5942-95 QREDINANCE NO, 5942-95
AI OR]DINANCE OF THE CITY F CLEARWATER,
FLOWI�At', RELATING TO THE LAND DEVELOPMENT
CODE; ANMETNIDING SECTION 35.11, CODE OF
RI WANCESa TO 1,TVISE THE D FFIN: FI FOR
"I F .ICAT SSE " AIVIENDING SECTIONS 40.383 -kK
40.403, CODE OF ORDINWNCES, TO REVISE TGIF UNIT
I Z AND FLOOR AREA REQUIREMENTS FOR.
RESTAURANTS IN IIOTELS/MOTELS; AMENDINIG
SF ltIS 41.071, 410072 AND 41.074, CODE O
I NT= R: RO FOR CONDITIONAL USE
IVYT ICS AND ACCESSORY USE DESIGNATIONS FOR
CERTk[lq TYPES OF ALCOHOLIC BFVFRAGE USES
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED" BY THE CITY COMMISSION OF THE
CITY OF' CLEEASWATER, FLORIDA:
Section 35.11, Code of Ordinances, is amended to read:
Sec. 35.11. Ia f-initions,
The follovib-ig words, terms and pirat es, when used in this de elopment code, shall have the
s ascribed to €err i� times section, except NO—re the c��ntext clearly indicates a different
meaning:
muew ea�x
ally sold v web on or o1 �
c�� � rg '�y {? iics gla,tic�r if nrc��� w €
��f�r�"TS'W"'.M na^T'L��31YC'C�'�$.l iYu.6—�F ✓ `��/A'�" ' —57��T3Y•91 a1YAYYY9 n2s rtd tlY IASf"Y 91YLST2'l��yyi."S�'6P" 1''C%5Il.9`�
Sections 40.383 and 40.403, Code of Ordinances, are amended to read:
0 r rl i 11"'I n t-« �i 11.' C1
See. 40.383. Permitted uses.
W;thin won commercial 24 districts, only the following uses and structures desipod
for such uses shall be 1 nitt a
(4) Restaurants, when conducted a principal use or as a use within a retaiJ1
cornplex, shopping center, or hotel/motel. containing or more nz . A restaurant_
cor-t0ming' not less x square feet of gross floor h lie ,enni e in a
hotel/mote!c€ n ,;iess than 0 units- . See section_, . 4 407384 for exceptions,
40.403. Ferrdttad uses.
Wk thin resod: commercial 28 districts, only the following uses and structures designe4l
for such uses s h?J1 be permitted:
( stauna ts, when conducted a principal use or as a use witbin a retail
complex, shopping. center, or hotellm otel containing g 5 or more unitj feems. AL restaurant
contafiAng not less than 22 O square feet of gross floor area, shah be pennitted in
hotel,/motel containing less;t1m units s° So, ecti n f r ce do s;
S tioq_3. Sections 41,. °,i, 41.072 and 41.074, Code of Ordinances, are Emended to
read:
Sec. 41.071. se, applicability and approval process.
(T) Purnr a,sc. It is the purpose of this article to speck the applicable a p v
procedures for any yew, change of location, expansion of alcoholic beverage sales area, change
ofbusinesss o r ersW , or change in type of use for alc hollic beverage, sales uses witidn the cite.
The ;requirements of this article su l eme t chapter 6 and all applicable provisions of state law.
(2) Applicability a, d approval. process.
(a) For permitted uses.
1. Restaurants. A freestanding aestaLl it meeting the deg do of "restaurant" hi
section 35.1 and allowed as a permitted use in the applicable zoning district shy not be required
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Ordinance 5942--95
to dbtainranditional use permit approval for any new, change of location, expansion of alcoholic
beven.ge &-des, area, or c:har,,-e a,,'business ownzrship regardless of whether the restaurant serwlls
alcoholic beverages. Restaurants located in retail complexes, sb�?Pping centers, and
hotels/motels shall be governed by the provisions of subsections 2. and (b) below.
2. Acoessar uses. Alcoholic beverage sales esmIDE-Aments, "-acluding restaurants,
Y
rdvghtcllu s, taverias and bars, and package sales uses may be consider,-,d accessory uses -tinder
certain circumstances, as specified in section 41.072. Ln such cases, no conditional use permit
shall be required for any new, change of locadon, expansion of alcoholic beverage sales area,
or change of business Olwner.,hip for these uses.
(b) For con,41itional uses. For restaurants, nightclubs, taverns and bars', and pack-age
sales uses not classified. as penmitted uses, a conditional use permit stWI be -required for tansy
new, change of locatic-ttri, expansion of alcoholic beverage sales area, or chans,,,,,.- of business
ownership involving these uses subjezt to the applicable general, or supplementary conditional
use permit standards. 'For restaurants, nightclubs, tavern.s and bars, and package sales uses that
may otherwise qu ,i as accessory uses under section 41.072 but exceed the floor area
limitations of that section, the following provisions apply:
I. Package sales uses located in freestanding retail establishments containing a
minimum, gross floor wea of 25,0000 square feet that exceed the five percent cumulative floor
area Umitation may be allowed upon app rove of a conditional use permit by the planning and
zoning board subject to the general and suppkmentary standards of approval as other package
Wes uses,
2. Restaurrants, nightclubs, taverns and bam, and package sales uses located in a
retail complex and cumulatively occupying between-*ff of
the gross floor area of the retail complex may be allowed upon issuance of a cen(Utional use
permit by the planning and zoning board subject to the general and supplementary standards of
approval for nightclubs, taverns and bars (for restaurant or nightclub, tavern and baT uses) or
for package sales (for:package sales uses).
3. Restaurants, nightclubs, taverns and bars, and package sales uses located in a
shopping center and U.,imulatively occupying over LS percent of the
gross floor area of the shopping center may be allowed upon issuance of a conditional use perinit
by the planning and zoning board subject to the general and supplementary standards of approval
for nightclubs, taverns and bars (for restaurant of nightclub, tavern and bar uses) or for package
sales (for pack-age sales uses).
taverns and bars, an ' package sales uses located in hot! Is/motels
containing a minimuin of 50 4-00 units and cumulatively occupying over l5 percent beew-een-45
&%4-20-pefeent of the ;percent of the gross floor area of the hotel/motel may be allowed upon
issuance of a conditional use permit by the planning and zoning board subject to the general and
supplementary standards of approval for the applicable use.
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Ordimance 5941-95
. 411.0"x'12. Acces4,ary uses.
� la�bs, taverns d and package, Wes uses locate. in ho , � � .s Pont ' .n
a ' . W units may be considered accessory a i'the n ul� �°
wh devoted,to 44' su
uses in .o l/mou- not exceed. 15 percent of t . gross ( area of
yore .
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Ordinance 5942-95
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OrdaInance 5942-95
SHOULD JrW Chi E
The prolvisions of his ardiiiiance are fouo d and drtarmined to be con.Ostent
with the ity of Cie 'r"W ter Comprehensive Plea.
. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING Februar4 1, 199
PASSED ON E,.:;`OND AN ?
FINAL READING A � AD P T C) February i5i �99b
Rite Garvey
y -Commissiona .
Approved as to form and Attest;
legal sufficiency.
ei Akin Cy hie E. ideau
it- A orne ' i Clark
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Ordinance 5942--95