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    A Times Editorial

    Neighborhood rules help prevent decline

    © St. Petersburg Times, published January 30, 2001


    Neighborhoods in Clearwater that have had trouble maintaining a nice appearance and have found their deed restrictions difficult or impossible to enforce now have a real alternative to sliding into decline.

    With the city's help, they can create a special set of rules that applies only to their neighborhood, and the city will enforce the new rules.

    So-called "overlay districts" are not new. They have been used in recent years in many cities, usually to help a particularly troubled area such as a slum or abandoned commercial area. Overlay districts have additional regulations that, in only one geographic area, "overlay" the rules that apply citywide.

    But this particular application of overlay districts -- tailoring them to substitute for unenforceable deed restrictions in neighborhoods -- is new for Clearwater.

    Several Clearwater neighborhoods have been working to qualify for the special districts. It isn't an easy process.

    The city requires that the neighborhood petition the city for the district and have signatures from at least 60 percent of the property owners. Then a seven-member committee of residents is created to recommend new regulations, and several public meetings must be held before the new rules are decided upon. It is a democratic process.

    After that, city code enforcement officers and police help enforce the rules.

    Overlay districts create a unique opportunity for self-determination for neighborhoods. Coachman Ridge, a Clearwater neighborhood that petitioned for a district, is considering new rules that would, for example, require that propane tanks used for heating swimming pools be placed underground.

    In Island Estates, another neighborhood that wants a special district, residents are considering rules that would prohibit anyone in the neighborhood from renting condos to tourists for less than one month and would prevent subdividing of existing lots.

    Such rules more commonly are addressed in deed restrictions. But some Clearwater neighborhoods discovered that those restrictions were not worth the paper they were written on. Changes had been made improperly over time, or the restrictions had expired, or they could be enforced only by neighbors suing each other. Who wants that?

    In response to a plea for help from such neighborhoods, Clearwater officials came up with a fair process that could be used to customize local laws to fit a neighborhood's needs. It is a creative way to help neighborhoods sustain themselves over time, and will lead to a healthier and more attractive city.

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