2254•
ORDINANCE NO. 2254
0
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING APPENDIX A, ZONING, OF THE CODE OF
ORDINANCES OF THE CITY OF CLEARWATER, FLORIDA,
1962, BY REPEALING ARTICLE XXIV IN ITS ENTIRETY
AND ENACTING A NEW ARTICLE XXIV, DOWNTOWN
DEVELOPMENT DISTRICT, TO SET OUT PURPOSE,
APPLICATION, GENERAL REQUIREMENTS, PERMITTED
USES, MAXIMUM DENSITY, MAXIMUM BUILDING HEIGHT,
OFF-STREET PARKING AND LOADING REQUIREMENTS,
SUPPLEMENTARY DESIGN REVIEW REGULATIONS, AND
SUPPLEMENTARY DEFINITIONS FOR SUCH DOWNTOWN
DEVELOPMENT DISTRICT; PROVIDING FOR THE
SEPARABILITY OF THE PROVISIONS HEREOF; PRO-
VIDING FOR THE REPEAL OF ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR PROPER NOTICE OF PROPOSED ENACTMENT,
AND PROVIDING FOR THE EFFECTIVE DATE OF
THIS ORDINANCE.
WHEREAS, on October 2, 1980, the City Commission of the City
of Clearwater, after proper public notice, held a public hearing on certain
proposed changes to the Zoning Ordinance of the City of Clearwater in
accordance with procedure as established; and
WHEREAS, the City Commission has fully considered the recommenda-
tions and report of the Planning and Zoning Board relative to the certain
proposed changes to the Zoning Ordinance; and
WHEREAS, certain of the proposed changes and amendments to the
Zoning Ordinance were approved by the City Commission after its evaluation
of all evidence presented at the said public hearing;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:
Section _1. Article XXIV, PRUC --Planned Redevelopment Urban Center,
of Appendix A, Zoning, of the Code of Ordinances of the City of Clearwater,
Florida, 1962, is hereby repealed in its entirety and the following new
Article XXIV, Downtown Development District (DD) is hereby enacted
as follows;
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Ord. X12254 1/22/81
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ARTICLE XXIV
DOWNTOWN DEVELOPMENT DISTRICT (DD)
Section 24.01. Purpose
(1) It is the purpose of this district to provide for and guide
the development and use of land in the downtown area of
the City so as to assist in the implementation of the
Comprehensive Plan of the City of Clearwater.
(2) It is further the purpose of this district to promulgate
the downtown area as a major retail, business, office,
public/quasi-public and residential center of the City.
(3) Specifically, it is the intent of this district to provide
a method whereby the planned development and revitalization
of the downtown area may be encouraged and carried out
consistent with The Plan for Downtown Clearwater as such
plan has been approved and incorporated within the City's
Land Use Plan, and as such plan may be amended in accord
with the established process for amendment.
Section 24.02. A lication r
(1) The Downtown Development District, induding the Bayfront,
Core and Eastern Corridor areas of which it is comprised,
shall be as referenced in The Plan for Downtown Clearwater
and as more specifically identified on the City's Land Use
Plan and delineated on the official Zoning Atlas of the City.
(2) In particular, the Downtown Development District shall be
. , comprised of three distinct areas as follows:
(a) Bayfront (Overlay) Area - that portion of the Downtown
Development District lying West of Osceola Avenue
and Pt; Harrison Avenue;
(b) Core Area - that portion of the Downtown Development
District lying East of Osceola Avenue and Ft'Harrison Avenue
and West of Myrtle Avenue; and
(c) Eastern Corridor Area - that portion of the Downtown
Development District lying East of Myrtle Avenue.
Section 24.03. 'General Requirements
(1) Any proposed new, altered, or expanded use shall obtain
a permit as is otherwise required under the Zoning Ordinance.
(2) All applications for the establishment of a new, altered, or
expandad use shall be reviewed according to and found consistent
with the downtown plan as encompassed within the City's Land
Use Plan. Each application for use shall be identified as
retail, office /business,business/ service, restaurant/
entertainment, hotel/motel, institutional, residential,
open space or appropriate combination thereof, consistent
with The Plan for Downtown Clearwater.
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Ord. #2254
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(3) All applications for development in this district involving
an area of one (1) acre or more or designed to provide
eight (8) residential units or more shall be subject to review
and approval under the Site Plan Approval Procedures of
Section 34. 03 of the Zoning Ordinance. A ropy of all such
required site plans shall be referred to the Downtown
Development Board, which Board may, at its discretion,
forward any recommendation it chooses to make to the
Planning Department which will, in turn, make such
recommendation available to the City Commission.
