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5681-94 I ORDINANCE NO. '5681.-94 r s i �. TE FLORIDA AN ORE I NA CE OF THE CI`�Y O � ,AR�A►�R, q RELAX IN('2 TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 35.114 :ODE OF ORDINANCES, TO ESTABLISH DEFINITIONS FOR '°BWCK'° AND "BLOCKFACE, " AMENDING SECTION ,42.24 TO REVISE'REQUIREMENTS FOR ST 6�CTD�AL SETBACK REQUIREMENTS; PROVIDING AN EFFECTIVE DATE. BE :IT 'ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEAR,WATER, FLORIDA: Section '1 . Section 35. 11 , 'Code of Ordinances , Js amended to read: Sec. 35.11. Defih°6tican . The f l low%g words terms and 'phrases, when used i n this dev� l o meat 9 P r P code, ' shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: it .Bed and lbreak� ast inn means a4---4 home occupation consisting oM a forrr of guest lodging Sri which bedrooms are rented and breakfast is' served. Bed and breakfast acc©mmodeations shall only be permitted in buildings principally used as private residences. The term is 4ntended to describe the offering ,,of temporary lodging in a private horse having architectural and historic I i r teres't rather than theprovi.s.idn of food service or the offering of facilities for long term occupancy,, sluch as provided for hotel/motel uses. °Block" ,means a unit of land bounded by streets or by_q Combination of streets and ppublit and rai.broad rights--of-way, waterways , or any 6ther7barrier to the continuity! of deve1o�ment. ,'Bl'ockface" means the continuous frontage along anV one side' of t4L ock�. "Blood plasma center" means' a building or premises used for the ex1raction of blood plasma from human beings for the ;purpose of sale or transfer. Section 2. `Section 42.24, Code of Ordinances , is amended to read: Sec.` 42.24. Setbalkss. Excegt for fences , walls , and signs , all structures shall 'observe the setback reguireme'nts of the applicable zoning 'district or districts as established in chapter 40 of this code unless otherwise specified in this section Setback�i for fences and wal is are specified in section 42.26. .Sets backs for signs` are spe,gifjed in chapter 44;44; (1) Setback reouirements from street right--ot-w_ ay easements shal'll be the same as setback reguirements from street rights-of-wa tt -` - "app E[ - ` '' ?L i ;ma�yy�.__� '.a.." -- tilt _4 d � e� ,p "�"'�T"���'.� „'$°„°""'��.."S'�'C�F�fi°"� •�; ..65(n 3-W.,,re Av ' a wry�a,°S�_c„Y'�nf'��_P"'�e,->Z�'.°�`nt�-�-�""���','�b �""@7” ' those i ''- S v rktl s not ( d lr; e�u �a��ly. shaded lots J .e, o�.� �E��_in ro erty 17 .� enerally °yarallel with or perpendicular to 'adioining street r chts�of a or street 1 g of- aw�,easements) shall have side and rear setback--re Uirements established b° the developm .ent code administrator � keepino wit the ` or rear setback requirements for the anlica°ble zoning districts and the orientation of the lots to ad.)o1n:'ng properties and structures w R tom, $ � 1 �- Aet 941A , £%f '' r 4- 4-64- rnIn Tmnr $ nnr 6 Lrr _w+ • j Ee�JC }_ ` F hey-ee--trr,,- --- e -e = -yep-- e -.^- '���-_by [5-,ya;/;; ? % 4 f ,y�Ia^�!_i A_._.y yl� e4.0 1ef C99T N/AO'9 1'Rn YY era!1_\,f iT___ r-_ 1 to the fTYn�S 1 ' L49'^=V AL�e t'.TL-, -ITQY-R-'rT GGTTff s L.: ( ) Double frontage lots located within a subdivision plat filled of record at the office of the clerk of the county court which have a deed of plat restriction prohijbi,ting access to the nonfrontage, i .e. , no-address, street and a' city-approved 'fence and/or, landscape plan 11 Cu6h „ � e shall be permitted' in: -ground swimming pools 'a�nd,,screened pool enclosures in proximity to the non fircntage street consistent with the rear setback requirements referenced in the atoning district assigned to: the' property 'in lieu of the otherwise applicable street right-of-way setback. ( ) Waterfront properties shall be governed by any setback requirements contained in section �E1 .131 which are more restrictive than those referenced in the zoning district 'assigned to the property. (5) Properties which are traversed by the coastal construction control line shall be governed by the setback requirements contained in section 42'I.29 ii more restrictive than those referenced in the zoning district assigned to the property. 1411 nnnr yy ' + 'nc nir^h �I-i $ r+nr elnn$i�1 �A , .. p ce r-es�a 'c Taro c-re e rc -r 1 YT h_s.,{.'�ry v+n,rr A r�Y^ct9tT�TP'�' L"Y1" "�g' '' p 1 Tn Adrae7l 7^ 4^' `C[7Q�7� vnne vnt� nor G�T�3 Gn7 �J,iT ��7CR�FS� �4 tTgy GI fie: 4 s--t the -=se care' s �- °• 'e-�- 1 { } 44--g�a+ Swimming pools and screened pool enclosures shall be governed by the setback requirements which are so referenced in the Izoning district, assigned to' the property. d 7 Any structure permanently affixv.i on the ground and which measures less than '12 inches in height shall not be required to comply with the otherwise 2 r a PP 1 i cab le structural, s .tba standards setback corta� d in 40. s a Any sm< 'i l object normally uf-f ixed atop a single pole or post 1, such as a light ;fixture or mail box, shall not be required to comply with the otherwise applica.b'16 structural setbacks contained in chapter 40. bier �, F ri '+ -,fie--fit a ; -- t ee - : _- . � 4 erta4n . R r•.rte'r�°a ++fir r-h-.,a;7, .v+s�d` r. F s ti m.n r� in see+1"o n 4 2. I Air conditioning equipment, pool equipment and like mech4nical' equipment not enclosed' within a building shall be exempt from side and rear setback requirements, provided through access is not obstructed by such equipment. Such equipment may required to be elevated for flood protection purposes , and in' suclh cases any associated supporting structural components shall be exempt from side and rear setback requirements provided through access, is not obstructed by such equipment or supporting structural components° Howeveri such equipment and associated supporting structural components shall not be ins-,�'alled or constructed +4ithin the clear space required by Section 41 .131(b) for waterfront properties other than detached single-family dwellings. 