8402-13ORDINANCE NO. 8402 -13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY
AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 18,
SIGNS, SECTION 3 -1806 SIGNS PERMITTED WITHOUT A PERMIT,
TO ALLOW SIGNS WITHIN PUBLIC RIGHTS -OF -WAY TO PROVIDE
WAYFINDING DURING PUBLIC CONSTRUCTION PROJECTS;
AMENDING ARTICLE 6, SECTION 6 -109, TERMINATION OF STATUS
AS A NONCONFORMITY, TO ALLOW TERMINATED HEIGHT TO BE
REBUILT IN CERTAIN CIRCUMSTANCES AND TO CLARIFY THAT
THE TERMINATION OF NONCONFORMING DENSITY RUNS WITH
THE LAND INSTEAD OF WITH A SITE PLAN APPROVAL; CERTIFYING
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND
PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, U.S. Highway 19 is being redesigned and certain east -west connections wilt
be eliminated and traffic circulation patterns changed;
WHEREAS, it would be in the public interest to help the driving public adapt to such
changed traffic circulation patterns;
WHEREAS, temporary wayfinding signage may be appropriate in certain circumstances
due to significant changes in the roadway network;
WHEREAS, upon review of the termination of status of nonconformities provisions, it is
evident that the language should be clarified;
WHEREAS, it would be appropriate to clarify that terminated nonconforming densities
run with the land provided certain improvements are made;
WHEREAS, the City of Clearwater desires to allow terminated nonconforming height to
be reconstructed in limited circumstances;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Article 3, Development Standards, Division 18, Signs, Section 3-
1806, of the Community Development Code, is hereby amended as follows:
Section 3-1806.U. Signs during public construction projects. The following signage shall be
allowed in conjunction with public construction projects that are scheduled to last 180 days or longer.
1. Temporary sidewalk signs are permitted for properties abutting qualifying public construction
projects - - - - - - - - 2 - - =' e. - - : - , in accordance with the following criteria.
4. a. 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. b. 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.
c. 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. d. 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.
e. 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
f. No sidewalk sign shall be placed so as to block any public way, or within the visibility triangle
of intersections or driveways.
2. Temporary wayfinding signs may be permitted on publicly owned land or easements or inside
public rights -of -way if the City Manager finds that there is a qualifying public construction project
that results in a permanent and significant change to the existing traffic circulation patterns within
the construction project limits. Such signage shall comply with the following criteria:
a. Temporary wayfinding signs shall not be erected prior to the commencement of the public
construction project and shall be removed after the conclusion of the project when the City
Engineer determines that the traveling public has had sufficient time to adjust to the new
circulation patterns.
b. Temporary wayfinding signs shall not exceed eight square feet in area and twelve feet in
height.
c. The number and location of temporary wayfinding signs shall be determined by the City
Engineer and shall serve to notify and help motorists navigate a new traffic circulation
pattern. In determining the appropriate number of signs, the City Engineer shall consider the
nature of the changed pattern, the uses and the number of properties directly impacted by
such chanced patterns.
Ordinance No. 8402 -13 Page 2
d. The owner(s) of a parcel of land, shopping center including all outparcels, or office building
directly affected by the changed traffic circulation pattern may request to be included on such
wayfinding signs.
e. Temporary wayfinding signs shall not conceal or obstruct adjacent land uses or signs, shall
not interfere with or obstruct the vision of motorists. bicyclists or pedestrians.
f. The city shall design, fabricate, install and remove all temporary wayfinding signs and the
owners(s) of property referenced on the signs shall reimburse the City for those costs. Such
signs shall be installed and maintained in a safe manner.
g, The City of Clearwater retains all rights of removal for temporary wayfinding signs.
Section 2. That Article 6, Nonconformity Provisions, Division 6 -109 of the Community
Development Code, be, and the same is hereby amended to read as follows:
Section 6 -109. Termination of status as a nonconformity.
A. A nonconforming use or structure may be deemed to be in conformity with this Development
Code, and may thereafter be allowed to continue and to expand as a lawfully existing use or
structure, if such use or structure is granted level two approval in accordance with the provisions
this section.
Cede; and
A structure which is nonconforming with respect to density /intensity may be deemed to be in
conformity with this Development Code and may thereafter be allowed to continue, to expand or
be reconstructed provided such termination of nonconforming density /intensity is granted
through a Level Two approval. Additionally a site plan shall be submitted concurrently for review
and approval by the Community Development Board that demonstrates compliance with the
following:
1. If the existing structure is to remain or be expanded, such required site plan shall
demonstrate compliance with the provisions set forth in Section 6 -109.0 below. All required
improvements shall be completed within one year of the issuance of the Level Two
development order approval or the termination will be null and void.
2. If reconstruction of the nonconforming density /intensity is proposed, the required Level One
or Level Two application shall be submitted in conjunction with the Level Two termination
request and shall demonstrate compliance with the provisions of this Community
Development Code. In the event such reconstruction does not occur within the timeframe
specified in the development order granting the termination, such property shall comply with
Ordinance No. 8402 -13
Page 3
the provisions set forth in Section 6 -109.0 below within one year of the expiration of the
development order or the termination of nonconformity will be null and void.
3. If the required improvements or reconstruction authorized in any development order granted
pursuant to 6- 109.B. 1 or 2 above are constructed, the nonconforming density /intensity shall
be deemed legal and shall run with the land. Any future redevelopment utilizing this
density /intensity shall comply with the provisions of the Community Development Code in
effect at that time.
4. Should the improvements on a property be demolished during the valid timeframe of a
development order terminating nonconforming density /intensity pursuant to this section and
the property is vacant, the property shall be deemed to be in compliance with these
provisions and such termination of nonconforming density /intensity shall be vested and run
with the land.
5. Any terminated nonconforming units /floor area granted through Section 6- 109.B. 1 or 2
above shall not be transferred to another site or converted for another use.
C. A level two approval shall not be granted to terminate status as a nonconforming use or
structure unless the nonconformity is improved according to the following requirements_
1. Perimeter buffers conforming to the requirements of Section 3- 1202(G lQ shall be installed.
2. Off - street parking lots shall be improved to meet the landscaping standards established in
Section 3- 1202(D -E).
3. Any nonconforming signs, outdoor lighting or other accessory structure or accessory use
located on the lot shall be terminated, removed or brought into conformity with this
development code.
4. The comprehensive landscaping and comprehensive sign program may be used to satisfy
the requirement of this section.
5. The use and structure complies with the general standards for Level One and Level Two
approvals set forth in Section 3 -914.
D. Any property located in the Downtown District that has been subject to a termination of
nonconformity with regard to building height may reconstruct such height if approved by the
Community Development Board as Level Two approval in accordance with the following criteria:
1. The reconstruction complies with all other requirements of this Community Development
Code and the Clearwater Downtown Redevelopment Plan; and
2. The reconstruction of such increased height would not negatively impact the surrounding
area; and
3. The design of the proposed project creates a form and function which enhances the
community character of the immediate vicinity of the parcel proposed for development and
complies with the Downtown Design Guidelines; and
4. The intended vision for the character district in which the property is located would be met.
Ordinance No. 8402 -13 Page 4
Section 3. 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 4. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City's Comprehensive Plan.
Section 5. Should any part or provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a
whole, or any part thereof other than the part declared to be invalid.
Section 6. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 7. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING May 16, 2013
AS AMENDED
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Douga es
Assistant City Attorney
Ordinance No. 8402 -13
June 6, 2013
cleo<<t ncrikt5
George N. Cretekos
Mayor
Attest:
o emarie Cal
City Clerk
Page 5