective LMMH
Activity Description · The City anticipates that it would use these funds to purchase
Attachment number 1 \nPage 8 of 14
Item # 1
foreclosed or abandoned properties, rehabilitate them and resell
them to families with incomes between 30 to 120 percent of the area
median income. Rental units may also be purchased, rehabilitated
and marketed through not-for-profit agencies who would rent the
units in accordance with HOME Program regulations.
· HOME Program rules would also apply for affordability and length of
affordability.
Location Description The location for the projects will be in the areas identified in this plan for the
areas of greatest need.
Budget
Source of Funding Dollar Amount
NSP3 $397,220
(Other funding source) $
(Other funding source) $
Total Budget for Activity $397,220
Performance Measures
The City or its subrecipients will use the funds to purchase up to 4 single
family homes that has been foreclosed or abandoned. The homes will be
rehabilitated and sold to an eligible homebuyers.
Projected Start Date Date of award (approximately June 2011)
Projected End Date Date of award plus three years (approximately June 2014)
Responsible
Organization
Name City of Clearwater Economic
Development and Housing Department
Location 112 South Osceola Avenue
Clearwater, Florida 33756
Administrator Contact Info Michael Holmes
727-562-4032
Michael.Holmes@myclearwater.com
Activity Number 3
Activity Name City of Clearwater NSP 3 Redevelopment Program
Use
Select all that apply:
Eligible Use A: Financing Mechanisms
Eligible Use B: Acquisition and Rehabilitation
Eligible Use C: Land Banking
Eligible Use D: Demolition
X Eligible Use E: Redevelopment
CDBG Activity or
Activities
The location for the projects will be in the areas identified in this plan for the
areas of greatest need.
National Objective
Acquisition, disposition and direct homeownership assistance is provided
under Section 24 CFR 570.201 and rehabilitation is provided through 24 CFR
570.202.
Activity Description
· The City will provide funding to subrecipients and developers to
redevelop demolished or vacant properties, including vacant land.
This activity will result in housing opportunities for homebuyers
and/or tenants with incomes between 30% and 120% of area median
income.
· The City will use the HOME Program guidelines for affordability
requirements.
Attachment number 1 \nPage 9 of 14
Item # 1
Location Description The location for the projects will be in the areas identified in this plan for the
areas of greatest need.
Budget
Source of Funding Dollar Amount
NSP3 $500,000
(Other funding source) $
(Other funding source) $
Total Budget for Activity $500,000
Performance Measures The City anticipates that the project will provide housing opportunities to 10
low to moderate income families. The units may be rental or owner-occupied.
Projected Start Date Date of award (approximately June 2011)
Projected End Date Date of award plus three years (approximately June 2014)
Responsible
Organization
Name City of Clearwater Economic
Development and Housing Department
Location 112 South Osceola Avenue
Clearwater, Florida 33756
Administrator Contact Info Michael Holmes
727-562-4032
Michael.Holmes@myclearwater.com
Revised Activity Number 1
Activity Name Sunset Point Apartments – Boley Centers, Inc.
Use
Select all that apply:
Eligible Use A: Financing Mechanisms
Eligible Use B: Acquisition and Rehabilitation
Eligible Use C: Land Banking
Eligible Use D: Demolition
X Eligible Use E: Redevelopment
CDBG Activity or
Activities
The location for the projects will be in the areas identified in this plan for the
areas of greatest need.
National Objective
Acquisition, disposition and direct homeownership assistance is provided
under Section 24 CFR 570.201 and rehabilitation is provided through 24 CFR
570.202.
Activity Description
· The City will provide funding to Boley Centers, Inc. to refinance the
existing mortgage to acquire the property and build 14 rental housing
units for low income residents whose income is 50% or less of area
median income.
· The City will use the HOME Program guidelines for affordability
requirements.
Location Description 1401 Sunset Point Road, Clearwater, FL 33755
Budget
Source of Funding Dollar Amount
NSP3 $346,451
(Other funding source) $
Attachment number 1 \nPage 10 of 14
Item # 1
(Other funding source) $
Total Budget for Activity $345,451
Performance Measures
The project will provide funding to Boley Centers, Inc. to refinance the
existing mortgage to acquire the property and build 14 rental housing
units for low income residents whose income is 50% or less of area
median income.
Projected Start Date August 2012
Projected End Date March 2014
Responsible
Organization
Name City of Clearwater Economic
Development and Housing Department
Location 112 South Osceola Avenue
Clearwater, Florida 33756
Administrator Contact Info Michael Holmes
727-562-4032
Michael.Holmes@myclearwater.com
Revised Activity Number 2
Activity Name Pinellas County Habitat for Humanity, Inc.
Use
Select all that apply:
Eligible Use A: Financing Mechanisms
Eligible Use B: Acquisition and Rehabilitation
Eligible Use C: Land Banking
Eligible Use D: Demolition
X Eligible Use E: Redevelopment
CDBG Activity or
Activities
The location for the projects will be in the areas identified in this plan for the
areas of greatest need.
National Objective
Acquisition, disposition and direct homeownership assistance is provided
under Section 24 CFR 570.201 and rehabilitation is provided through 24 CFR
570.202.
Activity Description
· The City will provide funding to Pinellas County Habitat for Humanity,
Inc. to build 6 new single family homes for families whose income is
80% or less of area median income.
· The City will use the HOME Program guidelines for affordability
requirements.
Location Description The location for the projects will be in the areas identified in this plan for the
areas of greatest need.
Budget Source of Funding Dollar Amount
Attachment number 1 \nPage 11 of 14
Item # 1
NSP3 $425,000
(Other funding source) $
(Other funding source) $
Total Budget for Activity $425,000
Performance Measures The project will provide 6 new single family owner-occupied housing units for
families whose income is less than 80% of the area median income.
Projected Start Date February 2013
Projected End Date March 2014
Responsible
Organization
Name City of Clearwater Economic
Development and Housing Department
Location 112 South Osceola Avenue
Clearwater, Florida 33756
Administrator Contact Info Michael Holmes
727-562-4032
Michael.Holmes@myclearwater.com
Revised Activity Number 3
Activity Name SP Country Club Townhomes, LLC
Use
Select all that apply:
Eligible Use A: Financing Mechanisms
Eligible Use B: Acquisition and Rehabilitation
Eligible Use C: Land Banking
Eligible Use D: Demolition
X Eligible Use E: Redevelopment
CDBG Activity or
Activities
The location for the projects will be in the areas identified in this plan for the
areas of greatest need.
National Objective
Acquisition, disposition and direct homeownership assistance is provided
under Section 24 CFR 570.201 and rehabilitation is provided through 24 CFR
570.202.
Activity Description
· The City will provide funding to SP Country Club Townhomes, LLC to
build 6 townhomes which will provide housing opportunities for
families at 120% or less of area median income.
· The City will use the HOME Program guidelines for affordability
requirements.
Location Description The location for the projects will be in the areas identified in this plan for the
areas of greatest need.
Budget Source of Funding Dollar Amount
Attachment number 1 \nPage 12 of 14
Item # 1
NSP3 $475,770
(Other funding source) $
(Other funding source) $
Total Budget for Activity $475,770
Performance Measures The project will provide 6 new owner-occupied housing units for families
whose income is 120% or less than area median income.
Projected Start Date September 2012
Projected End Date March 2014
Responsible
Organization
Name City of Clearwater Economic
Development and Housing Department
Location 112 South Osceola Avenue
Clearwater, Florida 33756
Administrator Contact Info Michael Holmes
727-562-4032
Michael.Holmes@myclearwater.com
Attachment number 1 \nPage 13 of 14
Item # 1
Attachment number 1 \nPage 14 of 14
Item # 1
Work Session
Council Chambers - City Hall
Meeting Date:7/30/2012
SUBJECT / RECOMMENDATION:
Approve a contract (purchase order) with Extensys, Inc., Palm Harbor, Florida, in the amount of $247,478.77 for the acquisition of
network storage, network backup and archiving management application and a disc-to-disc backup and recovery appliance, in
accordance with Sec. 2.564(1)(d), Code of Ordinances – Florida State Contract; authorize lease purchase under the City’s Master Lease
Purchase Agreement and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The continued growth of systems and business related data storage demand necessitates increasing our storage capability and
review of our backup and disaster preparedness tools.
Data storage requirements for City operations are currently in excess of 60TB, anticipated growth of video archives will require
additional storage separate from the storage of daily system and document activities.
The City has used Symantec's Net Backup product since 2002, changes in backup and archiving systems technology as well as
changes in pricing strategies have prompted and change in tool sets.
The City's disaster preparedness plan includes protection of systems and application data for all City operations. Technology
advances have been trending away from tape systems to disc-to-disc backup tools. New systems are faster, make
more efficient use of storage and are easier to deploy and maintain at off-site locations.
All items will be funded from existing CIP project 316-94814, Network Infrastructure Refresh and Replacement.
Type:Purchase
Current Year Budget?:YesBudget Adjustment:No
Budget Adjustment Comments:
None
Current Year Cost:$247,478.77 Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year: to
Appropriation CodeAmountAppropriation Comment
316-94814 $247,478.77 Network Infrastructure R-and-R
Bid Required?:NoBid Number:#250-000-
09-1
Other Bid / Contract:Florida State
Contract Bid Exceptions:
Other
Government
Bid
Review
Approval:
1) Financial Services 2) Information Technology 3) Financial Services 4) Office of Management and Budget 5) Information
Technology 6) Financial Services 7) Office of Management and Budget 8) Legal 9) Clerk 10) Assistant City Manager 11) City
Manager 12) Clerk
Cover Memo
Item # 2
Quote Date:Apr 4, 2012City of Clearwater
Sabrina ChuteQuote #:EXTQ4689-02
Team:100 South Myrtle Avenue
Clearwater, FL 33756-5520 Chris Jordan - 813.855.3909 x116
Phone:727-562-4671 Loretta Zisk - 813.855.3909 x144
Fax:
253 Pine Ave. N, Bldg B
Oldsmar, FL 34677
Office: 813-855-3909
Fax: 813-855-3922 Commvault with File Archive
QtyPart NumberDescriptionUnit PriceExt. Price
Commvault Application Data Management Bundle
1 $0.00 $0.00CAP-NC-CCELLNo charge option. Use this item to request number of
required CommCell licenses per CLA Customer. Account
team must direct allocation of total capacity to each Cell in
the CLA; a unique CommCell ID key will be awarded based
on this count.
1 $25,000.00 $25,000.00SB-C-ADM-CELLSMB Data Management starter bundle for new ADM
customer. This bundle provides 3TB ADM capacity, 3TB of
DAE capacity and 150 User CALs to a new CommCell site
configuration. Additional SB-C-DP-ADM-1T (TB) protection
capacity or SB-C-DAE-1T can be purchased normally to
scale-out the environment. (Sold as fixed set of capacity, no
Tiering, limit 1 per customer)
11 $6,000.00 $66,000.00SB-C-DP-ADM-1T-
B
Application Data Mgmt (ADM) capacity bundle used in a
Dedicated CommCell for new CLA customers. This provides
1TB (FET) of the ADM Protection-Enterprise capacity for a
new CommCell which is restricted to Window FS, Linux FS,
MAC FS, ActiveDirectory, Exchange, MS-SQL, MySQL,
SharePoint, or VSA clients only with a limited set of
Enterprise class infrstucture features; purchase additional
TB quantity to meet your Cell needs. The client feature set
can be extended with the purchase of add-on feature packs
which apply to a single CommCell only. This bundle cannot
be directly combined with any other Data Protection edition
in the same Cell. This edition can be upgraded to the full
edition DP Enterprise capacity capacity by purchasing the
upgrade option. It can be combined with additional
purchases of Data Archive or Search capacity. (Sold per
Terabyte of Front-End Protection Size, Tiered Volume price)
1 $3,000.00 $3,000.00SB-C-ADM-FSClient Extension pack allows the addition of one File System
client type to be included in the ADM CommCell for
unlimited CLA use. Choices include - Unix OS types, Image
level options, Cluster FS client or NDMP/NAS client. A pack is
exclusively added to a CommCell ID. A maximum of two (2)
FS packs can be purchased/applied per CommCell ID. (Sold
per client type, one unit per cell)
$94,000.00 Software SubTotal
Support
1 $19,740.00 $19,740.00S-PremiumSupport and Maintenance Subscription 12 Month
$113,740.00 SubTotal
-$42,857.23 Less Extensys Savings
$70,882.77 Commvault SubTotal
2PageEXTQ4689-02 1ofThis quote is Proprietary of ExtenSys, Inc. and shall not be shared outside the party for which the quote was prepared without prior permission.
Attachment number 1 \nPage 1 of 4
Item # 2
QtyPart NumberDescriptionUnit PriceExt. Price
Implementation Services
1 $6,750.00 $6,750.00IC-CONSDEP-EXTConsulting on and core product configuration for MSFT
databases and applications, file systems, deduplication,
replication. Includes Expenses.
Total $77,632.77
NOTES:
1. Pricing is exclusive of Freight charges and Taxes.
2. Prices reflect standard manufacturers warranty unless otherwise noted.
3. All equipment orders require a Purchase Order. A Purchase Order constitutes acceptance of these terms.
4. All trade in prices are subject to verification and approval by the manufacturer.
5. Services require a signed statement of work. Pricing includes pre-sales design consulting services.
6. Prices are valid for 5 days from the quote date and are subject to the manufacturer's special pricing not changing.
7. Product specs, performance or suitability are per manufacturer's published literature only. No RMA's beyond warranty.
8. Overdue invoice's are subject to $100 late fee and 1.5% interest charged on the outstanding balance. An additional 1.5% will be added to the outstanding
balance on the first of each month past due. Invoices that are 90 days past due are subject to collection fees, late fees, and interest.
9. Extensys, Inc. Invoices on products shipped. The manufacturer and/or distributor may ship partial orders, in these situations customers will receive partial
shipments and agree to pay partial invoices. We recommend partial orders not be opened until you have your entire order and have verified the part numbers
and quantities, opened products can not be returned. In any case products can only be returned if the manufacturer or supplier provides Extensys, Inc. an
RMA. In the unlikely event that equipment is DOA, replacement product will be shipped these items are managed as warranty issues so they are not refunded
they are replaced. Contact us immediately if you receive incorrect parts or quantities.
10.Payment terms unless otherwise noted are Net15.
2PageEXTQ4689-02 2ofThis quote is Proprietary of ExtenSys, Inc. and shall not be shared outside the party for which the quote was prepared without prior permission.
Attachment number 1 \nPage 2 of 4
Item # 2
Quote Date:Apr 4, 2012City of Clearwater
Sabrina ChuteQuote #:EXTQ4778-03
Team:100 South Myrtle Avenue
Clearwater, FL 33756-5520 Chris Jordan - 813.855.3909 x116
Phone:727-562-4671 Loretta Zisk - 813.855.3909 x144
Fax:
253 Pine Ave. N, Bldg B
Oldsmar, FL 34677
Office: 813-855-3909
Fax: 813-855-3922 Nexsan Storage E5310
QtyPart NumberDescriptionUnit PriceExt. Price
Nexsan E5310 NAS Solution
1 $86,091.00 $86,091.00E5310-CFGNexsan E5310 120TB System
E5310NST5310 - DUAL CONTROLLER, ONE QUAD-CORE
PROCESSOR, 24GB RAM, FOUR 8GB/S FC PORTS,
TWO GIGE PORTS PER CONTROLLER. INCLUDES CORE
OPERATING SYSTEM, NAS SERVICES AND E-CENTRE
MANAGEMENT PLATFORM SOFTWARE LICENSES.
SUPPORTS UP TO TWO EXTERNAL STORAGE UNITS
(E18/E60) PLUS UP TO TWO EXPANSION UNITS (E18X/E60X)
E5000-SAS24-QPC
P
SAS QUAD-PORT CONNECTIVITY PACK - INCLUDES FOUR
24GB/S SASX4 PORTS PER CONTROLLER FOR CONNECTION
TO ONE OR TWO NST224X SAS-CONNECTED STORAGE
UNITS. INCLUDES LICENSE TO USE.
E602-120/2120TB SYSTEM (2TB DISKS / 7200 RPM), DUAL
CONTROLLER SYSTEMYSTEM
CTR-6GSASPCIE(2) SINGLE 6GB SAS PCIE DUAL PORT ADD-ON CARD
(INCLUDES 2 SAS CABLE 2M, REQUIRES PROFESSIONAL
SERVICES TO UPGRADE IN THE FIELD)
1 $5,370.00 $5,370.00OSE-E53101 Years of Enterprise Support
OSE-E5300-128ENTERPRISE SUPPORT, ANNUAL - TIER 4 LICENSE (64TB -
128TB)
Nexsan Professional Services
1 $4,385.00 $4,385.00IS-PS1FIRST DAY OF PROFESSIONAL SERVICES INCLUDING
TRAVEL AND EXPENSES
$95,846.00 SubTotal
Total $95,846.00
NOTES:
1. Pricing is exclusive of Freight charges and Taxes.
2. Prices reflect standard manufacturers warranty unless otherwise noted.
3. All equipment orders require a Purchase Order. A Purchase Order constitutes acceptance of these terms.
4. All trade in prices are subject to verification and approval by the manufacturer.
5. Services require a signed statement of work. Pricing includes pre-sales design consulting services.
6. Prices are valid for 5 days from the quote date and are subject to the manufacturer's special pricing not changing.
7. Product specs, performance or suitability are per manufacturer's published literature only. No RMA's beyond warranty.
8. Overdue invoice's are subject to $100 late fee and 1.5% interest charged on the outstanding balance. An additional 1.5% will be added to the outstanding
balance on the first of each month past due. Invoices that are 90 days past due are subject to collection fees, late fees, and interest.
9. Extensys, Inc. Invoices on products shipped. The manufacturer and/or distributor may ship partial orders, in these situations customers will receive partial
shipments and agree to pay partial invoices. We recommend partial orders not be opened until you have your entire order and have verified the part numbers
and quantities, opened products can not be returned. In any case products can only be returned if the manufacturer or supplier provides Extensys, Inc. an RMA.
In the unlikely event that equipment is DOA, replacement product will be shipped these items are managed as warranty issues so they are not refunded they are
replaced. Contact us immediately if you receive incorrect parts or quantities.
10.Payment terms unless otherwise noted are Net15.
1PageEXTQ4778-03 1ofThis quote is Proprietary of ExtenSys, Inc. and shall not be shared outside the party for which the quote was prepared without prior
Attachment number 1 \nPage 3 of 4
Item # 2
Quote Date:Mar 21, 2012City of Clearwater
Dan MayerQuote #:EXTQ5011
Team:100 South Myrtle Avenue
Clearwater, FL 33756-5520 Chris Jordan - 813.855.3909 x116
Phone:727-562-4662 Loretta Zisk - 813.855.3909 x144
Fax:
253 Pine Ave. N, Bldg B
Oldsmar, FL 34677
Office: 813-855-3909
Fax: 813-855-3922 Exagrid EX13000 & EX7000 (2nd)
QtyPart NumberDescriptionUnit PriceExt. Price
Exagrid EX13000E
1 $69,900.00 $69,900.00EX-32TB-DBEX13000E - Disk Capacity: Raw: 32 TB, Useable: 26 TB. 13
TB Full Backup.
1 $28,659.00 $28,659.00EX-32TB-3YR-8X5SUPPORT FOR EX7000: 3YR 8X5
$98,559.00 SubTotal
Exagrid EX7000
1 $40,000.00 $40,000.00EX-16TB-DBEX7000 - Disk Capacity: Raw: 16 TB, Useable: 13.0 TB. 6.5
TB Full Backup.
1 $16,400.00 $16,400.00EX-16TB-3YR-8X5SUPPORT FOR EX3000: 3YR 8X5
$56,400.00 SubTotal
$154,959.00 Running SubTotal
-$80,959.00 Less Extensys Savings
Total $74,000.00
NOTES:
1. Pricing is exclusive of Freight charges and Taxes.
2. Prices reflect standard manufacturers warranty unless otherwise noted.
3. All equipment orders require a Purchase Order. A Purchase Order constitutes acceptance of these terms.
4. All trade in prices are subject to verification and approval by the manufacturer.
5. Services require a signed statement of work. Pricing includes pre-sales design consulting services.
6. Prices are valid for 5 days from the quote date and are subject to the manufacturer's special pricing not changing.
7. Product specs, performance or suitability are per manufacturer's published literature only. No RMA's beyond warranty.
8. Overdue invoice's are subject to $100 late fee and 1.5% interest charged on the outstanding balance. An additional 1.5% will be added to the outstanding
balance on the first of each month past due. Invoices that are 90 days past due are subject to collection fees, late fees, and interest.
9. Extensys, Inc. Invoices on products shipped. The manufacturer and/or distributor may ship partial orders, in these situations customers will receive partial
shipments and agree to pay partial invoices. We recommend partial orders not be opened until you have your entire order and have verified the part numbers
and quantities, opened products can not be returned. In any case products can only be returned if the manufacturer or supplier provides Extensys, Inc. an
RMA. In the unlikely event that equipment is DOA, replacement product will be shipped these items are managed as warranty issues so they are not refunded
they are replaced. Contact us immediately if you receive incorrect parts or quantities.
10.Payment terms unless otherwise noted are Net15.
1PageEXTQ5011 1ofThis quote is Proprietary of ExtenSys, Inc. and shall not be shared outside the party for which the quote was prepared without prior permission.
Attachment number 1 \nPage 4 of 4
Item # 2
Work Session
Council Chambers - City Hall
Meeting Date:7/30/2012
SUBJECT / RECOMMENDATION:
Approve funding from the City General Fund Reserves in the amount of $188,291 to undertake fencing and related improvements at the
Main Library to define pedestrian patterns and create a public arts area. (consent)
SUMMARY:
On April 16, 2012, the Library Department presented Council with a request to initiate improvements in the Main
Library front Courtyard, West Terrace and the pump house area. These improvements would include a fence, an art
element, improved landscaping and other elements. The Council requested staff to take another look at the plan and
modify it to enhance the appearance of this signature downtown building.
The new plan includes a new entryway with the fencing in the recommended teal color, creating a much
more welcoming entry. Although the drawing shows the name of the library, which would not be allowed under the
sign ordinance, staff will substitute a literary quote. Staff has provided two choices for the northeast wall of the
library, a planter element and an art element, although the art element shown is just an example, not a specific choice.
The proposal also includes replacing the cement pavement with a paving stone equivalent to what is used in the
Cleveland Street renovations.
Staff is requesting Council direction regarding the revised project, choice between the art wall and the planter element,
and the use of paving stones in the project. This element was strongly suggested by the Library Foundation. The
library advocacy groups have all reviewed and approved the new fence design. The art element is preferred over the
planter because it requires less ongoing maintenance and fits in with the feel of the courtyard staff is trying to create.
If approved, a third quarter budget amendment will establish capital project 315-93529, Main Library Entryway
Improvements, with a transfer of $188,291 from General Fund unappropriated retained earnings. General Fund
reserves are currently $20.8 million, exceeding the reserve policy by approximately $10.6 million.
Type:Capital expenditure
Current Year Budget?:NoBudget Adjustment:Yes
Budget Adjustment Comments:
Money for this project would come from General Reserve funds.
Current Year Cost:$188,291 Annual Operating Cost:0
Not to Exceed:Total Cost:$188.291
For Fiscal Year:2011 to 2012
Appropriation CodeAmountAppropriation Comment
315-93529 $188,291
Review
Approval:
1) Office of Management and Budget 2) Library 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City
Manager 7) City Manager 8) Clerk
Cover Memo
Item # 3
Attachment number 1 \nPage 1 of 1
Item # 3
Attachment number 2 \nPage 1 of 1
Item # 3
Attachment number 3 \nPage 1 of 1
Item # 3
Attachment number 4 \nPage 1 of 1
Item # 3
Attachment number 5 \nPage 1 of 1
Item # 3
Estimate
CLEARWATER PUBLIC LIBRARY
UNIT AREA
N/A
Fencing and HardscapeCLEARWATER, FLORIDAREPORT DATED:
12-Jun-12
BUILDING COMPONENT
UnitUnit
QUANTITYUNITCOSTCOSTTOTAL1
without GC and fee
$22,827.15$22,827
Tenmic Paint
1$10,000.00$10,000
Fence at Main Entrance
$47,297
Fence
232lf$104.00$119.60$27,747
Gates
2ea$3,500.00$4,025.00$8,050
Decorative signage
1allow$10,000.00$11,500.00$11,500
Fence at West of Library
$27,628
Fence
231lf$104.00$119.60$27,628
Gates
0ea$3,500.00$4,025.00$0
Decorative signage
0allow$10,000.00$11,500.00$0
Fence at Liftstation
$14,738
Fence
104lf$104.00$119.60$12,438
Gates
1ea$2,000.00$2,300.00$2,300
Decorative signage
0allow$10,000.00$11,500.00$0
Knee wall at Main Entrance
$11,426
Low wall
96lf$24.50$28.18$2,705
Footing
96lf$7.00$8.05$773
Wall cap
96lf$12.00$13.80$1,325
Cladding both sides
384sf$15.00$17.25$6,624
Patio Stone
$49,674
Patio Stone
$49,674
Patio Stone
3,015sf$13.00$14.95$45,074
Demo exisiting concrete
1ls$4,000.00$4,600.00$4,600
Benches and Pots
$3,393
Benches
4ea$300.00$345.00$1,380
Plant Pots
5ea$350.00$402.50$2,013
Planter
$2,706
Low wall
28lf$24.50$28.18$789
Footing
28lf$7.00$8.05$225
Wall cap
28lf$12.00$13.80$386
Cladding one side
56sf$15.00$17.25$966
Waterproofing inside
118sf$2.50$2.88$339
Landscape and Irrigation
$12,500
Landscaping
1allow$9,000.00$9,000.00$9,000
Irrigation mdifications
1allow$3,500.00$3,500.00$3,500
Bike Rack Slabs by City
1$5,000.00$5,000.00$5,000
Architect/Engineer Fee 5%
$6,350
Subtotal
$171,173
10% Owner's Contingency
$17,117
TOTAL
$188,291
Notes:
1Fence and gates are aluminum with 10 yr warranty - 70% PVDF powder coat (Kynar equivalent)2
Hardscape is priced as City of Clearwater standard
3
Irrigation and Landscape are included as owners allowances
Attachment number 6 \nPage 1 of 1
Item # 3
From: Alexander P. Lamis [mailto:a.lamis@RAMSA.COM]
Sent: Wednesday, July 25, 2012 5:30 PM
To: Pickell, Barbara
Cc: Peter Morris Dixon; Robert Stern; Salvador Pena
Subject: Clearwater Public Library
Dear Ms. Pickell,
I am writing you as a partner of Robert A.M. Stern and the architect in charge of the Clearwater Public
Library project. We were recently sent an article from the Clearwater Patch regarding a gate and fence
proposed to be placed in front of the main entrance of the Library. This was the first we had heard
about this project—which evidently has been under discussion for some time. Further, the article said
that Robert A.M. Stern “has not been consulted because of costs for his services.” This statement is
inaccurate, and I believe it is misleading. We invested a great deal of effort to make the Public Library a
building that would be an object of civic pride for the people of Clearwater, and are disappointed that
we were not given the courtesy of being informed that a major change was being considered at the
front door of the building. From what can be seen in the rendering that was shown in the article, the
proposed fence significantly detracts from the Library design, creating a cage-like appearance for what
was and should be an open and welcoming entrance.
Sincerely,
Alexander Lamis, AIA
Alexander P. Lamis, Partner
Robert A.M. Stern Architects, LLP
460 West 34th Street, New York, New York 10001
212 967 5100 Fax: 212 967 5588
a.lamis@ramsa.com
www.ramsa.com
The information contained in this communication and any enclosures or attachments may be
confidential and/or proprietary. It is intended only for the recipient or recipients named above. If
the reader of this message is not the intended recipient, you are hereby notified that any
dissemination, distribution or copying of this communication or its contents or attachments is
strictly prohibited. If you have received this communication in error, please immediately advise
the sender and delete the original and any copies from your computer system.
Attachment number 7 \nPage 1 of 1
Item # 3
Work Session
Council Chambers - City Hall
Meeting Date:7/30/2012
SUBJECT / RECOMMENDATION:
No Item
SUMMARY:
Review Approval:
Cover Memo
Item # 4
Work Session
Council Chambers - City Hall
Meeting Date:7/30/2012
SUBJECT / RECOMMENDATION:
Award a Contract (purchase order) to Waterfront Engineering Inc., of Tampa, FL., in an amount not to exceed $400,000 to fund City
owned seawall upgrades and/or replacement, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
A Request for Proposals (RFP 30-12) was advertised seeking qualified contractors to upgrade and/or replace city owned seawalls that
are at or nearing the end of their useful life.
Waterfront Engineering Inc., of Tampa Florida, was selected as result of the RFP rating and ranking process. The Engineering
Department has performed visual inspections of all city owned seawalls to develop a schedule of which seawalls to address first. The
attached map shows the first three locations that will be addressed under this contract.
Sufficient budget and revenue is available in Capital Improvement Program project 0315-93412, City-wide Seawall Replacement to
fund this contract.
Type:Capital expenditure
Current Year Budget?:YesBudget Adjustment:No
Budget Adjustment Comments:
See Summary
Current Year Cost:$400,000.00Annual Operating Cost:
Not to Exceed:$400,000.00Total Cost:$400,000.00
For Fiscal Year:2011 to 2012
Appropriation CodeAmountAppropriation Comment
0315-93412-563800-539-
000-0000
$400,000.00See summary
Review
Approval:
1) Engineering 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City
Manager 7) City Manager 8) Clerk
Cover Memo
Item # 5
PDFConvert.17050.1.contract Page 1 of 5 7/12/2012
BOND NUMBER: ____________________
CONTRACT BOND
STATE OF FLORIDA
COUNTY OF ________________
KNOW ALL MEN BY THESE PRESENTS: That we WATERFRONT ENGINEERING INC.
as Contractor and __________________________________________________________________
(Surety) whose home address is _______________________________________________________
HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater,
Florida (hereinafter called the "Owner") in the penal sum of: Four Hundred Thousand
Dollars ($ 400,000.00 )for the payment of which we bind ourselves, our heirs, executors,
administrators, successors, and assigns for the faithful performance of a certain written contract,
dated the day of
, 20___, entered into between the Contractor and the City of Clearwater for:
CITY OWNED SEAWALL CONTRACT
PROJECT # 11-0063-EN
a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully
copied herein.
NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the
Contractor shall in all respects comply with the terms and conditions of said contract, including the
one-year guarantee of material and labor, and his obligations thereunder, including the contract
documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of
Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the
Plans and Specifications therein referred to and made a part thereof, and such alterations as may be
made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless
the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or
skill, negligence or default, including patent infringements on the part of the said Contractor agents
or employees, in the execution or performance of said contract, including errors in the plans
furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make
payments to all persons supplying him, them or it, labor, material, and supplies used directly or
indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of
the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and
Surety jointly and severally agree to pay to the Owner any difference between the sum to which the
said Contractor would be entitled on the completion of the Contract, and that which the Owner may
be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or
indirect, or consequential, which said Owner may sustain on account of such work, or on account of
the failure of the said Contractor to properly and in all things, keep and execute all the provisions of
said contract.
Attachment number 1 \nPage 1 of 5
Item # 5
PDFConvert.17050.1.contract Page 2 of 5 7/12/2012
CONTRACT BOND
(2)
And the said Contractor and Surety hereby further bind themselves, their successors, executors,
administrators, and assigns, jointly and severally, that they will amply and fully protect the said
Owner against, and will pay any and all amounts, damages, costs and judgments which may be
recovered against or which the Owner may be called upon to pay to any person or corporation by
reason of any damages arising from the performance of said work, or of the repair or maintenance
thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or
servants or the improper performance of the said work by the Contractor or his agents or servants, or
the infringements of any patent rights by reason of the use of any material furnished or work done; as
aforesaid, or otherwise.
And the said Contractor and Surety hereby further bind themselves, their successors, heirs,
executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the
Owner may be compelled to pay because of any lien for labor material furnished for the work,
embraced by said Contract.
And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the contract or to the work to be performed thereunder or
the specifications accompanying the same shall in any way affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteration or addition to the terms of
the contract or to the work or to the specifications.
IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this
day of , 20___.
Waterfront Engineering Inc.
CONTRACTOR
By:
ATTEST:
___________________________________
SURETY
WITNESS: By:
ATTORNEY-IN-FACT
___________________________________
COUNTERSIGNED:
Attachment number 1 \nPage 2 of 5
Item # 5
PDFConvert.17050.1.contract Page 3 of 5 7/12/2012
CONTRACT
This CONTRACT made and entered into this ____ day of ____________, 20___ by and between
the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and
Waterfront Engineering Inc., of the City of _____________________ County of
____________________________ and State of Florida, hereinafter designated as the "Contractor".
WITNESSETH:
That the parties to this contract each in consideration of the undertakings, promises and agreements
on the part of the other herein contained, do hereby undertake, promise and agree as follows:
The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the
sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at
their own cost and expense perform all labor, furnish all materials, tools and equipment for the
following:
CITY OWNED SEAWALL CONTRACT
11-0063-EN
in the amount of $400,000.00
In accordance with such proposal and technical supplemental specifications and such other special
provisions and drawings, if any, which will be submitted by the City, together with any
advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto
attached, and any drawings if any, which may be herein referred to, are hereby made a part of this
contract, and all of said work to be performed and completed by the contractor and its successors and
assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City.
If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations
as contained herein within the time specified for completion of the work to be performed by the
Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf
and shall have the right to proceed to complete such work as Contractor is obligated to perform in
accordance with the provisions as contained herein.
THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY
AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE
BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES
ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF
THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES
TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR
DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY
CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE
CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS
OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED
CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES.
Attachment number 1 \nPage 3 of 5
Item # 5
PDFConvert.17050.1.contract Page 4 of 5 7/12/2012
CONTRACT
(2)
In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements:
In connection with the performance of work under this contract, the Contractor agrees not to
discriminate against any employee or applicant for employment because of race, sex, religion, color, or
national origin. The aforesaid provision shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees
or applicants for employment, notices to be provided by the contracting officer setting forth the
provisions of the non-discrimination clause.
The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including
contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for
standard commercial supplies or raw materials.
It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the
event that the work to be performed by the Contractor is not completed within the time stipulated
herein, it is then further agreed that the City may deduct from such sums or compensation as may be
due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the
Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per
day shall only and solely represent damages which the City has sustained by reason of the failure of
the Contractor to complete the work within the time stipulated, it being further agreed that this sum is
not to be construed as a penalty but is only to be construed as liquidated damages for failure of the
Contractor to complete and perform all work within the time period as specified in this contract.
It is further mutually agreed between the City and the Contractor that if, any time after the execution of
this contract and the surety bond which is attached hereto for the faithful performance of the terms and
conditions as contained herein by the Contractor, that the City shall at any time deem the surety or
sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to
be adequate in amount to cover the performance of the work the Contractor shall, at his or its own
expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional
bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the
City. If such an event occurs, no further payment shall be made to the Contractor under the terms and
provisions of this contract until such new or additional security bond guaranteeing the faithful
performance of the work under the terms hereof shall be completed and furnished to the City in a form
satisfactory to it.
Attachment number 1 \nPage 4 of 5
Item # 5
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CONTRACT
(3)
IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and
have executed this Agreement, in duplicate, the day and year first above written.
CITY OF CLEARWATER
IN PINELLAS COUNTY, FLORIDA
By: _______________________________ (Seal)
William B. Horne, II
City Manager Attest:
Countersigned: ________________________
Rosemarie Call
City Clerk
By: _______________________________ Approved as to form:
George N. Cretekos,
Mayor-Councilmember
_______________________
Camilo Soto
Assistant City Attorney
(Contractor must indicate whether Corporation,
Partnership, Company or Individual.)
_______________________
_______________________
(Contractor)
By: (SEAL)
(The person signing shall, in his own
handwriting, sign the Principal's name, his own
name, and his title; where the person is signing
for a Corporation, he must, by Affidavit, show
his authority to bind the Corporation).
Attachment number 1 \nPage 5 of 5
Item # 5
RFP 30-12: CITY OWNED SEAWALL CONTRACT SUBMISSION REVIEW AND RANKING
Company
Project Total
Rogers Street,
Turner Street,
Seminole Boat Ramp Cost Breakdown
Review and Ranking Members
Management
Engineering
Expert
Totals
Castco Construction, Inc.
$281,352.50
Rogers: $21,725.00 Turner: $35,640.00 Seminole: $223,987.50
70 80 60 210
Enterprise Marine Contractors, Inc.
$161,882.60
Rogers: $20,377.50 Turner: $27,635.30 Seminole: $113,869.80
35 69 84 188
Tampa Bay Marine, Inc.
$162,432.60
Rogers: $20,212.50 Turner: $24,035.00 Seminole: $118,185.10
93 83 87 263
Waterfront Engineering, Inc.
$152,807.00
Rogers: $12,980.00 Turner: $22,308.00 Seminole: $117,519.00
95 85 100 280
Attachment number 2 \nPage 1 of 1
Item # 5
ST
HART
ST
PLAZA
ST
NICHOLSON
BLUFF
SR-590
US-
19 ALT.
SPR
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Location Map
²Prepared by:Engineering DepartmentGeogra phic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com DDTMN.T.S.286BXX-XXs-XXe7/10/2012Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale:
City Owned Seawall Contract(Initial Sites)
Map Document: (V:\GIS\_Staff\David\Chesney\AnnualSeawallRepair.mxd)
Turner Street End
Rogers Street End
Seminole Boat Ramp
C
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a
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H
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Item # 5
Work Session
Council Chambers - City Hall
Meeting Date:7/30/2012
SUBJECT / RECOMMENDATION:
Accept a Drainage and Utility Easement granted to the City from Cay 1475, LLC located southwest of the corner of Sunset Point Road
and North Highland Avenue contingent upon Council adoption of Ordinance 8350-12. (consent)
SUMMARY:
Cay 1475, LLC (Property Owner) owns fee title to the property containing the proposed easement (Easement). The
Property Owner has submitted an application to the City for the vacation of a portion of an existing City drainage and
utility easement for the purpose of redeveloping the property. Ordinance 8350-12 has been drafted to accommodate the
vacation and contains a condition requiring the Property Owner to grant the Easement as an alternative corridor to be
available for City use. Council approved the ordinance on first reading on July 19, 2012 and second reading will occur on
August 2, 2012.
City staff has reviewed the proposal and determined that the proposed easement is an adequate substitute for the
easement proposed for vacation. Utilities currently located within the easement area to be vacated will be relocated to the
new easement at the sole cost of the Property Owner.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 6
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DRAINAGE & UTILITYEASEMENT
KI
NG
S
HW
Y
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AN
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JOEL LN
OTTEN ST
SUNSET POINT RD
F
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WILSON RD
SPRING LN
THAMES LN
ERIN LN
BYRAM DR
GREENLEA DR
F
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LN
CAROLYN LN
CA
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AV
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BA
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LN
BENTLEY ST
BA
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BA
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WE
S
TON
D
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KRUSE LN
HEAVEN SENT LN
HIGHLAND CIR
SPRING LN
CARL
OS AVE
LOCATION MAP
Prepared by:Engineering DepartmentGeographi c Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRMN.T.S.261A02-29S-15E7/11/2012Map Gen By:Reviewed By: TMS-T-R:Grid #:Date:Scale:
DRAINAGE & UTILITY EASEMENTSUNSET & HIGHLANDCay 1475, LLC
Attachment number 2 \nPage 1 of 3
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Item # 6
Work Session
Council Chambers - City Hall
Meeting Date:7/30/2012
SUBJECT / RECOMMENDATION:
Approve a Work Order to Engineer of Record Jones Edmunds and Associates, Inc. for Engineering Services for the Northeast Water
Reclamation Facility (WRF) Internal Recycle Pump Station Upgrade (12-0017-UT) in the amount of $118,800.00, and authorize the
appropriate officials to execute same. (consent)
SUMMARY:
The requested $118,800.00 authorization under this Work Order is for professional engineering services for Design, Permitting,and
Bidding of the Northeast WRF Internal Recycle Pump Station Upgrade Project.
The existing Internal Recycle Pump Station consists of five Archimedes screw pumps with 32-MGD capacity each and three
submersible pumps with 14.4-MGD capacity each. The submersible pump station was added in 2001 to supplement the aging screw
pump station. The submersible pump station was designed and built to include the option for future expansion.
The Archimedes screw pump station has reached the end of its useful life; three of the screw pumps are no longer in operation. The
goal of this project is to provide a reliable pumping station that will pump the plant design capacity flows (96 MGD) and meet Class I
reliability as required by our FDEP Operating Permit.
The scope of services includes design to abandon the screw pump station and upgrade the existing submersible pump station by
adding additional submersible pumps in the existing wet well. The design will also include electrical and mechanical upgrades to the
submersible pump station.
The Northeast WRF is located at 3290 State Road 580 Safety Harbor, Florida, and is owned and operated by Public Utilities
Department.
Sufficient funding is available in Capital Improvement Program project 0327-96202, WWTP Screw Pump Replacement, to fund the
work order.
Type:Capital expenditure
Current Year Budget?:YesBudget Adjustment:No
Budget Adjustment Comments:
See summary
Current Year Cost:$118,800.00 Annual Operating Cost:
Not to Exceed:$118,800.00 Total Cost:$118,800.00
For Fiscal Year:2011 to 2012
Appropriation CodeAmountAppropriation Comment
0327-96202-561300-535-
000-0000
$118,800.00 See summary
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
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PUMP STATIONLOCATION
SR 580
M
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B
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RIGSBY LN
RIGSBY
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DIAM OND BLVD
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JADE DR
TOPAZ CT
PEARL PL
HILLCREST DR
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PINEWOOD TER
K
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TIMBERVIEW DR
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GA
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LN
NESTLEBRANCH DR
MEADOWCROSS DR
FOREST LN
LOTUS CIR
TIMBER CIR
JUNPERUS DR
JASMINE CIR
SILVER FOX DR
LOCATION MAP
Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRMN.T.S.201B21-28S-16E07/13/2012Map Gen By:Reviewed By: K_OS-T-R:Grid #:Date:Scale:
Northeast WRF Internal RecyclePump Station Upgrade
Attachment number 2 \nPage 1 of 1
Item # 7
Work Session
Council Chambers - City Hall
Meeting Date:7/30/2012
SUBJECT / RECOMMENDATION:
Approve amendments to the Community Development Code repealing and replacing Article 3, Division 18 Signs in its entirety and
amendments to Article 8, Section 8-102, Definitions relating to signage, and pass Ordinance 8343-12 on first reading.
SUMMARY:
In 2009, the Clearwater Regional and Beach Chambers created a forum to discuss issues and ordinances that affect the two
Chamber groups. The first undertaking of the Clearwater Government Affairs Committee Task Force was to review the
City’s sign ordinance. The Task Force, in concert with representatives of the sign industry, submitted proposed revisions to
the Clearwater sign code in the summer of 2010 and after working with the Planning and Development Department
developed a list of proposed amendments, which were presented to City Council for discussion on April 18, 2011. When the
Mayor’s Business Task Force was established in April 2011, Council requested that signage be a topic of their discussion as
well. Through that process, the Chamber and the Business Task Force came to agreement on recommendations for Council’s
consideration and on December 14, 2011 presented the final list to City Council. Direction was provided at that meeting to
prepare an ordinance that would address the issues of agreement.
Ordinance 8343-12 implements recommendations made by the Business Task Force, the City’s outside legal counsel and the
Planning and Development Department. Below is a summary of the substantive amendments included in the ordinance.
Established two new minimum standard options for determining allowable attached and freestanding signs in the non-
residential districts. New standards increase size of signs allowed;
Added provision permitting an attached sign along each frontage adjacent to a right-of-way (corner lot/through lot) and
a freestanding sign on each frontage of a through lot;
Allowed an additional attached sign on rear façades in certain circumstances;
Created new section allowing a graphic elements on awnings in addition to permitted attached sign;
Added new section permitting sidewalks signs for retail and restaurant uses throughout the city;
Increased amount of allowable window signage;
Increased size of grand opening signs;
Increased timeframe for determining when a nonconforming sign has been abandoned from 30 days to 180 days;
Created new section exempting certain signs from regulation such as traffic signs, regulatory signs, etc.;
Prohibited billboards and electronic changeable message signs with limited exceptions;
Added free expression sign as a permitted temporary sign;
Revised provision for measuring sign height adjacent to elevated roadways. Added similar provision for measuring
sign height when adjacent to a barrier wall along U.S. 19; and
Revised, deleted and added numerous definitions related to signs.
The Community Development Board (CDB) reviewed proposed Ordinance 8343-12 at its July 17, 2012 meeting and
unanimously recommended approval with the following three comments:
Sandwich board signs should be allowed throughout the City as proposed in the ordinance (not as recommended by
staff along the traditional urban corridors);
Council should take note of the Business Task Force’s concerns about the definition of artwork; and
Possibly reconsider revising Section 3-1801, 3-1802 and 3-1803 with regard to the Business Task Force constitutional
concerns.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 8
ORDINANCE NO. 8343-12
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
RELATING TO SIGNS; MAKING FINDINGS; AMENDING SECTION
102 (DEFINITIONS) OF ARTICLE 8 (DEFINITIONS AND RULES OF
CONSTRUCTION) OF THE COMMUNITY DEVELOPMENT CODE;
REPEALING DIVISION 18 (SIGNS) OF ARTICLE 3 (DEVELOPMENT
STANDARDS) OF THE COMMUNITY DEVELOPMENT CODE;
ADOPTING A NEW DIVISION 18 (SIGNS) OF ARTICLE 3
(DEVELOPMENT STANDARDS) OF THE COMMUNITY
DEVELOPMENT CODE; PROVIDING SECTION 1801 (GENERAL
PRINCIPLES); PROVIDING SECTION 1802 (PURPOSE); PROVIDING
SECTION 1803 (EXEMPT SIGNS); PROVIDING SECTION 1804
(PROHIBITED SIGNS); PROVIDING SECTION 1805 (GENERAL
STANDARDS); PROVIDING SECTION 1806 (SIGNS PERMITTED
WITHOUT A PERMIT); PROVIDING SECTION 1807 (PERMITTED
SIGNS REQUIRING DEVELOPMENT REVIEW); PROVIDING
SECTION 1808 (COMPREHENSIVE SIGN PROGRAM); PROVIDING
SECTION 1809 (SEVERABILITY); PROVIDING AN EFFECTIVE DATE.
Initial General Preambles
WHEREAS, the City of Clearwater finds and determines that it is appropriate to update
and revise its Community Development Code relative to signs;
WHEREAS, the City of Clearwater finds and determines that it is appropriate to delete
sections, subsections, paragraphs, subparagraphs, divisions, subdivisions, clauses, sentences,
phrases, words, and provisions of the existing ordinance which are obsolete or superfluous,
and/or which have not been enforced, and/or which are not enforceable, and/or which would be
severable by a court of competent jurisdiction;
WHEREAS, the City of Clearwater finds and determines that it is appropriate to ensure
that the Community Development Code as it relates to signs is in compliance with all
constitutional and other legal requirements;
WHEREAS, the City of Clearwater finds and determines that the purpose and intent
provisions of its signage regulations should be even more detailed than they are now so as to
further describe the beneficial aesthetic and other effects of the City’s sign regulations, and to
reaffirm that the sign regulations are concerned with the secondary effects of speech and are not
designed to censor speech or regulate the viewpoint of the speaker;
WHEREAS, the City of Clearwater finds and determines that its sign regulations have
undergone judicial review in three reported final decisions during the past three decades,
including Don's Porta Signs, Inc. v. City of Clearwater, 829 F.2d 1051 (11th Cir. 1987), cert.
denied, 485 U.S. 981 (1988), Dimmitt v. City of Clearwater, 782 F. Supp. 586 (M.D.Fla. 1991),
affirmed and modified, 985 F.2d 1565 (11th Cir. 1993), and Granite State Outdoor Advertising,
Attachment number 1 \nPage 1 of 68
Item # 8
JAX\1675258_1 -2-
Inc. v. City of Clearwater, Fla. (Granite-Clearwater), 213 F.Supp.2d 1312 (M.D.Fla. 2002),
aff’d in part and rev’d in part on other grounds, 351 F.3d 1112 (11th Cir. 2003), cert. denied,
543 U.S. 813 48 (2004), and has also been the subject of a non-final preliminary decision in The
Complete Angler, L.L.C. v. City of Clearwater, Fla., 607 F.Supp.2d 1326 (M.D.Fla. 2009),
which was settled before a final decision was reached;
WHEREAS, the City of Clearwater finds and determines that the issue of content
neutrality in the First Amendment context has been addressed in Hill v. Colorado, 530 U.S. 703,
719-20 (2000); that the content neutrality of the City’s own sign regulations was extensively
addressed in the published decision of the district court in Granite State-Clearwater, and that the
issue of content-neutrality has been addressed by other decisions, including Solantic v. Neptune
Beach, 410 F.3d 1250 (11th Cir. 2005), Covenant Media of S.C., LLC v. City of N. Charleston,
493 F.3d 421, 432 (4th Cir. 2007), and in H.D.V.-Greektown, LLC v. City of Detroit, 568 F.3d
609, 621-622 (6th Cir. 2009);
WHEREAS, the City of Clearwater finds and determines that the issue of content
neutrality of the sign regulations of another nearby municipality was recently addressed by a state
appellate panel in Shanklin v. State, 2009 WL 6667913 (Fla.Cir.Ct. App. Div.);
WHEREAS, the City of Clearwater recognizes that under current jurisprudence its sign
regulations may be under-inclusive in their reach to serve the City’s interests in aesthetics and
traffic safety, while at the same time balancing the interests protected by the First Amendment
[see, e.g., Members of City Council v. Taxpayers for Vincent, 466 U.S. 789 (1984); Cordes, Sign
Regulation After Ladue: Examining the Evolving Limits of First Amendment Protection, 74
Neb.L.Rev. 36 (1995)], and the City of Clearwater may from time to time modify the sign
regulations herein so as to provide additional limitations to further serve the City’s interests in
aesthetics and/or traffic safety;
WHEREAS, the limitations on the height, size, number, and setback of signs, adopted
herein, is based upon the sign types and sign functions;
WHEREAS, sign types described herein are related in other ways to the functions they
serve and the properties to which they relate (e.g., subdivision entrance signs are allowed at
subdivision entrances, real estate signs are directly related to the property on which they are
posted or, in the case of directional signs, are limited to a certain distance from the property to
which they relate [see Bond, Making Sense of Billboard Law: Justifying Prohibitions and
Exemptions, 88 Mich.L.Rev. 2482 (1980)]);
WHEREAS, limitations on various types of signs by the function they serve are also
related to the zoning districts for the properties on which they are located;
WHEREAS, various signs that serve and function as signage for particular land uses,
such as drive-thru restaurants or for businesses within a tourist district, are allowed some
additional features or have different criteria in recognition of the differing or special functions
served by those land uses, but not based upon any intent to favor any particular viewpoint or
control the subject matter of public discourse;
Attachment number 1 \nPage 2 of 68
Item # 8
JAX\1675258_1 -3-
WHEREAS, the City of Clearwater finds and determines that the sign regulations
adopted hereby still allow adequate alternative means of communications;
WHEREAS, the City of Clearwater finds and determines that the sign regulations
adopted hereby allow and leave open adequate alternative means of communications, such as
newspaper advertising, internet advertising and communications, advertising in shoppers and
pamphlets, advertising in telephone books, advertising on cable television, advertising on UHF
and/or VHF television, advertising on AM and/or FM radio, advertising on satellite radio,
advertising on internet radio, advertising via direct mail, and other avenues of communication
available in the City of Clearwater [see State v. J & J Painting, 167 N.J. Super. 384, 400 A.2d
1204, 1205 (Super. Ct. App. Div. 1979); Board of Trustees of State University of New York v.
Fox, 492 U.S. 469, 477 (1989); Green v. City of Raleigh, 523 F.3d 293, 305-306 (4th Cir. 2007);
Naser Jewelers v. City of Concord, 513 F.3d 27 (1st Cir. 2008); Sullivan v. City of Augusta, 511
F.3d 16, 43-44 (1st Cir. 2007); La Tour v. City of Fayetteville, 442 F.3d 1094, 1097 (8 th Cir.
