CITY OF CLEARWATER LAND DEVELOPMENT CODE REVISED 1997
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GOALS
INTRODUCTION
GOALS
HOW TO USE THIS CODE
GUIDING PRINCIPLES
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GOALS
INTRODUCTION
Chapters 35 through 38 are the City of Clearwater Land Development Code.
This Chapter introduces the Land Development Code and establishes the City's
goals in adopting the code.
ABOUT CLEARWATER
Clearwater is a community of over 100,000 persons located on the west coast of
Florida in the Tampa Bay region. It is centrally located in Pinellas County, the
state's most urbanized county.
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The City contains a wide variety of land uses, including:
. High end residential areas like historic Harbor Oaks, Sand Key, Carloue/, Island
Estates and various Countryside subdivisions.
. Relatively more modest established neighborhoods having their character
defined by both architectural diversity and established tree canopy.
. A large industrial park located roughly at the center of the City.
. A Downtown composed of a wide range of commercial, restaurant, office
and industrial uses, including government centers for Clearwater and Pine lias
County (Clearwater is the Pinellas County seat).
. Major commercial nodes along US 19, particularly Clearwater and
Countryside Malls, two of Pinellas County's three largest retail malls.
. Classic "strip-commercial" development, with commercial uses located
along major corridors, backed by residential uses.
These largely established development patterns, along with the relative lack of
vacant land, focuses our development efforts on REDEVELOPMENT, rather than
new development. Redevelopment brings with it the challenge to allow the
necessary sire design flexibility to promote high quality redevelopment, while
protecting the integrity of our existing residential and business neighborhoods.
ABOUT THIS CODE
The City of Clearwater Land Development Code was developed in
cooperation with the City of Clearwater's residential, business and development
communities and is based on specific Guiding Principles. These Guiding
Principles are included at the conclusion of this chapter.
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This code was developed to establish a unique, flexible, and design-oriented
development guide that reflects the need to maintain the integrity of
Clearwater's existing residential and business neighborhoods and the need of
the development community to have both site-specific design flexibility and a
clear expectation of community standards.
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GOALS
This code is intended to:
. Promote a high quality of life and strong public safety standards in keeping
with the statutory authority granted to the City of Clearwater by the state
legislature and with the City's own definition of its community character.
. To provide a logical link between development reviews and the goals,
objectives and policies of the City's Comprehensive Plan.
. Serve as a guidebook for development reviews - to provide the shortest and
most flexible route to the development permitting finish line.
. Define the community character of Clearwater - to demonstrate and
illustrate the high standards we have for our City - to inspire as well as to
require.
. Maintain the integrity of Clearwater's residential and commercial
neighborhoods through high quality development standards that are
applied fairly and equitably.
. Establish a covenant between the City and the development community e
through clear expectations of quality development balanced by a
commitment by the City to process development proposals quickly and in a
way that respects the unique circumstances of each development proposal.
. To provide an educational tool for understanding the City's development
requirements.
HOW TO USE THIS CODE
This development code is organized in a fairly unique, but logical manner. It
consists of an index and four chapters.
The Goals Chapter - This chapter introduces the reader to Clearwater and its
development code. It includes a concise look at the goals this code is intended
to achieve. If, in using this code, you find it fails to live up to these goals, please
bring it to our attention.
The Community Character Chapter - Intended to "inspire as well as
require," this chapter showcases the regulations that define our community .-
character. If our text, tables and figures fail to provide you with a clear -
indication of the development standards we promote in our City, please review
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the sketches that are scattered throughout the code. If your development
project belongs with those structures and landscapes, you have the right idea!
The Incentives, Tools and Techniques Chapter - The "nuts and bolts" of
this development code, this chapter lists most of the City's development
regulations. An unusual feature of this chapter is its format. At the outset of
writing this code, we noted the following:
. Every community's development code contains innovations and
opportunities for promoting development and redevelopment.
. Every community has code requirements that are unique.
. But very few communities' codes highlight these innovations and unique
features, making it difficult for the reader to determine those important
distinctions that will guide development proposals.
The format of this chapter is intended to accomplish this important task. We
hope and expect that you will find this format both educational and useful.
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The People and Processes Chapter - This chapter lists the people and
processes of the City of Clearwater's development review system. It is intended
to provide general information and requirements that are supported by City
development review and application procedures and technical manuals. It
does reflect our commitment to you that our code processes are as streamlined
as possible - we want to get you to the finish line faster!
Some General Notes -
Lanauaae. We have tried to avoid "legalese" in writing this code in order to
make it easier to use. For the most part, we have been successful, but some
sections (notably the Sign Code, Definitions, Adult Use, and Building Codes
sections) have had to retain a fair amount of "shalls," "heretofores,"
"notwithstandings," etc. in order to address specific legal issues or to keep these
codes consistent with similar codes used in other communities. In addition, just
so we can be completely clear from a legal perspective, the following "Rules of
Construction" apply:
. Phrases like "must be," "have to be," "are," "cannot," "must comply," and
"are required" indicate mandatory code requirements.
. The phrase "should" indicates an advisory code suggestion.
. The phrase "may be" indicates a conditional code allowance.
e · Drawings indicating a code requirement have the same power as text.
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Enforcement. The following are regarded as violations of this Land
Development Code:
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. Use, alteration or construction of structures or signs or the use or improvement
of land not in compliance with the requirements of this code or the
permitting and/or approval procedures of this code.
. Failure to obtain permits as required by this code.
. Failure to meet or comply with the terms, conditions or restrictions of building
permits, performance or conditional uses, variances, plot plans or site plans,
or subdivision plats authorized by this code.
These and any other designated violations of this code are handled by one or
more of the following actions, as applicable:
. The City enforcement process for noncriminal violations (Chapter 2, Article
VII).
. The notice to appear in County court provisions of Section 1.12 of the City
Code.
. Revocation of the permit, license or certification after a hearing by the City
Manager or designee.
. Where immediate hazard to public safety exists due to the violation,
immediate compliance with code requirements or approval conditions may tit
be demanded by any City staff member authorized to enforce code
violations.
GUIDING PRINCIPLES
REALITY
. Market forces and needs must be respected, reflected and shaped in City
Codes.
. Clearwater will never be completely replatted or redeveloped -
nonconformities are to be expected, but are encouraged to be reduced or
eliminated.
. No development code can cover all eventualities - interpretations will have
to be made and flexibility must be built into the codes to allow interpretation.
. Uncertainty in development review must be minimized.
SIMPLICITY
. Complicated codes are more open to varying interpretations than simple
ones.
. Graphics are simpler than tables and tables are simpler than text.
. Codes should be simple to enforce and understand.
. Unnecessary and duplicative codes should be eliminated.
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. Procedures should be simple, of short duration, and minimized.
. Codes should be laid out in a logical, easy-to-follow format.
COMPA TIBILlTY
. Codes should add value to Q]l properties.
. Codes must mesh with existing (or programmed) City Comprehensive Plan
and Countywide Plan.
. New uses must respect existing uses.
DIVERSITY
. Appropriate infill development and redevelopment must be promoted.
. Creative site development solutions must be encouraged.
. Appropriate mixed use developments should be promoted.
CAP ACITY
. Codes must be effectively implemented and enforced with reasonable
staffing levels.
. Codes must allow staff to focus on important, value-added reviews.
. Codes should not require significant amounts or types of specialized training
to be effectively implemented and enforced.
. Codes must be consistent with existing and programmed infrastructure.
QUALITY
. Codes should add value to all properties.
. Codes should reward good design.
. Codes must protect and define community character.
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· COMMUNITY CHARACTER
INTRODUCTION
DESIGN GUIDELINES
SIGNS
LANDSCAPING
TREE PROTECTION
PROPERTY MAINTENANCE STANDARDS
SPECIAL DOWNTOWN DEVELOPMENT STANDARDS
SCENIC/NONCOMMERCIAL CORRIDORS
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COMMUNITY CHARACTER
INTRODUCTION
Clearwater, as a community, is especially concerned with the overall quality of
its built environment. We are blessed with a wonderful climate and beautiful
natural vegetation. We want the development that occurs in our City to be
compatible with the local climate and vegetation and to reflect positively on
the City's development goals.
There are some aspects of development which the City has determined to be
"character-defining." These are the areas in which we intend to focus our
development reviews and our enforcement efforts. In particular, we are
focusing on the following areas:
. Our development code is heavily design-oriented. We have developed
specific design guidelines for certain areas of our City and have general
design guidelines for several other areas. Our solutions to land use
compatibility issues are usually design-oriented.
. The City of Clearwater's sign code has been used as a model for the
Countywide sign code in effect in all communities in Pinellas County. We
have spent considerable staff time and money ensuring compliance with our
sign amortization program and are proud of the results.
. Our landscaping requirements are intended to beautify developing sites,
while providing buffers for surrounding, less intense land uses. Our goal is to
establish both a perimeter buffer and interior tree canopy that makes
developed sites "fit" in our beautiful Florida location.
. The City's tree canopy is extremely important to us. Consequently, we have
relatively extensive requirements to ensure that trees are protected and, if
they have to be removed for development purposes, replaced.
. The City has a very successful unsafe structures enforcement program. In this
Chapter, we adopt specific property maintenance standards to
complement this program to ensure that neighborhood integrity is
maintained and enhanced by appropriate property maintenance.
. Downtown Clearwater has special development needs. These are reflected
in our Downtown development standards.
. The Pinellas Planning Council has adopted a Countywide requirement to
protect and preserve specific scenic/noncommercial corridors. This
development code accepts and implements these Countywide standards.
DESIGN GUIDELINES
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The City of Clearwater is promoting design-oriented development standards.
Our design review process (see Section ) includes:
. Specific geographic areas within the City that have their own specific design
guidelines.
. Zoning districts that have some of their technical standards like setbacks
determined by design review based on general design guidelines.
. Specific development types, like planned developments, out parcels and
parking garages, that are reviewed under general design guidelines.
INCENTIVES
We believe that a design-oriented approach has several benefits:
. Flexible - Allows for a variety of site development solutions.
. Site-specific - Design review allows site development issues to be addressed
on a case-by-case basis depending on the individual advantages and
limitations of each site.
. End-product focus - Design review focuses on the final product, not the
process by which the final product is achieved.
. Negotiable - Our design review process allows "give-and-take" between
the City and the developer to create a product that meets the needs of
both.
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The Design Review section (Section ) provides information about the
actual review process used for the City's design-oriented approach. This Design
Guidelines section concentrates on the particular standards (the design
guidelines) that are used to evaluate site design alternatives in the City of
Clearwater.
TOOLS AND TECHNIQUES
Specific Desiqn Guidelines
Three areas in Clearwater have specific design guidelines:
. Downtown Clearwater.
. A substantial portion of Clearwater Beach.
. North Greenwood Commercial District.
Each of these specific geographic areas has its own set of design guidelines
which directly relate to the design issues and objectives in these areas. These e
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guidelines are established by resolution of the City Commission and available for
review in the Central Permitting Department. The following map shows the
location of these specific design guideline areas.
General Desiqn Guidelines
These guidelines apply to zoning districts (CI and D/MU) that have certain
technical standards determined through the design review process. General
design guidelines also apply to specific types of projects (planned
developments, outparcels and parking garages) that are required to go
through design review.
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Street Setbacks. Objective - To either:
. Establish a setback line that corresponds with the surrounding blockface or
area.
- OR-
. Use the structure to "hide" the parking from the street (this is the preferred
option in areas where street widening is not anticipated).
Side and Rear Setbacks. Objective - Allow flexibility in side and rear setbacks so
long as compatibility between surrounding land uses is achieved.
Side and rear setbacks can be minimized if blank (windowless and doorless)
walls, soundproofing techniques and limited wall heights are used. Foundation
planting may be required to minimize the effect of minimal setbacks from side
and re"ar property lines.
Building Materials. Objective - To achieve general consistency in the building
materials used in an area (where a consistent pattern already exists), while
e allowing reasonable creativity in materials selection.
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The location of a site has a great deal to do with whether certain building e
materials are acceptable. For example, a metal building would not be
acceptable in an environment where the predominant structural pattern was
wood frame buildings.
Architectural style. Objective - To maintain general consistency in the
architectural style of an area (where one exists) and to improve on those
characteristics through new construction, while allowing reasonable
architectural creativity.
In most cases, buildings should not distinguish themselves from surrounding
structures in terms of architectural style. Contrasting styles or ones which could
be considered "character-defining" may be allowed depending upon the
specific circumstances of the site and area.
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Outparcels. Objective - To resolve the following concerns about outparcel
development while allowing this important redevelopment and land use
management tool to occur:
. The principal development may be hidden by the outparcel development,
reducing viability of the site for commercial uses.
. Site access and service conflicts may be created.
. Outparcel development may have "bad" sides (service areas, dumpsters,
HV AC units, etc.) exposed either internally or externally.
Outparcel development must:
. Create an access arrangement (both internally and externally) that is
compatible with the site and surrounding uses. Pedestrian interconnections
between the principal use and the outparcel must be installed where
necessary to achieve compatible internal access.
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. Use the outparcel development to "hide" the parking associated with the
principal use.
. Protect the commercial viability of the principal use by not obstructing the
principal use from being seen from the adjoining streets.
. Create architectural interest from both the internal and the external
perspectives - the outparcel development should not have a "bad" side.
Parking Garages. Objectives-
. In pedestrian-oriented areas, provide ground-floor activity so that the parking
garage does not become a "hole" in the blockface.
. Provide landscaping and/or architectural treatment that "disguise" the scale
and function of the parking garage.
To meet these objectives, the following requirements are established:
. In pedestrian-oriented areas (the areas covered by specific design
guidelines), at least 50% of the ground-floor perimeter of the building along
each adjoining street must contain pedestrian-interest uses such as retail or
entertainment uses. As an alternative to this requirement, if the garage
serves office, hotel/motel or residential uses, office areas or supporting
accessory uses (exercise facilities, for example) may be placed on the
ground floor. Where such approaches are impractical due to the physical
site limitations, the permitted uses in the applicable zoning district, or other
similar factors, City staff may consider the installation of artwork, architectural
features, or amenities like displays or aquariums to meet the intent of this
guideline.
. Location of parking garages at corners is to be avoided.
. All parking garages, regardless of location, must have their scale and
function disguised by landscaping and/or architectural design.
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SIGN CODE
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Signs are a major way in which businesses identify themselves. They are also a
major determinant of a community's character. The City of Clearwater has
successfully balanced these potentially competing needs in its sign code
requirements and has nearly completed its amortization program to bring
nonconforming signs erected illegally or prior to 1985 into compliance with
these requirements.
As the following photographs indicate, our codes have greatly improved the
visual character of our community while still allowing businesses to adequately
identify themselves.
Incentives:
In areas where signs are covered by design guidelines, our design review
process is staff-administered, rather than board-administered, saving valuable e
time for business and property owners. We also allow many sign
nonconformities to be considered as minor variances (see Section _), allowing
expedited consideration of minor code deviations. Finally, we offer the
following incentives to allow businesses to identify themselves in special
circumstances.
. Area bonuses are allowed for attached signs located 100 or more feet from
adjoining streets.
. Area bonuses are allowed for attached signs located 100 or more feet
above the ground.
. Area bonuses are allowed for attached signs in Downtown Clearwater if
certain design standards are met.
. Freestanding sign height bonuses are allowed when such signs are located
adjacent to existing or planned overpasses.
. Various temporary sign bonuses are provided for business grand openings,
special sales events, and temporary replacements for damaged signs; in
addition, temporary sign bonuses are allowed for businesses affected by
long term public works projects, including road widenings.
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FOOTNOTES FOR SIGN TABLE
(1) The following permitted and exempt signs are allowed in one or more of the
various zoning districts as provided in the Sign Table:
(A) Freestanding signs including auxiliary freestanding signs
(B) Attached Signs:
(a) Canopy or Awning
(b) Incidental
(c) Integral
(d) Integral Roof
(e) Machinery
(f) Marquee
(g) Menu
(h) Permanent Window
(i) Projecting
(j) Temporary Window
(k) Wall
(C) Attached or Freestanding Signs
(a) Banners
(b) Bulletin Board
(c) Cold Air Balloon
(d) Construction
(e) Directional
(f) Directory/Information
(g) Drive-thru Menu
(h) Flags
(i) Garage and Yard Sales
(j) Gasoline Price Display
(k) Pennants
(I) Political
(m) Real Estate
(n) Sandwich Board
(0) Theater/Movie
Announcement
(p) Time and Temperature
(q) Warning
-
(2) Lots fronting two or more collector or arterial streets are allowed the permitted
signage for each frontage provided that the allotted signage be oriented only to
the separate streets.
(3) Sign requirements may be modified by the design guideline requirements for the
applicable area.
(4) Parcels with over 500 feet of street frontage on one right-of-way may be permitted
an auxiliary sign which shall be spaced at least 300 feet from the other sign and
oriented towards the street that permits its use.
