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8349-12ORDINANCE NO. 8349-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA 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 DISTRICT (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 (IR�, 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: Ordinance No. 8349-12 Page 3 edical clinic X X X X Mixed use X X X X i htclubs; E�K� X X X X on-residential off-street azkin X X X X ursin homes X X X X ffices X X X X X X ff-street arkin X X en s ace }{ utdoor recreation/entertainment X X X X utdoor retail sales, display and/or stora e X X emi t accommodations X X X X X X X X azkin aza 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 Places of worshi X X X X roblematic uses X ublic facili X X ublishin and rintin }{ ublic trans rtation facilities X X X X X X X eseazch arid technolo use X esidential shelters � X X esort Attached Dwellin s X estaurants X X X X X X etail lazas X X X etail sales and services X X X X �X X X X V arks X Salva e azds X Schools X X X X X X X X Seif-stora e warehouse X X Social and communi centers X X X X Social/ ublic service a encies X X X X elecommunications towers X X X X X V/radio studios X X tili /infrastructure facilities X X X X X X X X X X X X X X X Vehicle sales/dis la s X X ehicle sales/dis la s, limited X X Vehicle sales/dis la s, ma'or }{ Vehicle service X ehicle service, limited X Vehicle service, ma'or X eterin offices X X X X Wholesale/disVibution/warehouse 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: Table 2-402. "MHDR" Minimum Standard Development Use Min. Lot Min. Lot Min. Setbacks (ft.) Max. Height Min. Off-Street Area Width (ft.) Front Side Rear(1) ��•% Parking (sq. ft.) Attached Dwellings 15,000 150 25 10 15 30 2/unit Community Residential 5,000 50 25 10 15 30 �+� Homes (6 or fewer residents) 2/unit Detached Dwellings 15,000 150 25 10 15 30 �� 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. Lot Min. Setbacks (ft) Max. Height Min. Off-Street Area �dth (ft.) Fronf Side Rear(1) ��•� Parking (sq. ft.) Assisted Living Facilities 15,000 150 25 10 15 30-40 �-AAA-s�-#� 1 aer 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 a-�k�ait 15,000 150 2/unit Nursing Homes 15,000 150 25 10 15 30-40 "',^�T 1�er 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/Infrastructure 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, Zoning 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 Width (ft.) Front Side Rear(1) �ft-� Parl�ing (sq. ft) Attached Dwellings 15,000 150 1�25 �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 1 per 20,000 SF facilities land area or as 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 oe�;a�.,.:.,i e►.ei��.� �998 �59 �5 a-8 � �8 �99-6fv4 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: ********** ._ .. .. . _ - - _- _ - - _ - _ - - _ _ -�_..:._ _ - 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 Standarrls Use Min. Lot Min. Lot Max. Height Min. Min. Min. Min. Off-Street Area Wdth (ft.) (ft.) Front Side Rear Pa►lcing Spaces (sq. ft.) (ft.) (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/tane, 2/court or 1/machine Mixed Use 10.000 100 25 25 10 20 Based uaon s�ecific use reauirements Offices 10,000 100 25 25 10 20 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 community 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 �5 12/1,000 SF G FA 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 20 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 Development Standards Use Min. Lot Min. Lot Max. Height Min. Min. Min. Min. Off-Street Area �dth (ft.) (ft.) Front Side Rear Parlcing 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 per 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 Clinics� 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 uqon 10,000 specific use repuirements Nightclubs 10,000 100 25 25 10 20 10 per 1,000 GFA Offices �AAB 3.500 aA 30 —100 25-50 25 0-10 10-20 �—�4-sryases — 10,000 pe�AA��€A 3/1,000 SF 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 2�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 �;A99 3.500 �A 30 —100 25 —�5 50 25 0-10 10-20 7--� 12 spaces — 10,000 per 1,000 GFA Retail Plazas 15.000 100 25 —50 25 0-10 10-20 4 snaces per 1.000 GFA Retail Sales and Services �9AA 3,500 �A 30 — 100 25 —�5 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 � 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 �a4 10,000 100 25 25 10 20 4 spaces per 1,000 GFA « (1) Educational facilities, Governmental uses, Medical clinics and Social and community 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 Institutional 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 (CN), Commercial Limited (CU and Commercial General (CG) land use categories Schools shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall reauire a land use plan map amendment to Institutional which shall include such uses and all contiguous 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 contiauous to a parcel of land which is designated as residential in the Zoninq Atlas: 2. The parcel proposed for develoqment 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 intervening land uses, structures or context are such that the location of the stand alone bar is unlikely 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 building which is out of scale with existinq buildincts in the immediate vicinitv of the parcel proposed for develoqment. 