2006); Reed v. Town of Gilbert, 587 F.3d 866, 980-981 (9th Cir. 2009)];
WHEREAS, the City of Clearwater finds and determines that the amendments to Article
3, Division 18, and to Article 8, as set forth herein, are consistent with all applicable policies of
the City’s adopted Comprehensive Plan;
WHEREAS, the City of Clearwater finds and determines that these amendments are not
in conflict with the public interest;
WHEREAS, the City of Clearwater finds and determines that theses amendments will
not result in incompatible land uses;
Definitions
General
WHEREAS, the City of Clearwater finds and determines that Section 102 (Definitions)
of Article 8 (Definitions and Rules of Construction) should be updated, modified and expanded
to complement revisions to Division 18 (Signs) of Article 3 (Development Standards) of the City
of Clearwater’s Community Development Code;
WHEREAS, the City of Clearwater finds and determines that in Scadron v. City of Des
Plaines, 734 F. Supp. 1437, 1442 (N.D.Ill. 1990) (per Rovner, J.), aff’d, 989 F.2d 502 (Table),
1993 WL 64838 at *2 (7th Cir. 1993) (adopting analysis of district court), the Seventh Circuit
noted that five justices (Brennan, Blackmun, Burger, Stevens and Rehnquist) in Metromedia, Inc.
v. City of San Diego, 453 U.S. 490 (1981), believed that the limited exceptions to an ordinance’s
general prohibition of off-premises advertising were too insubstantial to constitute discrimination
on the basis of content;
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State Outdoor Advertising, Inc. v. City of Clearwater, Fla. (Granite-Clearwater), 213 F.Supp.2d
1312, 1334, n. 6 and 1345-1346 (M.D.Fla. 2002), aff’d in part and rev’d in part on other
Attachment number 1 \nPage 3 of 68
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grounds, 351 F.3d 1112, 1118-1119 (11th Cir. 2003), cert. denied, 543 U.S. 813 48 (2004), held
that Article 3 in general was not content-based, notwithstanding de minimis exceptions such as
holiday decorations [§ 3-1805.D.], garage/yard sale signs [§ 3-1805.H.], and marina slip numbers
[§ 3-1805.T.];
Art work
WHEREAS, the City of Clearwater finds and determines that the definition of “art work”
should be updated (a) to more specifically identify what is artwork, while still providing that
artwork does not include a representation specifically conveying the name of a business or a
commercial message, and (b) to identify objects that are not intended to be covered within the
scope of land development regulations pertaining to signage in the context of Chapter 163 of the
Florida Statutes;
Holiday and seasonal decorations
WHEREAS, the City of Clearwater finds and determines that the definition for “sign,
holiday decoration” should be deleted and replaced with a definition for “decorations, holiday
and seasonal” to identify objects that are not intended to be covered within the scope of land
development regulations pertaining to signage in the context of Chapter 163 of the Florida
Statutes;
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State Outdoor Advertising, Inc. v. City of Clearwater, Fla. (Granite-Clearwater), 213 F.Supp.2d
1312, 1334, n. 6 and 1345-1346 (M.D.Fla. 2002), aff’d in part and rev’d in part on other
grounds, 351 F.3d 1112, 1118-1119 (11th Cir. 2003), cert. denied, 543 U.S. 813 48 (2004), had
noted that Article 3 in general was not content-based, notwithstanding de minimis exceptions
such as holiday decorations [§ 3-1805.D.];
Graphic element
WHEREAS, the City of Clearwater finds and determines that there should be a definition
for “element, graphic” in connection with a sign, especially in conjunction with provisions
pertaining to awnings or lighting;
Sign
WHEREAS, the City of Clearwater finds and determines that the definition of “sign”
should be clarified that it includes a sign visible from a public street or public sidewalk, as well
as a public right-of-way;
WHEREAS, the City of Clearwater finds and determines that objects and devices such as
artwork, holiday or seasonal decorations, cemetery markers, machinery or equipment signs
(inclusive of vending machine signs), and memorial signs or tablets are not within the scope of
what is intended to be regulated through “land development” regulations that pertain to signage
under Chapter 163 of the Florida Statutes;
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WHEREAS, the City of Clearwater finds and determines that the definition of “sign”
should be modified to provide that it does not include objects and devices, such as artwork,
holiday or seasonal decorations, cemetery markers, machinery or equipment signs (inclusive of
vending machine signs), and memorial signs or tablets, inasmuch as the foregoing are not signage
intended to regulated by the land development regulations described in Section 163.3202 of
Chapter 163 of the Florida Statutes;
Acknowledgment sign
WHEREAS, the City of Clearwater finds and determines that the definition of “sign,
adopt a park” should be expanded and clarified to “sign, adopt a park or acknowledgement” that
functions to recognize a sponsoring agency that has installed and maintained landscaping at the
site on city rights-of-way or city-owned property where the landscaping is located or recognizing
grant providers for other amenities;
Cabinet sign
WHEREAS, the City of Clearwater finds and determines that a definition of “sign,
cabinet” should be added to identify this sign type in connection with its reference in the
regulations;
Construction sign
WHEREAS, the City of Clearwater finds and determines that the definition of “sign,
construction” should be revised to identify the function served by this temporary sign type that
distinguishes the same from other temporary signs;
Discontinued sign (in lieu of abandoned sign)
WHEREAS, the City of Clearwater finds and determines that the current definition for
“sign, abandoned” should be changed to “sign, discontinued,” to eliminate any issue that would
require a determination of the intent of the sign owner or sign operator, and to better define what
constitutes a sign that would be considered a prohibited sign because the sign (a) displays
advertising for a product or service which is no longer available or displays advertising for a
business which is no longer licensed (b) is blank, or (c) advertises a business that is no longer
doing business or maintaining a presence on the premises where the sign is displayed, but
provided that the foregoing circumstances for (a), (b) or (c) have continued for a period of at least
one hundred eighty days;
Election sign
WHEREAS, the City of Clearwater finds and determines that the definition of “sign,
election” should be added to identify a temporary sign erected or displayed for the purpose of
expressing support or opposition to a candidate or stating a position regarding an issue upon
which the voters of the City may vote;
Exempt sign
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WHEREAS, the City of Clearwater finds and determines that the definition for “sign,
exempt” is obsolete, and that the definition should be removed and combined with the addition
of Section 1803 (Exempt Signs) to Division 3 (Signs) in Article 3 (Development Standards);
Free expression sign
WHEREAS, the City of Clearwater finds and determines that the definition of “sign, free
expression” should be added to identify a sign that functions to communicate information or
views on matters of public policy or public concern, or containing any other noncommercial
message that is otherwise lawful;
Garage-yard sale sign
WHEREAS, the City of Clearwater finds and determines that the definition of “sign,
garage-yard sale” should be added to identify a lawful temporary sign that functions to
communicate information pertaining to the sale of personal property at or upon any residentially-
zoned property located in the City;
Gasoline price signs
WHEREAS, the City of Clearwater finds and determines that the definition for “sign,
gasoline price display” should be revised to re-emphasize that the same is an on-site sign that
functions exclusively to display the prices of gasoline for sale, and continues to be a content-
neutral sign category consistent with the prior precedent of Hill v. Colorado, 530 U.S. 703, 719-
20 (2000);
Identification sign
WHEREAS, the City of Clearwater finds and determines that the definition for “sign,
identification” should be revised to clarify that it is serves to indicate no more than the name,
address, company logo and occupation or function of an establishment or premises on which the
sign is located;
Machinery or equipment signs
WHEREAS, the City of Clearwater finds and determines that the Model Land
Development Code for Cities and Counties, prepared in 1989 for the Florida Department of
Community Affairs by the UF College of Law’s Center for Governmental Responsibility, et al.,
recommended an exemption for signs incorporated into machinery and equipment by a
manufacturer or distributor, which identify or advertise only the product or service dispensed by
the machine or equipment, such as signs customarily affixed to vending machines, newspaper
racks, telephone booths, and gasoline pumps;
WHEREAS, the City of Clearwater finds and determines that a definition should be
added for “sign, machinery or equipment” to identify objects that are not intended to be covered
within the scope of land development regulations pertaining to signage in the context of Chapter
163 of the Florida Statutes, and that such objects include signs which are integral and incidental
Attachment number 1 \nPage 6 of 68
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to machinery or equipment, and that are incorporated into machinery or equipment by a
manufacturer or distributor to identify or advertise the product or service dispensed by the
machine or equipment, such as signs customarily affixed or incorporated into vending machines,
telephone booths, gasoline pumps, newspaper racks, express mail drop-off boxes, and the like;
Raceway sign
WHEREAS, the City of Clearwater finds and determines that the definition of “sign,
raceway” should be added to identify this sign type in connection with its reference in the
regulations;
Safety sign
WHEREAS, the City of Clearwater finds and determines that in addition to the
definition of “sign, warning,” a definition for “sign, safety” should be added to identify a sign
that functions to provide a warning or caution of a dangerous condition or situation that might
not be readily apparent or that poses a threat of serious injury (e.g., gas line, high voltage,
condemned building, etc.);
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State Outdoor Advertising, Inc. v. City of Clearwater, Fla. (Granite-Clearwater), 213 F.Supp.2d
1312, 1334, n. 6 and 1345-1346 (M.D.Fla. 2002), aff’d in part and rev’d in part on other
grounds, 351 F.3d 1112, 1118-1119 (11th Cir. 2003), cert. denied, 543 U.S. 813 48 (2004), noted
that signs are speech and can only be categorized or differentiated by what they say; that this
makes it impossible to overlook a sign’s content or message in formulating regulations and
making exceptions for those signs that are narrowly tailored to a significant governmental
interest of safety (i.e., warning signs) [see Granite-Clearwater at 1333];
Sidewalk sign
WHEREAS, the City of Clearwater finds and determines that the definition of “sign,
sidewalk,” sometimes referred to as a sandwich board sign, should be added to identify this
unique sign type in connection with the parameters for its use in the land development
regulations;
Snipe sign
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State Outdoor Advertising, Inc. v. City of Clearwater, Fla. (Granite-Clearwater), 213 F.Supp.2d
1312, 1334, n. 6 and 1345-1346 (M.D.Fla. 2002), aff’d in part and rev’d in part on other
grounds, 351 F.3d 1112, 1118-1119 (11th Cir. 2003), cert. denied, 543 U.S. 813 48 (2004),
struck and severed the words “other objects” in the definition of Section 8-102 in order to
remove a conflict between Section 3-1806.B.3 (allowing attached signs) and Section 3-1803.T
(prohibiting snipe signs that would include attached signs to objects other than those listed) [see
Granite-Clearwater at 1335];
Attachment number 1 \nPage 7 of 68
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WHEREAS, the City of Clearwater finds and determines that the text of the definitions
in Section 8-102 [Section 102 of Article 8] should be revised to reflect the removal of the words
“other objects” and to restate the definition of “Sign, snipe” in the Community Development
Code;
Statutory sign
WHEREAS, the City of Clearwater finds and determines that a definition for “statutory
sign” should be added to identify a sign that is lawfully required by any statute or regulation of
the State of Florida or the United States, and to identify such sign types as ones that are exempt
from regulation under the City’s land development regulations;
Temporary yard sign
WHEREAS, the City of Clearwater finds and determines that the definition of “sign,
temporary yard” is obsolete with the addition of a definition for “sign, garage-yard sale” and the
regulation of the latter in the land development regulations;
Traffic control device sign
WHEREAS, the City of Clearwater finds and determines that a definition for “traffic
control device sign” should be added to identify the sign types that are exempt from regulation
under the City’s land development regulations;
WHEREAS, the City of Clearwater finds and determines that a traffic control device
sign, exempt from regulation under the City’s land development regulations for signage, is any
sign located within the right-of-way that functions as a traffic control device and that is described
and identified in the Manual on Uniform Traffic Control Devices (MUTCD) and approved by the
Federal Highway Administrator as the National Standard, and that according to the MUTCD
traffic control device signs include those signs that are classified and defined by their function as
regulatory signs (that give notice of traffic laws or regulations), warning signs (that give notice of
a situation that might not readily be apparent), and guide signs (that show route designations,
directions, distances, services, points of interest, and other geographical, recreational, or cultural
information);
WHEREAS, the City of Clearwater finds and determines that the classification of traffic
control device signs is a logical classification for purposes of establishing an exemption based
upon their unique purpose and function, and that such classification is not impermissibly content-
based under the controlling precedent of Hill v. Colorado, 530 U.S. 703, 719-20 (2000);
Vehicle sign
WHEREAS, the City of Clearwater finds and determines that it is appropriate to
substitute a new definition for vehicle sign that is similar to one suggested in Article VIII (Signs)
of the Model Land Development Code for Cities and Counties, prepared in 1989 for the Florida
Department of Community Affairs by the UF College of Law’s Center for Governmental
Responsibility and by a professional planner with Henigar and Ray Engineering Associates, Inc.,
Attachment number 1 \nPage 8 of 68
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and that is nearly identical to Section 7.05.00(x) of the Land Development Regulations of the
Town of Orange Park, which were upheld against a constitutional challenge in Perkins v. Town
of Orange Park, 2006 WL 5988235 (Fla. Cir. Ct.);
Vending sign
WHEREAS, the City of Clearwater finds and determines that the definition for “sign,
vending” should be deleted and replaced with “sign, machinery and equipment” to clarify the
objects excluded from the definition of “sign” and not intended to be regulated through “land
development” regulations under Chapter 163 of the Florida Statutes;
General Principles
Mission
WHEREAS, the City of Clearwater finds and determines that the city is a resort
community on the west coast of the state with more than five miles of beaches on the Gulf of
Mexico and that this city has an economic base which relies heavily on tourism;
WHEREAS, the City of Clearwater finds and determines that in order to preserve the
city as a desirable community in which to live, vacation and do business, a pleasing, visually-
attractive urban environment is of foremost importance;
WHEREAS, the City of Clearwater finds and determines that the regulation of signs
within the city is a highly contributive means by which to achieve this desired end, and that the
sign regulations in the attached Division 18 are prepared with the intent of enhancing the urban
environment and promoting the continued well-being of the city;
Florida Constitution
WHEREAS, the City of Clearwater finds and determines that Article II, Section 7, of the
Florida Constitution, as adopted in 1968, provides that it shall be the policy of the state to
conserve and protect its scenic beauty;
WHEREAS, the City of Clearwater finds and determines that the regulation of signage
for purposes of aesthetics directly serves the policy articulated in Article II, Section 7, of the
Florida Constitution, by conserving and protecting its scenic beauty;
Aesthetics
WHEREAS, the City of Clearwater finds and determines that the regulation of signage
for purposes of aesthetics has long been recognized as advancing the public welfare;
WHEREAS, the City of Clearwater finds and determines that as far back as 1954 the
United States Supreme Court recognized that “the concept of the public welfare is broad and
inclusive,” that the values it represents are “spiritual as well as physical, aesthetic as well as
monetary,” and that it is within the power of the legislature “to determine that the community
Attachment number 1 \nPage 9 of 68
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JAX\1675258_1 -10-
should be beautiful as well as healthy, spacious as well as clean, well balanced as well as
carefully patrolled” [Justice Douglas in Berman v. Parker, 348 U.S. 26, 33 (1954)];
WHEREAS, the City of Clearwater finds and determines that aesthetics is a valid basis
for zoning, and that the regulation of the size of signs and the prohibition of certain types of signs
can be based upon aesthetic grounds alone as promoting the general welfare [see Merritt v.
Peters, 65 So. 2d 861 (Fla. 1953); Dade Town v. Gould, 99 So. 2d 236 (Fla. 1957); E.B. Elliott
Advertising Co. v. Metropolitan Dade Town, 425 F.2d 1141 (5th Cir. 1970), cert. dismissed, 400
U.S. 878 (1970)];
WHEREAS, the City of Clearwater finds and determines that the enhancement of the
visual environment is critical to a community’s image and its continued presence as a tourist
destination;
WHEREAS, the City of Clearwater finds and determines that the sign control principles
set forth herein create a sense of character and ambiance that distinguishes the city as one with a
commitment to maintaining and improving an attractive environment;.
WHEREAS, the City of Clearwater finds and determines that the attractiveness of the
City has been substantially enhanced as a result of more restrictive sign regulations (see
Enhancing The Visual Environment Through Sign Regulations, Volume One, at page 27,
Engelhardt, Hammer & Associates, Inc. (2002));
WHEREAS, the City of Clearwater finds and determines that the enhancement of the
visual environment is critical to a community’s image and its continued presence as a tourist
destination (see Enhancing The Visual Environment Through Sign Regulations, Volume One, at
page 26, Engelhardt, Hammer & Associates, Inc. (2002));
WHEREAS, the City of Clearwater finds and determines that the positive effect of sign
regulations on the City’s visual character has been demonstrated in photographic comparison of a
City streetscape in 1988 and 2002, underscoring the importance of regulating both the size and
number of signs to reduce visual clutter (see Enhancing The Visual Environment Through Sign
Regulations, Volume One, at pages 24 and 27, Engelhardt, Hammer & Associates, Inc. (2002));
WHEREAS, the City of Clearwater finds and determines that the beauty of Clearwater’s
natural and built environment has provided the foundation for the economic base of the City’s
development, and that the City’s sign regulations not only help create an attractive residential
community for its residents, but also bolster Clearwater’s image as an international tourist
destination (see Enhancing The Visual Environment Through Sign Regulations, Volume One, at
page 3, Engelhardt, Hammer & Associates, Inc. (2002));
WHEREAS, the City of Clearwater finds and determines that the goals, objectives and
policies from planning documents developed over the years, including but not limited to the
Clearwater Downtown Development Plan, the Guidelines for the Urban Center District, Beach by
Design, and The Downtown Peripheral Plan, have all demonstrated a strong, long-term
commitment to maintaining and improving the City’s attractive and visual environment (see
Attachment number 1 \nPage 10 of 68
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JAX\1675258_1 -11-
Enhancing The Visual Environment Through Sign Regulations, Volume One, at page 13,
Engelhardt, Hammer & Associates, Inc. (2002));
WHEREAS, the City of Clearwater finds and determines that, from a planning
perspective, one of the most important community goals is to define and protect aesthetic
resources and community character (see Enhancing The Visual Environment Through Sign
Regulations, Volume One, at page 14, Engelhardt, Hammer & Associates, Inc. (2002));
WHEREAS, the City of Clearwater finds and determines that, from a planning
perspective, sign regulations are especially important to counties with a tourist-based economy,
and that sign control can create a sense of character and ambiance that distinguishes one
community from another (see Enhancing The Visual Environment Through Sign Regulations,
Volume One, at page 14, Engelhardt, Hammer & Associates, Inc. (2002));
WHEREAS, the City of Clearwater finds and determines that preserving and reinforcing
the uniqueness of a tourist community like Clearwater attracts tourists and, more importantly,
establishes a permanent residential and commercial base to ensure the future viability of the
community (see Enhancing The Visual Environment Through Sign Regulations, Volume One, at
page 15, Engelhardt, Hammer & Associates, Inc. (2002));
WHEREAS, the City of Clearwater finds and determines that the City of Clearwater has
regulated signs based upon function and not content (see Enhancing The Visual Environment
Through Sign Regulations, Volume One, at page 15, Engelhardt, Hammer & Associates, Inc.
(2002));
WHEREAS, the City of Clearwater finds and determines that the City has continued the
attention to aesthetic considerations and many of the considerations mentioned above through the
Clearwater Downtown Redevelopment Plan, requiring design guidelines for the entire downtown
plan area;
Purposes
WHEREAS, the City of Clearwater finds and determines that the purpose of the
regulation of signs as set forth in the attached Division 18 is to promote the public health, safety
and general welfare through a comprehensive system of reasonable, consistent and
nondiscriminatory sign standards and requirements;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to enable the identification of places of residence and business;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to allow for the communication of information necessary for the
conduct of commerce;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to lessen hazardous situations, confusion and visual clutter caused by
Attachment number 1 \nPage 11 of 68
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proliferation, improper placement, illumination, animation and excessive height, area and bulk of
signs which compete for the attention of pedestrian and vehicular traffic;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to enhance the attractiveness and economic well-being of the city as a
place to live, vacation and conduct business;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to protect the public from the dangers of unsafe signs;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to permit signs that are compatible with their surroundings and aid
orientation, and to preclude placement of signs in a manner that conceals or obstructs adjacent
land uses or signs;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to encourage signs that are appropriate to the zoning district in which
they are located and consistent with the category of use to which they pertain;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to curtail the size and number of signs and sign messages to the
minimum reasonably necessary to identify a residential or business location and the nature of any
such business;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to establish sign size in relationship to the scale of the lot and building
on which the sign is to be placed or to which it pertains;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to preclude signs from conflicting with the principal permitted use of
the site or adjoining sites;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to regulate signs in a manner so as to not interfere with, obstruct vision
of or distract motorists, bicyclists or pedestrians;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to require signs to be constructed, installed and maintained in a safe and
satisfactory manner;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 are intended to preserve and enhance the natural and scenic characteristics of this
waterfront resort community;
WHEREAS, the City of Clearwater finds and determines that the sign regulations in
Division 18 have been the subject of extensive study by urban planners, culminating in a study
entitled Enhancing the Visual Environment Through Sign Regulations, (Two Volumes) prepared
Attachment number 1 \nPage 12 of 68
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for the City of Clearwater, Florida by Engelhardt, Hammer & Associates, Inc., Urban Planners,
dated April 10, 2002, which addressed planning for the community vision, the rationale for
regulating signs, prohibited signs such as bench signs and changeable signs, the general
effectiveness of the City’s sign regulations in protecting the visual character of the City of
Clearwater, and photographs documenting the enhancement and preservation of the City’s
character over a span of 14 years along Gulf-to-Bay Boulevard;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision found that most provisions of Article 3 of the Community
Development Code, alleged to be content-based, were not content-based [see Granite-Clearwater
at 1327];
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that § 3-1802 of Clearwater’s Code identified substantial and
carefully enumerated government interests, and that the City’s time, place and manner
regulations (with appropriate parts severed) were reasonable and narrowly tailored to advance
those interests [see Granite-Clearwater at 1340];
WHEREAS, the City of Clearwater finds and determines that the regulation of signage
was originally mandated by Florida’s Local Government Comprehensive Planning and Land
Development Regulation Act in 1985 (see Chapter 85-55, §14, Laws of Florida), and this
requirement continues to apply to the City of Clearwater through Section 163.3202(2)(f), Florida
Statutes;
WHEREAS, the City of Clearwater finds and determines that in the 1980’s model
provisions for the regulation of signage by cities and counties in Florida were initially developed
within Article VIII (Signs) of the Model Land Development Code for Cities and Counties,
prepared in 1989 for the Florida Department of Community Affairs by the UF College of Law’s
Center for Governmental Responsibility and by a professional planner with Henigar and Ray
Engineering Associates, Inc.;
WHEREAS, the City of Clearwater finds and determines that the City of Clearwater has
adopted a land development code, known as the Community Development Code, in order to
implement its comprehensive plan, and to comply with the minimum requirements in the State of
Florida’s Growth Management Act, at Section 163.3202, Florida Statutes, including the
regulation of signage and future land use;
WHEREAS, the City of Clearwater finds and determines that the Community
Development Code is required to regulate signage;
WHEREAS, the City of Clearwater finds and determines that the Community
Development Code and its signage regulations were and are intended to maintain and improve
the quality of life for all citizens of the City;
Exempt Signs - By Sign Type
Attachment number 1 \nPage 13 of 68
Item # 8
JAX\1675258_1 -14-
WHEREAS, the City of Clearwater finds and determines that land development
regulations for signage are not intended to reach certain signs, including (1) a sign, other than a
window sign, located entirely inside the premises of a building or enclosed space, (2) a sign on a
car other than a prohibited vehicle sign or signs, (3) a statutory sign, (4) a traffic control device
sign, and (5) any sign not visible from a public street, sidewalk or right-of-way or from a
navigable waterway or body of water; except a sign for a commercial use that is visible from an
abutting residential use;
WHEREAS, the City of Clearwater finds and determines that a new Section should be
added to Division 18 so as to identify such exempt signs;
WHEREAS, the City of Clearwater finds and determines that the exemption for a sign
(other than a window sign) located entirely inside the premises of a building is not based upon
the content of the message of any such sign, and is based upon practical consideration of not
overreaching in the regulation of signage, absent a substantial reason to extend sign regulations
to reach the visibility of signage located inside a building, other than a window sign that is
oriented to be viewed by pedestrian or vehicular traffic outside the building;
WHEREAS, the City of Clearwater finds and determines that the exemption for a sign
on a car, other than a prohibited vehicle sign or signs, is not based upon the content of the
message of any such sign, and further finds and determines that the prohibition of vehicle sign or
signs is based upon time, place and manner considerations;
WHEREAS, the City of Clearwater finds and determines that the exemption for a sign
that is required by any lawful statute or regulation of the State of Florida or the United States
(known as a statutory sign) is not a sign categorized by any impermissible content-based
distinction;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility’s 1989 Model Code for local governments at Section 10.01.00.D
recommended an exemption for legal notices and official instruments, which exemption would
be consistent with an exemption for “statutory signs” as proposed hereby;
WHEREAS, the City of Clearwater finds and determines that a “traffic control device
sign” is a sign located within the right-of-way that functions as a traffic control device and that is
described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) and
approved by the Federal Highway Administrator as the National Standard;
WHEREAS, the City of Clearwater finds and determines that traffic control device signs
are those signs that are classified and defined by their function as regulatory signs (that give
notice of traffic laws or regulations), warning signs (that give notice of a situation that might not
readily be apparent), and guide signs (that show route designations, directions, distances,
services, points of interest, and other geographical, recreational, or cultural information);
WHEREAS, the City of Clearwater finds and determines that a traffic control device
sign should be exempt from the City of Clearwater’s land use regulations as set forth in Division
Attachment number 1 \nPage 14 of 68
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JAX\1675258_1 -15-
18, and further finds that such exemption is not based upon an impermissible content-based
distinction;
WHEREAS, the City of Clearwater finds and determines that any sign that is not visible
from a public street, sidewalk or right-of-way, or from a navigable waterway or body of water,
should be exempt from the City’s sign regulations within Division 18, except for a sign for a
commercial use that is visible from an abutting residential use;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility’s 1989 Model Code for local governments at Section 10.01.00.A
recommended an exemption for signs that are not designed or located so as to be visible from any
street or adjoining property;
Prohibited Signs
Prohibited Signs by Sign Type
WHEREAS, the City of Clearwater finds and determines that in meeting the purposes
and goals established in these preambles, it is appropriate to prohibit and/or to continue to
prohibit certain sign types, with limited exceptions that are based upon function or use in contrast
to the content of the message displayed;
Prohibited Signs - In General
WHEREAS, the City of Clearwater finds and determines that consistent with the
foregoing preamble, it is appropriate to prohibit and/or to continue to generally prohibit the
following sign types, except as otherwise provided in the Community Development Code:
balloons, cold air inflatables, streamers and pennants; bench signs; billboards; electronic
changeable message signs; menu signs that change more rapidly than once every three hours;
pavement markings; portable signs; roof or above-roof signs; sidewalk signs; signs attached to or
painted on piers or seawalls; signs in or upon any body of water; signs located on publicly-owned
land or easements or inside street rights-of-way; signs that emit sound, vapor, smoke, odor,
particles, or gaseous matter; signs that have unshielded illuminating devices or which reflect
lighting onto public rights-of-way thereby creating a potential traffic or pedestrian hazard; signs
that move, revolve, twirl, rotate, flash, scintillate, blink, flutter, or appear to display motion in
any way whatsoever, including animated signs, multi-prism signs, floodlights and beacon lights;
signs that obstruct, conceal, hide, or otherwise obscure from view any traffic control device sign
or official traffic signal; signs that present a potential traffic or pedestrian hazard, including signs
which obstruct visibility; signs attached to or placed on any tree or other vegetation; signs
carried, waved, or otherwise displayed on public rights-of-way or visible from public-rights-of
way that are intended to draw attention for a commercial purpose; snipe signs; three-dimensional
objects that are used as signs; vehicle signs and portable trailer signs; and any permanent sign
that is not specifically described or enumerated as permitted within the specific zoning district
classifications in the City’s Community Development Code;
Balloons, Cold Air Inflatables, Streamers, Pennants - Prohibited
Attachment number 1 \nPage 15 of 68
Item # 8
JAX\1675258_1 -16-
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility’s 1989 Model Code contained a proposed land development
regulation that would prohibit balloons, streamers, pennants, and other wind-activated sign types,
at Section 10.02.02.H., specifically prohibiting “Signs, commonly referred to as wind signs,
consisting of one or more banners, flags, pennants, ribbons, spinners, streamers or captive
balloons, or other objects or material fastened in such a manner as to move upon being subjected
to pressure by wind,” as a prohibition that would further governmental purposes of aesthetics and
otherwise;
WHEREAS, the City of Clearwater finds and determines that cold air inflatable signs
were identified among the examples of prohibited sign types identified in the study, Enhancing
the Visual Environment Through Sign Regulations, Volume One, at Section 3, Engelhardt,
Hammer & Associates, Inc. (2002), and that the prohibition of the same was supported by the
purposes set forth in the City of Clearwater’s sign regulations;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg’s
sign code that contained a similar prohibition on cold air inflatables, banners and pennants (St.
Petersburg’s Code at § 16-671(5), prohibiting “pennants, streamers, cold air inflatables, and
banners, except for special occasions for a limited time and frequency as permitted in sections
16-712(1)h. and 16-713”), and a similar prohibition on inflatable devices that are tethered and do
not touch the ground (St. Petersburg’s Code at § 16-671(6)), were determined to be content-
neutral and not content-based in Granite State Outdoor Advertising, Inc. v. City of St.
Petersburg, Fla., 2002 WL 34558956 (M.D.Fla. 2002), aff’d in part and rev’d in part, 348 F.3d
1278, 1281-1282 (11th Cir. 2003), cert. denied, 541 U.S. 1086 (2004), where a de novo appellate
review confirmed that the ordinance was content-neutral based in large part upon the
government’s interest in regulating speech and the St. Petersburg’s Code that stated at § 16-
667(b)(2) that its enactment was to promote uniformity, preserve aesthetics and foster safety and
that relied upon the precedent of Ward v. Rock Against Racism, 491 U.S. 781, 791 (1989);
WHEREAS, the City of Clearwater finds and determines that it is appropriate to prohibit
balloons, cold air inflatables, streamers and pennants, with limited exceptions for their use on
public property under the limited circumstances set forth in the current Code at Section 3-
1805.V. [to be amended and renumbered to Section 3-1806.R.], because such wind-activated
devices utilized as signs to draw attention from passing motorists are generally distracting in
nature, serve to degrade community aesthetics, and are inconsistent with the general principles
and purposes of Division 18;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision addressed current Section 3-1803.B.’s prohibition on “[b]alloons,
cold air inflatable, streamers, and pennants, except where allowed as governmental and public
purpose signs for special events of limited time and frequency, as approved by the city manager
or the city commission,” and the court struck Section 3-1803.B. upon determining that the
distinction between “governmental and public purpose signs” and “non-governmental and non-
public purpose signs” for such special events lacked the necessary reasonable fit as it relates to
furthering the governmental interests in aesthetics and traffic safety, especially insofar as the
Attachment number 1 \nPage 16 of 68
Item # 8
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prohibition’s exception did not state that it was only limited to “public property” [see Granite-
Clearwater at 1335];
WHEREAS, the City of Clearwater finds and determines that it is appropriate to address
the concerns expressed by the district court in the Granite-Clearwater decision and to adopt a
modified version of the former Section 3-1803.B. [to be renumbered as Section 3-1804.A.] and
expressly limiting the exception to the limited circumstances when balloons, cold air inflatables,
streamers and pennants are located on public property subject to criteria set forth in the Code,
and to similarly modify the provisions of the current Section 3-1805.V. [to be renumbered
Section 3-1806.R.] by clarifying that the exception for balloons, cold air inflatable, streamers,
and pennants is limited to when their use is on “public property” [see Granite-Clearwater at
1335; see also Pleasant Grove City, Utah v. Summum, 555 U.S. 460, 467, 129 S.Ct. 1125, 1131
(2009) (the First Amendment’s Free Speech Clause does not extend to government speech)], and
by setting forth in these preambles the rationale for the adoption of the prohibition and limited
exceptions, as clarified;
Bench Signs - Prohibited
(Other than Identification of Transit Company or Route Schedule)
WHEREAS, the City of Clearwater finds and determines that it is appropriate to prohibit
bench signs because the same visually degrade the community character and are inconsistent with
the general principles and purposes of Division 18;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility’s 1989 Model Code contained a proposed prohibition on bench
signs, at 10.02. T. (“Signs placed upon benches, bus shelters or waste receptacles, except as may
be authorized in writing [pursuant to a state statute])”;
WHEREAS, the City of Clearwater finds and determines that bench signs were identified
among the examples of prohibited sign types identified in the study, Enhancing the Visual
Environment Through Sign Regulations, Volume One, at Section 3, Engelhardt, Hammer &
Associates, Inc. (2002), and that this prohibition supports the purposes of the City of
Clearwater’s sign regulations;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg’s
sign code that contained a similar prohibition on bus shelter signs and bench signs (St.
Petersburg’s Code at § 16-671(2), prohibiting “bus shelter signs and bench signs except when
approved by a local government, pursuant to F.S. § 337.407(2)(a)” but not prohibiting “the
identification of the transit company or its route schedule”) was determined to be content-neutral
and not content-based in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla.,
2002 WL 34558956 (M.D.Fla. 2002), aff’d in part and rev’d in part, 348 F.3d 1278, 1281-1282
(11th Cir. 2003), cert. denied, 541 U.S. 1086 (2004), where a de novo appellate review
confirmed that the ordinance was content-neutral based in large part upon the government’s
interest in regulating speech and the St. Petersburg’s Code at § 16-667(b)(2) that stated that its
enactment was to promote uniformity, preserve aesthetics and foster safety and that relied upon
the precedent of Ward v. Rock Against Racism, 491 U.S. 781, 791 (1989);
Attachment number 1 \nPage 17 of 68
Item # 8
JAX\1675258_1 -18-
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that Article 3 in general was not content-based [see Granite-
Clearwater at 1334], and this would be inclusive of the prohibition on bench signs, other than the
signage necessarily associated with the identification of the transit company and the route
schedule, which functions to identify the benches and the related transit routes;
Billboards - Prohibited
WHEREAS, the City of Clearwater finds and determines that billboards detract from the
natural and manmade beauty of the City;
WHEREAS, the City of Clearwater agrees with the American Society of Landscape
Architects’ determination that billboards tend to deface nearby scenery, whether natural or built,
rural or urban;
WHEREAS, states such as Vermont, Alaska, Maine, and Hawaii have prohibited the
construction of billboards in their states and are now billboard-free in an effort to promote
aesthetics and scenic beauty;
WHEREAS, the City of Clearwater finds and determines that the prohibition of the
construction of billboards and certain other sign types, as well as the establishment and
continuation of height, size and other standards for on-premise signs, is consistent with the policy
set forth in the Florida Constitution that it shall be the policy of the state to conserve and protect
its scenic beauty;
WHEREAS, the City of Clearwater agrees with the courts that have recognized that
outdoor advertising signs tend to interrupt what would otherwise be the natural landscape as seen
from the highway, whether the view is untouched or ravished by man, and that it would be
unreasonable and illogical to conclude that an area is too unattractive to justify aesthetic
improvement [see E. B. Elliott Adv. Co. v. Metropolitan Dade Town, 425 F.2d 1141 (5th Cir.
1970), cert. dismissed, 400 U.S. 878 (1970); John Donnelly & Sons, Inc. v. Outdoor Advertising
Bd., 339 N.E.2d 709, 720 (Mass. 1975)];
WHEREAS, the City of Clearwater finds that local governments may separately classify
off-site and on-site advertising signs in taking steps to minimize visual pollution [see City of
Lake Wales v. Lamar Advertising Association of Lakeland Florida, 414 So.2d 1030, 1032 (Fla.
1982)];
WHEREAS, the City of Clearwater finds that billboards attract the attention of drivers
passing by the billboards, thereby adversely affecting traffic safety and constituting a public
nuisance and a noxious use of the land on which the billboards are erected;
WHEREAS, the City of Clearwater recognizes that billboards are a form of
advertisement designed to be seen without the exercise of choice or volition on the part of the
observer, unlike other forms of advertising that are ordinarily seen as a matter of choice on the
Attachment number 1 \nPage 18 of 68
Item # 8
JAX\1675258_1 -19-
part of the observer [see Packer v. Utah, 285 U.S. 105 (1932); and General Outdoor Advertising
Co. v. Department of Public Works, 289 Mass. 149, 193 N.E. 799 (1935)];
WHEREAS, the City of Clearwater acknowledges that the United States Supreme Court
and many federal courts have accepted legislative judgments and determinations that the
prohibition of billboards promotes traffic safety and the aesthetics of the surrounding area. [see
Metromedia, Inc. v. City of San Diego, 453 U.S. 490, 509-510 (1981); National Advertising Co.
v. City & Town of Denver, 912 F.2d 505, 409 (10th Cir. 1990), and Outdoor Systems, Inc. v. City
of Lenexa, 67 F. Supp. 1231, 1239 (D. Kan. 1999)];
WHEREAS, the City of Clearwater recognizes that on-site business signs are considered
to be part of the business itself, as distinguished from off-site outdoor advertising signs, and finds
and determines that it is well-recognized that the unique nature of outdoor advertising and the
nuisances fostered by billboard signs justify the separate classification of such structures for the
purposes of governmental regulation and restrictions [see E. B. Elliott Adv. Co. v. Metropolitan
Dade Town, 425 F.2d 1141, 1153 (5th Cir. 1970), cert. denied, 400 U.S. 878, 91 S.C. 12, 27 L.
Ed. 2d 35 (1970), quoting United Advertising Corp. v. Borough of Raritan, 93 A.2d 362, 365
(1952)];
WHEREAS, the City of Clearwater finds and determines that a prohibition on the
erection of off-site outdoor advertising signs will reduce the number of driver distractions and the
number of aesthetic eyesores along the roadways and highways of the Town [see, e.g., E. B.
Elliott Adv. Co. v. Metropolitan Dade Town, 425 F.2d 1141, 1154 (5th Cir. 1970), cert. denied,
400 U.S. 878 (1970)];
WHEREAS, the City of Clearwater finds and determines that billboard signs are public
nuisances given their adverse impact on both traffic safety and aesthetics;
WHEREAS, the City of Clearwater finds and determines that billboards are a traffic
hazard and impair the beauty of the surrounding area, and the prohibition of the construction of
billboards will reduce these harms [see Outdoor Systems, Inc. v. City of Lenexa, 67 F.Supp.2d
1231, 1239 (D. Kan. 1999)];
WHEREAS, the City of Clearwater finds and determines that the presence of billboards
along the federal interstate and the federal-aid primary highway systems has prevented public
property in other jurisdictions from being used for beautification purposes due to view zones
established by state administrative rule;
WHEREAS, Scenic America, Inc. recommends improvements in the scenic character of
a community’s landscape and appearance by prohibiting the construction of billboards, and by
setting height, size and other standards for on-premise signs [see Scenic America’s Seven
Principles for Scenic Conservation, Principle #5];
WHEREAS, more than two hundred Florida communities have adopted ordinances
prohibiting the construction of billboards in their communities in order to achieve aesthetic,
beautification, traffic safety, and/or other related goals;
Attachment number 1 \nPage 19 of 68
Item # 8
JAX\1675258_1 -20-
WHEREAS, the City of Clearwater finds and determines that in order to preserve,
protect and promote the safety and general welfare of the residents of the City, it is necessary to
regulate off-site advertising signs, commonly known as billboard signs or billboards, so as to
prohibit the construction of billboards in all zoning districts, and to provide that the foregoing
provisions shall be severable;
WHEREAS, the City of Clearwater finds and determines that the prohibition of
billboards as set forth herein will improve the beauty of the City, foster overall improvement to
the aesthetic and visual appearance of the City, preserve and open up areas for beautification on
public property adjoining the public roadways, increase the visibility, readability and/or
effectiveness of on-site signs by reducing and/or diminishing the visual clutter of off-site signs,
enhance the City as an attractive place to live and/or work, reduce blighting influences, and
improve traffic safety by reducing driver distractions;
WHEREAS, the City of Clearwater wishes to assure that new billboards are effectively
prohibited as a sign-type within the City;
WHEREAS, the City of Clearwater hereby finds and determines that anything beside the
road which tends to distract the driver of a motor vehicle directly affects traffic safety, and that
signs, which divert the attention of the driver and occupants of motor vehicles from the highway
to objects away from it, may reasonably be found to increase the danger of accidents, and agrees
with the courts that have reached the same determination [see In re Opinion of the Justices, 103
N.H. 268, 169 A.2d 762 (1961); Newman Signs, Inc. v. Hjelle, 268 N.W.2d 741 (N.D.1978)];
Discontinued Signs - Prohibited
WHEREAS, the City of Clearwater finds and determines that it is appropriate to prohibit
discontinued signs and/or sign structures because the same visually degrade the community
character and are inconsistent with the general principles and purposes of Division 18;
WHEREAS, the City of Clearwater finds and determines that under state law, which may
be more permissive than local law, a nonconforming sign is deemed “discontinued” when it is
not operated and maintained for a period of twelve months, and the following conditions under
Chapter 14-10, Florida Administrative Code, shall be considered failure to operate and maintain
the sign so as to render it a discontinued sign: (1) signs displaying only an “available for lease” or
similar message; (2) signs displaying advertising for a product or service which is no longer
available; or (3) signs which are blank or do not identify a particular product, service, or facility;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (such as abandoned signs), and that Article 3 in general was not content-based [see
Granite-Clearwater at 1334];
Electronic changeable Message Signs - Prohibited
Attachment number 1 \nPage 20 of 68
Item # 8
JAX\1675258_1 -21-
[Except 3-1806(B)(5), Menu Signs and Legal Nonconforming Message Signs (general
messages signs that change no more frequently than every six hours and existing
time/temperature signs that do not change more than once per minute)]
WHEREAS, the City of Clearwater finds and determines that it is appropriate to prohibit
electronic changeable message signs, with limited exceptions for menus display signs, legally
nonconforming message signs consisting of (a) general message signs that change no more
frequently than once every six hours, and (b) time/temperature signs that change no more
frequently than once every minute, because such devices are distracting in nature and serve to
degrade community aesthetics and are inconsistent with the general principles and purposes of
Division 18;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility’s 1989 Model Code contained a proposed prohibition on signs with
lights or illumination that flash, move, rotate, scintillate, blink, flicker or vary in intensity or
color except for time-temperature-date signs, at 10.02.02.F. (“Signs with lights or illumination
that flash, move, rotate, scintillate, blink, flicker, or vary in intensity or color except for time-
temperature-date signs)”;
WHEREAS, the City of Clearwater finds and determines that changeable message signs
were identified among the examples of prohibited sign types identified in the study, Enhancing
the Visual Environment Through Sign Regulations, Volume One, at Section 3, Engelhardt,
Hammer & Associates, Inc. (2002), and that such prohibition supports the purposes of the City of
Clearwater’s sign regulations;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility’s 1989 Model Code contained a proposed limited exception from
the general prohibition on changing signs for time and temperature signs, but only as permanent
accessory signs on commercial parcels and subject to other criteria, at 10.04.04 of the Model
Code;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision addressed Section 3-1804.F., General Standards, wherein the City
specifically regulated the placement, size and location of time and temperature signs [see
Granite-Clearwater at 1336];
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision rejected the contention that Section 3-1804.F. was an impermissible
content-based exception rendering the ordinance unconstitutional, and the court observed that
this sign category (time and temperature signs) and its regulations were also a good example of
how the ordinance was content-neutral [see Granite-Clearwater at 1336];
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision concluded that the category was content-neutral inasmuch as the
provision was not an attempt to censor speech or enforce regulations based on viewpoint; and the
court determined that inasmuch as a time and temperature sign has no viewpoint and merely
Attachment number 1 \nPage 21 of 68
Item # 8
JAX\1675258_1 -22-
relates factual information, the provision was not an attempt to censor speech or limit the free
expression of ideas-especially in light of the City of Clearwater’s specific prohibition in Section
3-1804.H. on placing any limitation on a sign based on the content of the message [see Granite-
Clearwater at 1336];
WHEREAS, the City of Clearwater finds and determines that City of St. Petersburg’s
sign code contained provisions that allowed for “time and temperature signs” not to exceed 20
square feet within certain land uses [see St. Petersburg’s Code at §§ 16-709(1)a.5., 16-709(1)b.3.,
16-710(1)a.5., 16-710(1)b.3., 16-712(1)e., and 16-712(2)c.] and that these six provisions were
among more than fifty different provisions that were challenged by Granite State in Granite State
Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL 34558956, *12, n.23
(M.D.Fla. 2002), aff’d in part and rev’d in part, 348 F.3d 1278, 1281-1282 (11th Cir. 2003),
cert. denied, 541 U.S. 1086 (2004) [see also Granite State Outdoor Advertising, Inc. v. City of St.
Petersburg, Fla., Case No. 8:01-cv02250-JSM (M.D.Fla.), Doc. 1, Exh. A and Doc. 54, p. 11, n.
6];
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State v. St. Petersburg, determined that the foregoing provisions pertaining to “time and
temperature signs” did not render the ordinance unconstitutional per se (id. at *12, n. 23);
WHEREAS, the City of Clearwater finds and determines that the Eleventh Circuit, upon
a de novo appellate review, confirmed that the ordinance was content-neutral based in large part
upon the fact that the government’s stated interest in regulating speech (see St. Petersburg’s Code
at Section 16-667(b)(2)) was to promote uniformity, preserve aesthetics and foster safety, and
based upon the fact that the government’s objective in regulating speech was the controlling
consideration under the governing precedent of Ward v. Rock Against Racism, 491 U.S. 781, 791
(1989);
WHEREAS, the City of Clearwater finds and determines that changeable message signs
were identified among the examples of prohibited sign types identified in the study, Enhancing
the Visual Environment Through Sign Regulations, Volume One, at Section 3, Engelhardt,
Hammer & Associates, Inc. (2002), and that such prohibition supports the purposes of the City of
Clearwater’s sign regulations;
WHEREAS, the City of Clearwater finds and determines that in the future there is no
longer a need for time and temperature signs due to the expansion of electronic devices and
instruments that display time and temperature, and that it would serve the stated interests of the
Clearwater Development Code to prohibit proliferation of distracting and incongruous changing
message signs by eliminating the exception for time and temperature signs, while grandfathering
existing time and temperature signs for their continued operation;
Menu Signs on which Message Changes More
Often than Every 3 Hours - Prohibited
WHEREAS, the City of Clearwater finds and determines that it is appropriate to prohibit
signs that change messages more frequently than every three hours because the same visually
Attachment number 1 \nPage 22 of 68
Item # 8
JAX\1675258_1 -23-
degrade the community aesthetics and character and are inconsistent with the general principles
and purposes of Division 18, with an exception for signs that function as menu display signs so
as to allow for changing messages for different menus during the course of the day;
WHEREAS, the City of Clearwater finds and determines that a changeable electronic
message sign provides more visual stimuli than a traditional sign and that it has been judicially
noticed that such changeable electronic message signs will logically will be more distracting and
more hazardous (see Naser Jewelers, Inc. v. City of Concord, 513 F.3d 27 (1st Cir. 2008));
WHEREAS, the City of Clearwater finds and determines that it has been judicially
noticed that the alternative of allowing electronic message centers but imposing certain
conditions on them, such as limiting the number of times per day a message can change, would
have steeper monitoring costs and other complications and that such considerations support a
municipality’s outright prohibition on electronic changing message signs (see Naser Jewelers,
Inc. v. City of Concord, 513 F.3d 27 (1st Cir. 2008));
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (such as menu signs on which the message changes more rapidly than once every
three hours), and that Article 3 in general was not content-based [see Granite-Clearwater at
1334];
Pavement Markings - Prohibited
(Except for Street Addresses)
WHEREAS, the City of Clearwater finds and determines that it is appropriate to prohibit
pavement markings, with an exception for street addresses, because the same visually degrade
the community character and are inconsistent with the general principles and purposes of
Division 18;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility’s 1989 Model Code contained a proposed prohibition on signs
painted on the pavement, except for house numbers and traffic control signs (see Model Code at
10.02.02.S, stating “Signs that are painted, pasted, or printed on any curbstone, flagstone,
pavement, or any portion of any sidewalk or street, except house numbers and traffic control
signs”);
WHEREAS, the City of Clearwater finds and determines that it is appropriate to prohibit
pavement markings that are not traffic control device signs (which are exempt from regulation
under the City’s land development regulations) and except for street addresses (which are not
content-based and are necessary for commerce and function for health and safety concerns)
because such markings are distracting in nature and serve to degrade community aesthetics and
are inconsistent with the general principles and purposes of Division 18 of Article 3 of the
Clearwater Code;
Attachment number 1 \nPage 23 of 68
Item # 8
JAX\1675258_1 -24-
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that Article 3 in general was not content-based, and that
categories for prohibited signs, such as pavement markings with certain exceptions [former
Section 3-1803.F.], were not content-based [see Granite-Clearwater at 1334, n.36 and 1345-
1347];
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg’s
similar prohibition on pavement markings (St. Petersburg’s Code at § 16-671(4) prohibiting
“pavement markings, except official traffic control markings or where otherwise authorized”)
was determined to be content-neutral and not content-based in Granite State Outdoor
Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL 34558956, *12, n. 23 (M.D.Fla. 2002),
aff’d in part and rev’d in part, 348 F.3d 1278, 1281-1282 (11th Cir. 2003), cert. denied, 541 U.S.
1086 (2004);
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State v. St. Petersburg, determined that the foregoing provision prohibiting “pavement
markings,” with limited exceptions, did not render the ordinance unconstitutional per se (id. at
*12, n. 23);
WHEREAS, the City of Clearwater finds and determines that the Eleventh Circuit, upon
a de novo appellate review in Granite State v. St. Petersburg, confirmed that the ordinance was
content-neutral based in large part upon the fact that the government’s stated interest in
regulating speech (see St. Petersburg’s Code at Section 16-667(b)(2)) was to promote uniformity,
preserve aesthetics and foster safety, and based upon the fact that the government’s objective in
regulating speech was the controlling consideration under the governing precedent of Ward v.
Rock Against Racism, 491 U.S. 781, 791 (1989);
Portable Signs - Prohibited
WHEREAS, the City of Clearwater finds and determines that it is appropriate to
continue to prohibit portable signs as unnecessary visual clutter and that such sign type is
inconsistent with the goals and purposes of the City’s land development regulations expressed in
Division 18;
WHEREAS, the City of Clearwater finds and determines that the sign type known as a
portable sign may be legally prohibited (see Harnish v. Manatee County, 783 F.2d 1535, 1540
(11th Cir. 1986); Lindsay v. San Antonio, 821 F.2d 1103, 1111 (5th Cir. 1987));
WHEREAS, the City of Clearwater finds and determines that the prohibition of portable
signs reasonably advances the governmental goal of protecting the aesthetic environment of the
City [see Harnish v. Manatee Town, 783 F.2d 1535 (11th Cir. 1986) and Don’s Porta Signs, Inc.
v. City of Clearwater, 298 F.2d 1051 (11th Cir. 1987), cert. denied 485 U.S. 98 (1988)];
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility’s 1989 Model Code contained a proposed land development
regulation that prohibited portable signs [see prohibition in Model Code, § 10.02.02.Y., and see
Attachment number 1 \nPage 24 of 68
Item # 8
JAX\1675258_1 -25-
definition of “portable signs” at Model Code, § 10.00.04 (“Any sign which is manifestly
designed to be transported by trailer or on its own wheels, including such signs even though the
wheels may be removed and the remaining chassis or support structure converted to an A or T
frame sign and attached temporarily to the ground”)], and that cited the Eleventh Circuit’s
opinion in Harnish v. Manatee County, 783 F.2d 1535 (11th Cir. 1986), as support for such a
prohibition;
WHEREAS, the City of Clearwater finds and determines that portable signs were also
among the examples of prohibited sign types identified in the study, Enhancing the Visual
Environment Through Sign Regulations, Volume One, at Section 3, Engelhardt, Hammer &
Associates, Inc. (2002), and that the prohibition of this sign type was found by that study to
support the stated purposes of the City of Clearwater’s sign regulations;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg’s
sign code that contained a similar prohibition on portable signs (St. Petersburg’s Code at § 16-
671(6), prohibiting “portable signs, including …”) was determined to be content-neutral and not
content-based in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL
34558956 (M.D.Fla. 2002), aff’d in part and rev’d in part, 348 F.3d 1278, 1281-1282 (11th Cir.
2003), cert. denied, 541 U.S. 1086 (2004);
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State v. St. Petersburg, determined that prohibitions, similar to the one on “portable signs,” did
not render the ordinance unconstitutional per se (id. at *12, n. 23), and noted that a municipality
may choose to prohibit all portable signs in furtherance of its aesthetic concerns (id. at *10, citing
Messer v. City of Douglasville, Ga., 975 F.2d 1505, 1510 (1992));
WHEREAS, the City of Clearwater finds and determines that the Eleventh Circuit, upon
a de novo appellate review in Granite State v. St. Petersburg, confirmed that the ordinance was
content-neutral based in large part upon the government’s interest in regulating speech and the
St. Petersburg Code at § 16-667(b)(2) that stated that its enactment was to promote uniformity,
preserve aesthetics and foster safety and that relied upon the precedent of Ward v. Rock Against
Racism, 491 U.S. 781, 791 (1989);
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (such as portable signs), and that Article 3 in general was not content-based [see
Granite-Clearwater at 1334];
Roof and Above Roof Signs - Prohibited
WHEREAS, the City of Clearwater finds and determines that it is appropriate to prohibit
roof and above roof signs because such signs are distracting in nature, serve to degrade
community character, and aesthetics and are inconsistent with the general principles and
purposes of Division 18;
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WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility’s 1989 Model Code contained a proposed land development
regulation that would prohibit roof signs at Section 10.04.00, which allowed for permanent
accessory signs but did not allow a permanent accessory sign to be a roof sign (which is defined
at Section 10.00.04 as “A sign placed above the roof line of a building or on or against a roof
slope of less than forty-five (45) degrees”);
WHEREAS, the City of Clearwater finds and determines that roof and above roof signs
were identified among the examples of prohibited sign types in the study, Enhancing the Visual
Environment Through Sign Regulations, Volume One, at Section 3, Engelhardt, Hammer &
Associates, Inc. (2002), and that the prohibition of such sign types supported the purposes of the
City of Clearwater’s sign regulations;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg’s
sign code that contained a similar prohibition on roof signs (St. Petersburg’s Code at § 16-
671(7), prohibiting “roof signs, except integral roof signs in nonresidential districts”) was
determined to be content-neutral and not content-based in Granite State Outdoor Advertising,
Inc. v. City of St. Petersburg, Fla., 2002 WL 34558956 (M.D.Fla. 2002), aff’d in part and rev’d
in part, 348 F.3d 1278, 1281-1282 (11th Cir. 2003), cert. denied, 541 U.S. 1086 (2004);
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State v. St. Petersburg, determined that a prohibition on signs, similar to the one on roof signs,
did not render the ordinance unconstitutional per se (id. at *12, n. 23);
WHEREAS, the City of Clearwater finds and determines that the Eleventh Circuit, upon
a de novo appellate review, confirmed that the ordinance was content-neutral based in large part
upon the government’s interest in regulating speech and the St. Petersburg Code at § 16-
667(b)(2) that stated that its enactment was to promote uniformity, preserve aesthetics and foster
safety and that relied upon the precedent of Ward v. Rock Against Racism, 491 U.S. 781, 791
(1989);
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (such as roof signs), and that Article 3 in general was not content-based [see
Granite-Clearwater at 1334];
Sidewalk Signs - Prohibited
(Except as otherwise provided)
WHEREAS, the City of Clearwater finds and determines that sidewalk signs, sometimes
known as sandwich board signs (except as then allowed in the Downtown District), were
identified among the examples of prohibited sign types identified in the study, Enhancing the
Visual Environment Through Sign Regulations, Volume One, at Section 3, Engelhardt, Hammer
& Associates, Inc. (2002), that were supported by the purposes set forth in the City of
Clearwater’s sign regulations in Division 18;
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WHEREAS, the City of Clearwater finds and determines that it is appropriate to
generally prohibit sidewalk signs because such signs add to sign clutter and are inconsistent with
the general principles and purposes of Division 18, except in limited instances, such as where
sidewalk signs in commercial districts may serve a temporary function of providing information
when the construction of public improvements is ongoing, or in other limited circumstances
where such signs provide important information to the public, and that this prohibition is
consistent with the prohibition upheld by the district court in the Granite-Clearwater decision;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision reviewed former Section 3-1803.L., which at that time prohibited
sandwich board signs except to the extent permitted in the Downtown District, and upheld that
restriction after striking unrelated provisions from former Section 3-1803.L. [see Granite-
Clearwater at 1339];
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg’s
sign code that contained a similar prohibition on sandwich board signs (St. Petersburg’s Code at
§ 16-671(8), prohibiting “sandwich board signs”) was determined to be content-neutral and not
content-based in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL
34558956 (M.D.Fla. 2002), aff’d in part and rev’d in part, 348 F.3d 1278, 1281-1282 (11th Cir.
2003), cert. denied, 541 U.S. 1086 (2004), where a de novo appellate review confirmed that the
ordinance was content-neutral based in large part upon the government’s interest in regulating
speech and the St. Petersburg Code at § 16-667(b)(2) that stated that its enactment was to
promote uniformity, preserve aesthetics and foster safety and that relied upon the precedent of
Ward v. Rock Against Racism, 491 U.S. 781, 791 (1989);
Signs Attached to or Painted on Piers. Seawalls - Prohibited
(Other than Official Regulatory or Warning Signs)
WHEREAS, the City of Clearwater finds and determines that signs attached to or painted
on piers and seawalls, other than official regulatory or warning signs, detract from the aesthetic
environment and that such signs conflict with the purposes of Division 18, such as enhancing the
attractiveness and economic well-being of the city as a place to live, vacation and conduct
business, and preserving and enhancing the natural and scenic characteristics of the City of
Clearwater as a waterfront community;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg’s
sign code that contained a similar prohibition on signs attached to or painted on piers or seawalls
(St. Petersburg’s Code at § 16-671(9), prohibiting “signs attached to or painted on piers or
seawalls, unless otherwise authorized, such as official regulatory or warning signs approved by
the City Manager”) was determined to be content-neutral and not content-based in Granite State
Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL 34558956 (M.D.Fla. 2002),
aff’d in part and rev’d in part, 348 F.3d 1278, 1281-1282 (11th Cir. 2003), cert. denied, 541 U.S.
1086 (2004), where a de novo appellate review confirmed that the ordinance was content-neutral
based in large part upon the government’s interest in regulating speech and the St. Petersburg
Code at § 16-667(b)(2) that stated that its enactment was to promote uniformity, preserve
Attachment number 1 \nPage 27 of 68
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aesthetics and foster safety and that relied upon the precedent of Ward v. Rock Against Racism,
491 U.S. 781, 791 (1989);
WHEREAS, the City of Clearwater finds and determines that signs painted on piers and
seawalls were among the examples of prohibited sign types identified in the study, Enhancing the
Visual Environment Through Sign Regulations, Volume One, at Section 3, Engelhardt, Hammer
& Associates, Inc. (2002), that such prohibition supported the purposes of the City of
Clearwater’s sign regulations;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (such as signs attached to or painted on piers and seawalls, other than official
regulatory or warning signs), and that Article 3 in general was not content-based [see Granite-
Clearwater at 1334];
Signs in or upon Any River, Bay Lake,
or Other Body of Water - Prohibited
WHEREAS, the City of Clearwater finds and determines that signs in or upon any river,
bay, lake, or other body of water, detract from the aesthetic environment and that such signs
conflict with the purposes of Division 18, such as enhancing the attractiveness and economic
well-being of the city as a place to live, vacation and conduct business, and preserving and
enhancing the natural and scenic characteristics of the City of Clearwater as a waterfront
community;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg’s
sign code that contained a similar prohibition on signs in or upon any river, bay, lake, or other
body of water (St. Petersburg’s Code at § 16-671(10), prohibiting “signs in or upon any river,
bay, lake, or other body of water, unless otherwise authorized by the City Manager, such as
official regulatory or warning signs”) was determined to be content-neutral and not content-based
in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL 34558956
(M.D.Fla. 2002), aff’d in part and rev’d in part, 348 F.3d 1278, 1281-1282 (11th Cir. 2003),
cert. denied, 541 U.S. 1086 (2004), where a de novo appellate review confirmed that the
ordinance was content-neutral based in large part upon the government’s interest in regulating
speech and the St. Petersburg Code at § 16-667(b)(2) that stated that its enactment was to
promote uniformity, preserve aesthetics and foster safety and that relied upon the precedent of
Ward v. Rock Against Racism, 491 U.S. 781, 791 (1989);
WHEREAS, the City of Clearwater finds and determines that signs on or upon a river,
bay, lake or water were identified among the examples of prohibited sign types identified in the
study, Enhancing the Visual Environment Through Sign Regulations, Volume One, at Section 3,
Engelhardt, Hammer & Associates, Inc. (2002), that were supported by the purposes set forth in
the City of Clearwater’s sign regulations in Division 18;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
Attachment number 1 \nPage 28 of 68
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types of signs (such as signs in or upon any river, bay, lake, or other body of water), and that
Article 3 in general was not content-based [see Granite-Clearwater at 1334];
Signs on Publicly-Owned Land or Easements or Street Rights-of-Way,
(except (a) as allowed in Section 3-1806.S., (b) signs on transit shelters erected
pursuant to Section 3-2203 and permitted pursuant to Section 3-1807.B.5.,
(c) sidewalk signs to the extent permitted in Section 3-1806.U. or Section 1807.B.4.,
(d) as allowed in Section 3-1807.A., and (e) as allowed in Section 3-1806.V. and 3-1806.W.)
WHEREAS, the City of Clearwater finds and determines that signs on publicly-owned
land or easements or street rights-of-way [except (a) as allowed in the renumbered Section 3-
1806.S, (b) signs on transit shelters erected pursuant to Section 3-2203 and permitted pursuant to
the renumbered Section 3-1807.B.5, (c) sidewalk signs to the extent permitted in Section 3-
1806.U., or the renumbered Section 1807.B.4., (d) as allowed in the renumbered Section 3-
1807.A., and (e) as allowed in the renumbered Section 3-1806.V. and renumbered Section 3-
1806.W.] detract from the aesthetic environment and that such signs conflict with the purposes of
Division 18, such as enhancing the attractiveness and economic well-being of the city as a place
to live, vacation and conduct business;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility’s 1989 Model Code for local governments at Section 10.01.00.A.,
recommended an exemption for signs necessary to promote health, safety and welfare, and other
regulatory, statutory, traffic control or directional signs erected on public property with
permission as appropriate from the State of Florida, the United States, of city or county
governments, and that exemptions for statutory signs and traffic control device signs from
regulation under Division 18 are incorporated into the new Section 3-1803.C. and Section 3-
1803.D., and are not within the scope of the prohibited signs listed in the new Section 3-1804.M.;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision reviewed and upheld former Section 3-1803.L, after striking
thirteen words as set forth below, which at that time prohibited certain signs, including “[s]igns
located on publicly owned land or easements or inside street rights-of-way, except signs required
or erected by permission of the city manager or city commission, signs or transit shelters erected
pursuant to section 3-2203, and sandwich board signs to the extent permitted in the downtown
district,” and which further provided that “[p]rohibited signs shall include but shall not be limited
to handbills, posters, advertisements, or notices that are attached in any way upon lampposts,
telephone poles, utility poles, bridges, and sidewalks” [see Granite-Clearwater at 1339] [see also
Pleasant Grove City, Utah v. Summum, 555 U.S. 460, 467, 129 S.Ct. 1125, 1131 (2009)];
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision struck the following language that then appeared in Section 3-
1803.L, “signs required or erected by permission of the city manager or city commission,” due to
a determination that the same allowed officials to exercise undue discretion, and upheld the
remaining provisions of Section 3-1803.L. [see Granite-Clearwater at 1339];
Attachment number 1 \nPage 29 of 68
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WHEREAS, the City of Clearwater finds and determines that subsequent amendments
were made to the Clearwater Development Code to limit any undue discretion of the city
manager and city commission and to provide criteria to address the concerns raised by the district
court in the Granite-Clearwater decision;
WHEREAS, the City of Clearwater finds and determines that signs on easements or
right-of-way were identified among the examples of prohibited sign types identified in the study,
Enhancing the Visual Environment Through Sign Regulations, Volume One, at Section 3,
Engelhardt, Hammer & Associates, Inc. (2002), that were supported by the purposes set forth in
the City of Clearwater’s sign regulations in Division 18;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg’s
sign code that contained a similar prohibition on signs that are erected upon or project over
public rights-of-way (St. Petersburg’s Code at § 16-671(11), prohibiting “signs that are erected
upon or project over public rights-of-way or present a potential traffic or pedestrian hazard” and
which “includes signs which obstruct visibility”) was determined to be content-neutral and not
content-based in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL
34558956 (M.D.Fla. 2002), aff’d in part and rev’d in part, 348 F.3d 1278, 1281-1282 (11th Cir.
