8715-15MOTION TO AMEND ORDINANCE NO. 8715-15 ON FIRST READING
On page 1, amend the title of the ordinance to remove the following language:
AMENDING ARTICLE 4, SECTION 4 -202, TO CHANGE THE NOTICE
RESPONSIBILITY, DISTANCE AND CONTENT FOR LEVEL ONE APPLICATIONS;
AMENDING ARTICLE 4, SECTION 4 -206, TO CHANGE THE NOTICE
RESPONSIBILITY AND PROCEDURES FOR LEVEL TWO AND THREE
APPLICATIONS;
On page 12 through 14, delete Section 17 and Section 18, and renumber all
subsequent sections accordingly.
11i
Pamela K. Akin
City Attorney
May 21, 2015
ORDINANCE NO. 8715-15
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AN AMENDMENT TO THE CODE OF ORDINANCES BY AMENDING
CHAPTER 1, SECTION 1.12, TO CORRECT REFERENCES;
AMENDING APPENDIX A - SCHEDULE OF FEES, RATES AND
CHARGES, XXVII, BUSINESS TAX, TO REMOVE ERRONEOUS
INFORMATION; AND BY MAKING AMENDMENTS TO THE
COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2,
CHART 2 -100, TO ADD ENVIRONMENTAL PARK AS A PERMITTED
USE; AMENDING ARTICLE 2, SECTIONS 2 -204, 2 -304 AND 2 -802, TO
ADD A FOOTNOTE PERTAINING TO NON - RESIDENTIAL OFF -
STREET PARKING LOTS; AMENDING ARTICLE 2, SECTIONS 2 -703,
2 -704, 2 -802, 2 -803, 2 -902 AND 2 -1303, TO MODIFY A CRITERION
FOR BREWPUBS AND /OR MICROBREWERIES; AMENDING ARTICLE
2, DIVISION 15, TO ADD ENVIRONMENTAL PARK AND OPEN SPACE
AS MINIMUM STANDARD DEVELOPMENT USES; AMENDING
ARTICLE 3, SECTION 3 -804, TO INCREASE MAXIMUM FENCE
HEIGHT; AMENDING ARTICLE 3, SECTION 3 -1406, TO MODIFY OFF -
STREET LOADING REQUIREMENTS; AMENDING ARTICLE 3,
SECTION 3 -1409, TO ALLOW FOR A LOSS OF PARKING SPACES
WHEN ACCOMMODATING HANDICAP ACCESSIBLE PARKING
SPACES; AMENDING ARTICLE 3, SECTION 3 -1805, TO MODIFY
ILLUMINATED SIGN STANDARDS; AMENDING ARTICLE 4, SECTION
4 -1202, TO MODIFY REQUIREMENTS PERTAINING TO THE
PREPARATION OF TREE INVENTORIES; AMENDING ARTICLE 6,
SECTION 6 -102, TO PROVIDE AN EXCEPTION FOR AFFORDABLE
HOUSING; AMENDING ARTICLE 7, SECTION 7 -103, TO MODIFY
LANGUAGE PERTAINING TO VIOLATIONS AND FINES; AMENDING
ARTICLE 8, SECTION 8 -102, TO MODIFY THE DEFINITIONS FOR
DWELLING UNIT, MEDICAL CLINIC AND PROTECTED TREE, ADD
DEFINITIONS FOR ENVIRONMENTAL PARK; CERTIFYING
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND
PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater desires for the Community Development Code to
function effectively and equitably throughout the City; and
WHEREAS, the City of Clearwater has determined where the Community Development
Code and Code of Ordinances needs clarification and revision; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Chapter 1, General Provisions, Section 1.12, General Penalty;
Enforcement of Civil Infractions; Continuing Violations, Code of Ordinances be amended to read
as follows:
Sec. 1.12. - General penalty; enforcement of civil infractions; continuing violations.