(5) Freestanding signs located perpendicular to elevated highways are entitled to a
height bonus equal to 10 feet above the crown height of the roadway adjacent to
the sign.
-
(6) ATTACHED SIGNAGE AREA CANNOT EXCEED 1.5 TIMES OCCUPANCY WIDTH. Sign
area bonuses cannot be combined if a sign is eligible for more than one bonus.
9
Attached signs located on buildings greater than 100 feet from a street right-of-way .
are entitled to the area bonuses specified below:
Buildina setback
<100 feet
1 00 to 199 feet
200 to 300 feet
>300 feet plus
Bonus
None
1 .25 x Zoning district area
1.75 x Zoning district area
2.25 x Zoning district area
Signs located upon tall buildings so that the sign placement is over 100 feet above
grade are entitled to the area bonuses specified below:
Heiaht of sian above around
<100 feet
100 to 1 50 feet
151 to 200 feet
>200 feet
Bonus
none
1 .5 x Zoning district area
2.75 x Zoning district area
3 .0 x Zoning district area
(7) Attached theater/movie announcement signs shall be in addition to the allowable
attached signage. Freestanding signs shall be allowed in addition to other
freestanding signs allowed for properties developed as shopping centers, office
complexes, retail complexes or multitenant buildings.
-
(8) Setback: 5 feet minimum from all property lines; may be combined with
freestanding sign.
(9) Base square footage for a single theater plus additional footage for each additional
theater up to maximum area.
(10) No projecHng sign can exceed 16 square feet nor project more than 42 inches from
the front of the facade of the building to which the sign is attached.
(11) Lots fronting on two or more streets are allowed the permitted attached signage
for each street frontage provided that the signage is used for that frontage only.
(12) Permitted window signs may not occupy more than 20 percent of the window area
of a building frontage.
(13) For government office, recreation, school and church uses only.
(14) Major tenants (having more than 8,000 square feet of gross floor area) in a
shopping center may be entitled to an additional sign allocation for each
additional exterior wall having a public entrance. No other sign bonuses apply to
these additional allocations.
-
10
It
(16) Attached signs (multifamily developments only), one per street frontage.
(17) Nameplates, one per dwelling unit, may not exceed two square feet in area.
(18) Attached signs in the urban center district may be eligible for a sign area bonus of
50% if judged to reflect one or more of the following characteristics and found to
create a positive image for the district:
(A) Use of classic or historic design or style
(8) Use of creative images reflecting waterfront heritage
(C) Use of symbols rather than text
(0) Use of hand painted lettering or graphics
(E) Use of sculpted wood, metal or other materials
(19) The sign must be placed in close proximity to the entrance of the business or
against the building, and must not obstruct the flow of pedestrian traffic or
impair the sight line of motor vehicle operators, bicyclists or pedestrians upon
entering or exiting a right-of-way. This sign is to be oriented to pedestrian rather
than vehicular traffic and must meet design standards for the applicable district
or area.
Temporary sians:
-
. Properties affected by major public works projects or storm damage: These
additional signs may only be allowed in areas designated by the. City
Manager for a specified time period, and as described below:
One 20 square foot, six foot tall freestanding sign per driveway on
an affected roadway(minimum five foot setback from all property
lines)
- OR-
One 48 square foot attached banner per freestanding building.
. New businesses: Grand opening signs are permitted for new businesses or
where a change of business name has occurred. In order to be allowed
these signs, a permit for the temporary sign(s) must be obtained within 90
days of the issuance of the occupational license for a new business or
business name change. The following sign types may be displayed for the
maximum period of time indicated below. Display of grand opening signs
cannot exceed a total of 30 days a year per business.
.
11
in area. total pennant string
Must be attached to length; two sq. ft.
building or freestanding individual pennant
siQn face. area.
e
. Temporary signs: minor storms, vandalism, accidents. A temporary sign permit
may be obtained for one of the following signs when a business has suffered
a loss of permanent signs due to minor storm damage, vandalism, or
accident. A temporary sign permit is valid for 30 days from date issued:
One 32 square foot banner, maximum six feet high, placed at least five
feet from all property lines, or attached to an existing sign face
- OR-
One or more temporary window signs not exceeding 40 percent of
window area or 64 square feet, whichever is less.
. Special sales events. For special sales events, the following sign types may
be displayed for the maximum period of time indicated below. Display of
special sales event signs cannot exceed a total of 10 days a year, with no
more than two sales events advertised by such signs per year.
Banner:
Max. 10 days; 32 sq. ft.
Must be attached to building or
freestandin si n face.
....................................... .. . ... ......... n. ........... .......". ................. ....".....
ecio!soles:even1s.s1ns..i..::/
.......................................................................... ............
Pennants:
Max. five days; 100 ft. total pennant
string length; two sq. ft. individual
ennant area.
e
..,...................................................... ................. ........... ,..
.. ..................,.... ..........................................................,.....
...................... .....................................................................
......JNIIQ~Qole.s
... -... ... ...... ... ........ .. .............................................
Definitions
Abandoned sian - any sign advertising a business that is no longer licensed, no
longer has a certificate of occupancy, or is no longer doing business at that
location for a period of at least 180 days.
Animated sian - any sign that includes action, motion, or color changes, or the
optical illusion of action, motionL or color changes, including signs set in motion
by wind, or made up of a series of sections that turn.
Architectural detail - any projection, relief, change of material, window or door
opening, exterior lighting, inlay or other exterior building features not specifically
classified as a sign. The term includes: relief or inlay features or patterns that
.
12
.
e
.
distinguish window or door openings, exterior lighting that frames building
features, and changes in facade materials.to create an architectural effect.
Area, or surface area of a sian - the area, in square feet, enclosed by a
rectangle, parallelogram, triangle, circle, semicircle, cross, other geometric
figures or other architectural design, the sides of which make contact with the
extreme points or edges of the sign, excluding the supporting structure which
does not form part of the sign proper or of the display. Illuminated portions of a
sign structure are considered part of the sign area. Also, any portion of the
surface area of a freestanding sign structure that exceeds 50 percent of the
permitted area of the sign face is considered part of the sign area. For signs
located on structures permitted as fences or walls, the wall or fence upon which
the sign is placed is not regarded as sign structure.
Art work - drawings, pictures, symbols, paintings or sculpture that in no way
identify a product or business and which are not displayed in conjunction with a
commercial, for profit or non-profit enterprise.
Attached siqn - any sign attached to or supported by any part of a building.
Auxiliary freestandinq siqn - an additional freestanding sign allowed due to
exceptional property frontage characteristics.
Banner - a sign having characters, letters, numbers, illustrations, symbols or
ornamentation backed by fabric, paper or similar material and attached to a
pole, halyard, rope, wire, string, cord or similar device or to a building at one or
more edges or by one or more corners.
Beacon - a stationary or revolving light that flashes or projects illumination, in
any manner which is intended to attract or divert attention. This term does not
include any kind of lighting device which is required or necessary under the
safety regulations described by the Federal Aviation Agency or similar agencies.
Bulletin board - a sign of permanent character, but with removable letters,
words, numerals or symbols.
Business establishment - any individual person, nonprofit organization,
partnership, corporation, other organization or legal entity holding a valid
occupational license and occupying distinct and separate physical space.
13
Canopy (awninq) siqn - any sign that is a part of or attached to an awning,
canopy, or other fabric, plastic or structural protective cover over a door,
entrance, window, or outdoor service area.
e
Chanqeable messaqe siqn - a sign or portion of a sign where the message copy
is changed manually or automatically through the utilization of attachable,
reflective or illuminated letters, numbers, symbols, images and other similar
characteristics. Changeable message signs include electronic reader boards.
Construction siqn - any sign giving the name of principal contractors architects,
and/or lending institutions responsible for construction on the site where the sign
is placed, together with other information included thereon.
Directional siqn - any sign that exclusively contains information providing
direction or location of any object, place, or area including but not limited to
those signs indicating avenues of ingress/egress.
Directory/information siqn - any sign providing information primarily intended to
direct persons to a tenant or service located or provided in a multitenant
building or property.
Double-faced siqn - a sign that has two display surfaces placed against thee
same background and not separated by more than two feet, one face of
which is designed to be seen from one direction and the other from fhe
opposite direction, every point of each face being either in contact with the
other face or in contact with the same background.
Exempt siqn - any sign for which a permit is not required. Exempt signs must
comply with all other terms and conditions of this section.
.E!gg _ any fabric or other fluid material containing distinctive colors, patterns or
symbols, and designed to be flown from a flagpole.
Flaqpole - a pole on which to raise a flag.
Freestandinq siqn - any sign supported by structures or supports that are placed
on or anchored in the ground and that are independent of any building or
structure, except signs placed on walls/fences are considered freestanding
signs.
Frontaqe, buildinq - the single facade constituting the length of a building or
that portion of a building occupied by a single office, business, or enterprise .
14
.
abutting a street, parking area, or other means of customer access such as an
arcade, mall, or walkway.
Frontaae, property - the length of the property line for a parcel which runs
parallel to and along a road right-of-way or street exclusive of alleyways.
Government or public purpose sian - a sign serving a public purpose and
installed or approved by a public agency. The term includes: traffic/directional
signs, community identity and entrance signs, signs or banners for special
community events as determined by the City Commission or City Manager, signs
for parks and stadiums including signs promoting events scheduled to be held in
the parks and stadiums, signs located on private, nonresidential property which
promote events for the benefit of charitable, non-profit organizations, and
public signs that provide direction to places of interest.
Ground level- the lower of finish grade of a parcel of land exclusive of any
filling, berming, mounding or excavating solely for the purpose of locating a
sign. Ground level on marina docks or floating structures is the finish grade of the
landward portion of the adjoining parcel.
-
Heiaht - the vertical distance measured from ground level nearest the base of
the sign to the highest point of the sign.
Incidental attached sian - any sign, such as credit card, "hiring," or business
hours signs, that provides information incidental to the identification or operation
of the business to which the sign is attached.
Intearal sian -: any sign constructed that specifies the name of a building, date
of erection, monumental citations, and similar information, when carved.into or
otherwise made an integral, permanent part of a building.
Mansard roof sian - any sign attached to a mansard roof or similar roof structure
as long as that portion of the roof structure where no part of the sign extends
above the roof.
Machinery sian - a sign attached to newspaper and other product vending
machines, telephones, gasoline pumps or similar machines, and providing
product or service identification for the product dispensed from or service
provided by the machine.
e
Maintenance - the replacing, repairing or repainting ofe portion of a sign
structure, periodically changing changeable copy or renewing copy.
15
Menu siqns for drive throuqh establishments - any sign place so as to be viewed .
from a drive-through lane and containing a listing of products, with prices and
illustrations or photographs of the products, offered for sale by the business. A
menu sign may include a mechanism for ordering products while viewing the
sign which may incorporate a television screen. Menu signs may display the
name of the business if the business name does not exceed 15 percent of the
total sign area.
Messaqe panel - a physically discrete sign face containing one or more
messages. Immediately abutting message panels (Le., with no space between
the panel structures) are regarded as a single message panel.
Multitenant buildinq - a building where more that one business is serviced by a
common entrance, and where such businesses may be located above the first
story or otherwise be without frontage on a public right of way.
Neon siqn or Iiqhtinq - a sign, symbol, mural, or design created or illuminated by
exposed neon, fluorescent, incandescent or other lighting source. Signs
internally illuminated by any of these light sources are not regarded as neon
signs under this definition.
fa
Nonconforminq sian - any sign that does not conform to the requirements of this
code.
Occupancy - a building or building part with its own entrance, and separated
from all other occupancies by a solid wall.
Pennants - any series of pieces of cloth, plastic, paper, or other material
attached in a row at only one or more edges, or by one or more corners, the
remainders hanging loosely to any wire, cord, string, rope, or similar device. The
term includes pennants, streamers, spinners, ribbons, and tinsel.
Political sian - any sign which constitutes a political message and the primary
purpose is related to the candidacy of any person for public office or any public
issue.
Portable sian - any sign not permanently attached to the ground or other
permanent structure or a sign designed to be transported, including but not
limited to signs designed to be transported by means of wheels, balloons and
other inflatables, and umbrellas used for advertising.
e
16
It
Proiectinq siqn - any sign affixed perpendicular to a building or wall in such a
manner that its leading edge extends more than one foot beyond the surface
of such building or wall.
Property - any parcel of land means any parcel of land under single or multiple
ownership developed as a unified site with regard to density, floor area ratio,
access, parking, setbacks and open space. Parcels which have been
separately platted and which are the subject of separate site plans and which
separately meet density, floor area ratio, access, parking, setback, and open
space standards are be regarded as separate lots or properties.
Real estate siqn - any sign advertising the sale, rental or lease or the premised or
part of the premises on which the sign is displayed.
Roof siqn - any sign placed, erected or constructed on, projecting from or
supported by the roof of a building or structure, except mansard roof signs, or
any sign attached to the wall of a building which extends higher than the top of
the wall.
it
Sandwich board siqn - a self-supporting sign, temporarily resting upon and not
permanently affixed to the ground, typically used for exhibiting information for
the convenience of pedestrians.
Siqn - any writing, picture, symbol, banner, flag, or other graphic com"munication
or device which is primarily used to convey information, communicate a
message, attract attention, or advertise and is visible from off the property. The
phrase includes sign structure. The term "visible from off the property" means the
sign or sign structure can be plainly identified from another property or a public
right-of-way.
Siqn face - the part of the sign that is or can be used to identify, display,
advertise, communicate information, or for visual representation, which attracts
or intends to attract the attention of the public for any purpose.
Siqn structure - any structure that is designed specifically for the purpose of
supporting a sign, has supported, or is capable of supporting a sign. This
definition includes any decorative covers, braces, wires, supports, or component
attached to or placed around the sign structure.
Snipe siqn - an off-premises sign that is tacked, nailed, posted, pasted, glued, or
otherwise attached to trees, poles, stakes, fences, or to other objects.
.
17
Subdivision siqn - a sign that is primarily intended to display the name of a .... .~
platted subdivision or other residential development, including a mobile home _
park, but may contain supplemental information, so long as such supplemental
information is clearly incidental to the display of the name of the platted
subdivision or other residential development, including a mobile home park.
Temporary siqn - a sign that is displayed for a limited period of time, usually less
than one year but not to exceed the time authorized by this development code
for a particular temporary sign use.
Time and temperature sion - a sign containing illuminated numerals and
displaying the time and temperature only.
Vehicle sion - a sign attached to or placed on a vehicle, including automobiles,
trucks, boats, campers, and trailers, that is parked on or is otherwise utilizing a
public right-of-way or other public property or is on private property so as to be
intended to be viewed from a vehicular right-of-way for the basic purpose of
providing advertisement of products or services or directing people to a business
or activity. This definition is not to be construed to include those signs that
identify a firm or its principal products on a vehicle, unless such vehicle is parked
in such a manner that it is intended to provide advertisement of products or
services or to direct people to a business or activity, or such advertising devices e
as may be attached to and within the normal unaltered lines of the vehicle of a
licensed transit carrier when and during that period of time such vehicle is
regularly and customarily used to traverse the public highways during the
normal course of business.
Wall sion - a ~ign parallel to and placed directly on or attached to the exterior
wall of a building or structure.
Warnino siqn - a sign located on a property posting such property for warning or
prohibitions on parking, trespassing, hunting, fishing swimming or other activity,
provided such signs do not carry any commercial message or identification.
Window siqn - a sign located on a window or within a building or other enclosed
structure which is visible from the exterior through a window or other opening.
Window signs may be permanent or temporary, with different requirements for
each type of window sign.
Exempt signs
The following types of signs are exempt from permitting requirements, provided
that the specified requirements are met. The area of exempt signs is not e
18
.
-
.
included in determining compliance with maximum allowable sign area
requirements. Exempt signs are allowed in addition to signs for which permits
are required. However, an otherwise exempt sign which exceeds the
requirements of this section will require a permit and will be counted toward the
maximum allowable sign area requirements.
. Address signs for residential properties: One per residential property or per
each subdivision or property entrance, two square feet maximum area. The
address numbers must be at least three inches in height, in Arabic numbers,
and of contrasting color to the background. Address signs must be
displayed on the front of the property.
. Art work.
. Architectural detail.
. Changeable messages on permitted signs so long as the message doesn I t
change more frequently than eight times per day.
. Commemorative signs for religious holidays: Limited to displays beginning 30
days before and ending 15 days after the holiday. This exemption includes
lighting, figures, and other similar displays that may be regarded as a sign,
but does not include types of signs that are expressly prohibited.
. Construction signs: One sign per lot frontage. Maximum area is 16 square
feet in single family residential districts and 32 square feet in all other districts.
Construction signs may be displayed only during the time a valid building
permit is in force.
. Flags. Flags may be displayed without a sign permit according to following
schedule. Flagpoles on top of buildings must not exceed the height
limitation of Section _ Flags must be positioned so that no part of the
flag encroaches over a public right-of-way or any other property line.
