8398-13ORDINANCE NO. 8398 -13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY
AMENDING ARTICLE 8, DEFINITIONS AND RULES OF
CONSTRUCTION; AMENDING SECTION 8 -102, DEFINITIONS,
PROVIDING A REVISED DEFINITION FOR FAMILY AND A NEW
DEFINITION FOR HOUSEKEEPING UNIT, CONSISTENT WITH THE
TERMS OF THE CONCILIATION/ VOLUNTARY COMPLIANCE
AGREEMENT ENTERED INTO BY AND BETWEEN THE UNITED
STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
AND THE CITY OF CLEARWATER; CERTIFYING CONSISTENCY
WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER
ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, complaints alleging discriminatory housing practices in the City of
Clearwater were filed with the United States Department of Housing and Urban Development
(HUD) for investigation and appropriate action; and
WHEREAS, a Conciliation Agreement was entered into by and between HUD and the
City of Clearwater; and
WHEREAS, the City of Clearwater agreed to amend the Community Development Code
to address requirements to amend its definitions section under the agreement section "Relief in
the Public Interest "; and
WHEREAS, the City of Clearwater has determined that in any event it is advisable to
amend the Community Development Code in this respect in order to provide clarification and
revision, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Article 8, Definitions and Rules of Construction, Section 8 -102,
Definitions, of the Community Development Code, is hereby amended as follows:
* * * * * * * * * *
Family means one -or -mere persons who iointly occupying and have equal access to areas of a
residence and who function as a single- housekeeping unit.
* * * * * * * * * *
Housekeeping Unit means a group of individuals, whether or not related by blood, marriage, or
civil union, who reside together as a family. Existence of one or more of the following shall
create a rebuttable presumption that the group is not a bona fide housekeeping unit:
i. Interior doors that contain padlocks or keyed doorknobs, which limits tenants' use
and access;
ii. Members of the group have separate leases or sub leases and /or make separate
payments to the landlord;
iii. The group significantly reforms over the course of a twelve (12) month period or
during the lease term by losing and /or gaining two or more members. Additions can
be made with landlord approval if member(s) abandon(s) property, tenants and
landlords should verify rights under Florida Landlord Tenant Laws.
iv. Residentially zoned property which provides living, sleeping and at least one meal to
four or more unrelated individuals for periods of one week or longer, typically referred
to as a boarding house. Such individuals do not have a lease agreement with the
landlord for that property. Such individuals only obtain a license to use their rooms
while landlord maintains right of access, and are typically referred to as boarders.
Such uses are prohibited by this code.
v. Residentially zoned property that provides living and sleeping for more than four
unrelated individuals for periods of one week or longer, typically referred to as
rooming house. Such individuals do not have a lease agreement with landlord for
property. Such individuals only obtain a license to use their rooms while landlord
maintains right of access, and are typically referred to as boarders. Such uses are
prohibited by this code.
vi. Members of this group do not engage in group living activities such as shopping,
cooking, eating, and socializing.
* * * * * * * * * *
Section 2. 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 3. 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 4. 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 5. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 6. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING June 19, 2013
PASSED ON SECOND AND FINAL July 18, 2013
READING AND ADOPTED
qe0q 0 Cr C\ti:Of
George N. Cretekos
Mayor
Ordinance No. 8398 -13 Page 2
Approved as to form: Attest:
Leslie K. Douga • es
Assistant City Attorney
ita ()eat
Rosemarie CaII
City Clerk
Ordinance No. 8398 -13 Page 3