5656-94 ORDINANCE NO. 565694
AN ORDINANCE OF THE CITY OF CLEARWATER., FLORIDA,
RE}_ATIN TO THE LAND DEVELOPMENT CODE; CREATING A NEW
DIVISION 23A WITHIN CHARIER 40, CODE OF ORDINANCES, TO
ESTABLISH A ' DOWNTOWN/MIXED USE DISTRICT; AMENDING
SECTIO 441 .053, CODE OF ORDINANCES, . TO ESTABLISH
SUPPLEMEI TARY CONDITIONAL. USE STANDARDS FOR CONDITIONAL
USES ` PR01' IDEQ IN THE DOWNTOWN/MIXED USE DISTRICT*
PROVIDI�44G AN EFFECTIVE +DATE.
BE IT RIDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEAR fATg.R, FLORIDA: j
Section 1 .` ; Chapter 40, Cade of Ordinances, is amended by the creation of
a 'new Division 23A, , consisting of Sections 40.471' through 40.476; to read:,
Division 23A. Downtown/Mixed Use (D/MU)
Sec: 40.471. Ge4er� 1 description.
This performance-based zoning district is created to promote redevelopment
of existing commercial and mixed use areas proximate to downtown, Clearwater.
Sec. 40.472. Est,abil g<Aha ent/contraction
It is intended that four acres or more be provided to establish la new
downtoWn/mixed usle district and that no existing downtown/mixed use district be
'Contracted to are `a�ea of less than four. acres, unless the city commissllion by
ordinance determine) that a reduced area is in the public interest.
Sec. 40.473. PeOmitted uses.
Within downtown/mixed use districts, only the following uses (and
structures designed to serve such uses) shall be permitted:
(1) Multiple family dwellings.
retail 2
Indoor r r.tail sa yes.
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(3) Res taura'nts.
(4) Business/professional offices.
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oratories.
� o Meaica ► :c l inicsi 1a
(6) Nonprofit social or community services.
7) Commercli a l or trade schools,.
(8) Accessory dwellings.
� ' dwellings.
(9) In�.er;val ownership and timeshare dw s.g
(10) Remote switching stations.
(11) Art gal,leries`/studios.
;(12) Funeral homes.
(13) ;, Hotels/,
els.
( 14) Accessory uses.
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4 474. onsiti!Dnal uses. II
Within downtoWn/mixed use districts, the following uses may be permitted
as conditional oses;:
1 Indoor stora 'e and/or warehousing.
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(2) Alcohol:ir beverage sales (consumption on premises) .
(3) Alcoholic beverage sales (packages sales)..
) 91ranslpolrtatibn_ .._>vations.
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Veterinary offices.
(6) .Wholesailin /distributin
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17) ilarina 'fcilities
(8) Residential shelters.
;g) Noncommercial parking.
X10) Manufacturing uses (( including research facilities and laboratories;
photographic processing facilities, printing and publishing facilities;,
production of confectionery or baked goods, and assembly of electronic comronent!s
and precision instriuments) .
(11) 0utdoor; i^,tail sales , displays and/dr sLorage.
(12) Child day care.
(13), Business services.
(14) Personal services.
(15) Gasol;in'e stations.
Sec: 40.475. Use 11imitations.
1 Al1 ' alcoholic beverage sales shall com 1 with) th the revisions o
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sect ion 41 .071 add Ic;hapter G.
2) Acces'sor+r uses shall comply with section 41.121.
(3). . Marina facilities shall be located only on waterfront propertJ� where
condit4nal use approval for a commercial marina has been obtained for such
properly.
4) No operations or activities associated with any permitted use shall
be conducted outstidI any enclosed structzres unless specifically permitt6 d as a
conditional use.
5) Any emissions into the atmosphere associated with any use shall be
odorless and colorless, and pose no risk to the health and safety of persons in
the vicinity of t'he use.
