6928-02
ORDINANCE NO 6928-02
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
COMPREHENSIVE AMENDMENTS TO THE COMMUNITY
DEVELOPMENT CODE; AMENDING ARTICLE 1, GENERAL
PROVISIONS BY ADDING A PROVISION REGARDING ZONING
DISTRICT BOUNDARIES; AMENDING ARTICLE 2, ZONING
DISTRICTS, BY REVISING THE MINIMUM STANDARD
DEVELOPMENT DIAGRAMS IN ALL RESIDENTIAL ZONING
DISTRICTS; AMENDING ARTICLE 2 ZONING DISTRICTS, BY ADDING,
DELETING, AND/OR REVISING USES, DIMENSIONAL, AND/OR
FLEXIBILITY CRITERIA IN THE LOW MEDIUM DENSITY
RESIDENTIAL DISTRICT, COMMERCIAL DISTRICT, TOURIST
DISTRICT, OFFICE DISTRICT, INSTITUTIONAL DISTRICT,
INDUSTRIAL, RESEARCH, AND TECHNOLOGY DISTRICT, AND THE
COACHMAN RIDGE NEIGHBORHOOD CONSERVATION OVERLAY
DISTRICT; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, BY
MAKING REVISIONS TO THE DEVELOPMENT STANDARDS WITH
REGARD TO ACCESSORY USE/STRUCTURES, DOCK/MARINAS,
EROSION AND SILTATION CONTROL, FENCES AND WALLS,
GENERAL APPLICABILITY STANDARDS, LANDSCAPING/ TREE
PROTECTION, OUTDOOR LIGHTING, PARKING AND LOADING,
PROPERTY MAINTENANCE STANDARDS, SIGNS, AND TEMPORARY
USES; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER
PROCEDURES BY MAKING CHANGES TO PROCESS APPLICATIONS
FOR DEVELOPMENT APPROVAL, APPEALS, SUBDIVISIONS/PLATS,
TREE REMOVAL PERMIT, LAND CLEARING AND GRUBBING, AND
TRANSFER OF DEVELOPMENT RIGHTS; AMENDING ARTICLE 6,
NONCONFORMITY PROVISIONS, BY MAKING CHANGES IN THE
NONCONFORMING STRUCTURE PROVISIONS; AMENDING ARTICLE
7, ENFORCEMENT PROCEEDINGS AND PENAL TIES, BY MAKING
CHANGES IN THE MUNICIPAL CODE ENFORCEMENT
BOARD/SPECIAL MASTER HEARING PROCEDURES; AMENDING
ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, BY
ADDING AND REVISING DEFINITIONS; AND PROVIDING 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, since the effective date of the new Community Development Code, the City of
Clearwater has reviewed numerous development proposals in all zoning districts in all parts of the City and
which utilize Minimum Standard, Flexible Standard, and Flexible levels of review, and
WHEREAS, the City of Clearwater has conducted an in-depth review of the Community
Development Code and has identified development standards, procedures, and zoning districts which need
amendment to more fully implement the redevelopment intent ofthe Code; and
Ordinance No. 6928-02
WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local
Planning Agency, has reviewed this amendment, conducted a public hearing and considered all public
testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive
Plan; and
WHEREAS, the City Commission has fully considered the recommendations of the Community
Developtnent Board and testimony submitted at its public hearing; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Article 1. General Provisions. Section 1-109. Zoning Atlas is hereby amended by
adding subsection 1-109. Zoning Atlas as follows:
Section 1-109. Zoning atlas.
A. The Zoning Atlas of the City of Clearwater consists of a map of the city,
published in the form of an atlas or book containing a title and summary
page and additional separate sheets, each covering a portion of the city,
depicting all real property within the city and designating the variou_s
zoning districts and the boundaries thereof. The zoning atlas shall be in
sufficient detail so that property owners may locate their properties with
respect to the zoning district boundary lines. The zoning atlas shall be
available for inspection and examination by members of the public at all
reasonable times as any other public record. The zoning atlas is not
included herein, but such atlas is on file and available for inspection in
the Planning Department.
B. Interpretation of district boundaries. Where uncertainty exists as to the
boundaries of zoning districts as shown on the zoning atlas, the
following rules shall apply:
1. Delineation of boundaries. Zoning district boundaries are shown
as heavy lines upon the zoning atlas and are superimposed upon
lighter lines designating section lines, fractional section lines,
platted lot lines, streets, city limits and other physically
identifiable ground features or extensions of same, unless other
specific distances in feet or other angles, bearings, radii and
other references to a boundary location are specified.
2. Boundaries in streets. Zoning district boundary lines when
located in streets or other public right-of-ways shall be
interpreted as located on the centerline of such rights-of-ways.
3. Interruption of boundary lines. Boundary lines which are
interrupted to show street names or other identification numbers
or letters upon the official zoning atlas shall be interpreted as
extending through such identifications unless otherwise
specified.
2
Ordinance No. 6928-02
4. Shore, seawall or bulkhead lines. Zoning district boundary lines
shall be construed to follow such shore, seawall or bulkhead
lines, and in the event of change in the shore, seawall or
bulkhead lines, shall be construed as following the changed
shore, seawall or bulkhead line; boundaries indicated as
approximately following the center lines of streams, rivers,
canals, lakes or other bodies of water shall be construed to
follow such center lines.
5. Boundary line unclear. When the exact location of a zoning
district boundary line is not clear, its location shall be
determined by the Community Development Coordinator using
the following criteria in order of importance: the appropriate
ordinance as passed by the City Commission; the Future Land
Use Plan (FLUP) boundary line; and historical development
patterns.
C. Zoning of annexed properties. Property annexed to the City shall be
rezoned through the city ordinances, the zoning classification which
most closely relates to the Pine lias County zoning classification, as
determined by the Community Development Coordinator, in effect at the
time of such annexation and the City zoning atlas referred to in Section
1-I09.A shall be amended or posted accordingly.
Section 2. Article 2. Zoning Districts, Section 2, District Use Chart IS hereby amended as
follows:
Chart 2-100 Permitted Uses
Use Categories LDR LMDR MDR MHDR HDR MHP C T D 0 I IRT OSR P CRNCOD
Residential , '. ..,........,'..... . ',". ..., ..
,: .,.".".'.,. .. ",. ..,.. ".' .'. .., . ,...,. ..,. . ....
Detached dwellings X X X X X X X
Attached dwellings X X X X X X
Accessory dwellings X X X X X X
Community residential X X X X X X X
-
homes
Mobile home X
Mobile home park X
Residential infill project X X X X X
Nonresidential .....'.m ".., >u '. ,. .'.,. ..... "'."..' '.'. ,.
.., , '.. , ..,.
Adult uses X X
Airport X
Alcoholic beverage sales X X X
Animal grooming and X X X
boarding
Assisted living facilities X X X X
Auto service stations X X
3
Ordinance No. 6928-02
Cemeteries X
Comprehensive infill X X X X X X X
edevelopment project
(CIRP)
Congregate care X X X X
Convention center X
Educational facilities X X X X
CJovernmental uses X X X X X
Halfway houses X
Hospitals X
ndoor X X X
ecreation/ entertainment
Light assembly X
Limited vehicle sales/display X X
lLimited vehicle service X
Manufacturing X
!Marinas X X X X X
!Marinas facilities X X X X X
!Medical clinic X X X X
!Mixed use X X
[Nightclubs, taverns and bars X X X X
[Non-residential parking X X X X
[Nursing homes X X X X
pffices X X X X X X
pff-street parking X X
Open space X
Outdoor X X X X X X
ecreation/ entertainment
Outdoor retail sales, display X X
and/or storage
Overnight accommodations X X X X X X X X X
Parking garages and lots X X X X X X
Parks and recreation X X X X X X X X X X X X
facilities
Places of worship X X X X
Problematic use X
Public facility X X
Public transportation X X X X X X X X
facilities
Research and technology use X
Residential shelters X X X
Restaurants X X X X X X
Retail sales and services X X X X X X X X
R V parks X
Salvage yard X
Schools X X X X X X X
4
Ordinance No. 6928-02
Self-storage warehouse X X
Sidewalk vendors X X
Social and community X X X X
- -
centers
Social/public service X X X X X X
- -
agencies
Telecommunications towers X X X X X
TV/radio studios X X
Utility/infrastructure X X X X X X X X X X X X X X
-
L'acilities
Vehicle sales/displays X X
Vehicle sales/displays, major X
Vehicle service X
IV ehicle service, major X
IV eterinary offices X X X
~holesale/distribution/ware X
Ihouse facility
Section 3. Article 2. Section 2-102 Low Density Residential District ("LDR") Minimum standard
development diagram is hereby amended by deleting "Accessory uses setback: front 20 feet" from the
diagram and revising "accessory uses" to "accessory structures" and deleting reference to "Det
swimming pool" and replacing it with "accessory structures."
Section 4. Article 2. General Provisions, Table 2-202 "LMDR" District Minimum Standard
Development, is hereby amended as follows:
Table 2-202. "LMDR" District Minimum Standard Development
Use Min. Min. Min. Max. Min.
Lot Size Lot Setbacks Height Off-Street
(sq. ft.) Width (ft.) (ft.) Parking
(ft.)
Front Side Rear ( 1 )
ACC0SS01)' -W
pools aad
SGf@@R
@nclosur@s
Community 5,000 50 25 5 15 30 2/unit
Residential
Homes (up to
6 residents)
Detached 5,000 50 25 5 15 30 2/unit
Dwellings
5
Ordinance No. 6928-02
Section 5. Article 2. Section 2-202 Low Medium Density Residential District ("LMDR")
Minimum standard development diagram is hereby amended by deleting "Accessory uses setback: front
20 feet" from the diagram and revising "accessory uses" to "accessory structures" and deleting reference
to "swimming pool" and replacing it with "accessory structures."
Section 6. Article 2. Section 2-302 Medium Density Residential District ("MDR") Minimum
standard development diagram is hereby amended by deleting "Accessory uses setback: front 20 feet"
from the diagram and revising "accessory uses" to "accessory structures" and deleting reference to
"swimming pool" and replacing it with "accessory structures."
Section 7. Article 2. Section 2-402 Medium High Density Residential District ("MHDR")
Minimum standard development diagram is hereby amended by deleting "Accessory uses setback: front
20 feet" from the diagram and revising "accessory uses" to "accessory structures" and deleting reference
to "swimming pool" and replacing it with "accessory structures."
Section 8. Article 2. Section 2-502 High Density Residential District ("HDR") Minimum
standard development diagram is hereby amended by deleting "Accessory uses setback: front 20 feet"
from the diagram and revising "accessory uses" to "accessory structures" and deleting reference to
"swimming pool" and replacing it with "accessory structures."
Section 9. Article 2. Section 2-602 Mobile Home Park ("MHP") Minimum standard development
diagram is hereby amended by deleting "Accessory uses setback: front 20 feet" from the diagram and
revising "accessory uses" to "accessory structures" and deleting reference to "swimming pool" and
replacing it with "accessory structures."
Section 10. Article 2. Division 7. Commercial District, Section 2-702, Table 2-702 "c" District
Minimum Development Standards, is hereby amended as follows:
Table 2-702. "C" District Minimum Development Standards
Use Min. Min. Max. Min. Min. Min. Min.
Lot Lot Height Front Side Rear Off-Street
Area Width (ft.) (ft.) (ft.) (ft.) Parking Spaces
(sq. ft.) (ft.)
Governmental Uses 1 0,000 100 25 25 10 20 4/1,000 SF GF A
(1)
Indoor Recreation! 10,000 100 25 25 10 20 5/1000 SF
Entertainment GF A or
SIlane, 2/court
or 1/machine
6
Ordinance No. 6928-02
Marinas ~ W ~ ~ -W ;W 1 space per 2
&I-4*;
Offices 10,000 100 25 25 10 20 4/1,000 SF GFA
Overnight 40,000 200 25 25 10 20 1/unit
Accommodations
Parks and n/a n/a 25 25 10 20 1 per 20,000 SF
recreational land area or as
facilities determined by
the Community
Development
Coordinator
based on lTE
Manual
standards
Places of Worship 40,000 200 25 25 10 20 1 per 2 seats
Restaurants 10,000 100 25 25 10 20 15/1,000 SF
GFA
Retail Sales and 10,000 100 25 25 10 -l2Q 5/1,000 SF GFA
Services 20
Social and 10,000 100 25 25 10 20 5/1 ,000 SF GF A
- - -
Community Centers
Vehicle 40,000 200 25 25 10 20 2.5/1,000 SF
Sales/Display LOT SALES
AREA
Section 11. Article 2. Division 7. Commercial District, Section 2-703, Table 2-703 "c" District
Flexible Standard Development Standards is hereby amended as follows:
Table 2-703. "C" District Flexible Standard Development Standard1i
Use Min. Min. Max. Min. Min. Min. Min.
Lot Lot Height Front Side Rear Off-Street
Area Width (ft.) (ft.)* (ft.) (ft.) Parking
(sq. ft.) (ft.)