All Single Family Residential Districts N/A 3
All Multifamily Residential Districts N/A 3*
All Nonresidential Districts . < 1 ACRE . 3
. 1 ACRE OR . 5
MORE
. In addition. one flag per dwelling unit. displayed at the unit, is allowed
. Garage and yard sale signs: One sign per property frontage not to exceed
four square feet in area. Directional off-site garage or yard sale signs may be
allowed only on those days when there is a garage or yard sale in progress.
No garage sale or directional sign can be placed in a street right-of-way.
19
Garage sales signs may be displayed not more than two times a year per _.'--
property for a maximum of four days each time. _
. Government and public purpose signs. This category of exempt signs
includes community and neighborhood identity signs. When located in a
public park or other public property, stadium signs and signs erected for
special community events may include commercial messages for vendors
and event sponsors. Signs located on private property which promote
special events for the benefit of charitable, nonprofit organizations cannot
be erected for longer than a total of 30 days per year, nor can these signs
be erected more frequently than two times per calendar year; such signs
may include commercial messages for vendors and sponsors. These
charitable, nonprofit organization signs may be freestanding or attached but
cannot exceed 48 square feet in area.
. Incidental attached signs (including "hiring" signs), provided that the total
area of all incidental attached signs does not exceed four square feet per
building frontage.
. Integral signs: Allowed so long as the total area of these signs does not
exceed two square feet per building facade.
. Machinery signs. Examples are signs on newsracks, gasoline pumps,
telephone booths, and vending machines. Signs on newsracks are also
subJ'ect to the requirements of Section 28.10.
. Marina vessel slip signs: Each individual vessel slip at a marina may be a
identified with a sign not exceeding four square feet in area placed in the
immediate vicinity of the slip.
. Attached menu signs: May be placed in the vicinity of entrances or service
windows of restaurants and may not exceed a total of four square feet per
entrance or service area.
. Onsite directional signs: No individual sign can exceed four square feet in
area. Business logos or other symbols may be placed on onsite directional
signs so long as they do not exceed 25 percent of the area of the sign and
are clearly incidental or complementary to the directional message of the
signs. Freestanding directional signs may not exceed six feet in height.
. Political signs: One sign is allowed for each candidate or issue per each road
frontage. Signs in residential districts cannot exceed six square feet in area.
Signs in nonresidential districts cannot exceed 32 square feet in area. Political
signs may be erected no sooner than 60 days prior to the election for which
they are intended, and must be removed within seven days after the
election for which they are intended.
. Real estate signs. One real estate sign per salable or leasable unit is allowed.
However, only one freestandinq real estate sign per property frontage is
allowed; any additional signs must be attached signs. For individual dwelling
units or duplex developments in single family or multifamily zoning districts - a (I
20
It
a
.
maximum of six square feet in area. In all other circumstances - a maximum
of 32 square feet in area. Freestanding real estate signs must be a minimum
of five feet from all property lines. Directional offsite real estate signs are
allowed for a particular lot only on those days when there is an open house.
Waterfront parcels are allowed one real estate sign oriented toward the
water in addition to the real estate signs allowed for nonwaterfront property.
For parcels with over 500 feet of street frontage on one right-of-way, one
additional freestanding real estate sign may be permitted.
. Special events signs. As approved through the City special events process.
. Stadium signs that face inward toward a stadium and are not intended for
viewing from adjacent properties or rights-of-way.
. Temporary window signs: Signs are allowed in nonresidential zoning districts
for a period not longer than 30 days. The maximum area of these signs is
limited to 20 percent of window area or 100 square feet, whichever is less.
The area to be used for such signs may be required to be clearly delineated
with paint, tape or other markings to aid in the enforcement of the area
requirements of this section.
. Vehicle sale or lease signs - Only as follows: Signs placed in or on the
windows of vehicles advertising them for sale or lease and not exceeding a
cumulative area of four square feet per vehicle.
. Warning signs not larger than four square feet in area.
Nonconforming signs
No nonconforming sign may be constructed, reconstructed, altered, renovated,
relocated, replaced or otherwise changed after October 13, 1985, unless such
action brings the sign into conformance with the provisions of this section,
except to the extent permitted below:
. Any nonconforming sign that is damaged to the extent that the cost for
complete repair does not exceed 50 percent of the replacement cost of the
sign may be repaired.
. The message on any nonconforming sign may be changed one or more
times, provided that no alteration is made to the sign structure. However, this
shall not be construed to allow a nonconforming sign which is painted on a
fence or wall or the roof or wall of a building to be altered, renovated or
otherwise changed unless such action brings the sign into conformity with the
provisions of this section.
. A nonconforming sign may be relocated upon the same property whenever
a portion of a property upon which the sign is located is acquired through
the exercise of the power of eminent domain or otherwise acquired for a
public purpose by any agency having the power of eminent domain.
However, a sign relocated pursuant to this subsection may not be made
21
more nonconforming, and the sign may not be replaced by a sign
constructed of material more durable than the sign being relocated. A
lawful nonconforming sign which is relocated pursuant to this subsection shall
continue to be deemed a lawful but nonconforming sign and shall continue
to be subject to the amortization requirements of subsection (3) of this section
unless specifically exempted therefrom. Any such relocation shall not be
deemed grounds for a variance from the amortization requirements of this
section.
. A sign that otherwise conforms with these requirements but is made
nonconforming with regard to setback requirements by the acquisition of a
portion of the property upon which the sign is located through the exercise
of the power of eminent domain, or through acquisition by other means for a
public purpose by any agency having the power of eminent domain, shall
not be required to be brought into compliance with the setback
requirements unless and until the sign is damaged or destroyed to an extent
equal to 50 percent or more of its replacement cost. However, should the
owner of the property on which the sign is located desire to relocate the sign
to conform with setback requirements, and such relocation can be
accomplished only through the removal of not more than one required
parking space, no variance shall be required to the parking requirements to
allow such relocation.
Amortization requirements. All signs and sign structures which were erected
prior to October 13, 1985, and which were rendered nonconforming by the
adoption of Ordinance No. 4035, and which continue to be nonconforming to
the requirements of this chapter despite the adoption of Ordinance No. 5257,
shall immediately be removed or brought into compliance with the terms
contained herein, the value of such signs having been considered to be fully
amortized over the seven-year period between October 13, 1985, and October
13, 1992, except for the following:
. Any nonconforming sign located on an interstate or federal aid primary
highway, i.e., US Highway 19 and State Road 580 east of US Highway 19,
which is protected from removal by the Federal Highway Beautification Act
or FS Ch. 479 by reason of providing compensation for removal shall be
exempted from the removal terms of this section. This shall not, however,
preclude the City from seeking to remove any such sign through an eminent
domain proceeding, nor achieving sign conformance by other lawful
means. If the Federal Highway Beautification Act or FS Ch. 479, is repealed,
amended or adjudicated to not require compensation, then the removal
provisions contained in this section shall apply.
22
.
a
.
e
. Any nonconforming sign located on Gulf-to-Bay Boulevard east of Highland
Avenue, which if such boulevard was classified a federal aid primary
highway would be protected from removal by the Federal Highway
Beautification Act or F.S. Ch. 479, shall be made to comply with the terms
contained in this section or shall be removed by January 19, 1996, which
date is seven years from the enactment of Ordinance No. 4753.
. Legal nonconforming signs which exist on property annexed into the City on
or before October 13, 1992, shall be subject to the removal or compliance
provisions contained in this section. After October 13, 1992, sign compliance
shall occur within one year of the effective date of the annexation.
Any person aggrieved by the provisions of this section may apply for a sign
variance. In addition to the standards which govern variances, the
Development Review Board shall consider the propriety of the application of
this section based upon the following factors:
e
. Type and extent of the nonconformity, e.g., use, size, height, number
and setback.
. Location of the nonconforming sign.
. Potential adverse aesthetic effects on the property or building, if any.
. Nature of the surrounding uses, both onsite and offsite.
. Location of the nearest similar sign, if any.
. Leasing arrangements, if any.
. Date of installation or erection.
. Initial capital investment.
. Life expectancy of the investment.
. Investment realization to date.
. Cost to alter or remove the sign.
. Salvage value.
. Part of the owner's or lessor's total business involved.
. Monopoly or advantage due to prohibition on similar new signs in the
vicinity.
. Other factors which may be unique to the property or sign.
The Development Review Board may grant a variance only after a public
hearing and upon a demonstration by the owner/lessor of a hardship different
in kind and magnitude from that suffered by other sign owners or lessors similarly
situated.
All signs and sign structures which were replaced or modified lawfully after
October 13, 1985, and prior to the adoption of Ordinance No. 5257 on
e September 17, 1992, and were replaced or modified in order to conform to the
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requirements of Ordinance No. 4035, or to conform to the requirements and
conditions of a variance which was granted with no expiration date or time limit e
on the variance, but which are nonconforming to the requirements of this
chapter solely because of the adoption of Ordinance No. 5257, shall not be
required to conform to these requirements unless such signs and sign structures
are damaged or destroyed to an extent equal to 50 percent or more of their
replacement cost.
Any sign which is in violation of Ordinance No. 4035 or Ordinance No. 4753 and
which is not rendered conforming by Ordinance No. 5257 shall be considered to
be in continued violation of this section as if Ordinance No. 5257 had not been
adopted. In such cases, the adoption of Ordinance No. 5257 shall not interfere
with any pending proceedings before the Municipal Code Enforcement Board
or the County Court or require the issuance of a new citation or notice to
appear, nor shall the adoption of Ordinance No. 5257 permit the amortization
period for any such sign to begin anew.
Any sign which is in violation of Ordinance No. 4035 or Ordinance No. 4753 but
which is rendered conforming in all respects by Ordinance No. 5257 shall be
considered to have been brought into compliance with this section, and any
pending citation or notice to appear before the Municipal Code Enforcement
Board or the County Court shall be dismissed. e
Any neon sign and lighting which is rendered nonconforming by Ordinance No.
5823-95 shall not be required to conform to these requirements unless such signs
or lighting are damaged or destroyed to an extent equal to 50 percent or more
of their replacement cost as determined by the Building Official.
Any sign which is rendered nonconforming by Ordinance No. 5824-95 shall not
be required to conform to these requirements unless such signs or lighting are
damaged or destroyed to an extent equal to 50 percent or more of their
replacement cost as determined by the Building Official.
Any sign which is rendered nonconforming by Ordinance No. 5825-95 shall not
be required to conform to these requirements unless such signs or lighting are
damaged or destroyed to an extent equal to 50 percent or more of their
replacement cost as determined by the Building Official.
Abandoned signs
Except as otherwise provided in this section, any sign that is located on property
which becomes vacant and unoccupied, pertains to Q business which does not
maintain a current and valid City occupational license, or pertains to a time, e
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event or purpose which no longer applies shall be deemed to have been
abandoned. Any abandoned sign shall be prohibited in all zoning districts and
shall be removed by the owner of the sign or owner of the property. The frame
of an abandoned sign shall not be required to be removed if it conforms to all
applicable terms contained in this section, including the surface area for sign
replacement yielded by such frame.
Any sign structure which supported an abandoned sign and which conforms to
all applicable terms contained in this section shall be allowed to remain in
place. However, if a sign structure which supported or supports an abandoned
sign is inconsistent with any term contained in this section, including the surface
area for sign replacement yielded by the frame, then the sign structure and
frame shall immediately be either altered to comply with the terms contained in
this section or removed by the owner of such structure or property.
Prohibited signs
The following types of signs are prohibited:
. Abandoned signs. Abandoned signs and/or sign structures which are
determined to be nonconforming with the provisions of this section shall be
required to be removed by the property owner within 30 days after receipt of
notification, or refusal to accept delivery of notification by certified mail, that
such removal is required. Alternately, the sign panels within the abandoned
sign structure may be removed and replaced with sign panels of neutral
color and containing no message.
. Banners, flags, balloons, cold air inflatables, streamers, and strings of
pennants, except where allowed as governmental and public purpose signs
for special events of limited time and frequency, as approved by the City
Manager or the City Commission, and except banners and flags where
allowed as an exemption from the permitting requirements of this section or
where permitted as freestanding or attached signs.
. Bus shelter signs and bench signs. This prohibition shall not be construed to
include the identification of the transit company or its route schedule.
. Changeable message signs, except menu and time and temperature signs,
on which the message changes more rapidly than eight times every 24
hours.
. Menu signs on which the message changes more rapidly than once every
three hours.
. Pavement markings, except official traffic-control markings and street
addresses.
. Portable signs.
. Roof and above roof signs.
25
. Sandwich board signs, except in the core and eastern corridor subdistricts of
the urban center district.
. Signs attached to or painted on piers or seawalls, other than official
regulatory or warning signs.
. Signs in or upon any river, bay, lake, or other body of water.
. Signs located on publicly owned land or easements or inside street rights-of-
way, except signs required or erected by permission of the City Manager or
City Commission, and sandwich board signs to the extent permitted in this
section. Prohibited signs shall include but shall not be limited to handbills,
posters, advertisements, or notices that are attached in any way upon
lampposts, telephone poles, utility poles, bridges, and sidewalks.
. Signs that emit sound, vapor, smoke, odor, particles, or gaseous matter.
. Signs that have unshielded illuminating devices or which reflect lighting onto
public rights-of-way thereby creating a potential traffic or pedestrian hazard.
. Signs that move, revolve, twirl, rotate, flash, including animated signs,
multiprism signs, floodlights and beacon lights except when required by the
Federal Aviation Agency or other governmental agency.
. Signs that obstruct, conceal, hide, or otherwise obscure from view any official
traffic or government sign, signal, or device.
. Signs that present a potential traffic or pedestrian hazard, including signs
which obstruct visibility.
. Signs attached to or placed on any tree or other vegetation.
. Signs carried, waved or otherwise displayed by persons either on public
rights-of-way or in a manner visible from public rights-of-way. This provision is
directed toward such displays intended to draw attention for a commercial
purpose, and is not intended to limit the display of placards, banners, flags or
other signage by persons participating in demonstrations, political rallies and
similar events.
. Snipe signs.
. Temporary window signs in residential districts.
. Three-dimensional objects that are used as signs.
. Time and temperature signs in which the message changes more rapidly
than once every 15 seconds.
. Vehicle signs and portable trailer signs.
. Any sign that is not specifically described or enumerated as permitted within
the specific zoning district classifications in this Land Development Code.
Illegal signs
The following signs shall be considered to be illegal:
. A sign placed after October 13, 1985, which is inconsistent with the terms
contained in this section;
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. A sign placed prior to October 13, 1985, which required the issuance of a
permit according to the regulations applicable at the time, but which permit
was never procured;
. A sign placed prior to October 13, 1985, which did not require the issuance of
a permit according to the regulations applicable at the time, but which sign
was placed inconsistent with the terms governing location, height, surface
area or other regulatory measure applicable at the time;
. A sign damaged or destroyed in excess of 50 percent of its replacement cost
and which is not removed consistent with the terms of this chapter;
. A sign which is abandoned.
Upon determination by the Development Code Administrator that a certain sign
is illegal, the Code Administrator shall act to remedy the violation, which actions
may include:
. The issuance of a citation of violation to the individual who owns, is
responsible for, or benefits from the display of such sign prescribing:
. The action necessary to make the sign legal and conforming to the
terms contained in this section.
. The time which the individual is afforded to accomplish such action.
. The issuance of a citation of violation to the individual who owns, is
responsible for, or benefits from the display of such sign ordering:
. The removal of the illegal sign.
. The time which the individual is afforded to accomplish such removal.
. The removal of any illegal sign located on public property, including any
such sign located within a street right-of-way.
27
LANDSCAPING
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Much of the character of the City of Clearwater is determined both by
landscaping installed by property owners and by the City's existing tree canopy.
Landscaping and trees make our City beautiful, provide shade from the hot
Florida sun, protect water quality, and create needed buffers between land
uses.
Incentives: We offer these incentives for landscaping installation.
. Creative landscaping solutions are encouraged. Examples that might be
approved in lieu of standard landscaping requirements include: Leaving a
wide strip of woodland, including undergrowth; Installing a landscaped berm
in lieu of a fence or wall; Installing or retaining existing landscaping material
at a greater density or having a larger size at time of installation than the
minimums specified above; or Creatively alternating landscaped hedges
and fences/walls. These creative alternatives must be approved by the
City's Environmental Division. .
. Plans that incorporate existing trees and xeriscape landscape solutions are
stronqlvencouraged.
· Retention pond areas can be used to partially account for required e
landscape buffers.
. Credit is given for existing trees that are retained in landscapes for property
being redeveloped.
. Trees are more important to us than parking spaces; parking or other
variance applications to save trees are usually supported by both City staff
and review boards.
Tools and Techniques: Clearwater also believes that landscaping plans
and improvements must be well-designed to serve both aesthetic and
functional objectives. Consequently, we establish the following requirements:
General requirements.