2. Side and rear setback: a. The reduction in side and/or rear setback does not prevent access to the rear of anv buildina bv emeraency vehicles. b. The reduction in side and/or rear setback results in an improved site plan. more efficient qarking, or improved desiQn aqpearance and landscaped areas are in excess of the minimum required. 3. The increased heiqht results in an improved site plan, landscapina areas in excess of the minimum reauired or improved desiqn and appearance. ********** � 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 will 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 building which is out of scale with existinq buildinqs in the immediate vicinity of the parcel proposed for develoqment. ********** � N. Outdoor retail sa/es, display and/or sforage. ********** 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 height results in an improved site plan, landscaqinp areas in excess of the minimum required and/or improved desi4n and apqearance; b. The increased height will not reduce the vertical component of the view from any adjacent 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 emerqency vehicles; b. The reduction in side and rear setback results in an improved site qlan, more efficient parkinct 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 may occupv up to 25% of the total gross floor area of the retail plaza. Anv restaurant, or fraction thereof, that exceeds 25% must provide off-street parking at a rate consistent with the parkinq requirement for the restaurant use in the district. 4. All retail plaza buildinqs, including outqarcels, must be unified in terms of color, materials, and architectural style. ********** �F 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 wdth (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 �10 10-20 3-5/1000 SF Recreation/Entertainment 10,000 GFA or 3-5/lane, 1-2/court or 1 /machine Light Assembly 5,00� 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 �10 1�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 2�-50 1�25 0-10 10-20 4-5--spases-peF 10,000 � nnn �rn .,.,a � �� eSide�al-�i� Based upon specific use reauirements Nightclubs 5,000— 50-100 25 15--25 �10 10-20 10 per 1,000 GFA 10,000 Offices 3,500— 30-100 25-50 15-25 �10 10-20 �--4�-spases�eF 10,000 �-,98A�€A 3/1.000 SF GFA Off-Street Parking 10,000 100 n/a 15-25 �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 20,00� 100-200 25-50 1�25 0-10 10-20 1 per unit 40,000 Problematic Uses 5,000 50 25 1�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—�5 12 spaces 10,000 per 1,000 GFA Retail Plazas 15,000 100 25 —50 15 — 25 0-10 10-20 4 spaces aer 1.000 GFA Retail Sales and Services 3,500— 30-100 25--50 15-25 0-10 1�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 � 30,0�0- 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— 5�-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 O�ces e� 5,000— 50-100 25 15-25 0-10 1U-20 4 spaces per 10,000 1,000 GFA (1) Social/public service agencies shall not exceed five acres. � In the Commercial Neighborhood (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 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 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. Anima/ boardinp. 1. The parcel is not contiauous to a parcel of land which is designated as residential in the Zoning Atlas. 2. The use of the parcel does not involve animal confinement facilities that are open to the outside. 3. Animals may have supervised outdoor exercise but onlv between 7:00 a.m. - 9:00 q.m. In no case shall animals be left unsupervised while outdoors. 4. Accessory boardina facilities shall contain waste control facilities and an air- handlinq system for disinfection and odor control. 5. Lot area and width: The reduction in lot area and width will not result in a buildinq which is out of scale with existina buildinas 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 any buildinq bv emeraency vehicles: b. The reduction in side and/or rear setback results in an improved site plan, more efficient parking, or improved desiqn and appearance and landscaqed areas are in excess of the minimum reauired. 7. Front setback: The reduction in front setback results in an imqroved 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 parcel of land which is desiqnated as residential in the Zoninq Atlas; b. The parcel is not located within 500 feet of a parcel of land used for a place of worshiq or a public or qrivate school unless the interveninq land uses. structures or conte� 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 frontage on an arterial street but will not involve direct access to a major arterial street; 2. Lot area and width: The reduction in lot area and width will not result in a buildinq which is out of scale with existing buildinqs in the immediate vicinity of the parcel proqosed for develoqment. 3. Front setback: The reduction in front setback results in an improved site plan or improved design 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 buildinq by emergencv vehicles: b. The reduction in side and/or rear setback results in an improved site plan, more efficient parkina. or imqroved desian 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, landscapinq areas in excess of the minimum required and/or improved design and appearance; b. The increased height will not reduce the vertical comqonent of the view from any adjacent residential qropertv. 