5296-92CE
ORDINANCE NO. 5296-92
V
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND
DEVELOPMENT CODE; AMENDING OR CREATING VARIOUS SECTIONS WITHIN CHAPTER
135, CODE OF ORDINANCES, TO REVISE THE CORRELATION OF THE ZONING
DISTRICTS WITH THE COMPREHENSIVE PLAN; TO CREATE A NEW SINGLE FAMILY
RESIDENTIAL "ONE" DISTRICT, A NEW MULTIPLE FAMILY RESIDENTIAL "TEN"
DISTRICT, AND NEW RESEARCH, DEVELOPMENT, AND OFFICE PARK,
PUBLIC/SEMIPUBLIC AND URBAN CENTER PLANNED DEVELOPMENT DISTRICTS; TO
REVISE THE ALLOWABLE DENSITY, OPEN SPACE, AND FLOOR AREA RATIO
REQUIREMENTS OF VARIOUS ZONING DISTRICTS; TO CONSOLIDATE THE AQUATIC
LANDS/COASTAL AND AQUATIC LANDS/INTERIOR DISTRICTS INTO A NEW
PRESERVATION DISTRICT; TO CREATE THE ACTIVITY CENTER/PRIMARY AND ACTIVITY
CENTER/ SECONDARY OVERLAY DISTRICTS; AND TO CALCULATE RESIDENTIAL DENSITY
ON THE BASIS OF GROSS DENSITY, RATHER THAN NET DENSITY; AMENDING SECTION
135.011, CODE OF ORDINANCES, RELATING TO TRANSFERS OF DENSITY ACROSS THE
COASTAL CONSTRUCTION CONTROL LINE AND OTHER AREAS; AMENDING SECTION
136.012, CODE OF ORDINANCES, RELATING TO DENSITY OF TOWNHOUSE
DEVELOPMENTS; AMENDING SECTION 136.014, CODE OF ORDINANCES, RELATING TO
FLOOR AREA FOR HOTEL AND MOTEL UNITS; AMENDING SECTION 136.021, CODE OF
ORDINANCES, RELATING TO DENSITY FOR RECREATIONAL VEHICLE PARKS; AMENDING
SECTION 136.029, CODE OF ORDINANCES, TO REFER TO PRESERVATION DISTRICTS
INSTEAD OF AQUATIC LANDS DISTRICTS; AMENDING SECTION 137.005, CODE OF
ORDINANCES, RELATING TO DEFINITIONS; AMENDING SECTION 137.015, CODE OF
ORDINANCES, RELATING TO THE STANDARDS FOR APPROVAL FOR ZONING ATLAS
AMENDMENTS; AMENDING SECTION 137.016, CODE OF ORDINANCES, TO REFER TO THE
"COUNTYWIDE PLANNING AGENCY" RATTIER THAN THE "COUNTY PLANNING COUNCIL;"
REPEALING SECTIONS 135.171 THROUGH 135.175, CODE OF ORDINANCES, RELATING
TO THE AQUATIC LANDS-INTERIOR DISTRICT; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 135.005, Code of Ordinances, is amended to read:
Sec. 135.005. Correlation of zoning districts with comprehensive land use plan.
No development shall occur other than as is consistent with these zoning
regulations and the city comprehensive land use plan. For the purpose of correlating
these zoning districts with the land use plan and determining consistency between such
districts and plan classifications, the following shall apply:
W The Single Family Residential "One" District shall be consistent with the
residential estate plan classification.
j2j The Single Family Residential "Two"_District _ shall be consistent with the
residential suburban residential plan classification.
M The Single Family Residential "Four" District shall be consistent with
the residential low residential plan classification.
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JL -?14 The Single-Family Residential "Two", IlFeur'; -"Six and "Fight"
Districts, the Multiple-Family Residential "Eight" District and the Mobile Home Park
District, and the Res4dential Planned Deyelepment 94str4et (;;17h a net density of net
Mor-e-*_h_AA ??` nits pep aer shall be consistent with the urban mow deRsity
residential plan classification.
(5) 44? The Multiple--Family Residential "Ten" "Twelve" and "Sixteen" District
?'`v-tact-and the Mobile Home Park District; afl c?R?^ruci l Planned O '- vpns"_
piet 1,;-,.-h a net density of Fnepe than eight (8) units but not mere th;;A gig*
1 }-+ tis per aere) shall be consistent with the
residential low medium density 'aerWenti l plan classification.
_(§j 4-3- The Multiple-Family Residential "Twelve" and "Sixteen" "Twenty-
,
"Twenty four" -ae "Twenty-eigbVL Districts
eight (2`8 unfit peg-eer-e} shall be consistent and applied oRly 4n eenjune with
the high dens residential medium plan classification,- unless otherwise permitted
within this section.
(7) The Multiple-Family Residential "Twenty," "Twent -four " and "Twenty-
4 -t,4-tt R:.-4..,.:.+3.- .."?11 t,- ---,4-3---a- ...: 3.1" 3•L, r. ....... , 4-... 3•., 1 V.4e 1, -3 , n n1,rr y-F yn, 4- 4nn
he Limited and General Office Districts shall be
idential/office limited classification unless otherwise permitted within this
191 ?4 The Limited and General Office Districts, and the Multiple-Family
Residential "Twelve" and "Sixteen" Districts, the Ressidential Planned Ge,ielgpffienr
f3
Distr4et (with a net den 4 - of more than eight (8) winiFtEP
shall be
t
(16) un4ts per gross ae?_/
L consistent and appl; '-e ly 4,LGenjunet;_ `rith the residential/office general plan
classification unless otherwise permitted within this section.
1D 4x.4 The Resort Commercial "Twenty-four" and "Twenty-eight" Districts, the
Neighberheed, each, General and Highway Commercial District 04ztr4et;-he
Gemmereial Center-District and the Beach Commercial Planned Development District shall
be consistent died--only in eenjunetion i th the resort facilities nigh
plan classification.
11 44? The Urban Center District (including the Bayfront, Core Transition
and Eastern Corridor subdistricts) and the Urban Center Planned Development District
shall be consistent and appl4ed only in ith the Central Business Dewpt-ewi+
?eyel pma„f-_ District {plan classification.
