7449-05
MOTION TO AMEND ORDINANCE NO.7 449-05 ON SECOND READING
On page 21, amend the ordinance as follows:
In paragraph 5 change (COB) to (CBD). Paragraph 5 is amended to read as
follows:
5. For parcels located within an area desiQnated Central Business District
(CBD) or Community Redevelopment District (CRD) on the Countywide
Future Land Use Plan map or parcels Qoverned 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 from within the plan area or district
in which the site is located
J.1/d
Pamela K. Akin
City Attorney
December 15
,2005
,
"
ORDINANCE NO.7 449-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT
CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS,
SECTION 2-102, BY DECREASING MINIMUM SIDE AND REAR
SETBACK REQUIREMENTS; AND AMENDING ARTICLE 2,
ZONING DISTRICTS, SECTION 2-201.1, BY INCREASING THE
MAXIMUM FLOOR AREA RATIO AND THE IMPERVIOUS
SURFACE RATIO; AND AMENDING ARTICLE 2, ZONING
DISTRICTS, SECTION 2-202, BY DECREASING THE MINIMUM
REAR SETBACK REQUIREMENTS; AND AMENDING ARTICLE
2, ZONING DISTRICTS, SECTION 2-301.1, BY ADDING
LANGUAGE COMPLIANT TO THE COUNTYWIDE RULES; AND
AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-504.A,
ATTACHED DWELLINGS, BY QUALIFYING WHERE BUILDING
HEIGHT MAY EXCEED 80 FEET; AND AMENDING ARTICLE 2,
ZONING DISTRICTS, SECTION 2-504.F, RESIDENTIAL INFILL
PROJECTS, BY QUALIFYING WHERE BUILDING HEIGHT MAY
EXCEED 80 FEET; AND AMENDING ARTICLE 2, ZONING
DISTRICTS, SECTION 2-703, BY REVISING DIMENSIONAL
STANDARDS FOR INDOOR RECREATION/ENTERTAINMENT,
OFFICES, .AND RETAIL SALES AND SERVICES; AND
AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-704,
BY ADDING INDOOR RECREATION/ENTERTAINMENT AS A
PERMITTED USE, AND AMENDING DIMENSIONAL
REQUIREMENTS FOR OFFICES AND RETAIL SALES AND
SERVICES; AND AMENDING ARTICLE 2, ZONING DISTRICTS,
SECTION 2-1004, BY ADDING FLEXIBILITY CRITERIA FOR SIDE
AND REAR SETBACK REDUCTIONS FOR OFFICE USES; AND
AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1302,
MINIMUM STANDARD DEVELOPMENT, BY ADDING
ACCESSORY OUTDOOR STORAGE AS A MINIMUM STANDARD
DEVELOPMENT USE; AND AMENDING ARTICLE 2, ZONING
DISTRICTS, SECTION 2-1303, FLEXIBLE STANDARD
DEVELOPMENT, BY REVISING OUTDOOR STORAGE
DIMENSIONAL REQUIREMENTS; AND AMENDING ARTICLE 2,
ZONING DISTRICTS, SECTION 2-1303.F, BY REVISING
FLEXIBILITY CRITERIA; AND AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, SECTION 3-502.A, DOWNTOWN,
BY . REFERENCING THE NEW DOWNTOWN REDEVELOPMENT
PLAN AND DESIGN GUIDELINES; AND AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, SECTION 3-902,
COMPREHENSIVE PLAN DENSITIES/INTENSITIES, BY ADDING
A PROVISION REQUIRING A RECORDED DOCUMENT TO
EVIDENCE THE USE OF DENSITY/INTENSITY AVERAGING,
1
Ordinance No, 7449-05
ADDING GUIDELINES FOR MIXED USE CALCULATIONS AND
SUBMERGED LAND; AND AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, NEW SECTION 3-919,
AFFORDABLE HOUSING PARKING REQUIREMENTS, BY
REDUCING THE REQUIRED PARKING PER UNIT; AND
AMENDING ARTICLE 3, DEVELOPMENT STANDARDS,
SECTION 3-1102.A.10, PROVIDING HOME OCCUPATIONS
STANDARDS LANGUAGE COMPLIANT TO STATE LAW; AND
AMENDING ARTICLE 3, DEVELOPMENT STANDARDS,
SECTION 3-1402, PROVIDING AMENDED DESIGN STANDARDS
FOR PARKING LOTS AND PROVIDING STANDARDS FOR
PARKING GARAGES; AND AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, SECTION 3-1502.C.3,
PROPERTY MAINTENANCE REQUIREMENTS, CLARIFYING
MAINTENANCE PROVISIONS FOR WINDOWS AND RELATED
WINDOW FEATURES; AND AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, SECTION 3-1503, NUISANCES,
CLARIFYING THAT UNSIGHTLY ACCUMULATION INCLUDES
THE PLACEMENT OF TRASH, DEBRIS OR OTHER ITEMS; BY
REVISING AND CLARIFYING PROVISIONS RELATED TO
ABANDONED VEHICLES; BY SPECIFYING THAT WEEDS,
SHRUBS, VEGETATION, AND TRASH CANNOT EXTEND OVER
PRIVATE ACCESSWAYS AND ROADWAYS; AND AMENDING
ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1506,
EXCEPTIONS, BY CORRECTING A CODE SECTION
REFERENCE; AND AMENDING ARTICLE 3, DEVELOPMENT
STANDARDS, SECTION 3-1508.D.6, NOISE, BY CLARIFYING
ZONING DISTRICTS LOCATION; AND AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, SECTION 3-2103.B, BY ADDING
A PROVISION RESTRICTING THE LOCATION OF SEASONAL
SALES TO PERMANENT BUSINESSES SELLING THE SAME
PRODUCT; AND AMENDING ARTICLE 4, DEVELOPMENT
REVIEW AND 'OTHER PROCEDURES, SECTION 4-202, BY
CLARIFYING TREE SURVEY AND TREE INVENTORY
REQUIREMENTS, AND CLARIFYING THE COMPLETENESS
