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TA2012-06007; ORD 8349-12 d6003 Case number TA2012- Ordinance No. 8349-12 Agenda Item: F.2 Planner: Robert Tefft, Development Review Manager CDB Meeting Date: July 17, 2012 Case Number: TA2012-06007 Ordinance No.: 8349-12 Agenda Item: F. 2. CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT REQUEST: Amendments to the Community Development Code – Ordinance Number 8349-12 INITIATED BY: City of Clearwater, Planning and Development Department BACKGROUND: The 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 prepared a text amendment to the Community Development Code (CDC) addressing the more straightforward recommendations of the BTF as well as a few amendments proposed by staff. These changes were reviewed by the Community Development Board (CDB) at its meeting of December 20, 2011, at which time the Board recommended the approval of the amendment. City Council passed and adopted the Ordinance on second reading on February 2, 2012. Staff is now proposing a second text amendment to address further recommendations of the BTF or that would otherwise assist in fulfilling their goals, as well as additional items proposed by staff. ANALYSIS: Proposed Ordinance No. 8349-12 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 are being initiated by staff. The following is a discussion of the proposed amendments based upon the recommendations of the BTF: Opportunity #2 18. Accessory use for overnight accommodations for mid-priced hotels (not destination resorts): Allow 20% of gross floor area as accessory use before additional parking is required or amend definition of "accessory use" to exclude required floor area pursuant to hotel franchise agreements such as gift shops, business centers, fitness centers, supporting restaurants and meeting space. Community Development Board – July 17, 2012 TA2012-06006 – Page 1 Presently, accessory uses to an overnight accommodations use are permitted to occupy a maximum of ten percent of the gross floor area of the development when the application is processed as a Flexible Standard Deveiopment (FLS). This ordinance proposes to increase this maximum to 15 percent [page 16 of OrdinanceJ. When the application is processed as a Flexible Development (FLD), accessory uses are currently permitted to occupy between ten and 15 percent of the gross floor area, but only when additional parking is provided for that portion exceeding ten percent. This ordinance would increase these figures from ten percent to 15 percent, and from 15 percent to 20 percent[page 21 of OrdinanceJ. While the proposed changes are not exactly what was recommended by the BTF in their final report and referenced above, this is consistent with the direction given to staff by City Council. O� ortunitv #3 4. When a tenant of a multi-tenant property requires a Level 2 approval, do not require that the entire multi-tenant property be brought through the development review process as a result of the tenant. Staff has taken two different approaches to address this recommendation. The first approach is to establish the use of Retail Plazas [pages 4, 7-8, 10-11, 13, 1 S, 17, 19, 22-24, and 41 of OrdinanceJ in the Commercial (C), Tourist (T), and Downtown (D) Districts. Retail Plazas specifically address the multi-tenant building/property aspect of the recommendation and will provide for flexibility or "interchangeability" between specific uses of multi-tenant buildings/properties. This interchangeability would not require the submittal of any Level One or Level Two application in order to change the use of a tenant space from/to any of the following uses: Governmental, Indoor Recreation/Entertainment, Office, Restaurant, Retail Sales and Service, and Social/Community Center. Other uses, such as: Bars, Medical Clinics, Nightclubs, and Places of Worship may also be incorporated into Retail Plazas subject to their approval through the applicable Level One or Level Two approval process and meeting their respective flexibility criteria. Retail Plazas will be permissible through the Minimum Standard, FLS, and FLD tiers in the C District; the FLS and FLD tiers in the T District; and the FLS tier in the D District. The second approach taken by staff is based upon the acknowledgement that changes of use may be proposed whereby conformance with all of the applicable general and specific requirements set forth in Article 2 may not be applicable or appropriate. In such a situation, staff has proposed parameters based upon the differences in development standards between the existing and proposed uses whereby the change of use may be permitted as a Level One (minimum standard) provided that the site is brought into compliance to the greatest extent practicable with the parking and landscape standard set forth in Article 3 [pages 39-41 of OrdinanceJ. The following amendments, while not specifically recommended by the BTF, are in keeping with the goals of the BTF to provide for a more streamlined and efficient process, and are being initiated by staf£ 1. Accessory Dwellings[pages I5, 27 and 28 of OrdinanceJ In the O District, Accessory Dwellings are presently allowed in the FLS and FLD tiers; however the development standards and flexibility criteria do not differ between the two Community Development Board—July 17,2012 TA2012-06006—Page 2 tiers. Therefore, this Ordinance will delete Accessory Dwellings from the FLD tier. In addition, this use is also permitted in the T District in the FLS tier. However, while the CDC sets forth development standards for the use, it does not set forth flexibility criteria. This Ordinance will establish those flexibility criteria. 2. Mixed Use�pages 7-9, 11, 14, 19, 23-24 and 28 of OrdinanceJ In an effort to encourage the development of mixed use projects, the proposed Ordinance expands Mixed Use into the Minimum Standard and FLS tiers of the C District. In the FLS tier of the T District, flexibility is provided for the minimum lot area development standard consistent with what is already allowed in the FLD tier. These changes may also have the effect of enabling some applications to be processed administratively and therefore allow new development or changes of use to occur quicker than at present. The off-street parking requirement for the use is also changed to be consistent across each of the Districts in which the use is permissible (C, T, D and O). 3. Nightclubs, Taverns and Bars [pages 3-4, 7, 9, 11-I5, 19-20, 23-24, 33-34 and 41 of OrdinanceJ The Bars aspect of this use will be split off into its own use type, but will retain the same development standaxds and application processes as the use would currently have in the CDC. The purpose of this split is to make required advertisements of these uses easier to understand as Nightclubs and Bars can have diverse impacts on a surrounding area. The proposed Ordinance adopts a definition for the Bars use, as well as adopting a revised definition for Nightclubs. 4. Offices, Restaurants, and Retail Sales and Services [pages 8, 14-I5, and 26 of OrdinanceJ In an effort to process more applications administratively and thereby allow new development or changes of use to occur more expeditiously than at present, the Ordinance will reduce the minimum lot area and lot width requirements within the FLS tiers for the Office, Restaurant, and Retail Sales and Services uses within the C and T Districts to resemble their FLD counterparts. In addition, the ma�cimum height allowance will be increased in the C District, and the front setback reduced in the T District in the same manner. In the O District, the minimum lot area, lot width, front and rear setbacks will be reduced and the maximum height increased for the Offices use to resemble its FLD counterpart. 5. Residential Shelters[pages 4, 6 and 29-30 of OrdinanceJ Residential Shelters are presently permissible in the FLD tier of the MHDR District;however this use will be deleted from the district as the use has been determined to be inconsistent and inappropriate for the district. Residential Shelters are also permissible in the FLS tier of the Institutional (I) District. The use will be retained in this appropriate district; however the flexibility criteria for the use will be amended to correct a scrivener's error and to add a criterion that the parcel not be located within the Clearwater powntown Redevelopment Plan area. 6. Self Storage[pages 34 and 35 of OrdinanceJ The Self Storage use is presently permissible within the FLS and FLD tiers of the IRT District. While the development standards are different between the two tiers (minimum lot Community Development Board—July 17,2012 TA2012-06006—Page 3 area and maximum height), the FLD tier is more stringent and therefore any request for this use would never elevate to this tier. As such, this Ordinance will delete the use from the FLD tier. 7. Veterinary Offices /Animal Grooming /Animal Boarding�pages 3, 8, 10-13, 24-25, 31- 33 and 41-42 of OrdinanceJ The Veterinary Offices aspect of this use will remain without any changes. However, Animal Grooming will be removed from this use type and relocated into the Retail Sales and Services use, and Animal Boarding will be established by itself. Animal Boarding will continue to be a permissible use in the C (FLD), D (FLD) and IRT (FLS)Districts. 8. Off-Street Parking[pages S, 7-8, I1, 14-1 S, 19, 23-24, 30, 32 and 34 of OrdinanceJ The proposed Ordinance will make several changes to the off-street parking requirements throughout the Code. In the MHDR District, the off-street parking requirements for Assisted Living, Community Residential Homes, Detached Dwellings, and Nursing Homes will be changed to be consistent with the requirements found in other districts. In the C and T Districts the off-street parking requirement for Medical Clinics will be changed to be consistent with the requirement found in other districts. In the C and T Districts the off-street parking requirement for Offices will be reduced from 4 to 3/1,000 square feet of gross floar area. This will be consistent with the current requirement in the D, O and IRT Districts. In the C, T, D and IRT Districts the off-street parking requirement for Restaurants will be reduced from 15 to 12/1,000 square feet of gross floor area with the exception of the D District where the parking will be reduced to 10/1,000. The reductions in off-street parking rates are based upon staff experience with development proposals, as well as comparisons to other municipal codes and ITE parking generation data. 9. Footnotes[pages 8-9, 12, 15, 19, 26, and 31-34 of OrdinanceJ The footnote denoted by an asterisk (*) in the C, O, and IRT Districts is being deleted as it is no longer needed based upon amendments adopted under Ordinance No. 8310-12. In addition to the above, the remaining footnotes in the C District are needed for consistency with the Countywide Plan Rules. In the T District there are two footnotes being added. The first footnote allows the establishment of Restaurant and/or Retail Sales and Services uses on those properties within the boundaries of the Retail and Restaurant District of Beach by Design without the provision of off-street parking. This allowance is based upon language within Beach by Design acknowledging that off-street parking is not envisioned to be provided on each individual development site, but rather within a parking garage for the entire District. The second footnote allows swimming pools/decks that are accessory to an Attached Dwellings, Overnight Accommodations, or Resort Attached Dwellings use on Clearwater Beach to be permitted with a rear setback of zero feet. This is based upon several development applications over the years that ha�e requested such flexibility despite the provision of such an accessory element being widely accepted as a standard for the use, and further that its Community Development Board—July 17,2012 TA2012-06006—Page 4 location at the rear of the development is quite standard as a predominance of the properties would have waterfront access or views. In the IRT District there is one new footnote as well as amendments to two other footnotes. The new footnote, for the new Bars use, occurs in the FLD tier and is needed for consistency with the Countywide Plan Rules, and is consistent with the existing footnote for Nightclubs, which this use was considered a part of previously. The first amendment to the footnotes occurs with footnote (4) in the Minimum Standard tier and adds language that the Office use is not permissible as a Minimum Standard use when located in the Industrial Limited (IL) future land use plan category. This is based upon the following existing flexibility criterion for Offices: The proposed use of the parcel shall be related to the uses permitted in the district and shall include, but not be limited to, office uses related to scientific or industrial research, product development and testing, engineering development and marketing development, corporate offices provided, however, that they do not provide services or uses to the general public on the premises, and such other office uses, including support services, as well as uses which are accessory to and compatible with the permitted uses. Support services for the purposes of this zoning district shall be defined as companies that supply services utilized wholly by other companies located in this zoning district. Given this existing language, it was determined that the Office use should have some level of review to ensure compliance, and thus should not be permissible as a Minimum Standard use. The second amendment to the footnotes occurs with footnote (8) in the FLS tier and simply moves the second sentence of the footnote to the end in order to eliminate potential confusion between the two future land use plan categories referenced. 