1{3 - Cer to i n building and other pra ject i ons shall be permitted to extend into setback areas and may be' permitted to encroach over street 'r i ghs-of- way as follows: (a) Building fascias, canopies other than freestanding canopies , awnings, , marquees, aves 'and c3i:her similar building projections`which are affixed solely to the buildi'n,g ; and not directly; affixed to the ground, i but not balconies, decks or bay windows , shall be permitted to project into required setbacks not to e�cceed 40 percent of such setback or ten feet, whichever is 'less, Within the beach commercial ,' North Greenwood commercial', an urban center districts only, such projections shall be permitted to encroach into required setbacks from the street right-of-way without 'limit and may encroach into and over street rights-61F.-way not to exceed ten fleet if a clearance over grade of at least 'nine feet is ' provided, however, in each case the projection shalllbe no closer than five ,feet from the curbline or the shoulder of the roadway. (b) The roof fascia of a freestanding canopy shall be set back a minimum of tern feet from a street right-of rway boundary and any side and rear property, line. The supporting posts or columns of a freestanding canopy shall not encroach into required structural setbacks. No part of ' a freestanding canopy shall encroach into or over a street right-of-way. As used in this subsection, -freestanding canopy means any ancillary, cantilevered roof structure supported by vertical posts or columns and not affixed` to any primary building. Open or unenclosed fire escapes and outside' stairways sh `lbw' _� . � +h feet permuted to extend into a reou�red setback area not more than �, ree 3 n i i provided 'throug_h access is not obstructed. Lai Ba� 1lconies decks , ba'v windows " and similar features that lingArly extend 50 percent or less of the width f h boilding wall to wh ch he are attached shall ermined to extend into a required setback area not more Than e 0 inchei ara ed t.hruug_h 'access is not obstructed. 11 44-4, ; Freestanding, i .e. , not affixed on top of' a building, r dio and television antennas shalll be set back from ail property , lines a distance equal to 50 percent of Ithe height of the antenna. 12 �I Satel lite dish antennas shall be positioned behind all setback lines and, furthermore; shall be' no closer to any street right-of-way than 20 feet behind the flr6lit. face, or vial l , of any building located on, the pro° 'erty or one half the depth of any building which the dish abuts, whichever is the lesser. The max ium diamejter permitted shall to 12 "feet. Roof-mounted antennas hall be periitted only !in) nonresidential zoning districts. Satellite dish antennas shall require a bui16ing permit. i f r Itl least 16 Q Te'1 t1''. Y'+n Jlm f 1 ef j -Wd-4 4, l31 A minimum structural setback of 60 feet from the cents line of the right-of-way 6f Edgewater Drive shall apply to properties which front on the east side of such street between Union and' Sedeeva Streets. Any larger setback required by the zoning district regulations shall prevail i 14 r jA minimum structural setback of 40 feet from the c`ente�rline 'of the 'right-of-way shall apply to 'properties which -front on either sade of the following streets within the described limits: (a ree wood Avenue, from Turner Street to 'talmetto � Street; {b) Highliand Avenue, in its entirety (c) M ssauri Avenue, from Belleair Road to Drew Street. Any larger setback required by the zoning district regulations shall prevail . 15 A' minimum structural setback of 40 feet from the centerl ine` of the right-of-way o1r ten ` feet from the right-of-way line of Myrtle ' Avenue, whichever is the �g�reater, shall apply, to properties which front on eitlher side of such street between Lakeview Road and Garden Avenue. Any larger setback required by the i.oning :district regulations shall prevail . 16� A minimum structural setback of 175 feet from the centerline of the right-of-wOy shall apply to properties which front on U.S. Highway, 19. Any larger setback required by the zoning district regulations shall prevail . (17) In si,njle family residential and the RM-8 zonina districts iw here 50 I er ec t or more of the lots in a blockface are developed with j)rinci al structure's that idol €oto meet the minimum street ri-htdof-wad setbacks ;establ ish'ea for the a it iicable z+Ming district the averace street right of 4INAY set; ack in he bloc ace sh;al i be the minimum street ri�t-of way setback �€sr new �r.inci al structures car additions' to exist i Drinc frai structurea ;iryovid d d, ivewav access to the site is designed to not interfere with pedestrian or velhicuial access on gny ad.ioi>ning oubl.ic sidewalk or street. 1 Section 2d Thie provis ons of this ordinance are found and determined to e cflnsistent with the City of Clearwater Cemp' ehensivo PIai Section 33 This ordinance shall take effect immediately upon adoption. PASSED ON F�RST READING Dec a � er 2, i99!+ PASSED N SECOND AND FINAL READING AND ADOPTED January 5, 199f- a Garvey Mayor-Gomrni ss i over Attest: Cynth a E. Goudeau City Jerk s sfproved as to form and I V: ficiency. s r Pamela K. "Akin city Attorney S� �