I2 The Neighborhood Commercial District shall be consistent with the
commercial limited or commercial neighborhood plan classification unless otherwise
permitted within this section.
13 The General Commercial Commercial Center and Highway Commercial Districts
shall be consistent with either the re_sidentia lof_fice/retail or commercial limite_d_
nlan classifications unless otherwise permitted within this section.
141 The North Greenwood Commercial, Neighborhood Commercial,- General
omnercial, Highway Commercial and Commercial Center Districts sha l_I_be consistent
ith the commercial neneral plan classification._ '
2
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.i ly
.' ,.l 4
04
15 - The Research Development and Office Park District 6ifflited '
nom- t and the Research Development and Office Park Planned Development District
industpiai Planned DawelePment Distri shall be consistent andapplied eni., in
-.junction with the industrial limited plan classification.
18 4* The Open Space/Recreation District and the Recreational Planned
Development District shall be consistent and applied only in eqnjunet4en with the
recreation/open space plan classification.
19 The Preservation District shall be consistent with the reservation Zan
classification.
5
Section 2. Article II of Chapter 135, Code of Ordinances, is amended to read:
ARTICLE II. ZONING DISTRICTS
Division l.-Single-Family Residential "One" District RS 1
Sec. 135.0051 General description.
istrict is created to rovide a low density residential di
fitted density of one (1 dwel 1 ina unit Der'acre. Land areas
3
s,?96-9z
17 X44 The Public/Semipublic District and the Public/Semipublic Planned
Development District shall be consistent and applied only 4n ith the
institutional or trans artation utiiit wk,'__. puh: ;.- plan classifications
el ssif leaden
21 4444 The Floodplain Overlay District and Historic Overlay District shall
be consistent an may be applied in conjunction with any comprehensive land use plan
classification.
Sec. 135.0052 Establishment/Contraction.
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Sec. 135.0053. 'Permitted uses.
Within Single-Family Residential "One" Districts, only the following uses (and
structures designed for such,uses) shall be permitted:
Detached single-family dwellings.
(2) Family care.
M Accessory uses.
Sec. 135.0054. Conditional uses.
Within Single-Family Residential "One" Districts the following use may be
permitted as a conditional use:
Reserved.
Sec. 135.0055. Use limitations.
Up to two horses may be kept on a lot with an area of one acre or more.
Family care.
Accessory-uses shall comply with all terms contained in section 136.008.
14) All uses, ?whether _permitted,_ conditional or nonconforming,_ shall be
conducted in consonance with the use standards contained in section 136.005.
Sec. 135.0056. Dimensional and numerical development requirements.
The following dimensional and numerical requirements shall apply to all
development with Single Family Residential "One" Districts:
Maximum density: One dwelling unit per gross acre.
L21 Minimum lot area per dwelling unit: one acre (43,560 square feet).
_C31 Minimum lot width at setback line:
a. Interior lots: 100 feet.
b. Corner lots: 120 feet.
Minimum lot depth:-
a. Standard lots: 100 feet.
b. Double frontane lots: 125 feet.
151 Minimum setbacks: Each structure shall be subject to the following minimum
setbacks, or to any greater setback requirements which may be applicable to a articu-
lar property in accordance_ with _the _ uniform development regulations contained in
chapter 136..
1?
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a.
1.
2.
3.
b.
1.
2.
3.
S
.?. Maximum building coverage: 25 per cent.
Minimum _open _space-
a. For the lot: 60 per cent of the lot area.
T.- For the front yard: 75 er cent of the front and area. '.?
Division 2 4. Single-Family Residential "Two" District (RS 2)
Sec. 135.006. General description.
This district is created to provide a low density residential district with a
maximum permitted density of 1.8 twe- 2) dwelling units per gross mq- acre. Land areas
assigned this zoning are reserved for single-family residential development.
t Sec. 135.011. Dimensional and numerical development requirements.
The following dimensional and numerical requirements shall apply to all
development within Single-Family Residential "Two" Districts:
(1) Maximum density: 1.8 Two (2) dwelling units per gross fie?t acre.
Division 3 -9. Single-Family Residential "Four" District (RS 4)
Sec. 135.012. General description.
This district is created to provide a low density residential district with a
acre. Land
Ret-
maximum permitted density of 3.75 *ew-k-04 dwelling units per orris
areas assigned this zoning are reserved for single-family residential development.
Sec. 135.017. Dimensional and numerical development requirements.
5
i
.Principal and accessory--structures:
From a street right-of-way: 35 feet.
From a side property line: 15 feet.
From a rear property 'line: 25 feet.
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The following dimensional and numerical requirements shall apply to all
development within Single-Family Residential "Four" Districts:
(1) Maximum density: 3.75 Four (4) dwelling units per gross *et- acre.
Division 4 -3, Single-Family Residential "Six" District (RS 6)
i Sec. 135.018. General description.
This district is created to provide a low density residential district with a
maximum permitted density of 5.5 sk (6) dwelling units per gross acre. Land areas
assigned this zoning are reserved for single-family residential development.
Sec. 135.023. Dimensional and numerical development requirements.
r
The following dimensional and numerical requirements shall apply to all
development within Single-Family Residential "Six" Districts:
(1) Maximum density: 5.5 Six (6) dwelling units per gross *et- acre.
Division 5 4. Single-Family Residential "Eight" District (RS 8)
Sec. 135.024. General description.
This district is created to provide a low density residential district with a
maximum permitted density of 7.5 ? dwelling units per gross fe4 acre. Land
areas assigned this zoning are reserved for single-family residential development.
Sec. 135.029. Dimensional.and numerical development requirements.
The following dimensional and numerical requirements shall apply to all
development within Single-Family Residential "Eight" Districts:
(1) Maximum density: 7.5 Eight (8) dwelling units per gross f(cxt acre.
Division 6 -5. Multiple-Family Residential "Eight" District (RM 8)
Sec. 135.030, General description.
This district is created to provide a low density residential district with a
maximum permitted density of 7.5 e4ght (8) dwelling units per gross acre. Land
areas assigned this zoning are reserved for single-family, two-family, three-family
6
and/or multiple-family residential development.
Sec.-135.035. Dimensional and numerical development requirements for two-family
dwellings.