~ccessory Wa n/a n/a n/a n/a n/a 1 space per
IDwellings unit
Adult Uses ~,OOO 50 "5 ')5 10 ?O 5 per 1,000
kiFA
~lcoholic 10,000 100 ")5 ')5 10 ')0 5 per 1,000
lBeverage Sales GFA
7
Ordinance No. 6928-02
lAutomobile 10,000 100 ~5 ~5 10 120 5/1,000 SF
Service Stations GFA
IEducationa1 40,000 200 125 125 10 120 1 per 2
I
Pacilities students
Governmental 10,000 100 125--50 125 10 20 4 spaces per
Uses (1) 1,000 GFA
ndoor Recreation! 10,000 100 125 "5 10 120 3-5/1000 SF
Entertainment GFA
or 3- Silane,
1-2/court or
1/machine
. . . {\{\{\ ., {\ (\{\{\ ~ ~ ~ W ~ ~~~ .,
, , ~ r
Medical clinics 10,000 100 ~5 25 10 120 2-3/,1000
OFA
Nightclubs 10,000 100 ~5 25 10 20 10 per 1,000
GFA
Offices 10,000 100 ~5--50 ')5 0--10 10--20 3--4 spaces
per 1,000 GFA
Off Street Parking 10,000 100 In/a 25 10 ')0 n/a
Outdoor Retail 10,000 100 125 ')5 10 20 10 per 1,000
Sales, Display of land area
and/or Storage
Overnight 20,000-40,000 150- 25--50 25 0--10 10~-20 1 per unit
Accommodations 200
Places of Worship ~0,000-40,000 100- 25--50 ~5 10 20 .5-1 per 2
2) "00 seats
[Public In/a n!a 10 In/a n!a n/a n!a
~ransportation
!Facilities (3)
!Restaurants 5,000--10,000 50- -100 25--35 ~5 0-- 1 0 10--20 7 -- 15 spaces
per 1,000 GF A
[Retail Sales and 13,500--10,000 35-100 ., 5- 35 125 0---10 10--20 14--5 spaces
Services per 1,000 GFA
Social and B.500--10.000 35-100 ') 5- 35 125 Kl-- 1 0 10--20 \4--5 spaces
F='- ~
Community Center Iper 1 000 GF A
8
Ordinance No. 6928-02
Utility a nfa 10 fa
Infrastructure
acilities (4)
ehicle 0,000--40,000 150- - 5 10 .5 spaces per
Sales/Displays 00 1,000 of lot
sales area
eterinary Offices 10,000 100 5 10 spaces per
r Animal 1,000 GFA
rooming and
Boarding
Section 12. Article 2. Division 7. Commercial District. Section 2-703 is hereby amended by
deleting flexible criteria for Marina Facilities re-lettering the subsequent subsections as appropriate:
* * * *
H. MariNa/aGilities.
1. Th@ parc@l proposed for development is not locat@d in areas identified in
the Compr@h@nsiv@ Plan as areas of @nviroAm@Atal significance
including:
a. Th@ north @Ad ofCl@arwat@r B@aeh;
b. Cl@arwat@r Harbor grass beds;
c. Coop@r's Point;
d. Cl@arwat@r Harbor spoil islands;
@. ~and K@y Park;
f. Th@ south@rF\ edge of .^.l1igator Lak@.
2. No comm@rcial activiti@s other than the mooring of boats on a rental
basis shall b@ permitted OA aAY parc@l of land which is contiguous to a
parc@l of laRd which is designated as residential in the Zoning Atlas,
unl@ss the marina facility is totally scr@@n@d from view from the
contiguous land which is designated as residential and the hours of
operation of the eomm@rcial acti'/ities are limited to the time period
between sunrise and sunset.
3. Let QI'{!a: The parcel proposed f.or de\'elopmtlllt was an existing lot of
less than 20,000 square feet and was not iA commOA o'NA@rship with any
contiguous property on May 1, 1995 or the reduction in lot 'Nidth will not
9
Ordinance No. 6928-02
r@sylt in a facility ,,:bicR is Oyt of scal@ '.yith existing byildings in the
immediate vicinity of the parcel proposed f.or d@velopment.
* * * *
Section 13. Article 2. Division 7. Commercial District ("C"). Section 2-703. is hereby amended
by adding Social and Community Center and renumbering the subsequent subsections as appropriate:
Q. Social and Community Centers.
1. The parcel proposed for development does not abut any property
designated as residential in the Zoning Atlas.
2. Front Setback: The reduction in front setback results in an improved site
plan or improved design and appearance.
3. Side and rear setback: The reduction in side and/or rear setback is
necessary to preserve protected trees and/or results in an improved site
plan or more efficient design and appearance and results in landscaping
in excess of the minimum required.
4. Lot size and width: The parcel proposed for development was an existing
lot of less than 10,000 square feet and was not in common ownership
with any contiguous property on May I, 1998.
5. Heif!ht:
a. The increased height results in an improved site plan,
landscaping areas in excess of the minimum required or
improved design and appearance;
b. The increased height will not reduce the vertical component of
the view from any contiguous residential property.
6. Off-street parkinf!; The physical characteristics are such that the likely
uses of the property will require fewer parking spaces per floor area than
otherwise required or that the use of significant portions of the building
will be used for storage or other non-parking demand-generated
purposes.
Section 14. Article 2. Division 7. Commercial District, Section 2-703.S.Utility/infrastructure
facilities is hereby amended as follows and renumbering the subsequent subsections as appropriate:
1. No aho'/@ grOl:IRd stmctl:lr@s are located adjacent to a street right of 'Nay:
10
Ordinance No. 6928-02
* * * *
Section 15. Article 2. Division 7. Commercial District. Section 2-704, Table 2-704 "c" District
Flexible Development Standards is hereby amended as follows:
Table 2-704. "C" District Flexible Development Standards
Use Min. Min. Max. Min. Min. Min. Min.
Lot Area Lot Front Side Rear Off-Street
(sq. ft.) Width Height (ft.) (ft.) (ft.) Parking
(ft.) (ft.)
Alcoholic beverage 5,000--10,00 50--100 25 15- - 25 0-10 10 --20 5 per 1,000 GFA
sales 0
Comprehensive n/a n/a n/a N/a n/a n/a Determined by the
Infill Community
Redevelopment Development
Project (l) Coordinator based
on the specific use
and/or ITE
Manual standards
Light assembly 5,000- 50--100 25 15- -25 0-10 10--20 4--5 spaces per
10,000 1,000 GFA
Limited vehicle 5,000- 50--100 25 15- -25 0-10 10--20 4--5 spaces per
service 10,000 1,000 GFA
Marina Facilities 5,000--20,00 50 25 25 10 20 I space per 2 slips
- - -
0
Mixed use 5,000- 50--100 25- 50 15--25 0-10 10--20 4--5 spaces per
10,000 1,000 GFA
Nightclubs 5,000--10,00 50--100 25 15- -25 0-10 10- -20 10 per 1,000 GFA
0
Offices 5,000--10,00 50--100 25--50 IS --25 0-10 10--20 3--4 spaces per
0 1,000 GFA
11
Ordinance No. 6928-02
Off-street parking 10,000 100 n/a 15-- 0-10 10-20 n/a
25
Outdoor 20,000 100 25 15 - -25 10 10--20 1--10 per 1,000
Recreation/ SQ FT of land
Entertainment area or as
determined by the
Community
Development
Coordinator based
on ITE Manua]
standards
Overnight 20,000- 100--20 25--50 15 - -25 0-10 10--20 1 per unit
Accommodations 40,000 0
Problematic Uses 5,000 50 25 15 - -25 10 10- -20 5 spaces per 1,000
SF GFA
Restaurants 3500- 35--100 25--50 IS - -25 0-10 10--20 7--15 spaces per
10,000 1,000 GFA
Retail sales and 5,000- 50--100 25--50 15 - -25 0-10 10--20 4--5 spaces per
servIces 10,000 1,000 GFA
RV Parks 40,000 200 25 15 --25 20 10--20 1 space per R V
space
Self Storage 20,000 100 25 IS - -25 ]0 10--- 1--10 per 1,000
20 SQ FT
of land area
Social/public 5,000- 50--100 25 -- 15--25 0-10 10--20 3-4 spaces per
service agencies(2) 10,000 50 I,OOOGFA
Telecommunicatio 10,000 100 Refer 25 10 20 n/a
n Towers to
Sectio
n 3-
2001
VehicIe 10,000- 100-200 25 IS - -25 10 10--20 2.5 spaces per
sales/displays 40,000 1,000 SQ FT
of lot area
Veterinary offices 5,000--10,00 50--100 25 15 --25 0-10 10- -20 4 spaces per 1,000
or grooming and 0 GFA
boarding
12
Ordinance No. 6928-02
Section 16. Article 2.Division 7. Commercial District. Section 2-704. Flexibility criteria is
hereby amended as follows and re-lettering the subsequent subsections as appropriate:
B. Marina facilities.
1. The parcel proposed for development is not located in areas identified in the
Comprehensive Plan as areas of environmental significance including:
a. The north end of Clearwater Beach;
b. Clearwater Harbor grass beds;
c. Cooper's Point;
d. Clearwater Harbor spoil islands;
e. Sand Key Park;
f. The southern edge of Alligator Lake.
2. No commercial activities other than the mooring of boats on a rental basis shall
be permitted on any parcel of land which is contiguous to a parcel of land which is
designated as residential in the Zoning Atlas, unless the marina facility is totally screened
from view from the contiguous land which is designated as residential and the hours of
operation of the commercial activities are limited to the time period between sunrise and
sunset.
3. Lot area: The parcel proposed for development was an existing lot of less than
20,000 square feet and was not in common ownership with any contiguous property on
May 1, 1998 or the reduction in lot width will not result in a facility which is out of scale
with existing buildings in the immediate vicinity of the parcel proposed for development.
4. All Marina facilities shall comply with the commercial dock requirements set
forth in Section 3-60I.e.3 and the Marina and Marina facilities requirements set
forth section 3-603.
13
Ordinance No. 6928-02
* * * *
Section 17. Article 2. Division 8. Tourist District, Section 2-802, Table 2-802 "T" District
Flexible Standard Development Standards is hereby amended as follows:
Table 2-802. "T" District Flexible Standard Development Standards
Use Min. Min. Max. Min. Density Min.
Lot Lot Height Setbacks Off-Street
Area Width (ft.) (ft.) Parking
(sq. ft.) (ft.)
Front Side Rear
Accessory Dwellings n/a n/a n/a n/a n/a n/a 30 l/unit
units/
acre
Alcoholic Beverage 5,000 50 35 I 0--15 10 20 n/a 5 per 1,000
Sales GFA
Attached Dwellings 10,000 100 35-50 10--15 10 10- 30 1.5 per unit
20 units/
acre
Governmental 10,000 100 35-50 1 0--15 0-- 1 0 lO- n/a 3--4/ 1,000
Uses (1) 20 GFA
Indoor Recreation/ 5,000 50 35- 0-15 0--1 0 20 n/a 10 per 1,000
Entertainment 100 GFA
Marinas ~ ~ ~ +.$ -W ;W n,la 1 spac@ per 2
slips
Medical Clinic 10,000 100 30-50 1 0--15 10 20 20 2--3/1,000
GFA
Nightclubs 5,000 50 35 15 10 20 n/a 10 per 1,000
GFA
Non-Residential Off- n/a n/a n/a 25 5 10 n/a n/a
Street Parking
Offices 10,000 100 35-50 1 0--1 5 0--1 0 lO- n/a 3--4 spaces
20 per 1,000
GFA
14
Ordinance No. 6928-02
Outdoor Recreation 5,000 50 35 10-15 10 20 n/a 2.5 spaces per
!Entertainment 1,000 sq. ft. of
lot area or as
determined by
the
Community
Development
Director
based on ITE
manual
standards
Overnight 20,000 100--150 35-50 10-15 0--10 10- 40 1 per unit
Accommodations 20 rooms/
acre
Parking Garages and 20,000 100 50 15-25 10 10- n/a n/a
Lots 20
Parks and Recreation n/a n/a 50 25 10 20 n/a 1 per 20,000
facilities SF land area
or as
determined by
the
Community
Development
Coordinator
based on ITE
Manual
standards
Public Transportation n/a n/a 10 n/a n/a n/a n/a n/a
Facilities (2)
Sidewalk Vendors n/a n/a n/a n/a n/a n/a n/a nla
Restaurants 5,000-- 50- -100 25--35 1 0-- 15 0--1 0 10--20 n/a 7-15 spaces
10,000 per 1,000
GFA
Retail Sales and 5,000-- 50--100 35--50 1 0--15 0--1 0 10--20 n/a 4-5 spaces
Services 10,000 per 1,000
GFA
Social and 5,000-- 50--100 35--50 1 0-- 1 5 0--] 0 ] 0--20 n/a 1-:=5~ces
- ---~
Community Center 10,000 per I ,000
GFA
Utility /Infrastructure n/a n/a n/a 25 10 10 n/a n/a
Facilities (3)
15
Ordinance No. 6928-02
Section 18. Article 2. Division 8. Tourist District. Section 2-802. E. Marinas is hereby amended
as follows and re-Iettering the subsequent subsections as appropriate.
E. Marin6l8.
I. The parcel proposed for d€lvelopment is not located in areas identified in
the CBmpr€lh€lRsiYe Plan as ar€las of €lnyironm@ntal significance
including:
a. The north €lnd of CI€larv.'ater Beach;
b. Clearwat€lr Harbor grass beds;
c. COBp€lr'S Point;
d. Cl€larwat€lr Harbor spoil islands;
€I. Sand Key Park;
f. Th€l southern edg€l of .A.lligator Lak€l.
2. No commercial acti'/ities oth€lr than th€l mooring of boats on a r€lRtal
basis shall be p€lrmitted Bn any parcel of land which is contiguous to a
parcel of land which is designat€ld as resid€lRtial in the Zoning Atlas.
unless th€l marina facility is totally scr€ltlAed from vi€lv/ from the
contiguous land which is d€lsignat€ld as r€lsid€lRtial and th€l hours of
op€lration of th€l comm€lrcial activiti€lS ar€l limit€ld to th€l time p€lriod
b€ltw€len {):OO a.m. 9:00 p.m.;
3. Th€l d€lsign of all buildings complies with the Tourist District design
guid€llines in Di'/ision 5 of Articl€l 3.