2003), cert. denied, 541 U.S. 1086 (2004), where a de novo appellate review confirmed that the
ordinance was content-neutral based in large part upon (1) the government’s interest in regulating
speech and (2) the statement in the St. Petersburg Code at § 16-667(b)(2) that its enactment was
to promote uniformity, preserve aesthetics and foster safety and that relied upon the precedent of
Ward v. Rock Against Racism, 491 U.S. 781, 791 (1989);
Signs that Emit Sound, Vapor, Smoke, Odor,
Particles, or Gaseous Matter - Prohibited
WHEREAS, the City of Clearwater finds and determines that signs that emit sound,
vapor, smoke, odor, particles, or gaseous matter conflict with the purposes of Division 18, such
as enhancing the attractiveness and economic well-being of the city as a place to live, vacation
and conduct business;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility’s 1989 Model Code contained a proposed land development
regulation that would prohibit signs that emit sound, odor, or visible matter such as vapor,
smoke, particles, or gaseous matter, at Model Code 10.02.02.J., prohibiting “Signs that emit
audible sound, odor, or visible matter such as smoke or steam,” as a prohibition that would
further governmental purposes of aesthetics and traffic safety;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility’s 1989 Model Code contained a proposed land development
regulation that would prohibit signs that incorporate emit any sound that is intended to attract
attention, at Model Code 10.02.I., prohibiting “Signs that incorporate projected, emit any sound
that is intended to attract attention, or involve the use of animals,” as a prohibition that would
further governmental purposes of aesthetics and traffic safety;
Attachment number 1 \nPage 30 of 68
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WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg’s
sign code that contained a similar prohibition on signs that emit sound, vapor, smoke, odor,
particles, or gaseous matter (St. Petersburg’s Code at § 16-671(12), prohibiting “signs that emit
sound, vapor, smoke, odor, particles, or gaseous matter”) was determined to be content-neutral
and not content-based in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla.,
2002 WL 34558956 (M.D.Fla. 2002), aff’d in part and rev’d in part, 348 F.3d 1278, 1281-1282
(11th Cir. 2003), cert. denied, 541 U.S. 1086 (2004), where a de novo appellate review
confirmed that the ordinance was content-neutral based in large part upon the government’s
interest in regulating speech and the St. Petersburg Code at § 16-667(b)(2) that stated that its
enactment was to promote uniformity, preserve aesthetics and foster safety and that relied upon
the precedent of Ward v. Rock Against Racism, 491 U.S. 781, 791 (1989);
WHEREAS, the City of Clearwater finds and determines that signs emitting sound,
vapor, smoke, and/or odor were identified among the examples of prohibited sign types in the
study, Enhancing the Visual Environment Through Sign Regulations, Volume One, at Section 3,
Engelhardt, Hammer & Associates, Inc. (2002), and that the prohibition of such sign types
supported the purposes of the City of Clearwater’s sign regulations;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (which included signs that emit sound, vapor, smoke, odor, particles, or gaseous
matter), and that Article 3 in general was not content-based [see Granite-Clearwater at 1334];
Signs That Have Unshielded Illuminating Devices - Prohibited
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes of Division 18, signs that have unshielded illuminating devices or which reflect lighting
onto public rights-of-way thereby creating a potential traffic or pedestrian hazard should continue
to be prohibited in Section 3-1804.O.;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility’s 1989 Model Code contained a proposed land development
regulation that would prohibit “[s]igns that are of such intensity or brilliance as to cause glare or
impair the vision of any motorist, cyclist, or pedestrian using or entering a public way, or that of
a hazard or a nuisance to occupants of any property because of glare or other characteristics” at
Model Code 10.02.02.P., as a prohibition that would further governmental purposes of aesthetics
and traffic safety;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg’s
sign code that contained a similar prohibition on signs that have unshielded, illuminating devices
(St. Petersburg’s Code at § 16-671(13), prohibiting “signs that have unshielded, illuminating
devices”) was determined to be content-neutral and not content-based in Granite State Outdoor
Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL 34558956 (M.D.Fla. 2002), aff’d in
part and rev’d in part, 348 F.3d 1278, 1281-1282 (11th Cir. 2003), cert. denied, 541 U.S. 1086
(2004), where a de novo appellate review confirmed that the ordinance was content-neutral based
in large part upon the government’s interest in regulating speech and the St. Petersburg Code at §
Attachment number 1 \nPage 31 of 68
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16-667(b)(2) that stated that its enactment was to promote uniformity, preserve aesthetics and
foster safety and that relied upon the precedent of Ward v. Rock Against Racism, 491 U.S. 781,
791 (1989);
WHEREAS, the City of Clearwater finds and determines that signs with unshielded
illuminated devices were identified among the examples of prohibited sign types in the study,
Enhancing the Visual Environment Through Sign Regulations, Volume One, at Section 3,
Engelhardt, Hammer & Associates, Inc. (2002), and that the prohibition of such sign types
supported the purposes of the City of Clearwater’s sign regulations;
WHEREAS, the City of Clearwater finds and determines that signs Section 479.11(5),
Florida Statutes, prohibits the erection, use, operation, or maintenance of certain specified signs,
including any sign which displays intermittent lights not embodied in the sign, or any rotating or
flashing light within 100 feet of the outside boundary of the right-of-way of any highway on the
State Highway System, interstate highway system, or federal-aid primary highway system or
which is illuminated in such a manner so as to cause glare or to impair the vision of motorists or
otherwise distract motorists so as to interfere with the motorists’ ability to safely operate their
vehicles;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (such as signs that have unshielded illuminating devices or which reflect lighting
onto public rights-of-way thereby creating a potential traffic or pedestrian hazard), and that
Article 3 in general was not content-based [see Granite-Clearwater at 1334];
Signs that Move, Revolve, Twirl, Rotate, Flash, Scintillate, Blink, Flutter or Appear
to Display Motion, including Animated Signs, Multi-Prism Signs, Tri-Vision Signs,
Floodlights and Beacons Lights (Except When Required by the FAA or Other
Governmental Agency) Unless Otherwise Expressly Allowed - Prohibited
WHEREAS, the City of Clearwater finds and determines that a prohibition on signs that
move, revolve, twirl, rotate, flash, scintillate, blink, flutter or appear to display motion, including
animated signs, multi-prism signs, floodlights and beacon lights (except when required by the
Federal Aviation Agency or other governmental agency), unless otherwise expressly allowed, is
consistent with the purposes of Division 18, including the lessening of hazardous situations,
protecting the public from the dangers of unsafe signs, regulation of signs in a manner so as to
not interfere with, obstruct vision of, or distract motorists, bicyclists or pedestrians;
WHEREAS, the City of Clearwater finds and determines that a prohibition on the
aforesaid signs is consistent with the purpose of the land development regulations to enhance the
attractiveness of the community and to preserve and enhance the natural and scenic
characteristics of a waterfront and resort community;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility’s 1989 Model Code contained a proposed land development
regulation that would prohibit “[s]igns with visible moving, revolving, or rotating parts or visible
Attachment number 1 \nPage 32 of 68
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JAX\1675258_1 -33-
mechanical movement of any description or other apparent visible movement achieved by
electrical, electronic, or mechanical means, except for traditional barber poles,” at Model Code
10.02.02.D., as a prohibition that would further governmental purposes of aesthetics and traffic
safety;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility’s 1989 Model Code contained a proposed land development
regulation that would prohibit “[s]igns with the optical illusion of movement by means of a
design that presents a pattern capable of giving the illusion of motion or changing of copy,” at
Model Code 10.02.02.E., as a prohibition that would further governmental purposes of aesthetics
and traffic safety;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility’s 1989 Model Code contained a proposed land development
regulation that would prohibit “[s]igns with lights or illumination that flash, move, rotate,
scintillate, blink, flicker, or vary in intensity or color except for time-temperature-date signs,” at
Model Code 10.02.02.F., as a prohibition that would further governmental purposes of aesthetics
and traffic safety;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility’s 1989 Model Code contained a proposed land development
regulation that would prohibit “[s]earchlights used to advertise or promote a business or to attract
customers to a property” at Model Code 10.02.02.R., as a prohibition that would further
governmental purposes of aesthetics and traffic safety;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg’s
sign code that contained a similar prohibition on signs that move, revolve, twirl, rotate, flash,
including animated signs, multi-prism signs, and beacon lights (St. Petersburg’s Code at § 16-
671(14), prohibiting “signs that move, revolve, twirl, rotate, flash, including animated signs,
multi-prism signs, and beacon lights except when required by the Federal Aviation
Administration or other governmental agency”) was determined to be content-neutral and not
content-based in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL
34558956 (M.D.Fla. 2002), aff’d in part and rev’d in part, 348 F.3d 1278, 1281-1282 (11th Cir.
2003), cert. denied, 541 U.S. 1086 (2004), where a de novo appellate review confirmed that the
ordinance was content-neutral based in large part upon the government’s interest in regulating
speech and the St. Petersburg Code at § 16-667(b)(2) that stated that its enactment was to
promote uniformity, preserve aesthetics and foster safety and that relied upon the precedent of
Ward v. Rock Against Racism, 491 U.S. 781, 791 (1989);
WHEREAS, the City of Clearwater finds and determines that signs that move, revolve,
rotate, and/or flash were identified among the examples of prohibited sign types identified in the
study, Enhancing the Visual Environment Through Sign Regulations, Volume One, at Section 3,
Engelhardt, Hammer & Associates, Inc. (2002), that were supported by the purposes set forth in
the City of Clearwater’s sign regulations in Division 18;
Attachment number 1 \nPage 33 of 68
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WHEREAS, the City of Clearwater finds and determines that a prohibition on signs
utilizing beacon lights should not apply, and that beacon lights utilized as a sign should be
exempted from prohibition if and when the same is required by the Federal Aviation Agency or
other governmental agency for a public purpose;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (such as signs that move, revolve, twirl, rotate, flash, including animated signs,
multi-prism signs, tri-visions signs), and that Article 3 in general was not content-based [see
Granite-Clearwater at 1334];
Signs that Obscure a Traffic Control Device Sign
or Official Traffic Signal - Prohibited
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes of Division 18, signs that obstruct, conceal, hide, or otherwise obscure from view any
traffic control device sign or official traffic signal should be prohibited;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg’s
sign code that contained a similar prohibition on signs that obstruct, conceal, hide, or otherwise
obscure from view any official traffic sign (St. Petersburg’s Code at § 16-671(15), prohibiting
“signs that obstruct, conceal, hide, or otherwise obscure from view any official traffic or
government sign, signal, or device”) was determined to be content-neutral and not content-based
in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL 34558956
(M.D.Fla. 2002), aff’d in part and rev’d in part, 348 F.3d 1278, 1281-1282 (11th Cir. 2003),
cert. denied, 541 U.S. 1086 (2004), where a de novo appellate review confirmed that the
ordinance was content-neutral based in large part upon the government’s interest in regulating
speech and the St. Petersburg Code at § 16-667(b)(2) that stated that its enactment was to
promote uniformity, preserve aesthetics and foster safety and that relied upon the precedent of
Ward v. Rock Against Racism, 491 U.S. 781, 791 (1989);
WHEREAS, the City of Clearwater finds and determines that signs obstructing traffic or
other governmental signs were identified among the examples of prohibited sign types identified
in the study, Enhancing the Visual Environment Through Sign Regulations, Volume One, at
Section 3, Engelhardt, Hammer & Associates, Inc. (2002), that were supported by the purposes
set forth in the City of Clearwater’s sign regulations in Division 18;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (such as signs that obstruct, conceal, hide or otherwise obscure from view any
official traffic or government sign, signal or device), and that Article 3 in general was not
content-based [see Granite-Clearwater at 1334];
Signs That Present Potential Hazards - Prohibited
Attachment number 1 \nPage 34 of 68
Item # 8
JAX\1675258_1 -35-
WHEREAS, the City of Clearwater finds and determines that a prohibition on signs that
present a potential traffic or pedestrian hazard, including signs which obstruct visibility, are
consistent with the purposes of Division 18, including the lessening of hazardous situations,
protecting the public from the dangers of unsafe signs, regulation of signs in a manner so as to
not interfere with, obstruct vision of, or distract motorists, bicyclists or pedestrians;
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility’s 1989 Model Code for local governments, at Model Code
10.02.02.M., prohibited “Signs that obstruct the vision of pedestrians, cyclists, or motorists
traveling on or entering public streets,” and at Model Code 10.02.02.P., prohibited “Signs that
are of such intensity or brilliance as to cause glare or impair the vision of any motorist, cyclist, or
pedestrian using or entering a public way, or that of a hazard or a nuisance to occupants of any
property because of glare or other characteristics”;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg’s
sign code that contained similar prohibitions on signs that present a potential traffic or pedestrian
hazard, which included signs which obstruct visibility (St. Petersburg’s Code at § 16-671(11),
prohibiting “signs that . . . present a potential traffic or pedestrian hazard. This includes signs
which obstruct visibility”) was determined to be content-neutral and not content-based in Granite
State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL 34558956 (M.D.Fla.
2002), aff’d in part and rev’d in part, 348 F.3d 1278, 1281-1282 (11th Cir. 2003), cert. denied,
541 U.S. 1086 (2004), where a de novo appellate review confirmed that the ordinance was
content-neutral based in large part upon the government’s interest in regulating speech and the
St. Petersburg Code at § 16-667(b)(2) that stated that its enactment was to promote uniformity,
preserve aesthetics and foster safety and that relied upon the precedent of Ward v. Rock Against
Racism, 491 U.S. 781, 791 (1989);
WHEREAS, the City of Clearwater finds and determines that signs that present potential
traffic or pedestrian hazards were identified among the examples of prohibited sign types
identified in the study, Enhancing the Visual Environment Through Sign Regulations, Volume
One, at Section 3, Engelhardt, Hammer & Associates, Inc. (2002), that were supported by the
purposes set forth in the City of Clearwater’s sign regulations in Division 18;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (such as signs that present a potential traffic or pedestrian hazard, including signs
which obstruct visibility), and that Article 3 in general was not content-based [see Granite-
Clearwater at 1334];
Signs Attached to Tree or Vegetation - Prohibited
WHEREAS, the City of Clearwater finds and determines that signs attached to or placed
on any tree or other vegetation add to visual pollution and clutter, and should be prohibited to
further the purposes of the City’s land development regulations and Division 18 of Article 3 of
the City’s Code;
Attachment number 1 \nPage 35 of 68
Item # 8
JAX\1675258_1 -36-
WHEREAS, the City of Clearwater finds and determines that signs attached to a tree or
vegetation were identified among the examples of prohibited sign types identified in the study,
Enhancing the Visual Environment Through Sign Regulations, Volume One, at Section 3,
Engelhardt, Hammer & Associates, Inc. (2002), that were supported by the purposes set forth in
the City of Clearwater’s sign regulations in Division 18;
WHEREAS, the City of Clearwater finds and determines that Chapter 479, Florida
Statutes, at Section 479.11(9) (2010), prohibits any sign erected, used, operated, or maintained
that is nailed, fastened, or affixed to any tree and which is adjacent to the right-of-way of any
portion of the interstate highway system or the federal-aid primary highway system;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that Article 3 in general was not content-based, and that
categories for prohibited signs, such as signs attached to vegetation [former Section 3-1803.R,
now renumbered to Section 3-1804.S] were not content-based [see Granite-Clearwater at 1334,
n.36 and 1345-1347];
Human Signs - Prohibited
WHEREAS, the City of Clearwater finds and determines that signs intended to draw
attention for a commercial purpose and that are carried, waved or otherwise displayed by persons
either on public rights-of-way or in a manner visible from public rights-of-way (which does not
include or limit the display of placards, banners, flags or other signage by persons participating in
demonstrations, political rallies and similar events) conflict with the purposes of Division 18,
such as enhancing the attractiveness of the city as a place to live, vacation and conduct business,
and regulating signs in a manner so that they do not interfere with, obstruct the vision of, or
distract motorists, bicyclists or pedestrians;
WHEREAS, the City of Clearwater finds and determines that the renumbered Section 3-
1803.T expressly prohibits signs that are intended to draw attention for a commercial purpose
and that are carried, waved or otherwise displayed by persons either on public rights-of-way or in
a manner visible from public rights-of-way, and that the foregoing provision is not intended to
limit the display of placards, banners, flags or other signage by persons participating in
demonstrations, political rallies and similar events;
WHEREAS, the City of Clearwater finds and determines that in meeting the purposes
and goals established in these preambles, it is appropriate to prohibit and/or to continue to
prohibit the display of what has become known as “human signs”;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision addressed the restriction in former Section 3-1803.S [renumbered
as Section 3-1803.T] which prohibited signs that are “carried, waved or otherwise displayed” in
public rights-of-way or “in a manner visible from public rights-of-way” and “directed toward
such displays intended to draw attention for a commercial purpose, and is not intended to limit
the display of placards, banners, flags or other signage by persons demonstrating in
demonstrations, political rallies or similar events” [see Granite-Clearwater at 1340-1341];
Attachment number 1 \nPage 36 of 68
Item # 8
JAX\1675258_1 -37-
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision found that the restriction in former Section 3-1803.S [renumbered
as Section 3-1803.T] was content or viewpoint-neutral and justified by Clearwater’s stated
interests in safety and aesthetics, and that the additional guidance provided in the provision
assures that government officials are not given unbridled discretion [see Granite-Clearwater at
1340-1341];
Snipe Signs - Prohibited
WHEREAS, the City of Clearwater finds and determines that off-premises signs that are
tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, or fences, and
which are not otherwise expressly allowed as a permitted sign, also known as “snipe signs,” add
to visual pollution and clutter, and should be prohibited to further the purposes of the City’s land
development regulations and Division 18 of Article 3 of the City’s Code;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision upheld the prohibitions on snipe signs after severing the words
“other objects” in the definition of Section 8-101 in order to remove a conflict between Section
3-1806.B.3 (allowing attached signs) and Section 3-1803.T (prohibiting snipe signs that would
include attached signs to objects other than those listed) [see Granite-Clearwater at 1335];
WHEREAS, the City of Clearwater finds and determines that snipe signs were among
the examples of prohibited sign types identified in the study, Enhancing the Visual Environment
Through Sign Regulations, Volume One, at Section 3, Engelhardt, Hammer & Associates, Inc.
(2002), that supported the purposes set forth in Division 18 of Article 3 of the City’s Code;
WHEREAS, the City of Clearwater finds and determines that Chapter 479, Florida
Statutes, at Section 479.11(9) (2010), prohibits any sign erected, used, operated, or maintained
that is nailed, fastened, or affixed to any tree and which is adjacent to the right-of-way of any
portion of the interstate highway system or the federal-aid primary highway system, in the
interests of aesthetics and traffic safety;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg’s
sign code that contained a similar prohibition on snipe signs (St. Petersburg’s Code at § 16-
671(16), prohibiting “snipe signs”) was determined to be content-neutral and not content-based
in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL 34558956
(M.D.Fla. 2002), aff’d in part and rev’d in part, 348 F.3d 1278, 1281-1282 (11th Cir. 2003),
cert. denied, 541 U.S. 1086 (2004);
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State v. St. Petersburg, determined that the foregoing provision prohibiting “snipe signs” did not
render the ordinance unconstitutional per se (id. at *12, n. 23);
WHEREAS, the City of Clearwater finds and determines that the Eleventh Circuit, upon,
where a de novo appellate review confirmed that the ordinance was content-neutral based in large
part upon the government’s interest in regulating speech and the St. Petersburg’s Code at § 16-
Attachment number 1 \nPage 37 of 68
Item # 8
JAX\1675258_1 -38-
667(b)(2) that stated that its enactment was to promote uniformity, preserve aesthetics and foster
safety and that relied upon the precedent of Ward v. Rock Against Racism, 491 U.S. 781, 791
(1989);
Three Dimensional Objects Used As Signs - Prohibited
WHEREAS, the City of Clearwater finds and determines that three dimensional objects
used as signs conflict with the purposes of Division 18, such as enhancing the attractiveness of
the city as a place to live, vacation and conduct business,
WHEREAS, the City of Clearwater finds and determines that three-dimensional objects
used as signs were identified among the examples of prohibited sign types identified in the study,
Enhancing the Visual Environment Through Sign Regulations, Volume One, at Section 3,
Engelhardt, Hammer & Associates, Inc. (2002), that were supported by the purposes set forth in
the City of Clearwater’s sign regulations in Division 18;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg’s
sign code that contained a similar prohibition on three-dimensional objects that are used as signs
(St. Petersburg’s Code at § 16-671(18), prohibiting “three-dimensional objects that are used as
signs”) was determined to be content-neutral and not content-based in Granite State Outdoor
Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL 34558956 (M.D.Fla. 2002), aff’d in
part and rev’d in part, 348 F.3d 1278, 1281-1282 (11th Cir. 2003), cert. denied, 541 U.S. 1086
(2004), where a de novo appellate review confirmed that the ordinance was content-neutral based
in large part upon the government’s interest in regulating speech and the St. Petersburg Code at §
16-667(b)(2) that stated that its enactment was to promote uniformity, preserve aesthetics and
foster safety and that relied upon the precedent of Ward v. Rock Against Racism, 491 U.S. 781,
791 (1989);
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (which included three-dimensional objects that are used as signs), and that Article
3 in general was not content-based [see Granite-Clearwater at 1334];
Vehicle And Portable Trailer Signs - Prohibited
WHEREAS, the City of Clearwater finds and determines that vehicle signs and portable
trailer signs detract from the aesthetic environment and that such signs conflict with the purposes
of Division 18, such as enhancing the attractiveness and economic well-being of the city as a
place to live, vacation and conduct business, and preserving and enhancing the natural and scenic
characteristics of the City of Clearwater as a waterfront community;
WHEREAS, the City of Clearwater finds and determines that vehicle signs and portable
trailer signs were identified among the examples of prohibited sign types identified in the study,
Enhancing the Visual Environment Through Sign Regulations, Volume One, at Section 3,
Engelhardt, Hammer & Associates, Inc. (2002), that were supported by the purposes set forth in
the City of Clearwater’s sign regulations in Division 18;
Attachment number 1 \nPage 38 of 68
Item # 8
JAX\1675258_1 -39-
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility’s 1989 Model Code for local governments, at Model Code
10.02.02.W., prohibited vehicle signs with a total sign area on any vehicle in excess of ten (10)
square feet, when the vehicle: (1) is parked for more than sixty consecutive minutes within one
hundred (100) feet of any street right of way, (2) is visible from the street right of way that the
vehicle is within one hundred (100) feet of, and (3) is not regularly used in the conduct of the
business advertised on the vehicle; and further providing that a vehicle used primarily for
advertising, or for the purpose of providing transportation for owners or employees of the
occupancy advertised by the vehicle, shall not be considered a vehicle used in the conduct of
business;
WHEREAS, the City of Clearwater finds and determines that nearly identical
prohibitions on vehicle signs have upheld against a constitutional challenges (see Perkins v.
Town of Orange Park, 2006 WL 5988235 (Fla. Cir. Ct.);
WHEREAS, the City of Clearwater finds and determines that the Center for
Governmental Responsibility’s 1989 Model Code for local governments at Model Code
10.02.02.Y, prohibited “portable signs as defined by this Code,” and therein at 10.00.04 defined
“portable sign” as “any sign which is manifestly designed to be transported by trailer or on its
own wheels, including such signs even though the wheels may be removed and the remaining
chassis or support structure converted to an A or T frame sign and attached temporarily to the
ground” and that a similar prohibition was upheld in Harnish v. Manatee County, 783 F.2d 1535,
1540 (11th Cir. 1986);
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg’s
sign code that contained similar prohibitions on portable signs and vehicle signs (St. Petersburg’s
Code at § 16-671(6) and (19)), were determined to be content-neutral and not content-based in
Granite State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL 34558956
(M.D.Fla. 2002), aff’d in part and rev’d in part, 348 F.3d 1278, 1281-1282 (11th Cir. 2003),
cert. denied, 541 U.S. 1086 (2004), where a de novo appellate review confirmed that the
ordinance was content-neutral based in large part upon the government’s interest in regulating
speech and the St. Petersburg Code at § 16-667(b)(2) that stated that its enactment was to
promote uniformity, preserve aesthetics and foster safety and that relied upon the precedent of
Ward v. Rock Against Racism, 491 U.S. 781, 791 (1989);
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (such as portable signs and vehicle signs), and that Article 3 in general was not
content-based [see Granite-Clearwater at 1334];
Signs Not Specifically Permitted - Prohibited
WHEREAS, the City of Clearwater finds and determines that any permanent sign that is
not specifically described or enumerated as permitted within the specific district classifications in
the Community Development Code should continue to be prohibited in the renumbered Section
3-1804.X, with clarification that the foregoing prohibition pertains to permanent sign types;
Attachment number 1 \nPage 39 of 68
Item # 8
JAX\1675258_1 -40-
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg’s
sign code that contained a similar prohibition on signs not specifically described or enumerated
as permitted within the specific land use classifications in the article 16 of the St. Petersburg
Code (St. Petersburg’s Code at § 16-671(20), prohibiting “any sign that is not specifically
described or enumerated as permitted within the specific land use classifications in this article”)
was determined to be content-neutral and not content-based in Granite State Outdoor
Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL 34558956 (M.D.Fla. 2002), aff’d in
part and rev’d in part, 348 F.3d 1278, 1281-1282 (11th Cir. 2003), cert. denied, 541 U.S. 1086
(2004), where a de novo appellate review confirmed that the ordinance was content-neutral based
in large part upon the government’s interest in regulating speech and the St. Petersburg Code at §
16-667(b)(2) that stated that its enactment was to promote uniformity, preserve aesthetics and
foster safety and that relied upon the precedent of Ward v. Rock Against Racism, 491 U.S. 781,
791 (1989);
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that former Section 3-1803 prohibited twenty-five different
types of signs (which included any sign that is not specifically described or enumerated as
permitted within the specific district classifications in the Development Code), and that Article 3
in general was not content-based [see Granite-Clearwater at 1334];
General Standards
WHEREAS, the City of Clearwater finds and determines that in carrying out and
implementing the purposes of the land development regulations governing signage it is
appropriate to establish general standards including the following: the establishment of a
minimum setback for signs of five feet from the property line; the allowance of neon signs and
lighting and providing the circumstances whereby neon lighting is counted toward the allowable
area of permissible signage; the establishment of certain conditions whereby illuminated signs
may be operated; the allowance of banners and flags and providing the circumstances whereby
the same are counted toward the allowable area of permissible signage; the allowance of signs
that function to display changing gasoline prices (gasoline price display signs) except where
specifically prohibited, and also providing certain height limitations and the circumstances
whereby the same are counted toward the allowable area of permissible freestanding signage; the
allowance of signage on awnings subject to certain limitations such as size; a provision that
makes it clear that other codes may be applicable, namely building and electrical codes; a
provision that specifies that signs shall not have limitations based upon the content of the
message contained on the signs; and a provision codifying that noncommercial speech may be
substituted for commercial speech;
Setbacks
WHEREAS, the City of Clearwater finds and determines that in the interest of both
aesthetics and traffic safety, no sign shall be located within five feet of a property line of a parcel
proposed for development;
Neon Signs And Lighting
Attachment number 1 \nPage 40 of 68
Item # 8
JAX\1675258_1 -41-
WHEREAS, the City of Clearwater finds and determines that in the interest of aesthetics
and traffic safety it is appropriate to address circumstances when neon lighting should not be
regarded as signage for purpose of land development regulations that regulate signage, and to
provide for circumstances when neon lighting used as freestanding designs or murals or as
attached murals or designs unrelated to the architectural features of the building should be
counted toward the allowable area of the property’s or occupancy’s freestanding or attached
signage, as applicable;
Illuminated Signs
WHEREAS, the City of Clearwater finds and determines that in the interest of aesthetics
and traffic safety it is appropriate to provide that the light from any illuminated sign shall be
shaded, shielded, or directed away from adjoining street rights-of-way and properties; that no
sign shall have blinking, flashing, or fluttering lights or other illumination devices which have a
changing light intensity, brightness, color, or direction or as otherwise prohibited in the new
Section 3-1804; that no colored lights shall be used at any location or in any manner so as to be
confused with or construed as traffic-control devices; that neither the direct nor the reflected light
from primary light sources shall create a traffic hazard to operators of motor vehicles on public
thoroughfares; and that the light which illuminates a sign shall be shaded, shielded, or directed so
that no structure, including sign supports or awnings, are illuminated by such lighting;
Banners And Flags
WHEREAS, the City of Clearwater finds and determines that in the interest of aesthetics
and traffic safety it is appropriate to provide that a banner or flag may be used as a permitted
freestanding or attached sign and, if so used, the area of the banner or flag shall be included in,
and limited by, the computation of allowable area for freestanding or attached signs on the
property, unless otherwise provided in Division 18, such as in the new Section 3-18056.G;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that Article 3 in general was not content-based, and that there
were legally required or justifiable exceptions such as construction signs [former Section 3-
1805.F.] and for sale signs [former Section 3-1805.O.], and that the exceptions for flags [former
Section 3-1805.G.], was also not content-based [see Granite-Clearwater at 1334, n.36 and 1345-
1347];
Gasoline Price Signs
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes of Division 18, gasoline price display signs shall be allowed in all non-residential
districts except where specifically prohibited; gasoline price display signs shall be placed in the
vicinity of the pump islands and shall not extend above any pump island canopy or they shall be
attached to the primary freestanding sign for the property; if attached to the freestanding sign, the
area of the gasoline price display sign shall be counted toward the allowable area for the
freestanding sign; and a gasoline price display sign may be changed manually or electronically in
recognition of intermittent changes in fuel prices which may occur more often than once per day;
Attachment number 1 \nPage 41 of 68
Item # 8
JAX\1675258_1 -42-
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State Outdoor Advertising, Inc. v. City of Clearwater, Fla. (Granite-Clearwater), 213 F.Supp.2d
1312, 1334, n. 6 and 1345-1346 (M.D.Fla. 2002), aff’d in part and rev’d in part on other
grounds, 351 F.3d 1112, 1118-1119 (11th Cir. 2003), cert. denied, 543 U.S. 813 48 (2004),
addressed Article 3, Division 18’s General Standards, wherein the City specifically regulated the
placement, size and location of gasoline price signs [see Granite-Clearwater at 1336], rejected
the contention that former Section 3-1804.E [now renumbered to Section 3-1805.E] was an
impermissible content-based exception rendering the ordinance unconstitutional, and observed
that this sign category (gasoline price signs) and its regulations were a good example of how the
ordinance was content-neutral [see Granite-Clearwater at 1336];
WHEREAS, the City of Clearwater finds and determines that the federal district court in
the Granite-Clearwater decision concluded that the category for “gasoline price signs” was
content-neutral inasmuch as the provision was not an attempt to censor speech or enforce
regulations based on viewpoint inasmuch as a gasoline price sign has no viewpoint and merely
relates factual information; hence, the provision is not an attempt to censor speech or limit the
free expression of ideas-especially in light of the City of Clearwater’s specific prohibition in then
Section 3-1804.H on placing any limitation on a sign based on the content of the message [see
Granite-Clearwater at 1336];
Awnings
WHEREAS, the City of Clearwater finds and determines that in the interest of both
aesthetics and traffic safety it is appropriate to regulate signage, inclusive of graphic elements,
that appear on awnings;
Building and Electrical Code Compliance
WHEREAS, the City of Clearwater finds and determines that it is appropriate to specify
that in addition to land development regulations identified in Division 18, signs shall comply
with all applicable building and electrical code requirements;
Message Content
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision cited former Section 3-1804.H. (providing “no sign shall be subject
to any limitation based on the content of the message”) in determining that the challenger could
not make a facial challenge to Article 4 of the Code; and the district court stated that the City’s
ordinance was content-neutral under Thomas v. Chicago Park, 534 U.S. 316 (2002) [see Granite-
Clearwater at 1325, n.20];
WHEREAS, the City of Clearwater finds and determines that, consistent with prior code
provisions contained within former Section 3-1804.H. [renumbered to Section 3-1805.H.],
notwithstanding any other provision of the Community Development Code, no sign shall be
subject to any limitation based on the content of the message contained on such sign;
Substitution of Noncommercial Speech for Noncommercial Speech
Attachment number 1 \nPage 42 of 68
Item # 8
JAX\1675258_1 -43-
WHEREAS, the City of Clearwater finds and determines that the City has allowed
noncommercial speech to appear wherever commercial speech appears; and the City desires to
continue that practice through the specific inclusion of a substitution clause that expressly allows
non-commercial messages to be substituted for commercial messages;
WHEREAS, the City of Clearwater finds and determines that by confirming in its
ordinance that noncommercial messages are allowed wherever commercial messages are
permitted, the City will continue to overcome any constitutional objection that its ordinance
impermissibly favors commercial speech noncommercial speech [see Outdoor Systems, Inc. v.
City of Lenexa, 67 F. Supp. 2d 1231, 1236-1237 (D. Kan. 1999)];
Signs Permitted Without a Permit
WHEREAS, the City of Clearwater finds and determines that there are many signs and
sign types that may be allowable and permitted without development review pursuant to Article 4
of the Community Development Code;
Address Signs
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes of Division 18, there should be allowed without permitting one address sign of no more
than two square feet of total sign face area for each parcel of land used for residential purposes
and no more than one square foot for each number contained in the property address for each
parcel of land used for non-residential purposes, with the square footage for the address sign
being allowed in addition to the total square signage footage allowed in the renumbered and
modified Section 3-1807;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg’s
sign code contained a provision that exempted “address numbers” from permitting and other
regulatory requirements (see St. Petersburg’s Code at § 16-670(a)(1)) and that this provision was
among more than 50 different provisions that were challenged by Granite State in Granite State
Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL 34558956, *12, n.23
(M.D.Fla. 2002), aff’d in part and rev’d in part, 348 F.3d 1278, 1281-1282 (11th Cir. 2003),
cert. denied, 541 U.S. 1086 (2004);
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State v. St. Petersburg, determined that the foregoing provision exempting “street addresses” did
not render the ordinance unconstitutional per se (id. at *12, n. 23);
WHEREAS, the City of Clearwater finds and determines that the Eleventh Circuit, upon
a de novo appellate review, confirmed that the ordinance was content-neutral based in large part
upon the fact that the government’s stated interest in regulating speech (see St. Petersburg’s Code
at Section 16-667(b)(2)) was to promote uniformity, preserve aesthetics and foster safety, and
based upon the fact that the government’s objective in regulating speech was the controlling
consideration under the governing precedent of Ward v. Rock Against Racism, 491 U.S. 781, 791
(1989);
Attachment number 1 \nPage 43 of 68
Item # 8
JAX\1675258_1 -44-
Temporary Free Expression Signs
WHEREAS, the City of Clearwater finds and determines that under current
jurisprudence [see, e.g., Linmark Associates v. Town of Willingboro, 431 U.S. 85 (1977)], on-site
real estate signs, such as “for sale” signs, should be allowed given the important role and unique
function that real estate signs, such as “for sale” signs, perform on the premises where they are
located; and also that under current jurisprudence [see, e.g., Ladue v. Gilleo, 512 U.S. 43 (1994)],
signs that allow property owners, especially residential homeowners, to freely express a
particular point of view on their own property should be reasonably accommodated and may be
uniquely valuable, which may be accommodated by the allowance of a free expression sign;
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State Outdoor Advertising, Inc. v. City of Clearwater, Fla. (Granite-Clearwater), 213 F.Supp.2d
1312, 1334, n. 6 and 1345-1346 (M.D.Fla. 2002), aff’d in part and rev’d in part on other
grounds, 351 F.3d 1112, 1118-1119 (11th Cir. 2003), cert. denied, 543 U.S. 813 48 (2004),
addressed the constitutionality of provisions governing non-election yard signs in residential
areas, which provisions contained both a six-foot size limitation and a durational limitation of
ninety days during a one year period [see Granite-Clearwater at 1336-1338];
WHEREAS, the City of Clearwater finds and determines that the district court in
Granite-Clearwater agreed with the reasoning of Brayton v. City of New Brighton, 519 N.W.2d
243 (Minn.1994) (upholding an ordinance that allowed one non-commercial sign all year long
and additional non-commercial signs during the election season), and found that the provisions
were constitutional if the ninety-day durational limitation was struck and severed, thereby
allowing one temporary yard sign (in residential areas) all year long [see Granite-Clearwater at
1336-1338], which may function as a free expression sign;
WHEREAS, the City of Clearwater finds and determines that it is appropriate to
expressly provide for the display of one temporary free-expression sign on each parcel within the
City without any durational limitation, and that the allowance of a free expression sign on each
parcel be in addition to the right to display temporary election signs prior to an election to
maximize the opportunity for political speech, subject to reasonable time, place and manner
provisions that address height, size, number, location, setback, and other factors that control the
spread of visual blight and sign clutter, and that such right to display a temporary free expression
sign be in addition to the right to utilize a message substitution clause to display a
noncommercial message in lieu of a commercial message on a lawful sign;
Temporary Election Signs
WHEREAS, the City of Clearwater finds and determines that under current
jurisprudence, election signs are generally accorded a higher level of protection under the First
Amendment than any other classification or type of speech;
WHEREAS, the City of Clearwater finds and determines that durational limitations on
election signs, sometimes referred to as political signs, are frequently problematic when the
limitations affect the posting of election signs prior to the election concerning the candidate or
Attachment number 1 \nPage 44 of 68
Item # 8
JAX\1675258_1 -45-
ballot issue to which they pertain, but durational limits requiring the removal of election signs
following such election are generally permissible [see, e.g., Election Signs and Time Limits,
Evolving Voices in Land Use Law, 3 Wash. U.J.L. & Pol’y 379 (2000)];
WHEREAS, the City of Clearwater finds and determines that free expression signs are
sufficient to allow for political speech unrelated to particular candidates or ballot issues;
WHEREAS, the City of Clearwater finds and determines that, as set forth above, it
intends to expressly provide that property owners may display at least one temporary sign for free
expression at all times (free expression signs), and that in addition thereto it intends to expressly
provide that property owners may maintain additional temporary signs displaying their support or
opposition to political candidates and ballot issues before the election to which they pertain
(election signs);
WHEREAS, the City of Clearwater finds and determines that the provisions for
temporary real estate signs, free expression signs, election signs, and certain other sign types are
not intended to diminish or lessen the City’s interests in aesthetics or traffic safety, but the same
are adopted in recognition of the useful functions and practical needs served by such signage in
the City’s commerce and/or in the political freedom that must be accorded its citizens to freely
express their points of view and political desires;
WHEREAS, the City of Clearwater recognizes that under current jurisprudence its sign
regulations may be under-inclusive in their reach to serve the City’s interests in aesthetics and
traffic safety, while at the same time balancing the interests protected by the First Amendment
[see, e.g., Members of City Council v. Taxpayers for Vincent, 466 U.S. 789 (1984); Cordes, Sign
Regulation After Ladue: Examining the Evolving Limits of First Amendment Protection, 74
Neb.L.Rev. 36 (1995); Longview Outdoor Advertising Co., L.L.C. v. City of Winter Garden,
Florida, 426 F.Supp.2d 1269, 1272 (M.D.Fla. 2006)]; and the City of Clearwater finds and
determines that the City may from time to time modify the sign regulations herein so as to
provide additional limitations to further serve the City’s interests in aesthetics and/or traffic
safety;
Holiday Decorations
WHEREAS, the City of Clearwater finds and determines that “holiday decorations,” as
defined in the accompanying amendments, should not be included within the definition of the
term “sign” for purposes of the land development regulations under Article 3, Division 18, of the
Community Development Code, and that the definition of “sign,” as defined in the
accompanying amendments, has been revised to accomplish the exclusion of such decorations
from the definition of “sign”;
WHEREAS, in light of the foregoing, the City of Clearwater finds and determines that it
is appropriate to delete the provisions of the current Section 3-1805.D. that allows holiday
decorations as signs falling under a land development regulation;
Temporary Grand Opening and Special Event Signs
Attachment number 1 \nPage 45 of 68
Item # 8
JAX\1675258_1 -46-
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State Outdoor Advertising, Inc. v. City of Clearwater, Fla. (Granite-Clearwater), 213 F.Supp.2d
1312, 1334, n. 6 and 1345-1346 (M.D.Fla. 2002), aff’d in part and rev’d in part on other
grounds, 351 F.3d 1112, 1118-1119 (11th Cir. 2003), cert. denied, 543 U.S. 813 48 (2004),
determined that the provisions incorporated into the former Section 3-1805.C.2 allowing
temporary special event and/or public purpose signs of a temporary nature had lacked sufficient
criteria to guide an official’s decision as to the type of sign, size, design and length of display,
and the provision was severed in its entirety as providing an official with too much discretion to
withstand constitutional scrutiny [see Granite-Clearwater at 1338-1339];
WHEREAS, the City of Clearwater finds and determines that the City amended former
Section 3-1805.C.2., previously struck by the district court from the Community Development
Code, to eliminate the undue discretion and to add content-neutral objective criteria [see
Ordinance No. 6997-02, Section 2, adopted on July 18, 2002];
WHEREAS, the City of Clearwater finds and determines that given the unique function
served by temporary grand opening signs and temporary special event or public purpose signs, it
is appropriate to continue to allow such temporary signs without a permit;
WHEREAS, the City of Clearwater finds and determines that one temporary grand
opening sign shall be permitted for thirty (30) days after the issuance of an occupational license
for any new business, new owner of an existing business, or business name change, and that such
sign shall not exceed twelve (12) square feet in total sign face area or such sign may be a
temporary covering, such as a toaster cover, sign boot, or sign sock, which covers an existing
lawful and permitted sign, whether an attached sign or a freestanding sign;
WHEREAS, the City of Clearwater finds and determines that in order to provide
flexibility for the holding of a special event or for the display of information for a public purpose
it is necessary to allow for temporary special event or public purpose signs that meet certain
objective content-neutral criteria, as initially developed and adopted in July 2002 by way of
Ordinance No. 6997-02, Section 2;
WHEREAS, the City of Clearwater finds and determines that temporary special event or
public purpose signs shall be allowed subject to approval by the community development
coordinator provided the temporary signs meet the following criteria: (a) the signs are temporary
signs for a limited time and frequency, (b) the signs are for a special event or a public purpose of
a temporary nature, (c) the signs do not exceed the maximum height and size requirements for
freestanding signs under the Community Development Code, (d) the display of temporary signs
for a special event shall not begin any earlier than two calendar days before the event and shall be
removed within one business day after the event, and (e) the signs will meet the following
purposes of Article 3, Division 18, to wit: (1) the signs will not conceal or obstruct adjacent land
uses or signs [Section 3-1802.F.], (2) the signs will not conflict with the principal permitted use
of the site or adjoining sites [Section 3-1802.J.], (3) the signs will not interfere with, obstruct
vision of or distract motorists, bicyclists or pedestrians [Section 3-1802.K.], and (4) the signs
will be installed and maintained in a safe manner [Section 3-1802.L.];
Attachment number 1 \nPage 46 of 68
Item # 8
JAX\1675258_1 -47-
WHEREAS, the City of Clearwater finds and determines that, consistent with the general
standards in renumbered Section 3-1805, the approval or disapproval of temporary special event
or public purpose signs shall not be based on the content of the message contained (i.e., the
viewpoint expressed) on such signs, that the community development coordinator shall render a
decision within ten (10) days after an application is made for such signs, and that such decision
shall be deemed an administrative interpretation and any person adversely affected has the right
to appeal the decision to the community development board pursuant to Section 4-501(A);
Valet Parking Station Sign
WHEREAS, the City of Clearwater finds and determines that given the prevalence of
valet parking within areas frequented by visiting tourists and given the unique function served by
on-premise signage that indicates the location of a valet station, it is appropriate to allow for a
single sign indicating a valet parking station, provided such sign meets reasonable criteria that is
based upon the purposes of Division 18 and further provided that such sign is visible only during
the hours that the valet is operating;
Temporary Construction Signs
WHEREAS, the City of Clearwater finds and determines that it is necessary and
appropriate to allow one temporary construction sign located on a parcel proposed for
development during the period that a building permit is in force, provided that such sign does not
exceed a reasonable size restriction based upon the nature of the land use as residential or non-
residential;
WHEREAS, the City of Clearwater finds and determines that it is necessary and
appropriate to establish reasonable criteria for the dimensions of such signs based upon the
zoning districts and/or land use;
WHEREAS, the City of Clearwater finds and determines that the balance achieved for
the modest display of temporary construction signs as limited by land use classification and
placement strikes the appropriate balance that meets the principles of the City’s land use
regulations;
WHEREAS, the City of Clearwater finds and determines that it is not necessary to
require a permit for temporary construction signs as allowed under Division 18 of Article 3 of the
City’s Community Development Code;
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State Outdoor Advertising, Inc. v. City of Clearwater, Fla. (Granite-Clearwater), 213 F.Supp.2d
1312, 1334, n. 6 and 1345-1346 (M.D.Fla. 2002), aff’d in part and rev’d in part on other
grounds, 351 F.3d 1112, 1118-1119 (11th Cir. 2003), cert. denied, 543 U.S. 813 48 (2004),
rejected the assertion that the allowance of a temporary construction sign as provided in former
Section 3-1805.F.1 ran afoul of equal protection considerations inasmuch as that provision was
among the City’s time, place and manner regulations that were both reasonable and narrowly
tailored to advance the substantial and carefully enumerated government interests set forth in
Attachment number 1 \nPage 47 of 68
Item # 8
JAX\1675258_1 -48-
Section 3-1802 of the Community Development Code, and the district court further noted that
private residences are given ample alternatives to express their viewpoint by a window sign, a
temporary yard sign, or a flag [see Granite-Clearwater at 1340];
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that Article 3 in general was not content-based, and that there
were legally required or justifiable exceptions such as construction signs [former Section 3-
1805.F] [see Granite-Clearwater at 1334, n.36 and 1345-1347];
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg’s
sign code contained a similar provision that exempted “construction/contractor signs” not to
exceed a certain size while the work was in progress or during the period of time that a building
permit was valid from permitting and other regulatory requirements (see St. Petersburg’s Code at
§ 16-670(a)(5)) and that this provision was among the provisions that were challenged by Granite
State in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL
34558956, *15-16 (M.D.Fla. 2002), aff’d in part and rev’d in part, 348 F.3d 1278, 1281-1282
(11th Cir. 2003), cert. denied, 541 U.S. 1086 (2004) [see also Granite State Outdoor
Advertising, Inc. v. City of St. Petersburg, Fla., Case No. 8:01-cv02250-JSM (M.D.Fla.), Doc. 1,
Exh. A and Doc. 54, p. 11, n. 6];
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State v. St. Petersburg, determined that provisions such as the one that exempted
“construction/contractor signs” did not render the ordinance unconstitutional per se (id. at *12, n.
23);
WHEREAS, the City of Clearwater finds and determines that the Eleventh Circuit, upon
a de novo appellate review, confirmed that the St. Petersburg ordinance was content-neutral
based in large part upon the fact that the government’s stated interest in regulating speech (see St.
Petersburg’s Code at Section 16-667(b)(2)) was to promote uniformity, preserve aesthetics and
foster safety, and based upon the fact that the government’s objective in regulating speech was
the controlling consideration under the governing precedent of Ward v. Rock Against Racism,
491 U.S. 781, 791 (1989);
Flags
WHEREAS, the City of Clearwater finds and determines that in a prior version of the
land development regulations, in effect in 1991, there was an impermissible distinction drawn
within the text of those regulations as to flags of a governmental unit or body, such as the
American Flag or the flag of the State of Florida, and non-governmental flags, such as
hypothetical examples of a Greenpeace logo or a union affiliation, and that this content-based
distinction between flags was struck down in Dimmitt v. City of Clearwater, 782 F. Supp. 586
(M.D.Fla. 1991), affirmed and modified, 985 F.2d 1565 (11th Cir. 1993);
WHEREAS, the City of Clearwater finds and determines that in 1992 the City of
Clearwater adopted amendments designed to eliminate impermissible content distinctions
Attachment number 1 \nPage 48 of 68
Item # 8
JAX\1675258_1 -49-
between government flags and non-government flags (see Ordinance No. 5257-92 adopted
September 17, 1992);
WHEREAS, the City of Clearwater finds and determines that there is no intent to
distinguish between flag messages, and the content neutrality of flag regulations established by
ordinance in September 1992 is continued within the accompanying sign regulations;
WHEREAS, the City of Clearwater finds and determines that for flags displayed on a
flag pole not exceeding thirty-five feet in height or on an attached bracket it is appropriate to
allow one flag per detached dwelling unit, three flags per parcel of land used for multifamily
residential purposes, and three flags per parcel of land used for non-residential purposes, and this
allowance strikes the appropriate balance between allowing flags on the one hand, and
controlling clutter on the other hand, and that this balance meets the principles of the City’s land
use regulations, and that if so used the area of the flag shall not be included in, and limited by,
the computation of allowable area for freestanding or attached signs on the property;
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State Outdoor Advertising, Inc. v. City of Clearwater, Fla. (Granite-Clearwater), 213 F.Supp.2d
1312, 1334, n. 6 and 1345-1346 (M.D.Fla. 2002), aff’d in part and rev’d in part on other
grounds, 351 F.3d 1112, 1118-1119 (11th Cir. 2003), cert. denied, 543 U.S. 813 48 (2004), noted
that Article 3 in general was not content-based, and that the exceptions for flags [§ 3-1805.G],
was not content-based [see Granite-Clearwater at 1334, n.36 and 1345-1347];
Garage-Yard Sale Signs
WHEREAS, the City of Clearwater finds and determines that just as there should be
reasonable accommodation for temporary on-premise real estate signs to facilitate the purchase,
sale or rental of real property , there should also be reasonable accommodation for the temporary
display of signage for a garage or yard sale of personal property that is limited to the day of the
sale, that is limited in size to no more than a total of four square feet of sign face area per sign,
and that is limited to no more than one such sign on the property where the sale is conducted and
no more than two such signs on other privately owned parcels of land;
WHEREAS, the City of Clearwater finds and determines that there should be no restraint
on the content of such temporary signage for the sale of personal property, and that the provisions
are designed to be content-neutral;
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State Outdoor Advertising, Inc. v. City of Clearwater, Fla. (Granite-Clearwater), 213 F.Supp.2d
1312, 1334, n. 6 and 1345-1346 (M.D.Fla. 2002), aff’d in part and rev’d in part on other
grounds, 351 F.3d 1112, 1118-1119 (11th Cir. 2003), cert. denied, 543 U.S. 813 48 (2004), noted
that Article 3 in general was not content-based, notwithstanding de minimis exceptions such as
the provision for garage/yard sale signs [§ 3-1805.H] [see Granite-Clearwater at 1334, n.36 and
1345-1346];
Attachment number 1 \nPage 49 of 68
Item # 8
JAX\1675258_1 -50-
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg’s
sign code contained a provision that exempted “garage or yard sale signs” not exceeding four
square feet from permitting and other regulatory requirements (see St. Petersburg’s Code at § 16-
670(a)(18)) and that this provision was among more than 50 different provisions that were
challenged by Granite State in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg,
Fla., 2002 WL 34558956, *12, n.23 (M.D.Fla. 2002), aff’d in part and rev’d in part, 348 F.3d
1278, 1281-1282 (11th Cir. 2003), cert. denied, 541 U.S. 1086 (2004) [see also Granite State
Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., Case No. 8:01-cv02250-JSM
(M.D.Fla.), Doc. 1, Exh. A and Doc. 54, p. 11, n. 6];
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State v. St. Petersburg determined that the provision exempting “garage or yard sale signs” did
not render the ordinance unconstitutional per se (id. at *12, n. 23);
WHEREAS, the City of Clearwater finds and determines that the Eleventh Circuit, upon
a de novo appellate review, confirmed that the ordinance was content-neutral based in large part
upon the fact that the government’s stated interest in regulating speech (see St. Petersburg’s Code
at Section 16-667(b)(2)) was to promote uniformity, preserve aesthetics and foster safety, and
based upon the fact that the government’s objective in regulating speech was the controlling
consideration under the governing precedent of Ward v. Rock Against Racism, 491 U.S. 781, 791
(1989);
Machinery-Equipment Signs
WHEREAS, the City of Clearwater finds and determines that “machinery and equipment
signs,” as defined in the accompanying amendments, should not be included within the definition
of the term “sign” for purposes of the land development regulations under Article 3, Division 18,
of the Community Development Code, and that the definition of “sign,” as defined in the
accompanying amendments, has been revised to accomplish the exclusion of such objects from
the definition of “sign”;
WHEREAS, in light of the foregoing, the City of Clearwater finds and determines that it
is appropriate to delete the provisions of the current Section 3-1805.I. that allow signs which are
integral and incidental to equipment, or machinery and cover not more than 20 percent of the
exterior surface of such equipment, facilities or machinery;
Attached Menu Signs
WHEREAS, the City of Clearwater finds and determines that menu signs serve a unique
function in connection with land used for restaurants within the City, and that given the unique
function served by such menu signage it is important to allow for the same in addition to any
other permanent freestanding or attached signage allowed on a non-residential parcel;
WHEREAS, the City of Clearwater finds and determines that it is therefore appropriate
to continue to allow for attached menu signs with reasonable criteria as to their dimensions based
upon their function;
Attachment number 1 \nPage 50 of 68
Item # 8
JAX\1675258_1 -51-
Onsite Directional and Traffic Control Signs
WHEREAS, the City of Clearwater finds and determines that it is necessary and
appropriate to allow onsite directional and traffic control signs subject to reasonable dimensional
criteria in recognition of their function;
WHEREAS, the City of Clearwater finds and determines that the provisions set forth in
Section 3-1806.J. for onsite directional and traffic control signs are consistent with the general
principles and purposes set forth in Division 18;
Parking Space Number Signs
WHEREAS, the City of Clearwater finds and determines that it is necessary and
appropriate to continue to allow signs identifying parking space numbers provided that such
signs are painted on the paved surface of each space or do not exceed one-half square foot of sign
face area per sign;
WHEREAS, the City of Clearwater finds and determines that the provisions set forth in
Section 3-1806.K. for signs identifying parking space numbers are consistent with the general
principles and purposes set forth in Division 18;
Marina Slip and Directional Signs
WHEREAS, the City of Clearwater finds and determines that it is necessary and
appropriate to allow signs identifying marina slip numbers provided that such signs are painted
on the dock in front of each slip or do not exceed one square feet of sign face area per sign;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that Article 3 in general was not content-based,
notwithstanding de minimis exceptions such as marina slip numbers [former Section 3-1805.T.]
[see Granite-Clearwater at 1334, n.36 and 1345-1346];
WHEREAS, the City of Clearwater finds and determines that the provisions set forth in
Section 3-1806.L for marina slip and directional signs are consistent with the general principles
and purposes set forth in Division 18, and are based upon and oriented to the function served by
such signs in connection with marinas;
Temporary Yard Signs
WHEREAS, the City of Clearwater finds and determines that it is appropriate to delete
the provisions of the current Section 3-1805.N. that pertained to temporary yard signs and to
separate those provisions into separate sections pertaining to temporary free expression signs and
temporary election signs, as Section 3-1806.B. and Section 3-1806.C., given the different
functions that each such sign type serves, and to codify current practice;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision addressed the constitutionality of provisions governing yard signs
Attachment number 1 \nPage 51 of 68
Item # 8
JAX\1675258_1 -52-
for a political candidate or issue, which provisions contained both size limitations and durational
limitations [see Granite-Clearwater at 1336-1338];
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision found that based on the totality of the case law and commentary on
this issue the sixty (60) day time limit on such signs before an election was unconstitutional and
that the seven (7) day limit on removing the sign after the election was constitutional and a
reasonable limitation justified by Clearwater’s purpose of controlling aesthetics, and severed the
sixty day time period [see Granite-Clearwater at 1336-1338];
WHEREAS, the City of Clearwater finds and determines that the guidance of the district
court is incorporated into the codified revisions that appear in the new Section 3-1806.C.,
governing temporary election signs;
Temporary Real Estate Signs
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes of Division 18, it is necessary and appropriate to allow one temporary real estate sign
per parcel of land indicating that a parcel of land or a building located on the parcel of land or
part thereof is for sale, for lease or otherwise available for conveyance, provided that such sign
does not exceed a reasonable dimensional or other restrictions based upon the designation and/or
use of the land, such as family dwellings, duplexes and townhouse units, multi-family purposes
other than town house units, or non-residential purposes;
WHEREAS, the City of Clearwater finds and determines that the balance achieved for
the modest display of real estate signs as limited by land use and placement strikes the
appropriate balance that meets the general principles and purposes of the City’s land use
regulations as set forth in Division 18;
WHEREAS, the City of Clearwater finds and determines that the dimensional criteria set
forth in the new Section 3-1806.M. for temporary real estate signs are appropriate based upon
their function and based upon the general principles and purposes set forth in Division 18;
WHEREAS, the City of Clearwater finds and determines that allowing exemptions or
exceptions for certain signage based upon the function served by the signage (e.g., warning signs,
directional signs, real estate signs, and other sign types described herein), is preferred to requiring
permits for all such signs or alternatively, banning all such signs;
WHEREAS, the City of Clearwater finds and determines that under current
jurisprudence [see, e.g., Linmark Associates v. Town of Willingboro, 431 U.S. 85 (1977)], on-site
real estate signs, such as “for sale” signs, should be allowed given the important role and unique
function that real estate signs, such as “for sale” signs, perform on the premises where they are
located;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that Article 3 in general was not content-based, and that “for
Attachment number 1 \nPage 52 of 68
Item # 8
JAX\1675258_1 -53-
sale signs” were among the legally required or justifiable exceptions [see Granite-Clearwater at
1334, n.36 and 1345-1347];
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision rejected the argument that an exception of “for sale signs” was
impermissibly content-based, describing that argument as an “almost-conclusory mandate” or
“conclusory theory” [see Granite-Clearwater at 1327-1334];
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that signs are speech and can only be categorized or
differentiated by what they say; that this makes it impossible to overlook a sign’s content or
message in formulating regulations and making exceptions for distinctions required by law (i.e.,
for sale signs), and that there is no other way to make an exemption or classify a “for sale” sign
as a “for sale” sign without reading the words “For Sale” on the sign [see Granite-Clearwater at
1333];
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision noted that in looking at the general principles of the First
Amendment, as guided by Members of the City Council of Los Angeles v. Taxpayers for Vincent,
466 U.S. 789 (1984), the real issue is whether the distinctions or exceptions to a regulation are a
disguised effort to control the free expression of ideas or to censor speech; and further noted that
common sense and rationality would dictate that the only method of distinguishing signs for
purposes of enforcing even content-neutral regulations, such as number, size or height
restrictions, is by their message [see Granite-Clearwater];
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg’s
sign code contained a provision that exempted “real estate signs” (sometimes known as for sale
signs) from permitting and other regulatory requirements (see St. Petersburg’s Code at § 16-
670(a)(12)) and that this provision was among more than 50 different provisions that were
challenged by Granite State in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg,
Fla., 2002 WL 34558956, *12, n.23 (M.D.Fla. 2002), aff’d in part and rev’d in part, 348 F.3d
1278, 1281-1282 (11th Cir. 2003), cert. denied, 541 U.S. 1086 (2004) [see also Granite State
Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., Case No. 8:01-cv02250-JSM
(M.D.Fla.), Doc. 1, Exh. A and Doc. 54, p. 11, n. 6];
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State v. St. Petersburg, determined that the foregoing provision exempting “real estate signs” did
not render the ordinance unconstitutional per se (id. at *12, n. 23);
WHEREAS, the City of Clearwater finds and determines that the Eleventh Circuit, upon
a de novo appellate review, confirmed that the similar ordinance at issue in St. Petersburg was
content-neutral based in large part upon the fact that the government’s stated interest in
regulating speech (see St. Petersburg’s Code at Section 16-667(b)(2)) was to promote uniformity,
preserve aesthetics and foster safety, and based upon the fact that the government’s objective in
regulating speech was the controlling consideration under the governing precedent of Ward v.