2. Front setback: The reduction in front setback results in an improved site plan or improved design and apqearance. 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 parking or improved desictn and appearance; c. The reduction in side and rear setback does not reduce the amount of landscaped area otherwise required. 4. Restaurants within the retail plaza may occupy 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 parkin4 at a rate consistent with the parking requirement for the restaurant use in the district. 5. All retail plaza buildings, includinq outparcels, must be unified in terms of color. materials, and architectural style. ********** �1 Y. Veterinary offices, ********** Ordinance No. 8349-12 Page 13 Section 11. That Article 2, Zoning Districts, Division 8, Tourist District (T), 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: Tab/e 2-802. "T" District Flexible Standard Development Standards Use�'� Min. Lot Min. Lot Max. Min. Setbacks 8e►asi�y Min. Off-Street Area wdth Height�� (ft.)�� Parking (sq. �.) (ft•) �ft•� Front Side Rear Accessory Dwellings n/a n/a n/a n/a n/a n/a �8 1/unit a�►iEs�asFe Alcoholic Beverage Sales 5,000 50 35 10-15 10 20 fNa 5 per 1,000 GFA Attached Dwellingsu 10,000 100 35-50 10--15 10 10-20 �A 2 per unit a�i�slasFe 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 1a-20 a/a 3--4/1,000 GFA Indoor 5,000 50 35-�A8 �15 0-10 20 fl/a 10 per 1,000 GFA Recreation/Entertainment 50 Medical Clinic 10,000 100 �A 35- 1�-15 10 20 �A 2�5/1,000 GFA 50 Mixed Use 5,000 - 50-100 35--50 0-15 0-10 10-20 38 Based upon 10,000 af►i�sFasFe specific use requirements Nightclubs 5,000 50 35 15 10 20 c►/a 10 per 1,000 GFA Non-ResidentialOff-Street n/a n/a n/a 25 5 10 a/a n/a Parking Offices 5.000 - 50 -100 35 - 50 a-9 0- 0-10 10-20 a!a 3-4-s�ases-�eF 10,000 15 a-;AAA-6�A 3/1.000 SF GFA Outdoor 5,000 50 35 10-15 10 20 r3/a 2.5 spaces per Recreation/Entertainment 1,000 sq. ft. of lot area or as determined by the communiry development director based on ITE Manual standards Overnight Accommodations 20,000 100— 35-50 1�15 0-10 10-20 4A 1.2 per unit 150 feeff►s/asF e Parking Garages and Lots 20,000 100 50 15-25 10 1�-20 �Na n/a Parks and Recreation n/a n/a 50 25 10 20 +�a 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--5Q 10-15 10 10-20 �9 1.5 per unit Dwellingsu t�i�slas�e Restaurants 5,000— 50-100 �5—�5 a-9 0- 0-10 10-20 �a 7- a-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 �a 4-5 spaces per 10,000 15 1,000 GFAu Social and Communiry 5,000— 50-100 3�-50 10-15 0-10 10-20 �!a 4-5 spaces per Center 10,000 1,000 GFA Utility/Infrastructure n/a n/a n/a 25 10 10 a!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) 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/Utiliry which shall include such uses and all contiguous like uses. ,(5� For those properties within the boundaries of the Retail/Restaurant District. as established by Beach by Design, off-street parking shall not be reauired. � Swimminqpools and/or decks in conjunction with a swimming t>ool that are accessorv to either an attached dwellin4s, ovemiqht accommodations. or resort attached dwellings �rincipal 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 dwellings. 1. One accessorv dwellinca that is subordinate and accessorv to a principal permitted use. 2. Title to the accessorv dwelling is vested in the ownershiq of the principal use. 3. The floor area of the accessory dwellina does not exceed 25 percent of the floor area of the principal use. ********** D. Bars. 1. Location. The parcel proposed for development is not contiauous to a qarcel of land which is desiqnated as residential in the Zoninq Atlas; 2. The desian of all buildinas complies with the Tourist District desiqn quidelines in Division 5 of Article 3. ********** � K. Offices. Ordinance No. 8349-12 Page 15 4 Tl�e ��e.e �f 4he n�rnel nrnnn�viJ fnr rlevelnnmen4 fr�n4c. nn 1�� + uiill n�4 inv�lve �ric-aa , 7 All e�innpg� '+ r��rF �f �F�c n�mr�rcR��a�ie niirn r�r�nr�+m• � 1. Lot area and width: The reduction in lot area 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. 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; evnec.c. .,f +he minim� �m rcn� �irei+l � (l#_e�+roof n�rLinir• ��pa� ��ie n�rLinr� ic ��i�il�hlc nn � c�h�rnr! F�.�c�ic� �c� rIc#ermine� F��i �11 "`7 e r � f M�' M�� 6 4. Height: The increased height results in an improved site plan or improved design and appearance. #4 M. Overnight accommodations. 10. Accessory uses. b. The maximum interior shall b development; ***�****** ********** ********** floor area for accessory uses located within the building e limited to #�+ 15 percent of the gross floor area of the ********** R 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; nnnee�c� �� n m�inr �r4cri�l ��rcef• �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; 65. 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. 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 plazas. 1. Heiqht: The increased heiqht results in an improved site plan or improved desiqn and appearance; 2. 