5632-94 ORDINANCE NO. 5632-94
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION
41.05:3, t;()DE OF ORDINANCES, I0 ALLOW CONSIDERATION OF
TEMPORARY USES IN CONJUNCTION WITH OUTDOOR RETAIL SALES]
DISPLAYS AND/OR STORAGE CONDITIONAL USES; AMENDING
CHAPTER 41 . DIVISIONS 7 AND 8, CODE OF ORDINANCES, TO
'SIONg,FICANTLY REVISE EXISTING REQUIREMENTS FOR TEMPORARY
BUILDJNCS, PORTABLE BUILDINGS AND TENTS, AND FOR
TEMPORARY RETAIL SALES AND DISPLAYS; AMENDING SECTION
42.341 CO[)E OF ORDINANCES, TO DELETE REQUIREMENTS FOR
TEMPORARY COMMERCIAL PARKING LOTS AS FOUND IN THIS.
SECTION; `PROVIQIN{I AN EFFECTIVE QATE.
ORDAINED BY THE CITY CO MMI SS I ON 0 F THE CITY OF BE I ,
CLEAR;WATER, FLORIDA:
Seetio5� 1 Section 41.053, Cr de of Ordinances, is amended to read:
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Sec. 41.053. 'Sdgplementary standards by category of use.
The standards 'in this section which apply to the identified category of use
shall supplement the general standards of use identified in section 43.05 No
conditional use sshlall be authorized unless determined to meet all of the
standards applicable' thereto.
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(23) Outdoor retail sales, displays and/or storage may be permitted within
the urban center 3(done) , urban center (,eastern corridor) , general commercial ,
highway com ercial , infill commercial , commercial center and' 1 *mited industrial
districts upon',, detelliination that:
(a) The outdoor use shall not adversely affect the community appearance
objectives of the c it y, . 44_�a eu-1� ,
(b) The use shall comply with all of the general standards contained in
section 41 .052.
Section 2. , Chapter 41 Code of Ordinances, i s amended b re e� l i n
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Divisions ? and '8 i� their entirety .and creating new Divisions 7 and 8 to read:
DIVISION 7. TEMPORARY USES
Sec., 41.171. Tepiporary uses. ;
(1) Purpos,0. It is the purpose of this section to recognize that {here
is a need for certain temporary uses'. Because of the special impacts relatbd to
temporary uses, it is also necessary to provide specific, separate and distinct
guidelines and standards for them. It is the intent of these provisions to
minimize any adverse impact of such' temporary uses.
(2) Use types . Temporary uses shall be limited to the following: ',
(a) Circuses and/or carnivals.
(b) Lvange istic and religious related congregations.
ions.
(c) Oul-.door bazaars, cookouts, special fund raising sales and/or
sitar activities b . nonprofit institutions and organizations.
(d) Open lot sales for Christmas trees and pumpkins. �
(e), Contractors' offices and/or construction sheds includingnabile
offices for displaces or contractors duri=ng construction on the sites
(f) Temporary real estate sales offices.
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(g) Temporary relocation tents or mobile homes for displace$ as, a
result of natural or man-made disasters in a neighborhood or area.
(h) eMporary spec i a'I saes or °flea" Markets in commercial or,
inc'��strial'' districts (e.g. , occasional sidewalk or parking lot sales? .
(i) Pther, temporary, recreational or entertainment related events'
gar, activities such as fairs or concerts. �
remporar y parking lots.
(3) Standa� cis. The following guidelines shall apply to all allowable
temporary uses
(a) An application for a building permit, including a letter of Intent
outlining the dates, location, use, duration of use, owner and operator shall be
submitted to I the building official prior to issuance of a certifica e of
occupaixy.' Su h letter shall include the commitment to comply wit the
requirements contained herein.
(b) For circuses, carnivals, bazaars, ' evangelistic or religious'
congregations, open lot sales,; fairs or special entertainment events and sjbecial'
sales", a parking a6d traffic plan Generally drawn to scale shall be subm,�tted.'
It shall include:
1. ;Indication of area to be used b y P
operator' s vehicles and
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customers;
2. Designation of entrances, and exits, traffic flew, and parking
areas,
tal number of park E�iy spaces available;
4. ;r"ated number` of customers or participants;
5. Traffic control measures; and
6. Hours of operation.
(c) If a temporary use is to be instituted for six months or' more, the
facility shall be connected to city water and sanitary sewer in accordance with
the ordinances andl policies of the City of Clearwater. Otherwise, approver
portable toilets' shall be provided, if determined necessary by the publi& works
director.
(d) Where ,a tent or similar , structure as to be used the folI
lowin
g
requirements or documentation shall be met:
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The �naifi�a3 number r, � w ¢n' tent or strucLua�e hal l
{ ! � !� � °�4 aatES ail 4k C eac
be -�ndicateci in accordance vaith the requirements of the fire -..lc:rshal .