DETERMINATION TIMEFRAME; AND AMENDING ARTICLE 4,
DEVELOPMENT REVIEW AND OTHER PROCEDURES,
SECTION 4-206.C.3, BY CLARIFYING THE STATE STATUTE
SPECIFIED ADVERTISING REQUIREMENT; AND AMENDING
ARTICLE 4, DEVELOPMENT REVIEW AND OTHER
PROCEDURES, SECTION 4-206.E, AMENDING THE NOTICE
REQUIREMENT FOR CONTINUANCES; AND AMENDING
ARTICLE 4, DEVELOPMENT REVIEW AND OTHER
PROCEDURES, SECTION 4-303, BY CHANGING THE
TIMEFRAME FROM ONE TO TWO YEARS FOR CERTIFICATE
OF OCCUPANCY ISSUANCE; AND AMENDING ARTICLE 4,
2
Ordinance No. 7449-05
DEVELOPMENT REVIEW AND OTHER PROCEDUHES,
SECTION 4-604.B.2, ANNEXATION, TO REFERENCE ANY NEW
CONSTRUCTION; AND AMENDING ARTICLE 4, DEVELOPMENT
REVIEW AND OTHER PROCEDURES, SECTION 4-1202.A. BY
PROVIDING ADDITIONAL CLARIFICATION REGARDING TREE
PRESERVATION PLAN REQUIREMENTS; AND AMENDING
ARTICLE 4, DEVELOPMENT REVIEW AND OTHER
PROCEDURES, SECTION 4-1402.5, BY ELIMINATING THE 20%
LIMIT FOR TRANSFER OF DEVELOPMENT RIGHTS IN THE
CENTRAL BUSINESS DISTRICT AND FOR NEW OVERNIGHT
ACCOMMODATIONS ON CLEARWATER BEACH; AND
AMENDING ARTICLE 8, DEFINITIONS AND RULES OF
CONSTRUCTION, SECTION 8-102, BY REVISING THE
DEFINITIONS OF HEIGHT AND MEDICAL CLINIC; AND
AMENDING ZONING DISTRICT TABLES 2-104, 203, 204, 303,
304,402,403,502,503,504,802, AND 803 TO INCREASE THE
MINIMUM PARKING REQUIREMENT FOR ATTACHED
DWELLINGS FROM 1.5 SPACES TO 2 SPACES PER UNIT; AND
AMENDING APPENDIX A, SCHEDULE OF FEES, RATES AND
CHARGES, V. BUILDINGS AND BUILDING REGULATIONS, TO
AMEND THE FEE SCHEDULE TO REMOVE A DUPLICATE FEE
CATEGORY, AND TO ESTABLISH A TEMPORARY USE PERMIT
FEE; 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 has determined where the Community
Development Code needs clarification and revision, and
WHEREAS, the City of Clearwater desires for the Community
Development Code to function effectively and equitably throughout the City, now
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Article 2, Zoning Districts, Low Density Residential District
("LDR"), Section 2-102, Minimum standard development, is amended as follows:
3
Ordinance No. 7449"05
"
***********
The following uses are Level One permitted uses in the LDR District subject to
the minimum standards set out in this Section and other applicable provisions of
Article 3.
Table 2,102. "LDR" District Minimum Development
Use Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street
(Sq. ft.) (ft.) (ft. ) Parkinq
Front Side Rear
Community 10,000 100 25 104-& 202& 30 2/unit
Residential
Homes (6 or
fewer
residents)
Detached 20,000 100 25 104-& 202& 30 2/unit
Dwellinqs
***********
Section 2. Article 2, Zoning Districts, Low Density Residential District
("LDR"), Section 2-102, Minimum standard development, is amended by
amending the illustrative graphic for the Low Density Residential District is
amended by revising the side yard setback for detached dwellings and accessory
structures from 15 feet to 1 0 feet.
Section 3. Article 2, Zoning Districts, Low Medium Density Residential
District ("LMDR"), Section 2-201.1, Maximum development potential, is amended
as follows:
***********
Countywide Future Land Maximum Dwelling Units Maximum Floor Area
Use Designation per Acre of Land Ratio/Impervious
Surface Ratio
Residential Low FAR .40 .,dQ/lSR .65.eo
Residential Urban FAR .40/lSR.65
***********
Section 4. Article 2, Zoning Districts, Low Medium Density Residential
District ("LMDR"), Section 2-202, Minimum standard development, Detached
dwellings, is amended as follows:
***********
The following uses are Level One permitted uses in the LMDR District subject to
the minimum standards set out in this section and other applicable provisions of
Article 3.
4
Ordinance No. 7449-05
Table 2-202. "LMDR" District Minimum Standard Develooment
Use Min. Lot Size Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street
(sq. ft.) (ft.) (ft.) Parking
Front Side Rear(1 )
Community 5,000 50 25 5 .1Q.4-a 30 2!unit
Residential
Homes (up to
6 residents)
Detached 5,000 50 25 5 .1Q.4-a 30 2!unit
Dwellinas
***********
Section 5. Article 2, Zoning Districts, Low Medium Density Residential
District ("LMDR"), Section 2-202, Minimum standard development, Detached
dwellings, is amended by amending the illustrative diagram for the Low Medium
Density Residential District by revising the rear yard setback for detached
dwellings (single family) and accessory structures from 15 feet to 10 feet.