Rock Against Racism, 491 U.S. 781, 791 (1989);
Attachment number 1 \nPage 53 of 68
Item # 8
JAX\1675258_1 -54-
Stadium Signs Not Visible Outside Stadium
WHEREAS, the City of Clearwater finds and determines that in the interest of aesthetics
and traffic safety it is not necessary to regulate through the issuance of sign permits for those
signs within a stadium provided the same are not oriented toward and readable from outside of a
stadium;
Window Signs
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes of Division 18, window signs should have a size limitation that limits such signs or
combination of such signs to twenty-five percent (25%) of the total area of the window where the
sign or signs are located and face a right-of-way, with the twenty-five percent limitation allowed
for the window sign(s) that face each right-of-way where there is a corner lot or through lot;
provided further that in no case shall the cumulative area of all window signs located inside an
enclosed area for purposes of advertising exceed fifty square feet, if oriented toward and visible
from an adjoining roadway or navigable waterway or body of water;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision struck the former prohibition in former Section 3-1803.U.
(prohibiting temporary window signs in residential areas) due to its conflict with former Section
3-1805.Q. (allowing window signs of up to eight square feet in area, not to exceed 25% of the
window area, without making a residential/non-residential distinction within former Section 3-
1805.Q.) [see Granite-Clearwater at 1335], but upheld the restriction in former Section 3-
1805.Q that allowed window signs of up to eight square feet in area, but not to exceed twenty-
five percent (25%) of the window area;
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes of Division 18, it is appropriate to continue a similar size limitation in former Section
3-1805.Q for window signs as modified in a revised Section 3-1806.O.;
Safety and Warning Signs
WHEREAS, the City of Clearwater finds and determines that in the interest of aesthetics
and traffic safety it is appropriate to continue to provide for the allowance of safety or warning
signs subject to reasonable dimensional criteria;
WHEREAS, the City of Clearwater finds and determines that the City of St. Petersburg’s
sign code contained a provision that exempted “warning signs” not to exceed six square feet
from permitting and other regulatory requirements (see St. Petersburg’s Code at § 16-670(a)(15))
and that this provision was among more than 50 different provisions that were challenged by
Granite State in Granite State Outdoor Advertising, Inc. v. City of St. Petersburg, Fla., 2002 WL
34558956, *12, n.23 (M.D.Fla. 2002), aff’d in part and rev’d in part, 348 F.3d 1278, 1281-1282
(11th Cir. 2003), cert. denied, 541 U.S. 1086 (2004) [see also Granite State Outdoor
Advertising, Inc. v. City of St. Petersburg, Fla., Case No. 8:01-cv02250-JSM (M.D.Fla.), Doc. 1,
Exh. A and Doc. 54, p. 11, n. 6];
Attachment number 1 \nPage 54 of 68
Item # 8
JAX\1675258_1 -55-
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State v. St. Petersburg, determined that the foregoing provision exempting “warning signs” did
not render the ordinance unconstitutional per se (id. at *12, n. 23);
WHEREAS, the City of Clearwater finds and determines that the Eleventh Circuit, upon
a de novo appellate review, confirmed that the ordinance was content-neutral based in large part
upon the fact that the government’s stated interest in regulating speech (see St. Petersburg’s Code
at Section 16-667(b)(2)) was to promote uniformity, preserve aesthetics and foster safety, and
based upon the fact that the government’s objective in regulating speech was the controlling
consideration under the governing precedent of Ward v. Rock Against Racism, 491 U.S. 781, 791
(1989);
Substitution Clause
WHEREAS, the City of Clearwater finds and determines that, consistent with the
principles and purposes of Division 18 and constitutional considerations, it is appropriate to
continue the substitution clause in the current Section 3-1805.S. in the renumbered Section 3-
1806.Q., specifying that “a change in a sign message or panel on a previously approved, lawful
sign, e.g., any sign allowed under this ordinance may contain, in lieu of any other copy, any
otherwise lawful noncommercial message that complies with all other requirements of this
ordinance.” And clarifying that the provision does not permit “design” changes from a sign
previously approved under the Comprehensive Sign Program;
Vessel Slip Signs
WHEREAS, the City of Clearwater finds and determines that the provisions of the
current Section 3-1805.T. will be obsolete upon the adoption of the new Section 3-1806.L.;
Balloons, Cold Air Inflatables, Streamers,
Pennants - As Governmental and Public Purpose Signs
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes of Division 18, it is an appropriate balance to allow “balloons, cold air inflatables,
streamers, and pennants” as governmental and public purpose signs if the city manager finds that
this sign type meets the following criteria: (1) the sign type is for a special event, (2) the special
event is for a limited time, (3) the special event is for a limited frequency, and (4) the sign type, if
allowed for a limited time and frequency, will meet the following purposes of Division 3, to wit:
(a) the signs will not conceal or obstruct adjacent land uses or signs (Section 3-1802.F.), (b) the
signs will not conflict with the principal permitted use of the site or adjoining sites [Section 3-
1802.J.], (c) the signs will not interfere with, obstruct vision of or distract motorists, bicyclists or
pedestrians [Section 3-1802.K.], and (d) the signs will be installed and maintained in a safe
manner [Section 3-1802.L.], provided that consistent with the general standards in the new
Section 3-1805, the approval or disapproval shall not be based on the content of the message
contained (i.e., the viewpoint expressed) on any such sign, and further provided that the city
manager renders a decision within ten days after an application is made for utilizing this sign
type at a special event;
Attachment number 1 \nPage 55 of 68
Item # 8
JAX\1675258_1 -56-
Signs on Publicly Owned Land, Easements, Inside Street Rights-of-Way
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes of Division 18, it is appropriate to allow a sign on publicly owned land or easements or
inside street rights-of-way if the city manager finds that the sign meets certain criteria as set forth
in the proposed Section 3-1806.S. and provided that consistent with the general standards in the
proposed Section 3-1805 the approval or disapproval shall not be based on the content of the
message contained (i.e., the viewpoint expressed) on such sign;
Directional/Informational Signs Serving a Public Purpose
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes set forth in Division 18, it is appropriate to allow a permanent sign on public easements
or inside street rights-of-way provided the city manager finds that the sign meets the criteria set
forth in the renumbered Section 3-1806.T.;
Signs During Construction Projects
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes set forth in Division 18, it is appropriate to continue to allow temporary sidewalk signs
during construction subject to reasonable criteria based upon the function that such temporary
signs serve for properties abutting public construction projects that are scheduled to last one
hundred eighty days or longer;
City Park/Recreational Facility Signs
WHEREAS, the City of Clearwater finds and determines that, consistent with the
purposes set forth in Division 18, it is appropriate to allow one attached sign per city park or city
recreation facility for the purposes of identifying a program provider or information concerning
programs at such park or recreation facility based upon dimensional criteria that takes into
account the sign function and subject to a design established by the appropriate governmental
agency for a sign on city-owned property;
Adopt-a-Park and Acknowledgement Signs
WHEREAS, the City of Clearwater finds and determines that consistent with the City’s
interest in aesthetics and traffic safety it is appropriate to make provision for adopt-a-park and
acknowledgement signs within Division 18;
WHEREAS, the City of Clearwater finds and determines that provisions should be
included within a new Section 3-1806.W. of the land development regulations to provide
content-neutral criteria for adopt-a-park and acknowledgement signs on city rights-of-way and
city-owned property, where the criteria is based upon the unique function served by such signage
and sign types;
WHEREAS, the City of Clearwater finds and determines that the provisions allowing for
adopt-a-park and acknowledgement signs are limited to a unique class of signs located on city
Attachment number 1 \nPage 56 of 68
Item # 8
JAX\1675258_1 -57-
rights-of-way and city-owned property (see Pleasant Grove City, Utah v. Summum, 555 U.S.
460, 467, 129 S.Ct. 1125, 1131 (2009) (the First Amendment’s Free Speech Clause does not
extend to government speech));
Attachment number 1 \nPage 57 of 68
Item # 8
JAX\1675258_1 -58-
Permitted Signs Requiring Development Review
WHEREAS, the City of Clearwater finds and determines that there are permitted signs
and sign types that should have development review as part of the City of Clearwater’s land
development regulations, and that development review of such sign types is continued in
Division 18 of Article 3 of the City’s Community Development Code as a renumbered Section 3-
1807;
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision determined that the categories and regulations set forth in then
Section 3-1806.A.1.-3. for freestanding subdivision development entry signs, freestanding
multifamily entry signs, school and park monument identification signs, and transit shelter signs
were not impermissible content-based provisions inasmuch as these provisions did not limit the
expression of ideas or censor speech [see Granite-Clearwater at 1338];
WHEREAS, the City of Clearwater finds and determines that the criteria set forth in the
renumbered Section 3-1807 (renumbered from Section 3-1806] for various sign types in different
zoning districts and for different land uses and various are based upon the purposes set forth in
Division 18 and are not content-based distinctions but are instead based upon the function and
location of the signs described;
WHEREAS, the City of Clearwater finds and determines that in connection with transit
shelter signs the City settled litigation with Clear Channel Outdoor, Inc., formerly known as Eller
Media Company (previously known as Patrick Media) in that certain case captioned Patrick
Media Group, Inc. v. City of Clearwater, Case No. 93-174-CI (21), in the Circuit Court of the
Sixth Judicial Circuit in and for Pinellas County, Florida, in a stipulated settlement whereby Eller
Media Company agreed to remove numerous billboard structures throughout the City of
Clearwater upon certain conditions precedent, including the City of Clearwater’s adoption of an
ordinance that would allow up advertising on up to 50 transit shelters that might be placed within
the boundaries of the City of Clearwater pursuant to an interlocal agreement between the City of
Clearwater and Pinellas County dated January 14, 1992;
WHEREAS, the City of Clearwater finds and determines that it agreed to allow signs on
transit shelters as necessary to secure the removal of much larger billboard structures that were
inconsistent with the City of Clearwater’s land development regulations and the City’s aesthetic
goals, and such signs were permitted on transit shelters approved in accordance with Article 3,
Division 22 of the Clearwater Development Code, and subject to restrictions that were identified
in the provisions of the current Section 3-1806.B.3.a.-d. and that are carried forward in the
renumbered Section 3-1807.B.5.a.-d. of the Clearwater Development Code;
WHEREAS, the City of Clearwater did not agree to or accept any further incursion of
advertising on street furniture within its public rights-of-way other than as set forth in the
interlocal agreement and secured the removal of more than twenty billboard structures as the end
result of the stipulated settlement terms and the adoption of Ordinance No. 6306-98, the Transit
Shelter Ordinance;
Attachment number 1 \nPage 58 of 68
Item # 8
JAX\1675258_1 -59-
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision addressed then Section 3-1806.B.5 which allowed certain signs by
permit through the development review process, including “[c]hangeable copy signs provided
located on public property serving a significant public purpose,” and rejected the argument that
that the phrase “significant public purpose” gave officials impermissible discretion, and further
found that this discretion was reasonable especially given that this section only applied to signs
on public property [see Granite-Clearwater at 1339];
WHEREAS, the City of Clearwater finds and determines that its determination of
significant public purpose may extend to certain properties that host large entertainment venues,
provided that criteria are established to prohibit impermissible discretion;
Comprehensive Sign Program
WHEREAS, the City of Clearwater finds and determines that the City of Clearwater has
previously adopted a comprehensive sign program that was the subject of judicial scrutiny in
Granite State Outdoor Advertising, Inc. v. City of Clearwater, Fla. (Granite-Clearwater), 213
F.Supp.2d 1312, 1334, n. 6 and 1345-1346 (M.D.Fla. 2002), aff’d in part and rev’d in part on
other grounds, 351 F.3d 1112, 1118-1119 (11th Cir. 2003), cert. denied, 543 U.S. 813 48 (2004);
WHEREAS, the City of Clearwater finds and determines that the district court in the
Granite-Clearwater decision addressed a challenge made in 2001 to the discretion afforded in
the City’s Comprehensive Sign Program, as the same was then set forth in Section 3-1807, and
the court determined that the flexibility criteria were sufficiently objective and clear, including
those references to “community character,” “existing unattractive signage,” and “improvement of
appearance” [see Granite-Clearwater at 1339];
WHEREAS, the City of Clearwater finds and determines that the City has made several
changes to the Comprehensive Sign Program to refine that program based upon experience,
including modifications as set forth in Ordinance No. 6928-02, §§ 88-91, Ordinance No. 6997-
02, §§ 5-7, Ordinance No. 7631-06, § 17, and Ordinance No. 7835-07, § 29, while maintaining
objective and clear flexibility criteria;
WHEREAS, the City of Clearwater finds and determines that, based upon further
experience with the Comprehensive Sign Program and based upon the recommendations from its
professional planning staff, several additional changes to the Comprehensive Sign Program
would be appropriate;
WHEREAS, the City of Clearwater finds and determines that the permitted signage
under the Comprehensive Sign Program should continue to preclude and bar all prohibited sign
types, including all prohibited signs identified in the renumbered Section 3-1804, as set forth in
the attachment hereto, and other prohibited signs or sign types that would not be appropriate for
the Comprehensive Sign Program;
Attachment number 1 \nPage 59 of 68
Item # 8
JAX\1675258_1 -60-
Severability
WHEREAS, the City of Clearwater finds and determines that the district court in Granite
State Outdoor Advertising, Inc. v. City of Clearwater, Fla. (Granite-Clearwater), 213 F.Supp.2d
1312 (M.D.Fla. 2002), aff’d in part and rev’d in part on other grounds, 351 F.3d 1112 (11th Cir.
2003), cert. denied, 543 U.S. 813 (2004), cited the severability provisions of both Section 1-107
of the Code and the Development Code, Ord. No. 6348-99, § 4 (January 21, 1999), as a basis for
severing isolated portions of Article 3 of the Community Development Code [see Granite-
Clearwater at 1326, n.22];
WHEREAS, the City of Clearwater finds and determines that the Community
Development Code’s severability clause was adopted with the intent of upholding and sustaining
as much of the City’s regulations, including its sign regulations, as possible in the event that any
portion thereof (including any section, sentence, clause or phrase) be held invalid or
unconstitutional by any court of competent jurisdiction;
WHEREAS, the City of Clearwater finds and determines that under Florida law,
whenever a portion of a statute or ordinance is declared unconstitutional, the remainder of the act
will be permitted to stand provided (1) the unconstitutional provisions can be separated from the
remaining valid provisions, (2) the legislative purpose expressed in the valid provisions can be
accomplished independently of those which are void, (3) the good and the bad features are not so
inseparable in substance that it can be said that the legislative body would have passed the one
without the other, and (4) an act complete in itself remains after the valid provisions are stricken
[see, e.g., Waldrup v. Dugger, 562 So. 2d 687 (Fla. 1990)];
WHEREAS, the City of Clearwater finds and determines that there have been several
judicial decisions where courts have not given full effect to severability clauses that applied to
sign regulations and where the courts have expressed uncertainty over whether the legislative
body intended that severability would apply to certain factual situations despite the presumption
that would ordinarily flow from the presence of a severability clause;
WHEREAS, the City of Clearwater finds and determines that the failure of some courts
to uphold severability clauses has led to an increase in litigation seeking to strike down sign
ordinances in their entirety so as to argue that the developers’ applications to erect prohibited
sign types, such as billboards, must be granted;
WHEREAS, the City of Clearwater finds and determines that the City has consistently
adopted and enacted severability provisions in connection with its ordinance code provisions, and
that the City of Clearwater wishes to ensure that severability provisions apply to its land
development regulations, including its sign regulations;
WHEREAS, the City of Clearwater finds and determines that there be an ample record of
its intention that the presence of a severability clause in connection with the City’s sign
regulations be applied to the maximum extent possible, even if less speech would result from a
determination that any exceptions, limitations, variances or other provisions are invalid or
unconstitutional for any reason whatsoever;
Attachment number 1 \nPage 60 of 68
Item # 8
JAX\1675258_1 -61-
WHEREAS, the City of Clearwater finds and determines that the prohibition on
billboards, as contained herein, continue in effect regardless of the invalidity or
unconstitutionality of any, or even all, other provisions of the City’s sign regulations, other
ordinance code provisions, or other laws, for any reason(s) whatsoever;
WHEREAS, the City of Clearwater finds and determines that there be an ample record
that it intends that the height and size limitations on free-standing and other signs continue in
effect regardless of the invalidity or unconstitutionality of any, or even all other, provisions of the
City’s sign regulations, other ordinance code provisions, or other laws, for any reason(s)
whatsoever;
WHEREAS, the City of Clearwater finds and determines that there be an ample record
that it intends that each prohibited sign-type identified in Section 3-1804 (Prohibited signs)
continue in effect regardless of the invalidity or unconstitutionality of any, or even all, other
provisions of the City’s sign regulations, other ordinance code provisions, or other laws, for any
reason(s) whatsoever;
WHEREAS, even though there are other provisions that pertain to severability and that
extend to Article 3, Division 18, of the Community Development Code, the City of Clearwater
finds and determines that it is appropriate to emphasize the importance of severability and the
desires expressed herein above that severability be applied even if less speech results, and that a
new Section 3-1809 (Severability) be added to Article 3, Division 18, as set forth in the new
Division 18 attached hereto and made a part hereof;
WHEREAS, the City of Clearwater finds and determines that it is aware that there have
been billboard developers who have mounted legal challenges to a sign ordinance, either in its
entirety or as to some lesser portion, and argued that there existed a vested right to erect a
billboard through the mere submission of one or more prior permit applications, so that in the
event that the billboard developer is successful in obtaining a judicial decision that the entirety or
some lesser portion of a sign ordinance or its permitting provisions are invalid or
unconstitutional, the billboard developer might then seek to compel the local governmental unit
to issue a permit to allow the billboard developer to erect a permanent billboard structure within
the local government’s jurisdiction;
WHEREAS, the City of Clearwater finds and determines that it desires to make clear
that billboards are not a compatible land use within the City and that there can be no good faith
reliance by any prospective billboard developer under Florida vested rights law in connection
with the prospective erection or construction of new or additional billboards within the
jurisdictional limits of the City;
WHEREAS, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Attachment number 1 \nPage 61 of 68
Item # 8
JAX\1675258_1 -62-
Section 1. Article 8, Section 8-102, City of Clearwater Community Development Code,
is hereby amended to read as follows, with deletions noted by strike-throughs and additions noted
by double -underlining.:
Art work means drawings, pictures, symbols, paintings or sculpture which do not
identify a product or business and which are not displayed in conjunction with a
commercial, for profit or nonprofit enterprise.
Artwork means a two- or three-dimensional representation of a creative idea that
is expressed in a form and manner so as to provide aesthetic beauty, appeal or enjoyment
rather than to specifically convey the name of the business or a commercial message
about the products or services offered on the property upon which the artwork is
displayed; however, artwork shall not include any object, drawing, picture, symbol,
painting (including the painting of patterns or designs), or sculpture, which promotes a
speaker’s economic interests, provides a commercial message or otherwise identifies a
product, service or business sold or available on the property where the same is displayed.
* * *
Decorations, holiday and seasonal mean decorations that pertain to legally or
otherwise recognized holidays or to a season of the year.
* * *
Element, graphic, in connection with a sign, means any non-text logo, symbol,
mark, illustration, image, or other design element, used either alone or in combination
with text, to draw attention to a sign surface, fabric, device or display.
* * *
Sign means any surface, fabric, device or display which bears lettered, pictorial or
sculptured matter, including forms shaped to resemble any human, animal or product
designed to convey information to the public and is visible from an abutting property,
from a public street, sidewalk or right-of-way, or from a body of water. For the purpose of
this development code, the term "sign" shall include all structural members. A sign shall
be construed to form a single unit. In cases where matter is displayed in a random or
unconnected manner without organized relationship of the components, each such
component shall be considered a single sign. Except for banner, flags, temporary and
portable signs, all signs shall be permanently affixed to, and/or incorporated into, the sign
cabinet, or building wall or other base material. All signs shall be constructed of materials
designed to be permanent, withstand weather conditions, and shall have permanent
supports appropriate for its size. The term sign shall not include: artwork, holiday or
seasonal decorations, cemetery markers, machinery or equipment signs, memorial signs
or tablets.
Attachment number 1 \nPage 62 of 68
Item # 8
JAX\1675258_1 -63-
Sign, abandoned means any sign and/or sign structure which no longer advertises
a bona fide business activity conducted or product available, is no longer licensed, no
longer has a certificate of occupancy, or is no longer doing business or maintaining a
presence on the premises where the sign is displayed and such circumstances have
continued for a period of 30 days.
Sign, adopt a park or acknowledgment means a sign that functions to recognize
recognizes a sponsoring agency which has been given the opportunity to install and
maintain landscaping in city rights-of-way or on a city-owned property at the site where
the landscaping is located.
* * *
Sign area or surface area means the area, in square feet, enclosed by a rectangle,
parallelogram, triangle, circle, semicircle, cross, other geometric figures, or other
architectural design, the side of which make contact with the extreme points or edges of
the sign, excluding the supporting structure which does not form part of the sign proper or
of the display. Unless otherwise indicated, area means area per sign face. The sign area of
a double-faced sign, as defined herein, shall be based on the area of a single sign face.
Illuminated portions of a sign structure shall be considered part of the sign area. Also, any
portion of the surface area of a freestanding sign structure that exceeds 50 percent of the
permitted area of the sign face shall be considered part of the sign area. The area of a sign
for attached signs is based on the smallest geometric shape(s) around the graphics/text;
area for sign cabinets used as attached signs shall be based on the entire sign cabinet.
* * *
Sign, billboard means a non-point-of-sale sign that exceeds twenty-four square
feet and which advertises a business, organization, event, person, place or thing or other
commercial message.
Sign, cabinet means a three-dimensional structure which includes a frame, borders
and sign face within the frame on which the sign letters and logos are placed or etched.
The sign may include internal lighting.
* * *
Sign, construction means a temporary sign which identifies those involved in
construction of any building or structure.
Sign, construction means a temporary on-premise sign that functions to identify
the ongoing construction activity during the time that a building permit is active and prior
to completion of the work for which the permit was issued, and that may function to
identify the contractor and/or any subcontractor engaged to perform construction activity
on the site.
Attachment number 1 \nPage 63 of 68
Item # 8
JAX\1675258_1 -64-
* * *
Sign, discontinued means any sign and/or sign structure (a) displaying advertising
for a product or service which is no longer available or displaying advertising for a
business which is no longer licensed, (b) which is blank, or (c) which advertises a
business that is no longer doing business or maintaining a presence on the premises where
the sign is displayed; provided that such circumstances have continued for a period of one
hundred eighty days.
* * *
Sign, election means a temporary sign erected or displayed for the purpose of
expressing support or opposition to a candidate or stating a position regarding an issue
upon which the voters of the City may vote.
Sign, exempt means any sign for which a permit is not required. (See Section 4-
1002(B))
* * *
Sign, free expression means a sign, not in excess of three square feet in total sign
face area and whose top is not more than six feet off the ground, that functions to
communicate information or views on matters of public policy or public concern, or
containing any other noncommercial message that is otherwise lawful.
* * *
Sign, garage-yard sale means any temporary sign pertaining to the sale of
personal property at or upon any residentially-zoned property located in the City of
Clearwater, provided that the on-site sale at a residentially-zoned parcel is lawful under
the land use regulations and other applicable laws of the City of Clearwater.
Sign, gasoline price display means any on-site sign which functions exclusively to
displays the prices of gasoline for sale.
* * *
Sign, holiday decoration means any display during a holiday season which shall
be removed within ten days of the conclusion of the holiday.
Sign, identification means any sign which indicates no more than the name,
address, company logo and occupation or function of an establishment or premises on
which the sign is located.
* * *
Attachment number 1 \nPage 64 of 68
Item # 8
JAX\1675258_1 -65-
Sign, machinery or equipment means a sign which is integral and incidental to
machinery or equipment, and that is incorporated into machinery or equipment by a
manufacturer or distributor to identify or advertise the product or service dispensed by the
machine or equipment, such as a sign customarily affixed or incorporated into a vending
machine, a telephone booth, a gasoline pump, a newspaper rack, an express mail drop-off
box, or the like.
* * *
Sign, raceway means a sign comprised of channel or other cut-out figures or
letters mounted to an electrical enclosure, with the enclosure being smaller than the
height of the attached letters.
* * *
Sign, safety means a sign that functions to provide a warning of a dangerous
condition or situation that might not be readily apparent or that poses a threat of serious
injury (e.g., gas line, high voltage, condemned building, etc.).
Sign, sandwich board means any single or double faced A-FRAME sign which is
portable and may readily be moved from place to place. This sign is generally
freestanding and not affixed to the ground in any way, although some temporary type of
attachment to the ground is occasionally used.
sign, sandwich board
Sign, sidewalk (sometimes referred to as a sandwich board sign) means any
freestanding single or double faced sign which is designed to be placed upon, but not
affixed to, the ground, or sidewalks or pavement, and that is portable and readily moved
from place to place.
Attachment number 1 \nPage 65 of 68
Item # 8
JAX\1675258_1 -66-
sign, sidewalk
Sign, snipe means an off-premises sign which is tacked, nailed, posted, pasted,
glued, or otherwise attached to trees, poles, stakes, or fences, or to other objects.
Sign, statutory means a sign required by any statute or regulation of the State of
Florida or the United States.
* * *
Sign, temporary yard means a sign which is displayed for a limited period of time,
usually less than one year but not to exceed the time authorized by this development code
for a particular temporary sign use.
* * *
Sign, traffic control device means any sign located within the right-of-way that
functions as a traffic control device and that is described and identified in the Manual on
Uniform Traffic Control Devices (MUTCD) and approved by the Federal Highway
Administrator as the National Standard. Traffic control device sign includes those signs
that are classified and defined by their function as regulatory signs (that give notice of
traffic laws or regulations), warning signs (that give notice of a situation that might not
readily be apparent), and guide signs (that show route designations, directions, distances,
services, points of interest, and other geographical, recreational, or cultural information).
* * *
Sign, vehicle means one or more signs which have a total sign area on any vehicle
in excess of ten (10) square feet, when the vehicle is not “regularly used in the conduct of
the business or activity” advertised on the vehicle, and (a) is visible from a street right-of-
way within one hundred (100) feet of the vehicle, and (b) is parked for more than five (5)
consecutive hours within one hundred (100) feet of any street right of way; for the
purposes of this definition, a vehicle shall not be considered “regularly used in the
Attachment number 1 \nPage 66 of 68
Item # 8
JAX\1675258_1 -67-
conduct of the business or activity” if the vehicle is used primarily (i) for advertising, or
(ii) for the purpose of advertising, or (iii) for the purpose of providing transportation for
owners or employees of the business or activity advertised on the vehicle.
Sign, vehicle means a sign attached to or placed on and/or inside of a vehicle,
including automobiles, trucks, boats, campers, and trailers, that is parked on or is
otherwise utilizing a public right-of-way or other public property or is on private property
so as to be intended to be viewed from a vehicular right-of-way for the basic purposes of
providing advertisement of products or services or directing people to a business or
activity. This definition is not to be construed to include those signs on a licensed transit
carrier, or signs that identify a firm or its principal products on a vehicle, unless such
vehicle is parked in a location prominently visible from a street right-of-way where there
are other, less prominently visible parking spaces available on the site or is parked in such
a manner that it is intended to provide advertisement of products or services or to direct
people to a business or activity. This definition shall not include any vehicle with signs
when and during that period of time such vehicle is regularly and customarily used to
traverse the public highways during the normal course of business and providing the signs
do not present a hazard to the public.
Sign, vending means a sign attached to newspaper and other product vending
machines, telephones, gasoline pumps or similar machines and providing information
regarding the product or service being dispensed.
* * *
Sign, window means (a) any sign placed inside or upon a window facing the
outside and which is intended to be seen from the exterior through a window or other
opening, and (b) any sign or combination of signs that exceed fifty square feet in sign area
and that is located inside an enclosed area and oriented toward and visible from an
adjoining roadway or navigable waterway or body of water for purposes of advertising.
Window signs may be permanent or temporary with different requirements for each type
of window sign.
Section 2. Article 3, Division 18, Signs, City of Clearwater Community Development
Code, Sections 3-1801 through 3-1807, is hereby repealed and replaced in its entirety by Revised
Article 3, Division 18, Sections 3-1801 through 3-1809, City of Clearwater Community
Development Code, to read as set forth in the new Division 18 attached hereto as “Exhibit 1,”
which is hereby adopted as part of the City of Clearwater Community Development Code.
Section 3. All references to Article 3, Division 18, of the City of Clearwater Community
Development Code contained elsewhere in said Code or in other Ordinances or Resolutions of
the City shall be deemed to refer to Revised Article 3, Division 18 as of the effective date of this
Ordinance.
Section 4. This ordinance shall take effect immediately upon adoption.
Attachment number 1 \nPage 67 of 68
Item # 8
JAX\1675258_1 -68-
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
__________________________ ____________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 68 of 68
Item # 8
EXHIBIT 1
To
Ordinance No. 8343-12
Attachment number 2 \nPage 1 of 26
Item # 8
JAX\1661875_12 -2-
DIVISION 18. - SIGNS
Section 3-1801. - General principles.
Section 3-1802. - Purpose.
Section 3-1803. - Exempt signs.
Section 3-1804. - Prohibited signs.
Section 3-1805. - General standards.
Section 3-1806. - Signs permitted without a permit.
Section 3-1807. - Permitted signs requiring development review.
Section 3-1808. - Comprehensive sign program.
Section 3-1809. - Severability.
Section 3-1801. - General principles.
The regulation of signs as provided herein is based upon their function, and is not
based upon the content of the message contained on any such sign. The Florida
Constitution provides that it is the policy of the state to conserve and protect its scenic
beauty, and the regulation of signage for purposes of aesthetics directly serves that policy.
The city is a resort community on the west coast of the state with more than five miles of
beaches on the Gulf of Mexico. This city has an economic base which relies heavily on
tourism. In order to preserve the city as a desirable community in which to live, vacation
and do business, a pleasing, visually attractive urban environment is of foremost
importance. The regulation of signs within the city is a highly contributive means by
which to achieve this desired end. These sign regulations are prepared with the intent of
enhancing the urban environment and promoting the continued well-being of the city. The
enhancement of the visual environment is critical to a community’s image and its
continued presence as a tourist destination, and the sign control principles set forth herein
create a sense of character and ambiance that distinguishes the city as one with a
commitment to maintaining and improving an attractive environment.
Section 3-1802. - Purpose.
It is the purpose of this division to promote the public health, safety and general
welfare through a comprehensive system of reasonable, consistent and nondiscriminatory
sign standards and requirements. These sign regulations are intended to:
A. Enable the identification of places of residence and business.
B. Allow for the communication of information necessary for the conduct of
commerce.
C. Lessen hazardous situations, confusion and visual clutter caused by proliferation,
improper placement, illumination, animation and excessive height, area and bulk
of signs which compete for the attention of pedestrian and vehicular traffic.
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D. Enhance the attractiveness and economic well-being of the city as a place to live,
vacation and conduct business.
E. Protect the public from the dangers of unsafe signs.
F. Permit signs that are compatible with their surroundings and aid orientation, and
preclude placement of signs in a manner that conceals or obstructs adjacent land
uses or signs.
G. Encourage signs that are appropriate to the zoning district in which they are
located and consistent with the category of use to which they pertain.
H. Curtail the size and number of signs and sign messages to the minimum
reasonably necessary to identify a residential or business location and the nature
of any such business.
I. Establish sign size in relationship to the scale of the lot and building on which the
sign is to be placed or to which it pertains.
J. Preclude signs from conflicting with the principal permitted use of the site or
adjoining sites.
K. Regulate signs in a manner so as to not interfere with, obstruct vision of or
distract motorists, bicyclists or pedestrians.
L. Require signs to be constructed, installed and maintained in a safe and satisfactory
manner.
M. Preserve and enhance the natural and scenic characteristics of this waterfront
resort community.
N. Implement the City’s comprehensive plan and comply with the minimum
requirements established by state law that requires the regulation of signage.
Section 3-1803. - Exempt signs.
The following signs are exempt from regulation under this Division 18:
A. A sign, other than a window sign, located entirely inside the premises of a
building or enclosed space.
B. A sign on a car, other than a prohibited vehicle sign or signs.
C. A statutory sign.
D. A traffic control device sign.
E. Any sign not visible from a public street, sidewalk or right-of-way or from a
navigable waterway or body of water; except that the foregoing does not exempt a
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sign for a commercial use that is visible from an abutting residential use.
Section 3-1804. - Prohibited signs.
The following types of signs are prohibited:
A. Balloons, cold air inflatables, streamers, and pennants, except as allowed on
public property in Section 3-1806.R.
B. Bench signs, other than the identification of the transit company or its route
schedule.
C. Billboards.
D. Discontinued signs. Discontinued signs and/or sign structures which are
determined to be nonconforming with the provisions of this Division 18 shall be
required to be removed by the property owner after receipt of notification, or
refusal to accept delivery of notification by certified mail, that such removal is
required.
E. Electronic changeable message signs unless otherwise allowed herein (e.g.,
gasoline price signs), with the following exceptions:
1. Menu signs that change no more frequently than once every three hours
and that are not otherwise prohibited.
2. Existing and legally nonconforming message signs:
a. General messages which change no more frequently than once
every six hours, including onsite gasoline price signs that meet the
requirements of this Division 18; or
b. Signs which only display time and/or temperature which change no
more frequently than once every fifteen seconds.
F. Menu signs on which the message changes more rapidly than once every three
hours.
G. Pavement markings, except street addresses.
H. Portable signs.
I. Roof and above roof signs.
J. Sidewalk signs, except as provided herein.
K. Signs attached to or painted on piers or seawalls, other than official regulatory or
warning signs.
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L. Signs in or upon any river, bay, lake, or other body of water.
M. Signs located on publicly-owned land or easements or inside street rights-of-way,
except (a) as allowed in Section 3-1806.S., (b) signs on transit shelters erected
pursuant to Section 3-2203 and permitted pursuant to Section 3-1807.B.5.), (c)
sidewalk signs to the extent permitted in Section 3-1806.U. or Section 3-
1807.B.4.,(d) as allowed in Section 3-1807.A., and (e) as allowed in Section 3-
1806.V. and 3-1806.W. Prohibited signs shall include but shall not be limited to
handbills, posters, advertisements, or notices that are attached in any way upon
lampposts, telephone poles, utility poles, bridges, and sidewalks.
N. Signs that emit sound, vapor, smoke, odor, particles, or gaseous matter.
O. Signs that have unshielded illuminating devices or which reflect lighting onto
public rights-of-way thereby creating a potential traffic or pedestrian hazard.
P. Signs that move, revolve, twirl, rotate, flash, scintillate, blink, flutter, or appear to
display motion in any way whatsoever, including animated signs, multi-prism
signs, tri-vision signs, floodlights and beacon lights (except when beacon lights
are required by the Federal Aviation Agency or other governmental agency for a
public purpose involving public safety), unless otherwise expressly allowed by
another provision within this Division 18.
Q. Signs that obstruct, conceal, hide, or otherwise obscure from view any traffic
control device sign or official traffic signal.
R. Signs that present a potential traffic or pedestrian hazard, including signs which
obstruct visibility.
S. Signs attached to or placed on any tree or other vegetation.
T. Signs carried, waved or otherwise displayed by persons either on public rights-of-
way or in a manner visible from public rights-of-way. This provision is directed
toward such displays intended to draw attention for a commercial purpose, and is
not intended to limit the display of placards, banners, flags or other signage by
persons participating in demonstrations, political rallies and similar events.
U. Snipe signs.
V. Three-dimensional objects that are used as signs.
W. Vehicle signs, and portable trailer signs.
X. Any permanent sign that is not specifically described or enumerated as permitted
within the specific zoning district classifications in this Community Development
Code.
Section 3-1805. - General standards.
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A. Setback. No sign shall be located within five feet of a property line of a parcel
proposed for development.
B. Neon signs and lighting. Neon signs and lighting shall be permitted as
freestanding and attached signage as provided in this Division 18. When neon
lighting is utilized to emphasize the architectural features of a building, such as
when used to outline doorways, windows, facades, or architectural detailing, or
when used to accentuate site landscaping, it shall not be regarded as signage. In
addition, neon lighting used as freestanding designs or murals or as attached
murals or designs unrelated to the architectural features of the building to which
the lighting is attached shall be permitted, but shall be counted toward the
allowable area of the property's or occupancy's freestanding or attached signage,
as applicable.
C. Illuminated signs.
1. The light from any illuminated sign shall be shaded, shielded, or directed
away from adjoining street rights-of-way and properties.
2. No sign shall have blinking, flashing, or fluttering lights or other
illumination devices which have a changing light intensity, brightness,
color, or direction or as otherwise prohibited by Section 3-1804.
3. No colored lights shall be used at any location or in any manner so as to be
confused with or construed as traffic-control devices.
4. Neither the direct nor the reflected light from primary light sources shall
create a traffic hazard to operators of motor vehicles on public
thoroughfares.
5. The light which illuminates a sign shall be shaded, shielded, or directed so
that no structure, including sign supports or awnings, are illuminated by
such lighting.
D. Banners and flags. A banner or flag may be used as a permitted freestanding or
attached sign and, if so used, the area of the banner or flag shall be included in,
and limited by, the computation of allowable area for freestanding or attached
signs on the property.
E. Gasoline price signs. Gasoline price display signs shall be allowed in all non-
residential districts except where specifically prohibited. Gasoline price display
signs shall be placed in the vicinity of the pump islands and shall not extend
above any pump island canopy or they shall be attached to the primary
freestanding sign for the property. If attached to the freestanding sign, the area of
the gasoline price display sign shall be counted toward the allowable area for the
freestanding sign. A gasoline price display sign may be changed manually or
electronically.
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F. Awnings. Awnings may be allowed a graphic element in addition to the permitted
attached sign area provided such graphic does not exceed 25% of the awning
surface area on which the graphic is placed or sixteen square feet, whichever is
less. If a graphic element is placed on an awning valance, such graphic element
shall be limited to 25% of the valance surface. If text and a graphic element are
proposed on an awning, such text and graphic element shall be governed by the
attached signs provisions set forth in Section 3-1807.B.3. This provision does not
apply to back-lit awnings.
G. Building and electrical code compliance. All signs shall comply with applicable
building and electrical code requirements.
H. No limitation based on message content. Notwithstanding any other provision of
this Community Development Code, no sign shall be subject to any limitation
based on the content of the message contained on such sign.
I. Substitution of noncommercial speech for commercial speech. Notwithstanding
anything contained in this Community Development Code to the contrary, any
sign erected pursuant to the provisions of this Division 18 or this Community
Development Code with a commercial message may, at the option of the owner,
contain a noncommercial message. The noncommercial message may occupy the
entire sign face or any portion thereof. The sign face may be changed from a
commercial message to a noncommercial message, or from one noncommercial
message to another, provided that the sign is not a prohibited sign or sign-type,
provided that the manner or frequency of the change does not violate restrictions
on electronic or illuminated signs, and provided that the size, height, setback and
other dimensional criteria contained in this Division 18 and the Community
Development Code have been satisfied.
Section 3-1806. - Signs permitted without a permit.
The following signs may be developed without development review pursuant to Article 4
of this Community Development Code:
A. One address sign of no more than two square feet of total sign face area for each
parcel of land used for residential purposes and no more than one square foot for
each number contained in the property address for each parcel of land used for
non-residential purposes. The square footage for the address sign shall be allowed
in addition to the total square signage footage allowed in Section 3-1807.
B. Free expression signs. For each parcel, one free expression sign may be displayed.
A free expression sign may be displayed as an attached sign or as a freestanding
sign. A free expression sign shall not exceed three square feet of total sign face
area. If a free expression is displayed as a freestanding sign, the sign shall not
exceed four feet in height if located on a parcel of land designated or used for
single family dwellings, duplexes and townhouse units or six feet in height if
located on any other parcel. The free expression sign is in addition to any sign
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displaying a noncommercial message in lieu of a commercial or other
noncommercial message pursuant to Section 3-1805.I.
C. Temporary election signs. For each parcel, one election sign for each candidate
and each issue may be displayed. An election sign may be displayed as an
attached sign or as a freestanding sign. On parcels that are in residential use, the
election sign shall not exceed three square feet of total sign face area; and, if the
election sign is displayed as a freestanding sign on the parcel, the election sign
shall not exceed four feet in height. On parcels that are in nonresidential use, the
election sign shall not exceed eighteen square feet of total sign face area; and, if
the election sign is displayed as a freestanding sign on the parcel, the election sign
shall not exceed six feet in height. An election sign shall be removed within seven
calendar days following the election to which it pertains.
D. Temporary grand opening and special event signs.
1. One temporary grand opening sign shall be permitted for thirty days after
the issuance of an occupational license for any new business, new owner
of an existing business, or business name change. Such sign shall not
exceed twenty-four square feet in total sign face area or such sign may be
a temporary covering, such as a toaster cover, sign boot, or sign sock,
which covers an existing permitted attached or freestanding sign.
2. Other temporary special event and/or public purpose signs of a temporary
nature shall be approved by the community development coordinator if the
signs meet the following criteria: (a) the signs are temporary signs for a
limited time and frequency, (b) the signs are for a special event or a public
purpose of a temporary nature, (c) the signs do not exceed the maximum
height and size requirements for freestanding signs under this Community
Development Code, (d) the display of temporary signs for a special event
shall not begin any earlier than two calendar days before the event and
shall be removed within one business day after the event, and (e) the signs,
if temporary for a limited time and frequency, will meet the following
purposes of Division 18, to wit: (1) the signs will not conceal or obstruct
adjacent land uses or signs [Section 3-1802.F.], (2) the signs will not
conflict with the principal permitted use of the site or adjoining sites
[Section 3-1802.J.], (3) the signs will not interfere with, obstruct vision of
or distract motorists, bicyclists or pedestrians [Section 3-1802.K.], and (4)
the signs will be installed and maintained in a safe manner [Section 3-
1802.L.]. Consistent with the general standards in Section 3-1805, the
approval or disapproval shall not be based on the content of the message
contained (i.e., the viewpoint expressed) on such signs. The community
development coordinator shall render a decision within ten days after an
application is made for such signs. Such a decision shall be deemed an
administrative interpretation and any person adversely affected has the
right to appeal the decision to the community development board pursuant
to Section 4-501.A of this Community Development Code.
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E. A single sign no more than four square feet in sign area and indicating a valet
parking station and that is visible only during hours that the valet is operating.
F. Temporary construction signs. One temporary construction sign located on a
parcel proposed for development during the period a building permit is in force or
one year, whichever is less, which sign shall not exceed:
1. Sixteen square feet of total sign face area for parcels of land used or
proposed to be used for single family dwellings, duplexes and townhouse
units;
2. Thirty-two square feet of total sign face area for parcels of land used or
proposed to be used for multi-family purposes other than townhouse units
or for non-residential purposes.
If the temporary sign is displayed as a freestanding sign, the sign shall not exceed
six feet in height.
G. For flags displayed on a flag pole not exceeding thirty-five feet in height or an
attached bracket: One flag per detached dwelling unit, three additional flags per
parcel of land used for multifamily residential purposes, and three flags per parcel
of land used for non-residential purposes. If so used, the area of the flag shall not
be included in, and limited by, the computation of allowable area for freestanding
or attached signs on the property.
H. Temporary garage-yard sale signs. One temporary garage-yard sale sign of no
more than three square feet of total sign face area located on the parcel of land
where the garage or yard sale is to be conducted only on the date or dates on
which the garage or yard sale is conducted. In addition, no more than two
directional signs of no more than three square feet of total sign face area per sign
face related to a garage or yard sale which are located on privately owned parcels
of land other than the parcel of land where the garage or yard sale is to be
conducted only on the date or dates on which the garage or yard sale is conducted.
If the temporary sign is displayed as a freestanding sign, the sign shall not exceed
four feet in height.
I. Attached menu signs of no more than six square feet of total sign face area
located at the entrance or service window of a restaurant. One freestanding drive-
through sign no more than twenty-four square feet in total sign face area and six
feet in height oriented toward the vehicles utilizing drive-through service for the
purpose of placing an order or picking up an order at a service window.
J. Onsite directional and traffic control signs of no more than four square feet of
sign face area provided that business logos or other non-traffic control symbols do
not exceed 25 percent of the sign face area.
K. Signs identifying parking space numbers provided that such signs are painted on
the paved surface of each space or do not exceed one-half square foot of sign face
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area per sign.
L. Marina slip and directional signs.
1. Signs identifying marina slip numbers provided that such signs are painted
on the dock in front of each slip or do not exceed one square feet of sign
face area per sign.
2. Each individual charter/commercial vessel slip located at a commercial
marina may have one sign placed in the vicinity of the slip that does not
exceed six square feet in total sign face area identifying the business
located at the slip and one additional sign of not more than eight square
feet in total sign face area placed in the vicinity of the slip to identify the
vessel rate/embarking schedules, or other information.
3. Unless otherwise approved by the community development coordinator,
two directional signs, not to exceed six square feet in total sign face area
and not to exceed six feet in height may be displayed at any marina for
purposes of way finding. The community development coordinator may
approve additional signs based on the following criteria: overall size of
marina, number of pedestrian and vehicular access points, visibility of the
site, intended and existing traffic circulation and consistency with Beach
by Design, Clearwater Downtown Redevelopment Plan or any other
applicable special area plan.
M. Temporary real estate signs. One temporary real estate sign per parcel of land
indicating that a parcel of land or a building located on the parcel of land or part
thereof is for sale, for lease or otherwise available for conveyance, provided that
such sign does not exceed:
1. Six square feet of total sign face area on parcels of land designated or used
for single family dwellings, duplexes and townhouse units;
2. Thirty-two square feet of total sign face area on parcels of land designated
or used for multi-family purposes other than townhouse units or for non-
residential purposes.
In the event that more than one dwelling unit or non-residential space on a single
parcel of land is for sale, for lease or otherwise available, one attached sign per
dwelling or space of no more than two square feet in total sign face area in
addition to the permitted freestanding signage. In addition, one freestanding
waterfront sign of no more than six square feet of total sign face area, not more
than three square feet of sign area per sign face, for each waterfront parcel of
land.
If the temporary sign is displayed as a freestanding sign, the sign shall not exceed
four feet in height if located on a parcel of land designated or used for single
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family dwellings, duplexes and townhouse units or six feet in height if located on
any other parcel.
N. Signs located within a stadium which are not oriented toward and readable from
outside of a stadium.
O. Window signs may be located on any window area provided such sign or
combination of signs do not exceed twenty-five percent (25%) of the total area of
the window where the sign or signs are located and face a right-of-way, with the
twenty-five percent limitation allowed for the window sign(s) that face each right-
of-way where there is a corner lot or through lot. In no case shall the cumulative
area of all window signs located inside an enclosed area for purposes of
advertising exceed fifty square feet, if oriented toward and visible from an
adjoining roadway or navigable waterway or body of water.
P. Safety or warning signs which do not exceed six square feet of total sign face area
per sign.
Q. A change in a sign message or panel on a previously approved, lawful sign, e.g.,
any sign allowed under this ordinance may contain, in lieu of any other copy, any
otherwise lawful noncommercial message that complies with all other
requirements of this ordinance. This provision does not permit design changes for
a sign previously approved under the Comprehensive Sign Program.
R. The following sign type "balloons, cold air inflatables, streamers, and pennants"
shall be allowed as governmental and public purpose signs if located on public
property and if the city manager finds that the sign type meets the following
criteria: (1) the sign type is for a special event, (2) the special event is for a
limited time, (3) the special event is for a limited frequency, and (4) the sign type,
if allowed for a limited time and frequency, will meet the following purposes of
this Division 18, to wit: (a) the signs will not conceal or obstruct adjacent land
uses or signs (Section 3-1802.F.), (b) the signs will not conflict with the principal
permitted use of the site or adjoining sites [Section 3-1802.J.], (c) the signs will
not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians
[Section 3-1802.K.], and (d) the signs will be installed and maintained in a safe
manner [Section 3-1802(L)]. Consistent with the general standards in Section 3-
1805, the approval or disapproval shall not be based on the content of the message
contained (i.e., the viewpoint expressed) on any such sign. The city manager shall
render a decision within ten days after an application is made for utilizing this
sign type at a special event. Such a decision shall be deemed an administrative
interpretation and any person adversely affected has the right to appeal the
decision to the community development board pursuant to Section 4-501.A of this
Community Development Code.
S. A sign on publicly owned land or easements or inside street rights-of-way shall be
allowed if the city manager finds that the sign meets the following criteria: (1) the
sign provides notice to the public of a public meeting or other public event, (2) the
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sign is temporary and for a limited time, and (3) the sign, if allowed for a limited
time, will meet the following purposes of this Division 18, to wit: (a) the sign will
not conceal or obstruct adjacent land uses or signs [Section 3-1802.F.], (b) the
sign will not conflict with the principal permitted use of the site or adjoining sites
[Section 3-1802.J.], (c) the sign will not interfere with or obstruct the vision of
motorists, bicyclists or pedestrians [Section 3-1802.K.], and (d) the sign will be
installed and maintained in a safe manner [Section 3-1802.L.]. Consistent with the
general standards in Section 3-1805, the approval or disapproval shall not be
based on the content of the message contained (i.e., the viewpoint expressed) on
such sign. The city manager shall render a decision within ten days after an
application is made for utilizing such a temporary sign on public property. Such a
decision shall be deemed an administrative interpretation and any person
adversely affected has the right to appeal the decision to the community
development board pursuant to Section 4-501.A of this Community Development
Code.
T. Directional/informational signs serving a public purpose. A permanent sign on
public easements or inside street rights-of-way shall be allowed if the city
manager finds that the sign meets the following criteria:
1. The sign provides directions and/or information regarding public facilities
and/or places of interest; and
2. The sign will meet the purposes of Division 18 to wit: (a) the sign will not
conceal or obstruct adjacent land uses or signs [Section 3-1802.F.], (b) the
sign will not conflict with adjoining sites, (c) the sign will not interfere
with or obstruct the vision of motorists, bicyclists or pedestrians, (d) the
sign will be installed and maintained in a safe manner [Section 3-1802.L.],
(e) the sign is consistent with Beach by Design, Clearwater Downtown
Redevelopment Plan or any other applicable special area plan and
submittal of a master sign plan and (f) the sign is consistent with the
general standards in Section 3-1805. The city manager or designee shall
render a decision within fifteen days after an application is made for
utilizing such a sign on public property. The decision is not subject to the
provisions of Section 4-501.A of this Community Development Code.
U. Signs during public construction projects. Temporary sidewalk signs are
permitted for properties abutting public construction projects that are scheduled to
last one hundred eighty days or longer, in accordance with the following criteria.
1. There shall be a maximum of two sidewalk signs permitted per parcel
adjacent to the public construction project, and parcels with multiple
businesses shall coordinate copy on the signs permitted.
2. Sidewalk signs permitted under this section shall be allowed to be
displayed for the duration of the public construction project starting with
project commencement and shall be removed within seven days after the
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final acceptance, by the city, of improvements.
3. The size of any sidewalk sign shall not exceed eight square feet in total
sign face area, and shall not exceed four feet in height.
4. Sidewalk signs permitted under this section shall be constructed in a
professional and workmanlike manner from treated wood or other durable
material, and copy displayed shall not be spray painted onto the signs.
5. No sidewalk sign, permitted as part of this section shall be permanently
erected, and shall only be displayed during hours of operation for the
business being advertised.
6. No sidewalk sign shall be placed so as to block any public way, or within
the visibility triangle of intersections or driveways.
V. One ten square foot freestanding sign not more than five feet in height or one ten
square foot attached sign per city park or city recreation facility for the purposes
of identifying a program provider or information concerning programs at such
park or recreation facility. The design of any such signs shall be approved by the
parks and recreation department.
W. Adopt-a-park and acknowledgement signs.
1. Adopt-a-park signs may be erected in city rights-of-way or on city-owned
property. An adopt-a-park sign shall not exceed three square feet in total
sign face area. If freestanding, and adopt-a-park sign shall not exceed
eighteen inches in height and shall be located in a landscaped setting.
Adopt-a-park signs shall be selected from the approved city street signs
catalogue maintained by the manager of traffic operations, provided the
sign design conforms with one of the city prescribed designs maintained
by the parks and recreation department. The community development
coordinator may approve additional adopt-a-park signs based on the
following criteria: overall size of site, number of entrances, frontage,
access and visibility of the site, intended and existing traffic circulation.
2. Acknowledgment signs may be erected in city rights-of-way or on city-
owned property as follows. Such signs may also be affixed or incorporated
into a public amenity such as an ash tray or public bench that is located on
public property and that is approved by the community development
coordinator provided that it is no greater than one square foot in area, is
rust-free, and is unobtrusive.
Section 3-1807. - Permitted signs requiring development review.
A. Residential. The following signs shall be permitted in all residential zoning
districts:
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1. Freestanding single-family subdivision and multi-family development
signs.
a. Unless otherwise approved by the community development
coordinator one permanent freestanding sign up to twenty-four
square feet of total sign face area and up to six feet in height may
be erected at no more than two entrances into a single-family
subdivision or multi-family development. In lieu of one twenty-
four square foot sign, two permanent single-faced signs not
exceeding twelve square feet in total sign face area each may be
located at an entrance provided that such signs are placed in a
symmetrical manner and/or are located on opposite sides of the
entrance to which they are oriented, will meet all sight visibility
triangle requirements under the provisions of Section 3-904, be
installed and maintained in safe and neat manner and will not
conflict with the principal permitted use of the site or adjoining
sites. The community development coordinator may approve signs
to be placed at additional entrances based on the following criteria:
overall size of site, relationship between building setback and sign
location, frontage, access and visibility of the site, intended and
existing traffic circulation, hierarchy of signage, consistency with
Beach by Design, Clearwater Downtown Redevelopment Plan or
any other applicable special area plan and submittal of a master
sign plan for the subdivision or development.
b. Such sign(s) shall be erected on privately-owned property. In the
event there is insufficient land owned by a single-family
subdivision association or multi-family development developed
prior to March 8, 1999, however, the community development
coordinator, parks and recreation department, and public works
administration may approve the location of such sign in a city
right-of-way or on city-owned property provided that such signs
are in compliance with Section 3-1807.A.1.a. above and will not
obstruct the vision of motorists, bicyclists or pedestrians, be
installed and maintained in safe and neat manner, will not conflict
with the principal permitted use of the site or adjoining sites; and
that a city right-of-way permit be obtained prior to the installation.
c. All freestanding signs shall be installed in a landscaped area
consisting of shrubs and/or ground cover not less than three feet in
width around the entire base of the sign.
d. A freestanding sign for any multi-family development shall include
the address of the property on which the sign is to be located.
2. Subdivision name/logo on street signs. Street signs incorporating single-
family subdivision names/logos may be located in city rights-of-way
Attachment number 2 \nPage 14 of 26
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within the subdivision provided by such signs do not exceed three and
one-half square feet in area and are selected from the approved city street
signs catalogue maintained by the manager of traffic operations. The city
and the neighborhood shall enter into an agreement that prescribes the
installation and maintenance requirements of such signs.
3. Assisted living facilities, community residential homes with seven to
fourteen residents, congregate care facilities, and nursing homes signs.
a. One freestanding sign at the primary entrance of the property up to
twenty-four square feet in total sign face area.
b. The height of a freestanding sign shall not exceed six feet in
height.
c. A freestanding sign shall be installed in a landscaped area
consisting of shrubs and/or ground cover not less than three feet in
width around the entire base of the sign and shall include the
address of the property on which the sign is to be located.
B. Non-residential. All signs must be architecturally integrated into the design of the
building and/or site using similar and coordinated design and style features,
materials and colors. Attached signs shall be horizontally and vertically
proportionately located on each facade with no protrusions above roof lines, over
windows, trim, cornices, or other building features. Signs for new shopping
centers with three or more tenants, including all out parcels, office parks or any
master plan development shall be reviewed and approved through the
Comprehensive Sign Program set forth in Section 3-1808.
1. Freestanding signs in the Commercial, Office, Institutional and Industrial
Research and Technology Zoning Districts. The following shall govern
permanent freestanding signs in the Commercial, Office, Institutional and
Industrial, Research and Technology zoning districts. Certain uses in
these districts may have additional sign restrictions set forth in the
flexibility criteria contained in Article 2 and shall supersede these
standards.
a. One freestanding sign per parcel proposed for development with
no more than two sign faces, unless located on a corner lot or through lot.
b. Corner lots or through lots have the option of erecting one
freestanding sign or two freestanding signs, one on each street frontage.
The total maximum area of the sign faces of the one sign or of the two
signs shall not exceed the total maximum allowable area allowed in
Section 3-1807.B.1.d. or Section 3-1807.B.1.e. below plus an additional
fifteen square feet, provided that the maximum area remains no more than
sixty-four square feet in total sign face area on all sign faces. Sign area is
Attachment number 2 \nPage 15 of 26
Item # 8
JAX\1661875_12 -16-
measured from the road frontage which results in the greater square
footage.
c. All freestanding signs shall be setback at least five feet from the
property lines of the parcel proposed for development.
d. The total sign face area of a freestanding sign shall not exceed
twenty-four square feet unless in compliance with Section 3-1807.B.1.e.
below.
e. The total sign face area of a freestanding sign shall not exceed
three percent of the building facade facing the street or one square foot of
signage for every three feet of linear lot frontage, whichever is less, but in
no case more than thirty-six square feet. Such sign design shall be
consistent with or complement the architecture of the building through the
use of colors, materials, textures, design features, and architectural style as
set forth below.
i. The sign design shall include a distinctive design or
architectural element used on the building such as an arch,
capstone, pediment, distinctive roof form/material, column,
pilaster, cornice; or a shape, form or motif that portrays the
business. Such elements shall be used on the top and/or side of the
sign face/panels.
ii. Defining materials, textures and colors used on the building
shall be included on the sign.
iii. The sign base and/or supports shall be with a width that
creates proportionality to the overall sign design. Signs mounted
on a single pole without any covering at least thirty-six inches in
width shall be prohibited.
iv. The sign shall be consistent with or complementary to the
overall design, colors, font style of the attached sign on the
property.
v. The sign may include no more than two lines of zip track
for manual changeable messages provided the zip track and letter
colors are coordinated with the color of the sign.
vi. In the event the building lacks architectural details or
distinguishing design features or materials, the sign shall be
designed to improve the overall appearance of the site. To achieve
this, the sign shall include a distinctive design feature and use
colors and materials that present a high quality finish.
Attachment number 2 \nPage 16 of 26
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JAX\1661875_12 -17-
f. The total area of all sign faces on all freestanding signs shall not
exceed seventy-two square feet per parcel proposed for development.
g. The height of a freestanding sign shall not exceed one and one-half
times the width of the sign structure or fourteen feet whichever is less
unless allowed in Section 3-1807.B.1.h. below.
h. All freestanding sign structures shall be installed in a landscaped
area consisting of shrubs and/or ground cover not less than three feet in
width around the entire base of the sign.
i. Sites which front on an elevated roadway (including US 19 and
McMullen Booth Road) having limited visibility are permitted one
freestanding sign to a maximum of fourteen feet above the top of the
barrier wall located on the elevated roadway as measured at its highest
point adjacent to the sign location. Sites which front on US 19 or its
frontage road that have a barrier wall located adjacent to the property
either along the frontage road or within the center of the US 19 right-of-
way are permitted one freestanding sign to a maximum of fourteen feet
above the top of either barrier wall whichever is higher.
