6028-96ORDINANCE NO. 6028 -96
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AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO THE LAND DEVELOPMENT
CODE; AMENDING SECTION 45.23, CODE OF
ORDINANCES, TO EXCLUDE CITY -OWNED PROPERTY
FROM ELIGIBILITY FOR MINOR VARIANCE
CONSIDERATION AND TO EXCLUDE ANY PROPERTY
FROM ELIGIBILITY FOR MINOR VARIANCE
CONSIDERATION WHERE VARIANCES ARE GRANTED IN
EXCESS OF SPECIFIED LIMITS; TO ALLOW MINOR
VARIANCES FOR FREESTANDING SIGN SETBACK UP TO
FIVE FEET; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF TEE CITY
OF CLEARWATER, FLORIDA:
ae,. .ion 1. Section 45.23, Code of Ordinances, is amended to read:
Sec. 45.23. Procedures.
(3) A minor variance may be approved by the development code administrator without
public hearing or authorization by the development code adjustment board or the city commission.
An application for minor variance shall comply with the submission requirements of section 45.22;
however, a minor variance shall not be subject to the notice and hearing requirements of Article IV
of Chapter 36. An applicant may request to go through the full variance procedures of this chapter
if the decision made by the development code administrator is not acceptable to the applicant C
A minor variance may consist of one or more of the following:
(a) Side setback. Variation of a side setback of no more than ten percent or two feet,
whichever is less.
(b) Rear setback. Variation of a rear setback of no more than ten percent or five feet,
whichever is less.
(c) Street setback. Variation of a street setback of no more than ten percent or five
feet, whichever is less.
(d) Open space. Variation of an open space requirement of no more than five percent.
(e) Front yard open space. Variation of a front yard open space requirement of no
more than five percent.
(f) Landscaping.
1. interior parking lot. Variation of the required interior landscaping for a
parking lot to require less than six percent, but not less than five percent, of
ordinance No. 6028 -96
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the total paved area of the parking lot or vehicular use area to be landscaped.
2. Abutting streets. Variation of the required width of perimeter landscaping
abutting a street of no more than one foot.
3. Abutting adjacent property. Variation of the required width of perimeter
landscaping abutting an adjacent property of no more than one foot.
(g) Number of parking spaces. Variation of the number of parking spaces of no more
than ten percent, with the maximum number of parking spaces being varied limited
to ten.
(hi) Fence height. Variation of fence height of no more than six inches.
O Fence setback. Variation of a fence setback from a street right -of -way of no more
than six inches for the entire fence on any one side of a lot, or up to three feet for
no more than ten percent of the length of the fence on any one side of a lot.
qk) Fence landscaping. Variation of required landscaping associated with a fence of no
more than ten percent of the length of the fence on any one side of a lot.
Signs. Variation of freestanding sign height of no more than two feet, of
freestanding sign setback of up to five feet ' s€
a4et, and of freestanding or attached sign area of no more than ten percent.
Section 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 Doug• - Sides Asst. City Attorney
2
July 18, 1996
August 1, 1996
Rita Garvey, Mayor -Com ssioner
Attest:
Cyn is E. Goudeau, City Clerk
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