. Single family residential and duplex uses are exempt from these
requirements. These requirements apply to all multifamily residential and
nonresidential development, including additions amounting to 25% or more
of the existing floor area..
. Front slopes of stormwater retention areas may comprise up to 50 percent of
any required landscape buffer width, provided that the slope is 4:1 or flatter and
that all required shrub plantings are not more than six inches below the top of
bank. .
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. In areas where structures are constructed within the required perimeter buffer
area, the landscape buffer will not be required where the structure is located.
Perimeter landscapinq is required landscaping adjacent to public streets or
other adjoining properties. This landscaping is intended to provide a visual
separation between the site to be developed and adjoining streets and
properties. Purposes for perimeter landscaping include buffering land uses of
varying intensity, reducing glare from automobile headlights, and aesthetics.
The following table establishes perimeter landscaping standards.
Nonresidential 5' Min. Paved Areas Only 10' Min.
1 Tree/ 40' 1 Tree/ 40'
75% Shrubs 100% Shrubs
Multi Family 10' Min. 10' Min. Paved Areas
(= Or > Density) 1 Tree/ 40' 1 Tree/ 40'
100% Shrubs 100% Shrubs
e Multi Family (Less Density) 12' Min. 10' Min.
Or Single Family 1 Tree/ 40' 1 Tree/ 40'
100% Shrubs 100% Shrubs
Arterial Or Collector 10' Avg., 3' Min. 10' Avg., 3'min.
Right-Of-Way 1 Tree/4O' 1 Tree/ 40'
75% Shrubs 75% Shrubs
Local Street 5' Avg., 3' Min. 5' Avg., 3'min.
Right-Of-Way 1 Tree/ 40' 1 Tree/4O'
75% Shrubs 75% Shrubs
PERIMETER LANDSCAPING RE UIREMENTS
If a wooden fence or a concrete (stuccoed and painted) or stone wall is used in
combination with landscaping, the average perimeter width can be reduced
by 2 feet along local streets or between nonresidential uses, by 5 feet along
arterial or collector streets, and by 50% (wooden fences) and 75% (concrete or
stone walls) along side and rear property boundaries.
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EXAMPLES
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Interior landscapinq is landscaping installed within parking lots or against blank
sides of buildings that are viewable from streets. Interior landscaping is intended
to beautify and shade parking lots and eliminate the monotony of blank,
doorless and windowless building facades. The following table establishes
interior landscaping standards for parking lots.
INTERIOR LANDSCAPING STANDARDS - PARKING LOTS
111ll111.1f."!IIIftr~"III!II;.~r.i:i:,iilll.1
..' ... ... .
> 12,000
~ Code Requirement
Ius 10%
> 110% of Code
R uirement
6%
150
9
8%
4000-12,000
~ Code Requirement
Ius 10%
> 110% of Code
Requirement
6% or 3% plus 3% in
additional perimeter
buffer 150
8% or 4% plus 4% in
additional perimeter
buffer
NONE REQUIRED
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< 4000
1 Tree/2oo sq. ft.
50% shrub coverage
(= interior area/18)
1 Tree/2oo sq. ft.
50 % shrub coverage
(= interior area/18)
Foundation planting requirements: For blank building facades viewable from
street rights-of-way, foundation plantings must be provided within a 5 foot wide
(minimum) landscaped area immediately adjacent to the building facade.
These foundation plantings must include one tree for every 40 linear feet of
building facade. One shrub must be provided for every 20 square feet of
landscaped area.
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EXAMPLE
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Plant material specifications. The following table summarizes the required plant
material specifications:
Palm Tree
8' height
2" cali er
8' clear trunk
Florida
Grade #1
Florida
Grade #1
75%
Use of live oak (City tree) is
encouraged, however species
diversity is preferred over
monoculture.
2 accent trees = 1 shade tree.
Shade Tree
8' height
2" caliper
Florida
Grade #1
75%
Accent Tree
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Can be used to satisfy 75 % of
tree requirements on Beach,
Sand Key & Island Estates, 25 %
elsewhere. Clusters of 3 = 1
shade tree.
18" perimeter Florida 50% Use of Hibiscus (City flower) is
12" interior Grade #1 encouraged for non-required
............................................ .......}..g~.~~.~..~:......... .................................... ................................................. ..............}~~~~~p.~.p.~.~.~~g~:................
Ground Cover N/A Florida 50% Encouraged in lieu of turf to
Grade #1 reduce irri ation needs.
Drought N / A Turf areas should be
tolerant consolidated and limited to areas
varieties of pedestrian traffic, recreation
& erosion control.
50%
Shrub
Turf
N/A
Irriqation. The sandy soils of Pinellas County support a wide variety of native
vegetation, but most other kinds of landscaping require irrigation to survive and
thrive. The following requirements are established for proper irrigation.
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. Trees and plant material installed to meet landscape requirements shall be
grouped together into zones according to water use needs (high, moderate
or low) as identified in the list at the end of this section. These zones shall be
irrigated separately. Use of plants not included in the list must be subject to
prior approval from the Environmental Management Division.
. Sufficient irrigation must be supplied to all landscape areas to preserve the
required landscaping in a healthy growing condition. In particular, all
landscaping grouped into high water use zones must be provided with
central automatic irrigation systems and all other landscaping utilized to fulfill
the terms of this section shall have a tap or other source of irrigation water
within 50 feet.
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. All irrigation systems connected to the public water supply system must _
include a backflow preventer at the service connection. .,
. Irrigation systems must be installed so as to minimize spray upon any
impervious surface, such as sidewalks and paved areas. Trees and non-turf
plant materials should be watered separately from turf since their water
requirements, to remain in a healthy growing condition, will differ. Turf is more
susceptible to degradation from drought than are other plant materials with
larger, more expansive root systems. Therefore, turf will require more frequent
supplemental irrigation in periods of drought. Irrigation systems shall be
designed to provide separate zones for turf and plant materials, with the
capability to provide watering schedules that will most efficiently provide the
frequencies and amounts of water to maintain turf and plant materials in
healthy condition. "Drip" irrigation and low volume emitters are recognized
as the most efficient method to provide irrigation to trees, shrubs, and
groundcovers. The overall irrigation system must be well planned and
managed to meet irrigation needs and conserve water.
. All irrigation systems must include a rain sensor/shut-off device to avoid
irrigation during periods of sufficient rainfall. This equipment consists of an
automatic mechanical or electronic sensing device or switch which will
override the irrigation cycle when adequate rainfall has occurred.
. Underground irrigation lines cannot be installed within the drip lines of existing
trees designated to remain on site, unless root protection methods are e
specified and prior approval is received from the Environmental
Management Division.
. The use of reclaimed water for irrigation is encouraged in areas where it is
available.
Installation. Proper installation of landscape materials increases survivability of
these materials, reducing the need to replace them in the future and insuring
they will grow to meet their intended function. The following standards are
established for proper landscape installation:
. All landscape areas must be covered with shrubs, ground cover, turf, mulch
or other suitable material which permits percolation. Where mulch is used, it
must be protected from washing out of the planting bed. The use of cypress
mulch is discouraged. Inorganic mulch, such as gravel or rock should only be
used where washouts occur. Plastic sheets that are not permeable should
not be installed under mulches.
. Trees which are balled and burlapped must have the burlap removed or
folded down at the time of planting. All twine or rope must be removed. If
wire baskets are used, the upper rows must be cut before planting. If stakes
or guy wires are used to support a tree, the wire must be covered with
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protective material. The stakes or guy wires must be removed after one
growing season. Trees which decline due to improper planting or staking will
be required to be replaced.
. All landscaping required by this section must be protected from vehicular
and pedestrian traffic by the installation of curbing, wheel stops, landscaping
timbers or other adequate protective devices along the perimeter of any
landscaping which adjoins vehicular travel areas and sidewalks. These
protective devices must have a minimum height of six inches above grade.
No parking, display of vehicles or outdoor storage or display of merchandise
is permitted in or over any required landscaped area, nor are vehicles
permitted to overhang any required landscaped area.
. Soil in which required landscaping is to be installed must be generally
indigenous to the site locale. Soil must be loose, friable and free of
construction materials, road base material, rocks, weeds, grasses, hardpan
clay or other debris. pH must be adjusted where necessary to be
compatible with the plant species being installed. Soil must be slightly
swaled to retain surface stormwater. Backfill soil material must be thoroughly
watered in around plant root balls to prevent any air pockets. The use of
amended and enriched soils may be required where necessary to increase
the water retention capabilities of soils in order to reduce the amount of
watering needed to meet the landscape's water requirements. Free soil
analyses are available to any individual or company registered with the
State Division of Plant Industry.
. Landscape restriction at intersections: To minimize traffic hazards, at street or
driveway intersections, all landscaping installations must provide
unobstructed cross visibility at a level between three and six feet above
grade within the sight distance triangle area described in the figure below.
Maintenance. Proper maintenance is critical to the long term survivability of
landscaping. If landscaping required by this code dies or fails to properly grow,
it will must be replaced. The following requirements address landscape
maintenance issues.
.
The owner and tenant, if any, will be jointly and severally responsible for
the continuous maintenance and protection of all required landscaping,
which must be maintained in a healthy growing condition so as to present
a neat and orderly appearance and kept free from refuse and debris.
Trees planted to meet the requirements of this section cannot be topped,
shaped or severely pruned, but must be allowed to grow to maturity and
attain their natural form.
All landscaping near public sidewalks must be maintained to allow
unobstructed passage of pedestrians.
.
.
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.
Landscaping will be inspected periodically, but not less frequently than
every three years, by the Environmental Management Division to ensure
that proper maintenance is provided.
Dead, declining and diseased plant material must be replaced with
healthy material of similar type in keeping with the landscaping
requirements at the time of original planting.
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Landscape . plan. Prior to the issuance of a building permit for any
development meeting the thresholds in this section, three copies of a
landscape plan for the site must be submitted with the building permit
application. The landscape plan is to be reviewed by the Environmental
Management Division. No certificate of occupancy will be issued for the
property until the landscaping is installed, inspected and determined by the
Environmental Management Division to be in compliance with the approved
plan. The landscape plan must include the following information:
(a) Site location map;
(b) Scale, which shall not be smaller than one inch equals 50 feet;
(c) North arrow;
(d) Name, address and telephone number of the owner and/or
designer;
(e) Property lines and utility lines/structures; e
(f) Building outlines;
(g) All proposed structures and improvements, including but' not limited
to walls, fences, walks, pools, patios, irrigation systems, dumpster
pads, pad mounted transformers, fire hydrants, overhead
obstructions, sign locations and treatment of all ground surfaces;
(h) Name of abutting street rights-of-way;
(i) Zoning districts assigned to the subject property and contiguous
properties;
OJ Existing and proposed elevations;
(k) Drainage and retention areas, including side slopes and bottom
elevations, and drainage structures and other drainage
improvements;
(I) Delineation of parking areas and other vehicular use areas,
including parking spaces, circulation aisles, interior planter islands,
wheelstops and curbing;
(m) Existing trees, by species, size and location, including dripline;
(n) Location, size, description, specifications and quantities of all
landscape materials, including botanical and common names;
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Typical planting details for trees and shrubs, including planting
instructions, soil mixes, backfilling, mulching, staking and protective
measures;
Paved area coverage of the parking lot and vehicular use areas,
expressed in square feet;
Interior landscape coverage, expressed both in square feet,
exclusive of perimeter landscaped strips, and as a percentage of
the paved area coverage of the parking lot and vehicular use
areas.
Irrigation water use zones.
A list of any applicable variances or specification adjustments
granted by the City.
(0)
(p)
(q)
(r)
(s)
RECOMMENDED PLANT SPECIES BY WATER USE ZONE
SHADE TREES- LOW WATER USE
Carya illinoensis
Ilex x attenuata
Koelreuteria elegans
Persea borbonia
Pinus palustris
Prunus serotina
Quercus nigra
Quercus virginiana
Ulmus floridana
pecan
east palatka holly
goldenrain tree
red bay
longleaf pine
black cherry
water oak
live oak
florida elm
Carya glabra
Juniperus silicicola
Liquidambar styraciflua
Pinus elliottii
Pinus taeda
Quercus laurifolia
Quercus shumardii
Ulmus alata
Ulmus parvifolia
SHADE TREES- MODERATE WATER USE
Acer rubrum
Fraxinus pennsylvanica
Platanus occidentalis
red maple
green ash
sycamore
Celtis laevigata
Magnolia grandiflora
Taxodium distichum
SHADE TREES- HIGH WATER USE
Betula nigra
Nyssa sylvatica
ascendens
river birch
blackgum
pond cypress
Gordonia lasianthus
Salix caroliniana
ACCENT TREES- LOW WATER USE
Baccharis halimifolia
Forestiera segregata
Lagerstroemia indica
Prunus angustifolia
groundsel
florida privet
crape myrtle
chickasaw plum
Coccoloba uvifera
Ilex vomitoria
Myrica cerifera
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pignut hickory
southern red cedar
sweetgum
slash pine
loblolly pine
laurel oak
shumard oak
winged elm
weeping elm
sugarberry
southern magnolia
bald cypress
loblolly bay
coastal plain willow Taxodium
sea grape
yaupon holly
wax myrtle
ACCENT TREES- MODERATE WATER USE
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Callistemon viminalis
Cercis canadensis redbud
Crataegus marshallii
Ligustrum lucidum
Vaccinium aboreum
Vitex trifolia
weeping bottlebrush Callistemon rigidus upright bottlebrush
Chionanthus virginicus fringe tree
parsley hawthorne Illicium parviflorum yellow anise
glossy privet Myrcianthes fragrens simpson stopper
sparkleberry Viburnum obovatum walter's viburnum
chaste tree
ACCENT TREES- mGH WATER USE
Cephalanthus occidentalis buttonbush
Hex cassine dahoon holly
Fraxinus caroliniana
Sambucus canadensis
carolina (pop) ash
elderberry
PALM TREES- LOW WATER USE
Arecastrum romanzoffianum queen palm
Livistona chinensis chinese fan palm
Phoenix reclinata senegal date palm
Sabal palmetto cabbage palm
Trachycarpus fortunei windmill palm
PALM TREES- MODERATE WATER USE
Acoelorrhaphe wrightii
Rhapis excelsa
paurotis palm
rhapis/lady palm
PALM TREES- mGH WATER USE
SHRUBS- LOW WATER USE
*Baccharis halimifolia
Callicarpa americana
Elaeagnus pungens .
*Forestiera segregata
Hex glabra
Jasminum nitidum
Juniperus chinensis
Leucophyllum frutescens
*Myrica cerifera
Nandina domestica
Plumbago auriculata
Raphiolepis indica
groundsel
beauty berry
silverthorn
florida privet
gallberry
shining jasmine
juniper cultivars
texas sage
wax myrtle
heavenly bamboo
plumbago
indian hawthorn
SHRUBS- MODERATE WATER USE
Ardisia crenata
Calycanthus floridus
Ficus carica
Gardenia jasminoides
Hex crenata 'compacta'
*Illicium parviflorum
coral ardisia
sweetshrub
edible fig
gardenia
dwarf japanese holly
yellow anise
Chamaerops humilis
Phoenix canariensis
Rhapidophyllum hystrix
Serenoa repens
Washingtonia robusta
european fan palm
canary island date palm
needle palm
saw palmetto
washington palm
Phoenix roebelenii
pygmy date palm
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NONE
Buxus microphylla japonica japanese boxwood
*Coccoloba uvifera seagrape
Feijoa sellowiana pineapple guava
Hex cornuta chinese holly
Hex vomitoria schillings dwarf yaupon
Lagerstroemia indica nanadwarf crape myrtle
Lyonia lucida fetterbush
Murraya paniculata orange jasmine
Nerium oleander oleander
*Prunus angustifolia chickasaw plum
Ternstroemia gyrnnanthera cleyera
Aucuba japonica
Camellia japonica
Galphimia glauca
Hibiscus syriacus
japanese aucuba
camellia
thryallis
. rose of sharon
Jasminum multiflorum
downy jasmine
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Ligustrum sinense variegata sinensis
Philodendron selloum philodendron
Pittosporum tobira pittosporum
Rosa palustris swamp rose
Viburnum odoratissimum sweet viburnum
SHRUBS- HIGH WATER USE
*Cephalanthus occidentalis buttonbush
Hibiscus coccineus swamp hibiscus
* MAY ALSO BE USED AS ACCENT TREES.
GROUND COVER- LOW WATER USE
Asparagus c;iensi sprengeri sprengeri
Borrichia frutescens sea oxeye daisy
Helianthus debilis beach sunflower
Juniperus spp. cultivar ground covers
Piloblephis rigida pennyroyal
Setcreasea spp. purple queen
Uniola paniculata sea oats
Yucca filamentosa adam's needle
Myrcianthes fragrens
Photinia x Fraseri
Rhododendron spp.