* * * * * * * * * *
(2) - _ _ : - Any city ordinance may be enforced through the
municipal code enforcement board pursuant to the procedures contained in chapter 2,
Article 7, Community Development Code.
(3) Except for the ordinances set forth in Chapter 6, Chapter 15, section 3 -1508 (Noise),
Chapter 21, Chapter 22, and Article 3, Division 3 (Adult Use Standards), tie - ordinances
any city ordinance may be enforced in accordance with the
following procedures:
* * * * * * * * * *
Section 2. That Appendix A, Schedule of Fees, Rates and Charges, XXVIII.,
Business Tax, Code of Ordinances be amended to read as follows:
APPENDIX A - SCHEDULE OF FEES, RATES AND CHARGES
XXVIII. BUSINESS TAX:
Category No. ISub- Category No.
* * * * * * * * * *
Category
Fee
* * * * * * * * **
054.000
GUNS DEALER, includes repair (See note B and C, Ne
home occupation; requires federal firearms license)
* * * * * * * * * *
140.10
Notes:
A. Requires approval by the city council.
B. Requires city police department recommendation. The applicant shall complete a
background information report, executed under oath, and shall submit to a background
investigation, photograph, and fingerprints. The recommendation shall be based upon
the criteria set forth in section 29.41 and shall include a statement of the facts upon
which the recommendation is based.
C. Requires approval by the Planning Department.
D. Requires inspection, approval or license of state or county authority.
NOC - Not otherwise classified.
* * * * * * * * * *
Section 3. That Article 2, Zoning Districts, Chart 2 -100, Permitted Uses, Community
Development Code be amended to read as follows:
2
Accessory dwellings
X
X
X
X X
X
Attached dwellings
X
X
X
X
X
X
X
Community residential homes
X
X
X
X
X
X
X
X
Detached dwellings
X
X
X
X
X
X
X
X
Mobile homes
X
Mobile home parks
X
Residential infill projects
X
X
X
X
X
X
X
Adult uses
X
X
Airport
X
Alcoholic beverage sales
X
X
X
Animal boarding
X
X
X
Assisted living facilities
X
X
X
X
Automobile service stations
X
X
Bars
X
X
X
X
Brewpubs
X
X
X
Cemeteries
X
Community gardens
X
X
X
X
X
X
X
X
Comprehensive infill redevelopment
project (CRP)
X
X
X
X
X
X
X
Congregate care
X
X
X
X
Convention center
X
Educational facilities
X
X
X
X
Environmental park
X
Governmental uses
X
X
X
X
X
X
Halfway houses
X
Hospitals
X
Indoor recreation/entertainment
X
X
X
Light assembly
X
Manufacturing
X
Marinas
X
Marinas and marina facilities
X
X
X
X
Medical clinic
X
X
X
Microbreweries
X
X
Mixed use
X
X
X
X
Nightclubs
X
X
X
X
Non - residential off - street parking
X
X
X
X
Nursing homes
X
X
X
X
Offices
X
X
X
X
X
X
Off - street parking
X
X
3
Open space
X
Outdoor recreation/entertainment
X
X
X
X
Outdoor retail sales, display and/or
storage
X
Outdoor storage
X
Overnight accommodations
X
X
X
X
X
X
X
X
Parking garages and lots
X
X
X
X
X
X
Parks and recreation facilities
X
X
X
X
X
X
X
X
X
X
X
X
Places of worship
X
X
X
X
Planned medical campus
X
Planned medical campus project
X
Problematic uses
X
Public facility
X
X
Publishing and printing
X
Public transportation facilities
X
X
X
X
X
X
X
Research and technology use
X
Residential shelters
X
X
Resort Attached Dwellings
X
Restaurants
X
X
X
X
X
X
Retail plazas
X
X
X
Retail sales and services
X
X
X
X
X
X
X
X
RV parks
X
Salvage yards
X
Schools
X
X
X
X
X
X
X
X
Self- storage warehouse
X
X
Social and community centers
X
X
X
X
Social /public service agencies
X
X
X
X
Telecommunications towers
X
X
X
X
X
TV /radio studios
X
X
Urban farms
X
Utility/infrastructure facilities
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Vehicle sales /displays
X
X
Vehicle sales /displays, limited
X
X
Vehicle sales /displays, major
X
Vehicle service
X
Vehicle service, limited
X
Vehicle service, major
X
Veterinary offices
X
X
X
X
Wholesale /distribution/warehouse
facility
X
Section 4. That Article 2, Zoning Districts, Division 2, Low Medium Density
Residential District, Section 2 -204, Flexible Development, Community Development Code be
amended to read as follows:
4
Section 2 -204. - Flexible development.