Section 19. Article 2. Division 8. Tourist District, Section 2-802.R.1. Utility/infrastructure
facilities is hereby amended as follows and renumbering the subsequent subsection as appropriate.
~S. Utility / infrastructure facilities.
1. No abo'/€l groynd structur€lS ar€l locat€ld adjac€lnt to a str€let right of way;
* * * *
Section 20. Article 2. Division 8. Tourist District. Section 2-802.R. Social and Community
Centers is hereby amended by adding the following subsection and re-Iettering the subsequent
subsections as appropriate:
16
Ordinance No. 6928-02
* * * *
R. Social and Community Center.
.L The parcel proposed for development does not abut any property designated as
residential in the Zoning Atlas.
2. Front setback: The reduction in front setback results in an improved site plan or
improved design and appearance.
~ Side and rear setback: The reduction in side and/or rear setback is necessary to
preserve protected trees and/or results in an improved site plan or more efficient design
and appearance and results in landscaping in excess of the minimum required.
* * * *
Section 21. Article 2. Division 8. Tourist District. Section 2-803.E. Marina facilities is hereby
amended by adding subsection 2-803.E.5. as follows:
* * * *
5. All Marina facilities shall comply with the commercial dock requirements set forth in
Section 3-60l.C.3 and the Marina and Marina facilities requirements set forth section
3-603.
* * * *
Section 22. Article 2. Division 9. Downtown District, Section 2-902, Table 2-902 "D" District
Flexible Standard Development Standards is hereby amended as follows:
Table 2-902. "D" Flexible Standard Development Standards
Use Max. Min.
Height Off-Street
(ft.) Parking
Accessory Dwellings n/a n/a
Alcoholic Beverage Sales 30-50 3--5 per 1,000 GF A
Attached Dwellings 30-50 1-1.5 per unit
Convention Center 30-50 5 per 1,000 GFA
Indoor Recreation/Entertainment 30 - 50 3 - 5 per 1,000 GFA
Facility
Nightclubs 30-50 3--10 per 1,000 GF A
17
Ordinance No. 6928-02
Offices 30-50 1--3 per 1,000 GFA
Overnight Accommodations 30-50 .75--1 per unit
Parking Garages and Lots 50 n/a
Parks and recreation facilities 50 1 per 20,000 SF land area or as
determined by the Community
Development Coordinator based
on ITE Manual standards
Places of Worship 30-50 .5--1 per 2 seats
Public Transportation Facilities 10 n/a
Restaurants 30-50 5--15 per 1,000 GFA
Retail Sales and Service 30-50 2--4 per 1,000 GF A
Social and Community Centers 30-50 2--4 per 1,000 GF A
Sidewalk Vendors n/a n/a
Utility/Infrastructure Facilities n/a n/a
Section 23. Article 2. Division 9. Downtown District. Section 2-902. Flexible standard development is
hereby amended by adding the following subsection and re-Iettering the subsequent subsections as
appropriate:
E. Indoor Recreation/Entertainment Facility.
L The parcel proposed for development does not abut any property designated as
residential in the Zoning Atlas.
2. Front setback: The reduction in front setback results in an improved site plan or
improved design and appearance.
~ Side and rear setback: The reduction in side and/or rear setback is necessary to
preserve protected trees and/or results in an improved site plan or more efficient design
and appearance and results in landscaping in excess of the minimum required.
Section 24. Article 2. Division 9. Downtown District. Section 2-902. Flexible standard
development is hereby amended by adding the following subsection and re-Iettering the subsequent
subsections as appropriate:
P. Social and Community Centers.
18
Ordinance No. 6928-02
L The parcel proposed for development does not abut any property designated as
residential in the Zoning Atlas.
2. Front setback: The reduction in front setback results in an improved site plan or
improved design and appearance.
3. Side and rear setback: The reduction in side and/or rear setback is necessary to
preserve protected trees and/or results in an improved site plan or more efficient design
and appearance and results in landscaping in excess of the minimum required.
Section 25. Article 2. Division 9. Downtown District, Section 2-902.0. Utility/infrastructure
facilities is hereby amended by deleting section in its entirety and re-Iettering the subsequent subsections
as appropriate:
-h No above ground strUQtures are 10Qated adjaQent to a street right of 'Nay;
Section 26. Article 2. Division 9. Downtown District. Section 2-903.H. Marina and marina
facilities is hereby amended as follows:
4. All Marina facilities shall comply with the commercial dock
requirements set forth in Section 3-601.C.3 and the Marina and Marina
facilities requirements set forth section 3-603.
Section 27. Article 2. Division 10. Office District, Section 2-1003.M. Utility/infrastructure
facilities is hereby amended as follows and renumbering the subsequent subsection as appropriate.
-h No above ground strnQtures are locat@d adjac@Rt to a gtr@@t right of way;
Section 28. Article 2. Division 12. Institutional District. Section 2-1202, Table 2-1202. "I"
District Minimum Development Standards is hereby amended as follows:
Table 2-1202. "I" District Minimum Development Standards
Use Min. Min. Min. Max. Min.
Lot Lot Setbacks Off-Street
Area Width (ft.) Heigh Parking
(sq. ft.) (ft.) t
(ft.)
Front Side Rear
Assisted 20,000 100 25 10 20 50 1 per 1000, SF
Living GFA
Facilities
Cemeteries 20,000 100 25 10 20 50 n/a
19
Ordinance No. 6928-02
Congregate 20,000 100 25 10 20 50 1 per 1000, SF
Care GFA
Educational 40,000 200 25 10 20 50 1 per 2
Facilities students
Governmental 20,000 100 25 10 20 50 4 per 1,000 SF
Uses GFA
Hospitals 5 acres 250 25 25 25 50 2lbed
Marinas ~ ~ 2-5 ~ W W 1 space per 2
&Hfl5
Nursing 20,000 100 25 10 20 50 1 per 1000, SF
Homes GFA
Places of 20,000 100 25 10 20 50 1 per 2 seats
Worship
Parks and n/a n/a 25 10 20 50 1 per 20,000
Recreation SF land area or
Facilities as determined
by the
Community
Development
Coordinator
based on ITE
Manual
standards
Schools 40,000 200 25 10 20 50 1 per 3
students
Section 29. Article 2. Division 12. Institutional District. Section 2-1203, Table 2-1203. "["
District Flexible Standard Development Standards is hereby amended as follows:
Table 2-1203. "I" District Flexible Standard Development Standards
Use Min. Min. Min. Max. Min.
Lot Lot Setbacks Heig Off-Street
Area Width (ft.) ht Parking
(sq. ft.) (ft.) (ft.)
Front Side Rear
20
Ordinance No. 6928-02
Accessory n/a n!a n/a n/a n/a n/a I/unit
Dwellings
Airport n/a n/a n/a n/a n/a n/a n/a
Educational 40,000 200 15--25 10 15- -20 50 .5--1 per 2 students
Facilities
Halfway Houses 10,000 100 15- -25 10 15- -20 30 I per 2 residents
Hospitals 1--5 100- 15- -25 10--25 15- -25 50 1-- 2/bed
acres 250
Marina Faeiliti@s ~ oW 15 25 ~ ~ J.() 1 pl:lr 2 slips
Medical Clinic 20,000 100 15- -25 10 15- -20 30 5/1 000 SF
Outdoor 40,000 200 15- -25 10 15- -20 50 1--10/1,000
recreation! SF Land Area or as
Entertainment determined by the
Community
Development
Coordinator based on
ITE Manual standards
Parking Garages 20,000 100 15- -25 10 15- -20 50 n/a
And Lots
Places of 20,000 100 15- -25 10 15- -20 50 .5--1 per 2 seats
Worship
Public n!a n!a n/a n/a n!a 10 n/a
Transportation
Facilities
Residential 10,000 100 15- -25 10 15- -20 30 I per 2 residents
Shelters
Retail Sales and 10,000 100 15- -25 10 15- -20 50 5 per 1,000 SF GFA
Service
Utilityl n/a n!a 15- -25 10 15- -20 n/a n/a
Infrastructure
Facilities (1)
Assisted Living 15,000- 100 25 5 lQ 30- 1 per 2 residents
Facilities 20,000 50
Nursing Homes 15,000 100- 25 5 IS 30- 1/1,000 sq. ft.
- -
150 40
Social and 20,000 100 15-25 10 15-20 30- 4-5 per 1,000 GFA
Community 40
Center
Congregate Care 20,000 100 25 5 10 30- I per 2 residents
-
50
Section 30. Article 2. Division 12. Institutional District. Section 2-1203.B. is hereby amended as
follows:
21
Ordinance No. 6928-02
B. Airport. Th0 siz0 and dim0nsioRal r0quir0m0nts ofth0 paw:!!1 proposed for d~welopment shall
b0 bases on an aviation study. All development activity identified in the 1999 Airport Master Plan study
as short-term development projects shall be processed as Flexible Standard Development projects, and all
mid-term development projects shall be processed as Flexible Development projects. All development
projects at the City's Airpark must be consistent with the 1999 Master Plan.
Section 31. Article 2. Division 12. Institutional District. Section 2-1203. Marina and marina
facilities is hereby amended by deleting Marinas and marina facilities and re-lettering as appropriate:
* * * *
F. Afari1'las and marinll/m::ilities.
+. The parcel proposed for d€velopl'FIent is not located in ar€as identifi€ld in
the Compr€lh@Rsiv@ Plan as ar0as of 0nvironm@fltal significance
including:
a. Th0 north end of Clearwater B0ach;
b. Clearwat0r Harbor grass b@ds;
c. Cooper's Point;
d. Chlarv/at@r Harbor spoil islaFlds;
@. Sand Key Park;
f. Th0 south@rR @dg@ of Alligator Lake.
2. No comm@rcial activiti@s oth0r than th0 mooring of boats on a r0ntal basis shall
be permitted on any parc01 of land which is contigl:loHs to a parc@1 of land 'Nhich
is d@sigFlat0G as r0sid0ntial in th@ Zoning J'.tlas, l:lnl0ss th0 marina facility is
totally scr@@n@d from vi€w from th0 contigllol:ls land '."hich is d0signat0d as
r0sid0ntial and th0 hOllrs of op@ration of tA0 commercial activiti@s ar0 limit0d to
th0 time p0riod b@t'.'i@0n sl1F1ris0 and Sl1ns0t;
3. Sethack:
a. Th@ r@dllction in front s@tback contribllt0s to a mor@ activ@ and dynamic
str@@t lif0;
b. Th@ r@duction in front s@tback r@slllts III an improv@d sit@ plan or
improv@Q d@sign and app@aranc@;
c. Side and rear sethack: Th@ r0dl1ctioFl iFl sid0 and/or rear s@tback does
not f)r@v@Flt aCC0SS to t r0ar of any bl1ilding by @m@rg0ncy v0Aicl0s; The
r@dllction in sid@ aFld/or r@ar s@tback r0sults in an improv@d sit0 plan,
mor@ @ffici@Flt parking or improv@d d@sign aFld app@aranC0.
-1. Th@ l:IS@ of the parc@1 proposed for d~w@lopm@nt will not involve dir@ct acc@ss to an
arterial street.
22
Ordinance No. 6928-02
* * * *
Section 32. Article 2. Division 12. Institutional District. Section 2-1203, is hereby amended by
adding flexibility criteria for the following uses as follows:
N. Assisted living facilities.
1. The buildings in which the facilities are to be located do not have a flat roof;
2. Off-street parking is screened from adjacent parcels of land and any adjacent
street by a landscaped wall or fence of at least four feet in height;
3. All outdoor lighting is designed and located so that no I ight fixtures cast light
directly on to adjacent land used for residential purposes;
4. All waste disposal containers which serve the proposed use are located within a
landscaped enclosed structure;
5. The parcel proposed for development is not located in a designated
Neighborhood Conservation District, or if the parcel is within the boundaries of a
designated Neighborhood Conservation District, the lot area, lot width and
setbacks are not less than 90 percent of the average lot area, lot width and
setbacks of all improved parcels of land which are located within the
Neighborhood Conservation Immediate Vicinity Area and the height does not
exceed 120 percent of the average height of buildings and structures located
within the Neighborhood Conservation Immediate Vicinity Area.
O. Nursing homes
1. Off-street parking is screened from adjacent parcels of land and any adjacent
street by a landscaped wall or fence of at least four feet in height;
2. All waste disposal containers which serve the proposed use are located within a
landscaped enclosed structure.
P. Social and Community Centers
1. The parcel proposed for development does not abut any property designated as
residential in the Zoning Atlas;
2. Front setback: The reduction in front setback results in an improved site plan or
improved design and appearance;
3. Side and rear setback; The reduction in side and/or rear setback is necessary to
preserve protected trees and/or results in an improved site plan or more efficient
23
Ordinance No. 6928-02
design and appearance and results In landscaping in excess of the mlnlmum
required.
Q. Congregate care.
1. The buildings in which the use is to be located do not have a flat roof;
2. Off-street parking is screened from adjacent parcels of land and any adjacent
street by a landscaped wall or fence of at least four feet in height;
3. All outdoor lighting is designed and located so that light fixtures do not cast light
directly on to adjacent land used for residential purposes;
4. All waste disposal containers which serve the proposed use are located within a
landscaped enclosed structure.