10. Docks [page 3S of OrdinanceJ The proposed amendment will clarify what has always been standard practice, and what already exists within the County's Water and Navigation Regulations — that only one dock structure is permitted for a single-family or two-family dwellings. The amendment also provides language dealing with the event that two or more properties each already having a dock are combined. 11. Fences and Walls[pages 36-39 of OrdinanceJ There are numerous changes/modifications to the CDC with regard to fences and walls, most of which are minor in nature. These changes axe as follows: Section 3-801. The purpose and applicability statement is amended to delete the exception language pertaining to earth/water retaining walls as these amendments adopt language regarding such. Section 3-804. This Section is amended to clarify the rules regarding the placement of fences/walls. Language pertaining to "setbacks" or "yards" is deleted; thus clarifying that fence heights are relative to the fences/walls location to the principal structure and not Community Development Board—July 17,2012 TA2012-06006—Page 5 relative to its location on the property. The exception provisions provided for corner lots and double frontage lots are also amended to add exceptions for those properties adjacent to arterial/collector rights-of-way. Language is also added regarding the maximum height for retaining walls, and regarding the m�imum height when combining/stacking fences, walls, landscape berms or retaining walls. Section 3-805. This Section is also amended to clarify the rules regarding the placement of fences/walls as discussed previously. The language regarding vacant lots is revised to allow an increase in the maximum height from three feet to six feet. A provision on "Publicly owned landbanked properties" is relocated into this Section from Section 3-807. Section 3-807. This Section is amended to delete the language regarding "Publicly owned landbanked properties" as this language is being relocated into Section 3-805. The language regarding subdivisions is also amended to allow for the installation of a six-foot high fence/wall around the perimeter of a residential subdivision. 12. Tree protection[page 39 of OrdinanceJ The amendment will formally establish an expiration date for tree removal permits at six months from the date of issuance, and allow for extensions to those permits. 13. Temporary Uses [page 39 of OrdinanceJ The amendment will establish a new temporary use, Temporary Buildings During Construction. The purpose for this temporary use is to allow for businesses that are in the midst of renovations to be able to bring temporary buildings onto the site and still be able to function/operate. The amendment also establishes the criteria by which the use is allowed, which includes the criterion that the temporary building is only allowable for the duration of an active building permit and that the building(s) must be removed prior to the issuance of a Certificate of Completion/Occupancy. 14. Definitions �pages 41-42 of OrdinanceJ ■ Animal Grooming or Boarding uses—removes the references to grooming (grooming use being included in the Retail Sales and Services definition). The definition will now only pertain to the use of Animal Boarding. ■ Bars — establishes a definition for the new Bars use that is clearly district from the definition of Nightclubs. One provision for the definition is that seating/tables must account for at least 75% of the total gross floor area of the use. ■ Nightclubs — establishes a definition for the new Nightclubs use that is clearly district from the definition of Bars. ■ Nightclubs, Taverns and Bars—this definition is deleted from the Code. ■ Retail Plazas—establishes a definition for the new Retail Plazas use, which is intended to allow for a building or group of buildings partitioned into separate units and designed for a variety of uses including Governmental, Indoor Recreation/Entertainment, Office, Restaurant, Retail Sales and Services, and Social/Community Center that can be interchanged without the need for a new approval each time the use changes. The definition also allows for Bars, Medical Clinics, Nightclubs, and Places of Worship to be Community Development Board—July 17,2012 TA2012-06006—Page 6 incorporated into Retail Plazas subject to their approval through the applicable Level One or Level Two approval process and meeting ali respective flexibility criteria. ■ Retail Sales and Services — includes Animal Grooming among the uses under the umbrella of Retail Sales and Services. ■ Temporary Buildings During Construction — establishes a definition for the new temporary use that allows for a temporary building to be used to accommodate the principal use of a property when said building is being renovated. ■ Vehicle Sales, Limited — adds the installation of accessories or audio equipment to the uses under the umbrella of Limited Vehicle Sales. 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: 1. 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. These amendments are intended to simplify or clarify various development review processes, and facilitate development activities. As such, the above referenced Policy of the Comprehensive Plan will be furthered. 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 through innovative and creative redevelopment (Section 1-103.B.1., CDC). Community Development Board—July 17,2012 TA2012-06006—Page 7 The amendments proposed by this ordinance will further the above referenced purposes by facilitating the establishment of certain new uses, and changes in use to certain uses in a more expedient manner than currently possible under the Code, and by providing for more readily attainable, more appropriate, and more internally consistent development standards. 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. 8349-12 that amends the o ity Development Code. Prepared by Planning and Development Department Staff: � Robert G. Tefft, Development Review Manager ATTACF�vv1ENT:Ordinance No.8349-12 Community Development Board—July 17,2012 TA2012-06006—Page 8 Robert G.Tefft 100 South Myrtle Avenue Clearwater,FL 33756 (727) 562-4539 robert.tefftnu,mvclearwater.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 Cleanvater, Cleanvater, 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 presentations to various City Boards. ■ 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. 8349-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIQA MAKING AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS, CHART 2-100 PERMITTED USES, TO ADD BARS AND RETAIL PLAZAS AS PERMITTED USES, AND TO RESTATE THE NIGHTCLUBS, TAVERNS AND BARS USE AS NIGHTCLUBS AND RESTATE THE ANIMAL GROOMING AND OR BOARDING USE AS ANIMAL BOARDING, AND TO DELETE THE RESIDENTIAL SHELTERS USE FROM THE MEDIUM HIGH DENSITY RESIDENTIAL (MHDR) DISTRICT; AMENDING ARTICLE 2, ZONING DISTRICTS, DIVISION 4, MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT (MHDR), TO MODIFY CERTAIN OFF-STREET PARKING REQUIREMENTS AND TO DELETE THE RESIDENTIAL SHELTERS USE FROM THE DISTRICT AND DELETE ASSOCIATED FLEXIBILITY CRITERIA; AMENDING ARTICLE 2, ZONING DISTRICTS, DIVISION 7, COMMERCIAL DISTRICT (C), TO DELETE A FOOTNOTE PERTAINING TO SETBACKS FOR PARKING LOTS, ADD A FOOTNOTE PERTAINING TO SCHOOLS, AMEND A FOOTNOTE PERTAINING TO EDUCATIONAL FACILITIES, GOVERNMENTAL USES, MEDICAL CLINICS AND SOCIAL COMMUNITY CENTERS, TO MODIFY VARIOUS DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA, AND TO ESTABLISH DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA FOR BARS, RETAIL PLAZAS, AND ANIMAL BOARDING; AMENDING ARTICLE 2, ZONING DISTRICTS, DIVISION 8, TOURIST DISTRfCT (T), TO DELETE THE DENSITY DEVELOPMENT STANDARD FOR ALL USES, TO MODIFY VARIOUS DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA, AND TO ESTABLISH DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA FOR BARS AND RETAIL PLAZAS, AS WELL AS TO ADD A FOOTNOTE ALLOWING FOR NO PARKING REQUIREMENT FOR CERTAIN USES WITHIN THE RETAIURESTAURANT CHARACTER DISTRICT OF BEACH BY DESIGN, AND A FOOTNOTE ALLOWING A REDUCED SETBACK FOR SWIMMING POOLS/DECKS WHEN ACCESSORY TO ATTACHED DWELLINGS, OVERNIGHT ACCOMMODATIONS OR RESORT ATTACHED DWELLINGS USES; AMENDING ARTICLE 2, ZONING DISTRICTS, DIVISION 9, DOWNTOWN DISTRICT (D), TO MODIFY VARIOUS DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA, AND TO ESTABLISH DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA FOR BARS AND RETAIL PLAZAS; AMENDING ARTICLE 2, ZONING DISTRICTS, DIVISION 10, OFFICE DISTRICT (0), TO DELETE A FOOTNOTE PERTAINING TO SETBACKS FOR PARKING LOTS, AND TO MODIFY VARIOUS DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA; AMENDING ARTICLE 2, ZONING DISTRICTS, DIVISION 12, INSTITUTIONAL DISTRICT (i), TO RESTRICT RESIDENTIAL SHELTERS FROM LOCATING WITHIN THE CLEARWATER DOWNTOWN REDEVELOPMENT PLAN AREA; AMENDING ARTICLE 2, ZONING DISTRICTS, DIVISION 13, INDUSTRIAL RESEARCH AND TECHNOLOGY DISTRICT (IRT), TO DELETE A FOOTNOTE PERTAINING TO SETBACKS FOR PARKING LOTS, TO MODIFY VARIOUS DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA, AND MODIFY FOOTNOTES PERTAINING TO OFFICE, VEHICLE SALES/DISPLAYS, MAJOR VEHICLE SALES/DISPLAYS, AND/OR VEHICLE SERVICE USES, AND TO ESTABLISH DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA FOR ANIMAL BOARDING AND BARS AS WELL AS TO ADD A NEW FOOTNOTE REGARDING BARS; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 6, DOCK/MARINA STANDARDS, TO CLARIFY THAT IN NO EVENT SHALL MORE THAN ONE DOCK STRUCTURE BE LOCATED AT A SINGLE-FAMILY OR TWO-FAMILY DWELLING; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 8, FENCES AND WALLS, TO MODIFY OR ESTABLISH REGULATIONS PERTAINING TO HEIGHT REQUIREMENTS, LANDSCAPING, CORNER AND DOUBLE FRONTAGE LOTS, CHAINLINK FENCES, VACANT LOTS, SUBDIVISIONS, AND RETAINING WALLS; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 12, LANDSCAPING/TREE PROTECTION, SECTION 3-1205, TREE PROTECTION, TO PROVIDE FOR AN EXPIRATION TO TREE REMOVAL PERMITS; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 21, TEMPORARY USES, TO ALLOW FOR A NEW TEMPORARY USE, TEMPORARY BUILDINGS DURING CONSTRUCTION, AND APPROPRIATE REGULATIONS; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, DIVISION 3, PERMITTED USES: LEVEL ONE, TO ALLOW FOR CHANGES OF USE WHEN CONFORMANCE WITH APPLICABLE REQUIREMENTS MAY NOT BE POSSIBLE OR PRACTICABLE; AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, TO AMEND THE DEFINITIONS FOR ANIMAL GROOMING OR BOARDING USES, RETAIL SALES AND SERVICES, AND LIMITED VEHICLE SERVICE, DELETE THE DEFINITION FOR NIGHTCLUBS, TAVERNS AND BARS, AND ADD DEFINITIONS FOR BARS, NIGHTCLUBS, RETAIL PLAZAS, AND TEMPORARY BUILDINGS DURING CONSTRUCTION; 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 WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, Ordinance No.8349-12 Page 2 WHEREAS, the Clearwater Business Task Force was established on April 7, 2011 by the City Council to provide feedback on the current rules and regulations affecting businesses and business development, and WHEREAS, The Clearwater Business Task Force submitted to City Council on August 29, 2011, a final report that consisted of 71 recommendations to change public perceptions about being "business friendly", streamline development application processes, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 2, Zoning Districts, Chart 2-100 Permitted Uses, of the Community Development Code, be, and the same is hereby amended to read as follows: ..... �; � < � --� , � �� - t �.� r.�,�,. : ��.. � � ,. � �:� �� : � � � < � �� ac� � _ � `�, � �� : .�� `� �� ti�► > . ,W, - - � � �� 5, � � � .. �. � � t'�e tia � � . `� �� .�� y _ ..... ... . .,.,. �.. g � +�° �" .. .. >_ .. v...._x...., .v., ...�:F . 5 . : : � � ccesso dwellin s X X X X X X ttached dwellin s X X X X X X X Communi residential homes X X X X X X X X etached dwellin X X X X X X X X Mobile homes }{ obile home arks }� es�dential infill ro'ecu X X X X X X X ,. , .., „_ �� w �� r �a�"�.. � .�l1; .��:�,��, e,,.� �r<rh H .,a . ,,.. .. . . ..... ........