The following Level Two uses are permitted in the LMDR District subject to the standards and
criteria set out in this section and other applicable regulations in Article 3.
Table 2- 204. "LMDR" District Flexible Development
Use
Min. Lot
Size
(sq. ft.)
Min. Lot
Width (ft.)
Min. Setbacks (ft.)
Max.
Height
(ft.)
Min. Off - Street
Parking
Front
Side
Rear
(1)
Attached Dwellings
10,000
100
25
5
15
30
2/unit
Detached Dwellings
3,000-
5,000
25-50
15-
25
2 -5
5-15
30
2/unit
Non-Residential Off-Street
Parking
n/a
n/a
25
10
10
n/a
n/a
Parks and Recreation Facilities
n/a
n/a
35
20
25
30
1 per 20,000 SF
land area or as
determined by
the community
development
director based
on ITE Manual
standards
Residential Infill Projects (2)
n/a
n/a
10-
25
0 -5
0-15
30
2/unit
Schools
40,000
200
35
25
15
30
1/3 students
(1)
Waterfront detached dwellings in LMDR District should be 25 feet except as provided in Article 3 Division 8,
Section 3 -805 and Division 9, Section 3 -904 and except where adjacent structures on either side of the
parcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet. The
Building Code may require the rear setback to be at least 18 feet from a seawall.
(2) The development standards for residential infill projects are guidelines and may be varied based on the
criteria specified in Section 2- 204(E).
(3) Non - residential parking lots shall not exceed three acres. Any such use, alone or when added to contiguous
like uses which exceed three acres shall require a land use plan map amendment to the appropriate land
use category.
* * * * * * * * **
Section 5. That Article 2, Zoning Districts, Division 3, Medium Density Residential
District, Section 2 -304, Flexible Development, Community Development Code be amended to
read as follows:
Section 2 -304. - Flexible development.
The following Level Two uses are permitted in the MDR District subject to the standards and
criteria set out in this Section and other applicable regulations in Article 3.
Table 2 -304. MDR" District Flexible Development
Use
Min. Lot
Size
(sq. ft.)
Min. Lot
Width (ft.)
Min. Setbacks (ft.)
Max.
Height
(ft.)
Min. Off - Street
Parking
Front
Side
Rear
(1)
Assisted Living Facilities
20,000
100
25
5
10
30-50
1 per 2
residents
5
Attached Dwellings
10,000
100
25
5
10
30-50
2/unit
Congregate Care
20,000
100
25
5
10
30-50
1 per 2
residents
Non - Residential Off- Street
Parking
n/a
Na
25
5
10
Na
n/a
Overnight Accommodations
20,000
100
25
5
10
30-50
1 /unit
Parks and Recreational
Facilities
n/a
n/a
35
20
25
30
1 per 20,000 SF
land area or as
determined by
the community
development
director based
on ITE Manual
standards
Residential Infll Projects(2)
n/a
n/a
125
0-5
10
30-50
2/unit
(1) The Building Code may require the rear setback to be as least 18 feet from any seawall.
(2) The development standards for residential infill projects are guidelines and may be varied based on the
criteria specified in Section 3- 304(G).