15) All >uses whether permitted, conditional or non'confo9 ming, s6al1 be
conducted in r nP9s9pijanre with the -urn r! ri r �
v9�4.. L9�1. :a�ztaiuu+ u� cvilLa iiicu, iii JCC.LIUCIS 1+ -
42.31 , 41.32, and 42 85.
(7) For properties west of Osceola Avenue, indoor retail sales ,
restaurants , business/professional offices , medical clinics/laboratories',
nonprofit social or� community ,services, commercial or trade schools , accessory
dwellings, r emote sv;vit.ching station's , and art gal leries/studios uses shall l only
be al lowed as accessory uses to multiple family ;residential uses contai,ning a
minimum of 100 dwelling u;nits.,
Sec. 40.476. Dime' nsiional and numerical idevelopment requirements.
The following dimensional and numerical requirements shall apiply to
development' within downtown/mixed use districts:
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1 Max��mu m de;� •.M t y:
a. 25 dwelling units or 40 hotel/motel units per gross a(lre for
prepiertles containing less than two acres.
b. 50 dwelling units or 80 hotel/motel units per gross as re for
pro0er,ties containing two or more acres.
(2) Minimulr lot area:
a. For ultiipl �a
m se Emil hotel motel outdoor storage and manufacturin
e _ .7 1 .. �. I g g
uses$: a 30,000 square feet. :
b. For other uses: 7,500 square feet.
(3) Minitu� lot width at setback line: 75 feet.
4) Mini;musn lot depth: 100 feet.
(5) Mini`mugn setbacks: Structures shall be afforded setback! which
measure not less than hereinafter referenced nor less than any higher standard
which may be appli6aible to a particular property in accordance with 'the uniform
development regullations contained in chapter 130,
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a. Prin'cipal and accessory structures:
,om a street right-of®way: Structures with a heigh of 20
feet or 1ess lshall have a required setback of 10 feet: Structures with a
height grept6r than 20"feet shall have a required setback equal to 20 feet
plus 25 pqr cent of the height of the structure above 20 feet, p to a
Amax imum re�qu�rled setback of 35 feet.
2. !-rom a side or rear property line: Structures with` a height of
20 feet ors l�ss shall have a required ,setback of 10 feet. Structures .with
a height greater than 20 feet shall Piave ,a required setback equal to 10
feet plus 25; per cent of the height of the structure above 20 'feet, up to
a maximum ',re uiired setback 'of 35 feet;
3. i rom an adjoining residential zoning district (side and rear
property l,in�s only) : Structures with a height of 20 feet or less shall
have a regbted setback of 20 feet. Structures with a height greater than
20 feet shall have a required setback;; equal to 30 feet.
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b. Reserved.
(6) MaxiCnu height:
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a. For hot=el/motel and resi'dentiai ' uses
1 . F"cr properties east of Osceola Avenue - 120 feet, exceipt that
such height 1i'mitation shall ; where applicable, 'be' increased or reduced in
accord with the height bonus provisions, airport restrictions, and other
regulations contained in section 42.23.
2, Fcr properties Wiest of Osceola' Avenue - !80 feetr except that
such height Ili mi tat i on shall , where applicable , be increased or reduced in
accord with the height bonus' provisions , airport restrictions, anld other,
regulations Contained in section 42.23.
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For olthLa r uses _ 35 feet, except that such height l i; itat ion shall
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There applilcable, be increased or reduced in accord with the heig'ht bonus :
prov ision ,` airport restrictions;, and other regulations c , .ta1� d in
section 42.'231
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(7) 'Minimumi open space:
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a. For t!he' lot: per cent of the lot area.
b: for the f ront yard: 50 per cent of the front yard area.
( MaxiM,um loor area ratio; 1 .0.
(g) Minimum )building separation' distance within a development: Each
building within a dE valopment shall be separated from each other building within
the same development by,a distance equal to 40 per cent of the sump of the heights
of such two adjacent buildings, but in no case shall the separation distance be
less than 20 feeti. !
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(.10) MaximlumibuiIding coverage: 50 per cent.
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Section 2. Section 41 .053, Code of Ordinances, is amended to read:
Sec. 41.1'0:53. Supp!i ernentary standards by category of use.