The following dimensional and numerical requirements shall apply to two-family
dwelling development within Multiple-Family Residential "Eight" Districts:
(1) Maximum density: 7.5 Vii:-(9). dwelling units per rg oss *etr acre.
Sec. 135.036. Dimensional and numerical development requirement for three-
family dwellings.
The following dimensional and numerical requirements shall apply to three-family
dwelling development within Multiple-Family Residential "Eight" Districts:
(1) Maximum density: 7.5 Ei-ght- 8),dwelling units per rQ oss *etr acre.
Sec, 135,437. Dimensional and
The following dimensional and n
within Multiple-Family Residential
elsewhere:
(1) Maximum density: 7.5 E4
numerical development requirements.
umerical requirements shall apply to development
"Eight" Districts not expressly regulated
ght (8) dwelling units per gross acre.
Division 7. Multiple-Family Residential "Ten District_ (RM_ 10)_
Sec. 135.0371. General description.
r,
Family Residential "Ten" District and that no existing Multi le-Famii Residential
"Ten" District be contracted to an area of less than four acres, unless the city
commission determines by ordinance that a reduced area is in the public interest.
Sec. 135.0373. Permitted uses.
7
52%-9a
Sec. 135,0372. Establishment contraction.
-FamilyResi?de-ntial "Ten" Districts
r%*, CIIr•h 14Con c l chat] hn nrk"Mti+*nrl6
Multiple-family dwellings.
,(2) Townhouses.
Three-family dwellings.
Two-family dwellings.
i
Detached single-family dwellings.
's
Family care.
Level I group care.
,(8) Accessory uses.
Sec. 135.0374. Conditional uses.
i Within Multiple-Family Residential "Ten*' Oistricts, the following uses may be
permitted as conditional uses:
Level II group care.
Congregate care.
3 Noncommercial parking.
Residential shelters.
'. Sec. 135.0375. Use limitations.
f (1) Townhouses shall be governed by the dimensional and numerical development
requirements contained in section 136.012.
(22) Detached single-family dwellings shall be governed by the dimensional and
numerical development requirements of the Single-Family Residential Eight" District
contained in section 135.029.
Family, group and congregate care facilities shall. comply with section
x36.020.
Accessory uses shall comply with section. 136_008._
L51 All uses, whether permitted, conditional or nonconforming, shall be
conducted in consonance with the use standards contained in section 136.005.
c. 135.0376. Dimensional and numerical development requirements for two-
8
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Ine To iiowin aimensionai ana numericai requirements snaII
(welling development within Multiple-Family Residential "Ten" Q
ja Maximum density: Ten dwelling units per gross acme.
(2) Minimum lot area: _7, 7,000 square feet.
J31 Minimum lot width at setback line:
a. Interior lots: 70 feet.
T. Corner lots: 90 feet.
4 Minimum lot depth:
a. Standard lots: 100 feet.
T. Double frontage lots: 125 feet.
a. Principal and accessory structures:
1. From a street right-of-way: 25 feet.
2. From a side property line: 6 feet.
3. From a rear property line: 10 feet._
b. In-ground swimming pools and screene
1. from a street right-of-wa: 25 feet.
2. from a side property line: 6 feet.
3. from a rear property line: 8 feet.
(6) Maximum height: 30 feet-,--except that
sed or reduced in accord with the auplicable_I
ctions, and other regulations contained in se
Maximum building coverage: 42 percent.
Minimum open space:
a. For the lot: 35 per cent of the _lot are
b. For the front yard: 50 per cent of the
onus orovisi
i
U.-
fro nt yard
Sec. 135.0377. Dimensional and numerical development reau
dwel l i nqs._
The following dimensional and numerical requirements shall a
n development within Multiple-Family Residential „Ten" D.
ill Maximum densit : 10 dwelling units per gross acre.
,L Minimum lot area: 10,000 square feet.
9
0
0
M Minimum lot width at setback line:
a. Interior lots: 80 feet.
G-- Garner lots: 100 feet.
.(Al Minimum lot depth:
a. Standard lots: 100 feet.
T. Double frontage lots: 125 feet.
a.
1.
2.
3.
b.
1.
2.
3.
J
(7) Maximum building coverage: 42 percent.
Minimum open space:
a. For the lot: 35 per cent of the lot area.
b. For the front yard: 50 per cent of the front and area.
Sec. 135.0378. Dimensional and numerical development requirements.
The following-dimensional and numerical re uirements shall apply to d{
within Multi le-Famil Residential "Ten" Districts not expressly regulated i
Maximum.density: 10 dwelling units per gross acre.
Minimum lot width at setback line: 100 feet.
OY Minimum lot depth: 100 feet.
Minimum setbacks: Structures shall be afforded setbacks which m
less than hereinafter set forth or less than an higher standard whi
a licable in accord with the uniform development regulations contained
136-
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t
a. Principal and accessor structures:
ZU
Principal and accessory structures:
From a street right-of-way:-23 feet._
From a side property-line.--8 feet._
Trom a rear property lines 12 feet.
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1.
2.
3.
b.
1.
2.
3.
I%W
M Maximum building coverage: 42 per cent.
17) Minimum open space:
a. For the lot: 35 per cent of the lot area.
67 For the front yard: 50 per cent of the front vard area.
Maximum number of units in a-row. per structure: 7 units.
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Division 8 4. Multiple-Family Residential "Twelve". District (pM 12)
Sec. 135.038. General description.
This district is created to provide a medium density residential district with
a maximum permitted density of 11.5 tvielve -124 dwelling units per gross +let acre.
Land areas assigned this zoning are reserved for single-family, two-family, three-
family and/or multiple-family residential development.
Sec. 135.043. Dimensional and numerical development requirements for two-family
dwellings.
The following dimensional and numerical requirements shall apply to two-family
dwelling development within Multiple-Family Residential "Twelve" Districts:
(1) Maximum density: 11.5 T?welye--(12 dwelling units per gross +it-t acre.
Sec. 135.044. Dimensional and numerical development requirements for three-
11
From a street right-of-way: 25 feet:
From a side,_progerty line: 10 feet`
From a rear ro ert line: 15 feet.
family dwellings.
The following dimensional and numerical requirements shall apply to three-family
dwelling development within Multiple-Family Residential "Twelve" Districts:
(1} Maximum density: 11.5 Tiyelye( dwelling units per gross Ptet acre.
