TA2011-11004; ORD 8310-12 Case number: TA2011-11004
Ordinance No: 8310-12
Agenda Item F-1
,
CDB Meeting Date: December 20, 2011
Case Number: TA2011-11004
Ordinance No.: 8310-12
Agenda Item: F. 1.
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
REQUEST: Amendments to the Community Development Code — Ordinance Number
8310-12
INITIATED BY: City of Clearwater, Planning and Development Department
BACKGROUND:
T`he Clearwater Business Task Force (BTF) was established on April 7, 2011 by the City Council
to provide feedback on the current rules and regulations affecting businesses and business
development. The BTF submitted its final report to City Council on August 29, 2011. The report
consisted of 71 recommendations to change public perceptions about being "business friendly",
streamline development application processes and enable greater signage flexibility. City staff
reviewed each of the recommendations and presented to City Council ideas as to how some of
them may be adopted as well as a prospective timeframe for these adoptions to occur. At the
direction of the City Council, staff is now proposing a text amendment to the Community
Development Code (CDC) that would address some of the simpler or more straightforward
changes that can be made to address the recommendations of the BTF or that would otherwise
assist in fulfilling their goals as well as a few amendments proposed by staff.
A1VAL Y�a'1S:
Proposed Ordinance No. 8310-12 includes amendments addressing a variety of different sections
of the CDC. As noted above, some of the amendments were recommended by the BTF while
others were initiated by staf£ The following is a description of those amendments recommended
by the BTF:
1. General Application Requirements for All Development Applications (Pages 10-15 of
proposed ordinance)
The BTF identified several items that were required in order to file virtually any application
for development that they believed to be unnecessary. Staff held discussions with members
of the BTF to discuss these requirements and many of the items they suggested be removed
from the typical list of requirements are proposed to be removed with this amendment. In
fact, this amendment strikes all of Section 4-202.A., CDC, and adopts a much more succinct
version in its place; a version that does not list every element that may be required of an
application, but instead references four general items and referencing additional information
that the Community Development Coordinator may require of an application. The intent
here is that the individual development applications will set forth the specific information
required and that this information can be tailored to what is needed for that request or
application type, and that there would not be a generic application containing a long list of
required items that may have no bearing on an individual request.
Community Development Board—December 20,201]
TA20]1-11004—Page 1
4
In amending this Section of the CDC in this manner, the department also gains the flexibility
to be able to adapt to needs more easily. For example, if it is found over time that something
is being required in the applications that is not truly needed, staff can simply delete the item
from the application and move on — something that can be accomplished in a matter of
minutes. Currently, however, staff would need to propose a text amendment to accomplish
this—something that could only be accomplished after a couple of months.
It is noted that the language in this proposed amendment pertaining to mobile homes is
actually existing language that is being retained, and not new language being added into the
CDC.
2. Application Requirements for Zoning Atlas Amendments (Page 16 of proposed
ordinance)
Presently, the CDC requires that an application for a Zoning Atlas amendment can only be
initiated by the City Council, the Community Development Coordinator, the Community
Development Board, or by a person applying for a development approval. This amendment
eliminates the need for a development application to be made concurrently with a rezoning
request. The ability to request a rezoning without having to assume all of the expenses
associated with preparing development plans was one of the recommendations of the BTF.
3. Application Requirements for Landscape Plans (Pages 16-17 of proposed ordinance)
Similar to those changes made under #5, above; this amendment strikes much of the existing
language pertaining to what is required on a landscape plan in conjunction with a
development application, and provides a reference to additional information that the
Community Development Coordinator may require of an application. The purpose for this
change is the same as that of#5.
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1. General Provisions (Page 2 of proposed ordinance)
This amendment intends to revise an element of the stated pu.rg�s�s of the CDC to reflect
what is actually set forth within the CDC. The CDC has never included minimum lot depth
or minimum habitable area requirements, and there is no indication that these would be
necessary to add into the CDC.
2. Parking Lot Setbacks (Page 2 of proposed ordinance)
Staff conducted an analysis of applications received over a two year period in order to
determine if there was a common reason for projects having to be submitted through either
the Flexible Standard Development (FLS) or Flexible Development (FLD) application
processes. While there was no singularly dominant reason, it was noticed that there were a
sizable number of applications that either had to be made through one of the above processes
or escalated from an FLS to an FLD application as a result of the project proposed setbacks
to off-street parking lots. Therefore, in an effort to provide for a potentially simpler
application process, staff is proposing that setbacks relevant to parking lots be exempted
from the standard setbacks established in the various zoning districts that are presently
applicable to both all forms of pavement and buildings. Instead parking lots would be
required a 15-foot front setback and a side setback equal to the required perimeter landscape
buffer. As there are no perimeter landscape buffers required in the Tourist (T) and
Community Development Board—December 20,2011
TA2011-11004—Page 2
Downtown (D) Districts, the amendment provides clarification for how this requirement
would be handled in those instances, as well as claxifying that this exemption does not apply
to detached dwellings where parking lots are not permissible. While this amendment was not
specifically recommended by the BTF, we believe that it meets their goals of providing for a
more streamlined and efficient process.
3. Parking Demand Studies (Pages 2-3 of proposed ordinance)
This amendment modifies when applicants are required to prepare a parking demand study in
conjunction with a request to reduce the amount of off-street parking required by the CDC.