Section 33. Article 2. Division 12. Institutional District, Section 2-1203.N. Utility/infrastructure
facilities is hereby amended as follows and renumbering the subsequent subsection as appropriate.
* * * *
-h No abo'.'@ grmmd stmctyr@s are locat@d adjac@nt to a street right of way;
Section 34. Article 2 Division 12. Institutional District. Section 1204. Table 2-1204 "I" District
Flexible Development is hereby amended as follows:
Table 2-1204. "I" District Flexible Development
Use Min. Min. Min. Max. Min.
Lot Lot Setbacks Height Off-Street
Area Width (ft.) (ft.) Parking
(sq. ft.) (ft.)
Front Side Rear
Comprehensive n/a n/a n/a n/a n/a n/a Determined by
Infill the
Redevelopment Community
Project (1) Development
Director based
on the specific
use and/or lTE
Manual
standards
24
Ordinance No. 6928-02
Marina and Marina 5,000 50 15- -25 1 0--15 0--20 30 1 per 2 slips
Facilities
Social and 20,000 100 15- -25 10 15- -20 30 4- -5 per 1000
community centers GFA
Social/public 10,000 - 100 15- -25 10 15--20 30 2 - -3 per
. . 20,000 1,000 GFA
service agencies
Telecommunication 10,000 100 25 10 20 Refer to n/a
Towers Section
3-2001
Section 35. Article 2. Division 12. Institution District. Section 2-1204. Flexibility criteria is
hereby amended as follows and re-Iettering as appropriate:
* * * *
E. Marinas and marina facilities.
1. The parcel proposed for development is not located in areas identified in
the Comprehensive Plan as areas of environmental significance
including:
a. The north end of Clearwater Beach;
b. Clearwater Harbor grass beds;
c. Cooper's Point;
d. Clearwater Harbor spoil islands;
e. Sand Key Park;
f. The southern edge of Alligator Lake.
2. No commercial activities other than the mooring of boats on a rental basis shall
be permitted on any parcel of land which is contiguous to a parcel of land which
is designated as residential in the Zoning Atlas, unless the marina facility is
totally screened from view from the contiguous land which is designated as
residential and the hours of operation of the commercial activities are limited to
the time period between sunrise and sunset;
3. Setbacks:
a. The reduction in front setback contributes to a more active and dynamic
street life;
25
Ordinance No. 6928-02
b. The reduction in front setback results in an improved site plan or
improved desi,gn and appearance;
c. Side and rear setback: The reduction in side and/or rear setback does
not prevent access to t rear of any buildin,g by emer,gency vehicles; The
reduction in side and/or rear setback results in an improved site plan,
more efficient parkin,g or improved desi,gn and appearance.
4. The use of the parcel proposed for development will not involve direct access to
an arterial street.
5. All Marina facilities shall comply with the commercial dock requirements set
forth in Section 3-601.C.3 and the Marina and Marina facilities requirements set
forth section 3-603.
* * * *
Section 36. Article 2. Division 13. Industrial, Research, and Technology District. Section 2-
1303, is hereby amended as follows:
Table 2-1303. "IRT" District Flexible Standard Development
Uses Min. Min. Min. Max. Min.
Lot Lot Setbacks Height Off-Street
Area Width (ft.) (ft.) Parking
(sq. ft.) (ft.)
Front * Side/
Rear
Automobile 20,000 100 20 15 30 4/1 000 SF GF A
Service Stations
Major Vehicle 20,000 100 20 15 30 4/1000 SF GF A
Service
Manufacturing 10,000 100 20 15 50 1.5/1,000 SF
GFA
Offices 20,000 200 20 15 50 3/1 ,000 SF GF A
Outdoor 40,000 200 20 15 30 1--10/1 ,000
Recreation SF Land Area or
/Entertainment as determined by
the Community
Development
Coordinator
based on ITE
Manual
standards
26
Ordinance No. 6928-02
Outdoor Storage accessory n/a 20 15 30 Accessory
Parking lots 10,000 100 20 15 n/a n/a
Public Facilities 10,000 100 20 IS 50 1-2 per 1,000
GFA
Public n/a n/a n/a n/a 10 n/a
Transportation
Facilities (1)
Research and 10,000 100 20 15 50 2/1 ,000 SF GF A
Technology
Residential 5,000 50 20 15 30 3/1,000 SF GFA
Shelters (2)
Retail Sales and n/a n/a N/a n/a n/a n/a
Services
Restaurants n/a n/a N/a n/a n/a n/a
Self Storage 10,000 100 20 15 50 2/1 000 SF
TV/Radio 10,000 100 20 15 50 4/1 000 SF GF A
Studios
Utility/ n/a n/a 20 15 n/a n/a
Infrastructure
Facilities (3)
Vehicle 40,000 200 20 15 30 1.5/1 ,000
Sales/Displays SF Lot .^.rea Lot
-
and Major Sales Area
Vehicle
Sales/Displays
(4)
Vehicle Service 10,000 100 20 15 50 1.5/1,000 SF
GFA
Veterinary 10,000 100 20 15 30 5/1 ,000 SF GF A
Offices- or
Animal
Grooming
Wholesale/ 10,000 100 20 15 50 1.5/1,000 SF
Distribution/ GFA
Warehouse
facility
Section 37. Article 2. Division 13. Industrial, Research and Technology District, Section 2-
1303.P. Utility/infrastructure facilities is hereby amended by deleting subsection as follows and re-
lettering the subsequent subsection as appropriate.
+: No above grOl:lRd stnlctwres are located adjacent to a street right of way;
27
Ordinance No. 6928-02
Section 38. Article 2. Division 16. Coachman Ridge Neighborhood Conservation Overlay
District. Section 2-1601, Table 2-1601(D) "CRNCOD" Minimum Development is hereby amended as
follows:
Table 2-1601(D). "CRNCOD" Minimum Development
Use Min. Lot Min. Lot Min. Setbacks (ft.) Max. Min. Off-
Area Width (ft.) Height Street
(sq. ft.) (ft.) Parking
Front Side Rear Corner
Side
Yard (1)
Property
with
underlying
zoning of
LDR:
Community ~ +00 ~ ~ ~ ~ W ~
R-€lsid@ntial attacH@d
Hom@s ({j or garage per
fewet: d'.\'@lling
r@sid@nts)
Detached 30,000 100 25 15 25 25 30 2 car
Dwellings attached
ill garage per
dwelling
Property
with
underlying
zoning of
LMDR:
Community -9,QOO go ~ 1- -l-() ;W W ~
R-esid@ntial attach@d
Hem@s ({j or garage per
fewet: dwelling
r@sid@nts)
2 car
Detached 9,000 80 25 7 10 20 30 attached
Dwellings garage per
ill dwelling
(1) A corner side yard is the side yard of a corner lot that abuts a public right-of-way.
(2) Community Residential Homes (6 or fewer residents) shall be considered a detached
dwelling.
28
Ordinance No. 6928-02
Section 39. Article 3. Division 2. Development Standards. Section 3-201.B.4. is hereby amended
as follows:
4. The accessory use and structure is located on the same property as the principal
use and located behind the front edge of the principal structure.
Section 40. Article 3. Division 2. Development Standards. Section 3-20I.B.I O. is hereby added
as follows and renumbering the subsequent subsections as appropriate:
* * * *
10. In-ground pools that are 12 inches or less above grade shall be classified as an
accessory structure. In-ground pools that are greater than 12 inches or more
above grade shall be classified as a principal structure.
Section 41. Article 3. Division 6. DocklMarina Standards. Section 3-601.C.1.a. IS hereby
amended as follows:
a. Setbacks. A dock shall be located in the center one-third of the lot or twenty (20)
feet from any property line as extended into the water, whichever is less, unless
the dock is proposed to be shared by adjoining properties whereupon the dock
may be constructed on the common property line provided that all other
standards of this division are met. Boatlifts and service catwalks shall be a
minimum of ten (10) feet from any property line extended into the water. Tie
poles shall be setback a minimum of one (I) foot from any extended property
line. Single pile davits and personal watercraft lifts are exempt from these
setback requirements provided they are contained entirely within the extended
property lines. All watercraft must be contained entirely within the extended
property lines.
Section 42. Article 3. Division 6. Dock/Marina Standards. Section 3-601.C.2. Multi-Use Docks.
is hereby amended as follows:
2. Multi-Use Docks. A multi-use dock, which is any dock owned in common or
used by the residents of a multi-family development, condominium, cooperative
apartment, mobile home park or attached zero lot line development shall be
permitted as a Level One (minimum standard) use provided such dock is less
than 500 square feet in deck area and complies with the dimensional standards
set forth in Section 3-601(C)(3)(h). Deviations to the dimensional standards for
multi-use docks may be reviewed and approved in accordance with Section 3-
602 .C.I.g.
Section 43. Article 3. Division 7. Erosion and Siltation Control. Section 3-702.B. is hereby
amended as follows:
B. Stabilization of denuded areas. No disturbed area may be left denuded, and every
disturbed area must be covered by mulches such as straw, hay, filter fabric, seed
29
Ordinance No. 6928-02
and mulch, sod or other approved material to the extent necessary to cover
otherwise denuded areas unless Community Development Coordinator
determines that the circumstances do not require such covering. Within @ 30
days after the final grade is established on any portion of a project site, that
portion of the site shall be provided with established permanent soil stabilization
measures according to the original construction plan, whether by impervious
surface or landscaping.
Section 44. Article 3. Division 8. Fences and Walls. Section 3-804.A. is hereby amended as
follows:
A. Front setback. Walls and fences located in a front s@tback of a principal structure
shall be permitted to a maximum height of thirty-six (36) inches with the
following exceptions:
* * * *
Section 45. Article 3. Division 8. Fences and Walls. Section 3-804.B. is hereby amended as
follows:
* * * *
B. Side and rear setback areas. Fences and walls shall be permitted to a maximum
height of six (6) feet in the required side and rear s@tbacks between the principal
structure and any side or rear lot line. Such fences may be permitted up to eight
(8) feet in height, however, if located in the Industrial, Research, and Technology
District ("IRT").
* * * *
Section 45A. Article 3. Division 8. Fences and Walls. Section 3-804.F. is hereby amended as
follows:
* * * *
F. Exception for attached dwellings. No fence or wall over few: six feet in height
shall be permitted on any attached dwelling lot, except where the fence or wall is
installed along the boundary of the property, in which case the fence or wall shall
be uniformly designed and shall meet the height limits and other standards
otherwise applicable to the fence or wall.
* * * *
Section 46. Article 3. Division 8. Fences and Walls. Section 3-805. Chainlink fences is hereby
amended by adding provision to prohibit chainlink fences in the Downtown District and re-lettering the
subsequent subsections as appropriate:
Section 3-805. Chain link fences.
30
Ordinance No. 6928-02
The following requirements shall apply to chain link fences.
A. Chainlink fences are prohibited within the Downtown District.
A B Front setback. Chainlink fences shall not be permitted in the front yard setback
area. Chain link fences shall only be located on a parcel to the rear of the front
building line of the principal building, unless permitted pursuant to Section 3-
802(E) above.
/h.c. Side and rear setbacks. Chain link fences located in a side or rear yard shall not
exceed forty-eight (48) inches or six (6) feet if clad with green or black vinyl. If
such side or rear yard is adjacent to a public right-of-way, however, sllch
chain link fence shall not be permitted.
bD. Landscaping requirements. Chain link fences which are not otherwise required to
be landscaped by Article 3 Division 12 shall be landscaped with a continuous
hedge or a nondeciduous robust growing vine at frequent intervals. Such
landscaping may be located on the external or internal side of the fence along the
entire length of the fence.
AE. Public or private recreational facilities. Chain link fences for public or private
tennis courts, golf courses and driving ranges, athletic fields, play COllrtS, batting
cages and other similar uses are exempt from height regulations contained in this
section and the location restriction of 3-80~ lID above.
* * * *
Section 47. Article 3. Division 9. General Applicability Standards. Section 3-902.
Comprehensive plan densities/intensities is hereby amended by adding the following subsection:
D. When calculating the lot area and/or density/intensity of a property, the total of
either number shall not be rounded up to the next whole number.
Section 48. Article 3. Division 9. General Applicability Standards. Section 3-904. Sight visibility
triangle is hereby amended by deleting sight triangle (arterials and collectors) diagram, and deleting
street and driveway title name on diagram. Deleting 10' from pavement edge or roadway (ifno sidewalk).
Deleting 5' from back of sidewalk, and renaming right-of-way and driveways and inserting new diagram
that requires a 20 feet setback from the edge of the property line pursuant to Exhibit A.
Section 49. Article 3. Division 9. General Applicability Standards. Section 3-908. Permitted
encroachments into setbacks and over street rights-of-ways is hereby amended as follows:
* * * *
A. Building projections which are affixed solely to the building and not directly affixed
to the ground such as building fascias, roof overhangs, eaves, canopies other than
freestanding canopies, awnings, marques, and other similar projections, shall be
permitted to project into required setbacks as specified below.
31
Ordinance No. 6928-02
* * * *
Section 49A. Article 3. Division 9. General Applicability Standards. Section 3-908. Permitted
encroachments into setbacks and over street rights-of-ways is hereby amended as follows:
* * * *
D. Balconies, decks, bay windows, and similar features that linearly extend 50 percent or
less of the width of the building wall to which they are attached shall be permitted to
extend into a required set back area not more that W 24 inches provided that through
access is not obstructed.
Section 50. Article 3. Division 9. General Applicability Standards. Section 3-912. Outdoor
displays/storage is hereby amended as follows:
Section 3-912. Outdoor display/storage.