(4) Any appeal from an interpretation or determination of
the Zoning Enforcement Officer in the administration of
this article shall be made to the Board of Adjustment and
Appeal on Zoning in accord with the provisions of Section
35.09 of the Zoning Ordinance. Nothing herein provided
shall preclude the otherwise applicable provisions for
appeal for variance under the Zoning Ordinance.
Section 24.04. Permitted Uses
(1) Bayfront (Overlay) Area - In the Bayfront Area permitted
uses shall be as otherwise provided for in the standard
zoning district classifications, and as these districts may
be subsequently amended.
(2) Core and Eastern Corridor Areas - In the Core and Eastern
Corridor Areas the permitted categories of use and appropriate
combinations thereof shall be consistent with The Plan for
Downtown_ Clearwater, as such plan may be refined and
amended from time to time in accord with the established
process for amendment. Specifically, the following categories
of use, or combination thereof, are determined to be
appropriate to and compatible with the expressed purpose
of this district and the downtown plan and shall be permitted:
(a) Retail;
(b) Office /Business;
(c) Business/Service;
(d) Restaurant/Entertainment;
(e) Hotel/Motel;
(£) Institutional;
(g) Residential;
(h) Open Space) and
(i) Parking Facility.
(3) Any use determined not to be within the above permitted
categories of use shall be permitted only upon consideration
and approval as a Special Exception by the Board of Adjust-
ment and Appeal on Zoning in accord with the provisions of
Section 35: 09 of, the Zoning Ordinance. Any applicant
aggrieved with a decisiern of the Zoning Enforcement Officer
with respect to a determination governing a permitted or
special exception use is hereby authorized to make application
to the Board of Adjustment and Appeal under the Special
Ebecieption process for a determination with respect to the
compatibility of the proposed use with one or more of the
permitted categories of use. The Downtown Development
Board may, at its discretion, review, take a position on
and be heard before the Board of Adjustment and Appeal
concerning any such use and its compatibility with the downtown
plan considered under this process.
Ord.. #2254
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1/22/81
(4) All uses or combination of uses inconsistent with the
performance standards of Section 30. 10 of the Zoning
Ordinance and such other uses as are determined to be
inconsistent and incompatible with the expressed purpose
and intent of this district and the downtown plan shall be
prohibited. Specifically, the following uses are deemed to
be inconsistent with the purposes of the downtown plan
and the Downtown Development District, contrary to
the public health, safety, welfare and morals of the
community and are hereby expressly prohibited:
(a) Blood Plasma Centers;
(b) Facilities and Operations precluded by Chapter
13, Article X and XI of the City of Clearwater
Code of Ordinances; and
(c) Such other adult or erotic activities or businesses
as are prohibited by State Statute.
Section 24.05. Maximum Density
(1) Bayfront (Overlay) Area - in the Bayfront Area maximum
permitted density shall be as otherwise provided for in
the standard zoning district classifications, and as these
districts may be subsequently amended, except as such
may be required to be reduced in the course of site plan
review or as otherwise determined necessary based upon
applicable portions of the City's Code of Ordinances pertaining
to the public health, safety and welfare.
(2) Core Area - In the Core Area there shall be no maximum
permitted density, except as may be established in the course
of site plan review or as otherwise determined necessary
based upon applicable portions of the City's Code of Ordinances
pertaining to the public health, safety and welfare.
(3) Eastern Corridor Area - In the Eastern Corridor Area
maximum permitted density, by category of use, shall be
as follows, except as such may be required to be reduced
in the course of site plan review or as otherwise determined
necessary based upon applicable portions of the City's Code of
Ordinances pertaining to the public health, safety and welfare-
(a)Retail, Office/ Business, Businees/Service, Restaurant/
Entertainment, and Institutional - Floor/Area Ratio (FAR)
3.0. For the purpose of applying density standards, any
institutional use involving permanent living accommodations,
such as adult congregate living facility, shall meet the
density guidelines for residential use.
(b) Hotel/Motel and Residential -
1. Low rise (1 - 3 stories) - 42 units/acre
2. Mid rise (4 - 8 stories) - ab units/acre
3. High rise (q -,lb stories) - 70 units/acre
(4) In computing permitted residential density in combination with
other use categories, the lot area attributable to other than
residential use based on the floor area ratio (FAR) requirement
shall be deducted from the total lot area and the remainder
multiplied by the applicable residential density standard (units/acre).
Ord. #2254 -4- 1/22/81
Section 24.06. Maximum Building_ Height
(1) Bayfront (Overlay) Area - In the Bayfront Area maximum
permitted building height shall be as otherwise provided for
in the standard zoning district classifications, and as these
districts may be subsequently amended, except as such may
be required to be reduced in the course of site plan review
or as otherwise determined necessary based upon applicable
portions of the City's Code of Ordinances pertaining to the
public health, safety and welfare.