Presently, the CDC is vague in its requirement, stating that applicants "may" be required to
prepare such a study, but providing nothing with regard as to when a study would or would
not be required. This amendment provides specific language that a parking demand study
would need to be provided if the requested flexibility of the parking standards is greater than
50% of the top end of the range (excluding those standards where the difference between the
top and bottom of the range is one parking space). This amendment will hopefully provide
greater up-front clarity to developers as to what needs to be provided as well as eliminating
costs relating to the production of unnecessary parking demand studies. While this
amendment was not specifically recommended by the BTF, we believe that it meets their
goals of providing for a more streamlined and efficient process.
4. Temporary Uses (Pages 3-10 of proposed ordinance)
While this amendment strikes all of the existing language for temporary uses, the majority of
this language returns unchanged in the proposed text. The purpose of this amendment is to
restate the temporary use provisions in a manner that will provide all applicants' greater
� clarity in what is permissible and what is required in order to apply. The proposed
amendment neither deletes nar adds any type of temporary use.
5. Business Tax Receipts (Page 15 of proposed ordinance)
This language presently exists as part of Section 4-202.A; however with the changes being
,. .proposed to this Section, it was out of place if it were. to remain,., Therefore, it is bein,g
- relocated into Section 4-205, which is specific to Business Tax Receipts.
6. Application Requirements for Development Agreements (Page 16 of proposed ordinance)
This amendment makes only minor alterations to a pair of references in the existing
language.
7. Purpose of Nonconforming Provisions (Page 17 of proposed ordinance)
The purpose of this amendment is to restate the purpose of the nonconforming provisions,
and to make it clear that the purpose of the CDC is not to encourage nonconformities to
continue but to bring them into compliance.
8. Nonconforming Structures (Page 18 of proposed ordinance)
This amendment accomplishes several things. In subsection B, the inclusion of the word
"replacement" in the existing language was contrary to the very purpose of the provision as it
is not desirable to replace nonconforming structures; therefore the amendment would remove
"replacement" from the provisions. Also, the language being added provides further strength
to the CDC to bring nonconformities into compliance.
Community Development Board—December 20,2011
TA201 1-1 1004—Page 3
Subsection C in the existing text is proposed to be removed as it was supportive of
nonconformities being retained rather than being brought into compliance. Subsection E in
the existing text is proposed to be removed as it was found to be prohibitory to property
owners being able to rent/lease building space that they had available simply because the
building happened to be nonconforming, even when the uses involved were not. Removing
this provision should help facilitate businesses being able to occupy existing structures more
easily.
Subsection D in the existing text (now proposed as subsection C) is being restated for the
purpose of clarity. While this amendment does eliminate a provision relating to compliance
with off-street parking, this should not have been associated with these provisions, as
compliance with off-street parking regulations is a product of the property use and not the
structure on the property.
The new subsection E furthers the purpose of these regulations covering an element not
previously conceived in these provisions: the moving of nonconforming structures and the
removal of portions of nonconforming structures.
9. Nonconforming Uses (Pages 18-19 of proposed ordinance)
This amendment accomplishes several things. In subsection A, the language being removed
is not relevant to this Section as it pertains to nonconforming structures. The revision to
subsection B provides additional language addressing an element not previously conceived in
these provisions: the moving of nonconforming uses. The amendments proposed to
subsections C and D are minor and not substantive.
10. Nonconforming Lots (Pages 19-20 of proposed ordinance)
This amendment modifies subsection A to extend the applicability of the provision to all lots
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residential lots with only minor corrections being proposed.
"' 1 i. Noncoanfbrmi��A.��essory Uses/Structures (Page 20 of proposed ordinance)
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This amendment clarifies that an accessory structure is required to meet the development
standards for a principal use in order to be allowed to continue after the principal use of the
property is abandoned or destroyed. Previously, the provision was non-specific and could
have been interpreted that the accessory use/structure provisions of the Code were to be
complied with. However, in the scenario provided by this Section, the structure could be left
on the property as the principal structure and therefore should be required to meet those
standards.
12. Definition of Temporary Retail Sales and Displays (Page 20 of proposed ordinance)
This amendment removes language from the definition of temporary retail sales and displays
that is not relevant this type of temporary use. Specific temporary uses have been established
far carnivals, residential sales offices and garage sales; therefore they should not be
considered to be part of a temporary retail sales and display and should not be incorporated
into this definition.
CRITERIA FOR TEXT AMENDMENTS:
Section 4-601, CDC, sets forth the procedures and criteria for reviewing text amendments. All
text amendments must comply with the following:
Community Development Board—December 20,2011
TA201 1-1 1004—Page 4
_ _
l. The proposed amendment is consistent with and furthers the goals, policies and
objectives of the Comprehensive Plan.
A review of the Clearwater Comprehensive Plan identified the following Goals and Policy
which will be furthered by the proposed Code amendments:
Policy A.6.2.1 On a continuing basis, the Community Development Code and the site
plan approval process shall be utilized in promoting infill development
and/or planned developments that are compatible.
The amendments proposed by this ardinance are intended to simplify or clarify the various
development review processes. By this, the above referenced Policy of the Comprehensive
Plan will be furthered by providing a clearer and more easily understandable process for
property owners to follow in developing their property.
2. The proposed amendment furthers the purposes of the Community Development Code
and other City ordinances and actions designed to implement the Plan.
The proposed text amendment will further the purposes of the CDC in that it will be
consistent with the following purposes set forth in Section 1-103.
■ It is the purpose of this Development Code to implement the Comprehensive Plan of the
city; to promote the health, safety, general welfare and quality of life in the city; to guide
the orderly growth and development of the city; to establish rules of procedure for land
development approvals; to enhance the character of the city and the preservation of
neighborhoods; and to enhance the quality of life of all residents and property owners of
the city (Section 1-103.A., CDC).