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 qlan or improved desian and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of anv buildinq bv emerqencv vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parkinct or improved desian and appearance; e. The reduction in side and rear setbacks does not reduce the amount of landscaped area otherwise reauired. 3. The desiqn of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 4. Restaurants within the shoppinq center mav occupv up to 25% of the total 4ross 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 parkina reauirement for the restaurant use in the district. 5. All shopping center buildinqs, including outbuildings, must be unified in terms of color, materials, and architectural style. Ordinance No. 8349-12 Page 17 � T. Retail sa/es and services. 1. Lot area and widfh: 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; �_�en�,�G�,n: The � �c�c �f �{�e r��+rnel r�r�r��e�eiJ f�r rle�iel�nmeni u�ill n�� in�i�lvo rliron� �+nne�+�+ In � mni�r �r�cri�l c��rnc�• e �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. Beas�y Min. Off-Street Area wdth Height Front Side Rear Parking (sq. ft.) (ft.) (ft.)�'� (ft.)�'� (ft.)�'� (ft.)r�� Alcoholic Beverage Sales 5,000 50 35-100 �15 0-10 10-20 �/a 5 per 1,000 GFA Attached Dwellings u 5,00� 50-100 35-100 �15 0-10 10-20 �0 2 per unit 10,000 �+tsEasFe Ordinance No. 8349-12 Page 18 Bars 5,000 50 35--100 0-15 0-10 10-20 10 aer 1,000 GFA Comprehensive Infill n/a n/a n/a n/a n/a n/a 39 �-s�ases� Redevelopment Project �� a�� 4A aai�-aad-as fee�6E26Fe deter�iae� 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 3�100 0-15 �10 10-20 �Ga 4-5 spaces per Display 1,000 GFA Marinas and Marina 5,000 50 25 1�15 0-10 10-20 �/a 1 space per 2 slips Facilities Mixed Use 5,000— 50-100 35-100 0-15 0-10 �20 �A Based upon 10,000 a+�i�asFe specific use requirements Nightclubs 5,000 50 35-100 0-15 0-10 10-20 rala 10 per 1,000 GFA Offices 5.000 – 50 – 100 3�100 �15 0-10 10-20 n/a �--4-spase�peF 10,000 a-;AAA-6�A 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 Overnight 10,000 100— 35-100 0-15 0-10 0-20 4A 1-1.2 per unit Accommodationsu — 150 fee�►s/asFe 20,000 Resort Attached 5,000— 50-100 35-100 0-15 0-10 10-20 �8 1.5 per unit Dwellingsu 10,000 at�►�s/asFe 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 per 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 proaerties within the boundaries of the Retail/Restaurant District, as established by Beach by Design, off-street parkinc,�shall not be required. � Swimminqpools and/or decks in conjunction with a swimming pool that are accessory to either an attached dwellings, overnight accommodations, or resort attached dwellinQS princiaal use on Clearwater 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 qarcel proposed for development is not contiauous to a parcel of land which is desictnated as residential in the Zoninq Atlas; 2. Heiqht: The increased height results in an improved site plan and/or improved design and aapearance; 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 emerQencv vehicles: d. The reduction in side and rear setback results in an improved site plan, more efficient qarkinq or improved desiqn and appearance; 4. The desian of all buildinqs comqlies with the Tourist District desiqn quidelines 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; a�a�� +��fe�—abe�e-�he f+nisk�ed��-��^{�,�„�f�et��-let�;,�,�^{ +he ^��^e ; 2. Lot area and width: The reduction in lot area will not result in a buildina which is out of scale with existina buildinas in the immediate vicinitv of the parcel 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; �54. 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. 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 #e+� 15 percent and � 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; ; �2. Height: The increased height results in an improved site plan and/or improved design and appearance; 4. C�irrr�n• AI� �+ii+r+ i+f nn�i Lir�r1 ic� rlec�innerl nr Inn�4erl �+n 4h�4 �r��i r�nrFinn ni �he c.ivn ie� pr��' - -'�" - -'� ' =.�,.� ..3 �=._. . ... _..� . ..... mvre ��c� �+h�.ie ihe fini�h�� r.rnrle nf 4he frnr�4 In4,�T i♦he n�rncl nr�r��c�� fnr rle�i r�rv� 4 ��nloc�r 4he �+inn ic� � n�rF nf � �e� prvpvv �vrvt.r�pn��ir-rn-rrcaa�•ar3rT� �-$i��i � �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. Retail p/azas. 1. Heiqht: The increased heiqht results in an improved site qlan or imqroved desiqn and appearance; 2. 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 desian and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of anv buildinq bv emeraency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient qarkina or improved design and appearance; e. The reduction in side and rear setbacks does not reduce the amount of landscaped area otherwise required. 3. The desiqn of all buildings complies with the Tourist District desian puidelines in Division 5 of Article 3. 4. Restaurants within the shopping center may occuqy up to 25% of the total aross floor area of the shopping 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. All shoppinq center buildinqs, including 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 .7�1 per unit Parking Garages and Lots 5� 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 .