Unless otherwise expressly permitted in the zoning district in which the property
is located, the outdoor display and storage of goods and materials is prohibited.
All goods aFld materials shall b@ stored iFl a maFlFler that is not visibl@ from the
public right of way or from adjac@nt properties.
Section 51. Article 3. Division 9. General Applicability Standards. Section 3-915.C. Uses
involving vehicles is hereby amended as follows:
* * * *
C. No repair of any vehicle is permitted in any residential zoning district unless
such repair is eitheF confined within a completely enclosed building and limited
to vehicle service involving vehicles owned by a person who resides at that
residence, however, minor vehicle repairs are permitted anywhere on the
property. Under no circumstance shall such repair be conducted as a commercial
activity.
Section 52. Article 3. Division 9. General Applicability Standards. Section 3-916. Vending
machines is hereby amended as follows:
* * * *
C. No more than two (2) vending machines, per development site, shall be permitted
outside of any building, unless such machines are not visible from any public
right-of-way or any abutting property. Signage allowed on vending machines
shall be flush with the machine and shall be limited to thirty-five (35) percent of
the machine's front face, including the selection choices. The remaining front
face of the vending machine shall be of a similar color as the signage. No
signage shall be allowed other than on the front of the vending machine.
Section 53. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1202.B.1. Minimum
plant material standards is hereby amended as follows:
1. Minimum plant material standards:
32
Ordinance No. 6928-02
PLANT SIZE QUALITY OTHER
(at installation) REQUIREMENTS
Shade Tree -l2,' ~ height Florida a. Use of live oak (City tree) is
~ 2.5" caliper Grade # I encouraged, however species
diversity is preferred over
monoculture.
b. Must be planted a minimum of
five feet from any impervious
area.
c. At least ten percent of the total
number of trees shall be of a
species which exhibits
conspicuous flowering.
Accent Tree 8' height Florida 2 accent trees = I shade tree;
2" caliper Grade # I unless overhead lines are
unavoidable; no more than 25% of
required trees may be accent trees.
Palm Tree 10' clear and straight trunk. Florida Can be used to satisfy 75% of tree
Grade # I requirements on Beach, Sand Key
& Island Estates, 25% elsewhere
in the City. Staggered clusters of 3
palm trees = I shade tree, except
for specimen palm trees such as:
phoenix canariensis (canary island
date palm), phoenix dactylifera
(edible date palm) and phoenix
reclinata (senegal date palm),
which count as shade trees on a
I: I ratio.
33
Ordinance No. 6928-02
Shrubs A.) 18-24" in height when used Florida
in a perimeter buffer - planted Grade # 1 Use of Hibiscus (City flower) is
every 36", (measured from the encouraged for non-required
center of the shrub) providing a landscape plantings, especially for
100% continuous hedge which accent marking at entrances and
will be 36", high and 80% other points of high visibility.
opaque 12 months from the time
a certificate of occupancy is
received (excluding drives and
visibility triangles where
applicable)
B.) 14-24" in height when used
for interior - planted every 30"-
36", respectively (measured
from the center of the shrub)
with a 3 gallon minimum
Ground Cover 1 gallon minimum - planted a Florida Encouraged in lieu of turf to
maximum of24" a.c. Grade # I reduce irrigation needs.
Turf N/A Drought Turf areas should be consolidated
tolerant and limited to areas of pedestrian
varieties traffic, recreation and erosion
control.
Section 54. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1202.C. Irrigation is
hereby amended as follows:
1. For multifamily and nonresidential properties an automatic permanent irrigation
system providing complete water coverage for all required and other landscaping
materials shall be provided and maintained as a fully functioning system in order
to preserve the landscaping in a healthy growing condition.
Section 55. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1204.D. is hereby
amended as follows:
D. All landscaping required by this division must be protected from vehicular and
pedestrian traffic by the installation of concrete curbing., and wheel stops, or
other protective devices along the perimeter of any landscaping which adjoins
vehicular use areas or sidewalks. These protective devices shall have a minimum
height of six inches above grade.
Section 56. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1205.B.2. Tree
Protection is hereby amended as follows:
a. The condition and location of the protected tree, specimen tree stand, or palm
with respect to species, tree structure, competition, disease, insect attack, danger
34
Ordinance No. 6928-02
of falling, proximity to existing or proposed structures and interference with
utility services.
b. Protected trees, specimen tree stands, and palms shall be preserved to the
maximum extent possible and reasonable flexibility in the design of permitted
uses shall be granted, within the parameters of the zoning district within which
the property is located, in order to ensure such preservation.
Section 57. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1205.D. Tree
Protection is hereby is amended as follows:
3. When the Community Development Coordinator determines that there is not
sufficient space available to replace the equivalent of all protected trees on-site in
accordance with these requirements, the remaining DBH deficit shall be met by
paying a fee of $48.00 per inch of DBH to the tree bank. The Community
Development Coordinator may determine that certain protected trees are not
required to be replaced based on certain criteria, including but not limited to,
species, health, hazards, or other conditions.
Section 58. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1205.D.5. Tree
Protection is hereby is amended as follows:
g. Waiver of replacement trees' specifications. The city manag€lr Community
Development Director may waive the characteristics, or species, or size of the
replacement trees only if the applicant for development approval demonstrates to
the city manager Community Development Coordinator that such size is not
readily available in the market area and that the proposed landscaping treatment
with replacement trees is equal to or superior to the landscaping which would
have been provided with the larger trees.
Section 59. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1205.D.5. Tree
Protection is hereby is amended by adding subsection h as follows:
h. Waiver of Replacement Requirements for Public Utilities Projects. The
Community Development Coordinator may exempt the city from the tree
replacement requirements solely for public utilities proiects.
Section 60. Article 3. Division 12. LandscapinglTree Protection. Section 3-1205. Tree Protection
is hereby amended by adding subsection G as follows:
G. Protection of tree trunks. It shall be unlawful to use tree spikes or other devices that
damage tree trunk tissue of protected trees.
Section 61. Article 3. Division 13. Outdoor Lighting. Section 3-1302. is hereby amended as
follows:
Section 3-1302. Site lighting.
All outdoor lighting, other than outdoor recreational facility and street lighting, shall
comply with the following requirements:
35
Ordinance No. 6928-02
A. Fixture-type. All light fixtures which are visible from the boundaries of the
parcel propos@Q for d@\'@lopm@fl.t of land, other than fixtures which are designed
and installed to illuminate a wall and are directed away from adjacent properties,
shall be cut-off lights where direct illumination is cut-off above 40 degrees below
horizontal.
B. Location. All outdoor light fixtures shall be located so that objects or land which
are located beyond the boundaries of the pan)@l propos@d for Q@v@lopm@nt parcel
ofland are not illuminated to an extent of producing more than a diffuse shadow.
* * * *
Section 62. Article 3. Division 14. Parking and Loading. Section 3-1401. Parking is hereby
amended by adding subsection C. as follows:
C. Parkin!! Demand Study.
1. The Community Development Coordinator may require an applicant to prepare a
parking demand study in conjunction with a request to make deviations to the
parking standards. Prior to the preparation of such study, the methodology shall
be approved by the Community Development Coordinator and in accordance
with accepted traffic engineering principles. The findings of the a study will be
used in determining whether or not deviations to the parking standards are
approved.
Section 63. Article 3. Division 14. Parking and Loading. Section 3-1403.A. is hereby amended
as follows:
A. Permanent surface. Except as otherwise permitted in subsection (B) of this
section, all unenclosed parking lots, spaces, vehicular accessways and driveways
shall be improved with a permanent all-weather paving material which is graded
to drain stormwater.
Section 64. Article 3. Division 14. Parking and Loading. Section 3-1403.B.1. Grass surface is
hereby amended as follows:
1. No parking, displaying, or storing of motor vehicles shall be permitted on any grass
or other unpaved area zon@Q for an)' multipl@ family or nonr@sid@ntial use unless
specifically authorized in this section.
Section 65. Article 3. Division 14. Parking and Loading. Section 3-1407.A.l.d. Parking
restrictions in residential areas is hereby amended by deleting subsection and re-lettering the subsequent
subsections as appropriate:
d. f.n)' s@mi traGtor trail@r tru\Jk or cab;
Section 66. Article 3. Division 14. Parking and Loading. Section 3-1407.A.2. Parking
restrictions in residential areas is hereby amended as follows:
* * * *
36
Ordinance No. 6928-02
2. Within SBtBook GWB61 ./rem the street right ef way. Between principal structure
and ri~ht-of-way. The following vehicles shall not be parked or stored, in whole
or in part, v/ithin any required s@tback area from a street right of ,yay between
any portion of the principal structure and any right-of-way line in a residential
zoning district:
* * * *
Section 67. Article 3. Division 14. Parking and Loading. Section 3-1407 A.2.d. Parking
restrictions in residential areas is hereby amended by deleting subsection and re-Iettering the subsequent
subsections as appropriate:
d. Any semi tractor trailer truliJk or cab;
Section 68. Article 3. Division 14. Parking and Loading. Section 3-1407.AA. Parking
restrictions in residential areas is hereby amended as follows:
4. Exception to Prohibition of Parking on Unpaved Areas. One designated parking
space may be located on the grass in a required front setback adjacent to and
parallel to the driveway located on the property. Access to such designated
parking space shall be by way of the property's driveway. If the designated
parking space can not be maintained as a landscaped area and is either reported
by neighboring residents as a detrimental property or is identified by any code
inspector as is violation of this provision, such designated parking area shall be
filled in, by the property owner, with pavers, concrete, turf block, or other
approved suitable parking material.
Section 69. Article 3. Division 14. Parking and Loading. Section 3-1407.A. Parking restrictions
in residential areas is hereby amended by adding subsection 3-1407.A.5. as follows:
5. Parking on Unpaved Area Prohibited. No parking, displaying, or storing of
vehicles, trailers and/or boats shall be permitted on any grass surface or other
unpaved area zoned for any use unless specifically authorized in this section.
Section 70. Article 3. Division 14. Parking and Loading. Section 3-1407.B.2 Parking restrictions
in residential areas is hereby amended as follows:
2. Loading, unloading, or cleaning of vehicles, but not including semitrailer trucks
or cabs, provided such activity is fully completed within~ twenty-four hours
and provided such activity does not occur at the same location more than two
times per month.
Section 71. Article 3. Division 15. Property Maintenance Standards. Section 3-1502.C.3.
Property maintenance requirements is amended as follows:
3. Ground level storefront windows facing a public right-of-way shall be
maintained in an unbroken, and clean state. No window facing the public right-
of-way shall be permanently removed and enclosed, covered or boarded up
unless treated as an integral part of the building facade using wall materials and
37
Ordinance No. 6928-02
window detailing comparable with any upper floors and the building facade in
general. All damaged or broken storefront windows shall be promptly restored,
repaired or replaced. All awnings or canopies facing or visible from the public
right-of-way shall be maintained in a good and attractive condition and torn,
loose and/or bleached awnings shall be promptly replaced, repaired or removed.
Section 72. Article 3. Division 15. Property Maintenance Standards. Section 3-1502.G.1.
Property maintenance requirements is amended as follows:
1. As provided in section 3-912 of this development code, outdoor storage is
prohibited nor may goods and materials be stored in any manner 'Nhichis visible
from the public right of 'Nay or from abutting properties.
Section 73. Article 3. Division 15. Property Maintenance Standards. Section 3 -IS 02. G.3.
Exterior storage and display for residential properties is amended as follows:
3. Construction materials, unless such materials are related to an active building
permit related to the property on which the materials are located, may shall not
be stored outdoors on a residentially zoned property.
Section 74. Article 3. Division 15. Property Maintenance Standards. Section 3-1502.K.4. Public
rights-of-way and sidewalks and parking surfaces is amended as follows:
4. Parking lot and driveway surfaces shall be maintained in a safe and clean
condition by the owner of the parcel of land. The owner shall, at a minimum,
keep such surface free of pot holes, litter, trash, debris, equipment, weeds, dead
vegetation and refuse and shall promptly repair cracked or heaved parking lot
surfaces.
Section 75. Article 3. Division 15. Property Maintenance Standards. Section 3-1502. Property
maintenance requirements is amended by adding subsection L. as follows:
L. Maintenance of seawalls. All seawalls shall be maintained in a structurally
sound condition and shall comply with applicable building and coastal
construction codes.
Section 76. Article 3. Division 15. Property Maintenance Standards. Section 3-1503.B.5. IS
hereby amended as follows:
5. Any accumulation of weeds, debris, trash, garden trash, junk, untended growth of
vegetation, or undergrowth of dead or living vegetation or untended and/or
unfenced sv:immiRg pools hazardous swimming pools, or hazardous trees upon
any property to the extent and manner that such property contains or is likely to
contain rodents, reptiles or other vermin, or furnishes a breeding place for flies,
mosquitoes, or wood-destroying insects, or otherwise threatens the public health,
safety or welfare.
Section 77. Article 3. Division 15. Property Maintenance Standards. Section 3-1503.8.8. is
hereby amended as follows:
38
Ordinance No. 6928-02
8. The lack of maintenance by a property owner of property abutting any dedicated
right-of-way in the City in a condition such that weeds or trash are found in and
on the right-of-way or such that the \\,€l@ds or trash weeds, shrubs, vegetation,
trash, or any other accumulation extend over the sidewalk, bicycle path, curb line
or edge of pavement of an improved right-of-way by more than four inches (4").