Sec. 135.045. Dimensional and
The following dimensional and n
within Multiple-Family Residential
elsewhere:
(1) Maximum density: 11.5 -T?
numerical development requirements.
imerical requirements shall apply to development
"Twelve" Districts not expressly regulated
Te1ye (12 dwelling units per gross fte4 acre.
Division 9 ?. Multiple-Family Residential "Sixteen" District (RM 16)
Sec. 135.046. General description.
This district is created to provide a medium density residential district with
a maximum permitted density of 15 sixteen } dwelling units per gross *et- acre. Land
areas assigned this zoning are reserved for single-family, two-family, three-family
and/or multiple-family residential development.
Sec. 135.051. Dimensional and
The following dimensional and n
within Multiple-Family Residential
elsewhere:
(1) Maximum density: 15
numerical development requirements.
umerical requirements shall apply to development
"Sixteen" Districts not expressly regulated
teen (16) dwelling units per gross fret- acre.
Division 10 8. Multiple-Family Residential "Twenty" District (RM 20)
Sec. 135.052. General description.
This district is created to provide a high density residential district with
a maximum permitted density of 18.5 twenty (204 dwelling units per gross *e-t acre.
The preferred land use in this district is multiple-family development.
Sec. 135.057. Dimensional and numerical development requirements.
12
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I
The following dimensional and numerical requirements shall apply to development
within Multiple-Family Residential "Twenty" Districts not expressly regulated
elsewhere:
(1) Maximum density: 18.5 Twenty! (24 dwelling units per gross *e-t- acre.
Division 11 -9. Multiple-Family Residential "Twenty-four" District (RM 24)
Sec. 135.058. General description.
This district is created to provide a high density residential district with
a maximum permitted density of 22.5 t-we ?ty-f-owr 04.) dwelling units per gross fled
acre. The preferred land use in this district is multiple-family development.
Sec. 135.063. Dimensional and numerical development requirements.
The following dimensional and numerical requirements shall apply to development
within Multiple-Family Residential "Twenty-four" Districts not'expressly regulated
elsewhere:
(1.) Maximum density: 22.5 Tweet form (24) dwelling units per gross Pet acre.
Division 12 4-G. Multiple-Family Residential "Twenty-eight" District (RM 28)
Sec. 135.064. General description.
This district is created to provide a high density residential district with
a maximum permitted density of 26 twenty e4a,ht dwelling units per gross Oet- acre.
The preferred land use in this district is multiple-family development.
Sec. 135.069. Dimensional and numerical development requirements'
The following dimensional and numerical requirements shall apply to development
within Multiple-Family Residential "Twenty-eight" Districts not expressly regulated
elsewhere:
(1) Maximum density: 26 Twenty e4ght (29) dwelling units per ross feet- acre.
Division 13 44-. Mobile Home Park District (RMH)
Sec. 135.074. Dimensional and numerical development requirements.
Unless specifically preempted by the following section 135.075, the following
1 J3
5a94 -9z 1
dimensional and numerical requirements shall apply to all development within Mobile
Home Park Districts:
(1) Maximum park density: 9.5 Tefl-(-Ig) mobile home units per gross acre,
icts which a
(9) Recreation area: Not less than ten (10) per cent of the gross *et- land
area of the mobile home park shall be reserved, designed and improved for the
exclusive recreational use of the mobile home park residents.
Division 14 4-2-. Planned Development District (--PD)
Sec. 135.077. Subdistricts.
The planned development district shall be comprised of the following 9 six (6)
Subdistricts, the preferred land use in each implied by the subdistrict title:
s
I
(1) Residential Planned Development District (RPD).
(2) Office Planned Development District (OPD).
(3) Commercial Planned Development District (CPD).
(4) Industrial Planned Development District (IPD).
.C51 Research, Development and Office Park Planned Development District RDPD).
(66,)Recreational Planned Development District (RecPD).
(7) (-?} Clearwater Beach Planned Development District (CBPO).
18, Public/Semipublic Planned Development District (PSPPD).
Urban Center Planned Development Di's-trict (UCPDO)._
Sec. 135.078. Establishment/contraction.
It is intended that four (4) acres or more be provided to establish a new
Residential, Office, Commercial, Industrial, Research, Development and Office Park,,
Public Semi ublic Urban Center or Clearwater Beach Planned Development District and
that 50 fifty (5 acres or more be provided to establish a Recreational Planned
Development District, unless le@4sl'? ;,,^1Y r?,,,_^r.+»1ne- determined by ordinance
eit-y--c$mmiss4en to be in the public interest. Furthermore, it is intended that no
existing Residential, Office, Commercial, Industrial or Clearwater Beach Planned
Development District be contracted to an area of less than four +4 acres, and that
no existing Recreational Planned Development District be contracted to an area of less
than 50 -1174-f-tj-X frn? acres, unless the city commission determines b ordinance
that a reduced area is in the public interest.
Sec. 135.079. Permitted uses.
14
Within each of the subdistricts of the Planned Development District, only the
following uses may be permitted and all require city commission approval in
conjunction with site plan approval:
(1) Residential Planned Development District: Any single or combination of
residential uses identified as permitted in the residential zoning districts contained
in this chapter.
(2) Office Planned Development District: Any single or combination of uses
identified as permitted in the office or residential zoning districts contained in
this chapter.
(3) Commercial Planned Development District: Any single or combination of uses
identified as permitted in the commercial, office or residential zoning districts
contained in this chapter.
(4) Industrial Planned Development District: Any single or combination of uses
identified as permitted in the Limited Industrial District or any commercial zoning
district contained in this chapter.
L5 I Research Development and Office Park Planned Development District:
_M 44Recreational Planned Development District: Any single or combination
of uses identified as permitted in the Open Space/Recreation District, plus, retail
sales and restaurants which are integral to and limited in size and scope so as to
complement the recreation use which they directly serve.
7. 44Clearwater Beach Planned Development District: Any single or
combination of tourist-oriented hotel, motel, restaurant, retail, service,
entertainment or armor office uses.