�-1 per 2 seats Public Transportation Facilities 10 n/a Restaurants 3�50 5-�510 per 1,000 GFA(1) Retail Plazas 30 - 50 4 per 1,000 GFA Retail Sales and Service 30-50 2� per 1,000 GFA(1} Social and Community Centers 30-50 2� 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 between Osceola Avenue and Myrtle Avenue that have no existing off-street parking spaces, nor the abiliry 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 follows with subsections re-lettered as appropriate: ********** Flexibility criteria: ********** D Bars. 1. Height: The increased heiaht results in an improved site plan and/or improved desiAn and appearance; 2. Off-street parkinp: a. The physical characteristics of a proposed buildina are such that the likelv uses of the property will reauire fewer parkinq spaces per floor area than otherwise required or the qhysical context, includinq adjacent buildinas and uses are such that there is a hiqh probabilitv that patrons will use modes of transportation other than the automobile to access the use; b. Adeauate parking is available on a shared basis as determined bv all existina land uses within 1,000 feet of the parcel proposed for development or parking is available through any existinq or planned and committed parkinq facilities or the shared qarkinq formula in Article 3, Division 14; 3. Desiqn: a. All street frontaqe is desiqned and used for commercial purposes; b. The desiqn of all buildinqs complies with the Downtown District desiqn ctuidelines in Division 5 of Article 3. ********** Ordinance No. 8349-12 Page 23 P. Retail plazas. 1. Heiqht: The increased heiqht results in an imqroved site plan and/or imqroved design and appearance; 2. The design of all buildings complies with the Downtown District desiqn quidelines in Division 5 of Article 3. 3. Restaurants within the shoqqinct center mav occupy up to 25% of the total aross floor area of the shopping center. Any 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 shoppina center buildings, including outbuildings, 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 Boardina 30 4�er 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 3�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 s ecific use requirements Nightclubs 30-100 3-10 per 1,000 GFA Offices 3�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–�5 10 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�-eF-A+�i►�a1 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 buildings/properties 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 2-903, Flexible Development, Community Development Code, be, and the same is hereby amended to read as follows with subsections re-lettered as appropriate: ********** B. Animal Boardina. 1. The parcel is not contiauous to a parcel of land which is designated 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 may have supervised outdoor exercise but only between 7:00 a.m. - 9:00 p.m. In no case shall animals be left unsupervised while outdoors. 4. Accessorv boarding facilities shall contain waste control facilities and an air- handlinq system for disinfection and odor control. 5. The desian of all buildinas complies with the Downtown District desiqn 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. Lof Max. Height Min. Setbacks (ft) Min. Off-Street Area �dth (ft.) (ft•) Front Side Rear Pa►lcing (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 Parking (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 3,500 – 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 TV/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) Utiliry/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 Flexibility 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. 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 buildings in the immediate vicinitv of the parcel qroposed for development: 5. Front and rear setbacks: The reduction in front and/or rear setbacks result in an improved site plan, more efficient parking or improved design and aqpearance. ********** J. Restaurants. 1. The use is located in a building which is primarily used for office purposes; '� TF�c rcc+}n� �r.�.�+ rlr�e�+ n�4 .�.nn� �n�i rnnrc 4h�r� 4er� r�ernen4 r.f 4F�e flnnr �rc� nf 4i�e z-r-n r �2. 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 focated in a building which is primarily used for office purposes; 7 TF�e re��+il c�•+Ice� nniJ c�eniine ��c�e rl�c�+ n�4 �nn� �r�v m�re �hnr� 4cn r�erner�� nf 4he 2. The total floor area devoted to retail sales and service use and restaurant does not occupv more than ten percent of the floor area of the buildina 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 2-70Q4. "O" District Flexible Development Standards Use Min. Lot Min. Lot Max. Height Min. Setbacks (ft.) Min. Off-Street Area Width (ft.) (�•) Front Side Rear Parlcing (sq. ft.) �Na +�/a +�/a r�Fa r�Fa r�a �►i� 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 5l1,000 GFA Mixed Use 3,500 50 30-80 15-35 10-20 10-20 , .,ao� f261�2R�12��lRF� Based unon s�ecific use reauirements Nursing Homes 20,000 100 30-50 15-35 10-20 1U-20 1 per 2 residents 9#�ices �;�BA aA �9 �5--35 a-A--�A �6—�A #�es#a�a�t +�,Ga �►!a r�da f�/a �►!a �a +�/a �/a Flf�t �a #a +�/a fl/a fNa 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: . . , . ; '1 I�� nren i e n nni rl�uell' e. n�� ne 7C. rnen4 �f Ihe Flr.