(5} Childt d'ayr care centers may be permitted within the imitod: o fice
genera , office, nei hborhood commercial , commercial center; downtownfmied use
publiclsemipublicl, limited industrial , .and research, development and office park
districts subject} t the following:
a. '. Suff;ibi nt on-site outdoor,* play areas shall be provided znd so
designed as to ensure user safety.
b. , ppro rIate on-site loading and unloading , areas shall be provided
which; alr6i sufficiently distant from other trafficways so has to
ensure L'iser safety.
c. Within the research, development and office' park and limited
industrial districts, , the use shall be ancillary to another
permi tte d:,j,or conditional use or , shall provide, as its primary
purpose, '' serv'ice to a , property containing another pei ittlred or,
con�Iifir'IN„al I,,Se in +s,e, appl cable di;tr�ct.
d.
The us e shall comply with all of the general standards contai ed in
section 141 .052.
(13) Indoor storage; and/or war•ehous i ng may be permitted within the g anera
commercial , downtown/mixed use and highway commercial districts ) upon
determination that:
a� The building size, length and appearance shall be be and in
scale with other buildings in the immediate area.
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b. All doors shall be oriented so as to be least visible from 'pu l is
rights-of_iwav and surrounding properties.
C, The use shall c oMp,ly with all of the general standards contained in
preceding paragraph (b) .
(17) Manufactur i ng uses may be provided in the down town/mihed use and
rese:arch, developme>�t and office park districts upon determination that:_
a. The hours of operation are compatible with surrounding uses®
b. The volume of traffic generated by the use is compatible � ith
surrounding uses;
Any noise generated by the use is compatible with surrounding ul es;
cam. In downto�gfrimixed use districts , a minimum lot size of 3 ,000 sure
feet shall be orovided for the use, and
e4: The u.se: complies with all of the general standards containe(� in
section; 41 .052.
a.
(18)', Marina ,faic i l i pies ma y be permitted, except as provided in � his
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section , in the beach commercial , resort commercial' 24 and 28', general
commercial , downtoy�n/u.ixed use , research, development and office park , and
public/semi-public dis ricts, subject to the following:
a. Marina !fac i 'I hies are prohibited from locating in the fol loving
areas twh,ich have been identified as areas of 'high' or moderate
environmental significance: The north end of Clearwater Beach,
Clearwater Harbor grass beds , Cooper' s Point, Clearwater Habor
spoil islands , Sand Key Park , and the southern edge of Alligator
Lake.
b. All proposed activities including, but not limited 'to, fueling ,
pumping-out, chartering, living-aboard , launching, dry storage, and
the servicing of boats , motors:, and related marine equipment, shall
require specific approval; by the planning and zoning board in order
to be permitted
c. A cc�m,aercial marina facility l ity operated as a primary use shai l not be
located'adjacent to a residential 'di strict,unless the owner provides
screenipg or landscape buffering in accordance with section 42:27.
for marina facilities located adjacent to residential districtsl, no
fueling or launchina facilities shall be located within 20 feed: of
the residential property line , and no fueling or servicing of boats
shall occur at such marinas after 9:00 p.m. or before 6:00 a.mi
d. No fuel storage facility or sanitary pump-out station holding ;tank
shall be located over water.
e. The marina facility shall pose no hazard or obstruction to
navigation , as determined by the city harbormaster.
f. iliew corridors shall be preserved across the property in accordance
with the standards set forth in section 41 . 131 .
g. The use small not adversely affect the environment, including both
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on-s'hor and off-shore natural resources.
h. The `o,4ndr shall provide evidence to the Public Works Department of
suffici =nt and acceptable wastewater treat: nt to serve the project
i . for coastal areas , the owner shall provide to the City an'acceptable
Manatee F'rotectioil Plan. Appropriate speed zone signs shall be
posted to control boat speed for manatee protection.
The owner shall provide evidence of adequate spill containment areas
on the subject property.
k. Landsido sanitary facilities or a sanitary pump-out station shill be
provided ' 'shall be available to marina users 24 hours a aJay.