2. In con unction with al; occupancy. limit, a seating plan, if
seating is prov°i:deo for ' an audience, shall also be submitted for review and
approval b the fire marshal .
3« If a tent is to be used for human occupancy, ' a certificate o_
insurance shall ;be submitted which will cover liability can the part 6� the
applicant or sponsor in the event of an accident.
4e A certificate of flame resistance shall be submitted whiCflr€ wi11
provide assurance that the structure has been properly treated with lame
retarder rind has been maintained as such.
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(e) fare temporary structures ' n
, tes , mobile offices,
existing structures or similar uses are required in connection with the tempicrary
use,_ a sketch plan or layout generally drawn to scale shall be submitted and
shall show the -ocationor piacement of the temporary uses, structures and
accessory uses in, conjunction with adjacent streets', parking, attendant accessory
uses, e fisting o p;r«posed structures, and traffic`movement or flow pattern, and
entrances and exits to and from the site.
�(f} The following additional conditions or requirements sha11 apply for
each permitted tsperary use:
AIDD TIONAL REQUIREMENTS FOR TEMPORARY USES
MAXIMiUM CUMULATIVE'
USE ALLOWABLE TIME PERIOD FOR PERMITTED DISTRICTS
EACH SEPARATE USE PER
SITE PER CALENDAR YEAR I
CIRCUSES OR C RNIVALS 14 DAYS P SP ' CH IL
EVANGELISTIC AND 14 'DAYS ALL NONRESIDENTIAL
RELIGIOUS RELATED DISTRICTS
CONGREGATIONS
OUTDOOR BAZAARS 14 DAYS ALL NONRESIDENII/4L
DISTRICTS
OPEN LOT SALES FOR
CHRISTMAS TREE AND 45 DAYS ALL NONRESIDENTIAL
PUMPKIN SALES DISTRICTS
SPECIAL FUND RAISING 14 DAYS ALL NONRESIDENTIAL
SALES FOR NONPROFIT` DISTRICTS
ORG NIZATIONS
CONTRACTOR 'S OFFICE: DURING CONSTRUCTION MULTIPLE FAMILYI
OR MOBILE OFFICE FOR PERIOD ONLY RESIDENTIAL AND ALL
DISPLACED' WORKERS NONRESIDENTIAL
DURING C ONST CTI 21 DISTRICTS
TEMPORARY HOUSING - 18 MONTHS (UNLESS WITHIN A DESIGNATED
RESIDENTIAL TENTS OP. AUTHORIZED LONGER BY DISASTER AREA ', �
MOBILE HOMES COMMISSION RESOLUTION)
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TEMPORARY REAL ESTATE 5 YEARS OR UNTIL 80 a OF � ALL RESIDENTIAL e
OF, SUBDIVISItON LOTS OR , DISTRICTS AND ALL!!#
MULT1P LE FAMILY UNITS, 'ASRESIDENTIAL
APPLICABLE, ARE :SOLD, DEVELOPMENTS IN
WHICHEVER, IS FIRST MIXED USE DISTRICTS
FAIRS OR OeHER SPECIAL � 7 DAYS, EXCEPT 14 DAYS � AFL NONRESIDENTIAL
RECREATIONAL OR FOR'ANNUAL EVENTS DISTRICTS
ENIE TAI ENT EVEhiTS APPROVED ,BY THE SPECIAL
EVENTS COMMITTEE i
SPECIAL SALES OR 14 DAYS ALL COMMERCIAL ORI
TEMPORARY "FLEA" INDUSTRIAL DISTRICTS
MARKETS
TEMPORARY COMMERCIAL 45 DAYS FOR RESIDENTIAL ALL DISTRICTS
PARKING LOTS reISTRICTS,`;
90 DAB'S FOR
_ # NO E ;D-NT AL DISTRICT'S i
The fo310Win g additional requirements shall >apply for the speeii ied
temporary uses:
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1. Temporary real estate off ice. The off ice or required accessory
sees shall' not be equipped or used for dwelling purposes including but not
limited to sleeping and major cooking activities.
2. temporary offices or sheds during construction activity.
a,. Such uses shall not occupy the site for more than one
year except by variance autohorized by the development code adjustment board.
b» Temporary offices for displaced office workers shat be
allowed only for the specific purpose of providing temporary relocation office
space required ouirg construction activities involving renovation, expansion
reconstruction of an +existing facility; and shall be allowed only during the time,
applicable, constrUc;t`ion permit's are in effect. Such temporary facilities for
displaces shalI no, apply to residential renovation, expansion or reconstruction,
and such facilities, §hall not be used for residential dwelling purposes.