�r �—T�? �vvC' crrcer6 �k1�ci6v2S'rsvr�-u��cnTl�-�Ac°�-rrvr2i(vc2� cv-�8rvcnrvrznc�rvvr * * * * * * * # # * � (lfFinoo ��7'+r. a. Tho ir�nrc�c�vi-) hcinh� rec.� �I}c� in nn imr+r�vorl c�i}c r�lr.n I.+nrlc�n.+r�in� .+�c.+c. e i c♦h,� finic�{� nr�+rlc nf ♦i+e ir� I�# line �f ♦L�e r� ....1 F�}6fL'�--��is}H��P��6�F��rn..��r�rr2��rua�vr-mc-rrvi��-rvc-rrrT }h�+ +he IiLohi ��c�ec� .,f +he r�r�r�erFv �uill ren� �ire fe�uer r»rLir�n c+rnnee. ner fli+.+r �+re�+ Ordinance No. 8349-12 Page 28 ; h Thc r�� i�n in c.i.�le �+nrl/�r re�+r c.e�h�nL rec.� �I�c. in .+n imr�rr��ierl c�ife r�l� ��r car� irrrpi v r ca�rr�prcr� •7TSL�T•T �..� ��f..il n.+/en .�.nid no�iineo . r 7 TF+ re� il c� lee nr�A c.en 'ne � ��+s rinec� nn� nnn� �r��i m�re ♦h�+n 4er+ r�ernen4 �f tF�o � vv� � v� a� w r ,`� AI� inr� nf �+n�r Linrl r�terl �� ♦he rot�F�.��r.��„�+�,�i�sc ic� rloc�inncri �r �� rFinn i+F 4ho c�i �TJ �ere �4+�±n c�iv feef Mh�,..o_+Mo finiche�i . ' n rv�ni�r �rFcri�I .C�rcc# • * * * * %k * * * * * 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, �•�"^,�,o;°�.;� ;,�,�,� �—�„a��s°�� 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 Redevelopment 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 S�a�a� Development Standarc/s Uses Min. Lot Min. Lot Min. Setbacks Max. Height Min. Off-Sfreet 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) 28,89A n/a �99 n/a �9 n/a �5 n/a �A n/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 communiry 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 �99 100 20 15 50 a-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 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. O�ces located in the Industrial Limited (IL) future land use cateaorv are not permissible as a Minimum Standard Develo�ment. (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 shalt 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 senrice 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: Tab/e 2-1303. "IRT" District Flexible Standarri Development Standarrls Uses Min. Lot Min. Lot Min. Setbacks Max. Height Min. Off-Street Area �dth (ft.) (ft.) (ft.) Parking (sq. �.) Front" Side/ Rear Animat Boardinq 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 3l1,000 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— 10a-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—� 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 TV/Radio Studios 10,000 100 20 15 50 4/1000 SF GFA Utility/Infrastructure 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 Office�a# 10,000 100 20 15 30 5/1,000 SF GFA 6Feea�g Wholesale/Distribution/Warehouse 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 recreationlentertainment 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 Transportation/Utility 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 categorv 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 boardinq. 1. The parcel is nof 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 may have supervised outdoor exercise but only befinreen 7:00 a.m. - 9:00 p.m. In no case shall animals be left unsupervised while outdoors. 4. Accessory boardinq 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 Developmenf Standards Uses Min. Lot Min. Lot Min. Setbacks (ft.) Max. Height Min. Off-Street Area wdth (ft.) Front"' Side Rear �ft.) Parlcing (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 diFesteF 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 , 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 Se4€-�eFage �&A98 �A8 �A � �-5 �A , ..,,� �rL�� .,:•� �� a�aAaQe�s-e#fise 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 plan map category or exceed 25 percent of a �roject in the Industrial General land use plan map cateqorv. 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 contiguous to a parcel of land which is desiqnated as residential in the Zonina Atlas; 2. The use of the parcel proposed for development will not involve direct access to a major arterial street; 3. Adjacent land uses are of a nature that there is a hiah probability that qatrons 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 cateaorv 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 principal use to which it is accessorv. ********** rlc�iol�r�mon4 �Mnn fi�ie feel �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 dockslslips. , ., i) No more than one dock structure shall be located at a sinale- familv or two-family dwellinq. ii) In the event that two or more proqerties each alreadv havinq a dock are combined, then onlv one dock mav remain. iii) No dock shall provide more than two slips for the moorinq of boats, exceqt as houseboats may otherwise be aermitted consistent with Chapter 33 of the City's Code of Ordinances. Slips shall be for the exclusive use of the residents of the conti uous upland proqerty. 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�tht requirements. The following setbaclF-a�a� height requirements shall apply to all fences, and walls, except chain link fences. A. Front set�iasl�. 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 ioning 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 a-�e�e� �et�a� front of a qrincipal 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. #e�s� B. Side and rear . �--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. �eser-�ec� Landscapina repuirements. Any fence or wall that exceeds three feet in height and is located befinreen a principal structure and anv riqht-of-way shall provide a three foot wide landscaped strip on the right-of-way side of the fence. Ordinance No. 8349-12 Page 36 D. Comer lots. 