1 . The aseashall ;comply with all of the general standards contained in
sect<i6n 41,052;
M. In the le gent of conf 1 i ct between these standards and federal or
state11Ow or rules, the federal or state law or rules shall apply to
the ext h;t that these standards have been preempted. Oth�rwis , the
more stringent regulations shall apply.
(2O) Noncommercial parking may be permitted within the residential
limited office, general office, neighborhood commercial , North ; Greenwood
cbmmerci'l , downtowin/mired use, highway commercial , and limited indu.`trim
districts upon determination that;
a. Single-iamily 'residentially zoned r^si^^ht ,ia7 property may b+ used
for noncommercial parking only when such parking is accessor ` to a
primary 1 use Jn an ;adjoining public/Semipublic district. However
such ;parking on single-family residentially zoned
property shall not be used for any portion of the off-street p rking
required ? by this code;' such Barking` shall be provided only for
excess �!r overflow parking; the parking lot shall not be surfaced
access d`iirect1y from the , street or from adjoining residential
propert + 'shall not be provided to a parking lot located on single-
family« residential zoned es4d_°.� ;_Z property; the area, lot width
and l,oti Idlepth of single-family; residentially zoned
property used for. noncommercial .parking shall _not, be considered in
determiri!ing whether ,the' adjoining public/semipublic property meets
the appii`cable dimensibnal and numerical development requirements
and a; conditional use for parking on single-family res'identi, 'ally
zoned!iae-441^- l :property shall not run with the land, but shall
expire upon a change of use of the adinininn n blirkorni `, Mie
property,
b. The parking lot shall be designed, surfaced and landscaped in accord
With all applicable requirements contained in this development, code;
however; surfacing shall be prohibited on single-i�family
res i dent all zoned property.
c. Access to the parking lot shall not be provided directly from the
street pr from any residentially zoned property adjoinir``g the
property which is the subject of the conditional use application,
unless specifically authorized by, -the planning and zoning board;
however; access directly from the street or from adjoining
residential property shall not be' provided to a parking lot located
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d. The use shall comply with all of the general standards contained in
section 41052.
e. Noncommercial parking lots which adjoin residentially zoned property
shall be provided with an opaque fence or wall along all propierty
lines ad jIb i n i ng, the residentially ,zoned property, and may be ' a� ed
for the par:k.ing of motor vehicles other than recreational vehicles,
semi-trailer trucks or cabs, commercial vehicles, buses, or vehicles
designed to transport wastes or hazardous or noxious materials,
which are. prohibited. Such lots shall not be used for the parking of
trailers , boats' or boat trailers. Any .lighting of said parking; lot
shall not exceed the height of the opaque fence or wall 'required
along all property lines. However, a parking lot which adjoins
single-family residential zoned
4-1 property sha11 be
provided !,4-11.h a landscaped strip of 1 acrd not less than ten feet -in 3
width ,along all property lines adjoining the single-family
• l 7p�r ope rty- teres i den;t i a K �
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time-s- 48— e f-F rg w.nrtvv�T P.`�—*+ew f
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f. No portion of any parking space shall be closer than ten feet from
the property Brae of any adjoining single-family residentially zoned
property.
g. -All applicable requirements of section 41.221 and section 42.27
shall b;e 'Satisfied without the granting of any Variance therefrom.
h. Such par i n g shall not be required by this code to serve another'
use.
i . If the parking is provided on property zoned for multiple-farmly
resident.I or nonresidential uses such parking shall be guaranteed
to remaj available through 'a long-term lease or other .appropri ate
nstrotfent ~unning with the land for a :term equalling'' or exceeding a
the projected life of the use which the parking to serve.
