7884-07
ORDINANCE NO. 7884-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT
CODE RELATING TO LAND USE; AMENDING ARTICLE 8,
DEFINITIONS AND RULES OF CONSTRUCTION; AMENDING
SECTION 8-102, DEFINITIONS, BY ADDING A DEFINITION OF
"FRACTIONAL OWNERSHIP" AND REVISING FOR
CLARIFICATION PURPOSES THE DEFINITIONS OF "DWELLING
UNIT', "INTERVAL OWNERSHIPITIMESHARING UNIT', AND
"RESIDENTIAL USE" AS RELATES TO THE USE OR
OCCUPANCY OF DWELLING UNITS LOCATED ON
RESIDENTIALLY ZONED PROPERTY FOR USE AS
FRACTIONAL OWNERSHIP, INTERVAL OWNERSHIP OR
TIMESHARING UNITS; AMENDING THE DEFINITION OF
"OVERNIGHT ACCOMMODATIONS" TO ADDRESS
MEMBERSHIP GROUPS AND MEMBERS OF ASSOCIATIONS;
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, a purpose of the City of Clearwater Community Development Code is
to preserve neighborhoods as evidenced by provisions of Section 1-103, Section 8-102
and provisions of Article 2, Zoning Districts, regarding the intent and purpose of the
residential zoning districts; and
WHEREAS, historically, the City of Clearwater Code of Ordinances has not
permitted the interval ownership, fractional ownership, or timeshare use of dwelling units in
traditional residential neighborhoods; and
WHEREAS, conflict occurs when such uses, which are not traditional residential
uses, operate in residential neighborhoods; and
WHEREAS, the peace, safety and welfare of residents and owners in residential
zoning districts may be detrimentally affected by such uses and negative community
impacts can be generated by such uses; and
WHEREAS, the Clearwater Comprehensive Plan generally separates non-
residential from residential uses in such a way as to minimize the intrusion of off-site
impacts into residential neighborhoods; and
WHEREAS, the Community Development Board, pursuant to its responsibilities as
the Local Planning Agency, has reviewed this amendment, conducted a public hearing,
considered all public testimony and has determined that this amendment is consistent with
the City of Clearwater's Comprehensive Plan; and
Ordinance No. 7884-07
WHEREAS, the City Council has fully considered the recommendations of the
Community Development Board and testimony submitted at its public hearing; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 8-102, Code of Ordinances, is amended to read as
follows:
Sec. 8-102. Definitions.
For the purposes of this Development Code, the following words and terms have
the meanings specified herein:
*****
Dwelling unit means a building or portion of a building providing independent
living facilities for one family including provision for living, sleeping, and complete
kitchen facilities. A dwelling unit located in any residontial zoning district on residentially
zoned property shall be used only for a residential use, unless otherwise specified -;-.1.
and shall not be used or occupied in interval ownership. in fractional ownership, or as a
timesharinq unit.
*****
Fractiona/ownershio means the ownership in fee simple of a portion of a unit
where title to the unit is divided by time interval. whether or not the unit is occupied by
the fractional owner or by the public, by members of a membership qrouP. or by
members or an association. No dwellinq unit located on residentially zoned property
shall be used or occupied in fractional ownership.
*****
Interval ownership/timesharing unit means an overnight accommodation, the
ownership or contractual use of which is for a specified period of time, designed to be
utilized as a temporary place of residence and counted as a hotel room for the purpose
of applying the density standards of this development code. No dwellinq unit located on
residentially zoned property shall be used or occupied in interval ownership or as a
timesharinq unit.
* * * * *
Overnight accommodations means any use that provides transient lodging
accommodations to the public. a membership qroup, or members of an association,
including interval ownership. Allowable accessory uses shall be integral to the principal
use and may include, but shall not be limited to, offices, restaurants and retail provided
such uses are integral to the primary use.
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Ordinance No. 7884-07
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*****
Residential use means a permanent place of residence for a family. A
residential use located in any residential zoning district on residentiallv zoned property
shall not include rentals for periods of less than 31 days or one calendar month,
whichever is less, or which is advertised or held out to the public as a place rented for
periods of less than 31 days or one calendar month, whichever is less. A residential
use located on residentiallv zoned property shall not include an interval ownership. a
fractional ownerhip. or a timesharinq unit.
*****
Section 2. 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 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
October 17, 2007
PASSED ON SECOND AND FINAL
READING AND ADOPTED
November 1, 2007
\ -=t..~..~ p-( ~
Frank V. Hibbard '
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Si
Assistant City Attorne
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Ordinance No. 7884-07