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 #fe�aslE provisions in Section �-�A4{A3 3-804.A., above. The other side of the property shall be considered a side �a�: R and a fence may be erected in this area in compliance with the si�e-�a��e#basl� provisions in Section 3-804.B., above1 provided_ ��. {°�� 1. The fence is consistent with the character and placement of any structures and setbacks on the adioining properties, includinq the placement of the fence on the property (ine. 2. However, if the side of the propertv is adjacent to a riaht-of-wav that would be classified as an arterial or collector right-of-wav bv the City Enctineer, 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 provisions in Section �-�84{A� 3-804.A., above. The e#�ieF opposite side of the property shall be considered a rear �A and a fence may be erected in this area in compliance with the sIE 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 t#�ese the above conditions cannot be met, such fence in the rear �efbaslE shall not exceed three feet in height. 4. However, if the rear is adiacent to a riaht-of-way that would be classified as an arterial or collector riqht-of-wav bv the Citv Enqineer, then the fence mav be constructed consistent with the provisions in Section 3-804.B., above, reqardless of anv 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. Retaininq walls, not includinq those walls associated with a detention pond which are rectulated by Section 3-901, mav 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 heiqht unless otherwise reauired to be of a preater heiclht to satisfv and environmental or engineering need as determined by the City Enaineer. H. An eauivalent combination of fence, wall, landscape berm or retaininq 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 heiqht 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 #�ie front �-se��aslFa�ea 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 ', a�eve structure. C. Side and rear �et�iaslES. 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 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. . . , , , , -� . , F. Vacant lots. In all zonina districts except for the Downtown District, chainlink fences, clad with qreen or black vinvl are permitted to secure anv vacant lot. Such fences shall be limited to a maximum height of six feet and are subiect to the requirements of 3-805.D.. above. Upon development of the vacant lot, alt chain link fencina shall be removed. G. Publiclv owned /andbanked properties. A six foot high qreen or black vinvl coated chainlink fence shall be permitted around the qerimeter of any publicly owned landbanked property and shall be exempt from the landscapina 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. O�iF�linhi ��in ��Cr[ .i�7.��A—#ee��—c,�ee� L�iir��il n�.�4cq BG. Visibility triangle. All fences and walts shall comply with the sight visibility triangle requirements in Article 3, Division 9. C. Subdivisions. 1. Parcels of land within a subdivision which, in coniunction with the approval of the subdivision, were reauired to have a fence and/or wall shall not be permitted anx additional or substitute fences or walls which otherwise contravene the qeneral purpose and uniformitv afforded bv the approved plan. 2. A six-foot hiqh 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 qranted by the communitv development coordinator or desiqnee 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 buildinqs during construction. 1. Allowable within the C, T. D, O. I and IRT Districts; 2. Allowable onlv for the duration of an active building construction permit. All temporary buildings must be removed prior to the issuance of a Certificate of Completion or Certificate of Occupancv, as aaplicable, for the permanent buildinQ; 3. All temporarv buildinqs must meet the setbacks applicable to the permanent buildin � 4. An adequate area for parkinq must be provided on-site that would accommodate the parkina needs of the temporary buildina; and 5. The temporarv use permit may be revoked if it should be determined that construction on the permanent 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). Ordinance No. 8349-12 Page 39 �ui4h �he re�v��ircmcr+4c� �F Ccn4i�n n�n�ie� �nrl /C\ 4� 4hc nnmm��nihi e�icvelt�r�mon� m C ♦i�n il_ (f�\ nr�iJ /�l\ nr�rl r! v26rrvr�T�$��v �rE�2FF� I FF2—iAF�i�E3F'�i} � 1. An applicant for a Level One approval (minimum development standards) shall submit an application in accordance with the requirements of Sections 4-202.A and F to the community development coordinator who shall review the aqplication 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 workina days of a determination of sufficiency, the community development coordinator shall approve the application, denv the application or apqrove with conditions necessarv to make the proposed development conforming with the applicable aeneral and sqecific requirements set out in Articles 2 and 3 including the provisions of Section 3-914 in reaard to general standards for approval conditions. 