(2) Core Area - In the Core Area there shall be no maximum
permitted building height, except as may be established in
the course of site plan review or as otherwise determined
necessary based upon applicable portions of the City's Code
of Ordinances pertaining to the public health, safety and
welfare.
(3) Eastern Corridor Area - In the Eastern Corridor Area
maximum permitted building height shall be sixteen (16)
stories and one hundred sixty (160) feet, whichever is the
lesser, except as such may be required to be reduced in
in the course of site plan review or as otherwise determined
necessary based upon applicable portions of the City's Code
of Ordinances pertaining to the public health, safety and
welfare.
Section 24.07. Off-Street Parking and Loading
(1) Off-street parking and loading requirements shall be as set
forth under Article XXXIII of the Zoning Ordinance, except
as otherwise provided for herein. Specifically, these o££-
street parking and loading requirements apply to any new,
altered or expanded use within the Downtown Development
District as of.the effective date of this ordinance, except
as follows: I
(a) Existing uses non-conforming with respect to parking
shall be entitled to be re-established if damaged or
destroyed, irrespective of the extent of same, to the
extent of the use existing prior to damage or destruction
without providing any additional parking, based'on the
requirements of this ordinance, beyond that which
existed, previously;
(b) Existing uses non-conforming with respect to parking
which are changed, altered or expanded in use so as to
increase parking requirements shall be required to
provide only such additional spaces as determined by
the positive difference between that number of spaces
required immediately prior to the effective date of this
ordinance for the use and the number of spaces required
herein, irrespective of the fact that parking may still be
deficient under the terms of this ordinance; and
(c) Parking requirements shall be waived for separate,
individual uses whose parking requirement is ten (10)
or fewer spaces.
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Ord 02254. zJ2zJ$x
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(2)' Required off-street parking the downtown area, by
category use, shall be as follows:
(a) Retail - 1 space/400 sq. it. of gross floor area;
(b) Office/Business and Business /Service - 1 apace/400 sq. ft.
of gross floor area;
(c)Restaurant/Entertainment and Institutional - 1 space/5 persons
based on design capacity;
(d) Hotel/Motel - 1 space/rental unit; and
(e) Residential - 1 space/dwelling unit, except adult
congregate living facility which shall require one (1)
space per employee on duty during maximum shift
plus one (1) space per two (2) dwelling units.
(3) It is hereby declared to be the intent of this section to provide
for sufficient flexibility in the parking requirement formula
so as to allow for consideration of individual situations- and
more innovative solutions to the provision of off-street
parking. Consistent with this intent, once the number of
spaces required to serve a given use is identified, the City,
in conjunction with the applicant, will review the existing or
proposed public parking available to serve the proposed use,
such unusual or special conditions or provisions as might be
unique to the. use, and the desire and ability of the City to
participate in any joint undertaking to provide parking space.
In detexmining compliance with the above off-street parking
requirements the following specific factors may be taken
into account and applied toward the number of required
parking spaces:
(a) The number of available off-street public parking spaces
that typically record less than a ninety per cent (901o)
utilization rate, as determined by the 'T'raffic Engineer,
within six hundred feet (6001) for long term (over 3
hours) and four hundred feet (4001) for short term
(3 hours or less) parking;
(b) The number of spaces that can be pro-tided within six
hundred feet (6001) for employees and four hundred feet
(4001) for visitors based upon shared use of existing
parking spaces, public or private, due to variation in
typical hours of operation. In the event shared use of
existing parking is proposed, a letter of no objection
from the owner of the parking area to be shared shall
be provided;
(c) The number of available off-street parking spaces within
six hundred feet (6001) for employee parking and four
hundred feet (4001) for visitor parking, owned or leased by
the applicant for off- site parking space, provided such site
Wunder the same ownership or there is provided evidence
satisfactory to the City of a binding commitment of
satisfactory duration to the use of such parking for the
principal use in question during its normal hours of
operation. Off-site parking arrangements may include
private and/or public parking spaces and shall provide
for the City, to be notified sixty (60) days prior to the
termination or cancellation of any such arrangement.
Ord'. 02254 1/22JOI
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(d) The number of parking spaces that should be added
or subtracted based upon unusual or special conditions
unique to a particular use or based upon specialized
programs such as car-pooling or public transit
opportunities and requirements for employees or
visitors ;
(e) The amount of money offered as payment in lieu of
providing required off-street parking space, such
payment to be based upon an estimated initial per
space or annual operating and maintenance cost set
by resolution of the City Commission and subject to
review at intervals of not more than two (2) years. In
establishing the process for payment in lieu of parking,
the City Commission shall designate the responsible
department or authority charged with receiving monies
and establishing a fund to be utilized exclusively for the
provision of capital improvements to and operation and
maintenance of parking facilities in the Downtown
Development District and in accord with the downtown
plan; and
(f) The direct and indirect contribution toward and feasibility
of acquisition, construction and/or operation of new or
expanded parking facilities in conjunction with the proposed
use.
