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7723-07 ORDINANCE NO. 7723-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS, TABLES 2-802 AND 2-803, TO AMEND USE, MAXIMUM HEIGHT AND MINIMUM SETBACK REQUIREMENTS AND TO AMEND OFF- STREET PARKING REQUIREMENTS, WHICH ARE GOVERNED BY BEACH BY DESIGN: A PRELIMINARY DESIGN FOR CLEARWATER BEACH AND DESIGN GUIDELINES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which was effective on March 8, 1999, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, and WHEREAS, the Community Development Code needs to be consistent to provisions within Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, and WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 2, Section 2-802, Table 2-802, is amended as follows: Section 2-802 Flexible standard development. The following uses are Level One permitted uses in the T District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. *********** (1) Specific standards for the Old Florida District and the Marina District that supercede the above regulations are set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. *********** Ordinance No. 7723-07 '. Section 2. Article 2, Section 2-803, Table 2-803, is amended as follows: Section 2-803 Flexible development The following uses are Level Two permitted uses in the Tourist liT" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. *********** (1) Specific standards for the Old Florida District and the Marina District that supercede the above regulations are set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. *********** Section 3. Amendments to the Land 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 January 31, 2007 2 Ordinance No. 7723-07 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie F. Dougall- Assistant City Att Februarv 15. 2007 nk V. Hibbard. Mayor Attest: 3 ia E. Goudeau.... lerk Ordinance No. 7723-07