5817-95 ORDINANCE NO. 5817-95 i
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING-j TO THE LAND DEVELOPMENT CODE; RESCINDING
EXISTING SECTION 3 . 38, CODE OF ORDINANCES,
ELIMINATING THE NORTH GREENWOOD DESIGN CO ITT EE;
CREATING A NEW,SECTION 36.038, CODE OF ORDINANCES,
TO ESTABLISH A DESIGN REVIEW BOARD. AND T
ESTABL.1;SH POWERS, DUTIES, AND JURISDICTION FOR THE
BOARD;;AMENDING SECTION 36.065,CODE OF ORDINANCES,
T :EST ABILISHAN APPEALS PROCESS FOR DESIGN REVIEW
BOARD DECISIONS; PROVIDING AN EFFECTIVE DATE.
BE,I T ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARW TE , FLORIDA:
Section 1. Section 36.033, Code of Ordinances:, is hereby rescinded and replaced In its
entirety as follows:
Sec= 36.038. Design r viiew board.
(1) Purpose. The design ,review board is established to review, evaluate and render a
decision on building pli pis and<�i n plans in order to promote a cohesive, attractive, r v�italizIed,
pedestrian-oriented environment in the commercial and resort commercial districts on Clearwater
Beach,the urban center district encompassing Downtown Clearwater, and the North Greenwood
commercial district.
(2) Jurisdiction. The design review board shall have jurisdiction to review, evaluate and
render a decision on buiilding Mans and,sign playas for properfies Iooated in arty commercial or
resort commercial zoning district on Clearwater Beach, in the forth Greenwood commercial
district, and in the urban center district as part of a regulatory design review and grant incentive
program. The scope of the board's revieve shall be limited to exterior building playas for Flew
buildings, building additions and facade alterations, and sign plans for which sign permits ire
required or requested. Mere more than one occupancy exists or is proposed on a property,
the scope of the board's review shall be limited to the occupancies to which the plans pertain.
(3) Composition, appointment and term.
(a) The design review board shall consist of severs members who shall be residents of
the city. The city commission shall appoint the members of the board as follows: Three (one
per area), shall -De property ord'4irs or merchants within 9.r'de affected areas (Clearwater beach,
Downtown Clearwater, and the North Greenwood commercial district); two shall be design
professionals (i.e., architects, landscape architects, engineers or urban planners,; and two shall
be at-large members. All appointees shall serve at the pleasirire of the city commission.
(b) Appointments shall be for four-year terms, except that shorter initial terms shall be
established by the city commission to provide staggered expiration dates. A member may be
appointed for not more than two consecutive terms.
( ) Officers. The design review board shall elect a chairperson and vice-chairparson
from among its members as well as any other officers deemed necessary for its function. All
officers shall be elected for ogle-year terms and shall be eligible for reelection.
(5) Rules and regulations. The design review board may establish such rules and
regulations not inconsistent with the ordinances of the city as the board may determine
necessary to carry out its duties.. The chairman of the board may call special meetings as may
be necessary. All rneetings of the board shell be open to the public.
(6) mowers and duties. The design review board shall have the power and duty to;
(a) Review„ evaluate and reader a decision on building plans and sign plans in the
applicable zoning districts according to the design guidelines for each area as established by
resolution; however, nothing in this section shall be construed as empowering the board to
require a modification of any requirement of any of the applicable standard building codes as
adopted and in effect in the city;
(b) Flake pOicy recommendations to the planning and zoning board, the develepmenl
code adjustment board, and the city commission relating to the design guidelines and to ge neral;
development within the applicable zoning districts; and
(c) Make recommendations to the city manager and pity commission concerning any-
design-related grant applications or incentive programs within the applicable zoning districts.
(7) Evaluation of plans.
(a) Four members of the design review board shall constitute a quor u .
(Ib) At the conclusion of each hearing item, based upon the material presented to the
board at the hearing'a and the design guidelines set forth in this section,the board members shall
render a decision as to whether the plans conform to the design guidelines, flans whichare not
judged by the aboard to conform to the design guidelines may be approved with condit'lions or
denied; a vote of denial shall be without prejudice, allowing immediate reapplication.
(c) No plans denied by the board shall be issued a building permit pursuant to those
plans by the development code administrator.
(8) Failure of the board to act on plans in a`timely manner. If the design review board
fails to act on plans, without the concurrence of the property owner or the Owner's designated
representative, within 46 days from the submission of such plans to the development code
administrator, the plans shall be considered approved.
(g) .Appeals of board action. The property owner or the owner's designated
representative may appeal the board's decision to the city commission in accordance with the
procedures established in section 36.065.
(90) Design guidelines. Design guidelines for each area shall be. established by
resolution of the city commission. Such guidelines shall specify the nature of the review
(whether regulatory or voluntary), the specific categories of architectural features subject to
design review,the design requirements for these categories of architectural features and vahether
such features are subject to board or administrative review, available grant programs, and other
information pertinent to the area's design review program.
: ection 2. Section 36.066, Code of Ordinances; is amended to read:
{; ,
Sec. 36.066.: ppea€s to hearing o cer or city commission.
(1) Purpose and exception.
(a) it is the p,Urpose of this section to provide an administrative process for appealing
decisions rendered on variances or conditional rases by the development code adjustment bop rd-
and the planning and zoning board, ; or by±the d qjg r v ar ward poor to arty
available recourse it a court of law. In particular, it is intended that such administrative relief
be provided in the most professional, objective and equitable manner possible throug1h
appointment of a hearing officer to adjudicate matters as provided in this section. The fuoction
of the hearing officer is to serve as the second seep of a t o-step administrative process relating
to variances and conditional uses and to deli n review. T.he review of a hoard decision by a
hearing officer shall not be required if all affected parties in4Aterest are satisfied with the board
decision, but no par, shall be deemed to have exhausted his administrative remedies for
seeing judicial review unless the party first obtains review of the board decision by a h e
officer as.provided in this section.
(b) Ast an exception to the foregoing, appeals of conditional use decisions rendered
by the planning and zoning board regarding the sale of slcohoft beverages a;%d a A�I�s of
design review ;decisions rendered by the 'design :review board shall be made to the city
commission. All of the following provisions and requirements relating to applicability,:filing,
administrative responsibilities, conduct of hearing, and decisions shall remain the same and shall
apply to such 'appeals, except that the appellate authority shall be vested in the city commission
rather than a Dearing officer.
Section . . The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan.
Section 4. This, ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING ___-May 4. 995
PASSED ON SECOND AND FINAL
READING AN,'D ADOPTED May 8, 1995
1
1
$J ead Bl AA0 A
Rita Garvey, Mayor-tommissi r r
Attes
j
4,4 r�
t,-Cynthia ff do"Udeau, C;. y Clerk
Approved as to form and
legal sofficiexac
Parrtt;la . A Oita, City Attorney
3
__ �� �