■ It is the purpose of the Community Development Code to create value for the citizens of
the City of Clearwater by allowing property owners to enhance the value of their property
� � throug� ir��r�vati�ve and creative�red�e�el��.����at���(Section 1-103.B.1., CDC). � _ � �-
The amendments proposed by this ordinance will further the above referenced purposes by
making improvements to the established rules of procedure for land development approvals.
The improvements will remove some upfront costs to development and clarify the process to
more readily enable property owners to enhance the value of their property.
SUMMARY AND RECOMMENDATION:
The proposed amendments to the Community Development Code are consistent with and will
further the goals of the Clearwater Comprehensive Plan and the purposes of the Community
Development Code. Based upon the above, the Planning and Development Department
recommends APPROVAL of Ordinance No. 8310-12 that amends the Community Development
Code. :'�
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Prepared by Planning & Development Dept. Staff: :=;./ � 7
Robert G. Tefft,Development Review Manager
ATTACHMENT:Ordinance No.8310-12
Community Development Board—December 20,2011
TA201 1-1 1004—Page 5
Robert G.Tefft
100 South Myrtle Avenue
Clearwater,FL 33756
(727)562-4539
robert.tefft(a�myclearwater.com
PROFESSIONAL EXPERIENCE
■ Development Review Manager
City of Clearwater, Clearwater, Florida August 2008 to Present
Direct Development Review activities for the City. Supervise professional planners, land resource
specialists and administrative staf£ Conduct performance reviews. Serve as staff to the Community
Development Board.
■ Planner III
City of Clearwater, Clearwater, Florida June 2005 to August 2008
Duties include performing the technical review and preparation of staff reports for various land
development applications, the organization of data and its display in order to track information and
provide status reports, and making presentations to various City Boards and Committees.
■ Planner II
City of Clearwater, Clearwater, Florida May 2005 to June 2005
Duties include performing the technical review and preparation of staff reports for various land
development applications, the organization of data and its display in order to track information and
provide status reports.
■ Senior Planner
City of Delray Beach, Delray Beach, Florida October 2003 to May 2005
Performed technical review of and prepared staff reports for land development applications such as,
but not limited to: site plans,conditional uses, rezoning, land use amendments, and text amendments.
Organized data and its display in order to track information and provide status reports. Make
prese_ntations to various City Boards. .,.
_ �,�_ ���;�r..
■ Planner
City of Delray Beach, Delray Beach, Florida March 2001 to October 2003
Performed technical review of and prepared staff reports for land development applications such as,
but not limited to: site plans, conditional use and text amendments. Organization of data and its
display in order to track information and provide status reports. Provided in-depth training to the
Assistant Planner position with respect to essential job functions and continuous guidance.
■ Assistant Planner
City of Delray Beach, Delray Beach, Florida October 1999 to March 2001
Performed technical review of and prepared staff reports for site plan development applications.
Performed reviews of building permit applications. Provided information on land use applications,
ordinances, land development regulations, codes, and related planning programs/services to other
professionals and the public.
EDUCATION
Bachelor of Arts, Geography(Urban Studies),
University of South Florida, Tampa, Florida
ORDINANCE NO. 8310-12
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING
ARTICLE 1, GENERAL PROVISIONS, SECTION 1-103, GENERAL
PURPOSES, TO DELETE UNCESSARY TEXT AND MAKE A MINOR
CORRECTION; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS,
SECTION 3-903, REQUIRED SETBACKS, TO ADD LANGUAGE PERTAINING
TO SETBACKS FOR PARKING LOTS; AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, DIVISION 14, PARKING AND LOADING, TO
CHANGE THE THRESHOLD PERTAINING TO THE REQUIREMENT OF A
PARKING DEMAND STUDY; AMENDING ARTICLE 3, DEVELOPMENT
STANDARDS, DIVISION 21, TEMPORARY USES, TO STRIKE THE DIVISION
IN ITS ENTIRTY AND TO ADOPT A NEW DIVISION 21 THAT PROVIDES FOR
A REVISED LIST OF PERMITTED TEMPORARY USES, ASSOCIATED
APPROVAL CRITERIA AND TIMEFRAMES FOR WHICH THE TEMPORARY
USES ARE ALLOWED; AMENDING ARTICLE 4, DEVELOPMENT REVIEW
AND OTHER PROCEDURES, SECTION 4-202, APPLICATIONS FOR
DEVELOPMENT APPROVAL, TO STRIKE SUBSECTION A AND REPLACE IT
WITH MORE SIMPLIFIED AND SUCCINCT LANGUAGE; AMENDING ARTICLE
4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-205,
BUSINESS TAX RECEIPT, TO ADD SUBSECTION C; AMENDING ARTICLE 4,
DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-602,
ZONING ATLAS AMENDMENTS, TO ALLOW FOR THE SUBMITTAL OF
ZONING ATLAS AMENDMENT WITHOUT THE SUBMITTAL OF AN
APPLICATION FOR DEVELOPMENT APPROVAL; AMENDING ARTICLE 4,
DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-606,
DEVELOPMENT AGREEMENTS, TO MAKE MINOR CORRECTIONS;
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NIVICIVUIIVV /1R1IlrLC '+, UCVCLVI-"NICIV 1 I'CGVICVV /11VU V I fICR
PROCEDURES, SECTION 4-1102, PLAN REQUIREMENTS, TO PROVIDE
MORE SIMPLIFIED AND SUCCINCT LANGUAGE; AMENDING ARTICLE 6,
NONCONFORMING PROVISIONS, SECTIONS 6-iG1, �-���, 6-1D3, 6-10�,
AND 6-107, TO PROVIDE LANGUAGE THAT IS MORE CONSISTENT WITH
THE PURPOSE OF THE NONCONFORMING PROVISIONS AND MAKE
MINOR CORRECTIONS; AMENDING ARTICLE 8, DEFINITIONS AND RULES
OF CONSTRUCTION, SECTION 8-102, DEFINITIONS, PROVIDING A
REVISED DEFINITION FOR TEMPORARY RETAIL SALES AND DISPLAYS;
CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN
AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; 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 of the new zoning districts
in all parts of the City that utilize the Minimum Standard, Flexible Standard and Flexible levels of
review, and
WHEREAS, the City of Clearwater desires for the Community Development Code to
function effectively and equitably throughout the City, and
I
WHEREAS, the City of Clearwater has determined where the Community Development
Code needs clarification and revision, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
* * * * * * * * * *
Section 1. That Article 1, General Provisions, Sections 1-103, Community
Development Code, be, and the same is hereby amended to read as follows:
* * * * * * * * * *
E. It is the further purpose of this Development Code to:
* * * * * * * * * *
11. Enumerate density, area, width, �la-; height, setback, coverage and like
requirements for each district, and make appropriate distinctions between
categories of use within districts, based on the general purposes of this article,
the Comprehensive Plan, and existing and desired community characteristics;
and
12. Coordinate the provisions of this Development Code with corollary provisions
relating to parking, fences and walls, signs, and like
supplementary requirements designed to establish an integrated and complete
regulatory framework for the use of land and water within the city.