2. Monument signs in the Tourist and Downtown Districts. The following
shall govern permanent monument signs in the Tourist District and
Downtown District as follows:
a. One monument sign not exceeding six feet in height per parcel for
development in the Tourist District with no more than two sign
faces, unless located on a corner or through lot. One monument
sign with no more than two sign faces per parcel for development
in the Downtown District provided the primary building on the
parcel is setback at least twenty feet from the front property line,
unless located on a corner or through lot.
b. Corner lots or through lots have the option of erecting one
monument sign or two monument signs, one on each street
frontage. The total maximum area of the sign faces of the one sign
or of the two signs shall not exceed the total maximum allowable
area allowed in Section 3-1807.B.2.c. below plus an additional
fifteen square feet. Sign area shall be measured from the road
frontage which results in the greater square footage.
c. The area of a monument sign face shall not exceed three percent
(3%) of the building façade facing the street or one square foot of
signage for every three feet of linear lot frontage, whichever is
less, but in no case less than twenty-four square feet and no more
than thirty-six square feet.
Attachment number 2 \nPage 17 of 26
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JAX\1661875_12 -18-
d. The total area of all sign faces on all monument signs shall not
exceed seventy-two square feet per parcel proposed for
development.
e. Sign design shall be consistent with or complement the
architecture of the building through the use of colors, materials,
textures, design features and architectural styles as set forth below
and as may be required by the Clearwater Downtown
Redevelopment Plan and Beach by Design.
i. The sign design shall include a distinctive design or
architectural element used on the building such as an arch,
capstone, pediment, distinctive roof form/material, column
pilaster, cornice; or a shape, form or motif that portrays the
business. The design elements shall be used on the top
and/or side of the sign face/panels.
ii. Defining materials, textures and colors used on the building
shall be included on the sign.
iii. The sign base and/or supports shall be of a width that
creates proportionality to the overall sign design.
iv. The sign shall be consistent with or complementary to the
overall design, colors, font style of the attached sign on the
property.
v. The sign may include no more than two lines of zip track
for manual changeable messages provided it does not
exceed twenty-five percent (25%) of the sign face area and
the zip track and letter colors are coordinated with the color
of the sign.
vi. In the event the building lacks architectural details or
distinguishing design features or materials, the sign shall be
designed to improve the overall appearance of the site. To
achieve this, the sign shall include a distinctive design
feature and use of colors and materials that present a high
quality finish.
f. All monument sign structures shall be installed in a landscaped
area consisting of shrubs and/or ground cover not less than three
feet in width around the entire base of the sign..
g. Properties located within the area governed by the Clearwater
Downtown Redevelopment Plan shall only be permitted to erect a
monument sign if the primary building is setback at least twenty
feet or more from the front property line. Areas for manual
Attachment number 2 \nPage 18 of 26
Item # 8
JAX\1661875_12 -19-
changeable copy cannot occupy more than twenty-five percent
(25%) of the sign face area.
3. Attached signs in non-residential districts. The following attached signs
shall be permitted in all non-residential districts:
a. One attached sign shall be permitted for each building structure.
For any building structure with multiple business tenants on the
ground floor, one attached sign may be permitted per business
establishment with a principal exterior entrance. The area of an
attached sign face shall not exceed:
i. Twenty-four square feet in total sign face area; or
ii. Three percent (3%) of the primary façade area not to
exceed thirty-six square feet in total sign face area. Such
signs are limited to one of the following sign types: channel
letters mounted directly to the building, flat cut out letters,
contour cabinet, illuminated capsule, sign applied to
awning provided awning is externally illuminated, letters
on backer panels if designed as an integral part of the sign
and any other sign type of a higher quality of design if
approved by the community development coordinator.
Square/rectangular cabinet signs, back-lit awnings, and
signs on raceways are prohibited.
b. In addition to the attached sign allowed in Section 3-1807.B.3.a
above, corner lots or through lots may erect one attached sign on
each building wall (or facade) abutting a street frontage. Any such
attached sign shall not exceed the sign face area specified in
Section 3-1807.B.3.a above.
c. Where individual business establishments with exterior entrances
are located in a single building, multi-tenant buildings, or as part of
a business/office complex or shopping center, attached signs shall
be designed according to a common theme including similar style,
color, materials or other characteristics to provide a sense of
uniformity. Changes to individual tenant signage shall be reviewed
for compliance with the established or projected theme of the
development site.
d. Projecting signs may be used as a type of attached sign in the
Downtown (D) and Tourist (T) Districts, unless otherwise
permitted by the community development coordinator. They shall
be installed with a minimum eight-foot clearance from the bottom
of the sign to grade or the sidewalk. Projecting signs shall comply
Attachment number 2 \nPage 19 of 26
Item # 8
JAX\1661875_12 -20-
with encroachment into setback and rights-of-way Section 3-908.
The community development director coordinator may permit such
signs for second story or businesses above the first story in the
Downtown and Tourist Districts if they meet all other criteria for
attached signage.
e. Business establishments with rear facades with rear public
entrances facing parking lots or rear public entrances facing
Clearwater Harbor or Mandalay Channel with boating access may
erect one additional attached sign not exceeding sixteen square feet
in area above or adjacent to the rear entrance provided such sign is
not a traditional cabinet sign or channel letters erected on a
raceway.
f. Gasoline pump island canopies may be permitted one attached sign
on the canopy fascia facing a public right-of-way provided such
sign does not exceed eight square feet in total sign face area.
4. Sidewalk signs. Primary permitted retail and restaurant uses may erect one
double sided sidewalk sign forty-two inches in height and twenty-four
inches in width in accordance with the following provisions, but only in
connection with the primary permitted use. Retail, restaurant or other uses
which are accessory to another use are not allowed to display sidewalk
signs.
a. Display of Sign. Sidewalk signs shall be displayed only during the
hours the business is open and shall be moved indoors at the close of
business.
b. Location.
i. Sidewalk signs shall be placed on the sidewalk in front of
the business erecting the sign within its linear frontage.
ii. The nearest point of the sidewalk sign shall be no more
than two feet from the building wall. However, in the
Cleveland Street Café District in the Downtown zoning
district, the nearest point shall be five feet from the
building wall.
iii. A minimum pedestrian path of at least four feet shall be
maintained at all times.
iv. Sidewalk signs shall not impede ingress or egress to or
from a business entrance, be located within a drive aisle,
parking area or on any landscaped area, nor block any fire
Attachment number 2 \nPage 20 of 26
Item # 8
JAX\1661875_12 -21-
hydrant access or visibility or be located within the
visibility triangle of intersections or driveways.
c. Design Criteria
i. Sidewalk sign frames shall be constructed of durable wood,
plastic or metal and present a finished appearance.
Sidewalk signs known as wind signs may have a plastic
frame and base with or without wheels. Frames shall
support black or green chalkboards, black wet markers
boards or professionally designed advertisements/posters of
a durable material with a clear, non-glare protective
covering. Frame and base colors shall be limited to a
metallic silver/grey, black, white or be a stained wood.
Flexibility with regard to this design criteria may be
granted by the community development coordinator in
order to achieve a creatively designed sign using a
particular symbol or logo indicative of the type of business
and services being advertised.
ii. Plastic signs, white marker boards, letter track panels
(for manually changeable copy), acrylic/plastic panels,
hand painted and spray painted copy, tri-folded signs, bases
with hinged feet that fold flat and other similar features and
sign designs shall be prohibited. Swinger style sidewalk
signs shall also be prohibited unless of a unique design as
determined by the community development coordinator.
iii. Sidewalk signs shall not be illuminated nor contain moving
parts or have balloons, streamers, pennants or similar
adornment attached to them.
iv. Sidewalk signs shall not be attached to any structure, pole,
object, or sign.
d. Permit Required Yearly. A permit for a sidewalk sign shall be
obtained on a yearly basis. A permit application with a sketch,
photo or drawing of the sidewalk sign and the required fee shall be
submitted and approved prior to the placement of a sidewalk sign
on public or private property. Sidewalk signs to be placed in a
public right-of-way shall also submit evidence of general liability
insurance in the amount of one million dollars in a form acceptable
to the City, with the City named as additional insured. A permit
shall only authorize the sign submitted along with the permit
application. Any changes to the approved sign will require the
business owner to obtain a new permit.
Attachment number 2 \nPage 21 of 26
Item # 8
JAX\1661875_12 -22-
e. Removal by the City. The City shall have the authority to secure,
remove or relocate any sidewalk sign located in the public right-of-
way if necessary in the interest of public safety, in emergency
situations, or if the sign is not in compliance with any provisions of
this section.
5. Transit and shelter signs. Signs are permitted on transit shelters approved
in accordance with Article 3 Division 22 of this Community Development
Code, subject to the following restrictions:
a. The advertising contained in the transit shelter shall be limited to
the "downstream" end wall (furthest from approaching transit
vehicles) for a two-sided or flared and secured panel.
b. Lighting of advertising materials shall be limited to back-lighting.
c. No advertising poster shall exceed twenty-four square feet in area,
or be greater than six feet in height and four feet in width.
d. The total number of transit shelters containing advertising shall not
exceed fifty within the Clearwater planning area provided in the
interlocal agreement between the city and county in effect as of
January 14, 1992.
6. Certain changeable message and copy signs.
a. Electronic changeable message signs shall be permitted for a
facility or venue that has seating for more than two thousand
people on property that exceeds thirty-five acres provided it meets
the following criteria: (a) it is located on public property and (b) it
serves a significant public purpose directly related to the facility or
venue, and (c) the sign type will meet the following purposes of
this Division 18, to wit: (1) the sign will not conceal or obstruct
adjacent land uses or signs [Section 3-1802.F.], (2) the sign will
not conflict with the principal permitted use of the site or adjoining
sites [Section 3-1802.J.], (3) the sign will not interfere with or
obstruct the vision of motorists, bicyclists or pedestrians [Section
3-1802.K.], and (4) the sign will be installed and maintained in a
safe manner [Section 3-1802.L.]. Consistent with the general
standards in Section 3-1805, the approval or disapproval by the
City shall not be based on the content of the message contained
(i.e., the viewpoint expressed) on such sign.
b. Any sign may include an area for manually changeable copy
provided the sign meets all of the area and design requirements set
forth in Division 18, including but not limited to any and all
criteria that limits sign area by percentage or any requirement that
requires any color coordination or other such design criteria.
Attachment number 2 \nPage 22 of 26
Item # 8
JAX\1661875_12 -23-
7. Nonconforming uses. Any nonconforming use, which would be entitled to
a sign if it were conforming, shall be permitted to erect the maximum
amount of allowable signage in the district in which the use is located.
C. On-premise signs in public parks and on school grounds. In any public park or
on any school grounds in any zoning district, the following signs are permitted.
1. One freestanding entry sign for each major entry into a school or a park of
not more than twenty square feet in total sign face area.
2. The height of the sign shall not exceed six feet.
3. A freestanding sign shall be installed in a landscaped area consisting of
shrubs and/or ground cover not less than three feet in width around the
entire base of the sign and shall include the address of the property on
which the sign is to be located.
Section 3-1808. - Comprehensive sign program.
A. General principles.
1. The intent of the comprehensive sign program is to provide private
property owners and businesses with flexibility to develop innovative,
creative and effective signage and to improve the aesthetics of the City of
Clearwater.
2. The minimum sign standards established in this Division 18 ensure that
signage will not have an adverse impact on the aesthetics, community
character and quality of life of the City of Clearwater. The city recognizes,
however, that in many circumstances, there are innovative and creative
alternatives to minimum standard signage which are desirable and
attractive and will enhance community character and individual property
values.
3. The purpose of the comprehensive sign program is to provide an
alternative to minimum standard signage subject to flexibility criteria
which ensure that alternative signage will not have an adverse impact on
the aesthetics, community character and quality of life of the City of
Clearwater.
B. Permitted signage.
1. Signage which is proposed as part of a Comprehensive Sign Program may
deviate from the minimum sign standards in terms of number of signs per
business or parcel of land, maximum area of a sign face per parcel of land
and the total area of sign faces per business or parcel of land, subject to
compliance with the flexibility criteria set out in Section 3-1808.C. A
Comprehensive Sign Program shall be approved pursuant to the provisions
Attachment number 2 \nPage 23 of 26
Item # 8
JAX\1661875_12 -24-
set out in Section 4-1008. Prohibited signs in Section 3-1804 are not
eligible for a Comprehensive Sign Program. Electronic changeable
message signs, back-lit awnings, cabinet signs, and raceway signs are not
eligible to be utilized as signs as part of a Comprehensive Sign Program.
2. As part of a comprehensive sign program, the community development
coordinator shall review all sign types (freestanding, attached, windows,
interior site directional, etc.) for the business and/or the development
parcel to achieve compliance in so far as possible with these current
regulations. A master sign plan for shopping centers, including all out
parcels, and office complexes shall include all types of signs for all
tenants/uses within the development parcel. The community development
coordinator may allow for flexibility in reviewing the master sign plan if it
results in a substantially improved and comprehensive proposal. With a
master sign plan, the community development coordinator may permit
interior site directional signs at a size and location(s) related to the
development project, with up to a maximum height of six feet.
C. Flexibility criteria.
1. Architectural theme.
a. The signs proposed in a comprehensive sign program shall be
designed as a part of the architectural theme of the principal
buildings proposed or developed on the parcel proposed for
development and shall be constructed of materials and colors
which reflect an integrated architectural vocabulary for the parcel
proposed for development; or
b. The design, character, location and/or materials of all freestanding
and attached signs proposed in a comprehensive sign program shall
be demonstrably more attractive than signs otherwise permitted on
the parcel proposed for development under the minimum signs
standards. All signs must be architecturally integrated into/with the
design of the building and/or site using similar and coordinated
design features, materials and colors, etc.
2. The height of all freestanding signs proposed through the comprehensive
sign program shall relate to the design of the sign and shall not exceed
fourteen feet in height, except in the D and T Districts, the height shall not
exceed six feet in height except for signs associated with publicly-owned
property and/or public projects which are architecturally and aesthetically
integrated into a fence and/or wall.
3. Lighting. Any lighting that is internal to the sign letters or graphic
elements (e.g., internally lit or back-lit, or that is indirect exterior lighting,
e.g., goose neck lighting) proposed as a part of a comprehensive sign
Attachment number 2 \nPage 24 of 26
Item # 8
JAX\1661875_12 -25-
program is automatically controlled so that the lighting is turned off at
midnight or when the business is closed, whichever is later.
4. Height, area, number and location of signs. The height, area, number and
location of signs permitted through the Comprehensive Sign Program shall
be determined by the Community Development Coordinator based on the
following criteria: overall size of site, relationship between the building
setback and sign location, frontage, access and visibility to the site,
intended traffic circulation pattern, hierarchy of signage, scale and use of
the project, consistency with Beach by Design, Clearwater Downtown
Redevelopment Plan or any other applicable special area plan and
submittal of a master sign plan for the development parcel/project.
Additionally, the maximum permitted sign area shall be based on the
following formula when evaluated against the above criteria:
a. Attached signs—The maximum area permitted for attached
signage shall range from one percent up to a maximum of six
percent of the building facade to which the sign is to be attached.
In no event shall the size of an attached sign exceed one hundred
fifty square feet. For regional malls, the maximum size of any
attached sign that is otherwise allowed shall not exceed six percent
of the building facade facing the street, but in no case more than
three hundred square feet.
b. Freestanding signs—The maximum permitted area of all
freestanding signs on a site shall not exceed the range of sign area
permitted by the street frontage or building facade calculation
methods set forth in Section 1807.B.1.c.i. and ii.
5. Community character. The signage proposed in a comprehensive sign
program shall not have an adverse impact on the community character of
the City of Clearwater.
6. Property values. The signage proposed in a comprehensive sign program
will not have an adverse impact on the value of property in the immediate
vicinity of the parcel proposed for development.
7. Elimination of unattractive signage. The signage proposed in a
comprehensive sign program will result in the elimination of existing
unattractive signage and nonconforming signage and will result in an
improvement to the appearance of the parcel proposed for development in
comparison to signs otherwise permitted under the minimum sign
standards.
8. Special area or scenic corridor plan. The signage proposed in a
comprehensive sign program is consistent with any special area or scenic
corridor plan which the City of Clearwater has prepared and adopted for
Attachment number 2 \nPage 25 of 26
Item # 8
JAX\1661875_12 -26-
the area in which the parcel proposed for development is located.
Section 3-1809. - Severability.
A. Generally; severability where less speech results. If any part, section, subsection,
paragraph, subparagraph, sentence, phrase, clause, term, or word of this Division
18 is declared or held to be invalid or unconstitutional by any court of competent
jurisdiction, such declaration or holding shall not affect any other part, section,
subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of
this Division 18 or in Article 8 (definitions and rules of construction) of this
Community Development Code, even if such severability would result in less
speech, whether by subjecting previously exempt signs to this Community
Development Code’s permitting requirements, or otherwise.
B. Severability of provisions pertaining to billboards and other prohibited signs and
sign-types. Without diminishing or limiting in any way the declaration of
severability set forth above or elsewhere in this Division 18, or in the Community
Development Code, or in any adopting ordinance, if any part, section, subsection,
paragraph, subparagraph, sentence, phrase, clause, term, or word of this division
or any other law is declared or held to be unconstitutional or invalid by any court
of competent jurisdiction, such declaration or holding shall not affect any other
part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term,
or word of this Division 18 or Article 8 of this Community Development Code
that pertains to prohibited signs, including specifically the prohibition on
billboards and those signs and sign-types prohibited and not allowed under
Section 3-1804 of this Article 3.
Attachment number 2 \nPage 26 of 26
Item # 8
Community Development Board – July 17, 2012/Revised for City Council Aug. 2, 2012
TA2012-04005 – Page 1
CDB Meeting Date: July 17, 2012
Case Number: TA2012-04005
Ordinance No.: 8343-12
Agenda Item: F. 3.
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
REQUEST: Amendments to the Community Development Code – Ordinance Number
8343-12
INITIATED BY: Planning and Development Department
BACKGROUND:
In 2009, the Clearwater Regional and Beach Chambers of Commerce established a Task Force of
the Clearwater Government Affairs Committee to create a forum to discuss issues and
ordinances that affect the two Chamber groups. The first undertaking of the Task Force was to
review the City’s sign ordinance. Their approach was to work with the City on a topic-by-topic
basis and the first topic brought forward was sandwich board signs. On September 17, 2009
draft regulations allowing sandwich board signs were presented to City Council for its
consideration. No action was taken as Council directed the Task Force to identify all desired
amendments and present them at one time.
On April 15, 2010, the City Attorney’s Office presented Ordinance No. 8158-10 to City Council
in response to an Order issued by the United States District Court for the Middle District of
Florida addressing constitutional issues in two areas of the City’s sign code as a result of The
Complete Angler, LLC, et al. v. The City of Clearwater, Florida, Case No. 8:09-cv-346-T-
27EAJ. Specifically, the Court found that, as applied, the distinction between “art work” and
“sign” which turns on whether a painting or other work is displayed in connection with a
commercial enterprise is an impermissible restriction on non-commercial speech. Additionally,
the Court’s discussion of the exemption from permitting for “holiday decorations”, combined
with the Eleventh Circuit’s opinion in Solantic, LLC v. City of Neptune Beach, 410 F.3d 1250
(11th Cir. 2005), indicate that the current exemption could be construed by the Court as an
unconstitutional content-based provision. The City Attorney’s office determined that certain
amendments to the Community Development were appropriate in order to comply with the
Court’s Order and prevent further litigation regarding the issues.
City Council continued Ordinance No. 8158-10 to a date uncertain so the City to get input on the
ordinance. On May 3, 2010 Council authorized the City Attorney to hire Mr. William D.
Brinton, RogersTowers, P.A. as outside counsel to review the sign code and make
recommendations on any necessary amendments and to review proposed revisions by any
stakeholder groups.
Attachment number 3 \nPage 1 of 16
Item # 8
Community Development Board – July 17, 2012/Revised for City Council Aug. 2, 2012
TA2012-04005 – Page 2
The Chamber Task Force, in concert with representatives of the sign industry, submitted
proposed revisions to the Clearwater sign code in the summer of 2010. The Planning and
Development Department met multiple times with Chamber and industry representatives and
developed a list of proposed amendments which were presented to City Council for discussion
on April 18, 2011. At that meeting some general agreement and direction was provided. When
the Mayor’s Business Task Force was established in April 2011, Council requested that signage
be a topic of their discussion as well. Through that process, the Chamber and the Business Task
Force came to agreement on 17 recommendations for Council’s consideration and on September
28, 2011 City Council directed staff and the Business Task Force Executive Committee to meet
and discuss the recommendations and determine areas of agreement and disagreement. Staff and
the Task Force Executive Committee met on October 20, 2011 to discuss the proposed
recommendations and on December 14, 2011 presented the final list to City Council. Direction
was provided at that meeting to prepare an ordinance that would address the issues of agreement
and to get input from the City’s outside legal counsel on several topics for consideration.
ANALYSIS:
Proposed Ordinance No. 8343-12 repeals and replaces Article 3, Division 18 Signs of the
Clearwater Community Development Code in its entirety and includes amendments to Article 8,
Section 8-102, Definitions relating to signage. Amendments implement recommendations of the
Business Task Force/Chamber that City Council agreed to make, ones recommended by the
City’s outside legal counsel and City Attorney’s Office to address the order of The Complete
Angler case and other constitutional issues, as well as some revisions recommended by the
Planning and Development Department. The proposed revisions strike a balance between sign
function, aesthetics, and pedestrian and vehicular safety and implement the general principles
and purposes of the City’s sign regulations.
Accompanying the staff report is Ordinance No. 8343-12 and Exhibit 1 which is the proposed
new Division 18, Attachment 1, a strike-through and underlined version of Division 18
illustrating the changes proposed to the existing sign code, and Attachment 2 which lists the
Business Task Force recommendations, staff’s responses and how and where those
recommendations are addressed in the ordinance.
Proposed Amendments Addressing the Business Task Force Recommendations
Amendments addressing the recommendations of the Business Task Force primarily focus on
providing additional permanent signage and greater sign area for businesses and are outlined
below.
· New Formulas for Attached and Freestanding Sign Area in Non-residential Zoning District (see
Sections 3-1807.B.1, B.2 and B.3, pages 17-24 of Attachment 1)
To provide greater sign area to the business community through the building permit process
and to incentivize quality designed signs, two minimum standard options for attached signs
are proposed to replace the current formulas that limit attached signage to a minimum of 20
square feet and to a maximum of 24 square feet. One proposed option would permit a 24
Attachment number 3 \nPage 2 of 16
Item # 8
Community Development Board
square foot sign as of right
option would allow a sign area
square feet provided certain sign types
channel letters mounted directly on the building, illuminated capsule signs, contour cabinet
signs, etc. The proposed ordinance would
lots to erect an attached sign on each façade fronting a right
above standards. Under the current code provisions, this
reviewed and approved through the Comprehensive Sign Program
allowed through the three percent (3%)
Certain sign types would not be permitted
option as they do not present a high quality/attractive appearance
square/rectangular cabinet signs
of such signs.
Channel Letters Mounted on Building
Oval Cabinet Sign
Community Development Board – July 17, 2012/Revised for City Council Aug. 2, 2012
TA2012-04005 – Page 3
regardless of building/lot size and sign type/design
area equal to three percent (3%) of the building façade
provided certain sign types of a higher quality of design are proposed such a
channel letters mounted directly on the building, illuminated capsule signs, contour cabinet
The proposed ordinance would also permit businesses located on corner or
to erect an attached sign on each façade fronting a right-of-way in compliance with the
r the current code provisions, this additional sign would need to be
reviewed and approved through the Comprehensive Sign Program. Examples of sign types
three percent (3%) minimum standard option follow.
Cut Out Letter Attached to Building
would not be permitted though the three percent (3%) minimum standard
as they do not present a high quality/attractive appearance
cabinet signs, raceway signs, and back-lit awnings. Below are examples
Channel Letters Mounted on Building Contour Cabinet Sign
Channel Letters and Illuminated Capsule Sign
/Revised for City Council Aug. 2, 2012
regardless of building/lot size and sign type/design. The other
building façade up to 36
are proposed such as
channel letters mounted directly on the building, illuminated capsule signs, contour cabinet
corner or through
way in compliance with the
additional sign would need to be
Examples of sign types
e three percent (3%) minimum standard
as they do not present a high quality/attractive appearance, including
Below are examples
Contour Cabinet Sign
Channel Letters and Illuminated Capsule Sign
Attachment number 3 \nPage 3 of 16
Item # 8
Community Development Board – July 17, 2012/Revised for City Council Aug. 2, 2012
TA2012-04005 – Page 4
The same concept is also proposed for revising the formulas for freestanding signs in non-
residential zoning districts, including the Downtown (D) and Tourist (T) Districts. The
current formula allows one square foot per two linear feet of street frontage; one square foot
per 100 square feet of building facade facing the street; or 64 square feet (or 40 square feet in
D and T), whichever is less, with a minimum of 20 square feet. Proposed Ordinance No.
8343-12 creates two minimum standard options: the first allows one 24 square foot
freestanding sign per parcel of any design/sign type and the other allows one freestanding
sign up to three percent (3%) of the building façade or one square foot of signage for every
three feet of linear lot frontage, whichever is less but not exceeding 36 square feet. In order
to be eligible for this greater sign area, the sign design has to be consistent with or
complement the architecture of the building by incorporating a distinctive design or
architectural element used on the building in the sign structure, along with defining materials,
textures and color, etc. Corner/through lots have the option of erecting one freestanding sign
or two signs based on the same formula plus an additional 15 square feet. In the Downtown
(D) and Tourist (T) Districts, the proposed ordinance also increases the height of monument
signs from four feet to six feet as of right. Under the provisions of the current code,
businesses must file a Comprehensive Sign Program to erect a six foot monument sign.
Below are examples of freestanding signs that would meet the design criteria established in
Ordinance 8343-12.
Monument Sign
Free Standing Sign
Raceway Sign Rectangular Cabinet Signs
Attachment number 3 \nPage 4 of 16
Item # 8
Community Development Board
Monument Sign
The proposed amendments provide businesses owners with
sign area as of right, greater sign height in the D
right, and provide business owners with choices
budget. These amendments will
Comprehensive Sign Program application
and still maintain the City’s aesthetic goals. These amendments will
of staff time spent processing
· Signage Allowed in Addition to
Signs on Rear Facades (see Section 3
In addition to the new minimum standard options outlined above, businesses that have
facades facing parking lots
Clearwater Harbor or Mandalay Channel will be permitted to
the vicinity of the entrance
square/rectangular cabinet sign
only be allowed through a Comprehensive Sign Progra
Graphic Elements (see Section
Proposed Ordinance No. 8343
graphic element on an awning
is not back-lit and the graphic does not exceed 25% of the awning area or 16 square feet,
whichever is less. This provision is intended to allow businesses flexibility to provide an
attractive and interesting element to their building.
both text and graphic element
provision. Below is an example that illustrates the intent of this provision even though the
graphic may exceed 25% of the surface
Community Development Board – July 17, 2012/Revised for City Council Aug. 2, 2012
TA2012-04005 – Page 5
Monument Sign
amendments provide businesses owners with greater attached and freestanding
greater sign height in the Downtown (D) and Tourist (T
owners with choices based on their needs, desired sign t
budget. These amendments will likely reduce the smaller business owner’s need to file a
ensive Sign Program application, which will save the owner both time and money
and still maintain the City’s aesthetic goals. These amendments will also reduce the amount
processing Comprehensive Sign Program applications.
Signage Allowed in Addition to Primary Attached and Freestanding Sign
(see Section 3-1807.B.3.d, page 23 of Attachment 1)
n addition to the new minimum standard options outlined above, businesses that have
facades facing parking lots with rear public entrances or facades with entrances fronting
Clearwater Harbor or Mandalay Channel will be permitted to erect a 16 square foot sign
ntrance provided the sign is not erected on a raceway or is not a
cabinet sign. Under the current ordinance, such additional signage c
Comprehensive Sign Program application.
(see Section 3-1805.F, page 7 of Attachment 1)
Ordinance No. 8343-12 also provides businesses an opportunity
awning in addition to allowable attached signage provided
lit and the graphic does not exceed 25% of the awning area or 16 square feet,
whichever is less. This provision is intended to allow businesses flexibility to provide an
attractive and interesting element to their building. In the event the business wants to include
graphic element on the awning, it will be governed by the attached signs
Below is an example that illustrates the intent of this provision even though the
exceed 25% of the surface area.
/Revised for City Council Aug. 2, 2012
Monument Sign
attached and freestanding
Tourist (T) Districts as of
desired sign types and
business owner’s need to file a
which will save the owner both time and money,
also reduce the amount
n addition to the new minimum standard options outlined above, businesses that have rear
facades with entrances fronting
a 16 square foot sign in
erected on a raceway or is not a
Under the current ordinance, such additional signage could
an opportunity to incorporate a
signage provided the awning
lit and the graphic does not exceed 25% of the awning area or 16 square feet,
whichever is less. This provision is intended to allow businesses flexibility to provide an
event the business wants to include
, it will be governed by the attached signs
Below is an example that illustrates the intent of this provision even though the
Attachment number 3 \nPage 5 of 16
Item # 8
Community Development Board
Sidewalk Signs (see Section 3
The proposed ordinance allows sidewalk signs for retail and restaurant uses (excluding
accessory uses) throughout the city
width (eight square feet) provided they are located within two feet of the building wall,
unless in the Cleveland Street Café District
adjacent to the buildings. Certain
Signs must be constructed of durable wood/metal, have a frame that supports certain chalk
marker boards or professionally designed posters protected by a c
are also prohibited such as plastic sig
changeable copy areas, etc.
basis to ensure that all signs meet
liability insurance is maintained for those
some examples of the types of sidewalk signs that would be permitted and prohibited by the
ordinance.
Acceptable Sidewalk Signs
Community Development Board – July 17, 2012/Revised for City Council Aug. 2, 2012
TA2012-04005 – Page 6
Sidewalk Signs (see Section 3-1807.4, pages 24 – 25 of Attachment 1)
The proposed ordinance allows sidewalk signs for retail and restaurant uses (excluding
accessory uses) throughout the city. Such signs can be 42 inches in height and 24
provided they are located within two feet of the building wall,
unless in the Cleveland Street Café District where a clear five foot path must
Certain design and construction standards are required to be met.
constructed of durable wood/metal, have a frame that supports certain chalk
nally designed posters protected by a clear covering. Certain signs
such as plastic signs (unless a wind sign), white marker boards
changeable copy areas, etc. Staff is recommending that a permit be obtained
signs meet the size and design criteria and that evidence of
is maintained for those signs located on the public right-of
some examples of the types of sidewalk signs that would be permitted and prohibited by the
Acceptable Sidewalk Signs
/Revised for City Council Aug. 2, 2012
The proposed ordinance allows sidewalk signs for retail and restaurant uses (excluding
be 42 inches in height and 24 inches in
provided they are located within two feet of the building wall,
must be maintained
required to be met.
constructed of durable wood/metal, have a frame that supports certain chalk
lear covering. Certain signs
white marker boards, signs with
Staff is recommending that a permit be obtained on a yearly
the size and design criteria and that evidence of general
of-way. Below are
some examples of the types of sidewalk signs that would be permitted and prohibited by the
Attachment number 3 \nPage 6 of 16
Item # 8
Community Development Board – July 17, 2012/Revised for City Council Aug. 2, 2012
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Prohibited Sidewalk Signs
The City has historically prohibited these types of signs due to the visual and physical clutter
they create and the Planning and Development Department does not support their use
throughout the city for those reasons. The Department is also concerned about the amount of
staff time it will take to administer, monitor and enforce the ordinance and believes when
enforcement actions take place, those who do not have a permit or have erected a sign that
does not meet the design criteria will view the City as business unfriendly. It should be
emphasized that this ordinance increases the amount of permanent signage a business can
have, as well as the amount of window sign area, which can be a place for temporary
messages like those typically displayed on sidewalks signs (see below). Furthermore,
attached menu signs are allowed by Division 18 and this ordinance increases the allowable
size from four square feet to six square feet.
· Greater Flexibility for Window Signs and Grand Opening Signs (see Sections 3-1806.O and
3-1806.D.1, pages 8 and 12 of Attachment 1)
Ordinance No. 8343-12 includes revisions to the window sign provisions. Currently window
signs are restricted to eight square feet on any window area provided the total area of all
signs does not exceed 25% of the window area and no more than 24 square feet. This is
complicated to administer, limiting for businesses and cumbersome to enforce. The proposed
amendment would allow 25% of the total window area fronting a right-of-way to be used for
signage provided the total area of all signs on the window does not exceed 50 square feet.
Another substantive change proposed to the sign code increases the size of temporary grand
opening signs from 12 square feet to 24 square feet in order to provide more visibility to new
businesses.
· Removal of Discontinued Signs (see Sections 3-1804.D and 8-102 – definition of sign,
discontinued, page 4 of Attachment 1 and page2 62 - 63 of Ordinance)
To be consistent with current practices, Ordinance No. 8343-12 increases the amount of time
that must lapse before a nonconforming sign has to be removed. Currently the Code requires
removal of such signs 30 days after a business closes or license expires. Staff has never
Attachment number 3 \nPage 7 of 16
Item # 8
Community Development Board – July 17, 2012/Revised for City Council Aug. 2, 2012
TA2012-04005 – Page 8
enforced in that amount of time as it is not reasonable. The proposed ordinance deletes the
definition and provision for abandoned signs and replaces it with discontinued signs and
increases the amount of time a business must be closed to 180 days before requiring its sign
to be removed. This is the same timeframe established in Community Development Code
Section 6-103 for determining when a nonconforming use has been discounted and lost its
right to be reestablished.
· Non-substantive Amendments (see Sections 3-1804.P, 3-1806.A and I, pages 5, 8, and 10 of
Attachment 1)
The Business Task Force identified several non-substantive revisions which have been
included in Ordinance No. 8343-12 and address prohibited moving/revolving signs, the
orientation of freestanding menu signs at drive-throughs, and the size of address signs for
non-residential uses.
· Topics Identified For Additional Input from the City’s Outside Legal Counsel (see Section 8-
102, page 66 of Ordinance)
The Planning and Development and Legal Departments consulted with the City’s outside
legal counsel on several issues as directed including signs on umbrellas, human signs and
vehicle signs. With regard to signs on umbrellas there are concerns about the impacts such
amendment could have if a content-based constitutional challenge was made so staff is not
recommending an allowance for such signs. Also no amendments are proposed to the human
sign provisions at this time. There may be options outside of the land development
regulations to better address the issue. Vehicle signs are currently prohibited by the Code,
however, a new definition is proposed to replace the current one to better articulate what
constitutes a vehicle sign to aid in enforcement efforts. The new definition specifies that the
sign area on the vehicle must exceed 10 square feet. It also requires that the vehicle not be
regularly used for business and be visible from a street right-of-way within 100 feet of the
vehicle and be parked for more than five consecutive hours within 100 feet from the right-of-
way.
Amendments Proposed by Staff/Outside Legal Counsel
To better position the city with regard to First Amendment issues and to address some desired
changes by the Planning and Development Department, Ordinance No. 8343-12 contains quite a
few amendments in addition to those recommended by the Business Task Force and are
summarized below.
· Section 3-1803 – Exempt Signs (page 3 of Attachment 1)
As recommended by the City’s outside legal counsel, a new section is proposed to Division
18 which clarifies that certain types of signs are not regulated. These include traffic control
signs, those not visible from a right-of-way or navigable body of water, signs on cars, as well
as statutory signs.
Attachment number 3 \nPage 8 of 16
Item # 8
Community Development Board – July 17, 2012/Revised for City Council Aug. 2, 2012
TA2012-04005 – Page 9
· Section 3-1804 – Prohibited Signs (pages 4 – 6 of Attachment 1)
Two substantive revisions are proposed to the prohibited section of the Code. While
Division 18 does not explicitly state billboards are prohibited, height, area and number
limitations preclude the use of such signs. Staff is recommending it appropriate to further
clarify the City’s intent by adding billboards to the prohibited sign section of the Code.
Because electronic changeable message signs are distracting and serve to degrade community
aesthetics, they are inconsistent with the general principles and purposes of Division 18.
Current Code provisions could be clearer with regard to these signs; therefore electronic
changeable messages are proposed to be prohibited except in limited circumstances.
Proposed Ordinance No. 8343-12 clarifies they may be incorporated into menu signs
provided the message doesn’t change more frequently than once every three hours (to
accommodate changes in menu items e.g., breakfast, lunch and dinner) and they may
continue to be used on existing and legally nonconforming message signs which include
messages which change no more frequently than once every six hours and on signs that only
display time and temperature which changes once every 15 seconds.
· Section 3-1805- General Standards (pages 6 - 8 of Attachment 1)
To be consistent with the general prohibition on electronic changeable message signs,
proposed Ordinance No. 8343-12 eliminates Section 3-1805.F which currently allows time
and temperature signs. This deletion should not negatively impact the public as such signs
are somewhat obsolete since the majority of cars and cell phones provide this information.
Additionally a new section regarding the substitution of noncommercial speech for
commercial speech was added by the City’s outside legal counsel. The provision allows any
sign that contains a commercial message to be changed by the owner to a noncommercial
message provided the sign does not violate any sign regulations related to prohibited
signs/sign types, and provided that the manner or frequency of the changes does not violate
restrictions on electronic/illuminated signs and provided the sign being changed is in
compliance with all applicable dimensional criteria. This provision further strengthens the
City’s intent of protecting noncommercial speech.
· Section 3-1806 – Signs Permitted Without a Permit (pages 8 – 15 of Attachment 1)
Many revisions are proposed to Section 3-1806 and most have been recommended by the
City’s outside legal counsel to strengthen the constitutionality of the Code. Amendments are
proposed to bring more consistency to the sizes allowed for various signs allowed without a
permit and to establish maximum sign heights for many temporary signs where the Code
currently does not provide one.
In response to issues raised in The Complete Angler case, artwork/architectural detail and
holiday decorations are being removed from the sign code as they are not signage.
Attachment number 3 \nPage 9 of 16
Item # 8
Community Development Board – July 17, 2012/Revised for City Council Aug. 2, 2012
TA2012-04005 – Page 10
Current provisions regulating temporary yard sign for political candidates/issues and a
temporary sign for no stated specific purpose are being replaced with free expression signs
and temporary election signs. Both signs are proposed to be three square feet in area on
residential properties and 18 square feet on nonresidential property. Current code provisions
allow six square feet and 32 square feet respectively. The amendment revises those to better
reflect what is typically used within the community. Both types of signs can be erected for
any duration provided the temporary election sign is removed within seven days after the
election to which the sign pertains. Every property in the City will be permitted one free
expression sign and one election sign per candidate/issue no more than three square feet in
area and four feet in height on properties occupied by single family dwellings, duplexes and
townhouses units and six feet in height on all other property (see Section 3-1806.B, C and N.)
Amendments are proposed to the temporary construction sign regulations that increase the
amount of construction signage allowed for a multi-family use. A total of 32 square feet is
proposed consistent which is the amount allowed for nonresidential uses. A similar change is
proposed for temporary real estate signs. Multi-family properties are limited to a six square
foot real estate sign and the proposal increases it to 32 square feet to be consistent with the
nonresidential provisions. (see Sections 3-1806.F and M).
There has been confusion about how to interpret Section 3-1806.G which allows one or three
flags on a property and Section 3-1805.D which states a flag can be used as a permitted
freestanding or attached sign and if used has to be considered a sign for the purposes of
allowable sign area. In attempt to eliminate any confusion, a sentence is being added to
Section 3-1806.G that states the area of the flag in this instance (one – three flags) is not
included when determining sign area.
Staff has also included an increase in the size of drive-through menu signs set forth in
Section 3-1806.I from 16 to 24 square feet as menu signs are typically larger than 16 square
feet.
Sign regulations for marinas have been consolidated into one subsection and a new provision
has been added to allow a marina to erect directional signs. In particular this will assist the
Clearwater Beach Marina in providing the public better information regarding the location of
different activities/businesses located throughout the marina. The ordinance also proposes
increases to the allowable size of signs at the individual charter/commercial vessel slips from
four square feet to six square feet in size (see Section 3-1806.L).
Lastly adopt-a-park signs currently addressed in Section 3-1807.A.4 are being moved to
Section 3-1806.W and a new sign type is being added that allows the City to erect signs that
recognize funding sources (e.g., grants for various public amenities/improvements).
Attachment number 3 \nPage 10 of 16
Item # 8
Community Development Board – July 17, 2012/Revised for City Council Aug. 2, 2012
TA2012-04005 – Page 11
· Section 3-1807 - Permitted Signs Requiring Development Review (see pages 16, 17, 19, 22,
23, 26, and 27 of Attachment 1)
In addition to the amendments supported by the Business Task Force, staff is recommending
some amendments to bring internal consistency to the section, to address some specific
requirements of the Clearwater Downtown Redevelopment Plan and to provide more
flexibility along U.S 19.
Currently Section 3-1807.A.3 provides for signs for schools and parks located in residential
zoning districts. Since schools and parks are also allowed in nonresidential districts the
existing section is being deleted and a new section is being established (Section 3-1807.C) to
regulate such signs. Staff is also proposing to increase the allowable height from five feet to
six feet to provide more design flexibility but still ensure a scale that is compatible in a
residential setting. Additionally there are sign allowances for resident equivalent uses such
as assisted living facilities, large residential group homes, nursing homes and congregate
facilities as the Code currently does not provide for such signage. One 24 square foot sign
six feet in height is proposed (see Section 3-1807.A.3).
In response to concerns articulated about recent construction changes on U.S. 19 and
decreased visibility as a result of those improvements, the Planning and Development
Department is proposing to revise Section 3-1807.B.1.i. The current provision allows sign
height to be measured at overpasses from the crown of the roadway. Staff is proposing to
revise this section to allow freestanding sign height to be measured from the top of the barrier
wall on the elevated roadway measured at its highest point adjacent to the sign location. The
Florida Department of Transportation is also adding barrier walls along the frontage roads
and in the centerline of U.S. 19 which will further impact business visibility. To mitigate the
impacts of these walls, Staff is recommending a provision be added that allows sign height to
be measured from the top of the wall adjacent to the property along the frontage road or
within the center of the right-of-way, whichever is higher.
In light of the fact the Clearwater Downtown Redevelopment Plan design guidelines have
some specific requirements regarding signage, Staff believes it is appropriate to incorporate
those standards into the Community Development Code to better inform the public of all
requirements that may impact a sign proposal in the Downtown area. Section 3-1807.B.2.g
has been added and specifies that only properties within the Downtown that have a building
setback of 20 feet or more are allowed to erect a monument sign and that manual changeable
copy area is restricted to 25% of any sign face area.
Due to the unique needs and characteristic of large entertainment facilities, Section 3-
1807.B.6 is being amended to clarify that electronic changeable message signs may be
erected by facilities located on publicly owned property that exceed 35 acres in area and
have 2000 seats provided such sign complies with existing criteria for changeable copy signs
erected on publicly owned property. Additionally, a new subsection is being added to
clearly recognize that that all signs may include an area for manually changeable copy
provided the sign meets all applicable area and design criteria.
Attachment number 3 \nPage 11 of 16
Item # 8
Community Development Board – July 17, 2012/Revised for City Council Aug. 2, 2012
TA2012-04005 – Page 12
· Section 3-1808 – Comprehensive Sign Program (see pages 27 – 29 of Attachment 1)
Several substantive revisions are proposed to the Comprehensive Sign Program. Section 3-
1808.B.1 is revised to reflect that electronic changeable message signs, cabinet signs and
signs on raceway are not allowed sign types through the Comprehensive Sign Program. The
purpose of this amendment is to clearly articulate signs types which do not meet the “higher
quality of design” standards required for program thereby providing better direction for those
filing a Comprehensive Sign Program application. Section 3-1808.C.2 is also being
amended to allow for the potential of signs integrated into fences or walls that exceed six feet
in height on publicly owned property such as the library, City Hall, Coachman Park, etc. By
definition, signs placed on wall/fences are considered to be freestanding signs and in the
Downtown (D) and the Tourist (T) Districts such signs are limited to a maximum height of
six feet. Fences are an appropriate means of defining a public space in an attractive and
unique manner and providing for the possibility of signs integrated into such fences is an
appropriate use of the Comprehensive Sign Program.
Lastly Section 3-1807.C.4.a includes a new provision establishing a maximum sign area for
attached signs approved through the Comprehensive Sign Program. The current formula
allows signs up to 6% of a building façade on which the sign is attached. When applied to
structures with multiple stories the potential amount of signage is great; therefore Staff is
proposing to establish a maximum of 150 square feet unless at a regional mall where 300
square feet would be appropriate. These amounts were arrived at through a review of
existing approved CSPs for larger projects.
· Section 3-1809 - Severability (see pages 29 – 30 of Attachment 1)
To better assist in upholding and sustaining as much of the City’s sign ordinance as possible,
a new section entitled Severability is proposed. While there is a severability provision in
Section 1-107 of the Community Development Code, outside legal counsel is recommending
one be specifically added to Division 18 to ensure severability provisions apply to the
maximum extent possible.
· Section 8-102 – Definitions (see pages 62 - 67 of Ordinance)
Ordinance No. 8343-12 includes a number of additions and deletions to the definition section
of the Community Development Code to fully implement revisions proposed to Article 3,
Division 18 Signs. In order to address The Complete Angler order, a revised definition of
artwork is proposed and a definition for holiday decoration has been added. The definition of
sign is also amended to specifically indicate a sign does not include artwork or
holiday/seasonal decorations (see page 61 of Ordinance).
Definitions are also proposed for graphic element and other types of signage such as cabinet
sign, raceway sign, garage-yard sale sign, machinery or equipment sign, construction sign,
safety sign, statutory signs, and traffic control device sign. Temporary sign is proposed to be
deleted and replaced with election sign and free expression sign, which is defined as a sign
that provides information on matters of public policy or concern or any other lawful
Attachment number 3 \nPage 12 of 16
Item # 8
Community Development Board – July 17, 2012/Revised for City Council Aug. 2, 2012
TA2012-04005 – Page 13
noncommercial speech. A new expanded definition of construction sign is proposed to
clarify the purpose of such signs. Abandoned sign is proposed to be eliminated and
discontinued sign added which is a sign that advertises a product/service no longer available,
a business no longer licensed, which is blank or advertises a business no longer doing
business for a period of 180 days (implementing one of the Business Task Force
recommendations). A definition of sidewalk sign is replacing the sandwich board sign
definition and is broader in scope to reflect the increased design options for signs made to be
placed upon sidewalks.
CRITERIA FOR TEXT AMENDMENTS:
Section 4-601, CDC, sets forth the procedures and criteria for reviewing text amendments. All
text amendments must comply with the following:
1. The proposed amendment is consistent with and furthers the goals, policies and
objectives of the Comprehensive Plan.
A review of the Clearwater Comprehensive Plan identified the following Goals, Objectives
and Policies which will be furthered by the proposed Code amendments:
Goal A.3 The City of Clearwater shall ensure that all development or redevelopment
initiatives meet the safety, environmental, and aesthetic needs of the City
through consistent implementation of the Community Development Code
The general principles and purposes of Division 18 recognize that safety
and community appearance are of paramount interest to the City of
Clearwater and all regulations contained in Ordinance No 8343-12
implement those purposes and principles. Appropriate sign regulations
are critical in creating a safe and attractive environment. New formulas
for attached and freestanding signs are reasonable and provide options
that incentivize the use of quality and attractive signs. Due to safety and
aesthetic concerns, the prohibited section of the code is being amended to
clarify that certain signs, including billboards and electronic message
signs and billboards do not meet the safety and aesthetics needs of the
City. The Comprehensive Sign Program, which is a design based
program, is being further strengthened by prohibiting the use of certain
sign types that have been determined to not meet the higher quality of
design standards. And the ordinance is providing for the use of graphic
elements on awnings in addition to allowable sign area due to the
aesthetic benefits such graphics can provide.
Objective A.3.1 All signage within the City of Clearwater shall be consistent with the
Clearwater sign code, as found within the Community Development Code,
and all proposed signs shall be evaluated to determine their effectiveness
in reducing visual clutter and in enhancing the safety and attractiveness of
the streetscape.
Attachment number 3 \nPage 13 of 16
Item # 8
Community Development Board – July 17, 2012/Revised for City Council Aug. 2, 2012
TA2012-04005 – Page 14
Proposed Ordinance No. 8343-12 includes amendments which balance
business need to have effective signage with the City’s need to have a safe
and attractive environment. Allowable sign area is proposed to be
increased in a reasonable manner to aid business identification. Two
minimum standard options for determining allowable sign area are being
established and one allows greater sign area but requires attractive and
quality designed signs that will have a positive impact on the visual
environment thus furthering the City’s goal of maintaining an attractive
visual and business environment. Prohibiting billboards, signs that move,
revolve, rotate, etc., and other distracting signs, including electronic
changeable message signs, in conjunction with reasonable limits on sign
area, height and location will greatly aid in minimizing and preventing
visual clutter, enhancing safety and maintaining an attractive community.
Policy A.3.1.1 Commercial signs in Clearwater shall be restricted to discourage the
proliferation of visual clutter, promote community aesthetics, provide for
highway safety, and to allow the identification of business locations.
Proposed Ordinance No. 8343-12 establishes reasonable sign area
parameters and limits such area to one permanent attached sign and one
freestanding sign, unless located on a corner or through lot. By limiting
the number of such signs to one, the regulations greatly discourage visual
clutter. Having design based approvals like the new three percent
minimum standard option and the Comprehensive Sign Program, greatly
promotes community aesthetics and provides businesses with greater sign
area to better identify their business location.
Policy A.3.1.2 Proliferation of billboards along major collector and arterial streets shall
be prevented as is currently provided.
While the current Division 18 precludes the use of billboards through its
sign area, number, and height regulations, Ordinance No. 8343-12
directly implements this policy by adding billboards to the Prohibited
Signs section of the sign ordinance (Section 3-1804).
Policy A.3.1.3 Sign identification of City parks and buildings shall be used as a positive
example of aesthetic and legible site identification.
The proposed ordinance establishes new regulations for freestanding sign
at parks in any zoning district whereas the current Code only provides for
them in residential zoning districts. The ordinance also increases the
allowable sign height to provide more design options which will enhance
the appearance and legibility of such signs.
Attachment number 3 \nPage 14 of 16
Item # 8
Community Development Board – July 17, 2012/Revised for City Council Aug. 2, 2012
TA2012-04005 – Page 15
2. The proposed amendment furthers the purposes of the Community Development Code
and other City ordinances and actions designed to implement the Plan.
The proposed text amendments will further the purposes of the CDC in that it will be
consistent with the following purposes set forth in Section 1-103.
It is the purpose of this Development Code to implement the Comprehensive Plan of the
city; to promote the health, safety, general welfare and quality of life in the city; to guide
the orderly growth and development of the city; to establish rules of procedure for land
development approvals; to enhance the character of the city and the preservation of
neighborhoods; and to enhance the quality of life of all residents and property owners of
the city (Section 1-103.A., CDC).
It is the further purpose of this Development Code to make beautification of the city a
matter of the highest priority and to require that existing and future uses and structures in
the city are attractive and well-maintained to the maximum extent permitted by law.
(Section 1-103.D, CDC).
Protect the character and the social and economic stability of all parts of the city through
the establishment of reasonable standards which encourage the orderly and beneficial
development of land within the city (Section 1-103.E.2, CDC).
Preserve the natural resources and aesthetic character of the community for both the
resident and tourist population consistent with the city’s economic underpinnings.
(Section 1-103.E.5, CDC).
Coordinate the provisions of this Development code with corollary provisions related to
parking, fences and walls, signs, minimum habitable area and like supplementary
requirements designed to establish an integrated and complete regulatory framework for
the use of land and water within the city (Section 1-103.E.12, CDC).
The amendments proposed in Ordinance No. 8343-12 will further the above referenced
purposes by implementing the Comprehensive Plan policies related to signage,
establishing a regulatory framework that limits the heights, size, number and setback of
signs in a manner that promotes vehicular and pedestrian safety, reduces clutter which
enhances community character and creates an attractive built environment which
contributes to the economic stability of the City.
SUMMARY AND RECOMMENDATION:
The proposed amendments to the Community Development Code are consistent with and will
further the goals of the Clearwater Comprehensive Plan and the purposes of the Community
Development Code, except the provision for sidewalk signs. Based upon the above, the Planning
and Development Department recommends APPROVAL of Ordinance No. 8343-12 which
amends the Community Development Code with the exception of the sidewalk sign provisions.
Alternatively, the Planning and Development Department recommends revising the ordinance to
Attachment number 3 \nPage 15 of 16
Item # 8
Community Development Board – July 17, 2012/Revised for City Council Aug. 2, 2012
TA2012-04005 – Page 16
allow sidewalk signs only in traditional urban corridors where businesses do not have space to
have freestanding signs and to limit the visual impact of such signs on the community.
Prepared by Planning & Development Dept. Staff:
Gina L. Clayton, Assistant Planning &
Development Director
Attachments:
Ordinance No. 8343-12
Exhibit 1 to Ordinance No. 8343-12
Attachment 1 – Strikethrough/Underlined Version of Division 18
Attachment 2 – Business Task Force Recommendations and Staff Responses
Memo To Council
Attachment 3 – Photographs of Certain Temporary Signs
Attachment number 3 \nPage 16 of 16
Item # 8
“ATTACHMENT 1”
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DIVISION 18. - SIGNS
Section 3-1801. - General principles.
Section 3-1802. - Purpose.
Section 3-1803. - Exempt signs.
Section 3-18034. - Prohibited signs.
Section 3-18045. - General standards.
Section 3-18056. - Signs permitted without a permit.
Section 3-18067. - Permitted signs requiring development review.
Section 3-18078. - Comprehensive sign program.
Section 3-1809. - Severability.
Section 3-1801. - General principles.
The regulation of signs as provided herein is based upon their function, and is not
based upon the content of the message contained on any such sign. The Florida
Constitution provides that it is the policy of the state to conserve and protect its scenic
beauty, and the regulation of signage for purposes of aesthetics directly serves that policy.
The city is a resort community on the west coast of the state with more than five miles of
beaches on the Gulf of Mexico. This city has an economic base which relies heavily on
tourism. In order to preserve the city as a desirable community in which to live, vacation
and do business, a pleasing, visually attractive urban environment is of foremost
importance. The regulation of signs within the city is a highly contributive means by
which to achieve this desired end. These sign regulations are prepared with the intent of
enhancing the urban environment and promoting the continued well-being of the city. The
enhancement of the visual environment is critical to a community’s image and its
continued presence as a tourist destination, and the sign control principles set forth herein
create a sense of character and ambiance that distinguishes the city as one with a
commitment to maintaining and improving an attractive environment.
Section 3-1802. - Purpose.
It is the purpose of this division to promote the public health, safety and general
welfare through a comprehensive system of reasonable, consistent and nondiscriminatory
sign standards and requirements. These sign regulations are intended to:
A. Enable the identification of places of residence and business.
B. Allow for the communication of information necessary for the conduct of
commerce.
C. Lessen hazardous situations, confusion and visual clutter caused by proliferation,
improper placement, illumination, animation and excessive height, area and bulk
of signs which compete for the attention of pedestrian and vehicular traffic.
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D. Enhance the attractiveness and economic well-being of the city as a place to live,
vacation and conduct business.
E. Protect the public from the dangers of unsafe signs.
F. Permit signs that are compatible with their surroundings and aid orientation, and
preclude placement of signs in a manner that conceals or obstructs adjacent land
uses or signs.
G. Encourage signs that are appropriate to the zoning district in which they are
located and consistent with the category of use to which they pertain.
H. Curtail the size and number of signs and sign messages to the minimum
reasonably necessary to identify a residential or business location and the nature
of any such business.
I. Establish sign size in relationship to the scale of the lot and building on which the
sign is to be placed or to which it pertains.
J. Preclude signs from conflicting with the principal permitted use of the site or
adjoining sites.
K. Regulate signs in a manner so as to not interfere with, obstruct vision of or
distract motorists, bicyclists or pedestrians.
L. Require signs to be constructed, installed and maintained in a safe and satisfactory
manner.
M. Preserve and enhance the natural and scenic characteristics of this waterfront
resort community.
N. Implement the City’s comprehensive plan and comply with the minimum
requirements established by state law that requires the regulation of signage.
Section 3-1803. - Exempt signs.
The following signs are exempt from regulation under this Division 18:
A. A sign, other than a window sign, located entirely inside the premises of a
building or enclosed space.
B. A sign on a car, other than a prohibited vehicle sign or signs.
C. A statutory sign.
D. A traffic control device sign.
E. Any sign not visible from a public street, sidewalk or right-of-way or from a
navigable waterway or body of water; except that the foregoing does not exempt a
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sign for a commercial use that is visible from an abutting residential use.
Section 3-18041803. - Prohibited signs.
The following types of signs are prohibited:
A. Abandoned signs. Abandoned signs and/or sign structures which are determined
to be nonconforming with the provisions of this division shall be required to be
removed by the property owner within 30 days after receipt of notification, or
refusal to accept delivery of notification by certified mail, that such removal is
required. Alternatively, the sign panels within the abandoned sign structure may
be removed and replaced with sign panels of neutral color and containing no
message.
A.B. Balloons, cold air inflatables, streamers, and pennants, except as allowed on
public property in Section 3-1805(V) Section 3-1806.R.
B.C. Bench signs, other than the identification of the transit company or its route
schedule.
C. Billboards.
D. Discontinued signs. Discontinued signs and/or sign structures which are
determined to be nonconforming with the provisions of this Division 18 shall be
required to be removed by the property owner after receipt of notification, or
refusal to accept delivery of notification by certified mail, that such removal is
required.
E.D. Except as provided in section 3-1806(B)(5), changeable message signs, except
menu and time and temperature signs, on which the message changes more
rapidly than once every six hours. Electronic changeable message signs unless
otherwise allowed herein (e.g., gasoline price signs), with the following
exceptions:
1. Menu signs that change no more frequently than once every three hours
and that are not otherwise prohibited.
2. Existing and legally nonconforming message signs:
a. General messages which change no more frequently than once
every six hours, including onsite gasoline price signs that meet the
requirements of this Division 18; or
b. Signs which only display time and/or temperature which change no
more frequently than once every fifteen seconds.
F.E. Menu signs on which the message changes more rapidly than once every three
hours.
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G.F. Pavement markings, except official traffic-control markings and street addresses.
H.G. Portable signs.
I.H. Roof and above roof signs.
J.I. Sidewalk Sandwich board signs, except as provided in Section 3-1805.Y herein.
K.J. Signs attached to or painted on piers or seawalls, other than official regulatory or
warning signs.
L.K. Signs in or upon any river, bay, lake, or other body of water.