III Public Semi public Planned Development District: An single or combination
of uses identified as permitted in the Public/Semipublic District contained in this
chaster.
uses iden
rban Center Planned Development District: Anv single or combi
Sec. 135.080. Conditional uses.
Within each of the subdistricts of the Planned Development District, the
following uses may be permitted as conditional uses:
(1) Residential Planned Development District: Any single or combination of
uses identified as conditional in the residential zoning districts contained in this
chapter.
(2) Office Planned Development District: Any single or combination of uses
identified as conditional in the office or residential zoning districts contained in
this chapter.
15
4
(3) Commercial Planned Development District: Any single or combination of uses
identified as conditional in the commercial, office or residential zoning districts
contained in this chapter.
(4) Industrial Planned Development District: Any single or combination of uses
identified as conditional in the Limited Industrial District or any commercial
district contained in this chapter.
6 .-} Recreational Planned Development District: Only alcoholic beverage
sales consumption on premises) may be considered as a conditional use and only where
such use is integral to and limited in size and scope so as to complement the
recreation use which it directly serves.
M 44} Clearwater Beach Planned Development District: Any single or
combination of uses identified as conditional in the commercial zoning districts
contained in this chapter.
(8) Public/Semioublic Planned Development District: Anv single or combination
chapter.
n Center Planned Developme
is conditional in the Urban
District:
Any single or combi
ct contained in th i
(1) Maximum density; l•
J. T {' ---
tel/
otel units net '-
Gre
h wen?t.. n
'-? ight (
-?.---T 28) dwe
?-- lling Fits or
--? forty two (424
-?,.?-
m
Q
.
o
Division 15 43. Limited Office District (OL)
Sec. 135.087. Use limitations.
(g) Nursing homes shall have a maximum density of.15 sixteen (47f units per
moss fwt- acre.
16
a 0
Sec. 135.088 134.998. Dimensional and numerical development requirements.
.La I The following dimensional and numerical requirements shall apply to
development within Limited Office Districts not expressly regulated elsewhere:
Division 15 44. General Office District (OG)
Sec. 135.093. Use limitations.
(b) Nursing homes shall have a maximum density of 15 sixteen (y6 units per
net acre.
Sec. 135.094. Dimensional and numerical'development requirements. '
,(I The following dimensional and numerical requirements shall apply to all
development within General Office Districts:
(7) Maximum floor area ratio: Four-tenths (0.4). This floor area ratio may,
however, be increased by up to 0.1 tw tenths (0.2) where additional open space for
the lot is provided in excess of the minimum specified in preceding paragraph (6)_
rer;4 Any development having such additional open space shall be permitted,
in a linear progression, a floor area ratio of from 0.4 (^ Al to 0.5 &k--
tenth /n ?? where, also in a linear progression, 25 t-w_ kj fk. '2 per cent to 50
fifty (44 per cent of the lot is reserved as permanent open space.
?r k ?r ?r ?r
5 2 ?6-922
(1) Maximum density: 7.5 units per gross acre.
M Maximum densit : 7.5 units per ross acre.
L21 Maximum floor area ratio: 0.4.
!7
E2
C 7
t
Division 17 -14: Neighborhood Commercial District (CN) ?Sec. 135.100. Dimensional and numerical development requirements.
,Lal The following dimensional and, numerical requirements shall apply to
development within Neighborhood Commercial Districts not expressly regulated
elsewhere:
(1) Maximum density: 15 Si-x-teen} dwelling units per gross *etr acre.
Division 18 4xA. Borth Greenwood Commercial District (CNG)
Sec, 135.1006. Dimensional and numerical development requirements.
(1) Maximum density: 15 Sixteen r'te' dwelling units per gross *et acre.
(5) Maximum floor area ratio: 0.55 Six tenth5 (04).
Division 19 4-6. Beach Commercial District (CB)
Sec. 135.207. Dimensional and numerical development requirements.
(1) Maximum density: 26 Twenty #t (28) dwelling units or 40 fort . twe (42)
hotel/motel units per gross acre.
JL -Minimum open space for the lot: 5 per cent of the lot area.
Division 20 44. Resort Commercial "Twenty-four" District (CR 24)
18
?, Maximum densit : 10.0 units per gross acre.
f
Sec. 135.113. Dimensional and numerical development requirements.
The following dimensional and numerical requirements shall apply to development
within Resort Commercial "Twenty-four" Districts not expressly regulated elsewhere:
(1) Maximum density: 22.5 Twenty four (24) _ dwelling units or 35 th4Mt....s4
4-M? hotel/motel units per oss acre. !
i
Division 21 4-8. Resort Commercial "Twenty-eight" District (CR 28)
Sec. 135.119. Dimensional and numerical development requirements.
The following dimensional and numerical requirements shall apply to development
within Resort Commercial "Twenty-eight" Districts not expressly regulated elsewhere:
(1) Maximum density: 25 Twenty eight /°) dwelling units or 40 ferry two (42)
hotel/motel units per gross 4?4_ acre.
Division 22 -14. General Commercial District (CC)
Sec.
a
development
hotel/motel
L35.125. Dimensional and numerical development requirements.
The following dimensional and numerical requirements shall apply to
within General Commercial Districts:
Maximum density: 24 Twenty eight (28) dwelling units or 40 forty two (42)
units per gross +Wt acre.
LU Reserved.
Division 23. Reserved.
Division 24 19. Highway Commercial District (CH)
14
M Maximum densit : 18 dwelling units or 30 hotel motel units er gross
acre.
04 0 d
Sec. 135.131. Dimensional and numerical development requirements.
(a) The following dimensional and numerical requirements shall apply to
development within Highway Commercial Districts:
(1) Maximum density: 24 Twent., ,,4gh (28) dwelling units or 40 forty._+,.,,, ??,??
hotel/motel units pr,r rq oss iWt acre.
(b) The following special dimensional and numerical development requirements
shall apply to development within Highway Commercial Districts which are classified
d°r""" ted residential/office/retail on the eeunty comprehensive land use plan:
(1) Maximum density: 18.0 Fifteen dwelling units or 30 hotel/motel units
per gross fiet acre.
_M 4T Maximum f 1oor area ratio: 0.4. Properties deye eped with reta4l sales
or off iee uses may substitute a maximum f area -.A49 of two tenths (9.2) for Oe
preEeding f cable- let eve evA-,
acre.