Section 2. That Article 3, Development Standards, Division 9, General Applicability
Standards, Section 3-903, Required setbacks, Community Development Code, be, and the
same is hereby amended to add a new subsection F, and re-lettering the subsequent
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F. Except for driveway access to qaraqes, vehicular cross-access and shared parking, all
` , ' {: ��"- ' 'of�which-�� ^�cu€�,red bv subsection A, above; parkinc�lots shall be set bach#d��;s�� �����,�. - - -��
propertv lines a distance of 15 feet, and shall be set back from all other propertv lines a
distance that is consistent with the required perimeter landscape buffer width.
1. While perimeter landscape buffers are not required in the Tourist (T) District, the
above referenced setback shall be based upon Section 3-1202.D.1., or at a
dimension consistent with the existinq/proposed buildinq setback, or at a
dimension consistent with setbacks required or otherwise established bv Beach
�Desiqn, whichever is less.
2. As perimeter landscape buffers are not required in the Downtown (D) District,
comqliance with the above provision is not required. However, compliance with
the applicable Desiqn Guidelines as set forth in the Clearwater powntown
Redeve/opment Plan must still be achieved.
3. This subsection is not applicable to detached dwelling uses where parkinq lots
are not permissible. The applicable provisions of Article 3, Division 14 would
apply•
Section 3. That Article 3, Development Standards, Division 14, Parking and Loading,
Community Development Code, be, and the same is hereby amended to read as follows:
* * * * * * * * * *
2
C. Parking demand study.
1.
�a�+�g-�a�da�� If flexibilitv of the parkinq standards is requested that is
areater than 50% of the top end of the ranqe (excluding those standards where
the difference between the top and bottom of the ranqe is one parkinq space),
then a parking demand studv will need to be provided. Prior to the preparation of
such study, the methodology shall be approved by the community development
coordinator and in accordance with accepted traffic engineering principals. The
findings of the study will be used in determining whether or not deviations to the
parking standards are approved.
* * * * * * * * * *
Section 4. That Article 3, Development Standards, Division 21, Temporary Uses,
Community Development Code, be, and the same is hereby amended to read as follows:
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DIVISION 21. TEMPORARY USES
Section 3-2101. Purpose.
6
It is the purpose of this division to provide for certain temporary uses and to ensure that such
uses are compatible with adiacent land uses and consistent with the city's qoals and obiectives.
Section 3-2102. General Standards.
All proposed temporarv uses shall submit a conceptual plan depictinq comqliance with the
followinq qeneral standards:
A. The temporarv use will not create hazardous vehicular or pedestrian traffic conditions or
encroach upon anv existinq landscape areas.
B. The desiqn and installation of all practicable temporarv traffic control devices includinq
siqnaqe to minimize traffic conqestion.
C. Adequate sanitarv facilities, utilitv, drainaqe, refuse manaqement, emerqency services
and access, and similar necessary facilities and services will be available to serve
emploVees, patrons or participants.
D. Signaqe related to the temporarv use shall not exceed 12 square feet of siqn face area
and no more than one siqn face per street frontage shall be permitted. Siqns shall be
made of treated wood or other durable material. Sign copy shall not be sprav-painted.
Details of any proposed signage must be submitted with an application for a temporarv
use permit.
E. Where a tent or similar structure is to be used in conjunction with a temporary use, the
following shall be met:
1. Complv with all requirements of the Fire Marshal;
2. Provide the CitY with a certificate of insurance to cover the liability of the
applicant or sponsor; and
3. Demonstrate that the tent is flame resistant by providinq a certificate of flame
resistance or other assurance that the structure has been properly treated with
flame retarder and has been maintained as such.
F. Where a tent or similar structure is to be used in conjunction with a temporarv use, the
ici ii �iiaii v� aiivrr°cu iv �.hia°. �°i°uN vi i ii i�°. uay nhic�..fvi�°. ii i�°. i�°-.i iiNvi a'y u�°c iu J^il IC�.I.�.�U1C�il�.1 iv
begin, and shall be allowed to be taken down on the day after the temporary use is
scheduled to end. However, additional time mav be allowed for circuses or carnivals as
determi�;�� ��, ; �
i i�e: ����€�un�tti� Dev�.a�� -�Q. _,�cN�dinator. .µ-<,
Section 3-2103. Allowable Temporarv Uses.