(2 ) Outdoor, rata i 1 sales, d i sp 1 ays`and/or storage may be permitted within
the general commercial', highway commercial,', commercial center downtown/mil xed
use, and limited industrial districts upon determination that:
a. ' The outdoor use shall not adversely affect the community appearlance
objectives of the city. In particular, no temporary buildings,
portable buildings ' Lents, stands, trailers, vending carts or (like
Fstw3 i'rile ncJ I or structures sha l l L1C Lit in conjunction with the
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use.
b. In downtowrl'mixed use districts, outdoor retail sales and displlys
shall be limited to vegetable and fruit stands and similar ul'ses.
For outdoor, storage uses in downtown/mixed use districts , a mink um m
lot size Of 30 000 square feet shall be_provided.
c4. The use shall comply with all of the general standards contained in '
preceding section.
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" ' e permitted within the mule ifamil
(27) Residen sal ; shelter_ may b p � �°
residential districts , and the limited office, neighborhood commercial , general
Comiii rcial , dow U'mixed use, highway;'commercial , limited industrial , research,
development and =office park and public/semipublic districts upon determination
that the use complies with all of the general standards contained in ( section
41 :05'.
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Yranspor,.ation stations may be ;permitted _ within the ;,..general
commercial , dower_ nWNI xed use highway commercial , and public/semipublic
districts and theh bayfront subdistrict of the urban center district upon
determination that the use complies with all of the general standards cainntained
in section 41.052
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Vehicl�el service may be permitted within the beach commercial , general
commercial , do ntolbn rmixed use, highaaay com ercial , commercial center andl`limited
industrial districts, upon determination that:
a. All service bays shall be located within an enclosed buil: ing and
a 1'l . se-r!v i c i rig shall be conducted indoors.
b. Entirapces to any service bays shall e appropriately orien- ed with
respect to adjoining uses.
C. A111 used tires, parts, and similar objects shall be stored in a
building or other enclosed structure.
d. . Careful distinction shall be drawn by the board with regard to the
type of service to be performed. Major repairs, including e�gine or
tr�ansnrission dismantling, painting,; body, fender, muffler,lop and
up`hol"eery work shall not be allowed unless specifically permitted
by the board.
e. The` u e shall comply with all of the general standards contained in
sections 41.052.
i tted with the limited off i ce genera l
(31) d'e'ter unary off ices may be perm g
office, general commercial , downtown/mixed use highway commercial , neighborhood
commercial , and; beach commercial districts upon' determination that:
a. Ali activities shall be conducted within soundproof, air conditioned
buildings th no outdoor' ca e�s, runs or other outdoor facilities
uri less determined by the planning and zoning beard that such
facilities are located and screened in a manner so asl to not
radvbrte y affcsrfi he a a.. r 1 ,
..�.. ,✓.. �� �,:� � .,,�,,:s. the iiJt'..p C#IJtJ�1YY9�G'YYI. 11Y VC4YY.,iG 'US 'SX)'�17'Ou nU:I n�
proper-t.i es.
b. There shall be no overnight boarding of animals unless deters"mined by
the: bard that such boarding facilities are sufficiently
soundproofed, air conditioned and are made available only tcb animals
requiring veterinary treatment'.
c. The use shall comply with all of the general standards contained in
section 41 .052.
(33) Wholesaling/distributing facilities may be permitted within the
aeneral commercial downtown1mixed use Y_ and highway commercial districts upon
determination that:
a. Thy size, mass and -scale of any structure used for such act?0ty is
com ti i W with sdrroundin structures
b. The or�•oposed access site desi n ° and vehicles used fil the��Eprati�r�
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are om, ate �aTto surrounding uses.
cos T�- X91 as cosh y w a o t e general'� standards' o rr a..ned i n
section 41 .052.
Sec,.i on S The provisions of this ordinance have been -found and det(rrmined
to be Tons sten t W i h the City of r i earwatex Comprehensive Plan.
PASSED ON FIRST READING September, 1 , : 994
PASSED O SEgOND AND FINAL READING �
AND ADCPtED
Sep ember 5 , 'x'19 4
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a Garvey
Mayor--Commissioner
Attest:
a . Gou eaui
City clergy
Approved as to f' Tin and correctness:
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�a
ra
at Attorney
nior Assn a:it J
Se y
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