Section 6. Article 2, Zoning Districts, Medium Density Residential
District ("MDR"), Section 2-301.1, Maximum development potential, is amended
as follows:
***********
Countywide Future Land Maximum Dwelling Units Maximum Floor Area
Use Designation per Acre of Land Ratiollmpervious
Surface Ratio
Residential Urban 7.5 dwelling units per FAR .40!ISR .65
acre
Residential Low Medium 10 dwelling units per FAR .501lSR .75
acre
Residential Medium 15 dwelling units per FAR .501lSR .75
acre
Residential! Office 15 dwellina units oer FAR .501lSR .75
General , acre
***********
Section 7. Article 2, Zoning Districts, High Density Residential District
("HDR"), Section 2-504.A.2, Flexible development, Attached dwellings, is
amended as follows:
***********
2. Height:
a. The increased height results in an improved site plan, landscaping areas in
excess of the minimum required and/or improved design and appearance;
5
Ordinance No. 7449-05
",
b. The increased height will not reduce the vertical component of the view from a
parcel of land which is designated as low density residential in the Zoning Atlas.
c. The height may exceed 80 feet if the parcel proposed for development fronts
on Clearwater Bay, Old Tampa Bay. or is only separated from Clearwater Bay or
Old Tampa Bay by a public open space.
***********
Section 8. Article 2, Zoning Districts, High Density Residential District
("HDR"), Section 2-504.F.7, Flexible development, Residential infill projects, is
amended as follows:
***********
Flexibility in regard to lot width, required setbacks, height and off-street parking
are justified by the benefits to community character and the immediate vicinity of
the parcel proposed for development and the City of Clearwater as a whole.
Building height, may only exceed 80 feet, however, if the parcel proposed for
development fronts on Clearwater Bay. Old Tampa Bay. or is only separated
from Clearwater Bay or Old Tampa Bay by a public open space.
Section 9. Article 2, Zoning Districts, Commercial District ('C"), Section
2-703, Flexible standard development, is amended as follows:
Section 2-703. Flexible standard development.
The following uses are Level One permitted uses in the "C" District subject to the
standards and criteria set out in this Section and other applicable provisions of
Article 3.
Table 2-703. "C" District Flexible Standard Development Standard
Use Min. Lot Area Min. Lot Width Max. Height Min. Front Min. Side (ft.) Min. Rear (ft.) Min. Off-Street
(sq. ft.) (ft.) (ft.) (ft.)* Parking
Spaces
Accessory n/a n/a n/a n/a n/a n/a 1 space per
DwellinQs unit
Adult Uses 5,000 50 25 25 10 20 5 per 1,000
GFA
Alcoholic 10,000 100 25 25 10 20 5 per 1,000
Beverage GFA
Sales
Automobile 10,000 100 25 25 10 20 5/1,000 SF
Service GFA
Stations
Educational 40,000 200 25 25 10 20 1 per 2
Facilities students
Governmental 10,000 100 25-50 25 10 20 4 spaces per
Uses(1 ) 1,000 GFA
6
Ordinance No. 7449-05
Indoor -W,QOO 400 25 25 10 20 3--5/1000 SF
Recreation/En 5,000--10,000 50--1 00 GFA or 3--
~tertainment 5/lane, 1--
2/court or
1/machine
Medical 10,000 100 25 25 10 20 2--3/1,000
Clinics . GFA
Nightclubs 10,000 100 25 25 10 20 10 per 1,000
GFA
Offices -W,QOO 400 25--50 25 0--10 10--20 3--4 spaces
5000-10000 50--100 per 1,000 GFA
Off-Street 10,000 100 n/a 25 10 20 n/a
ParkinQ
Outdoor Retail 20,000 100 25 25 10 20 10 per 1,000
Sales, Display of land area
and/or
Storace
Overnight 20,000-- 150--200 25--50 25 0--10 10--20 1 per unit
Accommodati 40,000
ons
Places of 20,000-~ 100--200 25--50 25 10 20 .5-1 per 2
Worship(2) 40,000 seats
Public n/a n/a 10 n/a n/a n/a n/a
Transportation
Facilities(3)
Restaurants 5,000--10,000 50--1 00 25--35 25 0--10 10--20 7--15 spaces
per 1,000 GFA
Retail Sales 3,500 10,000 J5 100 25-35 25 0--10 10--20 4--5 spaces
and Services 5000-10 000 50--1 00 per 1,000 GFA
Social and 3,500--10,000 35--100 25--35 25 0--1 0 10--20 4--5 spaces
Community per 1,000 GFA
Centers
Utility/lnfrastru n/a n/a 20 25 10 20 n/a
cture
Facilities(4)
Vehicle 20,000-- 150--200 25 25 10 20 2.5 spaces per
SaleslDisplays 40,000 1,000 of lot
sales area
Veterinary 10,000 100 25 25 10 20 4 spaces per
Offices or 1,000 GFA
Animal
Grooming and
Boardina
***********
Section 10. Article 2, Zoning Districts, Section 2-704, Commercial
District ('C"), Flexible development, is amended as follows:
Section 2-704. Flexible development.
The following uses are Level Two permitted uses in the "C" District subject to the
standards and criteria set out in this section and other applicable provisions of
Article 3.