(3) Non - residential parking lots shall not exceed three acres. Any such use, alone or when added to contiguous
like uses which exceed three acres shall require a land use plan map amendment to the appropriate land
use category.
* * * * * * * * * *
Section 6. That Article 2, Zoning Districts, Division 7, Commercial District, Section 2-
703, Flexible Standard Development, Community Development Code be amended to read as
follows:
Section 2 -703. - Flexible standard development.
The following uses are Level One permitted uses in the "C" District subject to the standards and
criteria set out in this Section and other applicable provisions of Article 3.
Flexibility criteria:
F. Brewpubs.
2. Any overhead loading doors shall be located perpendicular to the abutting streets
and screened from adjacent properties by landscaped walls or fences.
K. Microbreweries.
* * * * * * * * **
* * * * * * * * * *
4. Any overhead loading doors shall be located perpendicular to the abutting streets
and screened from adjacent properties by landscaped walls or fences.
* * * * * * * * **
6
Section 7. That Article 2, Zoning Districts, Division 7, Commercial District, Section 2-
704, Flexible Development, Community Development Code be amended to read as follows:
Flexibility criteria:
D. Brewpubs.
2. Any overhead loading doors shall be located perpendicular to the abutting streets
and screened from adjacent properties by landscaped walls or fences.
J. Microbreweries.
* * * * * * * * * *
* * * * * * * * * *
4. Any overhead loading doors shall be located perpendicular to the abutting streets
and screened from adjacent properties by landscaped walls or fences.
* * * * * * * * * *
Section 8. That Article 2, Zoning Districts, Division 8, Tourist District, Section 2 -802,
Flexible Standard Development, Community Development Code be amended to read 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.
Table 2 -802. "T" District Flexible Standard Development Standards
Use'
Min. Lot
Area
(sq. ft.)
Min. Lot
Width
(ft.)
Max.
Height'
(ft.)
Min. Setbacks (ft.) '
Min. Off - Street
Parking
Min.
Front
(ft)
Min.
Side
(ft.)
Min.
Rear
(ft.)
Accessory Dwellings
n/a
n/a
n/a
n/a
n/a
n/a
1 /unit
Alcoholic Beverage Sales
5,000
50
35
10—
15
10
20
5 per 1,000
GFA
Attached Dwellings(6)
10,000
100
35-50
10—
15
10
10—
20
2 per unit
Bars
5,000
50
35
15
10
20
10 per 1,000
GFA
Brewpubs
5,000—
10,000
50-100
35-50
0-15
0-10
10—
20
1.5/1,000 GFA
dedicated to
brewery
operations and
support
services; and 7-
12/1,000 GFA
for all other use
area
Governmental Uses(2)
10,000
100
35-50
10—
15
0-10
10—
20
3- 4/1,000 GFA
Indoor
Recreation /Entertainment
5,000
50
35-50
0-15
0-10
20
10 per 1,000
GFA
Medical Clinic
10,000
100
35-50
10—
15
10
20
5/1,000 GFA
7
Mixed Use
5,000—
10,000
50-100
35-50
0-15
0-10
10—
20
Based upon
specific use
requirements
Nightclubs
5,000
50
35
15
10
20
10 per 1,000
GFA
Non-Residential Off-Street
Parking in
n/a
n/a
n/a
25
5
10
n/a
Offices
5,000—
10,000
50-100
35-50
0-15
0-10
10—
20
3/1,000 SF GFA
Outdoor
Recreation /Entertainment
5,000
50
35
10—
15
10
20
2.5 spaces per
1,000 sq. ft. of
lot area or as
determined by
the community
development
director based
on ITE Manual
standards
Overnight Accommodations
20,000
100—
150
35-50
10—
15
0-10
10—
20
1.2 per unit
Parking Garages and Lots
20,000
100
50
15—
25
10
10—
20
n/a
Parks and Recreation Facilities
n/a
n/a
50
25
10
20
1 per 20,000 SF
land area or as
determined by
the community
development
coordinator