_._ , .. dult uses X X i ort X coholic bevera e sales X X X imal boazdin X X X sisted livin facilities X �{ X X utomobile service stations X X Bazs X X X }� Cemeteries X Comprehensive infill redevelopment ro'ect(CIKP) X X X X X X X Con e ate care X X X X Convention center X Educational facilities X X X X Govemmental uses X X X X X X alfwa houses X Hos itals X Indoor recreation/entertainment X X X X Li ht assembl }� anufacturin X Mazinas X arinas and marina facilities X X X X Ordinance No.8349-12 Page 3 edical clinic X X X X ixed use X X X X i htclubs� X X X X on-residential off-street azkin X X X X ursin homes X X X X Offices X X X X X X ff-street arkin X X X O en s ace Outdoor recreation/entertainment X X X X Outdoor retai]sales,display and/or X stor e X vemi t accommodations X X X X X X X X azkin ara es and lots X X X X X X azks and recreation facilities X X X X X X X X X X X X laces of worshi X X X X roblematic uses X ublic facili X X Publishin and rintin X Public Vans ortation facilities X X X X X X X Reseazch and technolo use X Residential shelters � X X esort Attached Dwellin s X Restaurants X X X X X X etail lazas X X X etail sales and services X X X X X X X X V azks X X Salva e ards Schools X X X X X X X X Self-stora e warehouse X X Social and communi centers X X X X SociaU ublic service a encies X X X X elecommunications towers X X X X X TV/radio studios X X Utili /infrastructure facilities X X X X X X X X X X X X X X X Vehicle sales/dis la s X X Vehicle sales/dis la s,limited X X Vehicle sales/dis la s,ma'or X X Vehicle service Vehicle service,limited X Vehicle service,ma or X eterin offices X X X X holesale/distribution/wazehouse X facili Ordinance No.8349-12 Page 4 Section 2. That Article 2, Zoning Districts, Division 4, Medium High Density Residential District (MHDR), Section 2-402, Minimum Standard Development, Table 2-402 "MHDR" Minimum Standard Development, Community Development Code, be, and the same is hereby amended to read as follows: Tab/e 2-402. "MHDR"Minimum Standard Development Use Min. Lot Min. Lot Min. Setbacks(ft.) Max. Height Min. Off-Street Area wdth(ft.) Front Side Rear(1) ��•� Parking (sq. ft.) Attached Dwellings 15,000 150 25 10 15 30 2/unit Communiry Residential 5,000 50 25 10 15 30 �5/+� Homes(6 or fewer residents) 2/unit Detached Dwellings 15,000 150 25 10 15 30 �r�i# 2/unit (1) The Building Code may require the rear setback on a waterfront lot to be at least 18 feet from any seawall. Section 3. That Article 2, Zoning Districts, Division 4, Medium High Density Residential District (MHDR), Section 2-403, Flexible Standard Development, Table 2-403 "MHDR" Flexible Standard Development, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-403. "MHDR"Flexible Standard Development Use Min. Lot Min. Lof Min. Setbacks(ft.) Max. Height Min. Off-Street Area �dth(ft.) Front Side Rear(1) �ft.) Parking (sq. ft.) Assisted Living Facilities 15,000 150 25 10 15 30--�t0 �9A8-sq-�� 1 per 2 residents Attached Dwellings 15,000 150 25 10 10-15 30-50 2/unit Community Residential 5,000 50 15-25 5-10 5-15 30--40 1 per 2 residents Homes(up to 14 residents) Detached Dwellings 5,000— 50— 25 5-10 5-15 30-40 �i� 15,000 150 2/unit Nursing Homes 15,000 150 25 10 15 30-40 '",^� 1 per 2 residents Overnight Accommodations 15,000 150 25 10 15 30-40 1/unit Schools 40,000 200 25 10 15 30-40 1/3 students Utility/Infrastrueture n/a n/a 25 10 15 n/a n/a Facilities(2) (1) The Building Code may require the rear setback on a waterfront lot to be at least 18 feet from any seawall. (2) Utility/Infrastructure uses shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. Section 4. That Article 2, Zonirig Districts, Division 4, Medium High Density Residential District (MHDR), Section 2-404, Flexible Development, Table 2-404 "MHDR" Ordinance No.8349-12 Page 5 Flexible Development, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-404. "MHDR"Flexible Development Use Min. Lot Min. Lot Min. Setbacks(ft.) Max. Height Min. Off-Street Area Wdth(ft.) (ft.) Parking (sq. ft.) Front Side Rear(1) Attached Dwellings 15,000 150 15-25 0-10 10-15 30-50 2/unit Congregate Care 15,000 150 25 10 15 30 1 per 2 residents Non-ResidentialOff-Street n/a n/a 25 5 10 n/a n/a Parking(2) Overnight Accommodations 15,000 150 15-25 0-10 10-15 30 1/unit Parks and recreation n/a n/a 35 20 25 30 land area or�asF facilities determined by the community development coordinator based on the ITE Manual standards Residential Infill Projects(3) n/a n/a 10-25 0-10 0-15 30 2/unit t� •a +•,.i eti�i+e�� a-�a;9gg a-58 �a` �9 -� 38 �-1-;9AA-�€A Section 5. That Article 2, Zoning Districts, Division 4, Medium High Density Residential District (MHDR), Section 2-404, Flexible Development, Community Development Code, be, and the same is hereby amended to read as follows: * * * * * * * * * * Flexibility Criteria: * * * * * * * * * * �. ��c��rlon�i�l oholferc� ��ih �I Icc� nr1 ceni'nc �� y�r�e�aR,--�-crncrv crv i c� � . ' rcc�i�en�ir.l hel4er• .,.........� r Section 6. That Article 2, Zoning Districts, Division 7, Commercial District (C), Section 2-702, Minimum Standard Development, Table 2-702 "C" District Minimum Development Standards, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-702. "C"District Minimum Development Standards Use Min. Lot Min. Lot Max. Height Min. Min. Min. Min. Off-Street Area wdth(ft.) (ft.) Front Side Rear Parking Spaces (sq. ft.) (ft�) (�•) (�•) Ordinance No.8349-12 Page 6 Governmental Uses(1) 10,000 100 25 25 10 20 4/1,000 SF GFA Indoor Recreation/ 10,000 100 25 25 10 20 5/1000 SF GFA or Entertainment 5/lane,2/court or 1/machine Mixed Use 10.000 100 25 25 10 20 Based upon specific use repuirements Offices 10,000 100 25 25 10 2Q 4,�98A--��-6�A 3/1,000 SF GFA Overnight Accommodations 40,000 200 25 25 10 20 1/unit Parks and Recreational n/a n/a 25 25 10 20 1 per 20,000 SF Facilities land area or as determined by the communiry development coordinator based on ITE Manual standards Places of Worship 40,000 200 25 25 10 20 1 per 2 seats Restaurants 10,000 100 25 25 10 20 �3 12/1,000 SF GFA Retail Plazas 15.000 100 25 25 10 20 4/1.000 SF GFA Retail Sales and Services 10,000 100 25 25 10 20 5/1,000 SF GFA Social and Community 10,000 100 25 25 10 2Q 5/1,000 SF GFA Centers Vehicle Sales/Display 40,000 200 25 25 10 20 2.5/1,000 SF Lot Sales Area (1) Governmental 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. Section 7. That Article 2, Zoning Districts, Division 7, Commercial District (C), Section 2-703, Flexible Standard Development, Table 2-703 "C" District Flexible Standard Development Standards, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-703. "C"District Flexible Standard Deve%pment Standards Use Min. Lot Min. Lot Max. Height Min. Min. Min. Min. Off-Street Area �dth(ft.) (ft.) Front Side Rear Parking Spaces (sq: ft) (ft.)' (ft) (ft.) Accessory Dwellings n/a n/a n/a n/a n/a n/a 1 space per unit Adult Uses 5,000 50 25 25 10 20 5 per 1,000 GFA Alcoholic Beverage Sales 10,000 100 25 25 10 20 5 per 1,000 GFA Automobile Service Stations 10,000 100 25 25 10 20 5/1,000 SF GFA Bars 10.000 100 25 25 10 20 10 eer 1.000 GFA Educational Facilities� 40,000 200 25 25 10 20 1 per 2 students Governmental Uses(1) 10,000 100 25-50 25 10 20 4 spaces per 1,000 GFA Ordinance No.8349-12 Page 7 Indoor 5,000— 50-100 25 25 10 20 3-5/1000 SF Recreation/Entertainment 10,000 GFA or 3-5/lane, 1-2/court or 1/machine Medical Clinicsu 10,000 100 25 25 10 20 �35/1,000 GFA Mixed Use 5,000— 50—100 25—50 25 0—10 10—20 Based u�on 10,000 sqecific use requirements Nightclubs 10,000 100 25 25 10 20 10 per 1,000 GFA Offices a;99A 3.500 �A 30—100 25-50 25 0-10 10-20 �—�� —10,000 3/1.00�OeSF GFA Off-Street Parking 10,000 100 n/a 25 ' 10 20 n/a Outdoor Retail Sales, 20,000 100 25 25 10 20 5 per 1,000 SF of Display and/or Storage outdoor display area Overnight Accommodations 20,000— 150-200 25-50 25 0-10 10-20 1 per unit 40,000 Places of Worship(2) 20,000— 100-200 25-50 25 10 20 .5-1 per 2 seats 40,000 Public Transportation n/a n/a 10 n/a n/a n/a n/a Facilities(3) Restaurants 5;988 3.500 �8 30—100 25—�5 50 25 0-10 10-20 7—�5 12 spaces —10,000 per 1,000 GFA Retail Plazas 15.000 100 25—50 25 0-10 10-20 4 spaces per 1.000 GFA Retail Sales and Services ��A9 3,500 �8 30—100 25—�50 25 0-10 10-20 4-5 spaces per —10,000 1,000 GFA Schools� 40,000 200 25 25 0-10 10-20 1 per 3 students Social and Community 3,500— 35-100 25-35 25 0-10 10-20 4-5 spaces per Centers�1,� 10,000 1,000 GFA Utility/Infrastructure n/a n/a 20 25 10 20 n/a Facilities(4) Vehicle Sales/Displays 20,000— 150-200 25 25 10 20 2.5 spaces per 40,000 1,000 of lot sales area Veterinary Offices�al 10,000 100 25 25 10 20 4 spaces per 1,000 GFA * (1) Educational facilities, Governmental uses Medical clinics and Social and communitvi centers 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 Institutionaf which shall include such uses and all contiguous like uses. (2) Places of worship 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. (3) Public transportation facilities shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to Transportation/Utility which Ordinance No.8349-12 Page 8 shall include such uses and all contiguous like uses. (4) Utility/Infrastructure uses shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. � In the Commercial Neiahborhood fCM Commercial Limited (CL) and Commercial General (CG) land use cateqories. Schools shall not exceed five acres Any such use alone or when added to contiquous like uses which exceed five acres shall reauire a land use plan ma�amendment to Institutional which shall include such uses and all conti9uous like uses Section 8. That Article 2, Zoning Districts, Division 7, Commercial District (C), Section 2-703, Flexible Standard Development, Community Development Code, be, and the same is hereby amended to read as follows with subsections re-lettered as appropriate: * * * * * * * * * * Flexibility criteria: * * * * * * * * * * E. Bars. 1. The parcel proposed for development is not contiquous to a parcel of land which is desiqnated as residential in the Zoninq Atlas� 2. The qarcel proposed for development is not located within 500 feet of a parcel of land used for purposes of a place of worship or a public or private school unless the intervernnq land uses, structures or context are such that the location of the stand alone bar is unlikelv to have an adverse impact on such school or use as a place of worship. * * * * * * * * * * J. Mixed use. _ _ °1. Lot area and width: The reduction in lot area and/or width will not result in a buildinq which is out of scale with existing buildinqs in the immediate vicinitv of the parcel proposed for development. 2. Side and rear setback: a._ The reduction in side and/or rear setback does not qrevent access to the rear of anv buildina bv emerpencv vehicles b. The reduction in side and/or rear setback results in an improved site plan more efficient qarkinq, or improved desiqn appearance and landscaped areas are in excess of the minimum reauired 3. The increased heiqht results in an improved site plan landscaping areas in excess of the minimum required or improved desian and apqearance * * * * * * * * * * � K. Offices. 1. Height: a. The increased height results in an improved site plan, landscaping area in excess of the minimum required or improved design and appearance. b. The increased height wil� not reduce the vertical component of the view from any adjacent residential property. 2. Side and rear setback: a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; c. The reduction in side and rear setback does not reduce the amount of landscaped area otherwise required. Ordinance No.8349-12 Page 9 3. Lot area and width: The reduction in lot area and/or width will not result in a buildinq which is out of scale with existinq buildinqs in the immediate vicinitv of the parcel proposed for development. * * * * * * * * * * � N. Outdoor retail sales, display and/or storage. — * * * * * * * * * * 7. The parcel proposed for outdoor storage or display fully conforms to the requirements of Article 3, Division � 12 in regard to landscaping; * * * * * * ** * * T. Retail p/azas. 1. Height: a The increased heiqht results in an improved site plan landscapinq areas in excess of the minimum reauired and/or improved desian and apqearance; b The increased heiqht will not reduce the vertical component of the view from anv adiacent residential propertv. 2. Side and rear setback: a The reduction in side and rear setback does not prevent access to the rear of anv buildinq bv emerqencv vehicles; b The reduction in side and rear setback results in an improved site plan, more efficient parkinq or improved desiqn and appearance; c. The reduction in side and rear setback does not reduce the amount of landscaped area otherwise required. 3 Restaurants within the retail plaza mav occupv up to 25% of the total aross floor area of the retail plaza Anv restaurant or fraction thereof that exceeds 25% must provide off-street parkinq at a rate consistent with the parkinq requirement for the restaurant use in the district. 