Unless otherwise noted, the followinq temporary uses are permitted subject to obtaininq a Level
One approval in accordance with the provisions of Article 4, Division 3 as well as the specific
criteria pertaininq to each temporary use:
A. Block and neighborhood parties.
1. Allowable within all residential zoninq districts; and
2. Maximum of two davs, per calendar year.
3. Mav be sublect to review bv the Special Events Committee.
B. Circuses or carnivals.
1. Allowable within the C, IRT and I Districts; and
2. Maximum of 14 days per propertv, per calendar year.
C. Contractors office and/or construction sheds.
1. Allowable within all zoninq districts; and
2. Allowable onlv in conjunction with a valid buildinq permit and onlv for the time
that the building permit is active.
D. Evangelical and reliqious revivals or assemblies.
7
1. Allowable within the C, D, T, I and IRT Districts; and
2. Maximum of seven davs per property, per calendar vear.
E. Garage, vard or estate sales.
1. Allowable within all residential zoninq districts;
2. Allowable twice per propertv, per calendar vear, but for no loncaer than three davs
per occurrence;
3. Individual occurrences may not be consecutive; and
4. Provided all of the applicable standards of this division are met, a permit is not
required for this temporarv use.
F. Outdoor automobile, boat and recreational vehicle shows.
1. Allowable only on properties located in the C District that is at least 75
contiguous acres in size;
2. Allowable four times per propertv, per calendar year, but for no lonqer than seven
daYs per occurrence, inclusive of set-up and take down time for all related
facilities. Individual occurrences mav not be consecutive; and
3. The sale of products displayed at the show is permitted, without regard to the
�rimarv use of the propertV.
G. Outdoor bazaars, cookouts, special fund raisinq events and/or similar activities.
1. Allowable within the C, D and I Districts: and
2. Maximum of two days per property, per calendar vear.
H. Portable storage units.
1. Allowable within all residential zoning districts four times per qropertv, per
calendar vear, but for no lonqer than four days per occurrence;
2. Allowable within all nonresidential zoninq districts for the duration of an active
buildinq construction permit, or four times per propertv, per calendar vear, but for
no longer than 30 davs per occurrence;
3. Individual occurrences may not be consecutive;
4. Provided all of the applicable standards of this division are met, a permit is not
�°uu��°.`J. fC�1h�� ±omNnru�� �.:5° ::nth�n u roc�r�lcntlu� ZCn�nn ���tr�r�•
�
5. Portable storaqe units not exceedinq eiqht feet in heiqht, eiqht feet in width, and
16 feet in lenqth may be permitted provided such units comply with the following
,_ . .
. provisio�is , x��� .,-�. G:=.,,... :. .. .��.,�.�.v-,
a. One portable storaqe unit mav be located on anv lot occupied by a
detached dwellinq. The number of permitted portable storage units for all
other uses shall be decided bv the Communitv Development Coordinator
based upon the amount of construction, size of qroperty and the abilitv to
locate the portable storage unit in accordance with the reauirements
below;
b. Portable storage units mav be located in a required setback;
c. Portable storaae units shall not be located in such a manner to impair a
motor vehicle operator's view of motor vehicles, bicvcles or pedestrians
upon enteri_nq or exitinq a right-of-wav;
d. Portable storaqe units shall not be located in such a manner to obstruct
the flow of pedestrian or vehicular traffic;
e. A maximum of two siqns no more than 12 square feet in area each mav
be located on parallel sides on a portable storaqe unit;
f. A sticker shall be affixed to all qortable storaqe units indicatinq the most
recent deliverv date, on which the qortable storaqe unit was delivered to a
property;
g. If the National Weather Advisorv Service or other qualified weather
advisory service identifies weather conditions which are predicted to
s
include winds of 75 mph or greater, all portable storaqe units shall be
removed from all properties and placed in approved storaqe locations at
least 24 hours prior to the predicted onset of such winds or as soon as
reasonablv practical if less notice is provided. This reauirement mav be
modified bv the buildinct official upon receipt of adeauate documentation
from a reqistered architect or enqineer or other professional qualified to
qive such opinion that a greater wind loading pertain to a particular
portable storaqe unit model or manufacturer so that the portable storaqe
unit is unlikelv to be moved bv winds greater than the predicted winds. As
an alternative to removal, the portable storaqe vendor mav submit a tie
down proposal for approval bv the Building Official and each portable
storaqe unit not removed shall be tied down in the approved manner
h. Anv portable storaqe unit which is not removed at the end of the time for
which it mav lawfullv remain in place, or immediatelv upon the direction of
a code enforcement officer for removal of such temporarv structure for
safetv reasons, mav be removed by the City immediatelv without notice
and the cost of such removal, together with the cost of administration of
its removal, mav be assessed aqainst the qroperty on which the
temporarv structure was located and mav be filed as a lien aqainst such
property bv the City Clerk: and
i. The Communitv Development Coordinator may allow portable storage
units to be located on a propertv within a residential zoninq district for a
lonqer period of time than otherwise specified but only in emergencv
situations. The Communitv Development Coordinator mav allow a period
of 15 davs for a portable storage unit to be located on such a property
and mav allow an additional 15 days if an extension is necessarv to
complete emerqency repairs.