based on ITE
Manual
standards
Public Transportation
Facilities(3)
n/a
n/a
10
n/a
n/a
n/a
n/a
Resort Attached Dwellings(6)
10,000
100
35-50
10—
15
10
10—
20
1.5 per unit
Restaurants
5,000—
10,000
50-100
35-50
0-15
0-10
10—
20
7 -12 spaces
per 1,000
GFA(5)
Retail Plazas
15,000
100
35-50
0-15
0-10
10—
20
4 spaces per
1,000 GFA
Retail Sales and Services
5,000—
10,000
50-100
35 - 50
0-15
0-10
10—
20
4-5 spaces per
1,000 GFA(5)
Social and Community Center
5,000—
10,000
50-100
35-50
10—
15
0-10
10—
20
4-5 spaces per
1,000 GFA
Utility /Infrastructure Facilities(4)
n/a
n/a
n/a
25
10
10
n/a
(7)
* * * * * * * * **
Non - residential parking lots shall not exceed three acres. Any such use, alone or when added to contiguous
like uses which exceed three acres shall require a land use plan map amendment to the appropriate land
use category.
Flexibility criteria:
E. Brewpubs.
* * * * * * * * * *
* * * * * * * * * *
2. Any overhead loading doors shall be located perpendicular to the abutting streets
and screened from adjacent properties by landscaped walls or fences.
8
* * * * * * * * * *
Section 9. That Article 2, Zoning Districts, Division 8, Tourist District, Section 2 -803,
Flexible Development, Community Development Code be amended to read as follows:
Flexibility criteria:
E. Brewpubs.
2. Any overhead loading doors shall be located perpendicular to the abutting streets
and screened from adjacent properties by landscaped walls or fences.
* * * * * * * * * *
Section 10. That Article 2, Zoning Districts, Division 9, Downtown District, Section 2-
902, Flexible Standard Development, Community Development Code be amended to read as
follows:
Flexibility criteria:
E. Brewpubs.
2. Any overhead loading doors shall be located perpendicular to the abutting streets
and screened from adjacent properties by landscaped walls or fences.
* * * * * * * * **
Section 11. That Article 2, Zoning Districts, Division 13, Industrial Research and
Technology (IRT) District, Section 2 -1303, Community Development Code be amended to read
as follows:
Flexibility criteria:
E. Microbreweries.
3. Any overhead loading doors shall be located perpendicular to the abutting streets
and screened from adjacent properties by landscaped walls or fences.
* * * * * * * * * *
Section 12. That Article 2, Zoning Districts, Division 15, Preservation District,
Community Development Code be amended to read as follows:
* * * * * * * * **
9
Section 2 -1502. — Minimum standard development.
The following uses are Level One permitted uses in the P District subiect to the minimum
standards set out in this section and other applicable provisions of Article 3.
Table 2 -1502. "P" District Minimum Standard Development Standards
Use
Min. Lot
Min. Lot
Min. Setbacks (ft.)
Max.
Min. Off- Street
Size
Width (ft.)
Front
Side
Rear
Height
Parking
fsg. ft.)
(ft.)
Environmental Park
n/a
n/a
n/a
n/a
n/a
n/a
1 per 40,000 SF
land area
Section 2 -1503. - Flexible standard development.
The following uses are Level One permitted uses in the Preservation District subject to the
minimum standards set out in this section and other applicable provisions of Article 3.
* * * * * * * * * *
Section 13. That Article 3, Development Standards, Division 8, Fences and Walls,
Section 3 -804, Height Requirements, Community Development Code be amended to read as
follows:
Section 3-804. - Height requirements.
The following height requirements shall apply to all fences, and walls, except chain link fences.