4 All retail plaza buildinqs includina outparcels must be unified in terms of color. materials and architectural stvle. * * * * * * * * * * �X. Veterinary offices, � * * * * * * * * * * Section 9. That Article 2, Zoning Districts, Division 7, Commercial District (C), Section 2-704, Flexible Development, Table 2-704 "C" District Flexible Development Standards, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-704. "C"District Flexible Development Standards Use Min. Lot Min. Lot Max. Height Min. Min. Min. Min. Off-Street Area �dth (ft.) Front Side Rear Parking (sq. ft) (ft.) (ft�) (ft�) (ft�) Alcoholic Beverage Sales 5,000— 50-100 25 15-25 0-10 10-20 5 per 1,000 GFA 10,000 Animal Boardinp 5,000– 50–100 25 15–25 0–10 10–20 4 spaces per Ordinance No. 8349-12 Page 10 10.000 1,000 GFA Bars 5.000– 50–100 25 15–25 0-10 10–20 10 per 1.000 GFA 10.000 Comprehensive Infill n/a n/a n/a n/a n/a n/a Determined by the Redevelopment Project community development coordinator based on the specific use and/or ITE Manual standards Indoor 3,500— 30-100 25-50 15-25 0-10 10-20 3--5/1000 SF Recreation/Entertainment 10,000 GFA or 3-5/lane, 1-2/court or 1/machine Light Assembly 5,000— 50-100 25 15-25 0-10 10-20 4-5 spaces per 10,000 1,000 GFA Limited Vehicle Service 5,000— 50-100 25 15-25 0-10 10-20 4-5 spaces per 10,000 1,000 GFA Marinas and Marina 5,000— 50 25 25 10 20 1 space per 2 slips Facilities 20,000 Mixed Use 5,000— 50-100 25--50 15-25 0-10 10-20 4--�-spases-�eF 10,000 �� f2SF�2R�-1�R1� Based unon specific use repuiremenfs Nightclubs 5,000— 50-100 25 15--25 0-10 10-20 10 per 1,000 GFA 10,000 Offices 3,500— 30-100 2�50 15-25 0-10 10-20 �--4-spases-peF 10,000 �ggg�,� 3/1.000 SF GFA Off-Street Parking 10,000 100 n/a 15-25 0-10 10-20 n/a Outdoor 20,000 100 25 15-25 10 10-20 1-10 per 1,000 Recreation/Entertainment SQ FT of land area or as determined by the community development coordinator based on ITE Manual standards Overnight Accommodations 20,000— 100-200 25-50 15-25 0-10 10-20 1 per unit 40,000 Problematic Uses 5,000 50 25 15-25 10 10-20 5 spaces per 1,000 SF GFA Restaurants 3,500— 35--100 25-50 15--25 0-10 10-20 7–a-5 12 spaces 10,000 per 1,000 GFA Retail Plazas 15.000 100 25–50 15–25 0-10 10-20 4 spaces per 1,000 GFA Retail Sales and Services 3,500— 30-100 25-50 15-25 0-10 10-20 4-5 spaces per 10,000 1,000 GFA RV Parks 40,000 200 25 15-25 20 10-20 1 space per RV Ordinance No. 8349-12 Page 11 space Schools� 30,000- 100-200 25-50 15-25 0-10 10-20 1 per 3 students 40,000 Self Storage 20,000 100 25 15--25 10 10-20 1 per 20 units plus 2 for manager's office Social/Public Service 5,000— 50-100 25-50 15-25 0-10 10-20 3-4 spaces per Agencies(1) 10,000 1,000 GFA Telecommunication Towers 10,000 100 Refer to 25 10 20 n/a section 3- 2001 Vehicle Sales/Displays 10,000— 100-200 25 15-25 10 10-20 2.5 spaces per 40,000 1,000 SQ FT of lot area Veterinary Offices ef 5,000— 50-100 25 15-25 0-10 10-20 4 spaces per 10,000 1,000 GFA (1) Social/public service agencies shall not exceed five acres. � In the Commercial Neiqhborhood (CN) Commercial Limited (CL) and Commercial General (CG) land use categories Schools shall not exceed five acres Any such use alone or when added to contiquous like uses which exceed five acres shall reauire a land use plan map amendment to Institutional which shall include such uses and all contiquous like uses. Section 10. That Article 2, Zoning Districts, Division 7, Commercial District (C), Section 2-704, Flexible Development, Community Development Code, be, and the same is hereby amended to read as follows with subsections re-lettered as appropriate: * * * * * * * * * * Flexible development. * * * * * * * * * * B. Animal boardinq. 1 The parcel is not contiauous to a parcel of land which is desiqnated as residential in the ZoninclAtlas. 2 The use of the parcel does not involve animal confinement facilities that are open to the outside. 3 Animals mav have supervised outdoor exercise but onlv between 7:00 a.m. - 9�00 p m In no case shall animals be left unsupervised while outdoors. 4 Accessorv boardina facilities shall contain waste control facilities and an air- handling svstem for disinfection and odor control. 5 Lot area and width� The reduction in lot area and width will not result in a buildina which is out of scale with existinq buildings in the immediate vicinitv. 6. Side and rear setback: a The reduction in side and/or rear setback does not prevent access to the rear of anv buildina bv emeraencv vehicles; b The reduction in side and/or rear setback results in an improved site plan, more efficient parkina or improved desiqn and appearance and landscaped areas are in excess of the minimum required. 7 Front setback� The reduction in front setback results in an improved site plan or improved desiqn and appearance. C. Bars. Ordinance No.8349-12 Page 12 1. Location: a. The parcel is not contiquous to a aarcel of land which is desiqnated as residential in the Zoning Atlas� b. The parcel is not located within 500 feet of a parcel of land used for a place of worship or a public or private school unless the intervening land uses, structures or context are such that the location of the stand alone bar is unlikelv to have an adverse impact on such school or use as a place of worship; c. The parcel has frontaqe on an arterial street but will not involve direct access to a maior arterial street� 2. Lot area and width: The reduction in lot area and width will not result in a buildin which is out of scale with existinq buildings in the immediate vicinity of the parcel proposed for development. 3. Front setback: The reduction in front setback results in an improved site plan or improved desiqn and appearance. 4. Side and rear setback: a. The reduction in side and/or rear setback does not prevent access to the rear of anv building bv emergency vehicles� b. The reduction in side and/or rear setback results in an improved site plan more efficient parkin , or improved desiQn and appearance and landscaped areas are in excess of the minimum reauired * * * * * * * * * * Q. Retail p/azas. 1. Heiqht: a. The increased heiqht results in an improved site plan �andscapinq areas _in excess of the minimum reauired and/or improved desiqn and appearance; b. The increased heiqht will not reduce the vertical component of the view from anv adiacent residential propertv. 2. Front setback: The reduction in front setback results in an imqroved site plan or improved desiqn and appearance. 3. Side and rear setback: a. The reduction in side and rear setback does not prevent access to the rear of anv buildinq bv emerqencv vehicles� b. The reduction in side and rear setback results in an improved site plan more efficient parkinq or improved desiqn and appearance� c. The reduction in side and rear setback does not reduce the amount of landscaped area otherwise reauired. 4. Restaurants within the retail plaza mav occupv up to 25% of the total qross floor area of the retail plaza. Anv restaurant or fraction thereof that exceeds 25% must qrovide off-street parkinq at a rate consistent with the parking reauirement for the restaurant use in the district. 5. All retail plaza buildinqs including outparcels must be unified in terms of color materials, and architectural stvle. * * * * * * * * * * t-�Y. Veterinary offices, * * * * * *�* * * * Ordinance No. 8349-12 Page 13 Section 11. That Article 2, Zoning Districts, Division 8, Tourist District (�, Section 2- 802, Table 2-802 "T" District Flexible Standard Development Standards, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-802. "T"District Flexible Sfandard Development Standards Use�'� Min. Lot Min. Lot Max. Min. Setbacks �►si#y Min. Off-Street Area �dth Height�� (ft.)�'� Parking �S4• ft•� �ft�� ft'� Front Side Rear Accessory Dwellings n/a n/a n/a n/a n/a n/a 39 1/unit a�sEas�e Alcoholic Beverage Sales 5,000 50 35 10-15 10 20 �/a 5 per 1,000 GFA Attached DwellingsL 10,000 100 35-50 10-15 10 10-20 39 2 per unit ��+�sFasFe Bars 5,000 50 35 15 10 20 10 per 1,000 GFA Governmental Uses�z� 10,000 100 35-50 10-15 0-10 10-20 +�Fa 3-4/1,000 GFA Indoor 5,000 50 35–�88 0-15 0-10 20 �/a 10 per 1,000 GFA Recreation/Entertainment 50 Medical Clinic 10,000 100 �A 35– 10-15 10 20 �8 �---�5/1,000 GFA 50 Mixed Use 5,000– 50-100 35-50 0-15 0-10 10-20 �A Based upon 10,000 a�+�s/asfe specific use requirements Nightclubs 5,000 50 35 15 10 20 �Na 10 per 1,000 GFA Non-ResidentialOff-Street n/a n/a n/a 25 5 10 flJa n/a Parking Offices 5.000– 50–100 35–50 �A 0– 0-10 10-20 �a �--�spase�pe� 10,000 15 �� 3/1.000 SF GFA Outdoor 5,000 50 35 10-15 10 20 �/a 2.5 spaces per Recreation/Entertainment 1,000 sq.ft. of lot area or as determined by the community development director based on ITE Manual standards Overnight Accommodations 20,0�0 100— 35-50 10-15 0-10 10-20 4A 12 per unit 150 � e Parking Garages and Lots 20,000 100 50 15-25 10 10-20 fl/a n/a Parks and Recreation n/a n/a 50 25 10 20 +�la 1 per 20,000 SF Facilities land area or as determined by the community development coordinator based on ITE Manual standards Public Transportation n/a n/a 10 n/a n/a n/a �{a n/a Facilities�3� Ordinance No.8349-12 Page 14 Resort Attached 10,000 100 35--50 10-15 10 10-20 �9 1.5 per unit Dwellings� �� Restaurants 5,000— 50-100 ��--�'�5 a-9 0– 0-10 10-20 ►�{a 7–�5 12 spaces 10,000 35–50 15 per 1,000 GFA� Retail Plazas 15.000 100 35–50 0-15 0-10 10-20 4 spaces per 1.000 GFA Retail Sales and Services 5,000— 50-100 35–50 a-9 0– 0-10 10-20 r�a 4-5 spaces per 10,000 15 1,000 GFA� Social and Community 5,000— 50-100 35-50 10-15 0-10 10-20 a!a 4-5 spaces per Center 10,000 1,000 GFA Utility/Inftastructure n/a n/a n/a 25 10 10 �►/a n/a Facilities�4� (1) Specific standards for the Old Florida District and the Marina District that supersede the above regulations are set forth in Beach by Design:A Preliminary Design for Clearwater Beach and Design Guidelines. (2) Governmental 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. (3) Public transportation facilities shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (4) Utiliry/infrastructure uses shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. � For those aroperties within the boundaries of the Retail/Restaurant District as established bv Beach bv Design off-street parking shall not be required. � Swimmina qools and/or decks in coniunction with a swimminq pool that are accessory to either an attached dwellinas, ovemiqht accommodations. or resort attached dwellings qrinciqal use on Clearwater Beach are permitted a rear setback of zero feet. Section 12. That Article 2, Zoning Districts, Division 8, Tourist District (T), Section 2- 802, Flexible Standard Development, Community Development Code, be, and the same is hereby amended to read as follows with subsections re-lettered as appropriate: * * * * * * * * * * Flexibility criteria: A. Accessorv dwellinqs. 1. One accessorv dwellinq that is subordinate and accessory to a principal permitted use. 2. Title to the accessorv dwellinq is vested in the ownership of the principal use 3. The floor area of the accessory dwellinq does not exceed 25 percent of the floor area of the principal use. * * * * * * * * * * D. Bars. 1. Location. The parcel proposed for development is not contiquous to a parcel of land which is desiqnated as residential in the Zoninq Atlas� 2. The desiqn of all buildinas complies with the Tourist District desiQn quidelines in Division 5 of Article 3. � * * * * * * * * * * # K. Offices. Ordinance No.8349-12 Page 15 ; ; 1 Lot area and width� The reduction in lot area will not result in a buildinq which is out of scale with existinq buildinas in the immediate vicirntv of the parcel proposed for development; �3 2. The design of all buildings complies with the Tourist District design guidelines in Article 3, Division 5. 43. Setbacks: a. The reduction in front setback contributes to a more active and dynamic streetlife; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; �no e� l+f+he m�nim��w+ ��n��irctL � �ff nfr�nf n�r� r a r r � f M��'�' 6 4. Height: The increased height results in an improved site plan or improved design and appearance. * * * � * * * * * * J4 M. Overnight accommodations. * * * * * * * * * * 10. Accessory uses. * * * * * * * * * * b. The maximum floor area for accessory uses located within the building interior shall be limited to #� 15 percent of the gross floor area of the development; * * * * * * * * * * � R. Restaurants. 1. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; �2. Height: The increased height results in an improved site plan and/or improved design and appearance; 43. Signs: 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 Ordinance No. 8349-12 Page 16 proposed for development unless such signage is a part of an approved comprehensive sign program; �4. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; ��rerl��n4inn ir� c.iiJe .+ni-) rc c}h ��. i-l�oe. } rJ }I.. - -1 i 1-�nrlr�Po� ^�ren ��he�:�iv°v iv°�u rira°>-a� 65. Off-street parking: M.vM v�.,�, a. 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; b. Adequate off-street parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; c. Fast food restaurants shall not be eligible for a reduction in the number of off-street parking spaces. �6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3 * * * � * * * * * * S. Retail p/azas. 1. Heiqht: The increased heiqht results in an improved site plan or improved design and appearance; 2. Setbacks: a. The reduction in front setback contributes to a more active and dvnamic street life; b. The reduction in front setback results in an improved site plan or improved desiqn and appearance: c. The reduction in side and rear setbacks does not prevent access to the rear of anv building bv emergency vehicles: d. The reduction in side and rear setbacks results in an improved site plan more efficient parkinq or improved design and aapearance� e. The reduction in side and rear setbacks does not reduce the amount of landscaped area otherwise reauired. 3. The desiqn of all buildinqs complies with the Tourist District desiqn auidelines in Division 5 of Article 3. 4. Restaurants within the shoppin center mav occupv up to 25% of the total gross floor area of the shoppinq center. Anv restaurant or fraction thereof that exceeds 25% must provide off-street parkinq at a rate consistent with the parkinq requirement for the restaurant use in the district. 5. Atl shoppinct center buildinqs including outbuildings must be unified in terms of color, materials. and architectural stvle. Ordinance No.8349-12 Page 17 Q T. Retail sa/es and services. 1. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; �2. Height: The increased height results in an improved site plan or improved design and appearance; 43. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; �4. Off-street parking: a. 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; b. Adjacent land uses are of a nature that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; c. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14. 65. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. * * * � * * * * * * Section 13. That Article 2, Zoning Districts, Division 8, Tourist District (T), Section 2- 803, Table 2-803 "T" District Flexible Development Standards, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-803. "T"Flexible Development Standards Use�'� Min. Lot Min. Lot Max. Min. Min. Min. �e�s+ty Min. Off-Street Area Width Height Front Side Rear Parking (sq. ft.) (ft.) (ft.)�'� (ft.)�'� (ft.)�'� (ft.)r,� Alcoholic Beverage Sales 5,000 50 35-100 0-15 0-10 10-20 a/a 5 per 1,000 GFA Attached Dwellings� 5,000— 50-100 35-100 0-15 0-10 10-20 �A 2 per unit 10,000 �e Ordinance No. 8349-12 Page 18 Bars 5.000 50 35-100 0-15 0-10 10-20 10 per 1.000 GFA Comprehensive Infill n/a n/a n/a n/a n/a n/a �A �� Redevelopment Project �� 4�9 �c�-as �ee�asfe �e�er�i+�e� Determined by the community development coordinator for all other uses based on the specific use and/or ITE Manual standards Limited Vehicle Sales and 5,000 50 35-100 0-15 0-10 10-20 +�la 4-5 spaces per Display 1,000 GFA Marinas and Marina 5,000 50 25 10-15 0-10 10-20 +�/a 1 space per 2 slips Facilities Mixed Use 5,000— 50-100 35--100 0-15 0-10 0-20 3A Based upon 10,000 t�i�ae�e s ecific use requirements Nightclubs 5,000 50 35-100 0-15 0--10 10-20 �!a 10 per 1,000 GFA Offices 5.000– 50–100 35-100 0-15 0-10 10-20 n/a ��-��; 10,000 �ggg�,Q 3/1.000 SF GFA Outdoor 5,000 50 35 5-15 0-10 10-20 �/a 2.5 spaces per Recreation/Entertainment 1,000 SQ FT of lot area or as determined by the community development coordinator based on ITE Manual standards Ovemight 10,000 100— 35-100 0-15 0-10 0-20 48 1-1.2 per unit Accommodationsu — 150 �e 20,000 Resort Attached 5,000— 50-100 35--100 0-15 0-10 10-20 �A 1.5 per unit Dwellingsu 10,000 �� Restaurants 5,000— 50-100 25-100 0-15 0-10 10-20 n/a 7–�5 12 spaces 10,000 per 1,000 GFA� Retail Plazas 15.000 100 35–100 0–15 0-10 10-20 4 spaces aer 1.000 GFA Retail Sales and Services 5,000— 50-100 35-100 0-15 0-10 10-20 n/a 4-5 spaces per 10,000 1,000 GFA� (1) Specific standards for the Old Florida District and the Marina District that supersede the above regulations are set forth in Beach by Design:A Preliminary Design for Clearwater Beach and Design Guidelines. � For those oroperties within the boundaries of the Retail/Restaurant District as established bv Beach by Desiqn off-street aarkmq shall not be required. � Swimmina pools and/or decks in coniunction with a swimming aool that are accessory to either an attached dwellmos. overniqht accommodations or resort attached dwellings principal use on Clearvvater Beach are permitted a rear setback of zero feet. Ordinance No. 8349-12 Page 19 Section 14. That Article 2, Zoning Districts, Division 8, Tourist District (T), Section 2- 803, Flexible Development, Community Development Code, be, and the same is hereby amended to read as follows with subsections re-lettered as appropriate: * * * * * * * * * * Flexibility criteria: * * * * * * * * * * C. Bars. 1 Location The parcel proposed for development is not contiquous to a parcel of land which is desiqnated as residential in the Zonina Atlas; 2 Heipht� The increased heiqht results in an improved site plan and/or improved desiqn and appearance; 3. Setbacks: a The reduction in front setback contributes to a more active and dvnamic street life; b The reduction in front setback results in an improved site plan or improved desiqn and appearance; c The reduction in side and rear setback does not prevent access to the rear of anv buildinq bv emerqencv vehicles; d The reduction in side and rear setback results in an improved site plan, more efficient parkinq or improved desiqn and appearance; 4 The desiqn of all buildinqs complies with the Tourist District desian auidelines in Division 5 of Article 3. * * * * * * * * * * 6 H. Offices. 1. Height: The increased height results in an improved site plan or improved design and appearance; ; 2 Lot area and width� The reduction in lot area will not result in a buildina which is out of scale with existina buildinqs in the immediate vicinitv of the qarcel proposed for development; ; 43. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; �4. Off-street parking: a. 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; Ordinance No.8349-12 Page 20 b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. 65. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. * * * * * * * * * * I. Overnight accommodations. * * * * * * * * * * 11. Accessory uses. * * * * * * * * * * b. The following shall apply to required parking for accessory uses: i. Accessory uses located within the building interior may occupy between #� 15 percent and �5 20 percent of the gross floor area of the development, but only when additional parking is provided for that portion of the accessory uses which exceeds #�► 15 percent. The required amount of parking shall be calculated by using the minimum off-street parking development standard for the most intensive accessory use(s). Where there is a range of parking standards, the lowest number of spaces allowed shall be used to calculate the additional amount of off-street parking required for the project. In projects where the interior accessory uses exceed � 20 percent of the building gross floor area, all interior accessory uses shall be considered additional primary uses for purposes of calculating development potential and parking requirements. * * * * * * * * * * �4 L. Restaurants. 1. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; ; 32. Height: The increased height results in an improved site plan and/or improved design and appearance; �� 3. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; 64. Off-street parking: Ordinance No.8349-12 Page 21 a. 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 for storage or other non-parking demand-generating purposes; b. Fast food restaurants shall not be eligible for a reduction in the number of off-street parking spaces; c. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formulas in Article 3, Division 14. �5. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. M. Retai/plazas. 1 Heiaht� The increased heiqht results in an improved site plan or improved desian and appearance; 2. Setbacks: a The reduction in front setback contributes to a more active and dvnamic street life; b The reduction in front setback results in an improved site plan or improved desiqn and appearance; c The reduction in side and rear setbacks does not prevent access to the rear of anv buildina bv emerqencv vehicles; d The reduction in side and rear setbacks results in an improved site plan, more efficient parkin� or improved desiqn and apqearance; e. The reduction in side and rear setbacks does not reduce the amount of landscaped area otherwise required. 3 The desiqn of all buildinas complies with the Tourist District desiqn auidelines in Division 5 of Article 3. 4 Restaurants within the shoppinq center may occupv up to 25% of the total aross floor area of the shoppinq center Any restaurant or fraction thereof, that exceeds 25% must provide off-street parkinq at a rate consistent with the parkinq reauirement for the restaurant use in the district. 5 All shoppinq center buildinqs includinq outbuildinqs must be unified in terms of color materials and architectural stvle. * * * * * * * * * * Section 15. That Article 2, Zoning Districts, Division 9, Downtown District (D), Section 2-902, Table 2-902 "D" Flexible Standard Development Standards, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-902. „D„Flexible Standard Development Standards Use Max. Height(ft.) Min. Off-Street Parking Accessory Dwellings n/a n/a Alcoholic Beverage Sales 30-50 3-5 per 1,000 GFA Attached Dwellings 30-50 1-1.5 per unit Bars 30-50 3-10 per 1,000 GFA Ordinance No.8349-12 Page 22 Convention Center 30–50 5 per 1,000 GFA Indoor Recreation/Entertainment Facility 30-50 3-5 per 1,000 GFA(1) Mixed Use 30-50 Based upon s ecific use requirements Nightclubs 30-50 3-10 per 1,000 GFA Offices 30-50 1-3 per 1,000 GFA(1) Overnight Accommodations 30-50 .75-1 per unit Parking Garages and Lots 50 n/a Parks and Recreation Facilities 50 1 per 20,000 SF or as determined by the community development coordinator based on ITE Manual standards Places of Worship 30-50 .5-1 per 2 seats Public Transportation Facilities 10 n/a Restaurants 30-50 5–�5 10 per 1,000 GFA(1) Retail Plazas 30–50 4 per 1,000 GFA Retail Sales and Service 30-50 2-4 per 1,000 GFA(1) Social and Community Centers 30-50 2-4 per 1,000 GFA Utility/Infrastructure Facilities n/a n/a (1) For those existing buildings/properties with frontage on Cleveland Street that are located befinreen Osceola Avenue and Myrtle Avenue that have no existing off-street parking spaces, nor the ability to provide any off- street parking spaces, the use(s) of the buildings/properties may be changed without the off-street parking that would otherwise be required for the change of use being provided. Section 16. That Article 2, Zoning Districts, Division 9, Downtown District (D), Section 2-902, Flexible Standard Development, Community Development Code, be, and the same is hereby amended to read as foltows with subsections re-lettered as appropriate: * * * * * * * * * * Flexibility criteria: * * * * * * * * * * D Bars. 1. Heipht: The increased heiqht results in an improved site plan and/or improved desiqn and appearance; 2. Off-street parkinq: a. The ahvsical characteristics of a proposed buildinq are such that the likely uses of the propertv will reauire fewer parkinq spaces per floor area than otherwise reauired or the qhvsical context includinq adiacent buildings and uses are such that there is a hiah probabilitY that patrons will use modes of transportation other than the automobile to access the use� b. Adeauate parkinq is available on a shared basis as determined bv all existinp land uses within 1.000 feet of the parcel proposed for development or parkinq is available throuqh anv existing or planned and committed qarkinq facilities or the shared parking formula in Article 3 Division 14: 3. Design: a. All street frontaqe is desiqned and used for commercial purposes� b. The desiqn of all buildinqs complies with the Downtown District design quidelines in Division 5 of Article 3. * * * * * * * * * * Ordinance No. 8349-12 Page 23 P. Retail p/azas. 1 Heipht� The increased heipht results in an improved site plan and/or improved desiqn and appearance; 2 The desiqn of all buildinqs complies with the Downtown District desiqn quidelines in Division 5 of Article 3. 3 Restaurants within the shoppinq center mav occupv up to 25% of the total qross floor area of the shoppinq center Anv restaurant or fraction thereof, that exceeds 25% must provide off-street parkinq at a rate consistent with the parkinq reauirement for the restaurant use in the district. 4 All shoppinq center buildinqs includinq outbuildinqs must be unified in terms of color materials and architectural stvle. * * * * * * * * * * Section 17. That Article 2, Zoning Districts, Division 9, Downtown District (D), Section 2-903, Table 2-903 "D" Flexible Development Standards, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-903. "D"District Flexible Development Standards Use Max. Height Min. Off-Street (ft.) Parking Alcoholic Beverage Sales 30-100 3-5 per 1,000 GFA Animal Boardinq 30 4 aer 1,000 GFA Attached Dwellings 30-100 1-1.5 per unit Comprehensive Infill Redevelopment n/a Determined by the community development Project coordinator based on the specific use and/or ITE Manual standards Educational Facilities 30-100 4/1000 GFA Governmental Uses 30-100 3-5 per 1,000 GFA Indoor Recreation/Entertainment Facility 30-100 3-5 per 1,000 GFA�'� Limited Vehicle Sales and Display 30 2-4 per 1,000 GFA Marinas and Marina Facilities 30 1 space per 2 slips Mixed Use 30-100 Based upon specific use requirements Nightclubs 30-100 3-10 per 1,000 GFA Offices 30-100 1-3 per 1,000 GFA�'� Overnight Accommodations 50-100 .75-1 per unit Public Facilities 30-100 1-2 per 1,000 GFA Restaurants 30-100 5–�510 per 1,000 GFA�'� Retail Sales and Service 30-100 2-4 per 1,000 GFA�'� Social/Public Service Agencies 30-100 3-4 per 1,000 GFA Telecommunication Towers Refer to Section 3-2001 n/a Veterinary Offices-ar�-�++�al 30 4 per 1,000 GFA Ordinance No.8349-12 Page 24 (1) For those existing buildings/properties with frontage on Cleveland Street that are located between Osceola Avenue and Myrtle Avenue that have no existing off-street parking spaces, nor the ability to provide any off- street parking spaces, the use(s) of the buildingsJproperties may be changed without the off-street parking that would otherwise be required for the change of use being provided. Section 18. That Article 2, Zoning Districts, Division 9, Downtown District (D), Section 2-9Q3, Flexible Development, Community Development Code, be, and the same is hereby amended to read as follows with subsections re-lettered as appropriate: * * * * * * * * * * B. Animal8oardinq. 1 The parcel is not contiquous to a parcel of land which is desiqnated as residential in the Zoninq Atlas. 2. The use of the parcel does not involve animal confinement facilities that are open to the outside. 3. Animals mav have supervised outdoor exercise but onlv between 7�00 a m - 9:00 p.m. In no case shall animals be left unsupervised while outdoors 4. Accessorv boardinq facilities shall contain waste control facilities and an air- handlinq svstem for disinfection and odor control. 