Section 78. Article 3. Division 15. Property Maintenance Standards. Section 3-1503.B.I0. is
hereby amended as follows:
10. The lack of maintenance by a property owner abutting any dedicated right-ofc
way or easement in the City where a height clearance of less than eight feet (8')
from the sidewalk pavement measured vertically from the pavement surface is
maintained, unless an exception has been granted by the Urban Forester.
Section 79. Article 3. Division 15. Property Maintenance Standards. Section 3-1503.B.
Nuisances is hereby amended by adding subsection 3-1503.B.13. Seawalls as follows:
13. Seawalls. Any seawall in a condition where the structural integrity IS not
maintained.
Section 80. Article 3. Division 18. Prohibited Signs. Section 3-1803.L. is hereby amended by as
follows:
L. Signs located on publicly owned land or easements or inside street rights-of-way,
except signs required or erected by permission of the City MaHg€lr Manager or
City Commission, signs or transit shelters erected pursuant to Section 3-2203,
and sandwich board signs to the extent permitted in the Downtown District.
Prohibited signs shall include but shall not be limited to handbills, posters,
advertisements, or notices that are attached in any way upon lampposts,
telephone poles, utility poles, bridges, and sidewalks.
Section 80A. Article 3. Division 18. Prohibited Signs. Section 1803.U. is hereby amended by
deleting the subsection and re-Iettering the subsequent subsections as appropriate:
th T€lmporary ,....indow sigHS in r@sid@ntial districts.
Section 81. Article 3. Division 18. Signs Permitted Without a Permit. Section 3-1805. A. is
hereby amended as follows:
A. One address sign of no more than two square feet of total sign face area for each
parcel of land used for residential purposes and no more than three square feet of
total sign face area for each parcel of land used for commercial purposes. The
square footage for the address sign shall be allowed in addition to the total square
of signage footage allowed in Section 3-1806.
Section 82. Article 3. Division 18. Signs Permitted Without Development Review. Section 3-
1805.S. is hereby amended as follows:
39
Ordinance No. 6928-02
S. A change in a sign message or panel on a previously approved, lawful sign, .
e.g., any sign allowed under this ordinance may contain, in lieu of any other
copy, any otherwise lawful noncommercial message that complies with all other
requirements of this ordinance.
Section 83. Article 3. Division 18. Permitted Signs Requiring Development Review. Section 3-
1806.B. Non-residential is hereby amended as follows:
B. Non-residential. All signs must be architecturally integrated into the design of
the building and/or site using similar and coordinated design and style features,
materials and colors, etc. Attached signs shall be horizontally and vertically
proportionately located on each facade with no protrusions above roof lines, over
windows, trim, cornices, or other building features. Master signage plans are
required for shopping centers, including all out parcels, and office parks or any
other master planned developments where a substantial development or
redevelopment is undertaken or proposed. These will be reviewed as a
Comprehensive Sign Program application.
Section 84. Article 3. Division 18. Permitted Signs Requiring Development Review. Section 3-
1806. B.l Freestanding Signs is hereby amended as follows:
a. One freestanding sign per parcel proposed for development with no more than
sign two sign faces. A parcel located at a corner may be permitted two signs,
one at each street frontage, provided that the maximum area of the sign faces of
the two signs shall not exceed the total maximum allowable area. Sign area is
measured from the road frontage which results in the greatest square footage.
Section 85. Article 3. Division 18. Permitted Signs Requiring Development Review. Section 3-
1806. B.l.c. Area of Freestanding Signs is hereby amended as follows:
111. Sixty-four square feet; whichever is less. However, a minimum of too 20 square
feet per parcel proposed for development shall be allowed.
Section 86. Article 3. Division 18. General Standards. Section 3-1806.B.l. is hereby amended
by adding subsection 3-1806.B.l. Freestanding signs at Elevated Intersections as follows:
h. Freestanding Signs at Elevated Intersections. Sites which front on an elevated
roadway (including US 19 and McMullen Booth Road) having limited visibility
are permitted one freestanding sign to a maximum of 14 feet in height above the
crown of the road, as measured at the highest point of the roadway within the
property lines that are perpendicular and adjacent to the elevated roadway
excluding any service or frontage roads.
Section 87. Article 3. Division 18. Permitted Signs Requiring Development Review. Section 3-
1806.B. Attached Signs is hereby amended as follows:
3. Attached signs. The following signs shall be permitted in all non-residential
districts:
40
Ordinance No. 6928-02
a. One attached sign per business establishment. The area of an attached
sign face shall not exceed:
i. One square foot per 100 square feet of the fa9ade of the building facing
the street frontage to which the sign is to be attached; or
n. Twenty-four square feet; whichever is less. However, a minimum of-too
twenty square feet per business establishment with a principal exterior
entrance shall be allowed. The Community Development Coordinator
may permit signs for second story or above businesses in the Downtown
and Tourist Districts if they meet all other criteria for attached signage.
b. Where individual building business establishments with exterior
entrances are located in a single building, ef--i.A multiple multi-tenant
buildings which are attached, or as part of a business/office complex or
shopping center, attached signs shall be designed according to a common
theme but b@ suffici@ntly different in including similar style, color,
material and other characteristics to provide cweid a sense of uniformity
or sameness. Changes to individual tenant signage shall be reviewed for
compliance with the established or proiected theme of the development
site.
c. Proiecting signs may be used as a type of attached sign in the Downtown
(D) and Tourist (T) districts, unless otherwise permitted by the
Community Development Coordinator. They shall be installed with a
minimum eight-foot clearance from the bottom ofthe sign to grade or the
sidewalk. Proiecting signs shall comply with encroachment into setback
and rights-of-way Section 3-908.
Section 88. Article 3. Division l8. Comprehensive Sign Program. Section 3-1807.B. Permitted
Signage is hereby amended as follows:
B. Permitted signage. Signag@ v/hi\:lh is proposed as part of a compreh@nsi'/@ sign program
may de'/iat@ from th@ minimum sign standards in terms of numb@r of signs per business
or par\:l@l of land, maximum area of a sign fac@ per par\:l@l of land and the total area of
sign fac@s per business or parc@1 of land, subject to compliance with th@ flexibility
\:lrit@ria set out in S@\:ltioR 3 lS07.C. Monum@nt signs, permitted pursuant to section 3
1 SOe.B. l.g and S@\:ltioR 3 I SOe.B.2 shall not b@ eligible for compr@hensi'/@ sign program.
A \:lompr@h@Rsive sign program shall b@ approved as part of a I@v@l on@ or level two
approval, as th@ \:lase may be.
l. Signage which is proposed as part of a comprehensive sign program may
deviate from the minimum sign standards in terms of number of signs
per business or parcel of land, maximum area of a sign face per parcel of
land and the total area of sign faces per business or parcel of land,
subiect to compliance with the flexibility criteria set out in Section 3-
1 807 .C. Monument signs, permitted pursuant to section 3- 1 806.B.1.g
and Section 3- 1 806.B.2 shall not be eligible for comprehensive sign
program. A comprehensive sign program shall be approved as part of a
41
Ordinance No. 6928-02
Level One or Level Two approval, as the case may be. Prohibited signs
in Section 3-1803 are not eligible for a comprehensive sign program.
2. As part of a comprehensive sign program, the Community Development
Coordinator shall review all sign types (freestanding, attached, windows,
interior site directional, etc.) for the business and/or the development
parcel to achieve compliance in so far as possible with these current
regulations. A master sign plan for shopping centers, including all out
parcels, and office complexes shall include all types of signs for all
tenants/uses within the development parcel. The Community
Development Coordinator may allow for flexibility in reviewing the
master sign plan if it results in a substantially improved and
comprehensive proposal. With a master sign plan, the Community
Development Coordinator may permit interior site directional signs at a
size and location(s) related to the development project, with up to a
maximum height of six feet.
Section 89. Article 3. Division 18. Comprehensive Sign Program. Section 3-1807.C.1.
Flexibility Criteria Architectural Theme is hereby amended as follows:
b. The design, character, location and/or materials of all freestanding and attached th@
signs proposed in a comprehensive sign program shall be demonstrably more
attractive than signs otherwise permitted on the parcel proposed for development
under the minimum signs standards. All signs must be architecturally integrated
into/with the design of the building and/or site using similar and coordinated design
features, materials and colors, etc.
Section 90. Article 3. Division 18. Comprehensive Sign Program. Section 3-1807.C. Flexibility
Criteria is deleted in its entirety and replaced as follows:
2. The maximum height of all SigHS proposed iH a comprehensive SigH program is 14
f-eet, proyiGes however that a SiHgI@ attach@d SigH with a SigH faee of no more than 12
square feet may be ereetes up to the height ef the buildiHg.
2. The height of all freestanding signs proposed through the comprehensive sign
program shall relate to the design of the sign and shall not exceed 14 feet in height.
Section 91. Article 3. Division 18. Comprehensive Sign Program. Section 3-1807.C Total Area
of Sign Faces is hereby amended as follows:
4,. The total area of SigH faces which are proposed as part of a compreheFlsive sigFl
program shall Ret exceed two times the total area of SigH fac@s permitted under that
miHimum SigH staHGarSS OR the parcel propeseG for development.
4. Heif!ht, Area, Number and Location of SiWlS. The height, area, number and
location of signs permitted through the Comprehensive Sign Program shall b~
determined by the Community Development Coordinator based on the following
criteria: overall size of site, relationship between the building setback and sign
location, frontage, access and visibility to the site, intended traffic circulation
42
Ordinance No. 6928-02
pattern, hierarchy of signage, scale and use of the project, and submittal of a
master sign plan for the development parcel/project. Additionally, the maximum
permitted sign area shall be based on the following formula when evaluated
against the above criteria:
1. Attached signs - The maximum area permitted for attached signage shall
range from one percent up to a maximum of six percent of the building
facade to which the sign is to be attached.
11. Freestanding signs - The maximum permitted area of all freestanding signs
on a site shall not exceed the range of sign area permitted by the street
frontage or building facade calculation methods set forth in Section
1806.B.1.c.i.and ii.
Section 92. Article 3. Division 21. Temporary Uses. Section 3-2103.B.3.g. Portable storage units
is hereby amended as follows:
g. A sticker shall be affixed to all portable storage units indicating the most recent
delivery date, th0 dat0 on which the portable storage unit is was delivered to a
property.
Section 93. Article 3. Division 21. Temporary Uses. Section 3-2103.B.3. Portable storage units is
hereby amended by adding subsection j. as follows:
1:. The Community Development Coordinator may allow portable storage units to
be located on a property for a longer period of time than specified in Section 3-
2103.C.2 in emergency situations. The Community Development Coordinator
may allow a period of 15 days for a portable storage unit to be located on a
property and may allow an additional 15 days if extension is required to
complete emergency repairs.
Section 94. Article 4. Division 2. Applications for Development Approval. Section 4-202.A. is
hereby amended as follows:
A. Basic information requiredfor all applications. EXC0pt as provid0d in subsection
23 fer f0Rce permits, er l:IRless oth0rwis0 iRapplicabl0 for tAt! pt!rmit sought, a All
applications for development approval shall include the following information:
* * * *
Section 95. Article 4. Division 2. Applications for Development Approval. Section 4-202.A.7. is
hereby amended as follows:
7. A plat of record Qr signed and sealed survey of the property including the
dimensions, acreage and location of the property prepared by a registered land
surveyor showing all current structures/improvements.
Section 96. Article 4. Division 2. Applications for Development Approval. Section 4-202.A.l1.
is hereby amended by adding subsection 4-202.A.ll.y. as follows:
43
Ordinance No. 6928-02
~ Type and location of all attached and freestanding signage for compliance with
Article 3, Division 18, Signs.
Section 97. Article 4. Division 2. Applications for Development Approval. Section 4-202.A.25.
is hereby amended as follows:
d. If.-.tOO For all proposed development is for a single family dw€lIling or acc@ssory
\l5@;- a plot plan signed and sealed survey with the following information:
1. Existing and proposed fences and landscaping.
11. The proposed height and materials of the proposed fence.
Section 98. Article 4. Division 2. Applications for Development Approval. Section 4-206.
Notices and public hearings Permitted Uses: Level One diagram on page CD4:15 is hereby amended by
revising the third box as follows: "Notice to Adjacent Property Owners (flexible standard development)."
Section 99. Article 4. Division 2. Applications for Development Approval. Section 4-206.C.2.e.
Public hearings is amended as follows:
e. By posting a sign for level three (3) approvals only, at least six square feet in
area and not exceeding six feet in height facing the street(s) on the parcel
proposed for development.
Section 100. Article 4. Division 2. Applications for Development Approval. Section 4-206.D.5.
Public hearings is amended by adding subsection 4-206.D.5.a. as follows:
a. Any expert witness testifying shall submit a resume for the record before or
during the public hearing.
Section 101. Article 4. Division 2. Applications for Development Approval. Section 4-502.A.
Application/notice of appeal is hereby amended as follows:
A. An appeal of a level one approval (flexible standard) may be initiated by a
Profl@rtY ov:n@r ablltting tH@ prep@rtY an applicant or property owners within the
required notice area and who presented competent substantial evidence in the
Levell review, which is the subject of the approval within seven days of the date
the development order is issued. The filing of an application/notice of appeal
shall stay the effect of the decision pending the final determination of the case.
Section 102. Article 4. Division 2. Applications for Development Approval. Section 4-502.B.
