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6076-96ORDINANCE NO. 6076 -96 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTIONS 40.034, 40.043, 40.064, 40.084. 40.104, and 41.053, CODE OF ORDINANCES, TO ALLOW NONCOMMERCIAL PARKING AS A CONDITIONAL USE IN SINGLE FAMILY RESIDENTIAL DISTRICTS, TO IDENTIFY APPLICABLE STANDARDS THEREFOR; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Sections 40. 034, 40.043, 40.064, 40.084. 40.104, and 41.053„ Code of Ordinances, are amended to read: Sec. 40.034. Conditional uses. Within single- fam,lv_residential 1 districts , the following uses may be allowed as conditional uses: Noncoumcmi 1 12arldna. Sec. 40.043. Conditional uses. Within single - family residential 2 districts, the following uses may be allowed as conditional uses: Seca 40.064. Conditional uses. Within single- family residential 4 districts, the following uses may be allowed as conditional. uses: M ordimnce W76-96 i Noncommercial an rking. See. 40.084. Conditional uses. Within single - family residential 6 districts, the following uses may be allowed as conditional uses: Noncommercial parkin. See. 40.104. Conditional uses. Within single- family residential 8 districts, the following uses may be allowed as conditional uses: Noncommercial parkine. Sec. 41.053.. Supplementary 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 41.052. No conditional use shall be authorized unless determined to meet all of the standards applicable thereto. (20) Noncommercial parking may be allowed within the residential, limited office, general office, neighborhood commercial, North Greenwood commercial, downtown/mixed use, highway commercial, infill commercial, and limited industrial districts subject to all of the following: - ,— C!,ffisE- aced or. affiWoffffil-e-wha 131ie- clr. ot. to eFty shall not 1 n-okhe � (ab) The parking lot shall be designed, surfaced and landscaped in accord with all applicable requirements contained in this development code `• (he) Access to the parking lot shall not be provided directly from the street or from any residentially zoned property adjoining the property which is the subject of the conditional use application, unless specifically authorized by the planning and zoning board; however, access directly from the street or from adjoining residential property shall not be provided to a parking lot located on single- family residentially zoned property. (cd) The use shall comply with all of the general standards contained in section 41.052. (de) Noncommercial parking lots which adjoin residentially zoned property shall be provided with an opaque fence or wall along all property lines adjoining the residentially zoned property; such fence or wall may be erected to a hei,gbt gr atg ihan_1 Vowed env S�rtion 42 26s if such Wight is determined necessary by dlie board to provide acceptab e buffering of surr_ ound ngpr_ i s and o achieve improved com. ti�a bWJX hgtween land uses., ether --than Tp�xkiD,g of trajjers� boats, boat trailers, recreational vehicles, semitrailer trucks or cabs, commercial vehicles, buses, or vehicles designed to transport wastes or hazardous or noxious materials; whiek -am ja prohibited In or�mrnedia elv a joining residential_ districts. V.- h-106- S 9i net.-be sed -fer- All site lighti g sbgJl be directed away from a4joning properties and s g is -of -w lieh 'n�dioinina � iden degree c�to_ff fPa 1ru_M ate li h t AV - }igbting of sue par4dag let A 1} by this Code; be eff-stFeet paddng required 1 fer- efflo r1.3 the sueh par4dng shall provide d nn_1 ot_ _ he ..rC ..e.1. A:reedy f ent_ the.;:. shall not aeeess let let depth zoned f the aFea, width and ef the ...—,g whether- adjoin* publielsemipublie €sr —on s-xrgler-1- req a rents; and a eenditional use parking the land, but sIWI expire med pr-epeFty sIWI net ma with (ab) The parking lot shall be designed, surfaced and landscaped in accord with all applicable requirements contained in this development code `• (he) Access to the parking lot shall not be provided directly from the street or from any residentially zoned property adjoining the property which is the subject of the conditional use application, unless specifically authorized by the planning and zoning board; however, access directly from the street or from adjoining residential property shall not be provided to a parking lot located on single- family residentially zoned property. (cd) The use shall comply with all of the general standards contained in section 41.052. (de) Noncommercial parking lots which adjoin residentially zoned property shall be provided with an opaque fence or wall along all property lines adjoining the residentially zoned property; such fence or wall may be erected to a hei,gbt gr atg ihan_1 Vowed env S�rtion 42 26s if such Wight is determined necessary by dlie board to provide acceptab e buffering of surr_ ound ngpr_ i s and o achieve improved com. ti�a bWJX hgtween land uses., ether --than Tp�xkiD,g of trajjers� boats, boat trailers, recreational vehicles, semitrailer trucks or cabs, commercial vehicles, buses, or vehicles designed to transport wastes or hazardous or noxious materials; whiek -am ja prohibited In or�mrnedia elv a joining residential_ districts. V.- h-106- S 9i net.-be sed -fer- All site lighti g sbgJl be directed away from a4joning properties and s g is -of -w lieh 'n�dioinina � iden degree c�to_ff fPa 1ru_M ate li h t AV - }igbting of sue par4dag let A 1} 1 .1 ".r,l` •. W-e.. 1 11.11 .1 �/ I •1 ` .!e •' . W-0— • , t.' 111 ►. 1 ll I' �l.'� 1 11 ( No portion of any parking space shall be closer than ten feet from the property line of any adjoining single - family residentially zoned property. (fg) All applicable requirements of sections 42.34 and 42.27 shall be satisfied without the granting of any variance therefrom. /U3— Sue�g- 11 .,.,t J, oaf this �d ethe e 7� �.rcva�w_oc = °v (gi tipl residend -1 trh 3Jx parking shall be guaranteed to remain available through ownership, unity of title. a long term lease or other appropriate instrument running with the land for a term equaling or exceeding the projected life of the use which the parking is to serve. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. Section This ordinance shall.take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: Leslie Dougall- d Asst. City Attorney September 19, 1996 October 3,_1996 f&_L,4�, Rita Garvey, Mayor- Commis z ner Attest: Cy `a E, Goudeau, City Clerk ordnance 6076 -96