M.L. Signs located on publicly-owned land or easements or inside street rights-of-way,
except (a) as allowed in Section 3-1805.(W) Section 3-1806.S., (b) signs on
transit shelters erected pursuant to Section 3-2203 and permitted pursuant to
Section 3-1806(B)(4) Section 3-1807.B.5.), (c) sidewalk sandwich board signs to
the extent permitted in the Downtown District pursuant to Section 3-1805.(V)
Section 3-1806.U. or Section 3-1807.B.4.,(d) as allowed in Section 3-1806.(A)
Section 3-1807.A., and (e) as allowed in Section 3-1805.Z. Section 3-1806.V. and
3-1806.W. Prohibited signs shall include but shall not be limited to handbills,
posters, advertisements, or notices that are attached in any way upon lampposts,
telephone poles, utility poles, bridges, and sidewalks.
N.M. Signs that emit sound, vapor, smoke, odor, particles, or gaseous matter.
O.N. Signs that have unshielded illuminating devices or which reflect lighting onto
public rights-of-way thereby creating a potential traffic or pedestrian hazard.
P.O. Signs that move, revolve, twirl, rotate, flash, scintillate, blink, flutter, or appear to
display motion in any way whatsoever, including animated signs, multi-prism
signs, tri-vision signs, floodlights and beacon lights (except when beacon lights
are required by the Federal Aviation Agency or other governmental agency for a
public purpose involving public safety), unless otherwise expressly allowed by
another provision within this Division 18.
Q.P. Signs that obstruct, conceal, hide, or otherwise obscure from view any official
traffic or government sign, signal, or device traffic control device sign or official
traffic signal.
R.Q. Signs that present a potential traffic or pedestrian hazard, including signs which
obstruct visibility.
S.R. Signs attached to or placed on any tree or other vegetation.
T.S. Signs carried, waved or otherwise displayed by persons either on public rights-of-
way or in a manner visible from public rights-of-way. This provision is directed
toward such displays intended to draw attention for a commercial purpose, and is
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not intended to limit the display of placards, banners, flags or other signage by
persons participating in demonstrations, political rallies and similar events.
U.T. Snipe signs.
V.U. Three-dimensional objects that are used as signs.
V. Time and temperature signs in which the message changes more rapidly than once
every 15 seconds.
W. Vehicle signs, and portable trailer signs.
X. Any permanent sign that is not specifically described or enumerated as permitted
within the specific zoning district classifications in this Community Development
Code.
Section 3-18051804. - General standards.
A. Setback. No sign shall be located within five feet of a property line of a parcel
proposed for development.
B. Neon signs and lighting. Neon signs and lighting shall be permitted as
freestanding and attached signage as provided in this Division 18 division. When
neon lighting is utilized to emphasize the architectural features of a building, such
as when used to outline doorways, windows, facades, or architectural detailing, or
when used to accentuate site landscaping, it shall not be regarded as signage. In
addition, neon lighting used as freestanding designs or murals or as attached
murals or designs unrelated to the architectural features of the building to which
the lighting is attached shall be permitted, but shall be counted toward the
allowable area of the property's or occupancy's freestanding or attached signage,
as applicable.
C. Illuminated signs.
1. The light from any illuminated sign shall be shaded, shielded, or directed
away from adjoining street rights-of-way and properties.
2. No sign shall have blinking, flashing, or fluttering lights or other
illumination devices which have a changing light intensity, brightness,
color, or direction or as otherwise prohibited by Section 3-1804.
3. No colored lights shall be used at any location or in any manner so as to be
confused with or construed as traffic-control devices.
4. Neither the direct nor the reflected light from primary light sources shall
create a traffic hazard to operators of motor vehicles on public
thoroughfares.
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5. The light which illuminates a sign shall be shaded, shielded, or directed so
that no structure, including sign supports or awnings, are illuminated by
such lighting.
D. Banners and flags. A banner or flag may be used as a permitted freestanding or
attached sign and, if so used, the area of the banner or flag shall be included in,
and limited by, the computation of allowable area for freestanding or attached
signs on the property.
E. Gasoline price signs. Gasoline price display signs shall be allowed in all non-
residential districts except where specifically prohibited. Gasoline price display
signs shall be placed in the vicinity of the pump islands and shall not extend
above any pump island canopy or they shall be attached to the primary
freestanding sign for the property. If attached to the freestanding sign, the area of
the gasoline price display sign shall be counted toward the allowable area for the
freestanding sign. A gasoline price display sign may be changed manually or
electronically.
F. Awnings. Awnings may be allowed a graphic element in addition to the permitted
attached sign area provided such graphic does not exceed 25% of the awning
surface area on which the graphic is placed or sixteen square feet, whichever is
less. If a graphic element is placed on an awning valance, such graphic element
shall be limited to 25% of the valance surface. If text and a graphic element are
proposed on an awning, such text and graphic element shall be governed by the
attached signs provisions set forth in Section 3-1807.B.3. This provision does not
apply to back-lit awnings.
F. Time and temperature. Time and temperature signs shall be allowed in all non-
residential districts. The maximum area for the time and temperature portion only
shall be 20 square feet. The area of a time and temperature sign, whether attached
or freestanding, shall be included in determining the cumulative area of signs on a
property.
G. Building and electrical code compliance. All signs shall comply with applicable
building and electrical code requirements.
H. No limitation based on message content. Notwithstanding any other provision of
this Community Development Code, no sign shall be subject to any limitation
based on the content of the message contained on such sign.
I. Substitution of noncommercial speech for commercial speech. Notwithstanding
anything contained in this Community Development Code to the contrary, any
sign erected pursuant to the provisions of this Division 18 or this Community
Development Code with a commercial message may, at the option of the owner,
contain a noncommercial message. The noncommercial message may occupy the
entire sign face or any portion thereof. The sign face may be changed from a
commercial message to a noncommercial message, or from one noncommercial
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message to another, provided that the sign is not a prohibited sign or sign-type,
provided that the manner or frequency of the change does not violate restrictions
on electronic or illuminated signs, and provided that the size, height, setback and
other dimensional criteria contained in this Division 18 and the Community
Development Code have been satisfied.
Section 3-18061805. - Signs permitted without a permit.
The following signs may be developed without development review pursuant to Article 4
of this Community Development Code development code:
A. One address sign of no more than two square feet of total sign face area for each
parcel of land used for residential purposes and no more than one square foot for
each number contained in the property address three square feet of total sign face
area for each parcel of land used for non-residential commercial purposes. The
square footage for the address sign shall be allowed in addition to the total square
signage footage allowed in Section 3-1806 Section 3-1807.
B. Art work and/or architectural detail.
B. Free expression signs. For each parcel, one free expression sign may be displayed.
A free expression sign may be displayed as an attached sign or as a freestanding
sign. A free expression sign shall not exceed three square feet of total sign face
area. If a free expression is displayed as a freestanding sign, the sign shall not
exceed four feet in height if located on a parcel of land designated or used for
single family dwellings, duplexes and townhouse units or six feet in height if
located on any other parcel. The free expression sign is in addition to any sign
displaying a noncommercial message in lieu of a commercial or other
noncommercial message pursuant to Section 3-1805.I.
C. Temporary election signs. For each parcel, one election sign for each candidate
and each issue may be displayed. An election sign may be displayed as an
attached sign or as a freestanding sign. On parcels that are in residential use, the
election sign shall not exceed three square feet of total sign face area; and, if the
election sign is displayed as a freestanding sign on the parcel, the election sign
shall not exceed four feet in height. On parcels that are in nonresidential use, the
election sign shall not exceed eighteen square feet of total sign face area; and, if
the election sign is displayed as a freestanding sign on the parcel, the election sign
shall not exceed six feet in height. An election sign shall be removed within seven
calendar days following the election to which it pertains.
D. C. Temporary grand opening and special event signs.
1. One temporary grand opening sign shall be permitted for thirty 30 days
after the issuance of an occupational license for any new business, new
owner of an existing business, or business name change. Such sign shall
not exceed twenty-four 12 square feet in total sign face area or such sign
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may be a temporary covering, such as a toaster cover, sign boot, or sign
sock, which covers an existing permitted attached or freestanding sign.
2. Other temporary special event and/or public purpose signs of a temporary
nature shall be approved by the community development coordinator if the
signs meet the following criteria: (a) the signs are temporary signs for a
limited time and frequency, (b) the signs are for a special event or a public
purpose of a temporary nature, (c) the signs do not exceed the maximum
height and size requirements for freestanding signs under this Community
Development Code the code, (d) the display of temporary signs for a
special event shall not begin any earlier than two calendar days before the
event and shall be removed within one business day after the event, and
(e) the signs, if temporary for a limited time and frequency, will meet the
following purposes of Division 18 Division 3, to wit: (1) the signs will not
conceal or obstruct adjacent land uses or signs [Section 3-1802(F) Section
3-1802.F.], (2) the signs will not conflict with the principal permitted use
of the site or adjoining sites [Section 3-1802(J) Section 3-1802.J.], (3) the
signs will not interfere with, obstruct vision of or distract motorists,
bicyclists or pedestrians [Section 3-1802(K) Section 3-1802.K.], and (4)
the signs will be installed and maintained in a safe manner [Section 3-
1802(L) Section 3-1802.L.]. Consistent with the general standards in
Section 3-1804 Section 3-1805, the approval or disapproval shall not be
based on the content of the message contained (i.e., the viewpoint
expressed) on such signs. The community development coordinator shall
render a decision within ten 10 days after an application is made for such
signs. Such a decision shall be deemed an administrative interpretation
and any person adversely affected has the right to appeal the decision to
the community development board pursuant to Section 4-501(A) Section
4-501.A of this Community Development Code.
D. Holiday decorations.
E. A single sign indicating a valet parking station no more than four square feet
visible only during hours that the valet is operating. A single sign no more than
four square feet in sign area and indicating a valet parking station and that is
visible only during hours that the valet is operating.
F. Temporary construction signs. One temporary construction sign located on a
parcel proposed for development during the period a building permit is in force or
one year, whichever is less, which sign shall not exceed:
1. Sixteen square feet of total sign face area for parcels of land used or
proposed to be used for single family dwellings, duplexes and townhouse
units residential purposes;
2. Thirty-two Twenty-four square feet of total sign face area for parcels of
land used or proposed to be used for multi-family purposes other than
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townhouse units or for non-residential purposes.
If the temporary sign is displayed as a freestanding sign, the sign shall not exceed
six feet in height.
G. For flags displayed on a flag pole not exceeding thirty-five feet in height or an
attached bracket: One flag per detached dwelling unit, three additional flags per
parcel of land used for multifamily residential purposes, and three flags per parcel
of land used for non-residential purposes. If so used, the area of the flag shall not
be included in, and limited by, the computation of allowable area for freestanding
or attached signs on the property.
H. Temporary garage-yard sale signs. One temporary garage-yard and yard sale sign
of no more than three square feet of total sign face area four square feet of total
sign face area located on the parcel of land where the garage or yard sale is to be
conducted only on the date or dates on which the garage or yard sale is conducted.
In addition, no more than two directional signs of no more than three square feet
of total sign face area per sign face four square feet of total sign face area per sign
related to a garage or yard sale which are located on privately owned parcels of
land other than the parcel of land where the garage or yard sale is to be conducted
only on the date or dates on which the garage or yard sale is conducted. If the
temporary sign is displayed as a freestanding sign, the sign shall not exceed four
feet in height.
I. Signs which are integral and incidental to equipment, or machinery and cover not
more than 20 percent of the exterior surface of such equipment, facilities or
machinery.
I. J. Attached menu signs of no more than six four square feet of total sign face area
located at the entrance or service window of a restaurant. One freestanding drive-
through sign no more than twenty-four 16 square feet in total sign face area and
six feet in height oriented toward the vehicles utilizing drive-through service for
the purpose of placing an order or picking up an order at a service window located
in the rear of the principal building.
J. K. Onsite directional and traffic control signs of no more than four square feet of
sign face area provided that business logos or other non-traffic control symbols do
not exceed 25 percent of the sign face area.
K. L. Signs identifying parking space numbers provided that such signs are painted on
the paved surface of each space or do not exceed one-half square foot of sign face
area per sign.
L. M. Marina slip and directional signs.
1. Signs identifying marina slip numbers provided that such signs are painted
on the dock in front of each slip or do not exceed one square feet of sign
face area per sign.
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2. Each individual charter/commercial vessel slip located at a commercial
marina may have one sign placed in the vicinity of the slip that does not
exceed six square feet in total sign face area identifying the business
located at the slip and one additional sign of not more than eight square
feet in total sign face area placed in the vicinity of the slip to identify the
vessel rate/embarking schedules, or other information.
3. Unless otherwise approved by the community development coordinator,
two directional signs, not to exceed six square feet in total sign face area
and not to exceed six feet in height may be displayed at any marina for
purposes of way finding. The community development coordinator may
approve additional signs based on the following criteria: overall size of
marina, number of pedestrian and vehicular access points, visibility of the
site, intended and existing traffic circulation and consistency with Beach
by Design, Clearwater Downtown Redevelopment Plan or any other
applicable special area plan.
N. Temporary yard signs.
1. One temporary yard sign shall be allowed for each political candidate or
issue for each frontage per parcel of land. Such signs shall be erected no
sooner than 60 days prior to the election for which they were intended, and
shall be removed within seven days after the election for which they are
intended. The total sign face area of each sign shall not exceed six square
feet in area on parcels of land designated or used for residential purposes
and 32 square feet of total sign face area on parcels of land designated or
used for non-residential purposes.
2. One other temporary yard sign shall be permitted only on parcels of land
designated or used for residential purposes on each road frontage per
parcel of land provided that such signs are displayed no more than three
times a year for a total of 90 days during a one year period, and provided
that the total sign face area of each signs does not exceed six square feet.
M. O. Temporary real estate signs. One temporary freestanding real estate sign per
parcel of land indicating that a parcel of land or a building located on the parcel of
land or part thereof is for sale, for lease or otherwise available for conveyance,
provided that such sign does not exceed:
1. Six square feet of total sign face area on parcels of land designated or used
for residential purposes single family dwellings, duplexes and townhouse
units;
2. Thirty-two square feet of total sign face area on parcels of land designated
or used for multi-family purposes other than townhouse units or for non-
residential purposes.
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In the event that more than one dwelling unit or non-residential space on a single
parcel of land is for sale, for lease or otherwise available, one attached sign per
dwelling or space of no more than two square feet in total sign face area in
addition to the permitted freestanding signage. In addition, one freestanding
waterfront sign of no more than six four square feet of total sign face area, not
more than three square feet of sign area per sign face, for each waterfront parcel
of land.
If the temporary sign is displayed as a freestanding sign, the sign shall not exceed
four feet in height if located on a parcel of land designated or used for single
family dwellings, duplexes and townhouse units or six feet in height if located on
any other parcel.
N. P. Signs located within a stadium which are not oriented toward and readable visible
from outside of a stadium.
O. Q. Window signs up to eight square feet in area may be located on any window area
provided such sign or combination of signs do does not exceed 25 twenty-five
percent (25%) of the total area of the window where the sign or signs are is
located and face a right-of-way, with the twenty-five percent limitation allowed
for the window sign(s) that face each right-of-way where there is a corner lot or
through lot. In no case shall the cumulative area of all window signs erected
exceed 24 square feet in area located inside an enclosed area for purposes of
advertising exceed fifty square feet, if oriented toward and visible from an
adjoining roadway or navigable waterway or body of water.
P. R. Safety or warning signs which do not exceed six four square feet of total sign face
area per sign.
Q. S. A change in a sign message or panel on a previously approved, lawful sign, e.g.,
any sign allowed under this ordinance may contain, in lieu of any other copy, any
otherwise lawful noncommercial message that complies with all other
requirements of this ordinance. This provision does not permit design changes for
a sign previously approved under the Comprehensive Sign Program.
T. One sign identifying each individual vessel slip at a marina provided such sign
does not exceed four square feet in area and is placed in the vicinity of the slip.
For commercial marinas having separately licensed slips for commercial vessels,
each licensed slip shall be permitted one sign containing not more than eight
square feet in area placed in the vicinity of the slip to identify the vessel,
rate/embarking schedules, or other information. Such sign shall be in addition to
marina vessel signs.
U. Reserved.
R. V. The following sign type "balloons, cold air inflatables, streamers, and pennants"
shall be allowed as governmental and public purpose signs if located on public
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property and if the city manager finds that the sign type meets the following
criteria: (1) the sign type is for a special event, (2) the special event is for a
limited time, (3) the special event is for a limited frequency, and (4) the sign type,
if allowed for a limited time and frequency, will meet the following purposes of
this Division 18 Division 3, to wit: (a) the signs will not conceal or obstruct
adjacent land uses or signs (Section 3-1802.F.), (b) the signs will not conflict with
the principal permitted use of the site or adjoining sites [Section 3-1802(J) Section
3-1802.J.], (c) the signs will not interfere with, obstruct vision of or distract
motorists, bicyclists or pedestrians [Section 3-1802(K) Section 3-1802.K.], and
(d) the signs will be installed and maintained in a safe manner [Section 3-
1802(L)]. Consistent with the general standards in Section 3-1804, Section 3-
1805, the approval or disapproval shall not be based on the content of the message
contained (i.e., the viewpoint expressed) on any such sign. The city manager shall
render a decision within ten 10 days after an application is made for utilizing this
sign type at a special event. Such a decision shall be deemed an administrative
interpretation and any person adversely affected has the right to appeal the
decision to the community development board pursuant to Section 4-501(A)
Section 4-501.A of this Community Development Code.
S. W. A sign on publicly owned land or easements or inside street rights-of-way shall be
allowed if the city manager finds that the sign meets the following criteria: (1) the
sign provides notice to the public of a public meeting or other public event, (2) the
sign is temporary and for a limited time, and (3) the sign, if allowed for a limited
time, will meet the following purposes of this Division 18 Division 3, to wit: (a)
the sign will not conceal or obstruct adjacent land uses or signs [Section 3-
1802(F) Section 3-1802.F.], (b) the sign will not conflict with the principal
permitted use of the site or adjoining sites [Section 3-1802(J) Section 3-1802.J.],
(c) the sign will not interfere with or obstruct the vision of motorists, bicyclists or
pedestrians [Section 3-1802(K) Section 3-1802.K.], and (d) the sign will be
installed and maintained in a safe manner [Section 3-1802(L) Section 3-1802.L.].
Consistent with the general standards in Section 3-1804, Section 3-1805, the
approval or disapproval shall not be based on the content of the message
contained (i.e., the viewpoint expressed) on such sign. The city manager shall
render a decision within ten 10 days after an application is made for utilizing such
a temporary sign on public property. Such a decision shall be deemed an
administrative interpretation and any person adversely affected has the right to
appeal the decision to the community development board pursuant to Section 4-
501(A) Section 4-501.A of this Community Development Code.
T. X. Directional/informational signs serving a public purpose. A permanent sign on
public easements or inside street rights-of-way shall be allowed if the city
manager finds that the sign meets the following criteria:
(1)1. The sign provides directions and/or information regarding public facilities
and/or places of interest; and
(2)2. The sign will meet the purposes of Division 18 Division 3 to wit: (a) the
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sign will not conceal or obstruct adjacent land uses or signs [section 3-
1802(F) Section 3-1802.F.], (b) the sign will not conflict with adjoining
sites, (c) the sign will not interfere with or obstruct the vision of motorists,
bicyclists or pedestrians, (d) the sign will be installed and maintained in a
safe manner [section 3-1802(L) Section 3-1802.L.], (e) the sign is
consistent with Beach by Design, Clearwater Downtown Redevelopment
Plan or any other applicable special area plan and submittal of a master
sign plan and (f) the sign is consistent with the general standards in
Section 3-1804 Section 3-1805. The city manager or designee shall render
a decision within fifteen 15 days after an application is made for utilizing
such a sign on public property. The decision is not subject to the
provisions of Section 4-501(A) Section 4-501.A of this Community
Development Code.
U. Y. Signs during public construction projects. Temporary sidewalk sandwich board
signs are permitted for properties abutting public construction projects that are
scheduled to last one hundred eighty 180 days or longer, in accordance with the
following criteria.
(1)1. There shall be a maximum of two sandwich board sidewalk signs
permitted per parcel adjacent to the public construction project, and
parcels with multiple businesses shall coordinate copy on the signs
permitted.
(2)2. Sandwich board Sidewalk signs permitted under this section shall be
allowed to be displayed for the duration of the public construction project
starting with project commencement and shall be removed within seven
days after the final acceptance, by the city, of improvements.
(3)3. The size of any sandwich board sidewalk sign shall not exceed eight
square feet in total sign face area, and shall not exceed four feet in height.
(4)4. Sandwich board Sidewalk signs permitted under this section shall be
constructed in a professional and workmanlike manner from treated wood
or other durable material, and copy displayed shall not be spray painted
onto the signs.
(5)5. No sandwich board sidewalk sign, permitted as part of this section shall be
permanently erected, and shall only be displayed during hours of operation
for the business being advertised.
(6)6. No sandwich board sidewalk sign shall be placed so as to block any public
way, or within the visibility triangle of intersections or driveways.
V. Z. One ten square foot freestanding sign not more than five feet in height or one ten
square foot attached sign per city park or city recreation facility for the purposes
of identifying a program provider or information concerning programs at such
park or recreation facility. The design of any such signs shall be approved by the
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parks and recreation department.
W. Adopt-a-park and acknowledgement signs.
1. Adopt-a-park signs may be erected in city rights-of-way or on city-owned
property. An adopt-a-park sign shall not exceed three square feet in total
sign face area. If freestanding, and adopt-a-park sign shall not exceed
eighteen inches in height and shall be located in a landscaped setting.
Adopt-a-park signs shall be selected from the approved city street signs
catalogue maintained by the manager of traffic operations, provided the
sign design conforms with one of the city prescribed designs maintained
by the parks and recreation department. The community development
coordinator may approve additional adopt-a-park signs based on the
following criteria: overall size of site, number of entrances, frontage,
access and visibility of the site, intended and existing traffic circulation.
2. Acknowledgment signs may be erected in city rights-of-way or on city-
owned property as follows. Such signs may also be affixed or incorporated
into a public amenity such as an ash tray or public bench that is located on
public property and that is approved by the community development
coordinator provided that it is no greater than one square foot in area, is
rust-free, and is unobtrusive.
Section 3-18071806. - Permitted signs requiring development review.
A. Residential. The following signs shall be permitted in all residential zoning
districts:
1. Freestanding single-family subdivision and multi-family development
signs.
a. Unless otherwise approved by the community development
coordinator one permanent freestanding sign up to twenty-four 24
square feet of total sign face area and up to six feet in height may
be erected at no more than two entrances into a single-family
subdivision or multi-family development. In lieu of one twenty-
four 24 square foot sign, two permanent single-faced signs not
exceeding twelve 12 square feet in total sign face area each may be
located at an entrance provided that such signs are placed in a
symmetrical manner and/or are located on opposite sides of the
entrance to which they are oriented, will meet all sight visibility
triangle requirements under the provisions of Section 3-904, be
installed and maintained in safe and neat manner and will not
conflict with the principal permitted use of the site or adjoining
sites. The community development coordinator may approve signs
to be placed at additional entrances based on the following criteria:
overall size of site, relationship between building setback and sign
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location, frontage, access and visibility of the site, intended and
existing traffic circulation, hierarchy of signage, consistency with
Beach by Design, Clearwater Downtown Redevelopment Plan or
any other applicable special area plan and submittal of a master
sign plan for the subdivision or development.
b. Such sign(s) shall be erected on privately-owned property. In the
event there is insufficient land owned by a single-family
subdivision association or multi-family development developed
prior to March 8, 1999, however, the community development
coordinator, parks and recreation department, and public works
administration may approve the location of such sign in a city
right-of-way or on city-owned property provided that such signs
are in compliance with Section 3-1806.A.1.a Section 3-1807.A.1.a.
above and will not obstruct the vision of motorists, bicyclists or
pedestrians, be installed and maintained in safe and neat manner,
will not conflict with the principal permitted use of the site or
adjoining sites; and that a city right-of-way permit be obtained
prior to the installation.
c. All freestanding signs shall be installed in a landscaped area of not
less than 12 square feet consisting of shrubs and/or ground cover
not less than three feet in width around the entire base of the sign.
d. A freestanding sign for any multi-family development shall include
the address of the property on which the sign is to be located.
2. Subdivision name/logo on street signs. Street signs incorporating single-
family subdivision names/logos may be located in city rights-of-way
within the subdivision provided by such signs do not exceed three and
one-half 3.5 square feet in area and are selected from the approved city
street signs catalogue maintained by the manager of traffic operations. The
city and the neighborhood shall enter into an agreement that prescribes the
installation and maintenance requirements of such signs.
3. School and park identification monument signs.
a. One monument entry sign for each major entry into a school or a
park of no more than 20 square feet in total sign face per sign.
b. The height of a monument sign shall not exceed five feet.
c. All monument signs shall be installed in a landscaped area of not
less than 12 square feet and shall include the address of the
property on which the sign is to be located.
3. Assisted living facilities, community residential homes with seven to
fourteen residents, congregate care facilities, and nursing homes signs.
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a. One freestanding sign at the primary entrance of the property up to
twenty-four square feet in total sign face area.
b. The height of a freestanding sign shall not exceed six feet in
height.
c. A freestanding sign shall be installed in a landscaped area
consisting of shrubs and/or ground cover not less than three feet in
width around the entire base of the sign and shall include the
address of the property on which the sign is to be located.
4. Adopt-a-park signs. One adopt-a-park sign may be erected in city rights-
of-way or on city-owned property. provided the sign design conforms with
one of the city prescribed designs maintained by the parks and recreation
department. Such signs shall not exceed four square feet in area, 18 inches
in height, be located in a landscaped setting and are selected from the
approved city street signs catalogue maintained by the manager of traffic
operations the community development coordinator may approve
additional adopt-a-park signs based on the following criteria: overall size
of site, number of entrances, frontage, access and visibility of the site,
intended and existing traffic circulation.
B. Non-residential. All signs must be architecturally integrated into the design of the
building and/or site using similar and coordinated design and style features,
materials and colors, etc. Attached signs shall be horizontally and vertically
proportionately located on each facade with no protrusions above roof lines, over
windows, trim, cornices, or other building features. Signs for new shopping
centers with three or more tenants, including all out parcels, office parks or any
master plan development shall be reviewed and approved through the
Comprehensive Sign Program set forth in Section 3-1808. Master signage plans
are required for shopping centers, including all out parcels, and office parks or
any other master planned developments where a substantial development or
redevelopment is undertaken or proposed. These will be reviewed as a
comprehensive sign program application.
1. Freestanding signs. The following signs shall be permitted in all non-
residential zoning districts other than the Tourist District and the
Downtown District:
a. One freestanding sign per parcel proposed for development with
no more than two sign faces. A parcel located at a corner may be
permitted two signs, one on each street frontage, provided that the
maximum area of the sign faces of the two signs shall not exceed
the total maximum allowable area. Sign area is measured from the
road frontage which results in the greatest square footage.
b. All freestanding signs shall be setback at least five feet from the
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property lines of the parcel proposed for development.
c. The area of a freestanding sign face shall not exceed:
i. One square foot per two linear feet of street frontage;
ii. One square foot per 100 square feet of building facade
facing street frontage; or
iii. Sixty-four square feet; whichever is less. However, a
minimum of 20 square feet per parcel proposed for
development shall be allowed.
d. The total area of all sign faces on a freestanding sign shall not
exceed 128 square feet per parcel proposed for development.
e. The height of a freestanding sign shall not exceed one and one-half
times the width of the sign structure or 14 feet whichever is less.
f. All freestanding sign structures shall be installed in a landscaped
area of not less than 12 square feet and shall include the address of
the property on which the sign is to be located.
g. A monument sign, not exceeding the area of a permitted
freestanding sign by more than 25 percent, shall be permitted in
lieu of a freestanding sign. Such sign shall not exceed six feet in
height, shall be located at least five feet from a property line and
shall be placed in a landscaped setting no less than 12 square feet
in area.
h. Freestanding signs at elevated intersections. Sites which front on
an elevated roadway (including US 19 and McMullen Booth Road)
having limited visibility are permitted one freestanding sign to a
maximum of 14 feet in height above the crown of the road, as
measured at the highest point of the roadway within the property
lines that are perpendicular and adjacent to the elevated roadway
excluding any service or frontage roads.
1. Freestanding signs in the Commercial, Office, Institutional and Industrial
Research and Technology Zoning Districts. The following shall govern
permanent freestanding signs in the Commercial, Office, Institutional and
Industrial, Research and Technology zoning districts. Certain uses in
these districts may have additional sign restrictions set forth in the
flexibility criteria contained in Article 2 and shall supersede these
standards.
a. One freestanding sign per parcel proposed for development with
no more than two sign faces, unless located on a corner lot or through lot.
Attachment number 4 \nPage 18 of 30
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b. Corner lots or through lots have the option of erecting one
freestanding sign or two freestanding signs, one on each street frontage.
The total maximum area of the sign faces of the one sign or of the two
signs shall not exceed the total maximum allowable area allowed in
Section 3-1807.B.1.d. or Section 3-1807.B.1.e. below plus an additional
fifteen square feet, provided that the maximum area remains no more than
sixty-four square feet in total sign face area on all sign faces. Sign area is
measured from the road frontage which results in the greater square
footage.
c. All freestanding signs shall be setback at least five feet from the
property lines of the parcel proposed for development.
d. The total sign face area of a freestanding sign shall not exceed
twenty-four square feet unless in compliance with Section 3-1807.B.1.e.
below.
e. The total sign face area of a freestanding sign shall not exceed
three percent of the building facade facing the street or one square foot of
signage for every three feet of linear lot frontage, whichever is less, but in
no case more than thirty-six square feet. Such sign design shall be
consistent with or complement the architecture of the building through the
use of colors, materials, textures, design features, and architectural style as
set forth below.
i. The sign design shall include a distinctive design or
architectural element used on the building such as an arch,
capstone, pediment, distinctive roof form/material, column,
pilaster, cornice; or a shape, form or motif that portrays the
business. Such elements shall be used on the top and/or side of the
sign face/panels.
ii. Defining materials, textures and colors used on the building
shall be included on the sign.
iii. The sign base and/or supports shall be with a width that
creates proportionality to the overall sign design. Signs mounted
on a single pole without any covering at least thirty-six inches in
width shall be prohibited.
iv. The sign shall be consistent with or complementary to the
overall design, colors, font style of the attached sign on the
property.
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JAX\1675256_1 -20-
v. The sign may include no more than two lines of zip track
for manual changeable messages provided the zip track and letter
colors are coordinated with the color of the sign.
vi. In the event the building lacks architectural details or
distinguishing design features or materials, the sign shall be
designed to improve the overall appearance of the site. To achieve
this, the sign shall include a distinctive design feature and use
colors and materials that present a high quality finish.
f. The total area of all sign faces on all freestanding signs shall not
exceed seventy-two square feet per parcel proposed for development.
g. The height of a freestanding sign shall not exceed one and one-half
times the width of the sign structure or fourteen feet whichever is less
unless allowed in Section 3-1807.B.1.h. below.
h. All freestanding sign structures shall be installed in a landscaped
area consisting of shrubs and/or ground cover not less than three feet in
width around the entire base of the sign.
i. Sites which front on an elevated roadway (including US 19 and
McMullen Booth Road) having limited visibility are permitted one
freestanding sign to a maximum of fourteen feet above the top of the
barrier wall located on the elevated roadway as measured at its highest
point adjacent to the sign location. Sites which front on US 19 or its
frontage road that have a barrier wall located adjacent to the property
either along the frontage road or within the center of the US 19 right-of-
way are permitted one freestanding sign to a maximum of fourteen feet
above the top of either barrier wall whichever is higher.
2. Monument signs in the Tourist and Downtown Districts. The following
shall govern permanent monument Permanent Monument signs shall be
permitted in the Tourist District and Downtown District as follows:
a. One monument sign not exceeding six feet in height per parcel
proposed for development in the Tourist District with no more than
two sign faces, unless located on a corner or through lot. One
monument sign with no more than two sign faces per parcel for
development in the Downtown District provided the primary
building on the parcel is setback at least twenty feet from the front
property line, unless located on a corner or through lot. A parcel
located at a corner may be permitted two signs, one on each street
frontage, provided that the maximum area of the sign faces of the
two signs shall not exceed the total maximum allowable area.
b. Corner lots or through lots have the option of erecting one
Attachment number 4 \nPage 20 of 30
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JAX\1675256_1 -21-
monument sign or two monument signs, one on each street
frontage. The total maximum area of the sign faces of the one sign
or of the two signs shall not exceed the total maximum allowable
area allowed in Section 3-1807.B.2.c. below plus an additional
fifteen square feet. Sign area shall be measured from the road
frontage which results in the greater square footage. All monument
signs shall be setback at least five feet from the property lines.
c. The area of a monument sign face shall not exceed three percent
(3%) of the building façade facing the street or one square foot of
signage for every three feet of linear lot frontage, whichever is
less, but in no case less than twenty-four square feet and no more
than thirty-six square feet.
c.d. The total area of all sign faces on all monument signs shall not
exceed seventy-two square feet per parcel proposed for
development.
The area of a monument sign face shall not exceed:
i. One square foot per two linear feet of street frontage;
ii. One square foot per 100 square feet of building facade
facing street frontage; or
iii. Twenty square feet, whichever is less.
However, a minimum of ten square feet per parcel proposed for
development.
d. The total area of all sign faces on a monument sign shall not
exceed 40 square feet per parcel proposed for development.
e. The height of a monument sign shall not exceed four feet.
e. Sign design shall be consistent with or complement the
architecture of the building through the use of colors, materials,
textures, design features and architectural styles as set forth below
and as may be required by the Clearwater Downtown
Redevelopment Plan and Beach by Design.
i. The sign design shall include a distinctive design or
architectural element used on the building such as an arch,
capstone, pediment, distinctive roof form/material, column
pilaster, cornice; or a shape, form or motif that portrays the
business. The design elements shall be used on the top
and/or side of the sign face/panels.
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JAX\1675256_1 -22-
ii. Defining materials, textures and colors used on the building
shall be included on the sign.
iii. The sign base and/or supports shall be of a width that
creates proportionality to the overall sign design.
iv. The sign shall be consistent with or complementary to the
overall design, colors, font style of the attached sign on the
property.
v. The sign may include no more than two lines of zip track
for manual changeable messages provided it does not
exceed twenty-five percent (25%) of the sign face area and
the zip track and letter colors are coordinated with the color
of the sign.
vi. In the event the building lacks architectural details or
distinguishing design features or materials, the sign shall be
designed to improve the overall appearance of the site. To
achieve this, the sign shall include a distinctive design
feature and use of colors and materials that present a high
quality finish.
f. All monument sign structures shall be installed in a landscaped
area consisting of shrubs and/or ground cover not less than three
feet in width around the entire base of the sign. of not less than 12
square feet.
g. Properties located within the area governed by the Clearwater
Downtown Redevelopment Plan shall only be permitted to erect a
monument sign if the primary building is setback at least twenty
feet or more from the front property line. Areas for manual
changeable copy cannot occupy more than twenty-five percent
(25%) of the sign face area.
3. Attached signs in non-residential districts. The following attached signs
shall be permitted in all non-residential districts:
a. One attached sign shall be permitted for each per building structure
business establishment. For any building structure with multiple
business tenants on the ground floor, one attached sign may be
permitted per business establishment with a principal exterior
entrance. The area of an attached sign face shall not exceed:
i. One square foot per 100 square feet of building facade
facing the street frontage to which the sign is to be
attached; or
Attachment number 4 \nPage 22 of 30
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JAX\1675256_1 -23-
ii. Twenty-four square feet; whichever is less. However, a
minimum of 20 square feet per business establishment with
a principal exterior entrance shall be allowed. The
community development coordinator may permit signs for
second story or above businesses in the Downtown and
Tourist Districts if they meet all other criteria for attached
signage.
i. Twenty-four square feet in total sign face area; or
ii. Three percent (3%) of the primary façade area not to
exceed thirty-six square feet in total sign face area. Such
signs are limited to one of the following sign types: channel
letters mounted directly to the building, flat cut out letters,
contour cabinet, illuminated capsule, sign applied to
awning provided awning is externally illuminated, letters
on backer panels if designed as an integral part of the sign
and any other sign type of a higher quality of design if
approved by the community development coordinator.
Square/rectangular cabinet signs, back-lit awnings, signs on
raceways are prohibited.
b. In addition to the attached sign allowed in Section 3-1807.B.3.a
above, corner lots or through lots may erect one attached sign on
each building wall (or facade) abutting a street frontage. Any such
attached sign shall not exceed the sign face area specified in
Section 3-1807.B.3.a above.
c. b. Where individual business establishments with exterior entrances
are located in a single building, multi-tenant buildings, or as part of
a business/office complex or shopping center, attached signs shall
be designed according to a common theme including similar style,
color, materials or other characteristics to provide a sense of
uniformity. Changes to individual tenant signage shall be reviewed
for compliance with the established or projected theme of the
development site.
d. e. Projecting signs may be used as a type of attached sign in the
Downtown (D) and Tourist (T) Districts, unless otherwise
permitted by the community development coordinator. They shall
be installed with a minimum eight-foot clearance from the bottom
of the sign to grade or the sidewalk. Projecting signs shall comply
with encroachment into setback and rights-of-way Section 3-908.
The community development director coordinator may permit such
signs for second story or businesses above the first story in the
Downtown and Tourist Districts if they meet all other criteria for
attached signage.
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JAX\1675256_1 -24-
e. d.. Business establishments with rear facades with rear public
entrances facing parking lots or rear public entrances facing
Clearwater Harbor or Mandalay Channel with boating access may
erect one additional attached sign not exceeding sixteen square feet
in area above or adjacent to the rear entrance provided such sign is
not a traditional cabinet sign or channel letters erected on a
raceway.
f. e. Gasoline pump island canopies may be permitted one attached sign
on the canopy fascia facing a public right-of-way provided such
sign does not exceed eight square feet in total sign face area.
4. Sidewalk signs. Primary permitted retail and restaurant uses may erect one
double sided sidewalk sign forty-two inches in height and twenty-four
inches in width in accordance with the following provisions, but only in
connection with the primary permitted use. Retail, restaurant or other uses
which are accessory to another use are not allowed to display sidewalk
signs.
a. Display of Sign. Sidewalk signs shall be displayed only during the
hours the business is open and shall be moved indoors at the close of
business.
b. Location.
i. Sidewalk signs shall be placed on the sidewalk in front of
the business erecting the sign within its linear frontage.
ii. The nearest point of the sidewalk sign shall be no more
than two feet from the building wall. However, in the
Cleveland Street Café District in the Downtown zoning
district, the nearest point shall be five feet from the
building wall.
iii. A minimum pedestrian path of at least four feet shall be
maintained at all times.
iv. Sidewalk signs shall not impede ingress or egress to or
from a business entrance, be located within a drive aisle,
parking area or on any landscaped area, nor block any fire
hydrant access or visibility or be located within the
visibility triangle of intersections or driveways.
c. Design Criteria
i. Sidewalk sign frames shall be constructed of durable wood
or metal and present a finished appearance. Sidewalk signs
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JAX\1675256_1 -25-
known as wind signs may have a plastic frame and base
with or without wheels. Frames shall support black or
green chalkboards, black wet marker boards or
professionally designed advertisements/posters of a durable
material with a clear, non-glare protective covering. Frame
and base colors shall be limited to a metallic silver/grey,
black, white or be a stained wood. Flexibility with regard to
this design criteria may be granted by the community
development coordinator in order to achieve a creatively
designed sign using a particular symbol or logo indicative
of the type of business and services being advertised.
ii. Plastic signs, white marker boards, letter track panels (for
manually changeable copy), acrylic/plastic panels, hand
painted and spray painted copy, tri-folded signs, bases with
hinged feet that fold flat and other similar features and sign
designs shall be prohibited. Swinger style sidewalk signs
shall also be prohibited unless of a unique design as
determined by the community development coordinator.
iii. Sidewalk signs shall not be illuminated nor contain moving
parts or have balloons, streamers, pennants or similar
adornment attached to them.
iv. Sidewalk signs shall not be attached to any structure, pole,
object, or sign.
d. Permit Required Yearly. A permit for a sidewalk sign shall be
obtained on a yearly basis. A permit application with a sketch,
photo or drawing of the sidewalk sign and the required fee shall be
submitted and approved prior to the placement of a sidewalk sign
on public or private property. Sidewalk signs to be placed in a
public right-of-way shall also submit evidence of general liability
insurance in the amount of one million dollars in a form acceptable
to the City, with the City named as additional insured. A permit
shall only authorize the sign submitted along with the permit
application. Any changes to the approved sign will require the
business owner to obtain a new permit.
e. Removal by the City. The City shall have the authority to secure,
remove or relocate any sidewalk sign located in the public right-of-
way if necessary in the interest of public safety, in emergency
situations, or if the sign is not in compliance with any provisions of
this section.
5. 4. Transit and shelter signs. Signs are permitted on transit shelters approved
in accordance with Article 3 Division 22 of this Community Development
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Item # 8
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Code, subject to the following restrictions:
a. The advertising contained in the transit shelter shall be limited to
the "downstream" end wall (furthest from approaching transit
vehicles) for a two-sided or flared and secured panel.
b. Lighting of advertising materials shall be limited to back-lighting.
c. No advertising poster shall exceed twenty-four 24 square feet in
area, or be greater than six feet in height and four feet in width.
d. The total number of transit shelters containing advertising shall not
exceed fifty 50 within the Clearwater planning area provided in the
interlocal agreement between the city and county in effect as of
January 14, 1992.
6. 5. Certain changeable message and copy signs.
a. A changeable copy sign Electronic changeable message signs shall
be permitted for a facility or venue that has seating for more than
two thousand people on property that exceeds thirty-five acres
provided it meets the following criteria: (a) it is located on public
property and (b) it serves a significant public purpose directly
related to the facility or venue, and (c) the sign type will meet the
following purposes of Division 3this Division 18, to wit: (1) the
sign will not conceal or obstruct adjacent land uses or signs
[Section 3-1802(F)Section 3-1802.F], (2) the sign will not conflict
with the principal permitted use of the site or adjoining sites
[Section 3-1802(J)Section 3-1802.J], (3) the sign will not interfere
with or obstruct the vision of motorists, bicyclists or pedestrians
[Section 3-1802(K)Section 3-1802.K], and (4) the sign will be
installed and maintained in a safe manner [Section 3-
1802(L)Section 3-1802.L]. Consistent with the general standards
in 3-18045, the approval or disapproval shall not be based on the
content of the message contained (i.e., the viewpoint expressed) on
such sign.
b. Any sign may include an area for manually changeable copy
provided the sign meets all of the area and design requirements set
forth in Division 18, including but not limited to any and all
criteria that limits sign area by percentage or any requirement that
requires any color coordination or other such design criteria.
7. 6. Nonconforming uses. Any nonconforming use, which would be entitled to
a sign if it were conforming, shall be permitted to erect the maximum
amount of allowable signage in the district in which the use is located.
C. On-premise signs in public parks and on school grounds. In any public park or
Attachment number 4 \nPage 26 of 30
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JAX\1675256_1 -27-
on any school grounds in any zoning district, the following signs are permitted.
1. One freestanding entry sign for each major entry into a school or a park of
not more than twenty square feet in total sign face area.
2. The height of the sign shall not exceed six feet.
3. A freestanding sign shall be installed in a landscaped area consisting of
shrubs and/or ground cover not less than three feet in width around the
entire base of the sign and shall include the address of the property on
which the sign is to be located.
Section 3-18081807. - Comprehensive sign program.
A. General principles.
1. The intent of the comprehensive sign program is to provide private
property owners and businesses with flexibility to develop innovative,
creative and effective signage and to improve the aesthetics of the City of
Clearwater.
2. The minimum sign standards established in this Division 18 division
ensure that signage will not have an adverse impact on the aesthetics,
community character and quality of life of the City of Clearwater. The city
recognizes, however, that in many circumstances, there are innovative and
creative alternatives to minimum standard signage which are desirable and
attractive and will enhance community character and individual property
values.
3. The purpose of the comprehensive sign program is to provide an
alternative to minimum standard signage subject to flexibility criteria
which ensure that alternative signage will not have an adverse impact on
the aesthetics, community character and quality of life of the City of
Clearwater.
B. Permitted signage.
1. Signage which is proposed as part of a Comprehensive Sign Program may
deviate from the minimum sign standards in terms of number of signs per
business or parcel of land, maximum area of a sign face per parcel of land
and the total area of sign faces per business or parcel of land, subject to
compliance with the flexibility criteria set out in 3-1807.C Section 3-
1808.C. A Comprehensive Sign Program shall be approved pursuant to the
provisions set out in Section 4-1008. Prohibited signs in 3-1803 Section 3-
1804 are not eligible for a Comprehensive Sign Program. Electronic
changeable message signs, back-lit awnings, cabinet signs, and raceway
signs are not eligible to be utilized as signs as part of a Comprehensive
Attachment number 4 \nPage 27 of 30
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JAX\1675256_1 -28-
Sign Program.
2. As part of a comprehensive sign program, the community development
coordinator shall review all sign types (freestanding, attached, windows,
interior site directional, etc.) for the business and/or the development
parcel to achieve compliance in so far as possible with these current
regulations. A master sign plan for shopping centers, including all out
parcels, and office complexes shall include all types of signs for all
tenants/uses within the development parcel. The community development
coordinator may allow for flexibility in reviewing the master sign plan if it
results in a substantially improved and comprehensive proposal. With a
master sign plan, the community development coordinator may permit
interior site directional signs at a size and location(s) related to the
development project, with up to a maximum height of six feet.
C. Flexibility criteria.
1. Architectural theme.
a. The signs proposed in a comprehensive sign program shall be
designed as a part of the architectural theme of the principal
buildings proposed or developed on the parcel proposed for
development and shall be constructed of materials and colors
which reflect an integrated architectural vocabulary for the parcel
proposed for development; or
b. The design, character, location and/or materials of all freestanding
and attached signs proposed in a comprehensive sign program shall
be demonstrably more attractive than signs otherwise permitted on
the parcel proposed for development under the minimum signs
standards. All signs must be architecturally integrated into/with the
design of the building and/or site using similar and coordinated
design features, materials and colors, etc.
2. The height of all freestanding signs proposed through the comprehensive
sign program shall relate to the design of the sign and shall not exceed
fourteen 14 feet in height, except in the D and T Districts, the height shall
not exceed six feet in height except for signs associated with publicly-
owned property and/or public projects which are architecturally and
aesthetically integrated into a fence and/or wall.
3. Lighting. Any lighting that is internal to the sign letters or graphic
elements (e.g., internally lit or back-lit, or that is indirect exterior lighting,
e.g., goose neck lighting) proposed as a part of a comprehensive sign
program is automatically controlled so that the lighting is turned off at
midnight or when the business is closed, whichever is later.
4. Height, area, number and location of signs. The height, area, number and
Attachment number 4 \nPage 28 of 30
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JAX\1675256_1 -29-
location of signs permitted through the Comprehensive Sign Program shall
be determined by the Community Development Coordinator based on the
following criteria: overall size of site, relationship between the building
setback and sign location, frontage, access and visibility to the site,
intended traffic circulation pattern, hierarchy of signage, scale and use of
the project, consistency with Beach by Design, Clearwater Downtown
Redevelopment Plan or any other applicable special area plan and
submittal of a master sign plan for the development parcel/project.
Additionally, the maximum permitted sign area shall be based on the
following formula when evaluated against the above criteria:
a.i. Attached signs—The maximum area permitted for attached
signage shall range from one percent up to a maximum of six
percent of the building facade to which the sign is to be attached.
In no event shall the size of an attached sign exceed one hundred
fifty square feet. For regional malls, the maximum size of any
attached sign that is otherwise allowed shall not exceed six percent
of the building facade facing the street, but in no case more than
three hundred square feet.
b.ii. Freestanding signs—The maximum permitted area of all
freestanding signs on a site shall not exceed the range of sign area
permitted by the street frontage or building facade calculation
methods set forth in Section 1806.B.1.c.i. and ii Section
1807.B.1.c.i. and ii.
5. Community character. The signage proposed in a comprehensive sign
program shall not have an adverse impact on the community character of
the City of Clearwater.
6. Property values. The signage proposed in a comprehensive sign program
will not have an adverse impact on the value of property in the immediate
vicinity of the parcel proposed for development.
7. Elimination of unattractive signage. The signage proposed in a
comprehensive sign program will result in the elimination of existing
unattractive signage and nonconforming signage and will result in an
improvement to the appearance of the parcel proposed for development in
comparison to signs otherwise permitted under the minimum sign
standards.
8. Special area or scenic corridor plan. The signage proposed in a
comprehensive sign program is consistent with any special area or scenic
corridor plan which the City of Clearwater has prepared and adopted for
the area in which the parcel proposed for development is located.
Section 3-1809. - Severability.
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JAX\1675256_1 -30-
A. Generally; severability where less speech results. If any part, section, subsection,
paragraph, subparagraph, sentence, phrase, clause, term, or word of this Division
18 is declared or held to be invalid or unconstitutional by any court of competent
jurisdiction, such declaration or holding shall not affect any other part, section,
subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of
this Division 18 or in Article 8 (definitions and rules of construction) of this
Community Development Code, even if such severability would result in less
speech, whether by subjecting previously exempt signs to this Community
Development Code’s permitting requirements, or otherwise.
B. Severability of provisions pertaining to billboards and other prohibited signs and
sign-types. Without diminishing or limiting in any way the declaration of
severability set forth above or elsewhere in this Division 18, or in the Community
Development Code, or in any adopting ordinance, if any part, section, subsection,
paragraph, subparagraph, sentence, phrase, clause, term, or word of this division
or any other law is declared or held to be unconstitutional or invalid by any court
of competent jurisdiction, such declaration or holding shall not affect any other
part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term,
or word of this Division 18 or Article 8 of this Community Development Code
that pertains to prohibited signs, including specifically the prohibition on
billboards and those signs and sign-types prohibited and not allowed under
Section 3-1804 of this Article 3.
Attachment number 4 \nPage 30 of 30
Item # 8
#
Opportunity #4
Original Staff Comments Resolution at Dec. 14, 2011 Council Meeting
Propose Sign Code Revisions in Ordinance No. 8343-12
1Allow businesses on corner lots and through lots to have an attached sign facing each frontage as of right instead of requiring a property/business owner to go through the comprehensive sign program.
Staff supports revision. Staff and Executive Committee are in agreement.
Added provision to allow a sign on each frontage abutting a street on a corner or through lot - Section 3-1807.B.3.b- page 23 of Attachment 1
2
So long as not exceeding total allowable signage square footage, allow businesses with rear facades to have an attached sign facing each frontage as of right instead of requiring a property/business owner to go through the comprehensive sign program.
Staff supports if intention is same as #1 above.
Staff and Executive Committee are in agreement.
Same as above
3Allow businesses with rear facades facing parking lots with rear public entrances or rear facades facing rights-of-way or water to erect a 16 square foot sign provided such signs are not erected on a raceway or is not a traditional sign cabinet design.
Would like an opportunity to review the waterfront signage issue.
Staff agrees that businesses directly fronting on the water and accessible by the boating public should be allowed to have signage. However, staff would like to conduct further research into potential signage issues for those properties that front on a beach or are otherwise inaccessible by boat.
Added provision to allow attached signs in the area above/adjacent to the rear entrance facing a parking lot or Clearwater Harbor or Mandalay Channel- see Section 3-1807.B.3.d - page 23 of Attachment 1
4Review formulas for attached, freestanding and monument signs but utilize a different formula than proposed: one attached sign, 24 square feet per business establishment with a principal exterior entrance; one freestanding sign 24 square feet; or
for attached
Some of the issues above are included in this recommendation. Furthermore it should be clarified that staff supports the
Staff and the Executive Committee are in agreement.
Revised formulas incorporated into the ordinance based on the concepts presented to City Attachment 2 - Clearwater Business Task Force Recommendations and City Staff Responses - Revised July 11, 2012with a principal exterior entrance; one freestanding sign 24 square feet; or
for attached
signs one sign up to 3% of the building facade but not exceeding 36 feet. Lots on
corner or through lots may erect a sign on each face facing a right-of-way based on the same formula; for freestanding signs one sign up to 3% of the building facade or 1
square foot of signage for every three feet of linear frontage, whichever is less. Sign criteria is required. Corner or through lots may erect a sign on each frontage facing a public right-of-way provided maximum area of the two signs shall not exceed the total maximum allowable area facing a right-of-way, plus an additional 15 square feet. The business could choose to erect a sign on the corner or on the primary frontage with the increased area; for monument signs there is a proposal to revise this section based on similar concepts established for attached and freestanding signs and allow up to six feet in height provided certain design criteria is met.
should be clarified that staff supports the additional 15 sq. ft. for freestanding signs on corner lots.
the concepts presented to City Council. See Section 3-1807.B.1 which regulates freestanding signs in the C, O, I, and IRT Districts (pages 18- 20 of Attachment 1), Section 3-1807.B.2 which regulates monument signs in the T and D Districts (pages 20 - 22 of Attachment 1); and Section 3-1807.B.3 which regulates attached signs in all non-residential districts (pages 22 - 24 of Attachment 1)
Attachment number 5 \nPage 1 of 4
Item # 8
5Increase timeframe for determining a nonconforming sign has been abandoned from 30 days to 180 days.
Chamber of Commerce and staff agreed to 120 days but staff does not object to 180 days.
Staff and Executive Committee are in agreement with 180 days.
Renamed and revised "Abandoned Signs" provision to "Discontinued Signs." Nonconforming signs located on sites which have not been used for 6 months must be removed- see Section 3-1804.D - page 4 of Attachment 1 and Section 8-102 definition of Sign, discontinued - pages 62 - 63 of the Ordinance
6
Allow greater flexibility for window signage but utilize a formula that may be easier to administer. This would entail an increase from the existing 25% of the window pane and provide an amount not to exceed on any façade.
Current sign provisions allow window signs up to 8 sq.ft. in area provided such signs do not exceed 25% of window area and all window signs cannot exceed 24 sq. ft. Staff is supportive of removing the 8 sq. ft. limitation to allow more flexibility with such signage.
Staff and Executive Committee are in agreement.
Revised to allow window signs up to 25% of the window area provided the area of all window signs does not exceed 50 sq. ft. The current code limits inidividual signs to 8 square feet and a cumulative area of 24 square feet - see Section 3-1806.O - page 12 of Attachment 1
7Allow graphics on awnings in addition to the allowable sign area but have some Would like to discuss with outside legal Staff and Executive Committee are in Created new provision that 7
Allow graphics on awnings in addition to the allowable sign area but have some limitations on area and clarify what is actually permitted. For example, graphic/artistic element would be permitted. The graphic element is limited to 25% of the awning.
Would like to discuss with outside legal counsel to determine best way to implement and not create issues with "art."
Staff and Executive Committee are in agreement.
Created new provision that allows a graphic element in addition to the permitted attached sign area provided the element does not exceed 25% of the awning surface area or 16 square feet, whichever is less. If a business opts to include text and a graphic element, such text and element shall be governed by the attached sign area provisions - see Section 3-1805.F - page 7 of Attachment 1
8Clarify the City's position on the prohibition of human signage and vehicle signage for businesses.
This issue was not addressed by Chamber but staff has already requested that outside legal counsel review the issue.
Staff and Executive Committee are in agreement.
A new definition of vehicle sign has been proposed to provide clear standards of what constitutes a vehicle sign - Section Section 8-102 - page 66 of Ordinance. . No
changes are being proposed at
Attachment number 5 \nPage 2 of 4
Item # 8
9Add language further clarifying the prohibition of moving/revolving signage.Non-substantive amendment - staff does not object.
Staff and Executive Committee are in agreement.
Added language to the prohibited sign section further clarifying that signs that scintillate, blink, flutter or appear to display motion are prohibited - see Section 3-
1804.P - page 5 of Attachment 1
10Add language regarding the orientation of freestanding drive-thru signs.Non-substantive amendment - staff does not object.
Staff and Executive Committee are in agreement.
Added language that requires freestanding menu signs to be oriented toward the vehicles using the drive-through. Additionally staff is proposing to increase the area for attached menu signs from 4 to 6 square feet and freestanding menu signs from 16 to 24 square feet - see Section 3-1806.I - page 10 of Attachment 1
11
Increase the amount of square footage for an address from 3 sq. ft. to 8 sq. ft. Require all addresses to be displayed in Arabic numbers.
City Council directed staff at work session where Chamber proposal was discussed to allow 1 sq. ft. per address number. 8 sq. ft. is excessive.
Staff and Executive Committee are in ageement with 1 sq. ft. per address number.
Increased the amount of area
allowed for property addresses for non-residential uses from 3 sq. ft. to 1 sq. ft. per each number in the address - see Section 3-1806.A - page 8 of Section 3-1806.A - page 8 of Attachment 1
12Consider allowing for permitted electronic changeable message boards, especially public purpose electronic message boards.
The Planning and Development Department does not support.
Staff does not support and the Executive Committee agreed not to pursue at this time.
No change to be made based on Council discussion in December.
13Increase the frequency of messages displayed on pre-existing permitted message boards to 15 seconds per message.
The Planning and Development Department recommends no change.
Staff disagrees with the proposed approach and believes input from the City's outside legal counsel should be obtained.
Outside Legal Counsel agrees with staff's recommendation; however, revisions have been proposed to clarify that electronic changeable message signs that change no more frequently than once every six hours are grandfathered - see Section 3-1804.E - page 4 of Attachment 1
Attachment number 5 \nPage 3 of 4
Item # 8
14Consider allowing the use of outdoor umbrellas at businesses with logos so long as the logo is not that of the principle business.
Need to discuss with outside legal counsel.Staff supports requesting input from the City's outside legal counsel on this issue.
Due to potential risk in the event of a content- based constitutional challenge, staff and the City's outside legal counsel recommend no revision be made to allow signs on umbrellas.
15
Allow sandwich board signs for all business owners as long as businesses comply with the sandwich board sign ordinance. Revoke the permit for a period of five years in the event the business is found to violate the sandwich board sign ordinance three times.
Staff only supports sandwich board signs along traditional urban corridors.
Staff and Executive Committee are not in agreement.
Created provisions to allow retail and restaurant uses in the City's nonresidential zoning districts to have sidewalk signs provided certain design criteria is met and a permit obtained on a yearly basis- see Section 3-1807.B.4 - pages 24 - 25 of Attachment 1. Staff only supports such signs along the City's traditional urban corridors which are located in Downtown, certain areas of Clearwater Beach and North Greenwood.
16Allow banner signs up to ten days prior to annual non-profit and City sponsored events, holidays, festivals and picnics.
Approval is reserved for the City Manager.Executive Committee understands these may be allowed if approved by the City Manager.
No revision needed as temporary signs are allowed for special events (see Section 3-1806.D.2 and Section 3-1806.R , pages 8-9 & 12-13 of Attachment 1Attachment 1
17Amend Section 3-1805(c)(1) of the Code to increase the allowable size to 24 square feet.
Staff supports the revision.Staff and Executive Committee are in agreement.