Application/notice of appeal is hereby amended as follows:
B. .^.n apfllieation/notic@ of apl'l@al of any d@cision of tHe city, as provided in s@ction
~, Appeal of all other applications other than level one approval flexible
standard may be initiated by the applicant., or hY any person granted party status
within 14 days of the decision. Such application shall be filed with the city clerk
44
Ordinance No. 6928-02
in a form specified by the community development coordinator identifying with
specificity the basis for the appeal and accompanied by a fee as required by
section 4-202(E). The filing of an application/notice of appeal shall stay the
effect of the decision pending the final determination of the case.
Section 103. Article 4. Division 2. Applications for Development Approval. Section 4-504.B.
Community development board appeals is hereby amended as follows:
B. Upon receipt of an application/notice of appeal from a level one approval
(flexible standard) from an abutting property owner, the community development
board shall place the appeal on the consent agenda of the next scheduled meeting
of the board. Notice of the date of such meeting shall be provided the applicant
and the appellant(s) by mail and by telephone. The appeal may be removed from
the consent agenda only by a vote of at least four members of the community
development board. If the appeal is not remo'lee from the consent agenda, it shall
be approyed, along with any other consent agenda items, BY a vote of a majority
of the members of the board If the appeal is not removed from the consent
agenda, the decision of the Community Development Coordinator is confirmed
as part of the consent agenda by a vote of the majority of the members of the
board. If the appeal is removed from the consent agenda, the community
development board shall review the application, the recommendation of the
community development coordinator, conduct a quasi-judicial public hearing on
the application in accordance with the requirements of section 4-206 and render a
decision in accordance with the provisions of section 4-206(0)(5) granting the
appeal, granting the appeal subject to specified conditions or denying the appeal.
Section 104. Article 4. Division 2. Applications for Development Approval. Section 4-505.A.
Community development board appeals is hereby amended as follows:
A. Upon receipt ofa notice of appeal regarding decisions set out in Section 4-50 I (B), the
hearing officer shall, in concert with the city clerk, establish a timely date and hour
and location for a quasi judicial hearing to consist solely of: 1. reception of the record
before the community development board; and 2. oral argument. The city clerk shall
give notice of the ~ hearing in accordanc@ with the provisions of s@ction '1
206(C) and the hearing shall b@ conduct@d in accordanc@ with the proc@dur@s set forth
in s@ction 4 206(D). to the appellant, applicant, City, and any person granted party
status by the community development board.
B. At the hearing, ::{: !he record before the community development board shall be
incorporat@d into the r@cord before received by the hearing officer, supplemented by
such additional @vid@nc@ as may b@ brought f-orward during the h@aring. Additionally,
oral argument may be presented by the appellant, applicant, City, and any person
granted party status by the community development board.
C. The burden shall be upon the appellant to show that the decision of the community
development board cannot be sustained by the evidence before the board and before
45
Ordinance No. 6928-02
the hearing offic@r, or that the decision of the board departs from the essential
requirements of law.
D. The persons entitled to present oral argument as set forth in subsection B. above may
submit proposed final orders to the hearing officer within 20 days of the hearing.
The hearing officer shall render a decision within 45 days of the hearing m
accordanc@ 'Nith the provisions of s@ction '1 206(D)(5). The decision of the hearing
officer shall include findings of fact, conclusions of law, and a determination
approving, approving with conditions, or denying the requested development
application. The decision of the hearing officer shall be final, subject to judicial
review by common law certiorari to the circuit court. The filing of a petition for
certiorari stays the decision of the hearing officer pending the final determination of
the case.
Section 104A. Article 5. Division 10. Hearing Officer. Section 5-1003. Procedures is hereby
amended as follows:
All hearings conducted by a hearing officer on behalf of the city shall be conducted m
accordance with section 4-2()6 4-505.
Section 105. Article 4. Division 6. Level Three Approvals. Section 4-602.A. Purpose and
applicability is hereby amended as follows:
A. Purpose and applicability. The ZORiRg Atlas of the City of Clearwater cORsists of a
map of the city, p~blished in the form of an atlas or book containing a title and
s~mmary page and additioRal separate sheets, each ~overing a portion of tl~e city,
d@pictiFlg all real property withiFl the city aRd d@sigRatiRg the \'ario~s zORing districts
and the bmmdaries thereof. The zORiRg atlas shall be iR s~ffi0ieRt detail so that
property OWRers may locate their properties with respect to tHe zORiflg district
bOlmdary liRes. It is the purpose ofthis section to establish a procedure for amending
the zoning atlas of the city in accordance with Florida Statutes.
Section 106. Article 4. Division 7. Subdivision/Plats. Section 4-702. Required approvals IS
hereby amended as follows:
Section 4-702. Required approvals.
If plat approval is required, approval is obtained in two stages: preliminary and
final plat approval and is intended to be processed simultaneously with other
required approvals. Preliminary approval is granted by city staff for level one
approvals and the community development board for level two approvals. In the
event a level two approval is required, the preliminary plat is a required
submission and will be reviewed and approved by the community development
board as part of that approval process. While city commission approval is
required by state law for final plats, the approval process is ministerial, assuming
compliance with the preliminary plat approval and all requirements of the city
46
Ordinance No. 6928-02
code. If plat approval is required, pr@limiRary final plat approval must obtained
before a building permit may be issued. E'Iid@R~@ of the r@cordiRg of an
approved fiRal plat mast b@ saemitt@d prior to the issuaRe@ of a e@rtificM@ of
occupaRCY.
Section 107. Article 4. Division 7. Subdivision/Plats. Section 4- 708.C. Recording of final plat is
hereby amended as follows:
C. Evidence of recording a final plat shall be submitted prior to the issuance of a
the c@rtifieat@ of occapaRCY first building permit. The Community Development
Coordinator may allow certain types of permits such as demolition, site and
utility permits to be issued for construction prior to recording the final plat, upon
written request by the subdivider, provided the final plat has been approved.
Section 108. Article 4. Division 12. Tree Removal Permit. Section 4-1202.A. Removal permit
application is hereby amended by deleting the subsection and renumbering the subsequent subsection as
appropriate:
* * * *
4. A copy Bf the L@v@l ORe or L@v@l Two Approval associat@d with the tree
r@moyal.
* * * *
Section 109. Article 4. Division 13. Land Clearing Removal Permit. Section 4-1301. Permit
required is hereby amended as follows:
Section 4-1301. Permit required.
A land clearing and grubbing permit is required in order to clear or grub any land
in the city. No land clearing and grubbing permit shall be granted prior to
issuance of a level one or level two approval in accordance with the provisions of
Article 4, Divisions 3 and 4~, except wheR associat@d with a d@molition permit
that does Rot invol'/@ R@W eonstructioR or a redevelopment proj@ct. If no level
one or level two approval is required a Ne land clearing and grubbing permit
shall be granted unl@ss it if the permit request is in conformance with the
provisions ofthis division or the terms of a prior approval.
Section 110. Article 4. Division 14. Transfer of Development Rights. Section 4-1401. Purpose
and authority is hereby amended as follows:
Section 4-1401. Purpose and authority.
It is the purpose of this division to establish procedures for the transfer of
allocated development rights in the city in order to promote redevelopment of the
district in a manner which minimizes the impacts of such transfers and protects
the interests of all property owners and residents ofthe city.
47
Ordinance No. 6928-02
Transfer of Development Rights may be used to: (I) Implement the goals and
policies of redevelopment plans and/or special area plans approved by the City,
the Pinellas Planning Council and the Countywide Planning Authority; (2)
Protect designated environmental, open space, archaeological, historical or
architecturally significant sites.
Section 111. Article 4. Division 14. Transfer of Development Rights. Section 4- I 402. Allocated
development rights are freely transferable is hereby amended as follows:
Section 4-1402. Allocated development rights are freely transferable.
D@v@lopm@nt rights of a previously d@'/@Iop@d site may b@ traFlsf@rr@d to any site at any time,
to th@ same extent and in th@ same manner as any other interest in real prop0rty provided that
th@ density and/er intensity of the r@c@iving site is Rot @xc@@d@d by twenty p@rc@nt (2.Q%) of
th@ development potential ofth@ site prior to th@ transf-er. Th@ transfer shall b@ in the form of
a sp@cial warranty deed, which shall sp@cify the amount of transferable development rights
'Nhich are being conv@y@d or sold and the r@al prep@rty from which the rights are transf0rr@d.
Th@ sp@cial 'Narranty d@@d shall centain a co'/@nant r@stricting in perpetuity the us@ of the
parc@l from which t-h.@ rights have e@@Fl traFlsf-err@d.
Development rights of a previously d@'/@Iop@d site parcel of land may be transferred to
any sit@ parcel of land at any time, to the same extent and in the same manner as any
other interest in real property provided such transfer is in compliance with the
subsections 1, 2, 3, and are permitted only in circumstances outlined in either 4 or 5
below.
1. Any mortgage holder of the sending parcel shall consent to the transfer of
development rights.
2. The sending parcel shall be in compliance with all property maintenance standards
specified in Article 3 of this code.
3. The transfer shall be in the form of a special warranty deed, which shall specify the
amount of transferable development rights which are being conveyed or sold and
the real property from which the rights are transferred. Additionally, the special
warranty deed shall contain a covenant restricting in perpetuity the use of the parcel
from which the rights have been transferred.
4. For parcels receiving density/intensity transferred from a designated environmental,
open space, archaeological, historical or architecturally significant site,
density/intensity may not exceed twenty (20) percent of the permitted development
potential of the site prior to the transfer.
5. For parcels located within an area designated Central Business District (CBD) or
Community Redevelopment District (CRD) on the Countywide Future Land Use
Plan map or parcels governed by approved redevelopment or special area plans, a
site may only receive density/intensity transferred from within the CBD, CRD,
redevelopment plan area or special area plan district, and may not exceed the
otherwise applicable maximum density/intensity by twenty (20) percent provided
48
Ordinance No. 6928-02
that the governing plan makes specific provisions for the use of transfer of
development rights.
Section 112. Article 4. Division 14. Transfer of Development Rights. Section 4-1403.C. Use of
transferred development rights is hereby amended as follows:
1. Th@ parc@1 proposed for d@v@lopm~mt is locat@d in the city The sending site and the
receiving site must be located within the city.
2. No building which exceeds 100 feet in height shall be located within 100 feet of any
other building which exceeds 100 feet in height. No more than two buildings which
exceed 100 feet in height shall be located within 500 feet of any building which
exceeds 100 feet in height; and
3. Appropriate view corridors are incorporated in the design of the parcel proposed for
development and all design standards in Article 3 Division 5 are otherwise satisfied.:
and
4. There shall be a reasonable relationship between the number of units transferred and
any increases in building height. Compatibility with the surrounding area and
feasibility of the project shall be considered when approving any increase in height.
Section 113. Article 4. Division 14. Transfer of Development Rights. Section 4- 1403. E Use of
transferred development rights is hereby amended as follows:
E.
1. Development rights transferred for the protection of environmental, open space,
archaeological, historical or architecturally significant sites located on the
mainland may be transferred to any parcel of land which is located on the
mainland.
2. Development rights transferred for the protection of environmental, open space,
archaeological, historical or architecturally significant sites located on the
barrier islands (any land west of the Memorial Causeway) may be transferred to
any parcel of land located on the barrier islands.
3. Development rights transferred within a Community Redevelopment District,
Central Business District, or other designated redevelopment area governed by
an approved redevelopment or special area plan, may be transferred only to
property located within the same designated redevelopment area.
Section 114. Article 6. Nonconformity Provisions. Section 6-102.B. Nonconforming structures,
is hereby amended as follows:
49
Ordinance No. 6928-02
B. Normal repair and maintenance, such as painting, cleaning, replacement, and
repairing of same nonconformity may be performed on nonconforming
structures.
Section 115. Article 6. Nonconformity Provisions. Section 6-104. Nonconforming
Sign/Redevelopment of Principle Use/Structure is hereby amended as follows:
B. If the copy is not current or is missing letters or words on a non conforming
nonconforming chang@abl@ copy sign for a period of 30 days, the sign shall
become unlawful.
Section 116. Article 7. Division 1. Municipal Code Enforcement Board/Special Master Hearing
Procedures. Section 7-1 02.C. is hereby amended by deleting the subsection in its entirety and re-lettering
subsequent subsection as appropriate:
G... C.el'rectien 9} vief.6Jtien prier Ie hearing. If, prior to tH@ sCH@dul@d hearing, the
violation is corr@ct@d, tH@ H@aring on tH@ 'liolation shall b@ contiRl:l@d for a period
of six montHs ans in tH@ @v@nt there is no r@curr@nc@ of the violation, the notice
of violatian shall B@ s@@m@s withdrawn. If tH@ violation is not corr@ct@d prior to
sch@dul@s H@aring, or tH@ '/iolation r@ aaCHrs flrior to tH@ elapse of six montHs,
the 'liolatioR shall b@ flr@s@nt@d to the sp@cial master or the municipal code
~lRforc@m@nt board.
Section 117. Article 8. Section 8-102. Definitions is hereby amended as follows:
* * * *
Accessory structure means a building or structure which: 1) is subordinate to and serves a
principal building ~; 2) contributes to the comfort or n@c@ssary necessity and
convenience of the users or occupants of the principal building; aDd 3) is located on the
same lot as the principal building and is not attached to such building.; and (4) is
detached from principal structure.
* * * *
Lot, corner means a lot located at the intersection of two or more street rights-of-way.
Let, GleNnie .!rentage means a lat bouns@d on apposite or approximately opposite sides by
streets.
* * * *
Lot, double frontaJ!e means a lot bounded on opposite or approximately opposite sides by
streets.
50
Ordinance No. 6928-02
* * * '"
Parcel of land means any legally described piece of land which is designated by the
owner or developer as land to be used or developed as a unit, or which has been
developed as a unit as determined by the Community Development Coordinator.