5. The desiqn of all buildinqs complies with the Downtown District desian guidelines in Division 5 of Article 3. * * * * * * * * * * #S. Veterinary offices, * * * * * * * * * * Section 19. That Article 2, Zoning Districts, Division 10, Office District (0), Section 2- 1002, Minimum Standard Development, Table 2-1002 "O" District Minimum Development Standards, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-1002. "O"District Minimum Development Standards Use Min. Lot Min. Lot Max. Height Min. Setbacks(ft.) Min. Off-Street Area Width(ft.) (ft•) Front Side Rear Parking (sq. ft.) Offices 10,000 100 30 25 �9 10 20 3/1,000 sq.ft. GFA Parks and Recreation n/a n/a 50 25 10 20 1 per 20,000 SF Facilities land area or as determined by the community development director based on ITE Manual standards Places of Worship(1) 40,000 200 30 35 20 20 1 per 2 seats Schools 40,000 200 30 35 20 20 1!3 students (1) Places of Worship 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. Ordinance No.8349-12 Page 25 Section 20. That Article 2, Zoning Districts, Division 10, Office District (0), Section 2- 1003, Flexible Standard Development, Table 2-1003 "O" District Flexible Standard Development Standards, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-1003. "O"District Flexible Standard Development Standards Use Min. Lot Min. Lot Max. Height Min. Setbacks(ft.) Min. Off-Street Area wdth(ft.) (�•) Front" Side Rear Paricing (sq. ft.) Accessory Dwellings n/a n/a n/a n/a n/a n/a 1/unit Community Residential 6,000 60 30 25 10 10 1 per 2 residents Homes Educational Facilities 3,500 50 30-50 25 10 20 2-3/1,000 GFA Medical Clinic 20,000 100 30 35 20 20 5/1,000 GFA Nursing Homes 20,000 100 30 35 20 20 1 per 2 residents Offices 3,5�0– 50–100 30-50 15–25 10 10–20 2-3/1,000 GFA 10,000 Off-Street Parking 3,500 50 n/a 25 10 20 n/a Places of Worship(1) 20,000— 100-200 30-50 25--35 10-20 10-20 1 per 2 seats 40,000 Public Transportation n/a n/a 10 n/a n/a n/a n/a Facilities(2) Restaurant n/a n/a n/a n/a n/a n/a n/a Retail Sales and Service n/a n/a n/a n/a n/a n/a n/a N/Radio Studios 40,000 200 35 35 20 20 5/1,000 GFA Utility/Infrastructure n/a n/a n/a 35 20 20 n/a Facilities(3) Veterinary Offices 5,000 50 30 25 10 20 4/1000 GFA � (1) Places of worship 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. (2) Public transportation facilities shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to transportation/utility which shall include such uses and all contiguous like uses. (3) Utility/infrastructure facilities shall not exceed three acres.Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to transportation/utility which shall include such uses and all contiguous like uses. Section 21. That Article 2, Zoning Districts, Division 10, Office District (0), Section 2- 1003, Flexible Standard Development, Community Development Code, be, and the same is hereby amended to read as follows: * * * * * * * * * * Ordinance No.8349-12 Page 26 Fiexibility criteria: * * * * * * * * * * F. Offices. 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. 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 use 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. Lof area and width: The reduction in lot area and/or width will not result in a buildinq which is out of scale with existinq buildinqs in the immediate vicinity of the parcel proposed for development: 5. Front and rear sefbacks: The reduction in front and/or rear setbacks result in an improved site pfan, more efficient parkinq or improved design and aqpearance * * * * * * * * * * J. Restaurants. 1. The use is located in a building which is primarily used for office purposes; ; �32. The total floor area devoted to retail sales and service use and restaurant does not occupy more than ten percent of the floor area of the building in which it is located. K. Retail sa/es and services. 1. The use is located in a building which is primarily used for office purposes; 2. The total floor area devoted to retail sales and service use and restaurant does not occupv more than ten qercent of the floor area of the buildinq in which it is located. * * * * * * * * * * Section 22. That Article 2, Zoning Districts, Division 10, Office District (0), Section 2- 1004, Flexible Development, Table 2-1004 "O" District Flexible Development Standards, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-1004. "O"District Flexible Development Standards Use Min. Lof Min. Lot Max. Height Min. Setbacks(R.) Min. Off-Street Area Width(ft.) (ft•) Front Side Rear Parking {sq.ft.) �/a a�a �Na �a fl!a �a �►+� Ordinance No. 8349-12 Page 27 Comprehensive Infill n/a n/a n/a n/a n/a n/a Determined by the Redevelopment Project community development director based on the specific use and/or ITE Manual standards Medical Clinic 20,000 100 30-50 15-35 10-20 10-20 5/1,000 GFA Mixed Use 3,500 50 30-80 15--35 10-20 10-20 �–�Fa-;999-6�A aad-�-spases� :�� Based upon specific use reauirements Nursing Homes 20,000 100 30-50 15-35 10-20 10-20 1 per 2 residents g�s �;�AA �9 3A---�A a-�--3� a-9--�8 �-9--2� �--3l�99A-G�A o��;� �a +�/a �►/a +�/a flJa �/a +�Fa aFa �!a �la a�a �a �Na �FFa Telecommunication Towers 10,000 100 Refer to 25 10 20 n/a Section 3- 2001 N/Radio Studios 20,000— 100-200 35-80 15-35 10-20 10-20 3-5/1,000 GFA 40,000 Section 23. That Article 2, Zoning Districts, Division 10, Office District (0), Section 2- 1004, Flexible Development, Community Development Code, be, and the same is hereby amended to read as follows with subsections re-lettered as appropriate: * * * * * * * * * * Flexibility criteria: . , ; �* * * * * * * * * * C 11FF:,,.,.. � uo;,.ht: , ; Ordinance No. 8349-12 Page 28 �. �T1�7'GTfY7CY'YCL7Y'.-7r+t1�b�/fY • r . ' 1j--rT°nc�['�Tf^'p'r�^.-.� . � � TGt7C7tCtl� �+ m�+i�r.�rlorinl c��ree� ��Tef '/ / .J . � � r �+ m.+inr.�rieri..l c.}ree� u ��u�v� . * * * * * * # * * * Section 24. That Article 2, Zoning Districts, Division 12, Institutional District (I), Section 2-1203, Flexible Standard Development, subsection K, Residential Shelters, Community Development Code, be, and the same is hereby amended to read as follows: * * * * * * * * * * flexibility criteria: * * * * * * * * * * K. Residential shelters. 1. The parcel proposed for development does not abut a manufacturing, �elesa#e s�PS-�,^,a-�e�i�—�:� wholesale/distribution/warehouse facilitv, office or retail sales and service use; 2. The parcel proposed for development is located within 600 feet of a transit line; 3. The parcel proposed for development is not located within 1,500 feet of another residential shelter; 4. All outdoor lighting is designed and located so that light fixtures do not cast light directly on to adjacent land use for residential purposes; 5. The residential shelter does not involve outdoor eating or sleeping facilities. 6. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance and landscaping exceeds the minimum required. Ordinance No.8349-12 Page 29 7. Rear setback: The reduction in rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and landscaping exceeds the minimum required. 8 The parcel is not located within the Clearwater powntown Redevelopm_ent Plan area. * * * * * * * * * * Section 25. That Article 2, Zoning Districts, Division 13, Industrial, Research and Technology District (IRT), Section 2-1302, Minimum Standard Development, Table 2-1302 "IRT' District Minimum Standard Development, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-1302. "IRT"District Minimum�#a�dar�Development Standards Uses Min. Lot Min. Lot Min. Setbacks Max. Height Min. Off-Street Area Wdth(ft.) (ft.) (ft.) Parking (sq. ft.) Front Side/ Rear Accessory Dwellings 5,000 50 20 15 50 1/unit Governmental Uses(1) 20,000 200 20 15 50 3/1,000 SF GFA Indoor Recreation/Entertainment(2) 20,000 200 20 15 50 5/1,000 SF GFA or 5/lane,2/court or 1/machine Manufacturing(3) 20,000 200 20 15 50 1.5/1,000 SF GFA Offices(4) �A;989 n/a �99 n/a �9 n/a �5 n/a a8 n/a �1�89A-�€-6F-A n/a Outdoor Storage(accessory use)(5) n/a n!a n/a n/a n/a n/a Parks and Recreation Facilities n/a n/a 25 10/20 50 1 per 20,000 SF land area or as determined by the community development coordinator based on the ITE Manual standards Publishing and Printing 20,000 200 20 15 50 3/1,000 SF GFA Research and Technology 20,000 200 20 15 50 2/1,000 SF GFA Restaurants(6) 10,000 �9A 100 20 15 50 �512 spaces per 1,000 SF GFA Self Storage 20,000 200 20 15 50 1 per 20 units plus 2 for manager's office N/Radio Studios 20,000 200 20 15 50 4/1000 SF GFA Vehicle Service(7) 20,000 200 20 15 50 1.5/1,000 SF GFA Wholesale/Distribution/ 20,000 200 20 15 50 1.5/1,000 SF GFA Warehouse Facility (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. Ordinance No.8349-12 Page 30 (2) Indoor recreation/entertainment uses,when alone or added to existing contiguous like uses, and when not part of a master development plan, shall not exceed five acres. This restriction applies when used in the Industrial Limited(IL) Countywide future land use plan category. (3) In the Industrial Limited (IL) land use category, manufacturing shall be limited to a use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, storage, sales and distribution of goods, and shall not include or allow for any exterior storage or processing of equipment or materials of any kind. (4) Offices located in the Industrial General (IG) future land use categ�ry shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. Offices located in the Industrial Limited (IU future land use categorv are not permissible as a Minimum Standard Development (5) Outdoor storage within the required front yard setback shall be prohibited. Such outdoor storage areas shall be limited to not more than 30 percent of the subject lot or parcel and shall be completely screened from view from all adjacent residential zoned properties and/or public rights-of-way by a solid wall/fence six feet in height. Items stored within outdoor storage areas shall not exceed six feet in height and/or shall not be otherwise visible from adjacent residentially zoned property and/or public rights-of-way. (6) Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Restaurants located in the IL future land use category 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 amendment to the appropriate category which shall include such use and all contiguous like uses. Restaurants located in the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. (7) Vehicle service located in the Industrial General (IG) future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. Vehicle service located in the Industrial Limited (IL)future land use category 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 Commercial General which shall include such uses and all contiguous like uses. Section 26. That Article 2, Zoning Districts, Division 13, Industrial, Research and Technology District (IRT), Section 2-1303, Flexible Standard Development, Table 2-1303 "IRT" District Flexible Standard Development, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-1303. "IRT"District Flexible Standard Development Standards Uses Min. Lot Min. Lot Min. Setbacks Max. Height Min. Off-Street Area �dth(ft.) (ft.) (ft.) Parking �Sq' �'� Front* Side/ Rear Animal Boardin4 10.000 100 20 15 30 5/1.000 SF GFA Automobile Service Stations(1) 20,000 100 20 15 30 4/1000 SF GFA Major Vehicle Service(1) 20,000 100 20 15 30 4/1000 SF GFA Manufacturing(2) 10,000 100 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA Outdoor Recreation/Entertainment(3) 40,000 200 20 15 30 1-10/1,000 SF Land Area or as determined by the community development coordinator based on ITE Manual standards Ordinance No.8349-12 Page 31 Outdoor Storage 10,000 100 20 15 30 3/1,000 SF GFA Parking 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 Transportation Facilities(4) n/a n/a n/a n/a 10 n/a Publishing and Printing 10,000— 100-200 20 15 50 3/1,000 SF GFA 20,000 Research and Technology 10,000 100 20 15 50 2/1,000 SF GFA Residential Shelters(5) 5,000 50 20 15 30 3/1,000 SF GFA Retail Sales and Services(1) n/a n/a n/a n/a n/a n/a Restaurants(6) 5,000— 50-100 20 15 38 50 7–�5 12 spaces 10,000 per 1,000 GFA Self Storage 10,000 100 20 15 50 1 per 20-25 units plus 2 for manager's office N/Radio Studios 10,000 100 20 15 50 4/1000 SF GFA Utilityllnfrastructure Facilities(7) n/a n/a 20 15 n/a n/a Vehicle Sales/Displays and Major 40,000 200 20 15 30 1.5/1,000 SF Lot Vehicle Sales/Displays(8) Sales Area Vehicle Service(8) 10,000 100 20 15 50 1.5/1,000 SF GFA Veterinary Offices�-Ar�i�a� 10,000 100 20 15 30 5/1,000 SF GFA &�ee� Wholesale/DistributionlWarehouse 10,000 100 20 15 50 1.5/1,000 SF GFA Facility „ (1) Automobile service station, major vehicle service, and retail sales and service uses in the Industrial Limited (IL) future land use category that are not part of a master development plan 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 the appropriate category which shall include such uses and all contiguous like uses. (2) In the Industrial Limited (IL) land use category, manufacturing shall be limited to a use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, storage, sales and distribution of goods, and shall not include or allow for any exterior storage or processing of equipment or materials of any kind. (3) Outdoor recreation/entertainment uses in the Industrial Limited (IL) future land use category that are not part of a master development plan 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 the appropriate category which shall include such uses and all contiguous like uses. (4) Public transportation facilities 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 Transportation/Utility which shall include such uses and all contiguous like uses. (5) Residential shelters 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 Transportation/Utility which shall include such uses and all contiguous like uses. (6) Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Restaurants located in the IL future land use category 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 amendment to the appropriate category which shall include such use and all contiguous like uses. Restaurants located in the IG future land use category shall be allowed only as an accessory use, located within Ordinance No. 8349-12 Page 32 the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. (7) Utility/infrastructure 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 TransportatioNUtiliry which shall include such uses and all contiguous like uses. (8) Vehicle sales/displays, major vehicle sales/displays, and/or vehicle service in the Industrial Limited land use category shall not exceed five acres. . Any such use, alone or when added to contiguous like uses which exceed five acres or 25 percent of the floor area shall require a land use plan map amendment to Commercial General which shall include such uses and all contiguous like uses. In the Industrial General cateaorv such uses shall not exceed 25 percent of the floor area and shall be accessorv Section 27. That Article 2, Zoning Districts, Division 13, Industrial, Research and Technology District (IRT), Section 2-1303, Flexible Standard Development, Community Development Code, be, and the same is hereby amended to read as follows with subsections re-lettered as appropriate: * * * * * * * * * * Flexibility criteria: * * * * * * * * * * A. Animal boardina. 