A. Front. Walls and fences located in front of a principal structure shall be permitted to a
maximum height of 36 48 inches with the following exceptions:
* * * * * * * * **
Section 14. That Article 3, Development Standards, Division 14, Parking and Loading,
Section 3 -1406, Off - Street Loading and Vehicle Stacking Spaces, Community Development
Code be amended to read as follows:
Section 3 -1406. - Off - street loading and vehicle stacking spaces.
A. Off - street loading:
* * * * * * * * * *
2. Guidelines: The following table sets forth the guidelines to be used in determining
the adequacy of off - street loading for all proposed development, except for such
development within the Downtown (D) and Tourist (T) districts where such
facilities are not required:
Industrial Light assembly,
manufacturing,
microbreweries, research and
technology, and wholesale/
distribution/ warehouse facili
Offices
5,000 - 15,000 sq. ft.
15,001- 50,000 sq. ft.
50,001- 100,000 sq. ft.
Each additional 100,000 sq. ft.
8,000 - 20,000 sq. ft.
20,001- 100,000 s• . ft.
One space
Two spaces
Three spaces
One additional space
One space
Two s • aces
10
* * * * * * * * * *
Section 15. That Article 3, Development Standards, Division 14, Parking and Loading,
Section 3 -1409, Handicapped Parking Spaces, Community Development Code be amended to
read as follows:
Section 3 -1409. - Handicapped parking spaces.
A. All new or expanded uses shall be provided with handicapped parking spaces based
upon the number of spaces required to serve the new or expanded use, as follows:
Total Spaces Required in Parking Lot
More than 100,000 sq. ft.
Three spaces
Ovemight accommodations not
associated with restaurants,
meeting/conference rooms or
other similar facility
N/A
None
Ovemight accommodations
associated with restaurants,
meeting / conference rooms or
other similar facility
N/A
One space
Brewpubs, Retail sales and
6,000 - 20,000 sq. ft.
20,001- 100,000 sq. ft.
Each additional 50,000 sq. ft.
One space
Two spaces
One additional space
service, and restaurants
* * * * * * * * * *
Section 15. That Article 3, Development Standards, Division 14, Parking and Loading,
Section 3 -1409, Handicapped Parking Spaces, Community Development Code be amended to
read as follows:
Section 3 -1409. - Handicapped parking spaces.
A. All new or expanded uses shall be provided with handicapped parking spaces based
upon the number of spaces required to serve the new or expanded use, as follows:
Total Spaces Required in Parking Lot
Number of Handicapped Spaces
1 —25
1
26 -50
2
51 —75
3
76 —100
4
101 —150
5
151 —200
6
201 — 300
7
301 — 400
8
401 — 500
9
501 —1,000
2 percent of total
Over 1,000
20 plus 1 for each 100 over 1,000
All handicapped parking spaces shall be conspicuously outlined in blue paint and posted
and maintained with permanent above -grade signs of a color and design consistent with
standards established by the Florida Department of Transportation, bearing the
international symbol of accessibility and the caption "PARKING BY DISABLED PERMIT
ONLY ". The required number of handicapped parking spaces shall be included in the
total number of parking spaces required for the new or expanded use. All handicapped
parking spaces shall be designed and located in accordance with the standards set forth
in F.S. § 316.1955(3), as may be amended from time to time.
B. For those properties that are currently developed, but are not in compliance with the
above requirements, the number of off - street parking spaces may be reduced below the
quantity which would otherwise be required pursuant to Article 2 as part of a Level One
(minimum standard) approval in order to achieve compliance with Section 3- 1409.A.,
above. Under no circumstances shall the number of off - street parking spaces being
reduced be greater than the minimum necessary to achieve compliance.
* * * * * * * * * *
11
Section 16. That Article 3, Development Standards, Division 18, Signs, Section 3-
1805, Community Development Code, be amended to read as follows:
Section 3 -1805. - General standards.