Maximum floor area ratio: 0.45.
Division 25 Q-1.. Commercial Center District (CC)
Sec. 135.137. Dimensional and numerical development,requirements.
.a. The following dimensional and numerical requirements shall apply to
development within Commercial Center Districts:
i
j
20
M Maximum densit : 18.0 dwellin units or 30 hotel motel units per gross
(I) Maximum floor area ratio: O.Q.
(2) [Reserved]
L I-) floor area ratio: 0.45.
(2) (Reserved]
3
f
f
Division 26 24. {Urban Center District (UC--)
f
t
Sec. 135.144. Development requirements for the Bayfront subdistrict.
(a) Dimensional and numerical requirements. The following dimensional and
numerical requirements shall apply to development within the Bayfront subdistrict of
the Urban Center District:
(1) Maximum floor area ratio: 2.0 ?we (2-.}.
(2) Maximum density: 42 Forty two (42) dwelling or hotel units per gross
acre.
Sec. 135.146. Development requirements for the Eastern Corridor subdistrict.
(a) Dimensional and numerical requirements. The following dimensional and
numerical requirements shall apply to development within the Eastern Corridor
subdistrict of the Urban Center District:
(1) Maximum density: 74 c ent -7- dwelling units or hotel/motel units per
gross oet- acre:
Division 27 2-3. Limite
Sec. 135.151. Use limitations.
(f) Residential shelters shall
din. n c 4 t i -^f - twenty e4gh (28) units p e F
'k de
d Industrial District (IL.)
A%
have a maximum of 37 beds per gross acre
set epe .
7t' SI' 7F
21
5)-96) '%2
•
universities colle es academies and similar facilities for learning.
I
Sec. 135.152. Dimensional and numerical development requirements.
La I The following dimensional and numerical requirements shall apply to
development within Limited Industrial Districts:
(7) Maximum floor area ratio: 0.75 #ene.
Maximum floor area ratio: 0.65.
J21 Minimum open space for the lot: 15 per cent.
+1 ?
i
Division 28 fir. Research, Development and
Office Park District (RD)
Sec. 135.1525. Use limitations.
(3) Residential shelters shall have a maximum of 37 beds per gross acre
density of tweRty e4ght (28 f'TT5 per ne+G"a C.
10 The following uses- shall be limited to a maximum contiguous area of five
acres: Business services; business rofessiona l offices; ices;- restaurants; personal
services; and alcoholic beverage sales (consumption on premises)-.
22
.(!I Outdoor retail sales, displays and/or storage use shall be permitted only
a
0
Sec. 135.1526. Dimensional and numerical development requirements.
The following dimensional and numerical requirements shall apply to development
within Research, Development and Office Park Districts:
10 Maximum density: 40 hotel/motel units per gross acre.
Division 29 24. Public/Semipublic District (P/SP)
Sec. 135.157. Use limitations.
(c) Nursing homes and residential shelters shall have a maximum density of
15 teen, ?units per gross acre.
Sec. 135.158. Dimensional and numerical development requirements.
The following dimensional and numerical requirements shall apply to all
development within Public/Semipublic Districts:
(7) Maximum floor area ratio: 0.7 for properties with transportation/utility
lan classification; 0.65 for properties with institutional plan classification OF?&
1.0).
Division 30 24. Open Space/Recreation District (OS/R)
Sec. 135.164. Dimensional and numerical development requirements.
The following dimensional and numerical requirements shall apply to all
development within Open Space/Recreation Districts:
(3) Minimum open space: for the-f-rent yard; Seventy five (75) peF eent.
a. For the lot: AO per cent.
23
6 2 16- U
111 , . • •.?Y. ? ? ,
b. For the front-yard: 75 per cent.
M Maximum floor area ratio: 0.25.
,L11 444 Minimum building separation distance within a development: Each
building within a development shall be separated from each other building within the
same development by a distance equal to 50 f4t„ (69 per cent of the sum of the
heights of such two 4,2+ adjacent buildings, but in no case shall the separation
distance be less than 20 i-,.•ea (20) feet.
(6,) -(4 Except as provided herein, no residential or commercial uses may be
developed within the Open Space/Recreation District. However, if the adjoining upland
property is developable and under the same ownership as the Open Space/Recreation
District property, the allowable uses for the Open Space/ Recreation District property
shall be deemed to be equivalent to the allowable uses under the zoning district
regulations applicable to the adjacent property for the limited purpose of considering
a transfer of development rights to the adjacent property pursuant to section 136.011,
provided that the density or intensity of uses available for transfer shall not exceed
the maximum allowed on the adjoining property.
Division 31 .96. Preservation (P) Aquat4e ' ' nd Coastal nistr4et ( G)
Sec. 135.165. General description.
This district is created to protect the waters, waterways and coastal wetlands
of the Gulf of Mexico and Tampa Bay and noncoastal_wetlands, environmentally sensitive
aalustrine, lacustrine and riverine areas, natural and artificially made interior
bodies of water and other submerged lands through the control of development of these
areas so that their ecological and aesthetic values may be preserved for the health
and enjoyment of present and future generations, eensistent with ehapter 72 ,
Sec. 135.166. Application.
It is intended that the Preservation Aquatie 'n`or Ge as District be applied
to all naturally and artificially made coastal and noncoastal bodies of water and
wetlands of the Gulf of A.,exiee and Tampa Bay, including spoil islands, spoil banks,
basins, bays, bayous, canals, braeki5h streams, creeks, ponds, swamps, marshes, bogs,
lakes and rivers, and other Water-s and waterways ef the Gulf 9? Mexiee and Tampa ,
whether publicly or privately owned. The Preservation District
shall apply to all surface waters, and watep elumn and submerged lands thereunder
for coastal waters submerged lands shall be considered those lands seaward from the
established line of mean high tide1and -seaw -?. Furthermore, the Preservation
i quatie + end Geast=}_ District Shall be applied to all upland areas 50 -W-t., (30)
feet landward of mean high tide where mangroves exist. (Mangroves are recognized of
special ecological value to the city and are defined in section 98.01 of the
Clearwater Code of Ordinances.)
Sec. 135.167. Permitted uses.