1. The parcel is not contiquous to a parcel of land which is designated as residential in the Zoninq Atlas. 2. The use does not involve animal confinement facilities that are open to the outside. 3. Animals mav have supervised outdoor exercise but onlv between 7�00 a m - 9:00 p.m. In no case shall animals be left unsupervised while outdoors 4. Accessorv boardina facilities shall contain waste control facilities and an air- handlina svstem for disinfection and odor control. * * * * * * * * * * �U. Veterinary offices * * * * * * * * * * Section 28. That Article 2, Zoning Districts, Division 13, Industrial, Research and Technology District (IRT), Section 2-1304, Flexible Development, Table 2-1304 "IRT" District Flexible Development Standards, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-1304. "IRT"District Flexible Development Standards Uses Min. Lot Min. Lot Min. Setbacks(ft.) Max. Height Min. Off-Street Area �dth(ft.) FronY` Side Rear ��•1 Parking (sq. ft.) Adult Uses(1) 10,000 100 20 15 15 30 5/1,000 SF GFA Bars 5 10.000 100 20 15 15 30 10 per 1,000 GFA Comprehensive Infill n/a n/a n/a n/a n/a n/a Determined by the Redevelopment Project community development � coordinator based on the specific use and/or ITE Manual Ordinance No.8349-12 Page 33 standards Nightclubs(2) 10,000 100 20 15 15 30 a5/�999-�€-6��4 10 per 1 000 GFA Offices 10,000 100 20 15 15 �A 50 3/1,000 SF GFA Overnight 40,000 200 20 15 15 50 1/UNIT Accommodations(3) Salvage Yards 40,000 200 20 15 15 30 1/200 SF of office space �9;889 �98 �9 �a �5 3A �er 2� '—�-�� e4€�teFa�e �� ""°'�se Social/Public Service 10,000 100 20 15 15 30 3/1,000 SF GFA Agencies(4) Telecommunication Towers 10,000 50 25 10 20 Refer to n/a Section 3- 2001 * (1) Adult uses shall not exceed five acres in area in the Industrial Limited land use plan map category or exceed 25 percent of a project in the Industrial General land use plan map category. (2) Nightclubs shall not exceed five acres in area in the Industrial Limited land use plan map category or exceed 25 percent of a project in the Industrial General land use plan map category. (3) Overnight accommodations shall not exceed five acres in the Industrial Limited land use plan map category. (4) Social/public service agencies shall not exceed five acres. � Bars shall not exceed five acres in area in the Industrial Limited land use qlan maa cateaorv or exceed 25 percent of a project in the Industrial General land use plan map cate4orv. Section 29. That Article 2, Zoning Districts, Division 13, Industrial, Research and Technology District (IRT), Section 2-1304, Flexible Development, Community Development Code, be, and the same is hereby amended to read as follows: * * * * * * * * * * Flexibility criteria: * * * * * * * * * * B. ears. 1 The parcel proposed for development is not contiquous to a parcel of land which is desiqnated as residential in the Zoninq Atlas; 2 The use of the parcel proposed for development will not involve direct access to a maior arterial street; 3 Adiacent land uses are of a nature that there is a hiqh probabilitv that patrons will use modes of transportation other than the automobile to access the use. * * * * * * * * * * �E. Offices. 1. The proposed use of the parcel shall be related to the uses permitted in the district and shall include, but not be limited to, office uses related to scientific or industrial research, product development and testing, engineering development and marketing development, corporate offices provided, however, that they do Ordinance No.8349-12 Page 34 not provide services or uses to the general public on the premises, and such other office uses, including support services, as well as uses which are accessory to and compatible with the permitted uses. Support services for the purposes of this zoning district shall be defined as companies that supply services utilized wholly by other companies located in this zoning district. 2. Offices located in the IG future land use cateqorv shall be allowed onlv as an accessorv use, located within the structure to which it is accessorv and shall not exceed 25 percent of the floor area of the qrincipal use to which it is accessorv * * * * * * * * * * �--�e{#�o�age- r�lo�iolnr�mcr�#�h.+r� fi�io fee4 �k :k �k �k �k �k * * �k # Section 30. That Article 3, Development Standards, Division 6, Dock/Marina Standards, Community Development Code, be, and the same is hereby amended to read as follows DIVISION 6. DOCK/MARINA STANDARDS Section 3-601. Docks. * * * * * * * * * * C. New docks. 1. Docks, boatlifts and service catwalks that serve single-family or two-family dwellings. * * * * * * * * * * e. Number of docks/slips. , . , i) No more than one dock structure shall be located at a sinqle- family or two-familv dwellinq. ii) In the event that two or more properties each alreadv having a dock are combined, then only one dock mav remain iii) No dock shall provide more than two slips for the moorinq of boats, exceat as houseboats mav otherwise be permitted consistent with Chapter 33 of the City's Code of Ordinances Slips shall be #or the exclusive use of the residents of the contiquous upland propertv. Personal watercraft lifts are not considered to be boat slips. * * * * * * * * * * Section 31. That Article 3, Development Standards, Division 8, Fences and Walls, Community Development Code, be, and the same is hereby amended to read as follows: Ordinance No. 8349-12 Page 35 DIVISION 8. FENCES AND WALLS Section 3-801. Purpose and applicability. It is the purpose of this division to provide standards for fences and walls, , � * * * * * * * * * * Section 3-804. Hei ht requirements. The following set�asl�� height requirements shall apply to all fences, and walls, except chain link fences. A. Front set-�as�. Walls and fences located in front of a principal structure shall be permitted to a maximum height of 36 inches with the following exceptions: 1. In the MDR and MHDR zoning districts, brick or other masonry walls or walls with masonry columns linked by substantial grill work shall be permitted to a maximum height of six feet in a required front setback area as a Level One (flexible standard development) approval. Such walls shall be architecturally compatible with the principal structure on the property and compatible with the surrounding properties. 2. In the HDR, MHP, C, T, D, O, I, IRT, OSR, and P zoning districts, PVC fences, brick or other masonry walls or walls with masonry columns linked by substantial grill work shall be permitted to a maximum height of six feet in � se##asl�front of a principal structure. 3. Walls, no greater than a maximum height of six feet, shall be permitted for the perimeter of any residential subdivision located within any zoning district. Such walls shall be architecturally compatible with the building design within the subdivision. f°� B. Side and rear s. a----Fences and walls shall be permitted to a maximum height of six feet between the principal structure and any side or rear lot line with the following exceptions: a1. Fences and walls may be permitted up to eight feet in height if located in the Industrial, Research, and Technology District ("IRT"). �2. Fences and walls may be permitted up to eight feet in height in the Commercial District through Level One, (Flexible Standard Development) approval to buffer uses with drive-thru facilities, vehicle sales/displays, automobile service stations, outdoor retail sales, display and/or storage and residential zoning districts. If any fence is part of a Level Two review, the decision to approve the fence will be made by the Community Development Board. s3. On those properties adjacent to water, fences proposed to be located within 20 feet of the property line adjacent to the water or within the required setback, whichever is greater, must be non-opaque and cannot exceed 48 inches in height. C. °^°�� Landscapinp repuirements Anv fence or wall that exceeds three feet in heiqht and is located between a principal structure and anv riqht-of-wav shall provide a three foot wide landscaped strip on the riqht-of-wav side of the fence. Ordinance No.8349-12 Page 36 D. Corner/ots. For the purposes of fence placement on corner lots, the front � shall be the side of the property from which the property is addressed. The placement of any fence on this side of the property shall adhere to the provisions in Section �-�94�A3 3-804.A., above. The other side of the property shall be considered a side��- �4 and a fence may be erected in this area in compliance with the ' provisions in Section 3-804.B., above� provided; me-�e�^�: , . 1. The fence is consistent with the character and placement of anv structures and setbacks on the adjoininq properties, including the placement of the fence on the property line. 2. However if the side of the propertv is adjacent to a right-of-way that would be classified as an arterial or collector right-of-wav bv the City Enqineer, then the fence mav be constructed consistent with the provisions in Section 3-804.B., above, reaardless of the above condition. E. Double frontage lots. For the purposes of fence placement on double frontage lots, the front � shall be the side of the property from which the property is addressed. The placement of any fence on this side of the property shall adhere to the #�et�-�et-�ael� provisions in Section 3-�84{�A� 3-804.A., above. The e#�ie� o�posite side of the property shall be considered a rear�a�-A and a fence may be erected in this area in compliance with the provisions in Section �-�A4{�} 3-804.B., above provided the following conditions exist: 1. The rear�s of the adjacent lots on the same side of the street are oriented the same as the lot on which the fence is proposed; and 2. The pattern of the dwellings across the street is also oriented with the rear � facing the lots across the street. 3. If both of #�►ese the above conditions cannot be met, such fence in the rear set-�as�shall not exceed three feet in height. 4. However, if the rear is adiacent to a right-of-wav that would be classified as an arterial or collector riqht-of-wav bv the Citv Engineer, then the fence may be constructed consistent with the provisions in Section 3-804.B., above, reqardless of any of the above conditions. F. Exception for attached dwellings. No fence or wall over six feet in height shall be permitted on any attached dwelling lot, except where the fence or wall is installed along the boundary of the property, in which case the fence or wall shall be uniformly designed and shall meet the height limits and other standards otherwise applicable to the fence or wall. G. Retainina walls, not includinq those walls associated with a detention pond which are requlated by Section 3-901, may be located between the principal structure and anv front, side or rear lot line, provided no portion of the wall that is located above qrade exceeds 18 inches in heicaht unless otherwise required to be of a greater heiaht to satisfy and environmental or engineerinq need as determined bv the Citv Enaineer. H. An equivalent combination of fence, wall, landscape berm or retainina wall mav be utilized to achieve the maximum possible fence height; however in no case shall the combined height of the structures exceed the maximum height provisions. Section 3-805. Chainlink fences. The following requirements shall apply to chain link fences. A. Prohibited. Chainlink fences are prohibited within the Downtown District. B. Front set-�as�. Chainlink fences shall not be permitted in #-�e front of a principal structure. Chainlink fences shall only be located on a parcel to the rear of the Ordinance No.8349-12 Page 37 front building line of the principal h,,;',�;^,.5;-;�^'°°° ^°�^,;•+o,� �,,,-�,,.,.,+ +,, ce„+;,,., � Qn�� var�ui �nc. ��6�F@ StfUCtUf@. C. Side and rear set�aslcs. Chainlink fences located ' between the principal structure and anv side or rear lot line shall not exceed 48 inches or six feet if clad with green or black vinyl. If such side or rear � lot line is adjacent to a public right-of-way, however, such chainlink fence shall not be permitted. D. Landscaping requirements. Chainlink fences .