C. Illuminated signs.
* * * * * * * * **
* * * * * * * * * *
5. The Tight which illuminates a sign shall be shaded, shielded, or directed so that
no structure, including sign supports er- awnings, are illuminated by such lighting.
The above shall not be construed so as to prohibit an awning with signage from
being externally illuminated.
* * * * * * * * * *
Section 17. That Article 4, Development Review and Other Procedures, Division 2,
General Procedures, Section 4 -1202, Removal Permit - Application, Community Development
Code be amended to read as follows:
Section 4 -1202. - Removal permit — Application.
Any person who is required by this division to obtain a permit to remove a tree or palm shall
make written application to the community development coordinator on application forms to be
provided, accompanied by the fee required by Section 4- 202(E) and including the following
documentation:
A. Requirements for multi - family and all non - residential properties, and subdivisions.
1. A site plan showing the location of all protected trees and palms by size, canopy
and species, distinguishing the tree or trees proposed to be removed, the scaled
location of proposed tree barricades, existing and proposed structures, walks,
driveways, and parking areas and other improvements.
2. A tree inventory, prepared by a certified arborist, of all shade trees four inches
DBH and greater, accent trees two inches DBH and greater, and any other tree
as part of an approved landscape plan specifying the size, canopy, and condition
of such trees.
* * * * * * * * * *
Section 18. That Article 6, Nonconformity Provisions, Section 6 -102, Nonconforming
Structures, Community Development Code be amended to read as follows:
Section 6 -102. - Nonconforming structures.
* * * * * * * * **
12
B. Normal repair and maintenance, such as painting, cleaning, and repairing of same
nonconformity may be performed on nonconforming structures. However,
nonconforming structures shall be made to fully comply with the provisions of this Code,
provided the cost of repair of any structure or improvement at any time exceeds 50
percent of the assessed value of the entire structure. Assessed value shall be
determined by reference to the official property tax assessment rolls for the year the
structure or site improvement is destroyed or damaged.
* * * * * * * * **
D. Any part of a nonconforming structure which is destroyed or damaged to the extent of
less than 50 percent of the assessed value of the entire structure may be repaired or
restored if a complete and legally sufficient application for all required permits to repair
or restore the damage is submitted within six months of the date of the damage. Any
nonconforming structure which is destroyed or damaged to 50 percent or more of the
assessed value may be repaired or restored only if the structure conforms to the
standards of this Development Code for the zoning district in which it is located.
Assessed value shall be determined by reference to the official property tax assessment
rolls for the year the structure is destroyed or damaged. The extent of damage or
destruction shall be determined by the building official by comparing the estimated cost
of repairs or restoration with the assessed value.
* * * * * * * * **
F. Exemption: Any nonconforming structure that is used for affordable housing may be
exempted from subsections B or D, above, subiect to approval of a Level One (flexible
standard) application, and provided that the following criteria are satisfied:
1. The exemption will only apply to a bona fide affordable housing project as
verified by the City's Economic Development & Housing Department; and
2. The exemption will not apply to a structure in any area of special flood hazard
which is not elevated or flood - proofed to National Flood Insurance Program
standards, as set forth in 44 CFR 59 and 60; and
3. The exemption will not be contrary to the public interest; and
4. The exemption will not be contrary to the Florida Building Code or related
requirements to protect public safety; and
5. The exemption would have the effect of reducing the number of nonconforming
features of the structure or site or of reducing the degree of nonconformity of one
or more non - conforming feature(s) of the structure or site; and
6. The repair, alteration, or enlargement of the nonconforming structure would
provide for affordable housing consistent with the required covenants to maintain
affordability as set forth in Section 3- 920.A.4.
Section 19. That Article 7, Enforcement Proceedings and Penalties, Section 7 -103,
Remedies; Penalties, Community Development Code be amended to read as follows:
Section 7 -103. - Remedies; penalties.