*Viburnum obovatum
Viburnum suspensum
simpson stopper
photinialred tip
azalea
walter viburnum
sandankwa viburnum
Cyperus alternifolius
Itea virginica
umbrella plant
virginia willow
Aspidistra elatior cast iron plant
Dietes bicolor african iris
Hymenocallis spp. spider lily
Lantana montevidensis weeping lantana
Rhoeo spathacea 'nana' dwarf oyster plant
Tulbaghia violacea society garlic
Wedelia trilobata wedelia
Zamia pumila coon tie
GROUND COVER- MODERATE WATER USE
Agapanthus africanus
Caladium x hortulanum
Cuphea hyssopifolia
Gerbera jamesonii
Liriope muscari
Nandina domestica nana
Nephrolepis exaltata
Portulaca spp.
Rumohra adiantiformis
Spathiphyllum spp.
agapanthus
caladium
false heather
gerbera daisy
liriope
dwarf nandina
sword fern
purslane
leatherleaf fern
peace lily
GROUND COVER- HIGH WATER USE
Canna flaccida
Impatiens spp.
Osmunda regalis
yellow canna
impatiens
royal fern
Begonia spp. begonia
Convolvulus 'Blue Daze' blue daze
Cyrtomium falcatum holly fern
Hemerocallis spp. day lily
Mitchella repens partridgeberry
Neoreglia spp. bromeliad
Ophiopogon japonicus mondo grass
Ruellia caroliniensis ruellia
Sisyrinchium spp. blue-eyed grass
Trachelospermum asiaticum dwarf jasmine
Crinum americanum
Iris hexagona
Saururus cernuus
swamp lily
blue flag
lizard's tail
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TREE PROTECTION
Clearwater believes that a healthy urban forest provides various benefits, including:
moderation of storm water runoff; reduction of air pollution; wildlife habitat; noise
reduction; climate moderation; scenic amenities; and enhanced property values.
Consequently, the following tree protection requirements are established.
INCENTIVES
Tree protection requirements, by their very nature, are site-specific. Consequently,
there must be some flexibility in their application in order to effectively respond to
site-specific circumstances. This flexibility occurs through:
. Standards for approval of tree removal permits.
. Credits for existing trees.
. Credits for preserving native vegetation and maintaining native understory
vegetation.
. Credits for methods used to enhance the survival of existing trees.
TOOLS AND TECHNIQUES
Definitions
. Arboriculture - the care and maintenance of trees.
. Coniferous - a tree belonging to a group of mostly evergreen trees that bear
true cones or arillate fruit.
. Critical root zone - the rooting area of a tree established to limit root
disturbances, in which disturbances are likely to directly affect a tree's chance
for survival. The term means the ground area within the tree's dripline.
. Crown - all branch parts including all stems, twigs and foliage.
. Department - the Engineering Department.
. Diameter at breast height (DBH) - the standard measurement of the diameter, in
inches, of a single-stemmed tree measured at 4 1/2 feet above grade. The DBH
of a multi-stemmed tree equals the sum total of the diameter of all stems
measured at 4 1/2 feet above grade.
. Director - the director of the department or his/her delegate.
. Dripline - an artificial line along the ground which conforms to the perimeter of
the crown of a tree as projected vertically to the ground.
. Grubbing - the removal of any type of rooted vegetation from land by digging,
raking, dragging or otherwise disturbing the roots of such vegetation and the soil
in which such roots are located.
. Heavy machinery - mechanical land-clearing, earth-moving or earth- working
equipment with a gross weight in excess of 5,000 pounds or which utilizes steel
tracks for traction.
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. Hazardous tree - a tree that, in the opinion of the department, constitutes a
hazard to life or has a significant potential to cause injury to persons or damage
to property as the tree is in imminent danger of falling, or is otherwise considered
by a representative of the department to be or likely to create a hazard.
"Hazardous trees" include dead, diseased, broken, split, cracked, leaning and
uprooted trees or trees harboring communicable diseases or insects of a type
that the director determines could infest and cause the decline of adjacent
trees.
. Historic tree - a tree which has been found to be of notable historic interest to
the city, because of its age, type, size or historic association with the community,
and has been so designated by the City Commission.
. Light machinery - hand or mechanically operated equipment used in proximity
to protected trees and not meeting the definition of heavy machinery.
. Native vegetation - any and all plants species that are indigenous to the City of
Clearwater.
. Prohibited tree pruning - the removal of more than 30 percent of a tree's
foliage, and shall apply to all protected trees. Topping, as defined in this section,
is also prohibited on all protected trees.
. Protected tree - any tree of four inches DBH or greater, that is not spcifically
exempted.
. Protective barrier - a physical structure which complies with the specifications
and requirements of this section and effectively limits access to a protected
area.
. Remove or removal - the actual removal or causing the effective removal
through damaging, poisoning, excessive pruning, or other direct or indirect
actions resulting in the death of a tree.
. Root pruning - the cutting of tree roots using methods approved by the director
for the purpose of minimizing damage to the root system and reducing overall
tree stress.
. Specimen tree - any tree which the department determines to be of high value
to the community because of its type, size, age, exceptional quality, or other
professional criteria, and so designated by the department.
. Specimen tree stand - a contiguous grouping or cluster of trees which has been
determined to be of high value. Determination of such value is based upon one
or more of the following:
(a) the relative maturity and even age of the stand;
(b) the purity of the tree species composing the stand;
(c) the rare or unusual nature of the stand;
(d) the aesthetic quality of the stand;
(e) habitat value of the stand.
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(f) such other characteristics as may be applied in designating a specimen
tree by the department in accordance with the specimen tree definition
above.
Topping - the removal of vertical leader stems on all protected trees.
Tree - any erect standing woody plant, together with its root system, of a species
which normally attains a minimum overall height at maturity of at least 15 feet in the
Clearwater area. The following are not considered to be trees for the purposes of
this section and a permit is not required for their removal:
. Punk (cajeput) tree-Melaleuca quinquenervia also known as Melaleuca
leucodendron;
. Brazilian pepper-Schinus terebinthifolius;
. All non-native (introduced) palms.
General requirements.
. It is unlawful to remove (as defined above) any trees, except as provided in this
section. In addition to the penalties provided in this development code, any
person who violates any provisions of this chapter must forfeit and pay to the
City a civil penalty equal to the total value of those trees illegally removed or
damaged as computed by the International Society of Arboriculture shade tree
value formula. These penalties may be recovered in a civil action brought by
the City. Collected penalties will be placed in the City tree bank. Replacement
of illegally removed trees may be required as restoration in lieu of money. This
replacement will be computed on an inch for inch basis according to the total
inches of DBH of all illegally removed trees. A combination of money -and tree
replacement may be required.
. It is unlawful for any person to alter or remove any red, white or black mangrove
except in compliance with the requirements of Chapter 17-321, Florida
Administrative Code, relating to mangrove protection, the enforcement of
which has been delegated to the Pinellas County Environmental Management
Department.
. The following trees must not be planted in Clearwater:
. Melaleuca quinquenervia also known as Melaleuca leucodendron
(punk tree or cajeput tree)
. Schinus terebinthifolius (Brazilian pepper tree).
. Casuarina tree species, commonly known as Australian pine trees, must not be
planted within 20 feet of any public street or right-of-way.
. No person can allow a hazardous tree, as defined herein, to remain standing on
his or her property within the City.
Whenever anyone of the above prohibited trees has been planted within the City,
or a hazardous tree is found to exist within the City, the director will notify the owner
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or occupant of the property upon which the subject trees are located that such
trees are in violation of this section.
If after notification, and following any requested hearing provided for in this section,
it is determined that a violation exists, the property owner has 15 days to remove
the trees, or the director will have the trees removed and charge the costs of
removal to the property owner.
Tree Removal Permits.
On any property located in Clearwater, it is unlawful for any person to remove any
tree having a DBH of four inches or greater without a tree removal permit. In case
of emergencies involving natural disasters such as, but not limited to, hurricane,
windstorm, flood, freeze or other natural disasters, the tree removal permit
requirements of this section may be waived by the City Manager.
TREE REMOVAL PERMIT
REVIEWED BY: City staff.
SUBMITIAL REQUIREMENTS: An application form provided by the department must
be completed and turned into the department along with all applicable fees. In
addition to the form, the director may require the applicant to submit any or all of
the following additional documentation:
. A site plan showing the location of all trees and mangroves by size and species,
distinguishing the tree or trees proposed to be removed, the scaled location of
proposed tree barricades, existing and proposed structures, walks, driveways,
and parking areas and other improvements. The site plan, if required, must
specify the method or methods to be utilized to preserve all remaining trees
including their root systems, and the means of providing water and nutrients to
such root systems.
. A plan prepared by a certified arborist, consulting arborist, or other specialist in
the field of arboriculture, detailing the methods to be used and certifying in his or
her professional opinion that all protected trees will remain in a healthy growing
condition after the construction is complete.
. A topographical survey of the property, if the change in elevation of the grade
is greater than five feet or if the property is one acre or more in area.
. Such other documentation as the director may require to evaluate the
proposed tree removal.
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STANDARDS FOR APPROVAL:
. The condition of the tree with respect to disease, insect attack, danger of falling,
proximity to existing or proposed structures and interference with utility services.
. The necessity of removing a tree to construct proposed improvements in order
to allow reasonable economic use of the property.
. The topography of the land where the tree is located and the effect removal of
the tree would have on erosion, soil moisture retention, diversion, increased or
decreased flow of surface waters, and coordination with a City watershed
management plan or similar plans adopted by the City Commission.
. The number and density of trees existing in the neighborhood on improved or
unimproved property.
. The effect removal of a tree would have on property values in the
neighborhood where the applicant's property is located and on other existing
vegetation in the neighborhood.
. Whether the tree has been designated an historic or specimen tree.
. The impact upon the urban and natural environment, including:
a. Ground and surface water stabilization. Whether the removal of trees will
substantially and adversely alter the water table regarding water assimilation
by vegetation, transpiration, and the interception of solar radiation as it
affects the evaporation potential of associated soils and bodies of water.
b. Water quality and aquifer recharge. Whether the removal of trees will
significantly lessen the ability for the natural assimilation of nutrients, chemical
pollutants, heavy metals and other noxious substances from ground and
surface waters during the infiltration, percolation and other movements of
such waters toward an aquifer or natural stream.
c. Ecological impacts. Whether the removal of trees will have an adverse
impact upon existing biological and ecological systems, micro-climate
conditions which directly affect these systems, or whether such removals will
create conditions which may adversely affect the dynamic equilibrium of
associated systems.
d. Noise pollution. Whether the removal of trees will significantly increase
ambient or point source noise levels to the degree that a public nuisance is
anticipated to occur or that a violation of the County or City noise control
ordinance is anticipated to occur.
e. Air movement. Whether the removal of trees will significantly reduce the
ability of the existing vegetation to reduce wind velocities to the degree that
a nuisance is anticipated to occur.
f. Air quality. Whether the removal of trees will significantly affect the natural
cleansing of the atmosphere by vegetation through particulate matter
interception, the reduction of noxious and poisonous gases, or the net
production of oxygen released to the atmosphere.
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g. Wildlife habitat. Whether the removal of trees will significantly reduce
available habitat for wildlife existence and reproduction, or result in the
emigration of wildlife from adjacent or associated ecosystems.
. The ease with which the applicant can alter or revise the proposed
development or improvement to accommodate existing trees, including the
tree or trees proposed for removal.
. The economic hardship which would be imposed upon the applicant should
the permit not be granted.
. The number of previously permitted tree removals on the site.
APPEALS TO: Development Review Board.
The director will issue the tree removal permit unless, upon consideration of the
above standards for approval, the director finds any of the following will result:
. That the applicant will not be unreasonably affected by shifting the location of
the structure, building or improvement which the applicant wishes to construct
on the site, if the shift will maintain the existence of the subject trees and still
permit construction of such building or improvement on the site;
. That the applicant will not be unreasonably affected in modifying the design of
a structure, building, or other improvement which the applicant wishes to
construct on the site; if the modification will maintain the existence of the trees
proposed to be removed, and still permit construction of a substantially similar
building on the site;
. That the removal of the subject trees will have a substantial adverse impact on
the urban and natural environment itself, or in conjunction with the proposed
tree removals.
If the director denies a request for a tree removal permit, the director will state in
writing the reasons for denial. Any applicant who is adversely affected by a
decision of the director may appeal the decision to the development review
board. The appeal process requires filing, within 10 days from the director's.
decision, a written appeal with the development code administrator, with a copy
filed to the director. The appeal must indicate the reasons for the appeal and
include all applicable fees.
Appeals will follow the procedural requirements for public hearings, but not the
notice requirements. Anyone adversely affected by a decision of the
Development Review Board may appeal that decision to a hearing officer.
Expiration. Tree removal permits expire if the work authorized by the permit is not
completed within one year of the date the permit is issued. The holder of an
expired permit may apply for re-issuance of the permit within 30 days of expiration,
45
and the director, at his discretion, may cause the permit to be re-issued and waive _
any fees. Alternatively, application for a new permit must be made. .
Tree replacement. In certain cases tree removal permits may be approved subject
to a tree replacement requirement. Replacement requirements for residential
single family and duplex lots covering one acre or less are provided in the table
below. In no instance will the number of required replacement trees exceed the
number of trees existing on the property at the time of granting the tree removal
permit, or the number of trees removed, whichever is less.
IreeRe.oioce.me.nf:ReQiwemerUsForResidentlolzone.s':
Lot Size (So. Ft.) # Of Replacement Trees Credit for Existina Trees
3500- 6000 2
600 1 7500 3 4' , 1 0' , Trees= 1 Tree
- -
750 1 1 0,000 4 1 0' , -20' , Trees= 2 Trees
-
1 0,00 1 - 1 6,000 6 >20' , Trees = 4 Trees
1 6,00 1 - 43,560 1 2
> 43,560 See Non-Residentia I Requirements Below
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Replacement requirements for all new construction other than residential lots less
than one acre are governed by DBH measurements of existing and replacement
trees, rather than actual tree count. Each site is allowed to remove 25 percent of
the DBH of the trees existing on the property prior to construction with no
requirements for tree replacements: however this removal allowance may be used
only one time on any particular site. When development at a site necessitates the
removal of more than 25 percent of the DBH of the existing protected trees .on the
property, tree replacement requirements are inch for inch replacement of all
diameter inches removed over the allowable 25%.
EXAMPLE:
133 trees exist on a property: 1,000 diameter inches is the total DBH of the existing
trees: 700 diameter inches will be removed by development: 300 diameter inches
of the trees will remain on the property after development is complete:
Allowable removal = 25% of 1000" = 250".
Required replacement inches = 700" - 250" = 450".
When tree replacements are so great that sufficient space is not available to
replace all tree deficits on the site in accordance with these requirements, the
remaining deficit must be met by paying a fee to the City tree bank in lieu of
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replacement. The fee is $84.00 for each two inches DBH of deficit. This value was
determined using a base value of $27.00 per square inch of cross-sectional area.
EXAMPLE:
The fee for a deficit of 10 diameter inches would be 10" x $8412" = 5 x $84 = $420.
Monies paid to the tree bank in this manner will be used for tree planting projects
on public lands within the City, upland habitat purchases, wildlife relocation, street
tree inventory expenditures and for other urban forestry enhancement purposes.
Any trees determined by the director to have been left in a good and healthy
growing condition shall be counted toward meeting the minimum replacement
requirements above. Credit toward meeting the tree replacement requirements
may also be granted for trees planted in compliance with the landscape
requirements of this section.
Additional replacement credits toward the total tree replacement requirements
can be given by the director for efforts expended to preserve native understory
vegetation or otherwise enhance the survival of existing trees to remain.
Native vegetation such as ground cover, shrubs and small trees growing as
understory plants to large shade trees are often critical to the survival of a tree that
is to remain after development. Therefore, to promote the survival of protected
trees after construction, the director may reduce the total tree replacement
requirements by up to 10% if native understory vegetation is allowed to remain
within allotted green areas around the subject trees. The director may allow such
reduction only upon a determination that the understory vegetation consists of
valuable native plants that are desirable in an urban environment, and will
significantly enhance the trees' chance of survival. Native vegetation utilized to
meet tree replacement requirements will be noted on an approved site plan by
size, species and total area covered. In addition, the native plant material will be
maintained in a healthy growing condition perennially, and replaced by
commensurate plants approved by the director, should they decline.
Use of other measures to enhance the survival of existing trees to remain can
receive up to 25% credit toward required replacements. These measures include,
but are not limited to: cabling, bracing, fertilization, or use of tree root feeders.
Replacement trees must meet the following specifications.
. The replacement trees must have at least equal shade potential, screening
properties, and other characteristics comparable to those of the trees for which
e a removal request has been submitted.