7
Ordinance No. 7449-05
Table 2-704. "C" District Flexible Development Standards
Use Min. Lot Area Min. Lot Width Max. Height Min. Front (ft.) Min. Side (ft.) Min. Rear (ft.) Min. Off-Street
(SQ. ft.) (ft.) (ft.) Parkina
Alcoholic 5,000--10,000 50--100 25 15--25 0--10 10--20 5 per 1,000
Beverage GFA
Sales
Comprehensiv n/a n/a n/a n/a n/a n/a Determined by
e Infill the community
Redevelopme development
nt Project(1) coordinator
based on the
specific use
and/or ITE
Manual
standards
Indoor 3.500--10.000 30--1 00 25--50 15-25 0--10 10--20 3--5/1000 SF
Recreation/En GFA or 3-
-tertainment 5/Iane.1--
2/court or
1/machine
Light 5,000--10,000 50--1 00 25 15-25 0--10 10--20 4--5 spaces
Assemblv per 1,000 GFA
Limited 5,000-~1 0,000 50--1 00 25 15-25 0-10 10--20 4--5 spaces
Vehicle per 1,000 GFA
Service
Marina 5,000--20,000 50 25 25 10 20 1 space per 2
Facilities slips
Mixed Use 5,000--10,000 50--1 00 25--50 15-25 0-10 10--20 4--5 spaces
per 1,000 GFA
Nightclubs 5,000--10,000 50--1 00 25 15-25 0--10 10--20 10 per 1,000
GFA
Offices 5,000 10,000 50 100 25--50 15-25 0-10 10--20 3--4 spaces
3.500--10000 30--1 00 per 1,000 GFA
Off-Street 10,000 100 n/a 15-25 0-10 10--20 n/a
Parkina
Outdoor 20,000 100 25 15-25 10 10--20 1--10 per
Recreation/En 1,000 SQ FT
tertainment of land area or
as determined
by the
community
development
coordinator
based on ITE
Manual
standards
Overnight 20,000-- 100--200 25--50 15-25 0--10 10--20 1 per unit
Accommodati 40,000
ons
Problematic 5,000 50 25 15-25 10 10--20 5 spaces per
Uses 1,000 SF GFA
Restaurants 3,500--10,000 35--1 00 25-50 15-25 0-10 10--20 7 --15 spaces
per 1,000 GFA
Retail Sales 5,000 10,000 50 100 25-50 15-25 0-10 10--20 4--5 spaces
and Services 3 500--1 0 000 30-100 per 1,000 GFA
RV Parks 40,000 200 25 15-25 20 10--20 1 space per
RV space
Self Storage 20,000 100 25 15-25 10 10--20 1 per 20 units
plus 2 for
manager's
office
8
Ordinance No. 7449-05
Social/Public 5,000--10,000 50--1 00 25--50 15--25 0--10 10--20 3--4 spaces
Service per 1,000 GFA
Agencies(2)
Telecommunic 10,000 100 Refer to 25 10 20 n/a
ation Towers section 3-2001
Vehicle 10,000-- 100--200 25 15--25 10 10--20 .. 2.5 spaces per
Sales/Displays 40,000 1,000 sa FT
of lot area
Veterinary 5,000--10,000 50--100 25 15--25 0--1 0 10--20 4 spaces per
Offices or 1,000 GFA
Grooming and
BoardinQ
(1) Any use approved for a Comprehensive Infill Redevelopment
Project shall be permitted by the underlying Future Land Use Plan
Map designation.
(2) Social/public service agencies shall not exceed five acres.
***********
***********
Section 11. Article 2, Zoning Districts, Office District ("0"), Section 2-
1 004.F, Offices, is amended as follows:
***********
1. Height:
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 adjacent residential property;
2. Sign~ -;- No sign of any kind is designed or located so that any portion of the
sign is more than six feet above the finished grade of the front lot line of the
parcel proposed for development unless such signage is a part of an
approved comprehensive sign program.
3. Off-street parking: The physical characteristics of a proposed building 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-generating
purposes.
4. Front setback: The reduction in front setback results in an improved site plan
or improved design and appearance.
5. Side and rear setbacks:
a. The reduction in side and/or rear setback does not prevent access to the
rear of any buildina for emeraencv access:
9
Ordinance No. 7449-05
b. The reduction in side and/or rear setback results in an improved site plan,
more efficient parkino or improved desion and appearance and landscapino in
excess of the minimum reauired.
***********
Section 12. Article 2, Zoning Districts, Industrial, Research and
Technology District ("IRT"), Section 2-1302, Minimum standard development, is
amended as follows:
Section 2-1302. Minimum standard development.
The following uses are Level One permitted uses in the Industrial Research and
Technology IIRT" District subject to the minimum standards set out in this section
and other applicable provisions of Article 3.
Table 2-1302. "IRT" District Minimum Standard Development
Uses Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street
(sq. ft.) (ft.) Parking
Front Side/ Rear
Accessory 5,000 50 20 15 50 1/unit
Dwellings
Governmental 20,000 200 20 15 50 3/1,000 SF GFA
Uses(1 )
Manufacturing 20,000 200 20 15 50 1.5/1,000 SF
GFA
Offices 20,000 200 20 15 50 3/1,000 SF GFA
Outdoor Storaoe n/a n/a n/a n/a n/a n/a
( accessorvuse)
(2)
Parks and n/a n/a 25 10/20 50 1 per 20,000 SF
Recreation land area or as
Facilities determined by
the community
development
coordinator
based on the ITE
Manual
standards
Research and 20,000 200 20 15 50 2/1,000 SF GFA
Technoloov
Self Storage 20,000 200 20 15 50 1 per 20 units
plus 2 for
manaoer's office
TV/Radio 20,000 200 20 15 50 4/1000 SF GFA
Studios
Vehicle Service 20,000 200 20 15 50 1.5/1,000 SF
GFA
Wholesale/Distri 20,000 200 20 15 50 1.5/1,000 SF
bution/ GFA
Warehouse
Facility
10
Ordinance No. 7449-05
(1) Government uses shall not exceed five acres. Any such use, alone
or when added to contiguous like uses which exceed five acres
shall require a land use plan map amendment to Institutional which
shall include such uses and all contiguous like uses.
