TA2009-08008, ORD 8098-09 8.26.09 - September 15, 2009ORDINANCE NO. 8098-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE TO
MODIFY SUBSECTION 3-2102 "PERMITTED TEMPORARY USES" TO
INCLUDE OUTDOOR AUTOMOBILE, BOAT, AND RECREATIONAL
VEHICLE SHOWS; TO MODIFY SECTION 3-2103 "STANDARDS" TO
INCLUDE STANDARDS FOR THE OUTDOOR AUTOMOBILE, BOAT,
AND RECREATIONAL VEHICLE SHOWS TEMPORARY USE; TO
MODIFY SECTION 8-102, "DEFINITIONS", BY AMENDING THE
DEFINITION OF "TEMPORARY RETAIL SALES AND DISPLAYS" TO
INCLUDE OUTDOOR AUTOMOBILE, BOAT, AND RECREATIONAL
VEHICLE SHOWS; AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted a new Community Development Code on
January 21, 1999 which was effective on March 8, 1999, and
WHEREAS, the City of Clearwater desires for the Community Development Code to
function effectively and equitably throughout the City, and
WHEREAS, it has been determined that certain locations and use of commercial
properties for limited temporary uses promotes the local economy, and
WHEREAS, it has been determined that limited and reasonable restrictions on such
temporary uses are in the public interest, and
WHEREAS, the City of Clearwater has determined where the Community
Development Code needs clarification and revision, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Article 3, "Development Standards", Division 21, "Temporary
Uses", Section 3-2102, "Permitted temporary uses", of the Community Development Code,
be, and the same is hereby amended to modify subsection A, as follows:
Section 3-2102. Permitted temporary uses.
A. The following temporary uses are permitted subject to obtaining a Level One
approval in accordance with the provisions of Article 4, Division 3 and the provisions of this
division:
1. Circuses and/or carnivals.
2. Contractor's offices and/or construction sheds.
3. Evangelical and religious revivals or assemblies.
4. Sales for Christmas trees, pumpkins or other seasonal materials.
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Ordinance No. 8098-09
5. Other temporary recreational or entertainment related events or activities such as
fairs, concerts or festivals.
6. Outdoor bazaars, cookouts, special fund raising sales and/or similar activities.
7. Sidewalk sales.
8. Temporary commercial parking lots associated with special events.
9. Temporary real estate sales offices.
10. Temporary relocation tents or mobile homes for displaced persons as a result of
natural or manmade disasters in a neighborhood or area.
11. Temporary retail special sales and displays (e.g., occasional sidewalk or parking lot
sales).
12. Block and neighborhood parties.
13. Portable storage units.
14. Outdoor automobile, boat, and recreational vehicle shows.
Section 2. That Article 3, "Development Standards", Division 21, "Temporary
Uses", Section 3-2103, "Standards", of the Community Development Code, be, and the
same is hereby amended to modify "ADDITIONAL REQUIREMENTS FOR TEMPORARY
USES" table and add number five to subsection B, as follows:
Section 3-2103. Standards.
***********
ADDITIONAL REQUIREMENTS FOR TEMPORARY USES
Maximum Cumulative Allowable Time Period
for Each Separate Ilse (per site per calendar
Temporary Ilse vear or absolute time limitation, as applicable) Permitted Districts
Block and neighborhood parties 2 days All residential districts
Circuses or carnivals 14 days C, IRT, and I
Contractors office and/or During construction period only while building All districts
construction sheds permit is valid
Evangelical and religious revivals or ~ days C, D, T, I and IRT
assemblies
Garage, yard or estate sales No more than 2 times per property within one All residential districts
year; no longer than 3 days each
Sales for: Christmas tree and
All non-residential zoning
pumpkin sales and other seasonal 45 days districts
sales
Other temporary recreational or 7 days, except 14 days for annual events All nonresidential districts
entertainment events approved by the special events committee
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Ordinance No. 8098-09
Outdoor bazaars, cookouts, special
fund raising sales and/or similar 2 days C, I and D
activities
Sidewalk sales 7 days in conjunction with a special event T and D
Temporary commercial parking lots The period of time during which the temporary All districts
use the parking serves is authorized
Temporary relocation tents or 18 months (unless authorized longer by
mobile homes for displaced persons commission resolution) Within a designated area
Temporary real estate sales office or 24 months All districts
model home
Temporary retail sales and displays ~ days (not more than 4 times per year) T, C and D
Residentially zoned property: Four days, not
more than four times a year. Non-residentially
zoned property: 30 days, not more than four
Portable storage units times a year or for the duration of an active All districts
construction permit. Refer to Sections 3-
2103(B)(3) and 2103(C)(2) for additional
requirements.