Increased size of temporary grand opening signs from 12 square feet to 24 square feet - See Section 3-1806.D.1 - page 8 of Attachment 1
Attachment number 5 \nPage 4 of 4
Item # 8
1
To: City Council
From: Gina L. Clayton, Assistant Planning and Development Director
Date: July 19, 2011
RE: Permitted Size of Certain Temporary Signs - TA2012-04005/Ordinance No. 8343-12
______________________________________________________________________________
Upon review of existing Community Development Code Section 3-1805, Signs Permitted
without a Permit (proposed to be renumbered to 3-1806), the Planning and Development
Department and the City’s outside legal counsel believes clarification should be made as to the
meaning of “total sign face area” as it is applied in this section. There is no definition for this
term and the definition of sign area does not provide clear guidance. The current proposed
Ordinance No. 8343-12 and the accompanying staff report do not fully address this issue,
therefore, Staff is raising it in this memo and seeking City Council direction.
Of concern is how “total sign face area” applies to the amount of signage allowed for various
temporary signs such as construction signs, real estate signs and other temporary yard signs,
including those for political candidates, and garage sales. Based on the amount of sign area cited
in the Code, and in conjunction with a review of the typical signs currently erected in the field,
staff believes “total sign face area” was meant to include all sign faces and in particular both sign
faces of a double-sided sign. For example, the Code allows six (6) square feet of “total sign face
area of each sign” for temporary yard signs for political candidates in residential areas and six (6)
square feet in “total sign face area on parcels of land designated for residential purposes” for
temporary real estate signs.
Upon review of political candidates signs currently found in Clearwater, most are single sided
and three (3) square feet in sign face area. More size variety was found for real estate signs
primarily due to the number of smaller signs that can be attached to the main real estate sign.
Staff found sizes ranging from 2.5 square feet to 5.8 square feet. Examples of both sign types
are included in Attachment 2.
Based on the fact signs for political candidates in residential areas seem to be three square feet
and most real estate signs are four square feet, Staff is proposing to revise the code to allow four
square feet in area. With regard to those signs in multi-family and commercial areas, there is
much more variety in the sizes found in the field. Based on the limited number of signs staff
measured, such signs range from 16 – 32 square feet in area (per sign face). The current code
Attachment number 6 \nPage 1 of 2
Item # 8
2
allows 32 square feet and based on Staff’s beliefs about the intent, 16 square feet would be
allowed. Staff is recommending the ordinance be clarified to allow signs xx square feet in area.
Furthermore, we recommend clarifying that when determining area of a double sided sign, only
one sign face is counted. For those signs erected in a “V” or split face arrangement, each sign
face would be counted toward the maximum allowed. Staff is seeking your policy direction on
this matter and will revise the ordinance accordingly.
Attachment: Attachment 2
Attachment number 6 \nPage 2 of 2
Item # 8
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3
s.f. & located in residential areas
14 s.f. (each sign face 7 s.f.) located in residential areaTemporary Signs for Political Candidates
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Item # 8
7 s.f. in commercial area
18 s.f. in commercial area32 s.f. in commercial area
Attachment number 7 \nPage 3 of 9
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Signs for Political Candidates –Commercial Area
18 s.f.
16 s.f.
3.1 s.f.
V sign -22 s.f. (11.22
each sign face )
8 s.f.
Attachment number 7 \nPage 4 of 9
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Signs for Political Candidates –Commercial Area
12 s.f.
18 s.f.
3.1 s.f.
8 s.f.
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2.5 s.f. (residential area)
4.6 s.f.(residential area)Real Estate Signs4 s.f(residential area)
4.4 s.f(residential area)
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Item # 8
5.8 s.f. (residential area)
5.6 s.f. (residential area)
4.5 s.f. (residential area)
25.6 s.f. (residential area)
Attachment number 7 \nPage 7 of 9
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16 s.f. (commercial area)
20
s.f
20
s.f
Attachment number 7 \nPage 8 of 9
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Real Estate Signs –Commercial Area32 s.f.
16 s.f.
24 s.f.
32 s.f.
16 s.f.
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Item # 8
Work Session
Council Chambers - City Hall
Meeting Date:7/30/2012
SUBJECT / RECOMMENDATION:
Review Council Rules and Policies and provide direction regarding revisions. (WSO)
SUMMARY:
Review Approval:
Cover Memo
Item # 9
i As approved at 9/14/2011 Council Meeting
CITY COUNCIL POLICIES
Adopted 9-14-2011
Attachment number 1 \nPage 1 of 32
Item # 9
ii As approved at 9/14/2011 Council Meeting
CITY COUNCIL POLICIES
TABLE OF CONTENTS
Boards ....................................................................................................... Page 1
Representative Balance ......................................................................................1A
Ad Hoc Committee ..............................................................................................1B
City Representatives on Non-City Boards .......................................................... 1C
Non-Board Business Functions Sunshine Law .................................................. 1D
Special Request ..................................................................................................1E
Input to Other Boards/Committees ...................................................................... 1F
Letterhead .......................................................................................................... 1G
Campaign Material During Meetings .................................................................. 1H
Input from Advisory Boards ................................................................................. 1 I
City Representatives on Non City Boards (Deleted by Council 8-21-03) ............ 1J
Advisory Board Appreciation ...............................................................................1K
Budget ................................................................................................ Pages 2-14
Balanced Budget.................................................................................................2A
Maintenance of Capital Plant and Equipment .....................................................2B
Budget Review Process ..................................................................................... 2C
Budgetary Position Control ................................................................................ 2D
General Fund Unappropriated Retained Earnings ..............................................2E
Capital Improvement Budget and Capital Improvement Plan ............................. 2F
Road Millage ...................................................................................................... 3G
Enterprise Funds................................................................................................ 3H
Enterprise Fund Transfer Payment ..................................................................... 3 I
Interfund Administrative Charge.......................................................................... 3J
Interfund Other Service Charge ..........................................................................4K
CRA Contribution to General Fund ..................................................................... 4L
Special Events Fee ............................................................................................ 4M
Accounting Procedures ...................................................................................... 5N
Review of Rate Schedules ................................................................................. 5O
Review of Annual Audit .......................................................................................5P
Investment Policy ............................................................................................... 5Q
Debt Management Policy ................................................................................. 11R
Central Insurance Reserve Policy .....................................................................13S
Clearwater Gas System Gas Supply Hedging Policy ........................................ 13T
City Council ...................................................................................... Pages 15-17
Resolutions .......................................................................................................15A
Proclamations ...................................................................................................15B
Representation on Boards ............................................................................... 15C
Citizen Inquiries-Responses ............................................................................ 15D
Departing Councilmembers’ Gifts .....................................................................16E
Travel ................................................................................................................ 16F
Fund Raiser ..................................................................................................... 16G
Staff Projects ................................................................................................... 16H
Annual Events ................................................................................................... 16 I
Televising Council Meetings ............................................................................. 17J
Information Available to Public and Press .........................................................17K
Distribution of Council Mail ............................................................................... 17L
Attachment number 1 \nPage 2 of 32
Item # 9
iii As approved at 9/14/2011 Council Meeting
Table of Contents (contd)
Strategic Planning ............................................................................................ 18M
City Employees ....................................................................................... Page 19
Participating in Auctions ....................................................................................19A
Reimbursement of certain meal event..19B
General Administration ................................................................... Pages 20-23
Application Fee Waivers ...................................................................................20A
Sparkling Clearwater .........................................................................................20B
Fire Lanes ........................................................................................................ 20C
Copyright Fees................................................................................................. 21D
Renewal ............................................................................................................21E
Stationery .......................................................................................................... 21F
Welcome Letters .............................................................................................. 21G
Citizens to be Heard Response ....................................................................... 21H
Special Event Street Closure Limitation...21I
Road Side Memorials 21J
City Sponsored Events23K
Land Development ........................................................................... Pages 22-25
Annexation Agreements ....................................................................................24A
Subdivision Monuments ....................................................................................24B
Petitions for Annexation ................................................................................... 24C
Easement – US 19 (Deleted by Council 8-21-03) ........................................... 24D
Landscaping of City Roads ...............................................................................24E
Parks & Recreation Card to Annexing Property ................................................ 24F
Waiver/reduction of Liens .. 25G
Legal ........................................................................................................ Page 26
Case Reports ....................................................................................................26A
Leisure .............................................................................................. Pages 27-29
Holiday Decorations ..........................................................................................27A
Library Donor Naming Recognition ...27B
Amplification of Sound at City Venues 28C
12 and 13 year Olds’ Use of Recreation Center Fitness Rooms 28D
Attachment number 1 \nPage 3 of 32
Item # 9
1 As approved at 9/14/2011 Council Meeting
CITY COUNCIL POLICY
BOARDS
A. Representative Balance. When making appointments to a board, the City
Council will strive to assure the board has a balance of race, gender and
geographical area of the City represented.
B. Ad Hoc Committees. Members of boards may also serve on Ad Hoc
committees or Task Forces.
C. City Representatives on Non-City Boards. Citizens appointed by City
Council to be the City’s representatives on non-City Boards will serve no
more than three consecutive terms, at the discretion of City Council. The
representatives shall keep the Council informed of the activities of the
boards.
D. Non-Board Business Functions - Sunshine Law. In order to eliminate
the possibility or appearance of violation of the Sunshine Law, all boards
and committees appointed by the City Council are requested not to
schedule luncheons or other non-board business functions.
E. Special Request. Requests for special reports on projects will require
Council or City Manager’s approval prior to staff commencing efforts in
this regard.
F. Input to Other Boards/Committees. Upon majority approval, a board
may advise other boards or agencies regarding its position on issues but
may not represent that position as City policy.
G. Letterhead. Advisory Board letterhead may be used and staff assists
when correspondence is written on behalf of the entire board. Letterhead
will not be used by individual members expressing individual opinions and
concerns.
H. Campaign Material during Meetings. During City Council and board
meetings, board members will not display material supporting or opposing
candidates or issues on any election ballot.
I. Input from Advisory Boards. Staff will assure that input from advisory
boards regarding issues coming before the City Council is noted in the
City Council’s agenda items.
J. City Representatives on Non-City Boards (Deleted 8-21-03)
K. Advisory Board Appreciation. Each recipient of an invitation to the
Annual Advisory Board Appreciation event may bring one guest.
Members should attend at least one meeting prior to being invited to the
annual event.
Attachment number 1 \nPage 4 of 32
Item # 9
2 As approved at 9/14/2011 Council Meeting
CITY COUNCIL POLICY
BUDGET and FINANCE
A. Balanced Budget. It is a policy of the City Council to adopt a balanced
budget for all funds. The City will avoid budget and accounting practices
that balance the budget at the expense of future budgets. The City will
also avoid budgeting any unrealized investment gains due to the City’s
practice of holding investments until maturity.
B. Maintenance of Capital Plant and Equipment. It is a policy of the City
Council that the City’s budget will provide adequate funding for
maintenance of capital plant and equipment and the funding for their
orderly replacement.
C. Budget Review Process. It is a policy of the City Council to be provided
with a quarterly budget report comparing actual versus budgeted revenue
and expense activity.
D. Budgetary Position Control. It is a policy of the City Council that the
total number of permanent full-time and part-time positions (full-time
equivalents) approved in the annual operating budget may not be
exceeded without prior approval of the City Council.
E. General Fund Unappropriated Retained Earnings. It is the policy of the
City Council to maintain a minimum General Fund reserve equal to 8% of
the subsequent year's budgeted expenditures as a contingency fund to
meet unanticipated financial needs. Should funds in excess of 8% be
available in any fiscal year, these funds shall be identified as available,
and may be appropriated by the Council for specific Capital Improvement
Projects or other one-time needs.
In addition, the City Council will maintain an additional General Fund
reserve equal to ½% of the subsequent year’s budgeted expenditures to
fund unanticipated retirements of General Fund long-term employees
during the given fiscal year. Any appropriations approved by the City
Manager during the year, for this purpose, will be noted in the City
Manager’s quarterly budget report.
F. Capital Improvement Budget and Capital Improvement Plan. It is a
policy of the City Council to adopt a six-year Capital Improvement Plan
and Budget which summarizes the project scope, estimated cost
estimates by project, method of financing, and anticipated operating costs
of each project.
Attachment number 1 \nPage 5 of 32
Item # 9
3 As approved at 9/14/2011 Council Meeting
Budget and Finance (contd.)
G. Road Millage. In order to maintain the City’s sidewalks and streets
(including curbs and bridges), a road millage will be designated as a part
of the annual budget process. Priorities will be determined first on
functional and safety considerations. Road Millage may be used for
aesthetic repairs.
H. Enterprise Funds. It is a policy of the City Council that all Enterprise
Fund operations shall be self-supporting, and shall pay administrative and
other appropriate service charges to General Fund Operations for support
at a level determined by the City Council.
I. Enterprise Fund Transfer Payment. It is a policy of the City Council that
the specific enterprise operations designated by the City Council shall
annually transfer to the General Fund an amount determined appropriate
to be considered reimbursement in lieu of taxes. The current rate is 5.5%
of prior year gross revenues.
April 1989 policy adopted by councilmembers established this rate
at 4.5% of prior-year gross revenues. This proportionate rate was
adopted to accommodate growth, and replaced prior years' policy
of a prescribed dollar contribution. Other than the exceptions noted
below, the rate of 4.5% remained in effect until the City Council
adopted the amended rate of 5.5% in September 2005.
Upon adoption of the Gas Strategic Plan in fiscal year 1995/96, the
Council agreed to replace the Gas Support contribution with a
franchise fee from natural gas customer accounts payable to the
General Fund. This, in combination with the Gas dividend, offered
the General Fund the same level of support as fiscal year 1995/96.
The Gas System Dividend will be a minimum of $1,700,000 plus a
PILOT (Payment in Lieu of Taxes) fee of at least $508,720. Such
PILOT fee will be paid by the Gas Franchise Fees to offset such
PILOT payment. When the Gas System Net Income less Bond
Interest Earnings exceeds $3.4 million for any fiscal year, the Gas
Dividend payment for the next fiscal year will be one half of that
amount.
In September 2000, with the adoption of the 2001/02 Annual
Operating Budget, the City Council expanded this policy, which had
previously been imposed only on the utility enterprises, to include
an annual payment in lieu of taxes from the Marine and Airpark
Fund. In FY 2009 the Parking Fund began paying the PILOT.
J. Interfund Administrative Charge. It is a policy of the City Council that
an allocation shall be made annually distributing the costs for
administrative support departments among all operating departments.
This distribution shall be proportionately based on the operating
Attachment number 1 \nPage 6 of 32
Item # 9
4 As approved at 9/14/2011 Council Meeting
Budget and Finance (cont.)
department's annual budget, and shall not be charged to General Fund
departments.
Upon adoption of the Gas Strategic Plan in fiscal year 1995/96, the
Council agreed to maintain the same charge for administrative
support from the Gas Fund for fiscal year 1995/96 which will be
increased annually by estimated the cost of salary increase index
(fiscal year 2001/02 - 5%).
Beginning in fiscal year 2001, the City Council approved an
adjustment to the Gas Fund charge increasing the charge by
$325,000 over the computed amount to bring the Gas Fund more in
line with the proportionate amount calculated in the same manner
as the Other Enterprise Funds.
K. Interfund Other Service Charges. It is a policy of the City Council that
the cost of services provided to Enterprise Fund Departments by General
Fund Departments shall be charged to, and paid by the Enterprise Fund.
L. CRA Contribution to General Fund. It is the City's policy that services
provided for administrative support to the Community Redevelopment
Agency (CRA) by City employees shall be reimbursed to the General
Fund. Such reimbursement shall be approximate actual costs incurred by
the department, together with any associated costs.
M. Special Event Fees. The Special Events Committee will review
applications for use of City beaches, sidewalks, outdoor recreation open
space and rights-of-way. Sponsoring organizations will be responsible for
the costs of all City services needed in conjunction with the events unless
they are City sponsored or co-sponsored events.
The City Council may waive all or a portion of fees and related charges for
City sponsored or co-sponsored events, including, but not limited to Fun 'N
Sun, Jazz Holiday, July 4th, Turkey Trot, World Triathlon Corp. and Martin
Luther King Parade. There shall be an annual review of City
sponsored/co-sponsored events during the budget process. An agenda
item confirming co-sponsorship and waiver of fees for those to be
submitted in the budget will be brought for City Council acceptance in
March of each calendar year. All items accepted by the Council are then
to be included in the appropriate department’s budget. Only after the item
is passed as part of the approved budget is the item considered to be
funded.
In the event additional monies are requested beyond what is included in
the approved budget, City Council approval will be needed before said
additional funds are appropriated.
Attachment number 1 \nPage 7 of 32
Item # 9
5 As approved at 9/14/2011 Council Meeting
Budget and Finance (contd.)
N. Accounting Procedures. It is a policy of the City Council to establish
and maintain a standard of accounting practices on a basis consistent with
Generally Accepted Accounting Procedures (GAAP), and the
Governmental Accounting Standards Board (GASB), and the standard
practices of the Government Finance Officers Association of the United
States and Canada (GFOA).
The City will also comply with the rules of the Auditor General and the
Uniform Accounting System as required by the State of Florida.
O. Review of Rate Schedules. It is a policy of the City Council to review
rate schedules of the City of Clearwater enterprise funds at a minimum of
every 5 years. The purpose of the review will be to assure rates are set in
a manner to be fair and equitable while covering the City’s cost to provide
the service.
Unrestricted fund balances (working capital reserves) should be
maintained pursuant to the most recent rate review or at a level equivalent
to at least three months’ operation and maintenance expense, whichever
is greater, for all enterprise and internal service funds.
P. Review of Annual Audit. It is a policy of the City Council to have a
Certified Public Accounting firm perform an annual audit on all of the City’s
funds. A work session will be held each year within 60 days of the release
of the annual financial audit of the City. At that time, the overall financial
condition of the City and its enterprise funds will be reviewed.
Q. Investment Policy.
(1) SCOPE
This statement of investment policy and guidelines applies to all
investments of the City's pooled cash, which includes cash and
investment balances of the following funds:
• General
• Special Revenue
• Debt Service
• Capital Projects
• Enterprise
• Internal Service Funds
• Fiduciary Funds
The policies set forth do not apply to the non pooled cash investments of
the Pension and Deferred Compensation Funds of the City of
Clearwater, deposits for defeased debt, or assets under Bond Trust
Indenture Agreements.
(2) INVESTMENT OBJECTIVES
Attachment number 1 \nPage 8 of 32
Item # 9
6 As approved at 9/14/2011 Council Meeting
Budget and Finance (contd.)
A. Safety of principal is regarded as the highest priority in the handling of
investments for the City. All other investment objectives are secondary
to the safety of capital. Each investment transaction shall seek to first
ensure that capital losses are avoided.
B. The City's investment strategy will provide sufficient liquidity to meet
the City's operating, payroll and capital requirements. To accomplish this
the portfolio will be "laddered" with monthly maturities except for those
months in which significant Ad Valorem taxes are received. To the extent
possible, the City will match its investments with anticipated cash flow
requirements. Unless matched to a specific cash flow requirement, the
City will not directly invest in securities maturing more than 15 years from
the date of purchase. Also, unless specifically matched against a debt or
obligation not more than 15% of the portfolio will have a maturity greater
than 10 years.
C. The City's investment portfolio shall be designed with the objective of
attaining a market rate of return throughout budgetary and economic
cycles, taking into account the City's investment risk constraints and the
cash flow characteristics of the portfolio.
(3) PERFORMANCE MEASUREMENT
The benchmark yield for the operating portfolio will be the weighted
average yield determined by using the following maturity distribution and
the related U.S. Treasury yields. Treasury yields are considered the
benchmark for riskless investment transactions and, therefore comprise
a minimum standard for the operating portfolio's rate of return. The
investment program shall seek to augment returns above this threshold,
consistent with risk limitations identified herein.
Average Treasury Rates Percentage Distribution
Overnight rate 15%
3 month Treasury Bill rate 15%
6 month Treasury Bill rate 15%
1 year Treasury Bill rate 15%
3 year Treasury Note rate 15%
5 year Treasury Note rate 15%
10 year Treasury Note rate 10%
Total 100%
Weighted average maturity of benchmark 2.46 years
Attachment number 1 \nPage 9 of 32
Item # 9
7 As approved at 9/14/2011 Council Meeting
Budget and Finance (contd.)
(4) PRUDENCE AND ETHICAL STANDARDS
The standard of prudence to be applied by the investment officer shall be
the "Prudent Person" rule, which states: "Investments shall be made
with judgment and care, under circumstances then prevailing, which
persons of prudence, discretion and intelligence exercise in the
management of their own affairs, not for speculation, but for investment,
considering the probable safety of their capital as well as the probable
income derived." The "Prudent Person" rule shall be applied in the
context of managing the overall portfolio.
(5) AUTHORIZED INVESTMENTS
1. The City shall limit investments, as authorized in Florida
Statutes to:
a. Direct Federal Government obligations. Investments in
this category would include but not be limited to the following: United
States Treasury Bills, Notes and Bonds, and securities issued by the
Small Business Administration, Government National Mortgage
Association (Ginnie Mae), Veterans Administration, and Federal Housing
Administration.
b. Federal Agencies and instrumentalities. Investments in
this category would include but not be limited to the following: obligations
of the Federal Home Loan Banks System (FHLB) or its distinct banks,
Financing Corporation (FICO), the Federal Farm Credit Bank, Federal
National Mortgage Association (Fannie Mae), Federal Home Loan
Mortgage Corporation (Freddie Mac), Student Loan Marketing
Association (Sallie Mae), Financial Assistance Corporation and Federal
Agriculture Mortgage Corporation (Farmer Mac).
c. U.S. Securities and Exchange Council registered
money market funds with the highest credit quality rating from a
nationally recognized rating agency.
d. Interest-bearing time deposits or savings accounts, in a
qualified Public Depository as defined in s. 280.02 Florida Statutes.
e. Debt issued by the State of Florida or any political
subdivision thereof including pools.
f. Securities of, or other interests in, any open-end or
closed-end management-type investment company or investment trust
registered under the Investment Company Act of 1940, 15 U.S.C. ss.
80a-1 et seq., as amended from time to time, provided that the portfolio
of such investment company or investment trust is limited to
obligations of the United States Government or any agency or
Attachment number 1 \nPage 10 of 32
Item # 9
8 As approved at 9/14/2011 Council Meeting
Budget and Finance (contd.)
instrumentality thereof and to repurchase agreements fully
collateralized by such United States Government obligations, and
provided that such investment company or investment trust takes
delivery of such collateral either directly or through an authorized
custodian.
g. Repurchase Agreements and reverse repurchase
agreements collateralized by securities otherwise authorized in this
policy.
h. The Local Government Surplus Funds Trust Fund or
any intergovernmental investing pool authorized pursuant to the Florida
Interlocal Cooperation Act as provided in s. 163.01 Florida Statutes.
i. Commercial paper of prime quality of the highest letter
and numerical rating as provided for by at least one nationally recognized
rating service.
(6) Maturity and Liquidity Requirements
A. The City will maintain a forecast of expected cash outflows
and inflows by major categories. For months that the outflows exceed
inflows the City will have investments maturing that month in excess of
the forecasted deficits.
B. The City’s intention is to keep the weighted average maturity
to three years or less. Due to market conditions and cash needs the
average maturity may temporarily be greater than three years but no
greater than five years.
(7) Portfolio Composition, Risk and Diversification
Assets held shall be diversified to control risk of loss resulting from over-
concentration of assets in a specific maturity, issuer, instrument, or
dealer/broker, through which these instruments are bought and sold.
The following maximum limits apply to the portfolio:
Maturity date 10% Specific instrument 8%
Specific issuer 40% Specific dealer/broker 33%
Commercial paper 25% CMOs and REMIC 33%
Attachment number 1 \nPage 11 of 32
Item # 9
9 As approved at 9/14/2011 Council Meeting
Budget and Finance (contd.)
Diversification strategies within the established guidelines shall be
reviewed and revised periodically as necessary by the Investment
Committee.
(8) Authorized Investment Institutions and Dealers
A. Banks - Certificates of deposit purchased under the authority of this
policy will be purchased only from Qualified Public Depositories of the
State of Florida as identified by the State Treasurer, in accordance with
Chapter 280 of the State Statutes.
B. Broker/Dealer Approvals and Limitations - Time, practicality, and
general business constraints limit the number of investment relationships
which can be managed on a regular basis. In most cases, normal
investment activity will be limited to no more than ten dealer
relationships. A broker/dealer list will be established by the Finance
Director or designee. This list will be presented to the Investment
Committee for approval. This list will be updated as needed and
approved by the Investment Committee.
(9) Third-Party Custodial Agreements
All securities shall be held by a third party safekeeping company. All
purchases by the City under this policy shall be purchased using the
"delivery versus payment" procedure. For all purchases and sales of
securities the third party custodial will require the approval of two
individuals authorized by the Finance Director.
(10) Master Repurchase Agreement
All approved institutions and dealers transacting repurchase agreements
shall be covered by a Master Repurchase Agreement. All repurchase
agreement transactions shall adhere to the requirements of the Master
Repurchase Agreement.
(11) Bid Requirements
After the Finance Director or designee has determined the appropriate
maturity based on cash flow needs and market conditions and has
selected one or more optimal type of investment, the security in question
shall, when feasible and appropriate, be competitively bid. Competitive
bids or offerings shall be received from at least three dealers/brokers on
all sales or purchases except in situations where:
Attachment number 1 \nPage 12 of 32
Item # 9
10 As approved at 9/14/2011 Council Meeting
Budget and Finance (contd.)
A. The security involved is a ‘new issue’ and can be purchased ‘at
the auction’.
B. The security has a fixed "postal-scale" rate.
C. The security involved is available through direct issue or private
placement.
D. The security involved is of particular special interest to the City and
dealer competition could have an adverse impact with respect to the
price and availability to the City.
It is also realized that in certain very limited cases the City will not be
able to get three quotes on a certain security. For those cases the City
will obtain current market prices from one of the following to determine if
the transaction is in the City's best interest:
1. Bloomberg Information Delivery System.
2. Wall Street Journal or a comparable nationally recognized financial
publication providing daily market pricing.
3. Daily market pricing provided by the City's Custody Agent or their
corresponding institution.
(12) Internal Controls
The Finance Director shall establish and monitor internal and procedural
controls designed to protect the City's assets and ensure proper
accounting and reporting of the transactions related thereto. The internal
controls will be designed to prevent losses of funds which might arise
from fraud, employee error, misrepresentations by third parties, or
imprudent actions by employees of the City. All buy and sell
communications with the third party safekeeping company will be signed
by two individuals authorized to make investment decisions. The
internal controls developed under this policy shall be reviewed by the
independent auditors as a regular part of their audit of the City.
The Finance Director shall establish an Investment Committee that
meets on a regular basis for the purpose of reviewing investment
transactions, approving brokers/dealer changes and other investment
activities. The Investment Committee members will be the Finance
Director, Assistant Finance Director, Cash & Investment Manager and
any other City staff members appointed by the Finance Director.
(13) Reporting
The Finance Director or designee shall report on at least an annual basis
the following information on the City's investments:
A. Securities by class/type.
B. Book Value
C. Market Value
D. Income Earned
Attachment number 1 \nPage 13 of 32
Item # 9
11 As approved at 9/14/2011 Council Meeting
Budget and Finance (contd.)
(14) Continuing Education
The members of the Investment Committee will complete no less than
8 hours of continuing educational opportunities on investment practices
each fiscal year. The members of the Investment Committee will have
sufficient knowledge and education to invest in any and all of the
securities listed above.
R. Debt Management Policy This policy is to establish criterion and
procedures for the issuance of debt financing by the City. This Debt Policy
confirms the commitment of the City Council, management, staff, advisors and
other decision makers to adhere to sound financial management practices,
including full and timely repayment of all borrowings, and achieving the lowest
possible cost of capital within prudent risk parameters.
The City shall employ the use of debt to compliment the significant recurring
commitments of annual appropriations for capital purposes in a way that is fair,
reasonable, and equitable to each generation of taxpayers, ratepayers, users
and other beneficiaries.
1. General:
A. The City shall seek to maintain their high bond ratings so borrowing
costs are minimized and access to credit is preserved.
B. The City may utilize debt obligations to refinance current debt or for
acquisition, construction or remodeling of capital Improvement projects
that cannot be funded from current revenue sources or in such cases
wherein it is more equitable to the users of the project to finance the
project over its useful life.
C. The useful life of the asset or project generally must exceed the
payout schedule of any debt the City assumes.
D. The City will analyze funding alternatives to minimize the cost impact
of debt structures on the taxpayers or ratepayers.
E. The outstanding debt will be reexamined periodically to determine
whether an economical advantage exits for refinancing the outstanding
debt given changes in the interest rate and bond market. As a
general rule, the present value savings of a particular refunding should
exceed 5% while maintaining a similar maturity schedule to the original
debt.
2. Type and Structure of Debt:
A. Any legally allowable debt may be used for financing capital
improvements; this includes, but is not limited to, short-term and long-
term debt, general obligation and revenue debt, fixed and variable
rate debt, lease-backed debt, conduit issues, and taxable debt. The
use of zero coupon bonds, capital appreciation bonds, deep discount
bonds, and premium bonds may be considered.
Attachment number 1 \nPage 14 of 32
Item # 9
12 As approved at 9/14/2011 Council Meeting
Budget and Finance (contd.)
B. The City may consider the use of credit enhancements (letters of
credit, bond insurance, surety bonds, etc) when such credit
enhancements proves cost-effective.
C. When fiscally advisable and when consistent with contractual
obligations, the City shall lease purchase capital equipment.
Generally, equipment will have a monetary value $25,000 or more
and a minimum life expectancy of three years. The debt service on
the lease purchase items shall be paid by the user department.
3. Issuance of Obligations
A. Selecting Service Providers:
1) The City may retain an independent financial advisor for
advice on debt structuring, the rating review process,
marketing debt issuances, sale and post-sale services and
to prepare and/or review the official statement.
2) The City may also retain independent bond counsel and
disclosure counsel for legal and procedural advice on all
debt issuances.
3) As necessary, the City may retain other service advisors,
such as trustees, underwriters, and pricing advisors.
4) Any process utilized to select professional service
providers in connection with the City’s debt program shall
be in conformance with City purchasing policies,
procedures and requirements.
The objectives of the process will be to:
a) Promote competition
b) Be as objective as possible
c) Incorporate clear and rational selection criteria
d) Be independent of political influence
e) Be perceived as fair by the respondents
f) Result in a cost-effective transaction
g) Result in the selection of the most qualified firm
h) Eliminate conflict of interest
B. Method of Sale
1) Competitive Sale. The City will generally seek to issue its
bond obligations in a competitive sale. Other methods may
be used if it is determined that such a sale method will not
produce the best results for the City.
2) Negotiated Sale. The City may elect to sell its bond
obligations through a negotiated sale. This method will
usually be considered when the bond issue is refunding a
prior issue or there is a unique or unusual component to
the bond issue.
3) Private Placement. When determined appropriate, the City
may elect to sell its debt obligations through a private
placement or limited public offering.
C. Maturity of the debt
1) Bonds will generally not have more than a thirty-year duration.
Attachment number 1 \nPage 15 of 32
Item # 9
13 As approved at 9/14/2011 Council Meeting
Budget and Finance (contd.)
2) Lease Purchase debt will generally not have more than a five-
year duration.
S. Central Insurance Reserve Policy It is a policy of the City Council to
maintain a Central Insurance Fund reserve to guard against unforeseen or
uninsured costs or increases in property, workers’ compensation, health or
liability insurance. The target minimum balance for this reserve is equal to
75% of the actuarially calculated self-insurance reserve liability. If
reserves are drawn down below the above target minimum balance, the
City will develop a plan to replenish the reserves, generally within five (5)
years.
T. Clearwater Gas System Supply Hedging Policy It is a policy of the
City Council to limit the financial risk to Clearwater Gas System (CGS) of
natural gas purchases by Hedging a portion of its gas supply needs with
the intention of reducing price volatility for the residential, commercial, and
industrial customers of CGS. Hedging amounts for a specified period of
time will NOT exceed the expected average natural gas energy usage
over that time period.
The City Representative shall issue a Directive to Florida Gas Utility
(FGU) in the event that CGS would like FGU to take any action with
respect to a Financial Product on its behalf. The General Manager of
FGU shall not be authorized to enter into a Financial Product on a system-
wide basis for CGS without a Directive from the City Representative.
Financial Products shall be purchased or otherwise acquired for the
purpose of risk management and, to the extent possible, shall be entered
into in such a manner as to meet applicable accounting standards as a
“hedge” for accounting purposes; provided that the failure to obtain any
particular accounting treatment with respect to a Financial Product shall
not form a basis for challenging or otherwise calling into question the
legality and enforceability of a Financial Product entered into pursuant to a
Directive. CGS shall not engage in any purchase or acquisition of
Financial Products for Speculation.
In the event if any inconsistency between the terms of this Policy and any
existing agreement between FGU and CGS, including, without limitation,
the All Requirements Gas Services Agreement, dated as of February 15,
2002 and as amended from time to time, between FGU and CGS and
entered into pursuant to Resolution No. 02-02 the City of Clearwater,
Florida, the terms of such agreement shall prevail.
1. City Representative – A representative of the City of
Clearwater, Florida, who can authorize a Directive with
respect to Financial Products, which term shall include,
without limitation, any person designated as a “member
representative” or “project participant representative”
Attachment number 1 \nPage 16 of 32
Item # 9
14 As approved at 9/14/2011 Council Meeting
Budget and Finance (contd.)
under an agreement between FGU and the City of
Clearwater, Florida.
2. Directive – An instrument, in writing, executed and
delivered by a City Representative that gives directions to
FGU, or otherwise authorizes actions by FGU, with
respect to Financial Products and the related Financial
Instruments.
3. Financial Instruments – One or more agreements entered
into with respect to Financial Products by and among the
parties thereto, which may include FGU, CGS, or both, or
any other third party or counterparty thereto, and such
term shall expressly include, without limitation, any
assignment or termination agreement related to Financial
Products by FGU, CGS, or both.
4. Financial Products – Swaps, options, caps, collars,
floors, forwards, futures contracts, and any other Hedging
transactions, and any combination of the foregoing,
whether executed “over-the-counter” pursuant to private
agreement of “exchange-traded” on one or more
regulated contract markets.
5. Hedge – To minimize or protect against loss by
counterbalancing one transaction against another or
otherwise mitigating economic risk. The term “Hedging”
shall be construed accordingly.
6. Speculation – Using Financial Products in a manner not
reasonably expected to reduce the risk associated with
CGS business activities.
Attachment number 1 \nPage 17 of 32
Item # 9
15 As approved at 9/14/2011 Council Meeting
CITY COUNCIL POLICY
CITY COUNCIL
A. Resolutions. An individual Councilmember may request a resolution.
However, prior to preparation of the resolution, there must be a majority
of the Councilmembers agreeing to do so.
B. Proclamations. The City of Clearwater will consider issuing
proclamations from all segments of the community without regard to
gender, race, ethnicity or handicap. Proclamations will not be issued to
individuals, companies, “for profit” organizations, profit making agencies,
political organizations or religious organizations.
C. Representation on Boards. Councilmembers are asked to serve on
various regional and governmental boards. Boards/Committees may be
added or deleted from time to time. These duties should be distributed
equitably among the Councilmembers. Appointment of Council members
to these boards shall be evaluated annually in April.
Whenever possible, a Council representative on a board or committee will
receive Council input prior to taking a position regarding issues coming
before that board. The representing Councilmember shall vote in
accordance with the stated position of the majority of the Council. If it is
not possible to obtain Council input the Councilmember is to act to the
best of their ability in the city's interest and with prior Council positions in
mind.
Periodic review of the actions of these boards and committees is desirable
and the representing Councilmember should coordinate these reports.
D. Citizen Inquiries - Responses.
1. Generally responses should be in the same form as received, i.e.
letter with letter. However, when deemed to be more appropriate a
different form may be used.
2. Inquiries addressed to a specific Councilmember will be responded to
by that Councilmember.
3. Inquiries addressed to the whole Council, whether in one letter or
duplicate letters to all Council members, will be answered factually by
the Mayor with an introductory phrase of "On behalf of the Clearwater
City Council." When needed, responses will be brought to Council for
direction, prior to being sent. Mail will be routed to the appropriate
staff to draft a response. Individual Councilmembers are not
precluded from responding individually to express their opinion.
Attachment number 1 \nPage 18 of 32
Item # 9
16 As approved at 9/14/2011 Council Meeting
City Council (Cont.)
4. Inquiries received which are not specifically addressed to the Council
or its members will be answered by the City Manager or designated
staff member.
5. Inquiries and responses will be distributed, via e-mail, to all
Councilmembers
6. Form letters or emails may be acknowledged but will not require a
customized response.
E. Departing Councilmembers’ Gifts. Departing gifts shall be chosen in
consultation with the outgoing members. The value of the gifts shall be a
maximum of $300 for one full term, $500 for two full terms and $600 for
more than two full terms.
One full term. Plaque, nameplate, letter, pewter tray with seal, Council
pictures.
Two full terms. Plaque, nameplate, letter, City watch, Council pictures.
(Revised 08-05-2010)
Three of more full terms. Plaque, nameplate, ring, collage or album, tray
with seal, letter, gag gift, caricature.
F. Council Travel. Payment for travel expenses shall be in keeping with the
charter and the City’s travel code. Specific amounts of the Council’s travel
budget shall be allocated to each Council member during annual budget
preparations. At the end of each fiscal year Council members shall
provide a report detailing that year’s travel. Council approval shall be
obtained prior to any member exceeding their annual allocation for travel.
G. Fund Raisers. It shall be at the discretion of individual Councilmembers
whether or not to accept invitations to fund raising activities. Expenses
incurred by acceptance are not reimbursable. City employees will not
attend these functions as City representatives.
H. Staff Projects. A Councilmember shall request staff research or projects
only through the City Manager or City Attorney in accordance with the City
charter. Any request that, in the determination of the City Manager or City
Attorney, will take longer than 8 hours must be approved by a majority of
the Council. The results of such research or projects, except for legal
advice to an individual, will be shared with all council members.
I. Annual Events. Newly elected Councilmembers and Councilmembers-
elect shall be invited to the annual Phillies dinner and advisory board
appreciation event.
Attachment number 1 \nPage 19 of 32
Item # 9
17 As approved at 9/14/2011 Council Meeting
City Council (Cont.)
J. Televising Council Meetings. All regular City Council meetings and work
sessions will be televised on C-View. Efforts will be made to also televise
specially scheduled meetings and work sessions. However, there will be
times when this is not possible, or practical. No closed door
attorney/client or bargaining sessions will be televised
K. Information Available to Public and Press. All material prepared by the
City Manager and City Attorney for the Council shall be provided to the
press and to the public via the Official Records and Legislative Services
Department.
L. Distribution of Council Correspondence. All correspondence to the
Mayor and the Councilmembers arriving at City Hall received pursuant to
the law or in connection with the transaction of official business by the City
of Clearwater shall be distributed as follows:
When needed, e-mails will be forwarded to all Councilmembers by the
Council Assistant. Councilmembers will receive the original of hard copy
items individually addressed to them, whether anonymous or not. Council
e-mails and other correspondence will be available on the City’s website
through the electronic document management system. Mail will be
delivered to the Council at least once per week.
Other anonymous letters and suggestions will not be distributed but will be
maintained in the City Manager's Office.
Publications and items of considerable length (such as petitions and
agenda materials for other boards) will not be distributed. These items,
along with other routine correspondence not requiring responses will be
noted on a weekly read file and available through the electronic document
management system.
Unless otherwise directed, correspondence with the words similar to
“Personal”, “Confidential”, or “For the Addressee Only” will be delivered
unopened to the addressee. If such correspondence is determined to be
related to City business, the receiving Councilmember is to forward to the
Council Assistant for distribution.
The City Manager will discuss with the Mayor malicious mail.
All e-mails received by the Councilmembers in their individual city email
account will be forwarded to the Council Assistant for distribution, or email
forwarding, in the same manner as other "hard copy" mail. The following
emails will not be forwarded: SPAM/JUNK, broadcast general information
or solicitation or items pertaining to scheduling.
Attachment number 1 \nPage 20 of 32
Item # 9
18 As approved at 9/14/2011 Council Meeting
Emails or "hard copy" mail relating to city business, sent directly to a
councilmember's home or private business, or hand delivered, shall also
be forwarded to the Council Assistant for distribution.
M. Strategic Planning. Each year the City Council shall meet in a strategic
planning session(s). The meeting(s) will review the five-year financial
forecast and update as necessary, the City's Mission, Values and Vision
Statements. From these documents a five-year strategic plan will be
developed. The five-year strategic plan will become the basis for the
annual City Manager and City Attorney Objectives, and the City's annual
budget process for the next fiscal year.
Attachment number 1 \nPage 21 of 32
Item # 9
19 As approved at 9/14/2011 Council Meeting
CITY COUNCIL POLICY
CITY EMPLOYEES
A. Participating in Auctions. City employees and Councilmembers are
prohibited from participating in City auctions involving the sale of property
which has either been abandoned and confiscated, acquired with public
funds or which has otherwise come into the possession of the City. They
may attend as spectators but may not bid on or purchase items offered for
sale. All actions that would lead to perceptions of participation, such as a
family member bidding on items, should be avoided. It is the intent of this
policy to avoid giving "insider" information or a profit motive to employees
or their families in the disposal of surplus items.
B. Reimbursement of certain meal events. The City Manager will
determine when it is appropriate to reimburse city employees for meal
costs associated with recognition, award and business related functions.
Attachment number 1 \nPage 22 of 32
Item # 9
20 As approved at 9/14/2011 Council Meeting
CITY COUNCIL POLICY
GENERAL ADMINISTRATION
A. Application Fee Waivers. Generally, building permit, occupational
license, plan review and zoning-related application fees will not be waived
except for City projects and other governmental agencies. If staff believes
special conditions exist, such requests may be brought to the Council for
consideration. Application fee waivers for governmental agencies will
include all governmental projects including those in which the
governmental agency is leasing property from a third party, providing the
governmental agency is the entity which applies for and obtains the
permit. PACT will be considered a governmental entity when considering
application fee waivers.
NOTE: The City Clerk's research regarding waiver of application fees
shows the following:
Chi Chi Rodriquez Youth Foundation - no waivers
Center Foundation - waive building permit fees
Pinellas County - waived building permit fees for work done by County
forces; waive fees for variance application
State of Florida - waive fees for variance applications
Clearwater Ferry - waive building permit fees
St. Petersburg Jr. College - refunded building permit fee for parking lot
None of the above includes waiving impact fees.
B. Sparkling Clearwater. In order to maintain and enhance the image of
Sparkling Clearwater, the Council supports staff in enhanced solid waste
recycling and conservation projects, tightening and increasing
enforcement of codes (i.e., fence landscaping, prohibition of banners, lot
clearing, etc.). Staff is also directed to place a greater emphasis on and
coordinate aesthetic consideration on site plans and other development
review (i.e., placement of dumpsters, fencing of dumpsters, property
landscaping and landscaping of parking lots including perimeter
plantings). Litter cleanup and "adopt a street or park" programs are
encouraged. Educational and incentive programs for both City staff and
the public addressing this issue should be developed.
C. Fire Lanes. Fire Department personnel will participate in the enforcement
of parking violations pertaining to fire lanes and fire hydrants.
Attachment number 1 \nPage 23 of 32
Item # 9
21 As approved at 9/14/2011 Council Meeting
General Administration (contd.)
D. Copyright Fees. The City shall pay the necessary copyright fees to
ASCAP for those concerts in the bandshell co-sponsored by the City. The
City shall provide a monthly report to ASCAP regarding activities in the
bandshell and ASCAP shall be responsible for collecting the fees from
bands participating in non-City sponsored programs. In addition, the City
shall pay the necessary copyright fees to BMI for showing movies at
various recreation centers.
E. Renewal.
All renewals of agreements the City has with organizations or tenants
should be presented to the Council at least sixty (60) days prior to the
expiration of the original term.
F. Stationery. The City shall have one form of stationery on which the City
seal will be imprinted. Paper stock will be recyclable. Other forms in
supply will be allowed to be used until said supply is depleted.
Exception: The Gas Division may use its logo.
G. Welcome Letters. Upon adoption of an Annexation Ordinance staff will
prepare a letter for the Mayor’s signature welcoming the property owner to
Clearwater.
H. Citizens to be Heard Response. When appropriate, responses will be
sent to those addressing the Council under Citizens to be Heard regarding
Items not on the Agenda.
I. Special Event Street Closure Limitation. Street closures for special
events shall be limited to two (2) per calendar year requested by any one
non-profit or for-profit organization. The City of Clearwater shall be
exempt from this limitation. The City shall comply with any Florida
Department of Transportation policies regarding street closures of state
roads.
J. Roadside Memorial Marker Program.
The purpose of this policy is to establish the guidelines for the placement of
standardized roadside memorials for people that have died as a result of a motor
vehicle, pedestrian or bicycle crash within City maintained right-of-way on
segments of roadway in incorporated Clearwater.
The City of Clearwater, Traffic Operations Division, is responsible for the
implementation of the Roadside Memorial Marker Program.
The policy will apply to fatalities occurring after January 1, 2005.
The installation of a roadside memorial marker will be processed in accordance
with the following:
Attachment number 1 \nPage 24 of 32
Item # 9
22 As approved at 9/14/2011 Council Meeting
Requests for a memorial marker shall be submitted in writing to the Traffic
Operations Division of Engineering by filling out a Memorial Marker Request
Form. The form will be available online from the City’s website or by calling the
City. Requests may be made by immediate family members or friends.
Requests from friends require written approval from the deceased’s immediate
family.
Memorial markers will be designed, constructed and installed by the Clearwater
Traffic Operations Division. The Traffic Operations Division will be responsible
for designing the sign and ensuring proper and safe placement – the exact
location will be at the discretion of the City.
Memorial markers will not be allowed within the limits of active construction work
zones.
There shall be no activities while the memorial marker is in place that pose a
safety hazard to the public or that violates any provision of Chapter 316 of the
Florida Statutes concerning stopping, standing, parking, or obstruction of traffic
on public roads.
Memorial Markers will only be installed in residential areas where fatalities
occurred with the written permission of the resident whose property is abutting
the residential right of way where the memorial is to be placed.
The requesting citizen will be notified once the installation is complete.
Memorial markers will be allowed to remain in place for one year after installation
unless earlier removal is necessitated by construction activities. After one year
the sign will be removed by City forces.
The memorial marker shall be a 15” diameter aluminum sign with a white
background and black letters.
The sign message will state ‘Drive Safely – In memory’, and the family will have
the option of adding the deceased’s name to the sign.
As an option, the City can offer an alternate safety message to the ‘Drive Safely’
legend if desired by the family that would be specific to the type of crash, and as
long as it will fit on the sign. Examples could be ‘Don’t Drink and Drive’, ‘Buckle
Up’, ‘Slow Down’, etc.
The sign will be mounted at a height of 3.5’ (42”) from the ground to the top of the
sign.
The applicant will incur the cost of design, construction, installation,
maintenance, and removal of the memorial marker. This cost is $300.00. Upon
request the sign becomes the property of the applicant.
Attachment number 1 \nPage 25 of 32
Item # 9
23 As approved at 9/14/2011 Council Meeting
K. City Sponsored Events. Events sponsored by the City, such as Volunteer
Recognition, Advisory Board Appreciation, etc., shall be held within the City
limits of Clearwater, unless the cost for a venue outside the City limits is at
least 20% less.
Attachment number 1 \nPage 26 of 32
Item # 9
24 As approved at 9/14/2011 Council Meeting
CITY COUNCIL POLICY
LAND DEVELOPMENT
A. Annexation Agreements. The City Manager is authorized to approve
routine annexation agreements involving one existing or proposed
residences. Where a discrepancy exists regarding land use designations,
right-of-way requirements, or any other circumstances, administrative
approval is not authorized. A quarterly report of administrative approval is
requested.
B. Subdivision Monuments. New entranceway landscaping, monuments,
signage, and walls shall not be allowed within the public rights-of-way of
the City of Clearwater. Such special treatments are to be upon private
property and in accordance with all applicable codes and regulations. The
owners of all existing entranceway features occupying public property are
to execute an agreement with the City of Clearwater wherein owners
agree to keep all features in good repair, hold the City harmless for any
liability arising from the use of the public right-of-way, and provide a
$500,000 liability insurance policy. Upon failure of the owners to execute
such agreement and provide the required insurance policy after forty-five
days from written notice, or by tagging the structure when owners cannot
be determined, or upon failure of the owners to repair or maintain any
feature of the site which has fallen in disrepair after similar notice, the
Public Works Department is to remove all such materials occupying the
public right-of-way.
A wooden sign with breakaway features approved by the City Engineer
may be allowed within the public right-of-way when associated with a city
approved “Adopt a (fill in name)” program, and is to be limited to a size
necessary to name the sponsoring agency in 3-inch letters. Such sign to
be a maximum height of 18-inches.
C. Petitions for Annexation. Request to be made that all contiguous parcels
under the same ownership be annexed simultaneously.
D. Easement – U.S. 19 (Deleted 8-21-03)
E. Landscaping of City Roads. When landscaping is a necessary and
integral part of a City road or street improvement/construction project the
landscape material shall be selected and located based on expense of
required maintenance. All such material shall be drought resistant.
F. Parks & Recreation Card to Annexing Property. Resident Parks &
Recreation cards may be obtained by petitioners for annexation upon
acceptance of the application.
Attachment number 1 \nPage 27 of 32
Item # 9
25 As approved at 9/14/2011 Council Meeting
Land Development (Cont.)
G. Waiver/reduction of liens. In order to encourage (re) development of
properties for enhancement of property values and living conditions in the City,
the following factors will be considered for requests for waivers/reductions of lot
clearing, nuisance abatement, and/or unsafe structures/demolition liens.
¨ Whether the violation has been brought into compliance regarding the
violation cited.
¨ Whether extreme or undue hardship is shown regarding payment of
the lien and/or regarding coming into compliance with code
requirements during the required time.
¨ Whether there are existing code violations on other properties owned
by the violator or prospective purchaser.
¨ Whether there is a development or redevelopment proposal regarding
the property which would result in improvement or upgrade of the
property.
¨ Whether, given such a development or redevelopment plan, it would
be impractical to take the compliance action directed by the City
Council.
¨ Whether payment would hinder a proposed sale of the property.
¨ Whether an appraisal of the property, submitted by the applicant,
demonstrates to the City that the cost of the lien has been absorbed.
¨ The amount of a lien will not be reduced below the amount
representing administrative costs incurred by the city regarding the
case.
Attachment number 1 \nPage 28 of 32
Item # 9
26 As approved at 9/14/2011 Council Meeting
CITY COUNCIL POLICY
LEGAL
A. Case Reports. The city attorney shall furnish to the city council a quarterly
report of pending litigation, identifying each case, opposing counsel, the
nature of the case, and the status of the case as of the date of the report.
In addition, the city attorney shall keep the city council and city manager
advised from time to time as to significant developments in each case.
Attachment number 1 \nPage 29 of 32
Item # 9
27 As approved at 9/14/2011 Council Meeting
CITY COUNCIL POLICY
LEISURE
A. Holiday Decorations. Holiday decorations along the rights-of-way to be
installed or paid for by the city will be limited to the Downtown Core,
Memorial Causeway, South Gulfview to the southern point of Beach Walk,
Mandalay south of Acacia and the business district on Sand Key.
B. Library Donor Naming Recognition. The following guidelines govern
donor recognition with regard to naming buildings, areas, rooms,
collections, furnishings and equipment:
1. Library building names will have geographical or functional
names only and will not be subject to availability for donor
recognition. Clearwater Main Library and North Greenwood Branch
meet the policy guidelines, but John Doe Main Library does not.
2. Naming of library internal functional areas, rooms, and major
collections is the prerogative of the City Council.
3. Collections of materials, equipment or furnishings, which are
accepted as gifts by the Library Director, and/or funded by
individuals, corporations or foundations, may be recognized by a
discrete engraved plaque mounted on or near the gift as
appropriate, with the name of the donor displayed. For example
"the John Doe collection of Illuminated Manuscripts" or "Computer
Equipment for Research Provided and Maintained by the John Doe
Corporation."
4. All signs and plaques printed with names of donors will be of
similar appearance and will be consistent with the architectural
design and interior decoration of the building.
Attachment number 1 \nPage 30 of 32
Item # 9
28 As approved at 9/14/2011 Council Meeting
Leisure (Cont.)
C. Amplification of Sound at City Venues. The following guidelines govern
the amplification of sound at City co-sponsored and private events held at
City venues for musical and entertainment productions.
1. Amplification of sound and in particular music for an event must
end at a specific time set by the City Manager or his designee. In
general that time will be no later than 10:00 p.m. Sunday through
Thursday and no later than 11:00 p.m. on Friday and Saturday, but
on certain rare occasions permitted to be held longer.
2. Amplification of sound including music will not exceed an
average of 95 decibel or dB level measured at the house mix over a
period of 30 seconds.
3. Amplification of sound during the event will be measured by a
City employee or City contractor by using a sound-level meter
which is an instrument that includes a microphone, amplifier, RMS
detector, integrator or time average, output or display meter and the
weighting networks used to measure sound pressure levels.
4. The City employee or City contractor will measure the sound
levels for every group performing at the event.
5. In the event a promoter or sponsor violates this policy the City
employee or City contractor will require that the sound levels be
adjusted to meet the standard. If after the first warning the volumes
are not adjusted to meet the policy the City employee or City
contractor will personally adjust the sound level to bring in
compliance.
6. If a promoter or sponsor continues to violate this policy then
they will not be allowed to have concerts at City venues.
D. Ages 12 - 13 supervised use of City recreation fitness facilities. The
following guidelines govern the use of City recreation fitness facilities by users
ages 12 and13.
1. This section shall apply to the use of fitness facilities for individuals who
have achieved the age of 12 or 13 on the day of, or prior to, the day such
individual requests such use.
2. Use of the fitness area by such person is governed by this Council policy
and is limited to instances where such person is actively, directly
supervised by the individual’s parent, legal guardian or a designated
responsible adult, in a one on one setting. Any other use of City
recreation facilities by 12 and 13 year olds is strictly prohibited.
3. A parent under this policy is defined as either biological parent or legal
guardian.
4. A responsible adult under this policy is defined as a person who has
achieved the age of 21 on the day of or prior to the date of the use and is
Attachment number 1 \nPage 31 of 32
Item # 9
29 As approved at 9/14/2011 Council Meeting
designated by the parent or legal guardian on the “Parental Consent and
Waiver/Release of Liability” form.
5. An acceptable level of supervision under this policy is considered to be
achieved when the parent, legal guardian or designated responsible adult
is not engaged in any other activity (i.e. working out or in conversation with
another user) during the performance and attendance of the designated
youth participant.
6. This level of supervision is designed to ensure proper focus and attention
to achieve safety standards and requirements, including proper technique,
appropriate equipment selection and use. Further, the required
supervision is designed to protect other users of the facilities.
7. City staff will monitor for compliance of this policy.
8. Both the parent, legal guardian or designated responsible adult and
individual child, must have valid access to the fitness facility by paying the
appropriate daily fee, or by securing the proper membership that allows
use of the area. In addition, the parent or legal guardian must agree to
and sign the “Parental Consent and Waiver/Release of Liability” form and
identify the responsible adult(s) who may supervise the child.
9. Staff, in its sole discretion, shall retain the right to eject any party not
complying with this policy. In addition, failure to adhere to this policy shall
result in immediate, permanent termination of the youth participant’s
fitness facility use rights.
Attachment number 1 \nPage 32 of 32
Item # 9
Revised 08-05-2010 by Resolution 10-21 1
COUNCIL RULES
RULE 1
SCHEDULING COUNCIL MEETINGS/WORK SESSION AGENDAS
(1) The City Council shall meet on the first and third Thursdays of each month at
6:00 p.m. in its chamber. However, in July, the City Council shall hold one regular night
meeting on the third Thursday of the month. There will be no regular meeting on the
third Thursday of December or the first Thursday of January. The Council will make this
determination at the time the annual meeting calendar is being compiled. The day of
the meeting may be changed by majority vote of the Council.
(2) Except as may be rescheduled from time to time when necessary due to conflict,
a work session shall be held at 9:00 a.m. on the first working day of the Council meeting
week. Work sessions are primarily designed for information gathering and guidance,
and no formal Council decision approving or disapproving an agenda item or items
scheduled for public hearing may be made. No public input will be accepted at work
sessions except by consensus of Council. Only items on the work session agenda will
be discussed. Items not on the agenda may be brought up by the Council or staff
during the work session asking they be scheduled for subsequent meetings or work
sessions.
(3) Community meetings will be scheduled as requested by the Council.
RULE 2
REQUIREMENTS FOR QUORUM
A quorum for the transaction of business by the City Council shall consist of three (3)
Council members.
RULE 3
MANDATORY MEETING ATTENDANCE FOR CITY OFFICIALS
The City officials whose regular attendance shall be required during the sittings of the
Council shall be the City Clerk, City Manager and City Attorney or their substitutes.
Attachment number 2 \nPage 1 of 7
Item # 9
Revised 08-05-2010 by Resolution 10-21 2
RULE 4
DUTIES AND RESPONSIBILITIES OF “CHAIR”
The Mayor shall be the presiding officer of the City Council, and shall be referred to as
the “Chair” when sitting in that capacity. In case of the absence of the Mayor, the Vice-
Mayor shall assume those responsibilities, and if both are absent, the senior Council
member in years of service shall preside. The Chair shall preserve order. The Chair
may call to order any member of the Council who shall violate any of the rules; and shall
decide all questions of order, subject to a majority vote on a motion to appeal. The
Chair shall recognize all members who seek the floor as provided in Rule 8. The Chair
shall not make or second a motion.
RULE 5
DUTIES OF VICE-MAYOR IN ABSENCE
OF MAYOR
Pursuant to Charter section 2.05, "the Vice-Mayor shall act as Mayor during the
absence or inability of the Mayor to perform the duties of the office of the Mayor." For
the purpose of that section, the Mayor shall be considered absent if there are duties of
the office which must be performed and the Mayor is not present and able to perform
them.
RULE 6
ORDER OF BUSINESS
(1) The order of business for a regular meeting shall ordinarily be:
A. Invocation
B. Pledge
C. Special recognitions and awards
D. Minutes of previous meetings.
E. Citizens to be heard regarding items not on agenda. Each speaker will be
asked to give their name and address and to limit their comments to a maximum of
three minutes.
F. Public hearings (not before 6:00 p.m.)
Legislative and administrative matters:
1. Presentation of issues by City staff.
2. Statement of case by applicant or representative (5 minutes).
3. Council questions.
Attachment number 2 \nPage 2 of 7
Item # 9
Revised 08-05-2010 by Resolution 10-21 3
4. Comments in support and comments in opposition. See subsection (3)
below regarding time limitations for speakers.
5. Council questions.
6. Final rebuttal by applicant or representative (5 minutes).
7. Council motion to determine disposition.
Quasi-judicial Hearings (those giving testimony will be sworn-in):
1. Staff states its recommendation and briefly summarizes its reasons for
the recommendation (2 minutes).
2. Applicant presents case, including its testimony and exhibits. Witness
may be cross-examined (15 minutes).
3. Staff presents further evidence. May be cross-examined (10 minutes).
4. Public comment. See subsection (3) below regarding time limitations
for speakers.
5. City Council discussion, and may question any witness.
6. Applicant may call witnesses in rebuttal (5 minutes).
7. Conclusion by applicant (3 minutes).
8. Decision.
All time limits may be extended upon request, and upon approval of
request by majority of City Council.