J
24
"'. I - ' "^" `y? :.3';i p ': , . ; ?5: .?'. =iit: r.sre i ryxYL t`:'sI>Aw' t=: ;r } " i.??• s"
. 'r`.'w-.I ,.:.s 'ir 1?" .•
'r•. i i+e s :
try
.'4-... `.fps":... ?.?i???A ?1 A J ?•:i';M•
t
[
? `?? ;?'
?+ cI?
`!^^nIM'.•.....
'
??w ?
.
.
?w.3:,..-) ,
.
1
.
t
moo ??ri Ml. • t '-l l..i a„Y.`. L::(.:. i ?• IJtIIN1C
i?i•` r j•
Within Preservation Districts, only the following uses
(and structures designed for such uses) shall be permitted:
(1) Recreation activities which are not environmentally disruptive_*
pee f-ieall
a. 945hing.
Beat4n@.
i
k
}
Sec, 135.168. Conditional uses.
Within Preservation Aqua L Lang G'rit' Districts, the following uses may be
permitted as conditional uses:
Sec. 135.1701. Dimensional and numerical develo ment re uirements.
The following dimensional and numerical requirements shall a l
nmon+ wi+hin Dracnrslnfinn nic+v.ir*c.
Minimum oven space: 80 p er cent of the lot area.
Minimum floor area ratio: 0.1.
Division 32 .29. Floodplain Overlay District (FO)
Division 33 24. Historic Overlay District (110)
25
5296 -92
4 A 25-foot wide-vegetative buffer shall be provided in accordance with Sec.
136.029.
r
F
S
Sec. 135.1852. Establishment/contraction.
It is intended that 50 acres or more be pr
Center/Primary District and that 20 acres or me
Activity Center/Secondary District.
Sec. 135.1853. Permitted uses.
by the
Sec. 135.1854. Conditional uses.
sh a new Activi
trict,
trict.
.(bl Secondary activity centers may include community shopping-centers, offi
and employment centers public facilities and services and provision fora ro ria
areas of residential uses.
Sec. 135.1855. Dimensional and Numerical Development Requirements.
The followin dimensional and numerical requirements shall apply to develo me
within the Activity Center Overlay Districts not expressly regulated elsewhere:
M Maximum density/intensity:
a, Within Primary Activity Center Overlay Districts:. 2,5 times the otherwi
permitted densit intensit of the underlying zoning district; _ acts
densitv/intensity shall be determined by the City Commission in establis_hin_g--
overlay district.
26
Sec. 135.1851. General description.
Sec, 135.1855. Use limitations.
4
i
1
?I
W
W
M Maximum building coverage: 1.5 times otherwise permitted buil
coverage of the underlying zoning district; actual building coverage shal'
determined by the City Commission in establishing the overlay district.
_(jj All other dimensional and numerical development requirements, suc
minimum lot size and setbacks, within the activity center overlav districts shat
the same as required in the underlying zoning district or as otherwise dete
the City Commission in establishing the overlay district.
Section 3. Section 135.187, Code of Ordinances, is amended to read:
Sec, 135,187. Interpretation and variance.
Yeh4eular aeees5way5 may not be w4der- than twenty four nom, ) e
Lcj -?4 Any mixed use development comprised of a density-regulated use and a
nondensity regulated use shall have the permitted unit count determined by the
following formula:
G 4 x D x P-A =U
P
Or, if the permitted unit count is known and the actual non-residential floor
area ratio is to be determined, use the following formula:
P- U x P = A
(G 4 x D)
Or, if the permitted unit count is known and the actual non-residential floor
area ratio is known, but the required net acres of the site is to be determined, use
the following formula:
U x P = G 4
D x P - A
27
?29?-92
Where
G gross acres of the site
N Ret axes of the s4e
D = maximum permitted density
F = maximum permitted floor area ratio of the zone where the
property is located
A = actual nonresidential floor area ratio
d = maximum permitted number of units
s?
•{-c4 For the purpose of determining the actual number of residential dwelling
units or hotel/motel units which may be permitted on a given parcel of land, fractions
of units which result from mathematically computing such unit count shall not be t
deemed to equal a unit.
(g) it 4s hypethes4i!ed that eerta4n uses are "preferred" w4thin zqn4nq
J41+4 Any request for variance from the standards set forth in this chapter
shall be according to the process and criteria for variances to this land development
code set forth in ehapter-3;-, section 137.012. No variance shall be authorized to
the list of permitted or conditional uses, the maximum permitted density in any given
zoning district, the maximum permitted floor area ratio, or such lice areas of
legislative prerogative which shall not under any circumstances be varied.
Section 4. Section,136.011, Code of Ordinances, is amended to read:
Sec. 136.011. Transfer of development rights.
r'
-(h) -g+ Transfers authorized prior to this development code. The provisions
2S
JL Densitxl_I__ntensi_ty._
Lqj ?4 Developments with transfers and variances. The following shall apply
to developments for which transferred development rights and one or more variances
from the otherwise applicable dimensional and numerical development requirements
contained in this development code are proposed:
f mot:.' .?• ??, e, i _
W
contained herein pertaining to transfer of development rights shall not preclude the
initiation and completion of buildings authorized under a certified site plan prior
to the adoption of this development code provided the certification remains valid and
E in force pursuant to the time constraints contained in the conditions of
certification.
Section 5. Subsection (c) of Section 136.012, Code of Ordinances, is amended
to read:
Sec. 136.012. Townhouse development.
(c) Dimensional and numerical requirements. The following dimensional and
numerical requirements shall apply to all townhouse developments:
(1) Maximum development density: 11.5 Tw^', a ('12-? townhouse units per cross
fie4 acre, unless a more restrictive density is identified in chapter 135 for the
zoning district assigned to the property in which case the more restrictive density
shall apply.
Section 6. Subsection (b) of Section 136.014, Code of Ordinances, is amended
to read:
Sec. 136.014. Habitable floor area.
(b) Hotel and motel units. Hotel and motel units shall be provided with a
minimum habitable floor area of 280 twe hundred eighty (280) square feet but not
greater than-550 `square feet.
Section 7. Subsection (c) of Section 136.021, Code of Ordinances, is amended
to read:
Sec. 136.021. Recreational vehicle parks.