Outdoor automobile, boat, and
recreational vehicle shows 4 da~(not more than 4 times per years C
***********
B. The following additional requirements shall apply for specified temporary uses:
***********
5. Outdoor automobile. boat. and recreational vehicle shows.
a. Outdoor automobile, boat, and recreational vehicle shows shall be permitted only
on properties located in the Commercial zonina district which are at least 75
contiauous acres in size:
b. A maximum of 48 hours shall be allowed for the set-up and a maximum of 48
hours shall be allowed for the break-down, in addition to the Maximum Cumulative
Allowable Time Period, of the Outdoor automobile, boat, and recreational vehicle
shows;
c. Sales of products displayed at the show are permitted, without regard to the
primary use of the property.
Section 3. That Article 8, "Definitions and Rules of Construction", Section 8-102,
"Definitions", of the Community Development Code, be, and the same is hereby amended to
modify the definition of "Temporary retail sales and displays" as follows:
Temporary retail sales and displays mean any nonpermanent sales or displays `"'hi,.h pro .,f +ho
. which are
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Ordinance No. 8098-09
permitted pursuant to Article 3, Division 21. As used in this development code, the term
"temporary retail sales and displays" shall include carnivals and similar temporary amusement
projects and shall exclude residential development sales office, land sales offices, a-garage
and yard sales, and outdoor automobile, boat, and recreational vehicle shows.
Section 4. 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 5. 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 6. 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 7. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 8. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
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Ordinance No. 8098-09
MOTION TO AMEND ORDINANCE NO. 8098-09 ON FIRST READING
On page 1 of ordinance, revise the title as follows:
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
MAKING AMENDMENTS TO THE COMMUNITY
DEVELOPMENT CODE TO MODIFY SUBSECTION 3-2102
"PERMITTED TEMPORARY USES" TO INCLUDE OUTDOOR
AUTOMOBILE, BOAT, AND RECREATIONAL VEHICLE SHOWS;
TO MODIFY SECTION 3-2103 "STANDARDS" TO INCLUDE
STANDARDS FOR THE OUTDOOR AUTOMOBILE, BOAT, AND
RECREATIONAL VEHICLE SHOWS TEMPORARY USE; T9
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EFFECTIVE DATE.
On pages 3-4, delete Section 3 of the ordinance in its entirety.
Cate Lee
100 South Myrtle Avenue
Clearwater, FL 33756
727-562-4557
catherine.lee u,myclearwater.com
PROFESSIONAL EXPERIENCE
• Planner II, Long Range Division
City of Clearwater, Clearwater, Florida November 2008 to Present
Responsible for numerous aspects of the Growth Management Act of Florida such as comprehensive
planning, Future Land Use Plan amendments, rezonings, and annexations. Update Community
Development Code by Ordinance. Prepare staff reports for the City Council and Community
Development Board. Create maps for decision makers using Geographic Information Systems
software.
• Planner I and Planner II, Development Review Division
City of Clearwater, Clearwater, Florida March to October 2008
Provided information to the public concerning the City's Community Development Code, Clearwater
Downtown Redevelopment Plan, Beach by Design and general zoning information. Reviewed
building plans for compliance with the Community Development Code. Presented Flexible Standard
Development applications before the Development Review Committee.
• Research Assistant
Geography Department, Brigham Young University, Provo, Utah September 2007 to January 2008
Contributed research on various land use and planning issues, including locally unwanted land uses
and their roles in the American West for Dr. Richard H. Jackson, AICP.
• Teaching Assistant
Geography Department, Brigham Young University, Provo, Utah January 2007 to December 2007
Explained North American land use patterns and concepts to students, including planning history and
current practices. Graded student writing and exams, providing feedback for improvement and
clarification of planning concepts.
• Planning Intern
City of Port Angeles, Port Angeles, Washington May to Augz~st 2007
Assisted citizens at the zoning counter regarding the City's Municipal Code. Performed research
related to intergovernmental cooperation, comprehensive plan amendments, and code changes.
Presented research findings to the Planning Commission.
EDUCATION
Bachelor of Science in Urban, Rural and Environmental Planning, Brigham Young University, 2007
ASSOCIATION MEMBERSHIP
• American Planning Association