8371-13ORDINANCE NO. 8371-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE BY
AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 9,
GENERAL APPLICABILITY STANDARDS, SECTION 3-908,
PERMITTED ENCROACHMENTS INTO SETBACKS AND OVER
STREET RIGHTS-OF-WAY, TO ALLOW FOR BALCONY
ENCROACHMENTS IN THE DOWNTOWN (D) DISTRICT FOR INDOOR
RECREATION/ENTERTAINMENT USES; AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, DIVISION 18, SIGNS, SECTION 3-808,
COMPREHENSIVE SIGN PROGRAM, TO CORRECTLY STATE THE
FREESTANDING SIGN CALCULATION METHOD FOR THE
COMPREHENSIVE SIGN PROGRAM; AMENDING ARTICLE 6,
NONCONFORMING PROVISIONS, SECTION 6-106,
NONCONFORMING LOTS, TO ADDRESS ILLEGALLY CREATED
NONCONFORMING LOTS; AMENDING APPENDIX A, SCHEDULE OF
FEES, RATES AND CHARGES, V., BUILDINGS AND BUILDING
REGULATIONS, TO ALLOW FOR A 33-PERCENT REDUCTION IN
PLANS REVIEW FEES FOR PROJECT USING A PRIVATE PLAN
REVIEW PROVIDER; AND MAKING AN AMENDMENT TO THE CODE
OF ORDINANCES BY AMENDING PART II — CODE OF ORDINANCES,
CHAPTER 2- ADMINISTRATION, ARTICLE III — APPOINTED
AUTHORITIES, BOARDS, COMMITTEES, DIVISION 1— GENERALLY,
SEC. 2.066 — ATTENDANCE BY MEMBERS AT MEETINGS, TO
EXCLUDE MILITARY RELATED COMMITMENTS FROM BEING
CONSIDERED EXCESSIVE ABSENCES; CERTIFYING CONSISTENCY
WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER
ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted a new Community Development Code ori
January 21, 1999 which was effective on March 8, 1999, and
WHEREAS, since the effective date of the new Community Development Code, the Cit�r
of Clearwater has reviewed numerous development proposals in all of the new zoning districts
in all parts of the City that utilize the Minimum Standard, Flexible Standard and Flexible levels of
review, and
WHEREAS, the prior adopted Ordinance No. 8343-12 included an incorrect reference tc�
a calculation method, and
WHEREAS, the City of Clearwater desires for the Community Development Code tn
function effectively and equitably throughout the City, and
WHEREAS, the City of Clearwater has determined where the Community Development
Code needs clarification and revision, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER.,
FLORIDA:
Section 1. That Article 3, Development Standards, Division 9, General Applicabilit�r
Standards, Section 3-908, Permitted encroachments into setbacks and over street rights-of•-
way, Community Development Code, be, and the same is hereby amended to read as follows:
Section 3-908. Permitted encroachments into setbacks and over street rights-of-way.
Certain building and other projections shall be permitted to extend into setback areas and ma�r
be permitted to encroach over street rights-of-way as follows:
A. Building projections which are affixed solely to the building and not directly affixed to the�
ground such as building fascias, roof overhangs, eaves, canopies other than
freestanding canopies, awnings, marquees, and other similar projections, shall b�
permitted to project into required setbacks as specified below.
1. In the Tourist, Commercial and Downtown Districts, such projections shall bE
limited to ten feet and shall be permitted into any required setback and over
street rights-of-way provided a clearance of eight feet over grade is maintained.
In no case shall such projection be closer than five feet from the curbline or th�
shoulder of the roadway. Any awning with supports may be located up to th�
property line and any awning that projects into a right-of-way shall be
cantilevered.
2. In all other districts, such projects shall be limited to 40 percent of the setback or
ten feet, whichever is less.
B. The roof fascia of a freestanding canopy shall be set back a minimum of ten feet from ��
street right-of-way 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.
C. Open or unenclosed fire escapes and outside stairways shall be permitted to extend intc�
a required setback area not more than three feet provided through access is not
obstructed.
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1 Balconies decks bay windows, and similar features that linearlv extend 5()
percent or less of the width of the buildinq wall to which thev are attached shalll
be permitted to extend into a required setback area not more than 24 inchea
provided throuah access is not obstructed.
2 In the Downtown District, when associated with an Indoor
Recreation/Entertainment use that has a minimum of 650 seats, balconies shall
be permitted to encroach into riqhts-of-wav provided a clearance of eiaht fee�t
over grade is maintained. In no case shall such encroachment be closer thai7
two feet from the curbline or the shoulder of the roadwav.
Section 2. That Article 3, Development Standards, Division 18, Signs, Section 3-80�,
Comprehensive Sign Program, Community Development Code, be, and the same is hereb�y
amended to read as follows:
Section 3-1808. Comprehensive sign program.
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C. Flexibility criteria.
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Ordinance No. 8371-13
Page 2
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 followin�
criteria: overall size of site, relationship between the building setback and sigr�
location, frontage, access and visibility to the site, intended traffic circulation�
pattern, hierarchy of signage, scale and use of the project, consistency withi
Beach by Design, Clearwater powntown Redevelopment Plan or any other
applicable special area plan and submittal of a master sign plan for th�
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 ari
attached sign exceed finro hundred 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 casN
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 +ra-�es�ie�f
. . . . . ". below:
i. One sauare foot per two linear feet of street frontaae; or
ii. One square foot per 100 sauare feet of building facade facinq
street frontaae.