2. It is acknowledged that changes of use mav be proposed wherebv conformance with all of the aqplicable aeneral 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 development standards between an existina use and a proposed use that is permissible as a minimum standard use in the zoninq district of the subject property, 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 regard 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 existing use and a proposed use that is permissible as a minimum standard use in the zoning district of the subject propertv, but the proposed use would have a lesser impact, then the change of use mav be processed as a Level One (minimum standard) approval even if the structures and/or properties involved are nonconforminq with regard to said development standards, provided that the site is brouqht into comqliance to the areatest extent practicable with the parkinq and landscapina standards set out in Article 3. c. If there is a difference in the established development standards between an existina use and a proposed use that is permissible as a minimum standard use in the zoninq district of the subiect property and the proposed use would have a qreater impact, but still meet the parameters established below, then the change of use may be processed as a Level One (minimum standard) approval even if the structures and/or properties involved are nonconforminq with regard to said development standards. provided the site is brou4ht into compliance to the qreatest extent practicable with the parking and landscape standards set forth in Article 3. Ordinance No. 8349-12 Page 40 1. The building or tenant space, as applicable, is less than 5,000 square feet: and 2. The chanae of use cannot create a nonconformina situation with reqard to the provision of off-street parkina. In the instance where the existinq use is currentiv nonconforming with reqard to the provision of off-street parkinq, the resulting 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 only include office or retail sales and services); and 4. If the existinq development was part of a Level Two (Flexible Development) development approval, then the proposed chancte of use must comply with the provisions of Section 4-406. d. With regard to the above provisions, "lesser impact" and "areater impacY' shall be based upon the difference in develoqment standards befinreen 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�ir�C+-e� boarding � means a use where animals are kept on a temporary basis in conjunction with g�ee�i+�-e� overnight boarding. ********** Bars means anv establishment licensed bv the State of Florida for consumption of alcohol on the premises which is devoted during anv time of operation predominantiv or totallv to servina alcoholic beverages and in which the serving of food, if anv, is merelv incidental to the consumption of anv such beveraae� and the licensed establishment is not located within, and does not share any common entrywav or common indoor area with any business for which the sale of food or anv other product or service is more than an incidental source of aross revenue; and seatina/tables accounts for at least 75% of the total aross floor area of the use. ********** Niqhtclubs means a commercial establishment wherein alcoholic beveraqes are sold and consumed on the premises and has entertainment, includinq, but not limited to, a dance floor, a band orchestra disc iockev and equipment a staqe for comedy, theatre, or other forms of live entertainment but excludina adult entertainment. The dance floor or open space mav be established by the temporarv removal or re-arranaement of furniture or tables. Anv establishment that charc�es a cover charae door charge, reauired contribution, or one time membershiq fee (excludinq social and communitvi centers) or has a minimum drink purchase reauirement will be designated a niqhtclub. , , ********** Retail plazas means a buildina or group of buildinas on the same property or adjoininq properties but operatinq as and/or qresentinq a unified/cohesive appearance and aenerallv 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 interchangeable uses includinq qovernmental, indoor recreation/entertainment, office, restaurant, retail sales and service, and social/community center. In addition, bars, medical clinics, niqhtclubs, and places of worship may also be incorporated into retail plazas subject to their approval throucth the applicable Level One (Flexible Standard Development) or Level Two (Flexible Development) aqqroval process and meetinq their respective flexibilitv criteria. ********** Retail sa/es 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 aroominq, 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 buildinps durinq construction means a buildinct that may be used to accommodate the principal use of a proqerty in those instances where the permanent buildinq 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 equipment, 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 August 1 6, 201 2 Ordinance No. 8349-12 Page 42 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: � ' � � l�- Leslie K. Dougal - i es Assistant City Atto y September 6, 2012 - �P..r�fLe nC� e ��OS George N. Cretekos Mayor Attest: Rosemarie Cali City Clerk i ^ G-� (Y � TNf � I 1 �� . .�,►� , , 1 a;. � r � � . Ordinance No. 8349-12 Page 43