5970-96AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE LAND DEVELOPMENT CODE; AMENDING
SECTION 42.21, CODE OF ORDINANCES, TO 'PROVIDE FOR
IMPROVED CLARITY CONCERNING THE APPLICATION OF
LANDSCAPING AND PARKING STANDARDS FOR
NONCONFORMITIES, AND TO ALLOW NONCONFORMING
HEIGHTS TO BE RETAINED AT PRIOR NONCONFORMING
LEVELS IN THE EVENT OF DAMAGE, DESTRUCTION OR
RECONSTRUCTION TO AN EXTENT EQUIVALENT TO OR
GREATER THAN FIFTY PERCENT OF APPRAISED VALUE;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Sction1. Section 42.21, Code of Ordinances, is amended to read:
Sec. 42.21. Nonconformities.
(1) Purpose. It is recognized that, over time, lawful nonconformities may develop as a
result of amendments to the zoning atlas or land development code which change the application
of city development regulations to particular properties. It is important that such properties, while
nonconforming, be adequately maintained and permitted to continue, but not expanded or
enlarged. Where possible, such nonconformities should be made, wholly or incremetally,
conforming.
(2) Application. The provisions of this section apply only to lawful nonconformities, except
as noted below. Unlawful nonconformities are considered violations of this development code.
Nonconformities associated with signs are not governed by this section, but are governed by
chapter 44.
(3) Definitions. As used in this section, the following terms have the meaning ascribed to
them below:
(a) Dimensional nonconformity means any nonconformity involving a dimensional or
numerical development requirement. This may include, without limitation,
nonconformities associated with density, lot area, lot width, lot depth, setbacks,
height, floor area ratio, building coverage, open space, number of parking spaces,
size of parking spaces or travel aisles, landscaping area or material requirements,
vegetative buffer width, flood elevation or protection requirements, coastal
constructlor,f,-mtrol line setbacks, or separation requirements between particular
uses or zoM
(b) Lawful nonconformity means any nonconformity involving a dimensional or
numerical requitement or use of property that affects a structure erected or a lot
created h conformity with the then - applicable development requirements of the
OrdinAded Nj. 5970 -96
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city, but subsequently made nonconforming by action of the city through a zoning
atlas or land development code amendment.
(c) Nonconforming use means any nonconformity involving the use of property. This
may include, without limitation, nonconformities associated with a use not
permitted in the zoning district in which it is located, or a use conditionally allowed
in the zoning districts in which it is located but for which no conditional use permit
has been obtained.
(4) Dimensional nonconformities.
(a) Vacant land having one or more dimensional nonconformities may be used for any
permitted or conditional use allowed in the zoning district in which the land is
located provided that any structure proposed for the use meets all applicable
dimensional and numerical requirements.
(b) Structures having one or more dimensional nonconformities may be used for any
permitted or conditional use allowed in the zoning district in which the structure is
located and o�� n any chaIIge in such use shall comply with the requirements of
the landscaping and parking standards of sections 42.27 and 42 34 respectively.
Such structures may be expanded or enlarged, provided the extent of the
applicable nonconformity is not increased or new nonconformities are not created.
If damaged, destroyed, or reconstructed to an extent equal to or greater than fifty
percent of their appraised value, such structures shall meet all applicable
dimensional and numerical requirements, except height. density or floor area ratio
which may be retained at the prior nonconforming level but not increased.
(5) Nonconforming uses.
(a) A nonconforming use is allowed to continue unless the use is discontinued for a
period of 365 or more consecutive days, and there are no substantial good faith
efforts to re- establish the use during this period. Thereafter, the structure or
property associated with the use may be used only for a conforming use.
Conditional uses discontinued for a period of 365 or more consecutive days shall
be regarded as nonconforming uses and shall not be re- established without new
conditional use permit approval.
(b) If a structure in which a nonconforming use is located is damaged, destroyed, or
reconstructed to an extent equal to or greater than fifty percent of the structure's
appraised value, the structure shall be reconstructed in conformance with all
applicable dimensional and numerical requirements, except that a nonconforming
single- family residential use may be reconstructed within the associated structure's
original setbacks.
(b) A nonconforming use may be allowed to be replaced by another nonconforming
use of lesser intensity upon approval of a conditional use permit by the planning
ordinance No, 5070.95
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and zoning board. In addition to finding that the proposed conditional use meets
the general standards of approval for conditional uses of section 41.052, the board
shall also find that the proposed use is more nearly compatible with the
surrounding properties than the nonconforming use which it replaces, as measured
by traffic or noise generation, site activity, hours of operation, and other factors that
the board finds relevant to differentiate between the uses.
s9ection 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND
FINAL READING AND ADOPTED
Approved as to form and
legal sufficiency:
Leslie K. Dougall- 8'd s
Assistant City Attorney
3
March 21, 1996
April 4, 1996
Rita Garvey, Mayor -Commi 0 oner
Attest:
0 G -
Cynthia E.Goudeau
City Clerk
OntirA is No. $010.06