(4) All new, altered, or expanded uses requiring more than ten
(10) parking'spaces shall submit a parking plan to the Traffic
Engineer which shall document the following:
(a) Type(s) of use, required number of parking spaces for
each use and composition of required parking, i. e. long
and short-term;
(b) Proposed provision for parking on and/or off-site;
(c)Available public parking and proposed use thereof, by
location, if proposed to be counted;
(d) Alternative financial contribution in lieu of parking, if
any, and the basis therefor; and
(e) Other proposed arrangements designed to meet or in
lieu of parking requiremente.
(5) All determinations made under the provisions of this section
shall be approved by the City Manager, upon the recommendation
of the Traffic Engineer and Planning Director. Where deemed
appropriate by the City Manager, this determination may be
referred to and made by the City Commission. Determination
as to the required number of spaces und:'r paragraph (2) and
the number and basis of establishing any addition to or sub-
: , traction from this number by the City Manager or City
Commission under paragraph (3) shall be noted and made
a part of the building permit records of the City by the Zoning
Enforcement Officer. The City Commission or its designee
may provide for lease payments to the public parking system
or payments in' lieu of parking on such installment or incremental
basis as is deemed financially equitable and sound.
Ord. 02254 -7- 1/22/81
Section 24.48. Su lementar Design Review Regulations
(1) At such time as it may be appropriate to officially adopt an
architectural improvement theme or motif for all or a
portion of the downtown area, the City Commission may
establi&h the necessary process and criteria to review
and approve all exterior structural and sign construction
and renovation otherwise in compliance with the City Code
of Ordinances, so as to insure a consistent and harmonious
application of the adopted concept in accordance with the
guidelines established therefor.
(2) Prior to effecting the provisions of this section, the City
Commission shall establish such additional procedures,
review authority and criteria and designate such ad hoc
expert representatives as is deemed appropriate and as
may be required by law.
Section 24.09. Supplementary_ Definitions
(1) In addition to the standard definitions set forth in Article Il
of the Zoning Ordinance, the following definitions are established
for the purpose of applying the provisions of this Article:
(a) Retail - A business or merchandising activity involving
primarily the sale of merchandise or stock-in-trade
to the public.
(b) Office/Business - A professional or business occupation
involving primarily the utilization of office space and
related customer or client service area for the conduct
of such occupation, including personal service uses.
(c) Business /Service - A commercial or service activity
involving primarily the storage, sale and service of
merchandise, supplies, vehicles or equipment, including
automobile service uses and on-premise fabrication and
assembly of hand-craft goods.
(d)Restaurant/Entertainment - A commercial eating, drinking
or theater establishment, the principal activity of which
is to serve food and/or beverage or the provision of live
or audio/visual entertainment.
(e) Hotel/Motel - A building or gio up of buildings designed
primarily to accommodate overnight transient guests lodged
for remuneration including appurtenant meeting, dining,
entertainment and retail uses.
(f) Institutional - Public or quasi-public use involving public
and municipal services and facilities and quasi-public
religious, health, cultural or philanthropic services and
facilities, including government office and public assembly
uses.
(g) Residential - A building or group of buildings providing
complete housekeeping facilities for each distinct dwelling
unit or congregate living facility and designed for permanent
occupancy by one or more families according to the specific
category of dwelling.
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Ord. #2254 1/2z/81
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(h) Blood Plasma Center - A building and premises used for
the extraction of blood plasma from human beings for the
sale or transfer of such blood plasma.
(i) Open Space - A public or private land area open and
unbuilt upon except for recreation facilities and urban
streetscape elements or furnishings that is generally
open, unenclosed and accessible to the public for
active or passive utilization and enjoyment.
Section 2. 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 3. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed.
. Section 4. Notice of the proposed enactment of this ordinance has
been properly advertised in a newspaper of general circulation in accordance
with Section 166.041, Florida Statutes.
Section 5. The Planning Director is directed to include and set out
and show upon the official zoning atlas of the City of Clearwater the foregoing
amendments as hereinabove set out.
Section 6. The provisions of this ordinance shall take effect
immediately upon its passage.
t
MASSED ON FIRST READING January 8, 1981
PASSED ON SECOND AND FINAL
READING AND ADOPTED January 22, 1981
AS AMENDED
ayor-Commissioner
Attest:
City`Clerk, r
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Ord, x'2254 1 /7?/R1