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Section 3. That Article 6, Nonconforming Provisions, Section 6-106, Nonconforminc�
Lots, Community Development Code, be, and the same is hereby amended to read as follows:
A. No principal use or structure shall be established on a lot of record unless the lo�t
conforms to the lot area and lot width requirements in this Development Code for the�
zoning district in which it is located, except in accordance with the provisions of thi;a
section.
B. A principal use or structure may be established on a residential lot of record that wa;i
legally in existence prior to March 8, 1999 even though the lot is nonconforming with th�
lot area and lot width requirements in this Development Code for the zoning district ir�
which it is located, provided that a Level One (minimum standard) approval is obtained.
A Level One (flexible standard) approval shall be required only if required setbacks
cannot be met. The applicant for a Level One (flexible standard) approval shall
demonstrate the following:
1. The lot was a lawfully created lot. If the lot was created before 1982, then it i:b
automatically considered to be lawful. If the lot was created after 1982, to be ��
lawfully created lot, it must have been created by an approved plat in accordanc�
with the City Code; and
2. Upon adoption of this Development Code, the lot is not held in commor�
ownership with any abutting land which, in combination with the lot in question,
would create a building site meeting the lot area and lot width requirements of thea
zoning district; or
Ordinance No. 8371-13 Page :3
3. The lot has not been previously developed in combination with an adjacent lot;
and
4. If the lot is proposed for a detached dwelling, the dwelling is developed in
conformity with the other development standards of the zoning district in which it
is located.
C. No qermit shall be issued for any unlawfully created lot.
D Exceqt in the instance that a Level One or Level Two approval is obtained prior, no;
nonconformina lot mav be subdivided and no conforminq lot mav be subdivided in such.
a manner that renders it or anv structures thereon, nonconforminq to the requirements,
in this Development Code for the zoninq district in which it is located and anv such.
subdivision shall constitute a violation of this Development Code.
Section 4. That Appendix A, Schedule of Fees, Rates and Charges, V., Buildings;
and Building Regulations, Community Development Code, be, and the same is hereby�
amended to read as follows:
V. BUILDINGS AND BUILDING REGULATIONS (§ 47.087):
Permit fees and charges:
(1) Permits and fees and charges, in general; exceptions:
(a) Permits are generally not required for carpeting, painting, wallpapering, panelinc�
over existing walls, and tile, nor where the valuation of labor, materials, and all
other items does not exceed $500.00 and the work or operation is of casual,
minor, inconsequential nature, and does not violate any city codes or ordinances,
or is exempt pursuant to Chapter 75-489, Laws of Florida (Special Acts), Sectiori
25.
(b) Valuations for all construction shall be based on the contract value. The current
Southern Building Code Congress International's valuation tables may be used i�f
no contract is submitted with the permit application.
S�) Plans review fees will be reduced bv 33 percent for those proiects usinq a privatE
provider of qlan review services pursuant to Florida Statutes, to review the:.
Buildinq Plumbing, Mechanical and Electrical trades.
(sd) Where no permit fee is stated, the same shall not be interpreted as an intentior�
to waive any requirement for a permit or fees for a permit that may be stateci
elsewhere in the city's Code of Ordinances.
(�e� Prior to starting any electrical, gas, plumbing, mechanical, roofing or other worlc
under a combination permit, the contractor or the subcontractor engaged to dU
the work shall file with the Planning and Development Services Administration �3
form showing the name and certification number of the subcontractor, the?
subcontractor's occupational license number, the combination permit number, th�
job address, and other related information as may be required by the Planninc�
and Development Services Administration. Failure to file such form or provide?
such information shall be cause for the refusal of inspection services, and th�
issuance of a correction notice with the appropriate fee.
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Section 5. That Code Of Ordinances, Part II — Code of Ordinances, Chapter 2-
Administration, Article III — Appointed Authorities, Boards, Committees, Division 1— Generally,
Ordinance No. 8371-13 Page 4
Sec. 2.066 — Attendance by Members at Meetings, be, and the same is hereby amended to
read as follows:
Sec. 2.066. - Attendance by members at meetings.
(1) Except as may otherwise be provided by law, or when due to military related�.
commitments, a member of any board may be removed by the city. manager for
excessive absences. "Excessive absences" shall mean:
(a) For a board which meets monthly on a regular basis, more than four absences,
excused or unexcused, in any consecutive 12-month period.
(b) For a board which meets less often than monthly on a regular basis, more than�
three absences, excused or unexcused, in any consecutive 12-month period.
(c) For a board which meets more often than monthly on a regular basis, more thar�
five absences, excused or unexcused, in any consecutive 12-month period.
(d) For a board which meets quarterly on a regular basis, more than one absence:,
excused or unexcused, in any consecutive 12-month period.
(2) The staff liaison for each board shall notify the city clerk of any board member having �
record of excessive absences. The city clerk will notify the city manager and requestt
direction regarding the removal of such board member.
Section 6. Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are:
hereby adopted to read as set forth in this Ordinance.
Section 7. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and iri
conformance with the City's Comprehensive Plan.
Section 8. Should any part or provision of this Ordinance be declared by a court o�F
competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as ��
whole, or any part thereof other than the part declared to be invalid.
Section 9. Notice of the proposed enactment of this Ordinance has been properl�r
advertised in a newspaper of general circulation in accordance with applicable law.
Section 10. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
AS AMENDED
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
�
Les ie K. Douga I- i s
Assistant City Attorney
Ordinance No. 8371-13
February 21, 2013
March 6, 2013
- y er��,���t�t �s
George N. Cretekos
Mayor
Attest:
Rosemarie Call
City Clerk
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