(Ord. No. 6526-00, 9 1, 6-15-00; Ord. No. 6680-01, 94,4-5-01)
***********
(2) Outdoor storage within the required front yard setback shall be
prohibited. Such outdoor storage areas shall be limited to not more
than thirty (30) percent of the subiect lot or parcel and shall be
completely screened from view from all adiacent residential zoned
properties and/or public rights-of-way by a solid wall/fence six (6)
feet in height. Items stored within outdoor storage areas shall not
exceed six (6) feet in height and/or shall not be otherwise visible
from adiacent residentially zoned property and/or public rights-of-
way.
Section 13. Article 2, Zoning Districts, Industrial, Research and
Technology District ("IRT"), Section 2-1303, Flexible standard development, is
amended as follows:
Section 2-1303. Flexible standard development.
Table 2-1303. "IRT" Flexible Standard Development
The following uses are Level One permitted uses in the IRT District subject to the
standards and criteria set out in this Section and other applicable provisions of
Article 3.
Table 2-1303. "IRT" District Flexible Standard Development
Uses Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street
(sa. ft.) (ft.) ParkinQ
Front. Side/ Rear
Automobile 20,000 100 20 15 30 4/1000 SF GFA
Service Stations
Major Vehicle 20,000 100 20 15 30 4/1000 SF GFA
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 GFA
11
Ordinance No. 7449-05
Outdoor 40,000 200 20 15 30 1--10/1,000 SF
Recreation/Enter Land Area or as
tainment determined by
the community
development
coordinator
based on ITE
Manual
standards
Outdoor Storage I\ccessory PrIa 20 15 30 Accessory
1 0 000 100 3/1 000 SF GFA
Parkinq Lots 10,000 100 20 15 n/a n/a
Public Facilities 10,000 100 20 15 50 1--2 per 1,000
GFA
Public n/a n/a n/a n/a 10 n/a
Transportation
F acilities(1)
Research and 10,000 100 20 15 50 2/1,000 SF GFA
Technoloav
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 1 per 20--25
units plus 2 for
.. manaqer's office
TV/Radio 10,000 100 20 15 50 4/1000 SF GFA
Studios
Utilityllnfrastruct n/a n/a 20 15 n/a n/a
ure Facilities(3)
Vehicle 40,000 200 20 15 30 1.5/1,000 SF Lot
SaleslDisplays Sales Area
and Major
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 GFA
Offices or Animal
Groominq
WholesalelDistri 10,000 100 20 15 50 1.5/1,000 SF
butionlWarehous GFA
e Facility
Section 14. Article 2, Zoning Districts, Section 2-1303.F, Flexible
Standard development, is amended as follows:
F. Outdoor storage.
1. The use is accessory to a principal permitted use and complies \Nith
all the setbacks applicable to the principal use;
12
Ordinance No. 7449-05
2. The use is screened from vie'A' from the public right of way and
adjacent residentially zoned property.
1. Outdoor storaae within the required front yard setback shall be
prohibited.
2. All outdoor storaae areas shall be completelv screened from view
from all adiacent residential zoned properties and/or public riqhts-
of-way bv a solid wall/fence six (6) feet in heiqht.
3. Items stored within outdoor storaqe areas shall not exceed six (6)
feet in heiqht and/or shall not be otherwise visible from adiacent
residentiallv zoned property and/or public riqhts-of-wav.
***********
Section 15. Article 3, Development Standards, Section 3-502.,
Downtown, is amended as follows:
***********
A. The aDesian gGuidelines for development in the Clearwater
Downtown District Redevelopment Plan. as adopted on February 4.2004 and as
subsequentlv amended. are hereby incorporated by reference. The Desian
Guidelines applv to all properties within the Clearwater Downtown
Redevelopment Plan Area reqardless of Zoninq District.
***********
Section 16. Article 3, Development Standards, Section 3-902,
Comprehensive plan densities/intensities, is amended as follows:
***********
D. Anv proiect utilizinq density/intensity averaqinq shall require written
evidence of the averaaina in a document to be recorded in the public records
with the Clerk of the Circuit Court for Pinellas County and a record COpy of same
shall be filed with the City and with Pinellas Plannina Council (PPC).
Q. ~ 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.
(Ord. No. 6526-00, S 1, 6-15-00; Ord. No. 6928-02, S 47, 5-2-02)
F. Mixed Use. A mixed use determination will allow for nonresidential
and residential land use to occur on the same lot. An application for a mixed use
development shall state the nonresidential Gross Floor Area (GFA) and the
number of proposed residential dwellina units. . The application shall also provide
the land area needed to support each land use based on the Future Land Use
13
Ordinance No. 7449-05
Plan classification. The combined land area needed to support the residential
and nonresidential land use components shall not exceed the total existinq land
area.
G. Submerqed Lands. The area of submerqed lands cannot be used
in calculatinq allowable density.
Section 17. Article 3, Development Standards, is amended as follows:
DIVISION 9. GENERAL APPLICABILITY STANDARDS
Section 3-919. Affordable housing parking reauirements.