�� + „+►,�;;;�e �o�,,;.o,� +„ ho shall be landscaped with a continuous hedge or a nondeciduous robust growing vine at frequent intervals. Such landscaping may be located on the external or internal side of the fence along the entire length of the fence. E. Public or private recreational facilities. Chainlink fences for public or private tennis courts, golf courses and driving ranges, athletic fields, play courts, batting cages and other similar uses are exempt from height regulations contained in this section and the location restriction of Section ��} 3-805.B., above. . . , . , , . fr�m #ho frnnf c�e+h�nL � � F. Vacant lots. In all zoninq districts exceqt for the Downtown District, chainlink fences, clad with careen or black vinyl are permitted to secure any vacant lot. Such fences shall be limited to a maximum heiqht of six feet and are subject to the requirements of 3-805.D.� above. Upon development of the vacant lot, all chain link fencinq shall be removed. G. Publiclv owned landbanked properties. A six foot high qreen or black vinvl coated chainlink fence shall be permitted around the perimeter of any publiclv owned landbanked propertv and shall be exempt from the landscaping reauirements specified in Section 3-805.D., above. * * * * * * * * * * Section 3-807. Special regulations. A. Fences for swimming poo/s. A swimming pool may be enclosed with a four#ee�foot high fence or wall. B�. Visibility triangle. All fences and walls shall comply with the sight visibility triangle requirements in Article 3, Division 9. C. Subdivisions. 1. Parcels of land within a subdivision which, in conjunction with the approval of the subdivision, were required to have a fence and/or wall shall not be permitted any additional or substitute fences or walls which otherwise contravene the qeneral purpose and uniformitv afforded bv the approved plan. 2. A six-foot high wall or fence, excludinq chainlink, mav be installed around the perimeter of any residential subdivision, provided such a wall or fence does not conflict with Section 3-807.C.1., above, or 3-804.A. . . , , , Ordinance No.8349-12 Page 38 D€. Construction sites. Temporary fences around construction sites may be approved by the building official and such fences shall comply with any reasonable conditions, e.g., height, location, materials, as the building official may determine appropriate for a given property. E�. Fences on publicly owned�lands. Deviations from these fence requirements may be permitted for fences associated with public projects pursuant to the Level 1 (flexible standard) approval process. * * * * * * * * * * Section 32. That Article 3, Development Standards, Division 12, Landscaping/Tree Protection, Section 3-1205, Tree Protection, Community Development Code, be and the same is hereby amended as follows: Section 3-1205. Tree protection. * * * * * * * * * * B. Criteria for issuance of a removal permit. * * * * * * * * * * 3. Expiration. Tree removal permits shall be valid for a period of six months from the date of issuance. Extensions mav be granted bv the communitv development coordinator or designee for qood cause. * * * * * * * * * * Section 33. That Article 3, Development Standards, Division 21, Temporary Uses, Section 3-2103, Allowable Temporary Uses, Community Development Code, be, and the same is hereby amended to add a new subsection K, "Temporary Buildings During Construction," and re-lettering the subsequent subsections as appropriate: * * * * * * * * * * K. Temporarv buildings durinq construction. 1. Allowable within the C. T, D, O, I and IRT Districts� 2. Allowable onlv for the duration of an active buildina construction permit All temporarv buildinqs must be removed prior to the issuance of a Certificate of Completion or Certificate of Occupancv as applicable for the permanent buildina; 3. All temporarv buildinqs must meet the setbacks applicable to the permanent buildinq; 4. An adequate area for parking must be provided on-site that would accommodate the parkinca needs of the#emporary buildinq; and 5. The temporarv use permit mav be revoked if it should be determined that construction on the qermanent buildinq has ceased. * * * * * * * * * * Section 34. That Article 4, Development Review and Other Procedures, Division 3, Permitted Uses: Level One, Community Development Code, be, and the same is hereby amended to read as follows * * * * * * * * * * Section 4-302. Application/approval by community development coordinator. A. Level One approval (minimum development standards). e., .,.,.,�,,..,.,+ f,,.. ., � e„e� n.,o Ordinance No.8349-12 Page 39 > , 1 An applicant for a Levei One approval (minimum development standardsl shali submit an application in accordance with the reauirements of Sections 4-202.A and F to the communitv development coordinator who shall review the application in accordance with the requirements of Sections 4-202.0 and D and determine whether the application demonstrates compliance with the reauirements of this Development Code Within 15 workinq davs of_ a determination of sufficiencv the communitv development coordinator shall approve the application denv the application or approve with conditions necessarv to make the proposed development conforminq with the applicable qeneral and specific requirements set out in Articles 2 and 3 includinq the provisions of Section 3 914 in reqard to qeneral standards for approval conditions. 2 It is acknowledaed that chanqes of use mav be proposed wherebv conformance with all of the applicable qeneral and specific reauirements set out in Article 2 mav not be possible or practicable In those situations the followinq provisions shall apply: a If there is no difference in the established develoqment standards between an existinq use and a proposed use that is permissible as a minimum standard use in the zonina district of the subiect propertv, then the chanqe of use mav be processed as a Level One (minimum standard) approval even if the structures and/or properties involved _are nonconforminq with reqard to said development standards provided that the site is brouqht into compliance to the qreatest extent practicable with the parkinq and landscapinq standards set out in Article 3. b If there is a difference in the established development standards between an existinq use and a proposed use that is permissible as a minimum standard use in the zoninq district of the subiect propertv, but the proposed use would have a lesser impact then the chanqe of use mav be processed as a Level One (minimum standard) approval even if the structures and/or properties involved are nonconforminq with reaard to said development standards provided that the site is brouaht into compliance to the areatest extent practicable with the parkina and landscapinq standards set out in Article 3. c If there is a difference in the established development standards between an existinq use and a proposed use that is permissible as a minimum standard use in the zonina district of the subiect propertv and the proposed use would have a qreater impact but still meet the parameters established below then the chanQe of use may be processed as a Level One (minimum standard) approval even if the structures and/or properties involved are nonconformina with reaard to said development standards, �rovided the site is brouaht into compliance to the areatest extent practicable with the parkina and landscape standards set forth in Article 3. Ordinance No.8349-12 Page 40 1. The buildina or tenant space as applicable is less than 5 000 square feet; and 2. The chanqe of use cannot create a nonconforminc� situation with reqard to the provision of off-street parkinq In the instance where the existinq use is currentiv nonconforming with regard to the provision of off-street parkinq the resultinq chanqe of use cannot exacerbate this nonconformitv bv more than ten percent• and 3. Eliqible uses include onlv offices retail sales and services and mixed-use (the commercial component of which mav onlv include office or retail sates and services)� and 4. If the existinq development was part of a Level Two (Flexible Development) development approval then the proposed change of use must comqlv with the qrovisions of Section 4-406 d. With reqard to the above provisions "lesser impact" and "qreater impact" shall be based upon the difference in development standards between the finro uses. * * * * * * * * * * Section 35. That Article 8, Definitions and Rules of Construction, Section 8-102, Definitions, Community Development Code, be, and the same is hereby amended as follows: Section 8-102. Definitions. * * * * * * * * * * Animal�ee�--e�boarding�-ses means a use where animals are kept on a temporary basis in conjunction with g�ee�+�eF overnight boarding. * * * * * * * * * * Bars means anv establishment licensed bv the State of Florida for consumption of alcohol on the premises, which is devoted durinq anv time of operation predominantly or totallv to servinq alcoholic beveraqes, and in which the servinq of food if anv is merely incidental to the consumpfion of anv such beveraqe: and the licensed establishment is not located within and does not share anv common entrvwav, or common indoor area with anv business for which the sale of food or anv other product or service is more than an incidental source of qross revenue� and seatinq/tables accounts for at least 75% of the total qross floor area of the use * * * * * * * * * * Niqhtclubs means a commercial establishment wherein alcoholic beverages are sold and consumed on the premises and has entertainment. including but not limited to a dance floor a band, orchestra, disc iockev and eauipment, a staQe for comedv theatre or other forms of live entertainment, but excludinq adult entertainment. The dance floor or open space mav be established bv the temporarv removal or re-arrangement of furniture or tables Any establishment that charaes a cover charge, door charqe reauired contribution or one time membership fee (excludinq social and communitvi centers) or has a minimum drink purchase reauirement will be desiqnated a nightclub. � , * * * * * * * * * * � Retail p/azas means a buildinq or qroup of buildinqs on the same property or adjoininp properties, but operatinq as and/or presentinq a unified/cohesive appearance and generallv but not necessarilv under common ownership and manaqement and which is partitioned into separate units that utilize a common parkinq area and is desiqned for a varietv of Ordinance No.8349-12 Page 41 interchan eable uses includin overnmental indoor recreation/entertainment office restaurant retail sales and service and social/communitvi center. In addition bars, medical clinics niahtclubs and places of worship mav also be incorporated into retail plazas sub�ect to their approval throuqh the apqlicable Level One (Flexible Standard Developmentl or Level Two (Flexible Development) approval process and meetina their respective flexibilitv criteria. - * * * * * * * * * * Retail sales and services means a building, property, or activity the principle use or purpose of which is the sale or lease of goods, products, materials, or services directly to the consumer, including grocery stores, bicycle stores (sales, rentals and/or repair), adult day care, child care, personal services, animal qroomina, funeral homes, art galleries, artisans, farmer markets, and including the sale of alcoholic beverages for off-premises consumption provided that the sale of alcoholic beverages is subordinate to the principal use and display of alcoholic beverages occupies less than 25 percent of the floor area of the use. Not including problematic uses, street vendors or the on-premise consumption of alcoholic beverages. * * * * * * * * * * Temporarv buildinas durinq construction means a buildinq that mav be used to_accommodate the principal use of a propertv in those instances where the permanent buildina that otherwise would accommodate the use is rendered unavailable/unoccupiable due to renovations, modifications or other construction related activities. * * * * * * * * * * Vehicle service, limited means an activity conducted within a structure which primarily involves the routine maintenance of automobiles, motorcycles, trucks, boats, and recreational vehicles. Limited vehicle service includes only washing, waxing, changing oil, detailing, installation of accessories or audio eauipment, and window tinting. - * * * * * * * * * * Section 36. 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 37. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. Section 38. 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 39. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 40. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING Ordinance No. 8349-12 Page 42 PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Ordinance No.8349-12 Page 43