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AN 01RDINAN ` OF THE CITY OF CLEARWATER, FLORIDA
REL7ING TO THE LANG DEVELOPMENT CODE; AMENDING VARIOUS
SECTIONS WITHIN CHAPTER 4.5, CODE OF ORDINANCES, TO
ESTABLISH MINOR VARIANCE'S, AND PROVIDE FOR ' MINOR
VARIANCE APPROVAL BY THE DEVELOPMENT CODE ADMINISTRATOR;
PROVIDING AN EFFECTIVE DATE,
BE I3" ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Srctiod 11 . Sections 45.02, 45.21 , 45.23, and 45.25, Codc of Ordinances,
are amended to i^ead A
CHAPTER 45. VARIANCES
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ARTICLE I. IN GENERAL
Sec, 45:02. Autlroriza.tion for chapter.
The de:ve ognent code administrator may authorize under nrescriled
cor�ditior�s, ranting cif minor variances to the zoning district regr�lati(ins
and uniform: develldwent regulations urien a determination that the ,app icet, on
rormol ies with tlhe : standards set forth. in this section. The developme'.nt cc de
adjustment, board may authorize, under t*e- prescribed conditions, the granting of
variances to the zoning district regulations and uniform°development regulations
When the boarid determines that the application complies with the standards Set
forth in thin section. The city commission may authorize, under prescribed
conditions, t,he,granting of variances from the sign regulations as provided in
sections 44.55 �n,d 44.09, and from the alcoholic beverage establishment mini lum
separation requirements as provided in section 41.082 The development cede
administrator, 1'. e, board or the city commission may impose conditions`' on the
granting of any variance as determined necessary; to carry, out the intent and
purpose of thi'sY development code. The city reserves the full authority to revoke
a variance if ,an� conditions so imposed are not strictly and continuously adhered
to. Under ;no c" rcumstances shall the development code'` administrator or
development code adjustment board grant a variance to permit a use not permitted
or conditionall,! allowed in the zoning district involved', permit any use
expressly or ,by implication prohibited by the terms of this development cote,
permit an increase to the maximum density allowed in a 'particular zoning
district, permit the expansion, addition to or enlargement of a nonconform-ng
use, or authorize' a variance to any like provision of legislative prerogative.
ARTICLE Il APPLICATION AND REVIEW
Sec. 45.21. Perr:ai•t required.
Prior, to the construction of any irprovernent or the placement of an y s-�
gn
to effectuate=an approved variance, a building permit or, if applicable, a sign
permtit shall first be procured from the city. In approving any variance, the
development code administrator, the development code adjustment board or the c1ty
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commits°o ;-hall specify the period of a. me €or which ich such perm'i may
procured. The de .? Iaient code -�tlit11i1i itT'g.�� the board or he city coMissicr:
may, upon written request, 'grant extensions; to such time allotments not exceeding it
six months each vrtZCiut notice or hearing.
Sec. 45.23. Proceduires.
(I) The develoipment code administrator shall , upon determination that the I
application for variance complies Frith all applicable submission requiremerts,
receive the application and, ,except for minas variance `applications, instruct the
city clerk to schedule it for public hearin`r by the development code adjustment
board or, for a reriuest for a variance from the sign,regulations or the alcoholic
beverage establishmbnit minimum separation requirements, by the city commission,
and give notice of �such hearing in accord with the requirements contained in
article Ill of chaOtpr :36. For minor variance applications the development code
administrator }h,al �I � upon determination that the 'aulication for variance
c€arr l es wi�_h all a blicable submission requirements, consider the ao1icatlon i
and render a dec sibn unless he or she determines that action must be deferred
to allow
-for additnai information to be submitted for review,
(2) fxcept,.fo�__ inor variances,' the The development code adjustment board
or the city commission shall consider the application and render a decision at
the conclusion of t,h{e public hearing unless the board or the city cormnission
determines that 6 tion must be deferred to allow for additional input and review.
3) A minot" 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 comp.3 with the
submission requirements of Sec. 46.22. however, a minor variance shall not be II
subject to the ndti :1, and hearing-redu.irements of article ICY of. chapter 35. An
apRla ant may rer€;e�ttwto po through the full variance procedures of this chapter
if the decision rAaft' v the development code administrator is not acceptable ta. I'
the applicant. ' A .mincir variance may>+-onsist of one or more of the following:
a)i Side setWick. Variation of a side setback of no more than ten percent
or two feet, Wh'ighev`er is 'less.
Rear setback. Variation of a rear setback of no more than ten percent
or five feet, wkrichim a�r hs less.
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c Street, settbzick. ` Variation of a street, setback of no more than ten
percent or five feet whichever is less.
r,jj Open space; variation of an open space requirement of no more than
five percent.
(e) Front ylr_^+ open space. Variation of a front yard open space '
repuiremer2t of na mDre than five percent.
M Landsc42i
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l� nterio,r soar"kin,, lot. Variation of the requ,reel in'C-rior
lane stapinq -For trarking lot to_reguir_e less the six
percent; butt not'=less than -five aercent, of the total aged
area of the parking lot or vehicular use area to be
landscaped.
i21 Abuttinq streets. Variation of the required width of
perimeter landscanino abuttrina a street of no more than one
oot.
I ;3^ Abutting adjacent property. Variation of the required width
? of perimeter landscaoincab'uttina an adjacent pr6perty of no
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more than one foot.
D ck width. Variation of a dock width of no ;,roreth'an ten percent.
-),,Dock setback. Variati on of a chock setback of no more than ,ten percent.
i i F nce height. Variation of fence height of no more than six inches., .
1Fence� setback. Variation of a fence setback. from a street right-of-wra
side o` a 1 of or u
o 'sor h`<in six inches for the entire fence on an one id
of n �r � x � ,
to three feeVfor no more than ten percent of the leingth of the fence on any oneli
side ofalt`
k , F n.e landscaoinO.lVariation of required landscaping associated with
a fence of o rnot e than 'ten percent of the length of the fence on anyone side
of a lot��
l Sil I,. Variation of freestanding sign height of no more than °two feet
of freest' n lia r sign setback of no yore than two feet on any one side of a lot
and, of f�ret; nding or attached si ri area of no more than tenercnt.
Sec. 45.2�5. !conditions and restrictions on approval.
' In raini.ing a''variance.' the development code administrator: the deveiopment
node adju,strineint board or the city commission may impose such conditiors and
restricti.bn saporr thee prpperty benefitted by the variance as may be,necessary ary to
comply wri!thithe standards set out above, to reduce or minimize any potentially
injurious! eiIf{ect of such variance upon other property in the neighborhoc d, and
to carry but' the general purpose and intent of this development code._ Failure to
C=Ply ;tiri",th any such bondition, or restriction shall cvnsti,t-c a violas ion of
this dove's app nelnt code.
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he r o. v i s i or,s of this ordinance shave be 9 found -tq be
cons ste t with, -the City of Clearwater Comprehensive Man. �
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Sect'i 13. This ordinance shall take et;ect i t�ediately 'pon adopti i,.
PASSED 0111 FIRST BEADING AS AMENDED January ,6y 1994
PASSE? CN SECOND AND FINAL READING
AND A CP; E:CI February, 3, 1994
Rita Gareev'
Mayor-Commissioner
Attest;
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c3i ° is E.
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C�it ,Clerk' '
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Approved as 1 t form and correctness;
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M. A.I. G 1" it�i`(
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City Attornv
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