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. Any number of trees may be utilized to meet the inch for inch replacement
requirement, provided that acceptable spacings and design are maintained. e
. The director may require that the species of the replacement trees be the same
as those for which removal is being requested, or may require such replacement
trees to be of a species native to the West Central Florida area. Exotic,
"naturalized" trees, or palms may be used to meet replacement requirements
only with the consent of the director. A list of species which meet these
requirements is available from the department.
. At the time of planting, all replacement trees must have a minimum overall
height of eight feet and a minimum trunk diameter of two inches measured six
inches above grade level. All such trees shall be of Florida Department of
Agriculture Nursery Grade Standard (quality) No. 1 or better.
. Any and all trees replaced or relocated in compliance with this section must be
in a healthy, living condition one year after the date of planting. Replacements
that have not become established, have declined to an unhealthy condition to
such a degree that survival is not probable, or have died, must be replaced with
a healthy specimen. Such replacements must continue until a tree is established
at the approved location, or if repeated failures or other factors indicate that
the specified location is unsuitable, at a location approved by the director.
The director may waive the characteristics, species, size or minimum standards
specifications if the applicant can demonstrate that the current market conditions e
are such that replacement trees meeting these specifications are not readily
available.
Proper tree care; prohibited tree pruninq.
When excavation activities affect protected trees so that the critical root zone (as
illustrated in Figure 1 below) is disturbed, or when pruning must be performed on a
tree's crown, adherence to the following arboricultural techniques is required:
:-:.:.:...;.;.....:-:-:-:.:.:-:.:-:-..:.:-:.:-:.:.:.:.:...:.:.:.:.:.:.;.:.:.....:.:.:.:.:-:.:.:.:.:.:.:.:.:.:.:.:.;.;.:.;.;.:-:-:.:.;.:.:.:-:.:.:-:.:-:-:.:.;.;.....:.:.......:.................................
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. When the critical root zone will be disturbed, affected roots must be severed by
clean pruning cuts at the point where excavation impacts the roots. Roots can
be pruned by utilizing trenching equipment designed for this purpose or by hand
digging a trench and pruning roots with a pruning saw, chain saw or other
equipment designed for tree pruning. Roots located within the critical root zone
that will be impacted by excavation, must be pruned to a depth of 18" below
the existing grade or to the depth of disturbance if less than 18" from the existing
grade. When underground utility lines are to be installed within the critical root
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zone, the root pruning requirements may be waived if the lines are installed via
tunneling as opposed to open trenching (see Figure 2 below).
. When pruning lateral branches of protected trees, the proper pruning
techniques as described herein, and illustrated in Figure 3 below, must be
followed. Flush cuts (pruning cuts that remove the branch collar) and stub cuts
(cuts that leave a stub on the tree) are improper pruning techniques. Any tree
that has been improperly pruned will not be recognized as a tree left on the
property in a healthy growing condition, and therefore cannot be utilized to
meet tree replacement requirements.
As all parts of a tree depend on the foliage to manufacture the food necessary to
sustain life and maintain vigor, excessive removal of foliage stresses a tree, and
invites pathogens to invade and cause damage to an otherwise healthy tree. It is,
therefore, unlawful to remove from a protected tree more than 30% of a tree's
foliage during a period of one year. When determining whether more than the
allowed 30 percent of a tree's crown has been pruned, the director will use the
following information to make a decision:
. The quantity and diameter of vertical stems pruned;
. Typical crown characteristics of the affected tree species;
. Aerial photographs or other recent photographs that would indicate the tree's
appearance prior to pruning;
. Testimonials from eye witnesses as to the tree's former appearance; and
. Remains of foliage debris on the site.
Based on the above information, the department will prepare a written report
citing all evidence used to support the department's claim of violation. Violations
are treated as illegal tree removals and processed accordingly.
It is also unlawful to perform the techniques of topping or other pruning techniques
that remove the vertical leader stems of protected trees except to the extent
permitted by this section. The practice of topping trees may cause the formation of
hazardous branches, may promote decay in the form of cracks and cavities in
major stems, and may also starve roots, allowing pathogens to invade and infect a
tree's root system, leading to decline and death of the tree. When trees must be
49
topped, such as in instances where there is interference with overhead wires or
nearby structures, a tree removal permit must first be obtained from the
department. The director will determine if the tree can tolerate the necessary
pruning, or if the tree should be removed.
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Protective tree barrier requirements and protection durinq construction activities.
A protective barrier must be placed around all protected trees prior to land
preparation or construction activities according to the following:
. At or greater than the full dripline of all species of mangroves, sabal palm trees,
pine trees and other conifer species, and all trees within a specimen tree stand;
. At or greater than two-thirds of the dripline of all other protected species.
Protective barriers are to be constructed as shown in Figure 4 below. Any variation
from the above requirements must be approved by the director.
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Whenever a protective barrier is required, it must remain in place until all
construction activity is terminated. The area within the barrier limits must remain
undisturbed by any activity during construction. Native ground cover and
understory vegetation existing within the barriers must also remain throughout
construction. Exotic plant species may be removed providing written consent is
obtained from the director. Plant species removed with consent of the director
may be removed only by manual labor utilizing hand tools or by other methods
approved by the director.
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Prior to the erection of any required protective barrier, all surface foreign material,
trash or debris must be removed from the area to be enclosed by the barrier, and
after erection of the barrier no such material or litter may be permitted to remain
within the protected area. No equipment, chemicals, soil deposits or construction
materials may be placed within such protective barriers.
Large areas on a development site, where land preparation and construction
activities will not occur, or where heavy machinery will not venture, will not require
protective barriers as described above. Such areas must be delineated at the point
of interface, using a woven fabric ribbon or other materials approved by the
director. Approved materials will be attached to 2" x 2" or larger upright posts.
Upright posts must be made of wood or other suitable material approved by the
director, be at least 4' in height and be spaced no more than 50 feet apart. The
director will make the final determination as to the location of the protective
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Barricade ropes or ribbons, signs, building permits, wires or other attachments of any
kind are not permitted to be attached to any protected tree. Guy wires designed
to protect trees are excluded from this prohibition.
At all times, due care must be taken to protect the critical root zone of trees
protected by this section, and root pruning requirements apply to such trees.
Professional standards.
It is unlawful for anyone who is employed, contracted or paid to perform tree work
to leave tree debris such as tree branches or trunk sections by the curb for pickup
by the City Solid Waste Department. This debris must be hauled off-site and
disposed of legally or used for mulch or firewood, or other domestic use.
Persons performing the services of tree pruning, tree removal, or other related
services in the field of arboriculture within the City are required to obtain the
appropriate occupational license from the City. Persons licensed by the City to
provide tree related services are expected to perform professional work in
accordance with the standards set forth herein, and must comply with the
requirements of this section. A violation of the requirements of this section by the
holder of an occupational license may be grounds for the suspension or revocation
of the license.
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PROPERTY MAINTENANCE STANDARDS
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The integrity of Clearwater's residential and business neighborhoods is
dependent, to a large degree, on how well individual properties in these
neighborhoods are maintained. A significant portion of the code enforcement
work of the City's Community Response Team involves addressing nuisance
code violations like abandoned vehicles, overgrown vegetation and minimum
housing code violations. The Central Permitting Department manages the City's
Unsafe Structures program, an aggressive code compliance effort that brings
an average of two buildings a week into compliance with our standards.
This section is intended to support and add to these comprehensive property
maintenance efforts, and to add to (but not replace) similar provisions of the
Standard Building Code and the Fire Protection Code. This section establishes
clear and practical requirements for maintenance of existing properties within
the City.
REQUIREMENTS:
Exterior buildino walls. Building walls facing public rights-of-way must be -
maintained in a secure and attractive manner. All defective structural and ..
decorative elements of these building walls must be repaired or replaced in a
workmanlike manner to match as closely as possible the original materials and
construction of the building. All exterior walls must have all loose material,
including peeling paint, removed. Patching or resurfacing must match the
existing or adjacent surfaces in materials, color, bond and joining. All cornices,
trim and window frames that are damaged, sagging or otherwise deteriorated
must be repaired or replaced to be made structurally sound. All exposed
materials must be painted, stained or otherwise treated in a consistent manner.
Side and rear building walls not facing a public right-of-way may be treated in a
manner distinct from the building wall fronting on a public right-of-way. Side and
rear building walls, however, are to be maintained in a safe and secure manner
and not allowed to deteriorate in a manner that endangers the structure or
detracts from the adjoining properties.
Door and window openinos. All windows and doors must be secured in a tight-
fitting and weatherproof manner and have sashes of proper size and design.
Sashes with rotten wood, broken joints or deteriorated mullions or muntins must
be repaired or replaced.
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Windows must be maintained in an unbroken, clean and harmonious condition
consistent with the use of the adjoining public right-of-way, adjoining properties,
and the remainder of the building wall. Except for temporary situations involving
activity pursuant to a building permit or code enforcement activity, no window
can be permanently removed and enclosed, covered or boarded up unless
treated as an integral part of the building facade using wall materials and
window detailing comparable with the applicable building wall.
Roofs. All roofs must be maintained in a safe, secure and watertight condition.
Any new mechanical equipment placed on a roof must be screened from view
from the public right-of-way at street level and in order to be as inconspicuous
as possible from adjoining properties. Any newly installed or replacement
equipment which will be visible from the public right-of-way must be screened
with suitable materials of a permanent nature so as to harmonize with the
remainder of the building.
Roofs must be maintained in a clean condition and kept free of trash and
debris. Tile roofs with peeling paint must be repainted or have the paint
removed.
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Auxiliary and appurtenant structures.
. Chimneys, elevator shafts, antennas, and mechanical and electrical
equipment and must be maintained in a satisfactory state of repair and their
exterior finish must be architecturally consistent with the exterior side of the
building wall from which they can be seen.
. Signs, awnings, canopies, and freestanding walls and fences must be
maintained in a satisfactory state of repair, not interfere with the public right-
of-way and be designed in a manner consistent with the appearance and
design of the building to which they are attached or associated.
Deteriorated signs, torn or unsecured awnings or canopies and dilapidated
walls or fences must be removed or replaced. Peeling paint on these items
must be removed or replaced.
Corrective action for violations of any of the above requirements will be as
. specified by the Building Official consistent with the enforcement of the
Standard Building Code, including requirements for timely corrective action.
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SPECIAL DOWNTOWN DEVELOPMENT STANDARDS e
Downtown Clearwater is the most concentrated commercial area in the City. It
contains a wide variety of land uses and architectural styles.
New development and redevelopment in Downtown Clearwater is a priority for
the City. We have made our Downtown a Community Redevelopment Area (or
CRA). Additionally, we have established the following bonuses and
performance standards for our Downtown to encourage new, high quality
development there.
BONUSES.
. In the UC (C-l) subdistrict, floor area ratio, height and density may be
increased according to the following schedule.
"""""""""""""""""""""""""F....'.,'.""""""""""""'>>.;t."'."""""""'"""""""'R'.>'."""""t'..'" """"""""
............................. . . ... . . .. ..... . .....
0.... ... ........ n'
::::89L,~8:,~'g~::(),,(
"Bef>mtonamensl'}
. .............. .............. ............................
FAR - Up to 6.0
Height - Up to 220 feet
Density - Up to 85 residential or
hotel/motel units per gross acre.
. The development is a mixed use project
incorporating pedestrian-interest uses on
the ground floor with residential,
hotel/motel and/or office uses on the
upper floors.
. The structure and site design is determined
to substantially contribute to the
architectural character of the area
through design review.
. EITHER:
. The amenity area provided for below
is increased to 30 percent of the lot
area; OR
. The development contains a
residential component of at least 30%
of the total development floor area,
with at least 20% of the total number
of residential units being affordable
housin .
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. In the UC (C-2) and UC (E) subdistricts, floor area ratio, height and density
may be increased according to the following schedule.
FAR - Up to 4.0
Height - Up to 180 feet
Density - Up to 85 residential or
hotel/motel units per gross acre.
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PERFORMANCE REQUIREMENTS.
. The development is a mixed use project
incorporating pedestrian-interest uses on
the ground floor with residential,
hotel/motel and/or office uses on the
upper floors.
. The structure and site design is determined
to substantially contribute to the
architectural character of the area
through design review.
. EITH ER:
. The amenity area provided for below
is increased to 30 percent of the lot
area; OR
. The development contains a
residential component of at least 30%
of the total development floor area,
with at least 20% of the total number
of residential units being affordable
housin .
Amenity areas. Larger scale Downtown developments must provide ground
level amenities that positively contribute to pedestrian-level atmosphere and
aesthetics as follows:
0-0.5
0.51 - 1.0
~ 1.0
....-..-.-.-........""....................."........,......-............................................................
....~......()...S.........................a........a.......................................................................................
.. ... ... .... ,.,. .. ..... ,... ... .. n... . ......
o. ... ." .... _. .... ,. ... .... .d... .. ......
... ... _. - __H"" ,... ,.,.. .... _." _ ...... ... ,... ...... .... . . ... ,....
0.. .... ... .,'" ... .., ..,.. .. d. _... ". . . . . . ... .. . .....
...... '0.... ........ .F....... .1IE.. . ..........[).... ..E.M. ..... [.. ..E..O....[.... ...... ....#;. .M. .EN..I.I.Y.. .........A.R. ..E..1*........
..... ... . . .... ..... . . ... .... ... ....
0.. ,.... ". . _. ..n . ...." . .. ... ... _ . .",. . ... . . .. ... . .... . .....
. ... . ... . .. . ... ... ........... ..,... .... ,., .. ....
.... .... . ...- ,-. -. . .. ... .,. ...... -.. ... .. ......... ... .. ... ....
. ...,-....-. - -- --- --,-,_...._....,...",."...............--........ ...................,..........,....,.-.......
0%
5%
10%
All amenity areas must be designed to be used by the public and be located
adjacent to street rights-of-way or directly accessible from street rights-of-way.
Such improvements may include interior or exterior pedestrian plazas, seating
areas, fountains, sculptures, and landscaped areas and gardens; floor area
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devoted to ground floor pedestrian interest uses in parking garages may be _
used to meet up to 50 percent of the required amenity area. All outdoor ·
amenity areas be illuminated at night. Properties with less than 500 square feet
of amenity area required by the above schedule are exempt from these
requirements.
Cleveland Street desian standards. All new development (constructed or
permitted after May 31, 1997) on properties with frontage on Cleveland Street
between Osceola Avenue and Fredrica Avenue must observe the following
architectural and site design requirements:
. All new structures must either be erected with no setback from the
Cleveland Street right-of-way or provide the required amenity area in any
setback from the Cleveland Street right-of-way.
. All new structures must have a primary pedestrian entrance directly from the
Cleveland Street right-of-way or from the required amenity area.
. All new structures exceeding 40 feet in height must be constructed to
provide a maximum 40-foot exterior cornice height along the facade(s) of
the structure facing Cleveland Street.
. All front setback areas shall be pedestrian-oriented in design and
landscaped.
. All new surface parking lots must be shielded from Cleveland Street by e
structures and/or extensive landscaping.
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SCENIC/NONCOMMERCIAL CORRIDORS
The City of Clearwater accepts and implements the Countywide Scenic/Non-
Commercial Corridor requirements as follows.
The following road corridors are wholly or partially within the City limits of
Clearwater and are governed by the requirements of this section as well and
the Countywide Scenic/Non-Commercial Corridor Plan.
Primary Corridors:
. Belcher Road from Klosterman Road to 38th Avenue North.
. McMullen-Booth Road/East Lake Road from Pasco County line to SR-60.
Unique Corridors:
. Edgewater Drive from Scotland Street (Dunedin) to Sunset Point Road.
. Bayshore Drive from Main Street (Safety Harbor) to SR-60.
. Courtney Campbell Causeway from McMullen-Booth Road/Bayside Bridge
to Hillsborough County Line.
. Memorial Causeway and its approaches.
These roadway segments in the City of Clearwater are shown on the attached
map. The provisions of the Countywide Scenic/Non-Commercial Corridor Plan
apply to these road segments within the City of Clearwater.
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INCENTIVES, TOOLS
AND TECHNIQUES
INTRODUCTION
DEFINITIONS
ZONING
PARKING
BUILDING CODES
CLEARING AND GRUBBING
TEMPORARY USES
NONCONFORMITIES
IMPACT FEES
UNITY OF TITLE
SPECIAL REQUIREMENTS
. SIDEWALK CAFES AND SIDEWALK VENDORS
. SMALL-SCALE OUTDOOR DISPLAYS
. DUMPSTER SCREENING
. SITE LIGHTING
. SPECIAL ENVIRONMENTAL REQUIREMENTS
. AIRPARK REQUIREMENTS
. SPECIAL SETBACKS
. FENCES AND WALLS
. HEIGHT BONUSES
. OUTP ARCELS
. SIDEWALKS
. SPECIAL PROHIBITIONS IN RESIDENTIAL AREAS AND RIGHTS-OF-WAY
. SITE ACCESS
. TELECOMMUNICATIONS TOWERS
. ADULT USES
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INCENTIVES, TOOLS AND
TECHNIQUES
INTRODUCTION
As mentioned in the Goals Chapter, the Incentives, Tools and Techniques
Chapter is the "nuts and bolts" of this development code. This Chapter
contains most of the standard requirements that would be expected in
any development or zoning code, including definitions, zoning
requirements, parking standards, building codes, and a wide range of
other requirements.