I. Seasonal sales (sale of Christmas trees, pumpkins, or other seasonal holidav items).
1 All�.u.� I� '#L�'n nll r ci� �inl vnr�ir�.-� rlic#ri�F •
�. ruivvva i� vv'iu�ii� an i�vi u�aiu�i ivai �vi�n iy uiau n.��u,
2. Maximum of 45 davs per propertv, per calendar vear;
3. A 1,000-foot separation shall be required between a seasonal business and any
: -���,� � - �` °- - - permanent business whose primary business is .,�E�:�>„ �':�;: �����e �ro�uct a� *`?e
seasonal business. The 1,000 feet sha�l be measured from propertv line to
property line; and
4. Only items traditionallv considered as associated with the particular season
includinq plant materials and fireworks are allowed to be sold and qeneral
merchandise not associated with the seasonal sale such as tovs too�s clothinq
etc. are prohibited from beinq sold as a seasonal sale item.
J. Sidewalk sales in conjunction with a special event.
1. Allowable within the T and D Districts; and
2. Maximum of seven davs per propertv, per calendar vear.
K. Temporarv commercial parking lots.
1. Allowable within all zoninq districts;
2. Allowable onlv in conjunction with another approved temqorarv use or an
approved special event; and
3. Allowable onlv for that time the temporarv use or special event the parkinq will
serve is authorized.
L. Temporary recreational or entertainment events.
1. Allowable within all nonresidential zoning districts� and
2. Maximum of seven davs qer propertv, per calendar vear.
M. Temporarv relocation tents or mobile homes for displaced persons
9
1. Allowable within all zoning districts;
2. Maximum of 18 months unless a greater time is authorized bv Resolution of the
City Council; and
3. Upon determination bv the Citv Council that a particular neiqhborhood or area
constitutes a disaster area, nonpermanent facilities for displaces shall be allowed
provided thev rneet the followinq requirements:
a. All residential tents or mobile homes shall have facilities connected to citv
utilities for water and sanitary sewer, unless such services are not
reasonably available: and
b. Adequate provisions shall be made for solid waste manaqement in
compliance with citv ordinances and policies, unless such services are
not reasonablv available.
N. Temporary real estate sales office or model home.
1. Allowable within all zoning districts;
2. Maximum of 24 months per development; and
3. The office or required accessorv uses shall not be equipped or used as a
dwellinq.
O. Temporary retail sales and displays.
1. Allowable within the C, T and D Districts;
2. Allowable four times per propertv, per calendar vear, but for no lonqer than seven
days per occurrence; and
3. Individual occurrences may not be consecutive, and must be separated bv at
least one day.
Section 5. That Article 4, Development Review and Other Procedures, Division 2,
General Procedures, Section 4-202, Applications for development approval, Community
Development Code, be, and the same is hereby amended to read as follows:
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A. All applications for development approval shall include the followinq information in
addition to the information that the Community Development Coordinator mav qenerally
require unless waived or modified by the Community Development Coordinator:
1. An application with plans and relevant support materials (the number to be
established by the Community Development Coordinator).
2. Data Sheet.
3. Written responses (or narrative) explaining how compliance with the General
A�plicabilitv Criteria and applicable Flexibility Criteria is beinq achieved by the
development proposal.
4. Affidavit to Authorize Aqent/Representative.
t�t
5. If the application would result in the removal or relocation of mobile home owners
residing in a mobile home park as provided in F.S. � 723.083, the application
must provide information sufficient to show that adequate mobile home parks or
other suitable facilities exist for the relocation of the mobile home owners. Mobile
home owners shall be defined as those persons who own their coach but rent a
lot space within the subiect propertv and are subiect to the provisions and
protections provided for in F.S. Ch. 723. The application shall include the
followinq information:
a. The total number of mobile homes in the park that are owned by mobile
home owners; and
b. Monthly rent charged for each space occupied by a mobile home owner;
and
c. A list of the names and mailing addresses of the qresent mobile home
owners within the subject property. This list should identify those units
that are suitable for movinq and for which only vacant replacement lots
will be identified; and
d. Household profile for each owner-occupied mobile home within the park,
including number of adults, number of children, and whether pets have
been allowed in the park. Replacement units identified should be suitable
for similar household profiles; and
e. A list of other mobile home parks or other suitable facilities with vacant
units available at the time of application that are of a similar cost profile to
which owners residing in the subject propertv could reasonablv expect to
relocate. This list will include at a minimum name and address of the
park, park contact name and phone number, the number of vacant
spaces available and the cost of those spaces, park quidelines on aqe
and condition of acceptable units, number of rental units available and the
cost of those rentals. All parks or other suitable facilities must be located
.,�+h�.. ., +.,., .,-,�1., ..,.J����. ..� +h.. .�.��h�....i .. .,.+.. .,...J �. .. +L.l, �.
vv�u ni i a ici ri�inc i auiu� v� u ic ouu�c�.i yi vj�c��Y ai iu oci vc u�c �ai i ic ayc,
household, and occupancv profiles as the subiect property.
f. Any other information that the applicant deems necessarv to demonstrate
: . -- - - tt�u� �:��:u�a.� mdhile h�*�s�- �x f',U�-�� other suitable facilities exist for the
relocation of the mobile home owners.
Section 6. That Article 4, Development Review and Other Procedures, Division 2,
General Procedures, Section 4-205, Business tax receipt, Community Development Code, be,
and the same is hereby amended to read as follows:
* * * * * * * * * *
C. If the Business Tax Receipt is for a home occupation, then an executed affidavit must be
submitted in which the business owner(s):
1. Aqree to comply with all standards contained in Article 3, Division 2 and anv
other conditions of the home occupation that mav be established in authorizinq
same;
2. Recoqnize the need to renew the requisite business tax receipt annually or as
mav otherwise be required;
3. Acknowledqe that any departure from the conditions authorizinq the use shall be
grounds for the revocation of the applicable business tax receipt� and
4. Agree to permit reasonable inspection of the premises of the home occupation to
ensure compliance with the conditions thereof.