3. Temporary housing" - residential tents or mobile homes: Upon
determination by' the: city commission that a particular neighborhood or area
constitutes a disaster area, nonperma�aent facilities for displaces shall be
allowed provided thiey meet the following requirements.
a. Ail residential tents or mobile homes shall have
faci 1 ities connected to city utilities for water and sanitary seiner, unless such
services are not ,reasonably available.
b. ' Adequate provision shall be made for solid waste
management in compl7iance with city ordinances and policies, unless 'such `service's
are not reasonably available.
4. Special sales or temporary "flea" markets shall not, be 'approved
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for improved properties principally used for retail safes between' Thanksgiving
Day and New Year' s Day to eliminate possible conflicts between the temporary use
and parking fact i it es serving the principle use during heavy holiday shopping
traffic.
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acerporary cow���iiercia l parking iots in residential districts
shat l only be al loped for properties located 1,000 feet or closer to ,lack Russell
Stadium and only; during 1^�a t°'4 e- v�r' ex enii of f 4.',j L. ?'3'•"ty_�!:'.'1 F:i3ia. t,71 Vii 'pws
t �' ;i ng t,,,- s� Iii t� in ng sezis
professional baseball team. i
6. . Temporary commercial parking lots in nonresidential districts
cts
shall either be for properties located 1 ,000 feet or closer to Jac',
Russell Stadium and only during the spring training season of the Philadelphia
hillies professional baseball team or be operated by and for the benefit of
nonprofit, charitable corporations registered in the state of Florida. Such
parking lots shall not be operated in a manner that would conflict With paring
serving any permanent, principle use of the property on Which the,parking lot is
located, as determined by -the development code administrator. 'Possible conflict's
include significant ,eduction of required parking during hourly or seasonal peak
parking demand periods and obstruction of safe internal and external vehicular
and pedestrian circulation and access.
(h} The letter of intent shall also address waste management requiremlents
or needs for tl of s i :e and special maintenance efforts to insure that the Isite
remains free fr"cm' debris or a build-up of trash, weeds or other: adverse
conditions constituting nuisances. ` The sponsor, owner or manager of any such
temporary use shall '`tie responsible'for insuring that the site remains fre of
debris or waste upon the conclusion of each day' s sale.
(i) Signag . Signage for temporary uses shall be ' governed by the
following requ r,emenit.s. For temporary uses located in residential districts:
One attached or freestanding sign per frontage, not to exceed 24 square feet in
area, except temporary commercial parking lots in single family residential
districts; temporary commercial parking lots, in single family residential
districts shall be permitted one attached or freestanding sign per frontage not
to exceed ' six square feet in area. For temporary uses located in all other
districts; One at'teched' or freestanding sign per frontage, not to exceed 48
square feet in area. Directional or descriptive signage primarily directed
toward persons on the site of the temporary use (e.'g. , names of rides or evlents
at a circus or = fiir, "flea" market booth signage, and on site directional
signage) is not regulated by this section.
(j) Approval procedure. The letter of intent, parking plan, layout plan
{if requir�edj an;d supporting documentation (if required) shall be submitted at
least seven days inl advance of'a scheduled temporary use. This information will
be reviewed by appropriate city officials and their representatives. Upon
completion of this review and satisfaction that the temporary use will I�Imeet
renklir�?d standards and not pose u -crious uioblem of tisreat to public 91ei ltr ,
safety or welfare, ti;en a certificate of occupancy will be issued. Where there
is a_readily identifiable`major problem with the temporary use or location �,�hich
the applicant is either unwilling to or cannot satisfactorily resolve, or the
applicant does not meet the required standards, then the appi,ication f,or, a
certificate of occupancy for the temporary use shall be denied. Appeals of i
decisions to deny a� request for a temporary use may be made to the planning and
zoning board as a conditional use permit request'
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DIVISION 8. RESERVEDI
-ection 3. Se+ Lion 42. 4, Code of Ordinances, is amendLu to read:
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Sec. 42.34. Parking
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4 he use may be 4ppreved and
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10—i+14 $ andicapped parking spaces. Ail new 01 r expanded uses shall be
provided with haddidipped parking spaces based, upon the number- of spaces ;required
to serve the new; ox expanded use, as follows:
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Section 4.11 The provisions of this ordinance have been found to be
consistent with the City of Clearwater Comprehensive Plan.
PASSED ON FIR',ST READING October 6, 1994
PASSED ON SECOND AND FINAL READING
AND ADOPTED October 20, 1994
n
Ri a Garvey ✓
{
Mayor-Commissioner
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Attest:
Cyn is E. Goudeaauu
}
City Clerk
Approved as to form and legal
sufficiency:
II
Pamela K. Akin
City Attorney
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