(c) Dimensional and numerical requirements. The following dimensional and
numerical requirements shall apply to all recreational vehicle parks:
(1) Maximum park density: 11.5 Twelye (124 vehicle spaces per rg oss_*&t acre.
Section B. Section 136.029, Code of Ordinances, is amended to read:
Sec, 136.025. Vegetative buffer adjacent to Preservation District Aquatie
+
(a) A vegetative buffer, being necessary to protect the ecological and
aesthetic integrity of interior or coastal wetlands, shall encompass all lands within
25 twenty- 21 feet of the boundary of any property designated on the zoning
or 11--puatie Landr,-Gea5taj
(P)
atlas as Preservation
29
5296- 52
(AiG). However, this requirement shall not apply to existing seawalls or other
structures creating an abrupt transition between the aquatic lands and the adjoining
upland property,
(b) When a proposed development is adjacent to property designated
Preservation , the vegetative buffer
inuatir, lands shall be provided by the owner in accordance with the requirements of this section.
The vegetative buffer may be provided within or over other required setbacks. The
buffer shall be designated on the site plan, plat or replat of the property as an
"Preservation Aqoat4e Lands Protection Suffer."
(e) Within the vegetative buffer, any native vegetation shall be protected
so that the buffer will retain the character of the immediately adjacent vegetation
within the Preservation district.
Dative vegetation within the buffer shall not be removed or altered without the
approval of the Division of Environmental Management. If removal or alteration is
proposed, the owner shall present a plan for approval by the Division of Environmental
Management showing that the proposed removal or alteration of the vegetation will not
adversely affect the hydrological or ecological integrity of the adjacent wetland.
If approved, the plan shall be incorporated in the approval and the terms thereof
shall be binding upon the owner. Any exotic vegetation within the buffer shall be
removed by the landowner and shall be prevented from re-emergence. This subsection
shall not be construed to prohibit routine maintenance trimming of nonwetland
vegetation in accordance with procedures developed by the Division of Environmental
Management and approved by the City Manager.
Section 9. Section 137.005, Code of Ordinances, is amended to read:
Sec. 137.005. Definitions.
r;
i
(a) Words and terms used in this development code shall be given the meanings
identified hereinafter:
Density: Units per gross *et- acre.
Gross acre: total area _within _one or more contiguous parcels under common
ownership,-
5
ire of permitted development e
mum floor area ratio, or both.
0
30
Section 10. Subsection (e) of Section 137.015, Code of Ordinances, is amended
to read:
Sec. 137.015. Zoning atlas amendments.
(e) Standards for approval. The following standards shall serve as the basis
to evaluate any requested amendment to the zoning atlas and no amendment shall be
approved unless it comports with all of the enumerated standards:
(11) The amendment will be consistent with not in any way deter implemeRtation
ef- the comprehensive plan.
Section 11. Section 137.015, Code of Ordinances, is amended to read:
Sec. 137.016. Comprehensive land Land use plan amendments.
(9) Any approved amendment to the city comprehensive land use plan which
correspondingly requires amendment to the countywide cony comprehensive land use
plan shall, upon its effective date, be forwarded by the director of planning and
YrbaR development to the countywide e9unty planning agency eeupei-l- for review and
determination in accord with the established procedures of the agency eeuneil-. Should
the countywide planning agency eauneil-fail to approve any plan amendment, the plan
and associated zoning designation shall be amended to the extent of and so as to
obviate any conflict with the countywide eounty comprehensive land use plan.
Section 12. Sections 135.171 through 135.175, Code of Ordinances, are hereby
repealed.
Section 13. -The provisions of this ordinance have been found to be consistent
with the City of Clearwater Comprehensive Plan.
Section 14. This ordinance shall take effect immediately upon adoption.
Section 15. This ordinance shall be codified in the Clearwater Code of
Ordinances as adopted on February 4, 1993. The City Commission acknowledges that the
provisions of the land Development Code amended by this ordinance have been recodified
31
2 16-11-
ea •
and renumbered since the first reading of this ordinance on December 17, 1992. The
code publisher, Municipal Code Corporation, is authorized and directed to incorporate
the amendments and new provi sions adopted herein into the current text of the
Clearwater Code of Ordinances utilizing th e following tracing table:
Old or Added Sections Current or New Sections
135.005 40.005
135.0051-135.0056 [added] 40.031-40.036 [new]*
135.006 40.040 [new]*
135.011 40.045
135.012 40.061
135.017 40.066
135.018 40.081
135.023 40.086
135.024 40.101
135.029 40.106
135.030 40.121
135.035-135.037 40.126-40.128
135.0371-135.0378 [added] 40.131-40.138 [new]
135.038 40.141
135.043-135.045 40.146-40.148
135.046 40.161
135.051 40.166
135.052 40.181
135.057 40.186
135.058 40.201
135.063 40.206
135.064 40.221
135.069 40.226
135.074 40.245
135.077-135.080 40.262-40.265
135.082 . 40.267 [deleted]
135.087 40.285
135.088 40.286
135.093 40.305
135.094 40.306
135.100 40.326
135.1006 40.346
135.107 40.367
135.113 40.386
135.119 40.406
135.125 40.426
135.131 40.446
135.144 40.487
135.146 40.489
135.151 40.505
135.152 40.506
135.1525 40.525
135.1526 40.526
135.157 40.545
135.158 40.546
32
t
e.
135.164
135.165-135.168
135.1701 [added]
135.171-135.175
135.1851-135.1856 [added]
135.187
136.011
136.012
136.014
136.021
136.029
137.005
137.015(a)-(f)
137.016
40.566
40.581-40.584
40.586 [new]**
40.601-605 [re ealed]
40.651-40.656 new]***
40.007
42.06
41.141
42.25
41.211
42.28
35.11
40.671-40.676
36.066
Notes:
* This constitutes a renumbering of §40.031 as §40.040.
** And renumber existing §40.586 as §40.587.
*** These sections constitute a new Division 33 in Art. II, Ctn. 40.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED AS AMENDED
Attest:
1December 17. 1992
Cynt a E. Goudeau
City ierk
September 16, 1993
Rita Garvey
Mayor-Commissioner
Approved as to form and correctness:
M. A. Galb aith, Or.
City AttoMy_...../
33
5.296-92