The minimum off-street parkinq requirement for affordable housinq units. as
defined by the City of Clearwater Economic Development & Housinq
Department. may be reduced to one (1) parkinq space per unit in any zoninq
district where residential uses are permitted.
Section 18. Article 3, Development Standards, Section 3-11 02.A.1 0,
Standards, is amended as follows:
10. No home occupation shall involve the provision of day care services to
more than few: five children at anyone time or as otherwise permitted by Florida
Statutes.
Section 19. Article 3, Development Standards, Section 3-1402. Design
standards for parking lots and parkinq qaraqes:
***********
A.
***********
Remove existing graphic and replace with the following graphic.
14
Ordinance No. 7449-05
Off-street parkinq spaces
A B C D E F
0 8.0 8.0 12.0 23.0 28.0
45 9.0 19.5 13.0 12.7 52.0
50 9.0 20.0 14.0 11.7 54.0
60 9.0 20.5 18.0 10.4 59.0
70 9.0 20.0 19.0 9.6 59.0
80 9.0 19.5 24.0 9.1 63.0
90 9.0 18.0 24.0 9.0 60.0
A PARKING ANGLE (DEGREES)
B STALL WIDTH (FEET)
C STALL TO CURB (FEET)
D AISLE WIDTH (FEET)
E CURB LENGTH (FEET)
F . MIN. OVERALL DOUBLE ROW WITH AISLE BETWEEN (FEET)
***********
1. Structural supports located in parkinq qaraqes shall not encroach into the
required area of a parkinq space. Structural supports shall be located in a
manner to provide maximum vehicular maneuverabilitv and shall not obstruct
passenqer inqress and eqress.
Section 20. Article 3, Development Standards, Section 3-1502.C.3,
Property maintenance standards, is amended as follows:
3. Ground level wWindows facing a public right of way shall be maintained in an
unbroken, and clean state. No windows f-acing 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 window detailing
comparable with any upper floors and the building facade in general. All
damaged or broken windows shall be promptly restored, repaired or replaced. All
awnings. screens or canopies facing or visible from the public right-of-way or any
15
Ordinance No. 7449-05
other parcel shall be maintained in a good and attractive condition and torn,
loose and/or bleached awnings. screens or canopies shall be promptly replaced,
repaired or removed.
Section 21. Article 3, Development Standards, Section 3-1503.8.5,
Nuisances, is amended as follows:
5. Accumulation and placement of nuisances.
~ Any accumulation of weeds, debris, trash, garden trash, junk, untended
growth of vegetation, or undergrowth of dead or living vegetation or
hazardous swimming pools, or hazardous trees upon any private property,
or on any public property without authorization 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.
~ The placement of trash. debris or other items on public property without
authorization.
Section 22. Article 3, Development Standards, Section 3-1503.8.6,
Nuisances, is amended as follows:
6. Except as provided in section 3-1506, the outdoor storage of all or part of any
dismantled, partially dismantled, inoperative or discarded vehicle, recreational
vehicle, machinery, appliance, farm equipment, aircraft, construction
equipment, boat, personal watercraft, trailer, truck, motorcycle, bicycle, or
scrap metal, on any public or private property. or of any abandoned vehicle,
recreational vehicle. farm equipment. aircraft. boat. personal watercraft.
trailer. truck. or motorcvcle on any private property. within the city limits. This
provision shall not apply to any vehicle, recreational vehicle, machinery, farm
equipment, aircraft, construction equipment, boat, personal watercraft, trailer,
truck, motorcycle, or bicycle which is located on the premises of a lawfully
established storage yard or which is on the premises of a lawfully established
vehicle service establishment and is in the process of repair or maintenance
by that establishment.
Section 23. Article 3, Development Standards, Section 3-1503.8.8,
Nuisances, is amended as follows:
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 weeds, shrubs, vegetation,
trash, or any other accumulation extend over the sidewalk, bicycle path,
curbline or edge of pavement of an improved right-of-way or private
accesswav orroadwav by more than four inches.
16
Ordinance No. 7449-05
Section 24. Article 3, Development Standards, Section 3-1506,
Exceptions, is amended as follows:
The provisions of section 3-1505~, relating to weeds, undergrowth or similar
plant material shall not apply to the following:
***********
Section 25. Article 3, Development Standards, Section 3-1508.0.6,
Noise, is amended as follows:
6. Religious worship activities occurring on or in the premises owned or leased
by places of worship that are lawfully located in the Commercial. Downtown ,
Office. or Institutional Districts, including but not limited to bells and organs;
Section 26. Article 3, Development Standards, Section 3-21 03.B,
Standards, is amended as follows:
B. The following additional requirements shall apply for specified temporary
uses:
***********
~ Seasonal sales. A 1000 foot separation shall be reauired between a
seasonal business and any permanent business whose primary business
is sellina the same product as the seasonal business. The 1000 feet shall
be measured from property line to property line.
Section 27. Article 4, Development Review and Other Procedures,
Section 4-202.A.9.f, Applications for development approval, is amended as
follows:
f. A tree survey showing the location. DBH (diameter at breast heiaht). and
species of all existing trees located on the parcel proposed for
development with a DBH of four inches or more and identifyina those trees
proposed to be removed.
Section 28. Article 4, Development Review and Other Procedures,
Section 4-202.A.11, Applications for development approval, is amended as
follows:
***********
z. Tree inventory. prepared by a certified arborist. of all trees four inches
DBH or more reflectina the size. canopy. and condition of such trees.
17
Ordinance No. 7449-05
'.