* * * * * * * * **
13
B. Fines. Upon being notified by the code inspector that an order issued by the special
master or municipal code enforcement board has not been complied with within the time
established in such order or upon finding that a repeat violation has been committed, the
special master or municipal code enforcement board shall order the violator to pay a fine
to the city for each day the violation continues past the compliance date established in
its order or, in the case of a repeat violation, for each day the repeat violation continues,
beginning with the date : - _ .. _ - • - _ _ - _ _ - : - the repeat violation is
found to have occurred by the code inspector. Any fine the special master or municipal
code enforcement board imposes pursuant to this section shall not exceed $250.00 per
day for a first violation or $500.00 per day for a repeat violation. If the municipal code
enforcement board finds a violation to be irreparable or irreversible in nature, it may
impose a fine not to exceed $5,000.00 per violation.
* * * * * * * * * *
D. Restoration of landscaping/trees. In addition to the penalties provided in Chapter 1,
Section 1.12 of the City of Clearwater's Code of Ordinances, any person who violates
any provision of Article 3 Division 12 shall be required, as applicable, to:
1. Restore the vegetative buffer to its natural state; or
2. Pay to the city a eivil-penaity fine equal to the total value of these each protected
tree or palm trees illegally removed or damaged. The fine shall be $48.00 per
inch of DBH (or diameter of remaining stump), up to $5,000.00 per protected tree
or palm where it is found that the violation is irreparable or irreversible in nature.
The illegal removal of a Specimen tree is deemed to be an irreparable and
irreversible violation, subject to a fine of up to $15,000.00.
Such sum so collected shall be placed in a fund for the tree bank and shall be
expended for the purchase of trees for replacement in public properties within the
city; and /or
3. Replace illegally removed trees at the owner's expense. Such replacement will
be computed on an inch - for -inch basis according to the total inches of DBH
diameter of remaining stump) of all illegally removed trees; and
* * * * * * * * **
Section 20. That Article 8, Definitions and Rules of Construction, Section 8 -102,
Definitions, Community Development Code be amended to read as follows:
* * * * * * * * **
Dwelling unit means a building or portion of a building providing independent living facilities for
one family including provision for living, sleeping, sanitation and complete kitchen facilities. A
dwelling unit located on residentially zoned property shall be used only for a residential use,
unless otherwise specified, and shall not be used or occupied in interval ownership, in fractional
ownership, or as a timesharing unit.
* * * * * * * * **
Environmental park means a recreational area that is typically dependent on natural resources
and a natural outdoor environment. Activities shall have little, if any, adverse impact on a site
and are compatible with natural and /or cultural resource protection. Uses include, but are not
limited to, picnicking, hiking on multipurpose trails and /or boardwalks, outdoor educational
14
nature studies, kayaking /canoeing and launch facilities for same, wildlife viewing, horseback
riding on trails, and/or fishing.
* * * * * * * * * *
Medical clinic means an establishment where patients, who are not lodged overnight, are
admitted for examination and treatment by persons practicing any health
services to individuals,
, the practice
of which is lawful in the state and in the city. This definition does not include a place for the
treatment of animals nor does it include psychologists, social workers, massage therapists, and
physical therapists.
Protected tree means any
greater. shade tree four inches DBH or greater, and anv accent tree two inches DBH or greater,
and anv tree or palm as part of an approved landscape plan, but excluding all hazardous and
prohibited trees.
* * * * * * * * * *
- e -
* * * * * * * * **
Section 21. 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 22. 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 23. 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 24. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 25. This ordinance shall take effect immediately upon adoption.
15
PASSED ON FIRST READING
AS AMENDED
PASSED ON SECOND
READING
PASSED ON THIRD AND FINAL
READING
Appro ed as to
Camilo Soto
Assistant City Attorney
16
MAY 2 1 2015
JUN 0 3 2015
JUN 1 8 2015
eorte /1 Ut ths
George N. Cretekos
Mayor
Attest:
Rosemarie CaII
City Clerk
Ordinance 8715 -15