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This devE?lopment code differs from most other zoning codes in that it
highlights both the special development allowances unique to
Clearwater as well as any major differences in requirements between the
Clearwater code and those of other communities. Another distinction
between this code and most other codes is that it is written to educate
and provide solution-oriented guidance, as well as to regulate the use of
land.
To the extent possible, we have attempted to standardize the format for
each of the sections in this Chapter. First, you will find some introductory
remarks and rationale for the specific requirement covered in each
section. Next, we list Incentives that may apply. Finally, the specific
requirements are listed under the Tools and Techniques heading.
There are exceptions to this format, especially in extremely specific
circumstances such as the height bonus and airpark requirements sections
or where there are legal issues of great importance to the City (the adult
use section) or where to deviate substantially from the format used in
other communities (e.g., subsections of the building code section) would
create more confusion than it would alleviate.
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DEFINITIONS
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For clarification and consistency, the following words, terms and phrases
as used in this Land Development Code are defined below. Undefined
terms are covered by the accepted dictionary definitions.
Accessory - a building, structure or use which:
. Is subordinate to and serves a principal building or principal use;
. Is subordinate in area, extent, and purpose to the principal
building or principal use served;
. Contributes to the comfort, convenience or necessities of the
users or occupants of the principal building or principal use; and
. Is located on the same lot as the principal building or principal
use.
Accessory Dwellinq - a dwelling unit designed for single-family use
occupying the same lot as a nonresidential use.
Adult Dav Care -a use licensed by the State of Florida for the provision of
care for part of a day, with or without compensation, for three of more
persons who are 18 years of age or older and are not related to the
owner or operator by blood or marriage [FS Section 400.551 (1 )].
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Antenna - any exterior apparatus designed for telephonic, radio, or television
communications, through the sending or receiving of electromagnetic
waves.
Art Gallery/Studio - a room or building occupied by a business, excluding
any business licensed as a home occupation, and devoted primarily to
the exhibition of works of art, the sale of works of art on exhibition, or the
work place of a painter, sculptor, photographer, or other artist producing
physical works of art. Art instructions may be conducted in an art
gallery/studio as an accessory use but not as the principal use of the
facility.
Assisted Livinq Facilitv - a facility as defined in Florida Statutes Section
400.402 which provides housing, food service, and one or more personal
service for four or more adults, not related to the owner or administrator
by blood or marriage, or provides extended congregate care, limited
nursing services, or limited mental health services.
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Bed and Breakfast Inn - home occupation consisting of a form of guest
lodging in which bedrooms are rented and breakfast is served. Bed and
breakfast accommodations shall only be permitted in buildings principally
used as a private residences. The term is intended to describe the offering
of temporary lodging in a private home having architectural and historic
interest.
Block - a unit of land bounded by streets or by a combination of streets
and public land, railroad rights-of-way, waterways, or any other barrier to
the continuity of development.
Blockface - the continuous frontage along anyone side of a block.
Blood Plasma Center - a building or premises used for the extraction of
blood plasma from human beings for the purpose of sale or transfer.
Buildinq - any structure having a roof supported by columns or walls and
intended for the shelter, housing, or enclosure of any individual, animal,
process, equipment, goods, or materials of any kind.
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Buildinq permit - a permit issued prior to the initiation of construction,
certifying that the plans for the building, structure or site improvement for
which the building permit is requested meets all applicable regulations,
ordinances and statutes.
Business/Professional Office - a business conducted within an office
building, not involving the sale of merchandise. Such business does not
involve the onsite storage of any commercial vehicles in the conduct of
the business, and there must not be any exterior equipment or facilities,
which are not ordinarily appurtenant to an office use. This category of
use includes doctor's office, attorney's office, architect's office,
accountant's office bank, title company, real estate office, travel
agency, employment agency not involving transportation to jobsite,
insurance office, stockbroker's office, bondsman's office and like office
uses.
Business Service - an occupation or service requiring the utilization of a
manual, mechanical or specialized skill which involves neither the on-
premises storage or use of heavy machinery or equipment nor primarily
the sale of merchandise or conveyance of a product. Any producing,
processing or assembling must clearly be secondary and incidental to the
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3
rely upon the utilization of one or more commercial vehicles in the
conduct of the business or which have exterior equipment or facilities
which are not ordinarily appurtenant to office usage. This category of use
includes: plumbing contractor, electrical contractor, lawn maintenance,
lawn mower repair, appliance repair, recording and broadcasting studios,
and like uses. This category of use does not include vehicle service, which
is separately defined.
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Certificate of Occupancy/Use - a certificate by the building official that a
building, structure or use conforms to all applicable city ordinances and
requirements and may be used or occupied as proposed and approved.
Chanqe of use - a change of use of a building, structure or property to
another use.
Child Day Care - a use providing for the day care, with or without
compensation, of five or more infants, preschool-ages children and/or
school-aged children who are unrelated by blood or marriage to the
operator [FS Section 402.302(4)].
Coastal Construction Control Line (CCCLl - a boundary established by the
State of Florida to regulate how close structures can be constructed to e
certain coastal waters.
Commercial Parkinq - a use of land as a parking lot for which a fee is
charged for parking.
Commercial Vehicle - any vehicle designed for a commercial or
industrial function, or any vehicle marked with commercial advertising.
Community Residential Home - a facility as defined in Florida Statutes
Section 419.001 (1 )(a) which provides a living environment for up to 14
unrelated residents who operate as the functional equivalent of a family.
Community Services - uses or organizations engaged in not-for-profit
fraternal, civic or social services, and which may include accessory
recreational and meeting facilities.
Conditional Use - a use which is not permitted by right in a zoning district
due to potentially adverse or objectionable features which are
occasionally attributable to such use. Based upon demonstrated
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compliance with the established standards of approval, conditional uses
are allowed to be established by the Development Review Board.
Convention Center - a facility designed to accommodate 500 or more
persons and used for conventions, conferences, seminars, product
displays, recreation activities and entertainment functions, along with
accessory functions including temporary outdoor displays, and food and
beverage (including alcoholic beverages) preparation and service for
on-premise consumption. The term "convention center" includes
conference centers. Meeting facilities accessory to hotel/motel or
institutional uses are not included in this definition.
Cornice, Exterior - the uppermost horizontal molded projection or other
uppermost horizontal element located at the top of a building or portion
of a building.
Cornice Heiqht - the vertical distance from ground level (top of finished
sidewalk) to the top of the exterior cornice.
Densitv - units per acre.
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Development - manmade improvement to property, including but not
limited to buildings, structures and other site improvements.
Dock - an accessory structure, including a pier, wharf, loading platform,
tie poles, dolphins, accessory structures, or boat lift which is constructed
on pilings over open water, or which is supported by flotation. A dock
provides slip space for the mooring of no more than two boats for the
exclusive use of the residents on adjacent residential property and is not
to be used for commercial purposes, sale or lease.
Dwellinq Unit - a building or portion of a building providing independent
living facilities for one family including provision for living, sleeping, and
complete kitchen facilities. As used in this development code, a
complete kitchen is one which contains a cooking unit such as a range,
stove, oven, microwave oven or similar device, a refrigeration unit, and a
sink, either together as a unit or as separate component parts.
Dwellinq, Multiple-Familv - a building(s) designed or occupied by two or
more families.
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Dwellina, Sinale-Family - a dwelling unit designed for or occupied _
exclusively by one family. ·
Family - one or more persons occupying a dwelling unit and living as a
single housekeeping unit.
Floor Area Ratio (FAR) - the gross floor area of a building on any lot
divided by the lot area.
IllUSTRATIONS OF FAR
Front Yard - running parallel with lot width, the area of a lot or parcel
located between the right-of-way line for the street and the required
setback line from that right-of-way.
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Garaae, Yard or Estate Sale - a sale operated at a residence primarily for
the sale of used household goods.
Grade, Existinq - the natural earth surface, or the earth surface altered for
drainage or other engineering purposes determined necessary by the
City Engineer.
Gross Floor Area - the total interior floor area of a building measured at
the inside face of the exterior walls, but excluding parking garages,
carports, stairwells and elevator shafts.
Gross Leasable Floor Area - the total floor area designed for tenant
occupancy.
Halfway House - a residential use providing transitional housing for persons
leaving substance abuse treatment, criminal incarceration and similar
environments.
Heiaht - for buildings, the verticQI distance from the mean elevation of the
existing grade to the highest finished roof surface in the case of a building e
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with a flat roof, or the vertical distance from the existing grade to a point
representing the midpoint of the peak and eave heights of the main roof
structure of the roof of a building having a pitched roof. For other
structures, the vertical distance from existing grade to the highest point of
the structure above such existing grade. Where minimum floor elevations
in flood prone areas have been established by law, the building height
may be measured as though the required minimum floor elevations
constitute existing grade.
IllUSTRATIONS OF HEIGHT
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Home occupation - an occupation, craft or profession conducted entirely
within a dwelling unit or conducted from a motor vehicle based at a
dwelling unit such that the use is incidental to the residential use of the
dwelling unit and does not change the residential character of the
dwelling unit.
Hotel/Motel - a building or portion thereof designed primarily to provide
sleeping accommodations for transient guests and licensed by the State
Department of Business and Professional Regulations, Division of Hotels
and Restaurants, for a daily, weekly or monthly rental charge and
including such ancillary office, meeting, eating and drinking facilities as
are integral to its primary function.
Indoor Commercial Recreation/Entertainment - a business which is open
to the public where customers pay the proprietor for the use or enjoyment
of recreational facilities or equipment within an enclosed building. This
category of use includes: bowling alleys, theaters, racquetball facilities,
martial arts instruction, gym facilities, video/electronic game, dance
studios, billiards facilities, health studios and like uses.
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Indoor Retail Sales - a business principally involved in the sale or leasing of
commodities or goods to the individual retail consumer usually in small
7
quantities in which all sales, displays and storage are conducted from
within an enclosed building.
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Indoor Storaqe and/or Warehousinq - a principal use of property involving
the stocking or storing of commodities, goods, materials, equipment,
foodstuffs or products entirely within an enclosed building.
Intensity - the measure of permitted development expressed as floor area
ratio or density, or both.
Lot (Site, Premises, Parcel, Tract, Property) - land which has been or which
is proposed to be used, developed, or built upon as a unit under single
ownership.
. Lot Area - the total land area within the boundaries of a lot
exclusive of any area designated for street purposes.
. Lot Depth - the mean distance between the front and rear lot
lines, generally longer than the lot width.
. Lot Width - the distance between side lot lines measured along
the front setback line, generally having a lesser length than lot
depth.
. Lot, Corner - a lot located at the intersection of two or more e
street rights-of-way.
. Lot, Double Frontaqe - a lot bounded on opposite or
approximately opposite sides by streets.
. Lot, Interior - a lot bounded on both sides by other lots.
IllUSTRATION OF lOTS
Manufacturinq - the mechanical or chemical transformation of materials
or substances into new products, including the assembly or component
parts, and the production or refining of goods, materials, or substances
into new products, including the assembly or component parts, and the
production or refining of goods, materials, or foodstuffs, except those uses
covered below under the definition of "research and technology
production uses."
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Marina - any structure constructed on piling over open water or
supported by flotation on the water which provides three or more boat
slips for any purpose, which provides any number of boat slips for the
purpose of sale or lease, or upon which occurs any commercial activity.
Mixed Use - a combination of residential and non-residential uses on a
single property.
Mobile Home - a structure, transportable in one or more sections, which is
eight feet or more in width, built on an integral chassis, constructed in
accordance with the mobile home standards set by the United States
Department of Housing and Urban Development, and designed to be
used as a dwelling when connected to the required utilities.
Mobile home park - a parcel of land devoted to mobile home
development, including individual mobile home lots and common
facilities for maintenance, service and recreation.
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Niahtclubs, Taverns, and Bars - any facility licensed by the State of Florida
for on premise consumption of alcoholic beverages not otherwise
defined as a restaurant.
Noncommercial Parkinq - a use of land as a parking lot appurtenant to a
nonresidential use for which there is no fee charged for parking.
Nonconformity - any lot, structure, use or other feature of the property
regulated under the provisions of this development code which does not
comply with the requirements therefor.
Nonprofit social or community services - Uses or organizations engaged in
not-for-profit fraternal, civic or social services, and which may include
accessory recreational and meeting facilities.
Nursina Home -a health facility where persons are housed and furnished
with meals and continuing nursing care for compensation. For the
purpose of computing density of a nursing home, every three persons
residing within the facility at maximum capacity equal one dwelling unit.
Offstreet parkinq - an enclosed or unenclosed parking area located on
private property and not within a street right-of-way.
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Open Space - an area of a lot receiving permeable vegetative
landscape treatment. For the purpose of computing the minimum open
9
space of any lot or front yard, retention and detention areas may be _
counted as open space and grassed surface parking spaces which are .
required by this development code are not counted as open space. The
minimum open space requirements of this development code meet the
intent of the impervious surface ratio (ISR) requirements of the
Comprehensive Plan, as they are the reciprocal of maximum ISR.
Outdoor Commercial Recreation/Entertainment - a business which is open
to the public where customers pay the proprietor for the use or enjoyment
of recreational facilities or equipment in a location other than within an
enclosed building. Bicycle and skate rentals, by themselves, are not
included in this use category.
Outdoor Retail Sales, Displavs and/or Storaqe - any use of property which
involves the sale, leasing, display or storage of commodities, goods,
materials or equipment in a location other than in an enclosed building.
This term excludes vehicle sales, which is separately defined.
Pedestrian-Interest Uses - uses such as indoor retail sales, restaurants,
nightclubs, taverns and bars, offices, government offices, convention
centers, entertainment uses and complexes, residential uses, and
hotels/motels. e
Performance Use - a use which is specifically authorized upon >meeting
certain performance standards in a particular zoning district.
Permitted Use - a use which is specifically authorized by right in a
particular zoning district.
Personal Service - a business primarily engaged in providing services
involving the care of a person or his or her personal goods or apparel.
Such business does not primarily involve the sale of merchandise or
conveyance of a product. This category of use includes the following
services: barbershop, beauty salon, clothing dry cleaner, laundromat,
shoe repair, print shop, pet groomer, tailor, weight control or fitness
therapy offices/clinics not having a state medical license, and like
personal service uses.
Principal structure or use - the main or primary structure or use of land.
Property - land which has been or which is proposed to be used,
developed, or built upon as a unit under single ownership. e
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Property lines - the lines which bound a property.
. Property Line, Rear, - a property line which is on the opposite side
of the lot from the front yard.
. Property Line, Side, - a property line which runs generally
perpendicular or radial to the lot width.
Public Safety Facility - a land involving a building occupied by a public
safety agency including, police stations and substation, fire stations, and
emergency medical services, and ancillary community outreach
activities.
Recreational Vehicle - a vehicle designed as temporary living quarters for
recreational, camping, or travel use, which either has its own motive
power or is mounted on or drawn by another vehicle.
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Research and Technolooy Production Uses - uses such as medical, optical
and scientific research facilities, clinics and laboratories, pharmaceutical
compounding and photographic processing facilities and facilities for the
assembly of electronic components, optical equipment, and precision
instruments.
Residential Shelter - a building or buildings or portions thereof, the use of
which is for a nonprofit service providing a place of temporary residence
to homeless persons or families. For the purpose of computing density,
every three persons residing within the facility at maximum capacity equal
one dwelling unit.
Restaurant - a business establishment providing for the preparation or sale
of food or drink for consumption by customers on or off the premises, but
excluding facilities for non-commercial and incidental food service within
grocery stores and delicatessens. An establishment serving alcoholic
beverages is considered to be a restaurant if 51 percent or more of the
gross sales receipts are for the sale of food and nonalcoholic beverages,
if there are no package sales of alcoholic beverages, and if not more
than 25 percent of the gross floor area of the establishment is devoted to
waiting areas, lounges, entertainment areas, or other areas where
alcoholic beverages are served but where any other menu items are not
typically served.
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Retail Complex - two or more retail uses containing a minimum
cumulative floor area of 5,000 square feet located on the same property. e
Setback - the horizontal distance between a property line and a structure.
Shoppinq Center - a group of two or more commercial establishments
with an overall floor area of at least 25,000 square feet, managed as a
unit.
Sidewalk Cafe - an outdoor restaurant area where food and drink items
are served for on-premise consumption and located in a street right-of-
way setback area or other pedestrian area.
Sidewalk Vendor - any person engaged in the selling, or offering for sale,
of food, beverages, merchandise or services for immediate delivery from
a vendor stand or from his or her person.