Section 29. Article 4, Development Review and Other Procedures,
Section 4-202.A.12, Applications for development approval, is amended as
follows:
***********
f. Tree inventory, prepared by a certified arborist, of all trees eight inches
DBH or more reflecting the size, canopy, ::md condition of such trees.
Section 30. Article 4, Development Review and Other Procedures,
Section 4-202.C.1 Applications for development approval, is amended as follows:
1. Determination of completeness. Within seven working days after receipt
of an application for development approval the published application
deadline, the community development coordinator shall determine
whether an application is complete.
Section 31. Article 4, Development Review and Other Procedures,
Section 4-206.C.3, Notices and public hearings, is amended as follows:
3. Unless otherwise required by Florida Statutes, all required notices shall be
provided at least 15 but not more than 15 days in advance of the public
hearing. Where an advertisina reauirement is set forth in Florida Statutes.
notices shall be provided in accordance with that reauirement. Where no
advertisina reauirement is set forth in Florida Statutes, all required notices
shall be provided at least -is 1Q but not more than 45 days in advance of
the public hearing.
Section 32. Article 4, Development Review and Other Procedures,
Section 4-206.E, Notices and public hearings, is amended as follows:
E. Continuances. A hearing may be continued to a specified date, time and
place -; ; in this case, the date, time and place of the rescheduled hearing must be
announced prior to or at the conclusion of the advertised hearing. The city clerk
shall cause notioe to be given to all persons originally entitled to notice, of the
date, time and plaoe of suoh oontinued hearing no less than seven days prior to
such hearing and in the manner as specified in sections 4 206(C)(2)(b), (c) and
tat Additional notice shall not be reauired for hearinas which have action
deferred in this manner for a period of 45 days or less. Renotification for any
subseauently scheduled public hearina dates shall be reauired for hearinas
which have action deferred for a period of more than 45 days, in accordance with
the reauirements contained in Section 4-206C(2)(b), (c) and (d). A hearina may
also be continued to a date uncertain: in this case. renotification for any
subseauently scheduled public hearina dates shall be reauired in accordance
with the reauirements contained in Section 4-206C.
18
Ordinance No. 7449-05
Section 33. Article 4, Development Review and Other Procedures,
Section 4-303, Effect of Level One (flexible standard development) approval, is
amended as follows:
A level one (flexible standard development) approval authorizes only the
particular use approved and entitles the recipient to apply for a building permit or
any other permit required by this development code, the city or regional, state or
federal agencies. Such approval shall be evidenced by a written development
order issued by the Community Development Coordinator and shall be effective
upon the date the development order is issued. Unless otherwise specified in the
Level One (flexible standard development) approval, an application for a building
permit shall be made within one (1) year of the date of the Level One (flexible
standard development) approval, and all required certificates of occupancy shall
be obtained within one (1) two (2) year~ of the date of issuance of the initial
building permit. Permitted time frames do not change with successive owners
and an extension of time may be granted by the Community Development
Coordinator for a period not to exceed one (1) year and only within the original
period of validity. The Community Development Coordinator may approve an
additional extension of time not to exceed one year for good cause shown and
documented in writing. The coordinator must receive the request for this
extension within the one-year period of validity after the original time extension.
Good causes may include, but are not limited to, an unexpected national crisis
(acts of war, significant downturn in the national economy, etc.), excessive
weather-related delays, and the like. The Community Development Coordinator
may also consider whether significant progress on the project is being made and
whether or not there are pending or approved Code amendments which would
significantly affect the project. In the event a project is governed by a
development agreement, the timeframes established in the agreement shall
supercede these requirements.
*********
Section 34. Article 4, Development Review and Other Procedures,
Section 4-604.8.2, Annexation, is amended as follows:
2. If development is to be initiated prior to the effective date of the
annexation ::1nd ')o'haro Guch de'.'elopment iG for a use other th:m ::1
detached dwelling, then requisite site plans, plats, and engineering
plans shall be submitted together with the petition or agreement to
annex.
19
Ordinance No. 7449-05
Section 35. Article 4, Development Review and Other Procedures,
Section 4-1202.A Removal permit - Application, is amended as follows:
**********
A. Requirements for multi-family and oommorO:31 3nd all non-residential
properties, and subdivisions.
1. A site plan showing the location of all protected trees and
palms by size, canopy and species, distinguishing the tree or
trees proposed to be removed, the scaled location of
proposed tree barricades, existing and proposed structures,
walks, driveways, and parking areas and other
improvements.
2. A tree inventory, prepared by a certified arborist. of all trees
four inches DBH and qreater specifvinq the size, canopy,
and condition of such trees.
~. 3. A tree preservation plan ^ plan is prepared by a certified
arborist, consulting arborist, landscape architect, or other
specialist in the field of arboriculture-specifying how each
tree is to be protected and how site development impacts the
critical root zones (drip lines) and how to address these
impacts, i.e. crown elevatinq, root pruninq and/or root
aeration systems. The tree preservation plan must show the
tree barricade limits (2/3 of the drip line and in the root prune
lines. if any), and the tree barricade detail and other
pertinent tree preservation information. the method to be
utilized to preserve all remaining trees including thoir root
systems, and the means of providing water and nutrients to
such root systems such as root pruning, applying fungicides,
tree barricades, etc.
~ 4. A topographical survey of the property, if the change in
elevation of the grade is greater than five feet or if the
property is one acre or more in area.
4,. 5. Justification of tree removal.