15
Section 7. That Article 4, Development Review and Other Procedures, Division 6,
Level Three Approvals, Section 4-602, Zoning Atlas Amendments, Community Development
Code, be, and the same is hereby amended to read as follows:
* * * * * * * * * *
B. Application/initiation requirements. An application for an amendment of the Zoning Atlas
of the city may be initiated by the city ser�iss+e� council, the community development
coordinator, the community development board
or bv the owner of the property or his
representative which is the subiect of the amendment. Proposed Zoning Atlas
amendment applications shall include such information as is applicable in Section 4-
202.A and the fee required by Section 4-202.€F.
* * * * * * * * * *
Section 8. That Article 4, Development Review and Other Procedures, Division 6,
Level Three Approvals, Section 4-606, Development Agreements, Community Development
Code, be, and the same is hereby amended to read as follows:
Section 4-606. Development agreements.
* * * * * * * * * *
B. Application requirements. In addition to the basic information required by Section 4-
202{�4-}.A and the fee required by Section 4-202{€-�.F an application for approval of a
development agreement shall be accompanied by:
* * * * * * * * * *
{A� �ection 9. Th�t Art�cle 4, Deve��,��ry�.;� f���4�..��=,���'=•�thr€�r�..�-:��.��_��-, Division 11,
Landscaping Plan, Section 4-1102, Plan Requirements, Community Development Code, be,
and the same is hereby amended to read as follows:
,�—An application for development approval for which landscaping is required by Article 3,
Division 12 or by any other provision of this Development Code shall be accompanied by
a landscape plan which includes whatever information the Community Development
Coordinator may qenerally require unless waived or modified bv the Communitv
Development Coordinator �"��'"� °hnll inrli�r7c 4ho f�lln��iinn infr�rmr+iinn if r�n4 n4hcn�iico
. . . . . . . �
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prni inrl c���rf �.��� ^n�f—e,�,�.��,^}��. 4h�t m�v infli i��� n�rnnn_ccq
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+ 11 r�r��iirlc crnl rlrn��iinr� ch��uin� #ho finichcr�l clo�i�4inn nf �ll
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�xyyev^,�ii_ti +t.:S���+�.`.�.a�`.'v�.��:,+c�,.�nrr.mr.nr�ior) h�r 4F�o nrer»rar nf fk:o_�LA�r�rd����.�> ,. . . � � ,, � -:'�:..�;` ,` ,,.,,�;}..,�.3':::._ .
. �yR3 �^..`^�ey��.>�.'eifY�` .
Section 10. That Article 6, Nonconforming provisions, Section 6-101,
Purpose/applicability, Community Development Code, be, and the same is hereby amended to
read as follows:
Section 6-101. Purpose
. Within the
zoning districts established in Article 2, there exist lots, structures, uses of land and structures,
and characteristics of use, which were lawful before the passaqe of said Article 2, but are now
prohibited, requlated or restricted. While nonconformities may continue, it is not the intent of
this development code to encouraqe their continuation, but instead to bring nonconforming
properties into compliance with the provisions of this code in conjunction with a change of use,
redevetopment, or any other change of condition of the property in order to eliminate the
nonconformity or to bring the nonconformity as practical as possible to a conforming status.
l7
Section 11. That Article 6, Nonconforming provisions, Section 6-102, Nonconforming
structures, Community Development Code, be, and the same is hereby amended to read as
fol lows:
Section 6-102. Nonconforming structures.
A. Except as otherwise provided in this development code, a nonconforming structure may
be used for any purpose permitted in the zoning district in which it is located.
B. Normal repair and maintenance, such as painting, cleaning� ror+lnnomon+ and repairing
of same nonconformity may be performed on nonconforming structures. However,
nonconforminq structures shall be made to fully comply with the provisions of this Code,
provided the cost of repair of any structure or improvement at any time exceeds 50
percent of the assessed value of the entire structure. Assessed value shall be
determined by reference to the official property tax assessment rolls for the vear the
structure or site improvement is destroved or damaqed.
. ,
.�mn,���T� 4h��nv�.'��� C7tt�}�'��6tF6Cft7F�-�Ki'i"-FFi r�f 4he I�nrl
BC. A nonconforming structure : shall not be altered, enlarqed or changed
in anv way that increases its nonconformitv. Any structure or site improvement may,
however, be altered to decrease its nonconformity.
..����.... .+�.+.�+�F.n ♦ho fi i+�iro i�oo r�.f +L�c e�4r�infi�rc� ohnll ho rolr��irorl in hc hrni�nh# in+n
�D. Any part of a nonconforming structure which is destroyed or damaged to the extent of
.,,,... ,.�: _�. ;>-, . �i��:; �F�u�d F�J ��r-,��-t �r h���= ��sessed value of-the en4ire-strt�ct�a�°e rr��r be r�pa���-� �: ,.: :.�� .�..., _
restored if a complete and legally sufficient application for all required permits to repair �.
or restore the damage is submitted within six months of the date of the damage. Any
nonconforming structure which is destroyed or damaged to 50 percent or more of the
assessed value may be repaired or restored only if the structure conforms to the
standards of this development code for the zoning district in which it is located.
Assessed value shall be determined by reference to the official property tax assessment
rolls for the year the structure is destroyed or damaged. The extent of damage or
destruction shall be determined by the building official by comparing the estimated cost
of repairs or restoration with the assessed value.