G. City Manager reports.
H. City Attorney reports.
I. Council Discussion Items (work session only).
J. Other Council action (if agendaed from work session).
K. Closing comments by Mayor.
(2) Agenda items, other than public hearings, will be presented by staff followed by
questions by the Council, public input, discussion by the Council, a motion and second,
then debate on the motion.
(3) Public comments in support or opposition of items before the Council shall be
limited to a total of 60 minutes, which can be extended upon Council approval. Unless
otherwise specified, persons speaking before the City Council shall be limited to three
minutes per speaker. Representatives of a group may speak for three minutes plus an
additional minute for each person in the audience that waives their right to speak, up to
a maximum of ten minutes. A form will be provided to document the request for
additional time and those agreeing to waive their right to speak. No person shall speak
more than once on the same subject at the same meeting unless granted permission by
the City Council. When time limits are set for speakers, unused time cannot be passed
Attachment number 2 \nPage 3 of 7
Item # 9
Revised 08-05-2010 by Resolution 10-21 4
from one speaker to another. Extensions of time limits can be given if approved by the
Chair.
RULE 7
AGENDA/EXPENDITURE OF FUNDS/
WAIVER OR CHANGE OF RULES
(A) The City Manager or City Attorney may agenda an item. Any Council item must
be agendaed for discussion at a work session prior to the item being placed on a
Council Agenda. Any citizen may request a member to agenda an item, even though
staff has assured petitioner that adverse action may result. The Chair cannot depart
from the prescribed agenda but the Council may do so by a majority vote or by
consensus in response to a suggestion from the Chair. Continuance may be granted by
a majority vote of the Council upon the motion of any Council member. The public will
be allowed to speak on an item to be continued if that item is an advertised public
hearing, but no other action shall be taken.
(B) Except for items advertised for public hearing, items may be removed from the
agenda. Emergency items may be added to the agenda by the City Manager or City
Attorney without prior notice. Councilmember requested items that have not been
considered at a work session can be discussed at a Council meeting upon a majority
vote of the council to do so. The agenda may be reordered.
(C) Any expenditure of funds requiring Council action must be on the agenda, with
appropriate support material. No action may be taken on expenditures not on the
agenda unless the Council determines by the affirmative vote of a majority plus one to
permit action to be taken.
(D) The rules may be waived or changed only upon the affirmative vote of a majority
plus one.
RULE 8
DISCUSSION OF AGENDA ITEMS, DEBATE OF MOTIONS, TIE VOTES
Council may discuss an agenda item prior to a motion being made. Such discussion
may be interactive between the Council members and may be ended at any time by a
motion on the item. Otherwise, any member of the Council making a motion shall
address the Chair and await recognition before speaking. The person making the
motion is entitled to the floor first for debate. No one is entitled to the floor a second
time on the same motion as long as any other member who has not spoken on the
issue desires the floor. The Chair must recognize any person who seeks the floor while
entitled to it.
Attachment number 2 \nPage 4 of 7
Item # 9
Revised 08-05-2010 by Resolution 10-21 5
When a motion is made and seconded, it shall be stated by the Chair, if necessary,
before any debate shall be in order. All questions shall be stated and put by the Chair,
and the Chair shall declare all votes.
Motions and any amendments can be withdrawn or modified by the maker at any time
prior to the Chair stating the question on the motion; after that time, the permission of
the Council majority must be obtained. The Chair cannot close debate as long as any
member who has not exhausted his right to debate desires the floor, unless a vote on
the previous question is called.
A tie vote shall constitute a continuance of the item to the next regularly scheduled
meeting, but upon a tie vote on the same item at the next meeting, the item shall not be
rescheduled except upon the request of the City Manager, the City Attorney, or a
Council member.
RULE 9
NON-DEBATABLE MOTIONS
The following motions are not debatable:
To adjourn;
To lay on the table;
To take from the table;
Call the previous question.
RULE 10
RECONSIDERATION
Any member of the Council who voted with the prevailing side may move a
reconsideration of any action of the whole Council provided that the motion be made at
the same meeting at which the action was taken. A motion to reconsider shall be in
order at any time (during the meeting at which the action was taken) except when a
motion on some other subject is pending. No motion to reconsider shall be made more
than once on any subject or matter at the same meeting.
RULE 11
RESCISSION OF COUNCIL ACTION
Council action may be rescinded by a majority vote. The motion may be made by any
Council member.
Attachment number 2 \nPage 5 of 7
Item # 9
Revised 08-05-2010 by Resolution 10-21 6
RULE 12
BREAKS/RECESSES
The Council shall, at the direction of the Chair, take a break as needed and may recess
for meals if the members of the City Council agree by their vote.
RULE 13
COUNCIL MINUTES
Copies of the minutes of regular meetings shall be furnished prior to the next meeting.
Such minutes shall stand confirmed at the regular meeting of the Council without the
reading thereof in open meeting unless some inaccuracy or error be pointed out by
some member of the Council present, and in such event, an appropriate correction shall
be made. Upon request, the City Manager will cause the City Clerk to provide any
Council member with transcribed excerpts of tapes of City Council meetings.
RULE 14
RULES OF ORDER
Except as provided herein, or as may be required by Florida law or the City Charter, the
rules of the City Council for the conduct of its business shall be as provided in the most
recent edition of Robert’s Rules of Order.
RULE 15
RULES OF DECORUM
At all times, the Council, staff and public shall conduct themselves in a respectful and
civil manner. The Chair shall rule out of order any person who, in the Chair’s
determination, is making obscene, profane, impertinent, irrelevant, immaterial,
inflammatory statements or inciting violence or fighting. The determination of the Chair
or a majority of the Council shall be final on such matters. No member of the audience
shall, during a Council Meeting, make or cause to be made any audible or disruptive
sound or noise. Signs or graphic displays of any kind shall not be displayed in Council
chambers, except in connection with a presentation made to the Council by a speaker
at the podium. All persons shall at all times conduct themselves in accordance with
these rules and failing such shall be removed from the Council Chambers. In the event
of such removal such person shall not thereafter be readmitted to the Council
Chambers during the same meeting. The Chair may recess the meeting, if deemed
necessary, in order to restore order.
Attachment number 2 \nPage 6 of 7
Item # 9
Revised 08-05-2010 by Resolution 10-21 7
Resolution No. Date Adopted
77-44 5-12-77
77-129 11-23-77
78-65 6-01-78
80-62 5-15-80
80-101 9-19-80
80-118 11-06-80
81-32 4-16-81
81-92 8-06-81
82-33 4-01-82
82-36 4-15-82
82-115 12-16-82
82-119 12-16-82
83-42 4-07-83
83-75 7-07-83
85-47 6-20-85
86-18 2-20-86
86-30 5-01-86
88-61 12-01-88
89-21 4-20-89
92-79 12-17-92
93-04 1-07-93
93-44 7-01-93
93-45 7-01-93
93-75 12-02-93
94-8 1-03-94
94-16 1-31-94
94-31 4-21-94
94-67 8-15-94
94-74 9-15-94
95-16 2-02-95
95-35 3-16-95
95-77 10-05-95
96-11 1-18-96
96-68 10-17-96
01-43 12-13-01
06-21 03-16-06
07-32 10-17-07
10-11
10-21
03-18-10
08-05-10
Attachment number 2 \nPage 7 of 7
Item # 9
Work Session
Council Chambers - City Hall
Meeting Date:7/30/2012
SUBJECT / RECOMMENDATION:
Request for authority to institute a civil action on behalf of the City against Suncoast Development of Pinellas County, Inc., to recover
$1,658.99 for damages to City property. (consent)
SUMMARY:
On October 20, 2009, employees of Suncoast Development of Pinellas County, Inc., while using a backhoe, punctured a
City gas line at the intersection of Flamingo and Fairfold Drives, New Port Richey, Florida. Repairs to the gas line totaled
$1,658.99.
Several letters sent to Suncoast Development of Pinellas County, Inc., have received no acknowledgment.
The costs relative to each of these actions will include a $300.00 filing fee and fees for service of process of
approximately $65.00.
Type:Operating Expenditure
Current Year Budget?:YesBudget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:$365.00Annual Operating Cost:
Not to Exceed:Total Cost:$365.00
For Fiscal Year:10/01/2011 to 09/30/2012
Appropriation CodeAmountAppropriation Comment
010-09600548000-514-
000-0000
$365.00
Bid Required?:NoBid Number:
Other Bid / Contract:Bid Exceptions:Sole
Source
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 10
Work Session
Council Chambers - City Hall
Meeting Date:7/30/2012
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8335-12 on second reading, annexing certain real property whose post office address is 1907 Calumet Street into the
corporate limits of the city and redefining the boundary lines of the city to include said addition.
SUMMARY:
Review Approval:
Cover Memo
Item # 11
Ordinance No. 8335-12
ORDINANCE NO. 8335-12
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED NORTH OF THE SEABOARD COASTLINE
RAILROAD AND FRONTING ON THE WEST SIDE OF
NORTH HERCULES AVENUE, CONSISTING OF A
PORTION OF THE NORTHWEST ¼ OF SECTION 12 AND
THE SOUTHWEST ¼ OF SECTION 1, TOWNSHIP 29
SOUTH, RANGE 15 EAST, WHOSE POST OFFICE
ADDRESS IS 1907 CALUMET STREET, INTO THE
CORPORATE LIMITS OF THE CITY, AND REDEFINING
THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID
ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the
map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
See attached legal description, Exhibit “A”
(ANX2012-05003)
The map attached as Exhibit “B” is hereby incorporated by reference.
Section 2. The provisions of this ordinance are found and determined to be
consistent with the City of Clearwater Comprehensive Plan. The City Council hereby
accepts the dedication of all easements, parks, rights-of-way and other dedications to the
public, which have heretofore been made by plat, deed or user within the annexed
property. The City Engineer, the City Clerk and the Planning Director are directed to
include and show the property described herein upon the official maps and records of the
City.
Section 3. This ordinance shall take effect immediately upon adoption. The City
Clerk shall file certified copies of this ordinance, including the map attached hereto, with
the Clerk of the Circuit Court and with the County Administrator of Pinellas County,
Florida, within 7 days after adoption, and shall file a certified copy with the Florida
Department of State within 30 days after adoption.
Attachment number 1 \nPage 1 of 2
Item # 11
Ordinance No. 8335-12
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
________________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
___________________________ ____________________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 11
EXHIBIT “A”
Legal Description for Property located generally at 1907 Calumet Street.
Parcel I.D. No. 12/29/15/00000/210/0100
As a point of reference commence at the Northeast corner of the Northwest ¼ of Section 12, Township
29 South, Range 15 East, Pinellas County, Florida and proceed N 89°22’21” W, along the North
boundary of said Northwest ¼, a distance of 50.01 feet to the POINT OF BEGINNING and a point on the
West right-of-way line of Hercules Avenue; thence S 00°17’46” W, along the said West right-of-way line,
a distance of 171.55 feet to a point on the Northerly right-of-way line of the Seaboard System Railroad;
thence N 72°55’04” W, along said Northerly right-of-way line, a distance of 355.97 feet; thence N
00°19’57” W, a distance of 157.67 feet; thence S 54°36’43” E, a distance of 158.35 feet; thence N
89°43’35” E, a distance of 212.97 feet to the POINT OF BEGINNING. Said parcel contains 46,327 square
feet or 1.06 acres more or less.
Attachment number 2 \nPage 1 of 1
Item # 11
Attachment number 3 \nPage 1 of 1
Item # 11
Work Session
Council Chambers - City Hall
Meeting Date:7/30/2012
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8336-12 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to
designate the land use for certain real property whose post office address is 1907 Calumet Street, upon annexation into the City of
Clearwater, as Industrial General (IG) and Industrial Limited (IL).
SUMMARY:
Review Approval:
Cover Memo
Item # 12
Ordinance No. 8336-12
ORDINANCE NO. 8336-12
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED NORTH
OF THE SEABOARD COASTLINE RAILROAD AND FRONTING
ON THE WEST SIDE OF NORTH HERCULES AVENUE
CONSISTING OF A PORTION OF THE NORTHWEST ¼ OF
SECTION 12 AND THE SOUTHWEST ¼ OF SECTION 1,
TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST
OFFICE ADDRESS IS 1907 CALUMET STREET, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
INDUSTRIAL GENERAL (IG) AND INDUSTRIAL LIMITED (IL);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive plan
of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is
consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described property,
upon annexation into the City of Clearwater, as follows:
Property Land Use Category
See attached legal description, Exhibit “A” Industrial General (IG) &
(ANX2012-05003) Industrial Limited (IL)
The map attached as Exhibit “B” is hereby incorporated by reference.
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City’s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 8335-12.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
__________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
__________________________ __________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 1 of 1
Item # 12
EXHIBIT “A”
Legal Description for Property located generally at 1907 Calumet Street.
Parcel I.D. No. 12/29/15/00000/210/0100
As a point of reference commence at the Northeast corner of the Northwest ¼ of Section 12, Township
29 South, Range 15 East, Pinellas County, Florida and proceed N 89°22’21” W, along the North
boundary of said Northwest ¼, a distance of 50.01 feet to the POINT OF BEGINNING and a point on the
West right-of-way line of Hercules Avenue; thence S 00°17’46” W, along the said West right-of-way line,
a distance of 171.55 feet to a point on the Northerly right-of-way line of the Seaboard System Railroad;
thence N 72°55’04” W, along said Northerly right-of-way line, a distance of 355.97 feet; thence N
00°19’57” W, a distance of 157.67 feet; thence S 54°36’43” E, a distance of 158.35 feet; thence N
89°43’35” E, a distance of 212.97 feet to the POINT OF BEGINNING. Said parcel contains 46,327 square
feet or 1.06 acres more or less.
Attachment number 2 \nPage 1 of 1
Item # 12
Attachment number 3 \nPage 1 of 1
Item # 12
Work Session
Council Chambers - City Hall
Meeting Date:7/30/2012
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8337-12 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office
address is 1907 Calumet Street, upon annexation into the City of Clearwater, as Industrial, Research and Technology (IRT).
SUMMARY:
Review Approval:
Cover Memo
Item # 13
Ordinance No. 8337-12
ORDINANCE NO. 8337-12
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED
NORTH OF THE SEABOARD COASTLINE RAILROAD AND
FRONTING ON THE WEST SIDE OF NORTH HERCULES
AVENUE, CONSISTING OF A PORTION OF THE
NORTHWEST ¼ OF SECTION 12 AND THE SOUTHWEST
¼ OF SECTION 1, TOWNSHIP 29 SOUTH, RANGE 15
EAST, WHOSE POST OFFICE ADDRESS IS 1907
CALUMET STREET, UPON ANNEXATION INTO THE CITY
OF CLEARWATER, AS INDUSTRIAL, RESEARCH AND
TECHNOLOGY (IRT); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property Zoning District
See attached legal description, Exhibit “A” Industrial, Research and
(ANX2012-05003) Technology (IRT)
The map attached as Exhibit “B” is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8335-12.
PASSED ON FIRST READING ___________________________
PASSED ON SECOND AND FINAL ___________________________
READING AND ADOPTED
_______________________________
George N. Cretekos
Mayor
Attachment number 1 \nPage 1 of 2
Item # 13
Ordinance No. 8337-12
Approved as to form: Attest:
__________________________ ______________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 13
Attachment number 2 \nPage 1 of 1
Item # 13
Attachment number 3 \nPage 1 of 1
Item # 13
Work Session
Council Chambers - City Hall
Meeting Date:7/30/2012
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8345-12 on second reading, relating to soliciting the occupants of motor vehicles, renumbering Section 28.041 to
Section 21.19, Code of Ordinances, to include street-solicitation violations among those violations that are punishable by a fine of up to
$500.00, imprisonment for not more than 60 days, or both.
SUMMARY:
Review Approval:
Cover Memo
Item # 14
Ordinance No. 8345-12
ORDINANCE NO. 8345-12
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO SOLICITING THE OCCUPANTS OF MOTOR
VEHICLES BEING OPERATED IN THE TRAVEL LANE OF
PUBLICLY-OWNED STREETS WHILE THE MOTOR VEHICLE IS
STOPPED AT A TRAFFIC CONTROL SIGNAL OR AN
INTERSECTION OR BEING OPERATED IN THE TRAVEL LANE
OF PUBLICLY OWNED PARKING GARAGES AND PARKING
LOTS; RENUMBERING SECTION 28.041, CLEARWATER CODE
OF ORDINANCES, TO SECTION 21.19, TO INCLUDE STREET-
SOLICITATION VIOLATIONS AMONG THOSE VIOLATIONS
THAT ARE PUNISHABLE BY A FINE OF UP TO $500.00, A
TERM OF IMPRISONMENT NOT EXCEEDING 60 DAYS, OR BY
BOTH A FINE AND IMPRISONMENT, AS MAY BE IMPOSED BY
THE COUNTY COURT; AMENDING SUBSECTIONS (1), (2) AND
(4) TO CLARIFY THE CONDUCT BEING PROHIBITED, THE
DEFINITION OF “APPROACH,” AND THE CITY-CLERK-
CONTACT INFORMATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Department of Highway Safety and Motor Vehicles of the State of
Florida, as of June 1, 2012, has provided 873,436 currently valid decals for motor vehicles
in Pinellas County; and
WHEREAS, Pinellas County is the most densely populated county in the State of
Florida; and
WHEREAS, the Tampa Bay area has the second highest incident of pedestrian
fatalities in the State of Florida, and City of Clearwater has the third highest among local
governments with the Tampa Bay area; and
WHEREAS, the orderly flow of motorized traffic is a major concern in congested
urban areas, particularly because an obstruction or delay in traffic at one point along a
traffic artery results in delays and backups far down the roadway; and
WHEREAS, a public safety hazard has been identified with persons approaching
motor vehicles to immediately solicit contributions of money or property from the
occupants of motor vehicles being operated in the travel lane of publicly owned streets in
the City of Clearwater while the motor vehicle is stopped at a traffic control signal or at
an intersection or being operated in the travel lane of publicly owned parking garages
and parking lots; and
WHEREAS, unlike the oral advocacy of ideas, or even the distribution of free
literature, successful solicitations from drivers distracts them from their primary duty to
watch the traffic and potential hazards in the road, observe all traffic control signals or
Attachment number 1 \nPage 1 of 6
Item # 14
Ordinance No. 8345-12 2
warnings, and prepare to move through the intersection, parking garage, or parking lot
because the individual is required to respond to the solicitor by, for example, searching
for currency, passing it along to the solicitor, securing any change returned, replacing a
wallet or closing a purse, and then returning proper attention to the full responsibilities of
operating a motor vehicle; and
WHEREAS, there are numerous and diverse methods of soliciting available in
the City of Clearwater that provide ample alternatives for solicitation, including soliciting
pedestrians on the sidewalk, canvassing door-to-door, telephoning or emailing
individuals, or direct mailing; and
WHEREAS, the Ordinance is narrowly aimed at the disruptive nature of
immediately soliciting money or property from the occupants of motor vehicles being
operated in the travel lane of publicly owned streets while the motor vehicle is stopped
at a traffic control signal or at an intersection or being operated in the travel lane of
publicly owned parking garages and parking lots and is not intended to restrict the
communication of ideas, including the distribution of free literature to occupants of motor
vehicles or even the solicitation of the occupants of motor vehicles that are lawfully
parked; and
WHEREAS, failure to restrict the immediate solicitation of money or property
from the occupants of motor vehicles being operated in the travel lane of publicly owned
streets while the motor vehicle is stopped at a traffic control signal or at an intersection
or being operated in the travel lane of publicly owned parking garages and parking lots
will endanger the health, safety, and general welfare of the public by permitting unsafe
pedestrian movement within travel lanes, sudden stoppage or slowdown of traffic, rapid
lane changing, turns, and other dangerous traffic movement, increased vehicular
accidents, and motorist injuries and fatalities; and
WHEREAS, Clearwater police officers will frequently observe the same
individuals repeatedly soliciting after having been issued a civil citation for unlawful
soliciting; and
WHEREAS, by moving Section 28.041, Clearwater Code of Ordinances, to
Chapter 21 of the Code, the City Council will include unlawful street solicitations among
those violations punishable by up to 60 days imprisonment and thus provide Clearwater
police officers with the discretion to arrest unlawful street solicitors; and
WHEREAS, although the City Council has a substantial governmental interest in
enhancing traffic safety and ensuring the free flow of traffic, the City Council also seeks
not to sweep too broadly in its prohibitions so as not to burden more speech than is
necessary to promote its governmental interest; and
WHEREAS, the City Council has determined that a balance can be
reached between its governmental interest in enhancing traffic safety and
ensuring the free flow of traffic and a solicitor’s First Amendment right to solicit
Attachment number 1 \nPage 2 of 6
Item # 14
Ordinance No. 8345-12 3
by authorizing street solicitations when the solicitors comply with the conditions
set forth below; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 28.041, Clearwater Code of Ordinances, is
renumbered to Section 21.19; and subsections (1), (2), and (4) are amended
as follows:
Sec. 21.19 Sec. 28.041. - Soliciting, collecting, etc., upon publicly
owned streets, parking garages, and parking lots.
(1) No person shall approach a motor vehicle being operated in the travel lane of
on a publicly owned street open for vehicular traffic while the motor vehicle is
stopped at a traffic control signal or at an intersection or being operated in the
travel lane of a publicly owned parking garage or parking lot for any of the
following purposes:
(a) Soliciting or attempting to solicit the immediate donations of money or
of property of any kind for charitable, religious, educational,
benevolent or any other purposes from any occupant of the motor
vehicle;
(b) Collecting or attempting to collect the immediate donations of money
or of property of any kind for charitable, religious, educational,
benevolent or any other purposes from any occupant of the motor
vehicle;
(c) Soliciting or attempting to solicit employment or the purchase of
property or of services of any nature whatsoever from any occupant of the
motor vehicle;
(c)(d)Selling or attempting to sell property or services of any nature
whatsoever immediately to any occupant of the motor vehicle.
(2) For the purposes of this section:
Public street means those publicly-owned streets upon which the public
has the right to travel by use of a motor vehicle, including the travel lane of city-
owned garages and parking lots.
Approach means to make advances towards so as to accomplish the
desired result.
Attachment number 1 \nPage 3 of 6
Item # 14
Ordinance No. 8345-12 4
(3) A person, an organization or person acting on behalf of the organization shall
be exempt from subsection (1) under the following conditions:
(a) The person, organization or person acting on behalf of the
organization must provide the following to the chief of police, who shall
approve the request within five business days from the date that all of
the following information is provided:
1. No fewer than 14 calendar days prior to the proposed
solicitation, the name and address of the person or organization
that will perform the solicitation and the name and address of
the person or organization that will receive funds from the
solicitation.
2. Specific details of the location or locations of the proposed
solicitation and the hours during which the solicitation activities
will occur.
3. Proof of commercial general liability insurance against claims for
bodily injury and property damage occurring on streets, roads,
or rights-of-way or arising from the solicitor's activities or use of
the streets, roads, or rights-of-way by the solicitor or the
solicitor's agents, contractors, or employees. The insurance
shall have a limit of not less than $1,000,000.00 per occurrence
for the general aggregate. The certificate of insurance shall
name the City of Clearwater as an additional insured and shall
be filed with the office of the chief of police no fewer than 14
days prior to the date of the solicitation.
4. The requirements of insurance contained in subparagraph (a)3.
shall be waived where the applicant presents evidence of
financial disability or inability to obtain an insurance company
that will provide the insurance. Financial disability shall mean
lack of present funds with which to pay the premium associated
with the policy of insurance described in this section.
(b) Organizations or persons meeting the requirements of subparagraphs
(a)1.-4. may solicit for a period not to exceed ten cumulative days
within one calendar year.
Attachment number 1 \nPage 4 of 6
Item # 14
Ordinance No. 8345-12 5
(c) All solicitations shall occur during daylight hours only.
(d) Solicitation activities shall not interfere with the safe and efficient
movement of traffic and shall not cause danger to the participants or
the public.
(e) No person engaging in solicitation activities shall persist after
solicitation has been denied, act in a demanding or harassing manner,
or use any sound or voice-amplifying apparatus or device.
(f) All persons participating in the solicitation shall be at least 18 years of
age.
(g) Signage providing notice of the solicitation shall be posted at least 500
feet before the site of the solicitation.
(4) Any applicant who has been denied an exemption by the chief of police shall
have the right of appeal to the city manager. The applicant shall file with the
city clerk a written request for a hearing, which should include the grounds for
such appeal and the complete name, address, and telephone number of the
applicant. Upon the filing of a written request for a hearing, the city clerk shall
notify the city manager or city manager's designee, who shall conduct a
hearing within 20 calendar days from the date of the filing of the request. At
least ten calendar days prior to the hearing, the city clerk shall send the
applicant notice of the date and place of the hearing by regular U.S. Mail to
any address included on the written request for a hearing and shall also
attempt to contact the applicant at any telephone number included on the
written request for a hearing to inform the applicant of the date and place of
the hearing. If the applicant did not include an address or a telephone number
on the written request for a hearing or if the applicant wants to know the
status of the appeal, the applicant can obtain information about the date and
place of the hearing by contacting the city clerk at (727) 562-40931 or in
person at 112 South Osceola Avenue, 2nd floor, Clearwater, Florida. At the
hearing, the applicant shall have an opportunity to present evidence, to cross-
examine witnesses, and to be represented by counsel. The city shall have the
burden of proof by clear and convincing evidence and the decision of the city
manager or city manager's designee shall be based solely on the evidence
presented at the hearing. The city manager or designee shall file a written
decision with the city clerk's office within five calendar days from the date of
the hearing. The written decision shall contain the findings of fact upon which
the decision was based and the legal basis for the decision. The city clerk
shall send the applicant a copy of the decision by regular U.S. Mail to any
address included on the written request for a hearing and shall also attempt to
contact the applicant at any telephone number included on the written request
for a hearing to inform the applicant that the decision has been filed. If the
Attachment number 1 \nPage 5 of 6
Item # 14
Ordinance No. 8345-12 6
applicant did not include an address or telephone number on the written
request for a hearing or if the applicant wants to know the status of the
appeal, the applicant can obtain information about whether a decision was
filed, as well as a copy of the decision, by contacting the city clerk at (727)
562-40931 or in person at 112 South Osceola Avenue, 2nd floor, Clearwater,
Florida. The decision by the city manager or city manager's designee shall be
final and conclusive, subject to judicial review by common-law certiorari in the
Circuit Court for Pinellas County.
(5) If any provision of this section is declared invalid for any reason, such
invalidity shall not affect any of the remaining provisions of this section.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
__________________________ ____________________________
Robert J. Surette Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 6 of 6
Item # 14
Work Session
Council Chambers - City Hall
Meeting Date:7/30/2012
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8347-12 as amended on second reading, prohibiting sitting or lying on the publicly owned right-of-ways, sidewalks,
piers, docks, boardwalks, and entryways to publicly owned buildings in the downtown, gateway, and beach tourist areas.
SUMMARY:
Review Approval:
Cover Memo
Item # 15
1 Ordinance No. 8347-12
ORDINANCE NO. 8347-12
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO SITTING OR LYING DOWN
UPON THE PUBLICLY OWNED RIGHT-OF-WAYS,
SIDEWALKS, PIERS, DOCKS, BOARDWALKS, INCLUDING
PUBLIC-ACCESS BOARDWALKS, AND THE ENTRYWAYS
TO OR EXITWAYS FROM PUBLICLY OWNED BUILDINGS
LOCATED IN THE “CLEARWATER DOWNTOWN CORE
REDEVELOPMENT ZONE,” THE “GATEWAY CORRIDOR,”
AND THE “CLEARWATER BEACH CORE TOURIST ZONE”;
CREATING SECTION 21.20, CLEARWATER CODE OF
ORDINANCES; PROVIDING FOR DEFINITIONS,
PROHIBITIONS, AND EXCEPTIONS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater’s 107,000 plus residents enjoy a vibrant
economy resulting from a huge influx of 5.2 million annual tourists to Pinellas County
with Clearwater Beach alone attracting over 800,000 tourists annually in addition to the
approximate 600,000 residents in the region who annually visit the beach;
WHEREAS, the improvement of the downtown, the East Gateway District, and
Clearwater Beach has been a high priority in the City’s plan to expand the economic
base of the City by attracting new investment and patrons to the area;
WHEREAS, Clearwater Beach has an economic impact of over $1 billion and is
projected to increase its impact as redevelopment on the beach continues to occur;
WHEREAS, the downtown is also projected to attract additional tourists and
visitors as redevelopment continues;
WHEREAS, the East Gateway District is one of the designated redevelopment
areas of the City of Clearwater and it is at a transformative point to change the trajectory
of the economy and improve the quality of life for current and future residents and
businesses;
WHEREAS, the emergence of the City’s downtown, the East Gateway District,
and beachfront as quality redevelopment areas is due in no small part to the following
projects and expenditures by the City of Clearwater:
· Cleveland Street Streetscape Phases I and II - Cost: $12 Million
As the city’s traditional downtown “Main Street,” it was important that Cleveland Street
offer a pedestrian-friendly environment that attracts residential and destination
development, especially restaurant and retail activity. Infrastructure improvements have
included: new utility work, lighting, landscaping, site furnishings, amenities and medians
Attachment number 1 \nPage 1 of 11
Item # 15
2 Ordinance No. 8347-12
with opportunity for public art. The project is a central element in the City’s downtown
revitalization strategy.
· Station Square Park – Cost $1.2 million
The City/Clearwater Community Redevelopment Agency (CRA) developed a master
streetscape and wayfinding program for downtown that included the revitalization of
Station Square Park, using $490,143.47 from Penny for Pinellas and $29,476.44 from
Stormwater Utility. The remainder of the funds was budgeted in the CRA’s CIP budget
from FY06-07 and FY07-08 funds. The project was completed in 2009.
· Main Public Library - Cost: $20.2 million
Clearwater is home to one of the most spectacular and impressive public library
facilities in North America. The 90,000 square foot library is located on the downtown
waterfront and opened in the spring of 2004. In addition to distinctive architecture, the
library features a local history center, meeting rooms, rooftop terrace and galleries.
· Myrtle Avenue Reconstruction - Cost: $16.13 million
Construction was completed in 2006 on Myrtle Avenue between Lakeview and
Fairmont. Infrastructure maintenance, including an improved roadway drainage system,
installation of new water mains, hydrants, gas mains and sewer pipes, were among the
upgrades.
· Purchase of Former Economy Inn Motel on Cleveland Street and Surrounding
Parcels – Cost: $1.9 million
The CRA acquired the 2.2-acre site in December 2010. Once demolition was completed
in 2011, the site was sodded and fenced. This is a key redevelopment property for the
CRA.
· Purchase of Former Car Pro Property on Cleveland Street - Cost: $800K
The site was acquired and demolished in 2010 for $325,000. Remediation costs are
estimated to be $325,440 and they are funded through the Brownfield’s Cleanup
Revolving Loan Fund (BCRLF). In 2012, the city acquired 14 S. Evergreen St., a 6,300
square foot property adjacent to the Car Pro, for $145,000.
· Gulf to Bay Blvd. and Highland Avenue Intersection Improvements Project –
Cost: $660K
The main goals of this project are to create an inviting entryway leading to the
downtown and address the lack of pedestrian walkways in this intersection.
Improvements are projected to be approximately $375,000. The mast arm portion of
Attachment number 1 \nPage 2 of 11
Item # 15
3 Ordinance No. 8347-12
the project is projected to cost $288,163. The project is scheduled for completion in July
2012.
· Construction of Sidewalks in the East Gateway District – Cost: $224K
Constructing new sidewalks is one strategy aimed at making the East Gateway District
a safer and more pedestrian-friendly community. CRA staff coordinated with the
Engineering Department for the construction of several sidewalk projects using federal
CDBG-R dedicated funding as well as funding from the Annual Sidewalk Program.
· Downtown Boat Slips Project - Cost: $13.3 million
The project consisting of 126 boat slips with related amenities was completed in 2010.
There is side tie dock space for long or short-term rentals, and additional spaces for
events and shuttle-ferry operations. Total costs included: Bayfront Promenade $1.32M;
Upland Connection (seawall cap, sidewalks, landscaping, property upgrades and ADA
improvements) $940K; and Boat Slips $11.13M.
· Mandalay Streetscape Improvements - Cost: $3.4 million
This major streetscape improvement project along the primary North Beach arterial was
completed in February 2003.
· Beach Walk - Cost: $30 million
This was a project along Clearwater’s prized waterfront that was completed in 2008.
Beach Walk is designed to revitalize the community that surrounds Clearwater's popular
south beach destination. Part of the city's "Beach by Design" plan, it has already played
a vital role in attracting new hotel development to the beach;
WHEREAS, the City’s downtown has attracted the following private investment:
· National chain franchises, such as Starbuck’s Coffee and Dunkin Donuts/Baskin
Robbins, as well as several independent stores/operations, such as Caliyogurt,
Eye Shop Optical Boutique, Casanova Italian Restaurant and Lounge, Bob and
Daughter Produce, Anytime Fitness, and Clearwater Marine Aquarium’s Winter’s
Dolphin Tale Adventure.
· Capitol Theatre Acquisition - In 2008, the City of Clearwater acquired the Capitol
Theatre for $2.4M as a public service performing arts center and joined forces
with Ruth Eckerd Hall, Inc., a Florida non-profit corporation, to occupy, renovate,
and revitalize the historic theatre. The total project cost estimate is $14.2M.
· Water's Edge Condominiums – Water’s Edge has 157 luxury condominium units
and 10,000 square feet of retail space. The project was completed in 2008.
Attachment number 1 \nPage 3 of 11
Item # 15
4 Ordinance No. 8347-12
· Station Square Residences - The project is a 15-story building with 126
residential condominium units, and 10,000 square feet of ground floor retail
including a major restaurant space. In addition, there are 100 public parking
spaces within a structured garage. The project was completed in 2008.
· Marriott Residence Inn - 7-story, 115-room select service hotel in downtown
Clearwater opened in 2008.
· Tampa Bay Times Building - In 2012, the city purchased this downtown
Clearwater property for the sum of $2.2M. The property presented an opportunity
for the city to acquire a strategically-located parcel considered for a number of
years as well suited for transit and/or governmental uses.
WHEREAS, examples of some of the private investment in the East Gateway
District include the following:
· Several independent shops/stores, such as Greektown Grille (over $1.6 million),
Ultimate Medical Academy ($1.21 million), and Achieva Credit Union (over
$300,000).
· East Gateway Façade and Improvement Lot Program - The program’s primary
goal is to stimulate further investment in the District by transforming the look and
feel of commercial corridors. Three projects have been completed, with over
$800,000 of private investment: 1390 Gulf to Bay (former La Fería de la Nieve),
1454 Gulf to Bay (former Kyle’s Clock Shop), 1225 Cleveland Street (Nature’s
Food Patch).
WHEREAS, the City’s beachfront has recently attracted the following private
investment:
· Aqualea Resort & Residences - 250 hotel/resort units; 18 permanent residential
condominiums. Hyatt manages the hotel portion. Construction is valued at $77
million.
· Holiday Inn Hotel & Suites – 189 renovated hotel rooms and suites.
· Hilton Clearwater Beach – 416 renovated hotel rooms.
· Kiran Grand Resort & Spa - Proposed project consisting of 350 hotel units and
75 permanent residences (also known as the Patel project).
· Sandpearl Resort - 253-room resort, 50 resort suites and 117 condominium
homes (on the former site of the Clearwater Beach Hotel) opened in August
2007. Construction is valued at $48.5 million.
· Surf Style Parking Garage – Construction valued at $10.7 million. Project was
completed in 2011.
Attachment number 1 \nPage 4 of 11
Item # 15
5 Ordinance No. 8347-12
· Pier 60 Hotel – 85 hotels units. Construction is valued at $8 million. Project was
completed in 2012.
· Wyndham Garden Clearwater Beach Hotel – 110 units. Construction is valued at
$1.6 million. Project was completed in 2012.
WHEREAS, the City of Clearwater also spends annually around $602,000 on
special events, with $453,000 allocated to downtown events (including funding from the
Downtown Development Board), $5,000 allocated to the East Gateway District, and
$144,000 allocated to Beach events;
WHEREAS, the right-of-way, including the sidewalk, located between the edge of
the pavement of a roadway and the adjacent property line of privately and publicly
owned properties located in the “Clearwater Downtown Core Redevelopment Zone,” the
“Gateway Corridor,” the “Clearwater Beach Core Tourist Zone,” as well as the publicly
owned piers, docks, and boardwalks, including public-access boardwalks, and the
entryways to and exitways from publicly owned buildings located within those areas, are
created and maintained for the primary purposes of enabling the public to safely and
efficiently move about from place to place, thus facilitating deliveries of goods and
services, and providing the public with convenient access to goods and services; and
WHEREAS, the right-of-way, including the sidewalk, located between the edge of
the pavement of a roadway and the adjacent property line of privately and publicly
owned properties located in the “Clearwater Downtown Core Redevelopment Zone,” the
“Gateway Corridor,” and the “Clearwater Beach Core Tourist Zone,” as well as the
publicly owned piers, docks, and boardwalks, including public-access boardwalks, and
the entryways to and exitways from publicly owned buildings located within those areas,
are prone to congestion and should be kept available to serve their primary purposes;
and
WHEREAS, evidence from other cities such as Phoenix, Arizona in Seeley v.
State of Arizona, 655 P. 2d 803, 807 (Ariz. Ct. App. 1982), and Seattle, Washington, in
Roulette v. City of Seattle, 97 F. 3d 300, 306 (9th Cir. 1996) and City of Seattle v.
McConahy, 937 P. 2d 1133, 1138-39 (Wash. Ct. App. 1997), shows that sitting or lying
upon the public right-of-ways threatens public safety and interferes with the primary
purpose of enabling the public to safely and efficiently move about from place to place,
thus deterring members of the public from frequenting a business district and
undermining the essential economic viability of those areas – all of which can lead to a
spiral of deterioration and blight; and
WHEREAS, there exist numerous locations within or in close proximity to the
“Clearwater Downtown Core Redevelopment Zone,” the “Gateway Corridor,” and the
“Clearwater Beach Core Tourist Zone” where individuals can sit or lie down, including
public benches, public parks, and public beaches; now, therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Attachment number 1 \nPage 5 of 11
Item # 15
6 Ordinance No. 8347-12
Section 1. Section 21.20, Clearwater Code of Ordinances, is hereby created as follows:
Sec. 21.20. Sitting or lying down upon the publicly owned right-of-ways,
sidewalks, piers, docks, boardwalks, including public-access boardwalks, and the
entryways to or exitways from publicly owned buildings located in the Clearwater
Downtown Core Redevelopment Zone, the Gateway Corridor, and the Clearwater
Beach Core Tourist Zone; exceptions.
(1) Definitions.
(a) Clearwater Downtown Core Redevelopment Zone means any of the following
areas, which generally are shown on Diagram 1: The area bounded on the east by
Myrtle Avenue, on the west by the waters of Clearwater Harbor, on the north by Drew
Street westward until it terminates at Clearwater Harbor, and on the south by Pierce
Street westward until it terminates at the beginning of the Memorial Causeway Bridge,
excluding Coachman Park, Station Square Park, Memorial Parks I & 2, and the Bayfront
Tennis Complex.
Add the following graphic.
Attachment number 1 \nPage 6 of 11
Item # 15
7 Ordinance No. 8347-12
(b) Gateway Corridor means the east to west route to the downtown of the City,
which generally is shown on Diagram 2, beginning at Gulf to Bay Boulevard and
Highland Avenue and extending west on Gulf to Bay Boulevard to Cleveland Street and
then from Cleveland Street to Myrtle Avenue.
Add the following graphic.
Attachment number 1 \nPage 7 of 11
Item # 15
8 Ordinance No. 8347-12
(c) Clearwater Beach Core Tourist Zone means any of the following areas, which
generally are shown on Diagram 3: The area bounded on the north by Avalon Street; on
the west by the sandy beach abutting the Gulf of Mexico; on the south by the waters of
Clearwater Pass; and on the east beginning at Gulf Boulevard on the northern end of
the Sand Key Bridge until Gulf Boulevard intersects with South Gulfview Boulevard,
then northerly along South Gulfview Boulevard to the intersection of Hamden Drive,
then northerly along Hamden Drive until the intersection of Coronado Drive, then
northerly along Coronado Drive to and including the Clearwater Marina and Causeway
Boulevard, then northerly along the seawall boarding Clearwater Harbor to the
intersection of Baymont Street, then westerly along Baymont Street until the intersection
of Mandalay Avenue, and then northerly along Mandalay Avenue to the intersection of
Avalon Street, excluding Pier 60 Park and Mandalay Park.
Add the following graphic.
Attachment number 1 \nPage 8 of 11
Item # 15
9 Ordinance No. 8347-12
Attachment number 1 \nPage 9 of 11
Item # 15
10 Ordinance No. 8347-12
(2) No person shall sit or lie down upon the right-of-way, including the sidewalk,
located between the curbline or the edge of the pavement of a roadway and the
adjacent property line of privately or publicly owned properties, upon publicly owned
piers, boardwalks, and docks, or upon any public-access boardwalk within the
Clearwater Downtown Core Redevelopment Zone, the Gateway Corridor, and the
Clearwater Beach Core Tourist Zone, or upon a blanket, sleeping bag, chair, stool, or
any other object not permanently affixed upon such areas, between the hours of 7:00
a.m. and 10:00 p.m.
(3) No person shall sit or lie down upon the entryways to or exitways from a publicly
owned building within the Clearwater Downtown Core Redevelopment Zone, the
Gateway Corridor, and the Clearwater Beach Core Tourist Zone when the building is
opened to the general public.
(4) The prohibitions contained in this section shall not apply to any person:
(a) Sitting or lying down in a park or public beach as defined in Section 22.21;
(b) Sitting or lying down due to a medical emergency;
(c) Utilizing an object supplied by the City or other public agency in the manner it
was intended, such as sitting on a chair or bench;
(d) Sitting or lying down in or on a wheelchair, a baby carriage, or any other object or
vehicle in order to move about;
(e) Participating in or viewing any activity, such as a parade, festival, performance,
rally, demonstration, meeting, or other event, pursuant to any permit or license issued
by the City;
(f) Sitting down while patronizing a sidewalk café; or
(g) Sitting or lying down when it is an integral part of a protest accompanied by
incidents of speech such as signs or literature explaining the protest.
(5) Nothing in the exceptions enumerated in subsection (4) of this section shall be
construed to authorize any conduct that is otherwise prohibited by statutes or local
ordinances.
(6) No person shall be charged under this section for the first violation unless the
Attachment number 1 \nPage 10 of 11
Item # 15
11 Ordinance No. 8347-12
person continues to engage in conduct prohibited by this section after having been:
(a) Notified by a law enforcement officer that the conduct violates this section; and
(b) Provided an opportunity to relocate to an area where sitting or lying down would
be lawful.
(7) It shall be a violation of this section for any person who has previously violated
this section and has received notification pursuant to subsection (6) of this section to
commit a second or subsequent violation within the same area listed in subsection (1) of
this section as the first violation.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
______________________
George N. Cretekos
Mayor
Approved as to form: Attest:
__________________________ ____________________________
Robert J. Surette Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 11 of 11
Item # 15
MOTION TO AMEND ORDINANCE 8347-12 ON SECOND READING
On page 8, amend the ordinance as follows:
The map in Section 21.20(1)(b) is amended to correctly identify Crest Lake Park
on the far right hand side of the graphic.
Pamela K. Akin
City Attorney
August 2, 2012
Attachment number 2 \nPage 1 of 1
Item # 15
Work Session
Council Chambers - City Hall
Meeting Date:7/30/2012
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8348-12 on second reading, creating Section 21.21, Code of Ordinances, prohibiting lodging out-of–doors.
SUMMARY:
Review Approval:
Cover Memo
Item # 16
Ordinance No. 8348-12
ORDINANCE NO. 8348-12
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO LODGING OUT-OF-DOORS; CREATING
SECTION 21.21, CLEARWATER CODE OF ORDINANCES;
PROVIDING DEFINITIONS AND PROHIBITIONS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Clearwater City Council finds that individuals who are lodging
out-of-doors on publicly owned property for the purpose of establishing a temporary or
permanent place of lodging or residence adversely affect aesthetics, sanitation, public
health, and safety; and
WHEREAS, the unauthorized use of publicly owned property for lodging out-of-
doors when the property in question is neither intended nor designed as a camp site,
campground, or site for temporary human habitation tends to impair, obstruct, and
otherwise detract from the use of the property for its intended purpose; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Section 21.21, Clearwater Code of Ordinances, is hereby created as
follows:
Sec. 21.21. - Unlawful lodging out-of-doors prohibited.
(1) The following words and phrases, when used in this section, shall have
the following meanings:
(a) Lodging out-of-doors means using publicly owned property for living
accommodation purposes by the erection, use or occupation of any
tent, hut, lean-to, shack, temporary shelter, or the like, for sleeping
purposes or the laying down of bedding, such as a blanket, sleeping
bag, bed roll, newspapers, cardboard, or similar material for the
purpose of sleeping.
(b) Living accommodation purposes means to use publicly owned property
as a temporary or permanent place of lodging or residence.
(2) It shall be unlawful for any person to use publicly owned property in the
City for the purpose of lodging out-of-doors.
Attachment number 1 \nPage 1 of 4
Item # 16
2 Ordinance No. 8348-12
(3) A law enforcement officer should also consider one (1) or more of the
following before determining if probable cause exists that a person is using the
real property for living accommodation purposes:
(a)Numerous items of personal belongings are present;
(b)The person is engaged in cooking activities;
(c)The person has built or is maintaining a fire;
(d)The person has engaged in digging or earth breaking activities;
(e)The person is asleep and when awakened states that he or she has no
other place to live.
(4) No person shall be charged under this section unless the person
continues to engage in conduct prohibited by this section after having been:
(a) Notified by a law enforcement officer that the conduct violates this
section; and
(b) Provided an opportunity to relocate to an existing and available public
or private shelter space open to an individual or a family unit experiencing
homelessness at no charge if the person has no legally permanent or temporary
residence.
(5) It shall be a violation of this section for any person who having
previously violated subsection (2) and having received notification and been
provided the opportunity to relocate to public or private shelter space pursuant to
subsection (4) of this section to commit a second violation.
(6) A law enforcement officer observing a violation of subsection (5) of
this section shall not charge a person with a violation of this section if the person
has no legally permanent or temporary residence, if the person is willing to
relocate to an existing and available public or private shelter space open to an
individual or a family unit experiencing homelessness at no charge, and if the
person agrees to travel and begins to travel immediately by police transport or
police escort until reaching such shelter space.
(7) Whenever a law enforcement officer affords a person an opportunity
to travel to a public or private shelter, the law enforcement officer shall advise the
person that all of his or her personal property not taken to the shelter, except that
which is of no apparent utility or that is in an unsanitary condition, shall be
Attachment number 1 \nPage 2 of 4
Item # 16
3 Ordinance No. 8348-12
inventoried and stored by the city police department for a maximum of sixty (60)
days, until reclaimed. If the person elects to travel to a public or private shelter,
the law enforcement officer shall make available such transportation as may be
available for such purpose.
(8) Any personal property that was inventoried and stored by the city
police department for a person traveling to a shelter under the provisions of this
section and that has not been reclaimed within sixty (60) days of the date the
personal property was inventoried and stored shall be deemed abandoned and
disposed of according to F.S. ch. 705.
(9) Any person who after being afforded the opportunity in subsection (6)
commits a third or subsequent violation of subsection (2) when shelter was
presently available shall be subject to arrest. If the officer is not aware of
presently available shelter space in Pinellas County, the person shall not be
charged with a violation of this section.
(10) The prohibitions contained in this section shall not apply to any
person:
(a) Who is located on park property during the hours that the property is
opened to the public;
(b) Who is using a camping area approved by the City’s Parks and
Recreation Department; or
(c) Who, between the hours of 6:00 a.m. to 11:00 p.m, is using the public
beaches or parks that are opened to the public 24 hours per day.
(11) Nothing in the exceptions enumerated in subsection (10) of this
section shall be construed to authorize any conduct that is otherwise prohibited
by statutes or local ordinances.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
Attachment number 1 \nPage 3 of 4
Item # 16
4 Ordinance No. 8348-12
______________________
George N. Cretekos
Mayor
Approved as to form: Attest:
__________________________ ____________________________
Robert J. Surette Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 4 of 4
Item # 16
Work Session
Council Chambers - City Hall
Meeting Date:7/30/2012
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8350-12 on second reading, vacating a portion of a 2-foot Drainage and Utility Easement lying on a parcel of land
lying in Section 2, Township 29 South, Range 15 East, Pinellas County, Florida, and being a portion of Lot 9, Brentwood Estates, as
recorded in Plat Book 59, Page 28 of the Public Records oaf Pinellas County.
SUMMARY:
Review Approval:
Cover Memo
Item # 17
Ordinance No.8350 -12
ORDINANCE NO. 8350-12
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING A PORTION OF A 20-FOOT
DRAINAGE AND UTILITY EASEMENT LYING ON A
PARCEL OF LAND LYING IN SECTION 2, TOWNSHIP 29
SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA,
AND BEING A PORTION OF LOT 9, BRENTWOOD
ESTATES, AS RECORDED IN PLAT BOOK 59, PAGE 28
OF THE PUBLIC RECORDS OF SAID PINELLAS
COUNTY, FLORIDA, SUBJECT TO CONDITIONS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Cay 1475, LLC, owner of real property located in the City of
Clearwater, has requested that the City vacate the drainage and utility easement depicted
in Exhibit A attached hereto; and,
WHEREAS, the City Council finds that said easement is not necessary for
municipal use and it is deemed to be in the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
A parcel of land lying Section 2, Township 29 South, Range 15 East, Pinellas County
Florida, and being a portion of Lot 9, Brentwood Estates, as recorded in Plat book 59,
Page 28 of the public records of said Pinellas County, Florida, said parcel being more
particularly described as follows:
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF SAID SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST,
THENCE ALONG THE EAST LINE OF SAID NORTHWEST 1/4 OF THE
SOUTHWEST 1/4, S 00°07'42" E, 50.00 FEET; THENCE PARALLEL TO THE EAST-
WEST CENTER LINE OF SAID SECTION 2, N 89°29'42" W, 50.00 FEET TO A POINT
ON THE WEST RIGHT OF WAY LINE OF HIGHLAND AVENUE; THENCE ALONG
SAID WEST RIGHT OF WAY LINE, S 00°10'33" E, 250.00 FEET; THENCE
DEPARTING SAID WEST RIGHT OF WAY LINE, N 89°29'42" W, 160.41 FEET TO A
POINT LYING 10.00 FEET EAST OF THE EAST LINE OF LOTS 8 & 9 OF SAID
BRENTWOOD ESTATES, AS RECORDED IN PLAT BOOK 59, PAGE 28 OF THE
PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG A LINE
10.00 FEET EAST OF AND PARALLEL WITH THE EAST LINE OF SAID LOTS 8 & 9
OF SAID BRENTWOOD ESTATES, N 00°08'30" E, 32.58 FEET TO THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED AREA; THENCE DEPARTING SAID LINE
LYING 10.00 FEET EAST OF THE EAST LINE OF SAID LOTS 8 & 9, N 57°04'58" W,
23.79 FEET TO A POINT LYING 10.00 FEET WEST OF THE EAST LINE OF LOT 9
OF SAID BRENTWOOD ESTATES; THENCE ALONG A LINE 10.00 FEET WEST OF
AND PARALLEL WITH THE EAST LINE OF SAID LOT 9, N 00°08'30" E, 26.67 FEET;
THENCE ALONG A LINE BEING 10.00 FEET SOUTH OF AND PARALLEL WITH THE
NORTH LINE OF SAID LOT 9, N 89°24'23" W, 41.94 FEET; THENCE DEPARTING
Attachment number 1 \nPage 1 of 2
Item # 17
Ordinance No.8350 -12
SAID LINE, N 57°04'58" W, 37.40 FEET TO A POINT BEING 10.00 FEET NORTH OF
THE NORTH LINE OF SAID LOT 9; THENCE ALONG A LINE BEING 10.00 FEET
NORTH OF AND PARALLEL WITH THE NORTH LINE OF SAID LOT 9, S 89°24'23" E,
93.39 FEET; THENCE ALONG A LINE BEING 10.00 FEET EASTERLY OF THE EAST
LINE OF LOTS 8 & 9 OF BRENTWOOD ESTATES AND ITS NORTHERLY
PROJECTION THEREOF, S 00°08'30” W, 59.39 FEET TO THE POINT OF
BEGINNING, SAID PARCEL CONTAINING 2213.9 S.F., MORE OR LESS,
is hereby vacated, and the City of Clearwater releases all of its rights in the servitude, as
described above, to the owner of the servient estate thereto subject to the following
conditions:
1. Applicant shall deed to the City of Clearwater a new 20-foot drainage and utility
easement, acceptable to the City at the City’s sole discretion; and
2. Applicant shall relocate the existing sanitary sewer line to the new easement at the
applicant’s sole cost and in accordance with the City’s specifications and
standards; and
3. The applicant shall reimburse the Clearwater Gas System for all costs incurred by
relocating the existing gas line; and
4. This vacation ordinance shall be rendered null and void if any of the preceding
conditions are not met within one (1) year of the date of adoption of this ordinance.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _________________________
PASSED ON SECOND AND FINAL
READING AND ADOPTED _________________________
______________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
______________________________ ______________________________
Camilo A. Soto Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 17
Attachment number 2 \nPage 1 of 2
Item # 17
Attachment number 2 \nPage 2 of 2
Item # 17
Work Session
Council Chambers - City Hall
Meeting Date:7/30/2012
SUBJECT / RECOMMENDATION:
City Manager Verbal Reports
SUMMARY:
Review Approval:
Cover Memo
Item # 18
Work Session
Council Chambers - City Hall
Meeting Date:7/30/2012
SUBJECT / RECOMMENDATION:
Internet Cafes - Vice Mayor Paul Gibson
SUMMARY:
Review Approval:
Cover Memo
Item # 19
Work Session
Council Chambers - City Hall
Meeting Date:7/30/2012
SUBJECT / RECOMMENDATION:
Diversity Poster Contest Winners Presentation
SUMMARY:
Review Approval:
Cover Memo
Item # 20
Work Session
Council Chambers - City Hall
Meeting Date:7/30/2012
SUBJECT / RECOMMENDATION:
Airpark Advisory Board Presentation
SUMMARY:
Review Approval:
Cover Memo
Item # 21
C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\708A97DA-8E9C-4329-995B-E7034AC1AA57\PDFConvert.17182.1.Clearwater_Airpark_Joint_Participation_Agreement_Status.doc
7/30/2012
Clearwater Airpark
Joint Participation Agreements
JPA
NUMBER
DESCRIPTION EXP DATE
JPA
DATE
DOT
FUNDS
*CITY
FUNDS
F/CITY
SPLIT
TOTAL S AVAIL
CIP #
7826658
40297918401 #1 40297918401 #2
Closed
MASTERPLAN, ALP, SURVEY
INTEGRATION
STORMWATER
05/05/02 5/5/97 3/15/00 8/8/00
10/8/01
$50,000 $30,176 $29,788
$100,000
$50,000(G) $14,500(G) -0-
50/50 55/45 63/37 77/23
$100,000 $144,676 $174,464 $274,464
94713
40299118401
DECLARED DIS 07/01/03 7/27/00 $20,745 $5,186(G) 80/
20 $25,931 94713
40300618401
40300618401 #1 40300619401#2 40300619401#3 40300619401#4 Closed
T/CORP HANGARS SPLIT ADJUST. FINAL STORM FUEL TANKS
SECURITY FENCE
CORP HANGAR INC CORP/FUEL T INC
12/30/03
12/30/04
6/21/00 10/8/01
10/29/02 1/6/03
6/19/03
$300,000 $250,000 $268,800 $300,000
$100,000 $144,000
$300,000 (L)
(-95,300) $60,000 $35,000 $36,000
50/50 65/35 80/20 80/20
80/20 80/20
$600,000 $850,000
$1,023,500 $1,383,500
$1,518,500 $1,698,500
94713
$20K
100%
40298619401Closed
OVERRUNS BERMS 02/05/04 4/5/01 8/29/01
$175,000 $280,000
$139,000 (R)
56/44 77/23
$594,000
94772
40299319401Closed
SEC IMPROVEMENTS 03/04/04 3/21/02 $70,000 0 100/0 $70,000 94818
41812419401Closed
RUNWAY REPAIRS 6/30/15 6/30/10 $100,000 $25,000(R)
80/20 $125,000 94863
41243119401 mod1
mod2 Closed
NEW FBO BUILD
MOD FOR SEWER
AND GRND WATER
2/16/07 6/30/09 6/30/12
8/11/06 7/27/07 7/8/08
$202,800 $200,000 $99,598
$50,700(L) $50,000 $75,402
80/20 80/20 57/43
$253,500 $503,500 $678,500
94838 94846 94846
41434219401 Mod 1 Mod 2
Mod 3 Closed
MULTIPLANE HGRS 6/30/11
6/30/12 6/30/16
2/19/08
10/13/09
$405,431 -0- -0-
$100,000
$101,357 (L)
$25,000(R)
80/20 $506,788
$631,788
94854
42068719401Closed
MULTIPLANE HGRS 6/30/16 $60,000 $15,000(R) 80/20 $
75,000 94854
41577019401
SEC.IMPROVEMENT 6/30/13 2/17/09 $166,799 0 100/0 $166,799 94858
42255419401
R/W Ext & Overlay and Airport Improvements
6/30/17 $1,500,000 $375,000(R/G)
80/20 $1,875,000 94871
TOTALS $4,953,137
$1,261,845 79.7/20.3 $6,214,982
Attachment number 1 \nPage 1 of 2
Item # 21
C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\708A97DA-8E9C-4329-995B-E7034AC1AA57\PDFConvert.17182.1.Clearwater_Airpark_Joint_Participation_Agreement_Status.doc
7/30/2012 * Funds source G = General Funds Budget Item, L = Loan, R = Retained earnings Items in BOLD are open
Items in red are JPA’s that have been completed Items in green are open and ongoing Highlights include the percentage split that was ch
anged in 2002. Prior to that the spilt was 50/50. We were able to change that to 80/20 (FDOT/City)
because we do not accept FAA funding. FAA funding acceptance kicks in a number of additional regulations, i.e. 24 hr operation and 250’ centerline
setback, just to name a few. We have received over $235K in security improvement funding at 100%
Since around 2000 the Airpark has seen over $6.2M i
n funding.
The next major item is the runway/taxiway improvement/extension and assuming there will some funding remaining a priority listing of several items will
be considered. These include an Automated Weather Operating System (AWOS), an aircraft tug for moving planes, an auxillary power unit for assisting
planes on start up, a portable fuel tank for Jet A and a possible expansion of the building
Attachment number 1 \nPage 2 of 2
Item # 21
Work Session
Council Chambers - City Hall
Meeting Date:7/30/2012
SUBJECT / RECOMMENDATION:
Public Art & Design Board Annual Report
SUMMARY:
Review Approval:
Cover Memo
Item # 22