Section 36. Article 4, Development Review and Other Procedures,
Section 4-1402.5 Allocated development rights are freely transferable, is
amended as follows:
20
Ordinance No. 7449-05
5. For parcels located within an area designated Central Business
District (CBD) or Community Redevelopment District (CRD) on the
CountY'Hide Future Land Use Plan map or parcels gO'.'erned by
approved redevelopment or special area plans, a site may only
receive densitylintensity transferred from within the CBD, CRD,
redevelopment plan area or special area plan district, and may not
exceed the othervvise applioable maximum density/intensity by 20
percont provided that the governing plan makes specific provisions
for the use of transfer of development rights.
5. For parcels located within an area desianated Central Business District
(COB) or Community Redevelopment District (CRD) on the Countywide
Future Land Use Plan map or parcels aoverned bvapproved
redevelopment or special area plans. a site may onlv receive
density/intensity transferred from within the COB. CRD. redevelopment
plan area or special area plan district from within the plan area or district in
which the site is located.
a. For parcels receivina transferred density/intensity. the maximum
applicable density/intensity may be exceeded pursuant to
provisions set forth in such applicable special area plan or
redevelopment plan.
b. In the event such applicable special area plan or redevelopment
plan does not specify the amount of density/intensity that can be
received. the maximum permitted development potential shall not
be exceeded bv more than 20 percent.
c. For parcels beina developed with overniaht accommodation uses
on Clearwater Beach that are within the area aovernedbv Beach
bv Desian. there shall be no limit on the amount of density that can
be received for the overniaht accommodation uses provided that
the proiect complies with all applicable code provisions and desian
auidelines.
d. For mixed use proiects located on Clearwater Beach and aoverned
bv Beach bv Desian that include overniaht accommodation uses.
the 20 percent limitation specified in Section 4-1402.5.b above shall
applv to the components of the proiect that do not include overniaht
accommodation uses.
**********
Section 37. Article 8. Definitions and Rules of Construction, Section 8-
102, Definitions, is amended as follows:
21
Ordinance No. 7449-05
Height, building or structure, means for buildings, the vertical
distance from the mean elevation of the existing grade to the
highest finished roof surface in the case of a building with a flat
roof, or the vertical distance from the existing grade to a point
representing the midpoint of the peak and eave heights of the main
roof structure of the roof of a building having a pitched roof. For
other structures, the vertical distance from existing grade to the
highest point of the structure above such existing grade. Where
minimum floor elevations in flood prone areas have been
established by law, the building height may be measured as though
the required minimum floor elevations constitute existing grade. In
addition, (1) linear radio and television antennas shall be permitted
to project ten feet higher than the maximum height otherwise
specified for the zoning district within which the antenna is located.
Parabolic and other geometrically shaped antenna shall not be
permitted this height increase. (2) Flagpoles located on top of
buildings shall be permitted to project ten feet higher than the
maximum height otherwise specified for the zoning district assigned
to the property. (3) Elevator equipment rooms and like mechanical
equipment enclosures shall be permitted to project up to 16 feet
higher than the maximum height otherwise specified for the zoning
district assigned to the property. (4) Parapet walls constructed on
buildings with flat roofs shall be permitted to extend not higher than
W 42 inches over the maximum height specified for the zoning
district in which the building is located. (5) Structures permanentlv
affixed to the roof that accommodate rooftop occupancy shall onlv
be permitted if within the maximum allowable heiqht.
**********
Medical clinic means an establishment where patients, who are not lodged
overnight, are admitted for examination and treatment by one person two or
group of more persons practicing any health services to individuals, whether
such persons be medical doctors, chiropractors, psychologists, social workers,
physical therapists, dentists or any such profession, the practice of which is
lawful in the state and in the city. This definition does not include a place for the
treatment of animals.
**********
22
Ordinance No. 7449-05
. r,
Section 38. Article 2. Minimum Off-Street Parking for Attached
Dwellings, is revised by amending Table 2-104. "LOR" District Flexible
Development Standards, Table 2-203. "LMDR" District Flexible Standard
Development, Table 2-204. "LMDR" District Flexible Development, Table 2-303.
"MDR" District Flexible Standard Development, Table 2-304. "MDR" District
Flexible Development, Table 4-402. "MHDR" Minimum Standard Development,
Table 2-403. "MHDR" Flexible Standard Development, Table 2-404. "MHDR"
Flexible Development, Table 2-502. "HDR" Minimum Standard Development,
Table 2-503. "HDR" Flexible Standard Development, Table 2-504. "HDR" Flexible
Development Standards, Table 2-802. "T" District Flexible Standard
Development Standards, and Table 2-803. "T" Flexible Development Standards
by increasing the Minimum Off-Street Parking requirement from 1.5 per unit to 2
per unit for Attached Dwellings.
**********
Section 39. Appendix A. Schedule of Fees, Rates and Charges, V.
Buildings and Building Regulations, (2) Fee schedule, is amended as follows:
**********
7. Zoning verific3tion letter, per letter. . . . . 11.00
g..,. 7. Project research, per hour (not to exceed eight hours
without commission approval) . . . . . 26.00
Section 40. Appendix A. Schedule of Fees, Rates and Charges, VIII.
Land Development, (1) Level One, is amended as follows:
**********
ill Temporary use permit for seasonal sales. . . . . 250.00
Section 41. 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 42. 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.
23
Ordinance No. 7449-05
t
Section 43. 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 44. Notice of the proposed enactment of this Ordinance has been
properly advertised in a newspaper of general circulation in accordance with
applicable law.
Section 45. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
November 16, 2005
PASSED ON SECOND AND FINAL
READING AND ADOPTED
December 15, 2005
-~;:~
~nk V. Hibbard
Mayor
Approved as to form:
Attest:
(~ Cynt
-{) City
&uL
--~
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24
Ordinance No. 7449-05