8498-13ORDINANCE NO. 8498 -13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY
AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 2,
SECTION 3- 201.B, ACCESSORY USES /STRUCTURES, TO ALLOW
ACCESSORY DETACHED GARAGES TO BE LOCATED IN FRONT OF
THE PRINCIPAL USE /STRUCTURES IN CERTAIN ATTACHED
DWELLING PROJECTS PROVIDED CERTAIN CRITERIA ARE MET;
CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE
PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, attached dwelling projects may have a need for accessory detached
garages;
WHEREAS, in certain circumstances accessory detached garages may be appropriately
located forward of the principal building;
WHEREAS, such accessory detached garages should meet certain locational and
design criteria;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Article 3, Development Standards, Division 2. Accessory
Uses /Structures, Section 3- 201.B., is hereby amended as follows and subsequent subsections
re- lettered as appropriate:
B. Standards. In addition to all the standards in this Development Code, accessory uses and
structures shall be established in accordance with the following standards:
1. The accessory use and structure is subordinate to and serves an established and
conforming principal use.
2. The accessory use and structure is subordinate in area, extent, and purpose to the
principal use.
3. The accessory use and structure contributes to the comfort, convenience or use of the
principal use.
4. The accessory use and structure is located on the same property as the principal use
and located behind the front edge of the principal structure except as provided for in
subsection 5. below.
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5. Accessory detached garages may be located in front of the principal structure of an
attached dwelling development containing more than 100 units. Such garages shall be
reviewed and approved as part of a required Level One or Level Two development
application for the attached dwellings as the case may be and shall demonstrate
compliance with all of the following criteria and any other applicable provisions of the
Community Development Code.
a. The parcel proposed for development is not governed by any special area plan
including but not limited to Beach by Design, the Clearwater Downtown
Redevelopment Plan, the US 19 Corridor Redevelopment Plan, or located in
any activity center, along a redevelopment corridor or view corridor identified on
the Citywide Design Structure adopted in the Clearwater Comprehensive Plan.
b. Such detached garages shall be setback at least 25 feet from the front property
line and shall comply with the side setbacks of the zoning district in which the
project is located.
c. Such detached garages shall not obstruct access to the primary use.
d. Such detached garages shall be designed as an integral part of the architectural
design of the principal structures. The same materials, colors, roof design and
other architectural details shall be incorporated into the design of the detached
garages.
e. Such detached garages that front along a street shall appear to contain habitable
space through the use of windows, doors and other design elements consistent
with the front facade of the principal structure(s).
f. Such detached garages shall not exceed eighty (80) feet in length and shall
modulate horizontally or vertically by at least two feet for every forty (40) feet in
length.
Such detached garages shall not be converted to a residential dwelling unit.
5 6. The accessory use(s) and structures, unless otherwise allowed as a permitted use in the
zoning district, shall not cumulatively exceed ten percent of the gross floor area of the
principal use. Such structures may be permitted up to 25 percent of the gross floor area
of the principal use through a Level One (flexible standard) approval process. Gross
floor area of the principal building includes the floor area of any attached garage or
carport.
6-7. The accessory use may be located in a separate building, provided that such building
complies with all the development standards in Article 3.
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78. The use complies with each and every development standard applicable to the principal
use to which the accessory use is accessory.
8 9. No accessory structure shall exceed 15 feet in height in any residential zoning district
and no more than the allowable height for the principal use in any nonresidential zoning
district. Such structures may be permitted up to 20 feet in height in the residential zoning
districts if approved through a Level One (flexible standard development) approval
process.
3-10. Canvas, or other similar materials, shall not be allowed as a permitted material for any
accessory structure.
40 11. In- ground pools that are 12 inches or less above grade shall be classified as an
accessory structure. In- ground pools that are greater than 12 inches or more above
grade shall be classified as a principal structure.
44 12. Exemptions.
a. A two car detached garage accessory to a detached dwelling shall be exempt from the
percentage requirements specified in Section 3- 201.8.5 above provided there is no other
parking garage located on the site.
b. Swimming pools and spas shall not be included when calculating the amount of
permitted accessory uses /structures on a site.
Section 2. 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 3. 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 4. 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 5. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 6. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING November 20, 2 013
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PASSED ON SECOND AND FINAL December 5, 2013
READING AND ADOPTED
— Ct?.Yrte cr. tle (co/
George N. Cretekos
Mayor
Approved as to form: Attest:
Leslie K. Dougall-
Assistant City Attorn
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Rosemarie Call
City Clerk