* * '" *
Repeat violation means a violation of a provision of a code by a person who has been
previously found through a code enforcement board or any other quasi-judicial or judicial
process~ to have violated.} or who has admitted violating, the same provision within five
years prior to the violation, notwithstanding the violations occur at different locations.
* * * *
Sign means any surface, fabric, device or display which bears lettered, pictorial or
sculptured matter, including forms shaped to resemble any human, animal or product
designed to convey information to the public and is visible from an abutting property,
public right-of-way, or body of water. For the purpose of this development code.> the
term "sign" shall include all structural members. A sign shall be construed to form a
single unit. In cases where matter is displayed in a random or unconnected manner
without organized relationship of the components, each such component shall be
considered a single sign. Except for banner, flags, temporary and portable signs, all signs
shall be permanently affixed to, and/or incorporated into, the sign cabinet, or building
wall or other base material. All signs shall be constructed of materials designed to be
permanent, withstand weather conditions, and shall have permanent supports appropriate
for its size.
* * * '"
Sign, abandoned 91' 9BS9lete eenferming means any sign and/or sign structure which no
longer advertises a bona fide business activity conducted or product available, is no
longer licensed, no longer has a certificate of occupancy, or is no longer doing business
or maintaining a presence on the premises where the sign is displayed and such
circumstances have continued for a period of 30 days.
* * * *
Sign, area Sif,!n area or surface area means the area, in square feet, enclosed by a
rectangle, parallelogram, triangle, circle, semicircle, cross, other geometric figures, or
other architectural design, the side of which make contact with the extreme points or
edges of the sign, excluding the supporting structure which does not ffem form part of
the sign proper or of the display. Unless otherwise indicated, area means area per sign
face. Illuminated portions of a sign structure shall be considered part of the sign area.
Also, any portion of the surface area of a freestanding sign structure that exceeds 50
percent of the permitted area of the sign face shall be considered part of the sign area.
The area of a sign for attached signs is based on the smallest geometric shape(s) around
the graphics/text; area for sign cabinets used as attached signs shall be based on the entire
sign cabinet.
51
Ordinance No. 6928-02
* * * *
Sign, attached means any sign attached to, on or supported by any part of a building (e.g.
walls, mansard ro0f/'Nall, proiecting, awning, windows, or canopy), which encloses or
covers useable space.
* * * *
SigH. maintenance Sif!n maintenance means the replacing, repairing or repainting of a
portion of the sign structure, periodically changing changeable copy or renewing copy
which has been made unusable by ordinary wear, weather or accident. In the event 50
percent or more of the sign is needed to be replaced or repaired the sign shall be replaced
with a new, conforming sign and sign structure.
* * * *
SiJ!fl. portable means a sign that is not permanently fixed to the ground or a structure
utilizing standard construction procedures, and/or materials that will not deteriorate, or a
sign that is transported over or parked along or next to a public right-of-way.
* * * *
Sign, vehicle means a sign attached to or placed on and/or inside of a vehicle, including
automobiles, trucks, boats, campers, and trailers, that is parked on or is otherwise
utilizing a public right-of-way or other public property or is on private property so as to
be intended to be viewed from a vehicular right-of-way for the basic purposes of
providing advertisement of products or services or directing people to a business or
activity. This definition is not to be construed to include those signson a licensed transit
carrier, or signs that identify a firm or its principal products on a vehicle, unless such
vehicle is parked in a location prominently visible from a street right-of-way where there
are other, less prominently visible parking spaces available on the site or is parked in
such a manner that it is intended to provide advertisement of products or services or to
direct people to a business or activity. , or sHch adv@rtising d@vic@s as may b@ attach@d to
and wit-hin tA@ normal Hnalt@r@d lin@s of th@ y@hicl@ of a Iic@ns@d transit carri@r This
definition shall not include any vehicle with signs when and during that period of time
such vehicle is regularly and customarily used to traverse the public highways during the
normal course of business and providing the signs do not present a hazard to the public.
* * * *
Temporary retail sales and displays means any nonpermanent sales or displays which
@ither @xist along are of the same product and must be related with the permanent or
principal use of property,~ or are ass0ciat@d with tA@ f)@rman@Rt or f)rincipal US€. 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, and garage and yard sales.
* * * *
52
Ordinance No. 6928-02
Violator means a person alleged to or who has been found to have violated a provision of
the City Code through a code enforcement board, or any other Quasi-judicial or judicial
process. which th@ sp@cial master or cod@ @flforc@m@nt board has jurisdictiofl to @F1f.orce.
Section 118. Article 8. Definitions and Rules of Construction. Section 8-102. Signs, directional
is hereby amended by deleting the directional sign graphic and replacing it with a new graphic as
illustrated in Exhibit B.
Section 119. Article 8. Definitions and Rules of Construction. Section 8-102. Signs, freestanding
is hereby amended by deleting the freestanding sign graphic and replacing it with a new graphic as
illustrated in Exhibit C.
Section 120. Amendments to the Land 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 121. 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 122. 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 123. Notice of the proposed enactment of this Ordinance has been properly advertised in
a newspaper of general circulation in accordance with applicable law.
Section 124. The provisions of this Ordinance shall be effective on Monday, May 6, 2002.
PASSED ON FIRST READING
April 18, 2002
PASSED ON SECOND AND FINAL
READING AND ADOPTED
May 2, 2002
~lA
Br~ J. Aun
Mayor-Com issioner
-------.
Approved as to form:
Attest:
Leslie K. Dougall- ides
Assistant City Attorney
53
Ordinance No. 6928-02
......,:-- ,
.~ .
r SIGHT TRIANGLE I
RIGHTS-OF- WAY and DRIVEWAYS
20' from property line
Exhibit A - Sight Visibility Triangle
,...;.;..-;J' . ,t
_ E~TE-rz:..
:... . J
[Ji>.
" )'
Exhibit B - Directional Sign
;r...-_"JIo-" t
, -
"~ YcC> L! F2:- .
...
- ~1~0'
--.
, WE-rz:L.'.
Exhibit C - Freestanding Sign
2002 SIG~~ MATRIX
02/13/02
. O"'~Sl<:iN:.~~li\wlmNS;iiM{ii~ifA;r~~~{';':"!'~~s\'r~ ~1!lll~~~:~~~,f)SJt.~St(jN:;m~:!G\~'iftl~;$.i"?kj'!"
One freestanding sign per parcel proposed. One freestanding sign per parcel proposed.
A parcel located on a corner may be permitted two A parcel located on u corner may be pennitted two
signs, one on each street frontage. signs, one on each street frontage. Area to be
measured from the road frontage which results in the
greatest square foot3, e.
One square foot per ~wo linear feet of street frontage; or
one square foot per .' 00 square feet of building fa~ade
facing street frontage; or 64 square feet; whichever is less.
However, a minimun of 20 square feet per parcel proposed
shall be allowed.
One square foot per two linear feet of street frontage; or one
square foot per 100 square feet of building fa~ade facing street
frontage; or 64 square feet; whichever is less. However, a
minimum of 10 square feet per parcel proposed shall be allowed.
* Sign, area or surface area means the area, in square feet,
enclosed by a rectangle, parallelogram, triangle, circle,
semicircle, cross, other geometric figures, or other architectural
design, the sides of which make contact with the extreme points
or edges of the sign, excluding the supporting structure which
does not from part of the sign proper or of the display.
Shall not exceed one and one-half time the width of the sign
structure or 14 feet whichever is less.
One square foot per 100 square feet of building facade facing the
street frontage; or 24 square feet; whichever is less. However, a
minimum of 10 square feet per business establishment with a
principal exterior entrance shall be allowed.
C:\Documents and Settings\jschodtl\DesklOp\2002 SIGN MATRIX.doc
Shall not exceed one ;jnd one-half time the width of the
sign structure or 14 it:et whichever is less. Sites with
elevated roadway are pennitted a freestanding sign to a
maximum of 14 feet in height above the crown of the road,
as measured from a point on the roadway that is
perpendicular to the sign location.
One square foot per tOO square feet of building fa~ade
facing the street frontage to which the sign is to be
attached; or 24 squarr~ feet; whichever is less. However, a
minimum of 20 square feet per business establishment with
a principal exterior entrance shall be allowed. The
Community Development Coordinator may permit signs
for second story or aijove businesses in the Downtown and
Tourist Districts if they meet all other criteria for attached
sIgna e.
:A:iVMN';\'
One sign per zone lot is permitted. One additional sign may be
permitted for each additional street frontage. For parcels with over
500 feet of street frontage on one right-of-way, one additional free-
standing sign may be permitted; such additional sign to be spaced at
least 300 feet from the other.
One square foot for each linear foot of zone lot frontage, or 100
square feet per sign, whichever is less.
An addition eight square feet shall be allowed provided
it is used exclusively for the street address number, numbers or
number range:
*Sign area shall be computed on the basis of the smallest square,
circle, rectangle, other geometric figure, or combination thereof, that
will encompass the extreme limits of the writing, representation,
emblem, lighting, or other display, together with any material, color,
or border trim fanning an integral part of the background of the
display or used to differentiate the sign from the backdrop or
structure a ainst which is laced.
Maximum 'height for a free-standing sign is 25 feet from ground
level, or in the case where the freestanding sign is on a parcel
contiguous to a an overpass or elevated road (excluding service
roads) from which the sign is designed to be viewed, the height of
the sign shall be measured from the highest point of the overpass or
elevated road at the crown of the roadway surface to the top of the
sign: said highest point to be detennined by the average elevation
between the perpendicular extension of the contiguous zone lot lines
on which the sign is to be located, as such lot lines intersect the
ove ass or elevated road.
Shall be determined b the local
No limitation
One and three quarters square feet for each linear foot of building
frontage, or 150. Zone lots fronting two or more streets are allowed
the permitted sign age for each frontage, but signage cannot be
accumulated and used on one street in excess of that allowed for the
zone lot based on that one street frontage.
'CITY 'Ct1R:JlENTSJQNREGJJt.A?tIONS
One attached sign per business establishment.
One square foot per 100 square feet of building facade facing the
street frontage; or 24 square feet; whichever is less. However, a
minimum of 10 square feet per business establishment with a
principal exterior entrance shall be allowed.
* Sign, double-faced means a sign which has two back to back
display surfaces (not necessarily displaying the same copy) not
more than 24 inches apart, with every point on each face being
either in contact with the other face or in contact with the same
background.
Prohibited, except in the Downtown district
No limitations to size, area, or materials
Abandoned signs. Abandoned signs and/or sign structures, which
are detennined to be nonconforming with the provisions of this
division shall be required to be removed by the property owner
within 30 days after receipt of notification, or refusal to accept
delivery of notification by certified mail, that such removal is
required. Alternatively, the sign panels within the abandoned
sign structure may be removed and replaced with sign panels of
neutral color and containin no messa e.
Sign, abandoned or obsolete confonning means any sign which
no longer advertises a bona fide business activity conducted or
product available, is no longer licensed, no longer has a
certificate of occupancy, or is no longer doing business or
maintaining a presence on the premises where the sign is
displayed and such circumstances have continued for a period of
30 days.
C:\Documents and Settings\jschodtl\Desktop\2002 SIGN MATRIX.doc
CJTY. PR()PO$EI(SIG$rREGULATION'S'
One attached sign per business establishment.
Projecting sign may be used as a type of attached sign in
the Downtown and Tourist districts, unless otherwise
pennitted by the Community Development Coordinator.
They shall be installed with a minimum eight-foot
clearance from the bottom of the sign to grade or the
sidewalk. Projecting signs shall comply with
encroachment into setback and rights-or-way Section 3-
908.
* Sign, attached means any sign attached to, on, or
supported by any part of a building (e.g. projecting,
awning, windows, or canopy), which encloses or covers
usable s ace.
The maximum number permitted is one per business
The maximum permitted area is seven square feet
(maximum permittecl height is 3.5 feet and maximum
pennitted with is two feet).
Signs shall be designed to comply with the Downtown
Design Guidelines.
Abandoned signs. Abandoned signs and/or sign structures,
which are detennined to be nonconfonning with the
provisions of this division shall be required to be removed
by the property owner within 30 days after receipt of
notification, or refusal to accept deli very of notification by
certified mail, that such removal is required
Sign, abandoned or sign and/or structures means any sign
which no longer advertises a bona fide business activity
conducted or product available, is no longer licensed, no
longer has a certificate of occupancy, or is no longer doing
business or maintaining a presence on the premises where
, the sign is displayed and such circumstances have
continued for a period of 30 days.
.P1NEf;LASC(JUN't:xJvWE-.St.Gl~+tutGI1LA.TIONS
No limitation on number. Based on maximum square footage of all
signa e allowed on zoned lot.
One and three quarters square feet for each linear foot of building
frontage, or 150. Zone lots fronting two or more streets are allowed
the permitted signage for each frontage, but signage cannot be
accumulated and used on one street in excess of that allowed for the
zone lot based on that one street frontage.
* Projecting Sign, Any sign affixed perpendicularly to a building or
wall in such a manner that its leading edge extends more than six
inches beyond the surface of such building or wall.
Are prohibited
N/A
Abandoned signs Are prohibited.
No nonconforming sign shall be moved, reconstructed, extended, or
altered, unless changed to conform with these regulations.
All legally erected non-confonning signs and all signs which are
made non-conforming by an amendment to this ordinance, or to the
official zoning map, or extension of the areas in which this section is
applicable shall be discontinued or made conforming (amortized)
within seven (7) years from the effective date of this ordinance...