E. Should a nonconforminq structure be moved for any reason, for any distance
whatsoever, it shall thereafter conform to the applicable requirements of this Code.
Should anv portion of any structure be removed for anv reason, it shall not be replaced,
except in conformitv to the applicable requirements of this Code.
Section 12. That Article 6, Nonconforming provisions, Section 6-103, Nonconforming
uses, Community Development Code, be, and the same is hereby amended to read as follows:
Section 6-103. Nonconforming uses.
1s
A. Nonconforming uses of land or structures,
, may be maintained only in accordance with the provisions of this
section.
B. Nonconforming uses of land or structures shall not be expanded or extended to occupv
a qreater area of land or structure than was occupied at the time it became
nonconforminq, but normal repair and maintenance may be performed to allow the
continuation of the nonconforming use. In addition, no nonconforming use shall be
moved, in whole or in part, to any other portion of the lot, parcel or structure occupied bv
such use at the time it became nonconforminq.
C. Except as provided in Section 6-109, a nonconforming use shall not be changed to any
other use unless the new use conforms to the standards of the zoning district in which it
is located. Once a nonconforming use is changed to a conforming use, the
nonconforming use shall not be re-established.
D. In the event a nonconforming use of land or structures is discontinued or abandoned for
a consecutive period of 180 days, then the use shall not
thereafter be re-established or resumed and any subsequent use of the land or structure
shall conform to all of the requirements of this Development Code.
E. In the event a structure in which a nonconforming use is located is destroyed or
damaged to the extent of less than 50 percent of the assessed value of such structure,
the nonconforming use may be re-established if a complete and legally sufficient
application for all required permits to repair or restore is submitted within six months of
the date of the damage. In the event a structure in which a nonconforming use is located
is destroyed or damaged to 50 percent or more of the assessed value, these structures
may be repaired or restored only if the structure and the use conforms to the standards
of this development code for the zoning district in which it is located, except that a
nonconforming owner-occupied single-family detached dwelling unit may be
reconstructed within the associated structure's original setbacks through a Level 1
/..�.7..'..,.��.�. ♦.�r�iJ.�r.J\ nrn�.nl n�000 A no c..-1 L��. h.�ll h� i-1 +�.rmir�.�.r! h Fc.r�.�nn
���ni ii�i iu��i �ia�iva�u� aj���vva� j�i v�.ca�. r-�oog��cu vaiuc si�an vc uc�ci��ni icu vy i c�c�ci wc
to the official property tax assessment rolls for the year the structure is destroyed or
damaged. The extent of damage or destruction shall be determined by the building
� of#icia[ ��y. c�;r�:;:a��,� �<<:,•-c�'ie��atAd c,�?`�:�+� .�x,��.:.-�:��;�r restoratiQn with the assesse� -�
value.
F. In the event a nonconforming use is damaged or destroyed to the extent that the cost of
repair or replacement of the fixtures and/or inventory used in the business equals 50
percent of the value of the fixtures and inventory at the time of such damage or
destruction, the use may not be re-established except in compliance with all
requirements of this Development Code.
Section 13. That Article 6, Nonconforming provisions, Section 6-106, Nonconforming
lots, Community Development Code, be, and the same is hereby amended to read as follows:
Section 6-106. Nonconforming lots.
A. No principal use or structure shall be established on a r°°�,��; lot of record unless the
lot conforms vv+�#to the lot area and lot width requirements in this Development Code for
the zoning district in which it is located, except in accordance with the provisions of this
section.
B. A principal use or structure may be established on a residential lot of record that was
leqallv in existence prior to March 8, 1999 even though the lot is nonconforming with the
19
lot area and lot width requirements in this development code for the zoning district in
which it is located, provided that a Level One minimum standard) approval is obtained.
A level one (flexible standard) approval shall be required only if required setbacks
cannot be met. The applicant for a level one (flexible standard) approval shall
demonstrates the following:
1. The lot was a lawfully created lot. If the lot was created before 1982, then it is
automatically considered to be lawful. If the lot was created after 1982, to be a
lawfully created lot, it must have been created by an approved plat in accordance
with the City Code; and
2. Upon adoption of this development code, the lot is not held in common
ownership with any abutting land which, in combination with the lot in question,
would create a building site meeting the lot area and lot width requirements of the
zoning district; or
3. The lot has not been previously developed in combination with an adjacent lot;
and
4. If the lot is proposed for a detached dwelling, the dwelling is developed in
conformity with the other development standards of the zoning district in which it
is located .
Section 14. That Article 6, Nonconforming Provisions, Section 6-107.A., Community
Development Code, be, and the same is hereby amended to read as follows:
A. No nonconforming accessory use or accessory structure shall continue after the
principal use or structure is terminated by abandonment, damage, or destruction unless
such accessory use or accessory structure conforms to the standards for the zoning
district in which it is located as a principle use.
* * * * * * * * * *
��.- � Section:15. ih�t ArticlE 8, Cefin3���°� .�'°,�_S„��.=ct�,�ons��.�:^_��n�n 8-102,
Definitions, Community Development Code, be, and the same is hereby amended to read as
follows:
* * * * * * * * * *
Temporary refail sales and displays means any nonpermanent sales or displays which are of
the same product and must be related with the permanent or principal use of property as a retail
sales and services business/use. ,Q�s-�sed i�k�^���'^�€,^,TEe�'° +ho 4orm ��4omr�nr�r�� ro+-���
��
, , �
* * * * * * * * * *
Section 16. Amendments to the Community 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 17. 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.
20
Section 18. 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 19. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 20. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form: Attest:
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
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