Sidewalk Vendor Stand - any portable table, showcase, bench, rack,
pushcart, or similar device used for the displaying, storing, or transporting
of articles offered for sale by a sidewalk vendor.
Street, Collector - a street that collects traffic from local streets and e
connects with minor and major arterials.
Street, Local - a street designed to provide vehicular access to abutting
property and to discourage through traffic.
Street, Principal Arterial - a street that serves the major centers of activity,
and having the highest traffic volumes among classified streets. Principal
arterials include: interstate highways, freeways and expressways, and
other major such roads.
Street, Minor Arterial - a street that interconnects with and augments the
principal collector street system, and having the second highest traffic
volumes among classified streets. Minor arterials collect and distribute
traffic to and from local and collector streets.
Structure - any object anchored to the ground constructed or installed by
man, including buildings, garages, carports, flagpoles, stoops and utility
buildings (Note: All buildings are structures, but, not all structures are
buildings).
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12
e
Subdivision - any division or redivision of land into two or more lots, tracts,
sites or parcels for the purpose of transfer of ownership or building
development. The term "subdivision" shall also include any change of a
property line of a lot, tract, site or parcel.
Subdivision Plat - a document (plat) displaying the manner in which land is
to be subdivided prepared for recordation purposes which is drawn
consistent with the terms of this development code and which, if
approved according to the procedures contained in this development
code, may be filed at the office of the clerk of the county court.
Telecommunications tower - any structure that is designed and constructed
primarily for the purpose of supporting one or more antennas, including self
supporting lattice towers, guy towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common carrier
towers, cellular telephone towers, alternative tower structures and the like.
Transportation Station - a public transportation building used for ticket
sales and shelter of persons waiting for transportation.
e
Use - a purpose of activity for which land or a building thereon is
designed, arranged or intended, or for which it is maintained.
User (referrinq to a user of a telecommunications tower) - any inde.pendent
entity which is marketing a service to retail customers in the City or providing
a government service. For the purposes of determining the number of users
locating on a single tower, no two users can have any common ownership
ties.
Utilitv Facilitv - the use of land, improvements or facilities thereon by a
public or private utility, including but not limited to potable water facilities
and pump stations, remote switching stations, wastewater treatment
plans and lift stations, electric substations, and power generation facilities.
This definition does not include transmission and distribution lines, water or
sewer mains, backflow preventers, transformers, traffic signal control
cabinets, and similar equipment not generally considered to be structures.
Variance - a grant of relief from the requirements of this development
based upon demonstrated compliance with the established standards of
approval.
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13
Vehicle Sales/Displays - a business or commercial activity involving the _
display or sale of automobiles, trucks, boat and marine vessels, ,.,
recreational vehicles, heavy equipment, mobile homes, and other
vehicular or transport mechanisms.
Vehicle Service - an activity primarily involved in servicing or repairing of
automobiles, motorcycles, trucks, boats, recreational vehicles and other
similarly sized vehicular or transport mechanisms or heavy machinery.
Vehicle services include washing, waxing, changing oil, tuning, installing
mufflers or detailing, window tinting, shock absorbers, undercoating and
painting.
Wetlands - lands which are periodically covered or saturated with water
during normal rainfall years as indicated by soils, topography, and
vegetation. Artificial drainage ditches created solely for the purpose of
channeling stormwater runoff are not considered wetlands.
Wholesalina/Distributina - the selling and/or distributing of goods in large
quantities to other than an individual retail consumer.
e
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14
e
ZONING
Perhaps the most important single component of any traditional
development code is the zoning section. This section lists the various
zoning districts and their associated Land Use Plan categories, the
technical standards (like setbacks, density and height) that apply to each
district. and the types of land uses allowed in each district.
INCENTIVES
Clearwater's zoning requirements contain a number of unique features
that we consider to be development incentives:
. Performance uses - These types of uses are allowed administratively if
certain performance standards are met; these standards are intended
to reduce possible negative neighborhood or community impacts
while allowing the use to occur without a public hearing.
e
. Use categories - These are groupings of land uses by general type
(such as multifamily, office, and light commercial). These groupings
allow us to concisely list permitted, performance and conditional uses
and the zoning districts in which these uses are allowed.
. Technical standards are expressed in tables for ease of use.
. Several zoning districts have setback and height requirements
determined through the design review process, allowing variations to
strict standards on a site-specific basis.
. Side and rear setbacks for swimming pools are greater than for other
accessory structures since pools are often constructed first and a pool
enclosure added later. The added setback will usually eliminate the
need for a variance for enclosure installation.
TOOLS AND TECHNIQUES
This subsection is divided into three main parts:
. Zoning Districts - Provides a general description of each zoning district
and correlates the zoning districts with the associated Land Use Plan
classifications in the City Comprehensive Plan.
e
15
· Use Categories - Lists the general use categories and the zoning
districts in which they are allowed.
. Technical Standards - Consists of matrices that provide the technical
standards (e.g., setbacks, density, height, etc.) for each zoning district.
e
ZONING DISTRICTS - GENERAL DESCRIPTION AND
CORRELATION WITH LAND USE PLAN
The following table lists all City of Clearwater zoning districts and provides
a generalized description of each district. The table also provides a direct
correlation between each zoning district and the associated Land Use
Plan (LUP) classification or classifications.
EIII:_.II,_lIi~.ri_'I_11
~tgplqrg$.:ig~t.Oi~@t~mg$~.rigqlr~lifflf$~.::.: ::<...... ..
Clearwater has a relatively large number of zoning districts for a city of its
size. We have this range of zoning districts for the following reasons:
. The City is largely built-out. Because of our built-out status, we will rely
on redevelopment and annexation for future growth. Redevelopment e
in built-out situations requires a wide range of development tools and
techniques in order to provide transitions between land uses to reduce
the potential for conflicts between these uses. While we generally
attempt to handle such conflict situations (such as a redeveloping
commercial site adjacent to residential uses) through site-specific
design parameters like building setbacks, hours of operation, and
buffers, it is often helpful to have the use and intensity limits of a variety
of zoning districts available to provide an alternative transition
technique.
. Because we aggressively promote voluntary annexation within our
"planning area" (see ANNEXATION in Chapter _), we find it easier to
match zoning districts with the numerous County Land Use Plan
classifications if we have a wide variety to choose from. Expedited
annexations are possible if no Land Use Plan classification amendment
is required.
. Zoning districts also provide a crude, but occasionally useful, tool for
identifying infrastructure capacity requirements and needs, allowing us
to effectively and expeditiously serve developed and redeveloping
properties. A wider range of districts allows a somewhat more
sophisticated estimate to be prepared. e
16
e
ZONING DISTRICTS - GENERAL
DESCRIPTION AND CORRELATION WITH LAND USE PLAN
e
ZONING
DISTRICTS
. .... .... ... --... .. ..
..-....................................................-.....
gES10ENfIA....L....... u.....<.<...............<....
. ......,-- ......-... "..
RS-1
(Residential Single
Fami! 1
RS-2
(Residential Single
Fami! 2
RS-4
(Residential Single
Famil 4
RS-6
(Residential Single
Famil 6
RS-8
(Residential Single
Famil 8
RM-8
(Residential Multi-
famil 8
RM-10
(Residential Multi-
famil 10
RM-12
(Residential Multi-
fami! 12
RM-16
(Residential Multi-
famil 16
RM-20
(Residential Multi-
famil 20
RM-24
(Residential Multi-
famil 24
RM-28
(Residential Multi-
fami! 28
RMH
(Residential Mobile
Homes
e
CORRELATION WITH LAND USE PLAN -
PLAN CATEGORIES WHERE ALLOWED
Residential Estate
(RE)
Single Family
Residential
and
Related Uses
Residential Suburban
(RS)
Residential Low
(RL)
Residential Urban
(RU)
Residential Urban
(RU)
Residential Low Medium
(RLM)
Multifamily
Residential
and
Related Uses
Residential Medium
(RM)
Residential High
(RH)
Mobile Home
Parks and
Related Uses
17
OL
Limited Office
OG
General Office
.............................................................
.............................................................
CHWJli.1MEmCIAUU...i...............
B
CN
(Neighborhood
Commercial
CI
Infill Commercial
CNG
(No. Greenwood
Commercial
CB
(Beach
Commercial
CR-24
(Resort Commercial
24
CR-28
(Resort Commercial
28
CH
(Highway
Commercial
CC
(Commercial
Center
MlXEOUSit>
...................................
UC
Urban Center
D/MU
(Downtown Mixed
Use)
CORRELATION WITH LAND USE PLAN -
PLAN CATEGORIES WHERE ALLOWED
e
Various Office
and
Related Uses
Residential/Office Limited
(R/OL)
Residential/Office General
R/OG
Residentia I/Office/Reta il
(R/O/R)
Commercial Neighborhood
(CN)
VARIOUS
COMMERCIAL
AND
RELATED USES
Commercial Limited
(CL)
Commercial General
(CG)
e
MIXTURE OF
RESIDENTIAL
OFFICE,
COMMERCIAL
INSTITUTIONAL
AND
MANUFACTURING
USES
Central Business District
(CBD)
Industrial Limited
(IL)
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18
e
CORRELATION WITH LAND USE PLAN -
PLAN CATEGORIES WHERE ALLOWED
P/SP
Public/Semi-Public
OS/R
(Open Space/
Recreation
P
Preservation
........ ,. . ,. .,. ... . .
....MANUFA@TORING....................
...... ,.. .... .............. ............ - o.
IL
(Limited Industrial)
VARIOUS PUBLIC
USES INCLUDING
GOVERNMENT
FACILITIES, PARKS,
AND NATURAL
AREAS
Institutional
I
Recreation/Open Space
(R/OS)
VARIOUS
MANUFACTURING
AND RELATED
USES
Industrial Limited
(IL)
industrial General
IG
.......-.......---...............................
:::*g~m~;g::::l;UR,.:::::::::fI::::
.:Q.zEi?MAYS ..: ...,=:=:=:=::,=:=:,.;:.:
ALL AS DESIGNATED
ALL AS DESIGNATED
TRANSPORTATION/UTILITY OVERLA Y
T /U OVERLAY
WATER/DRAINAGE FEATURE OVERLAY
WID OVERLAY
ACTIVITY CENTER OVERLAY
AC/P AND AC/S
ALL AS DESIGNATED
e
Use Categories
This subsection identifies which land uses are allowed within each zoning
district and what level of approval is required in order for a use to be
established. To do this concisely, we use a technique called "use
categories. "
Use categories are groupings of land uses by general type (such as
multifamily, office, and light commercial). These groupings allow us to
concisely list permitted, performance and conditional uses and the zoning
districts in which these uses are allowed.
e
Our code recognizes three types of allowable uses: Permitted;
Performance; and Conditional. Permitted uses are allowed by right,
without any special staff or board review. Performance uses are allowed
if certain performance standards are met; these standards are intended
to reduce possible negative neighborhood or community impacts while
allowing the use to occur without a public hearing. If performance uses
19
cannot meet the established standards, they can be considered as
conditional uses. Conditional uses are uses that are only allowed after a
public hearing by the Development Review Board; the public hearing is
intended to identify and reduce possible negative neighborhood or
community impacts while allowing the use to occur. In some cases,
additional soecial approval standards that complement but do not
replace the regular conditional use approval standards are established
for particular uses or use categories.
e
Within each use category, there are usually one or two uses that require
some individualized review. These related miscellaneous uses are
identified under the applicable use category, so that they can be easily
located and separately considered in the miscellaneous use category.
e
e
20
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PARKING
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Parking is a major factor in how a site functions. Good parking design promotes
safe and convenient site access, provides a sufficient amount of parking spaces
to meet site activity needs, and focuses vehicular access and activity to meet
the access requirements of on-site structures.
City parking requirements are intended to promote good parking design. Our
requirements provide some innovative incentives to encourage creativity in
design while meeting the technical mechanics of how parking lots function.
INCENTIVES
. "Grass" parking is permitted for some types and scale of
development.
. Parking lot design guidance is provided in this section under Tools and
Techniques.
. There is a 50% reduction in the number of required parking spaces for
certain pedestrian-oriented uses on Clearwater Beach and in
Downtown Clearwater.
. Some parking space reductions are possible in multistory buildings. e
. In areas where district parking is provided, a reduction in the amount
of required off-street parking may be allowed by the Development
Code Administrator.
. The number of required parking spaces can be reduced by 50% for
some uses (see following table) in the UC, CB, CR 24 (Clearwater
Beach only) and CR-28 (Clearwater Beach only) zoning districts.
. No additional parking is required for changes of use for buildings
existing or permitted before January 1, 1997 in the CB, UC, CR-24 and
CR-28 (Clearwater Beach only), and CNG zoning districts.
. If creatively landscaped, internal walkways for parking lots may be
counted toward interior landscaping requirements.
. Parking garages have floor area ratio bonuses and other incentives
(see section ).
TOOLS AND TECHNIQUES
Offstreet parking and loading is required for new construction and for most
changes in use of existing buildings. All offstreet parking must meet specific
design standards in order to meet site needs and to function properly. These
standards are provided below. e
40
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Number of offstreet parkino and loadino spaces. The following tables list the
required minimum number of offstreet parking and loading spaces for various
uses. For uses not listed below, required parking and loading spaces are
determined by the Development Code Administrator based upon anticipated
parking and loading generation for the proposed use. NOTE:
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. The number of required parking spaces may be reduced by 50% for some
uses (see following table) in the UC and CB districts and in the CR-24 and CR-
28 districts on Clearwater Beach.
. Uses located in district parking areas, as defined by the City Commission, are
exempt from meeting the required numbers of parking and loading spaces
to the extent defined by the Commission in establishing the district parking
areas.
. No additional parking is required for changes of use for buildings existing
or permitted before January 1, 1997 in the CB, UC, CR-24 and CR-28
(Clearwater Beach only), and CNG zoning districts. For changes of use in
other districts or when uses are expanded in all districts, the required
parking must be provided to serve the use change or expansion.
. The requirements provided below may be modified at the discretion of
the Development Code Administrator upon receipt of parking
generation studies or other technical information that clearly warrants
modification.
STANDARD OFFSTREET PARKING SPACES
RESIDENTIAL
~gl:
1I1111I
aONUSi
..... ........ "."."......... .
No.
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Residential uses, except 2 spaces per dwelling unit
those listed below:
. One bedroom . 1.5 spaces per dwelling unit
multifamily dwellings
· Low income/elderly . 1 space per dwelling unit
single family
dwellings
· Low income/elderly . 0.75 spaces per dwelling unit
multifamily dwellings
LODGING
No.
41
Bed and breakfast inns 1 space per bedroom devoted to the bed and
breakfast use.
Hotels and motels 1 space per unit
Accessory retail, If less than a cumulative total of 10% of gross
restaurant tavern or hotel or motel floor area, required parking for
personal service uses these uses may be reduced by 50%; otherwise
located in hotels and parking is based on the requirements listed
motels below for each type of use.
GROUP CARE No.
Nursing homes and 1 space per each 3 occupants at maximum
group care facilities capacity, including resident employees and
supervisors.
Congregate care
facilities 1 space per each 2 dwelling units plus 1 space
per each two employees or supervisors.
Residential shelters 1 space per each 7 residents based upon
maximum occupancy (minimum of 1 space per
shelter).
Adult and child day care 1 space per employee or staff member plus one
space for each 6 cared for individuals (or
fraction thereof).
GENERAL RETAIL AND Yes.
OFFICE
Retail and office uses in
buildings or
developments containing
less than 25,000 SF
. first floor . 5 spaces per 1,000 SF of gross floor area
. second floor . 4.5 spaces per 1,000 SF of gross floor area
. third and other floors . 4 spaces per 1,000 SF of gross floor area
NOTE: In no case will the above parking
standards require more parking than for a
25,000 SF building or development (see
standards immediately below).
Retail and office uses in
buildings or
developments containing
25,000 SF or more
. first floor . 4.5 spaces per 1,000 SF of gross floor area
. second and other . 4 spaces per 1,000 SF of gross floor area
floors
42
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SPECIALIZED RETAIL
AND OFFICE USES
Medical offices
. first floor . 6 spaces per 1,000 SF of gross floor area No.
. second and other . 5 spaces per 1,000 SF of gross floor area
floors
Marinas Yes.
. Regular slips or dry . 1 space per each 3 slips or each 4 dry
storage storage spaces.
. Liveaboard slips . 1 space per each slip.
. Commercial . 1 space per each 2 passengers
passenger slips
Vehicle sales 5 spaces for first 5,000 SF (or fraction) of display No.
or storage area plus 1 space for each additional
2,000 SF (or fraction) of display or storage area.
{NOTE: For accessory vehicle service uses, see
requirements below.}
EATING AND DRINKING Yes.
ESTABLISHMENTS
Standard restaurants 10 spaces per 1,000 SF of gross floor area plus
outdoor seating area.
Fast food restaurants 13 spaces per 1,000 SF of gross floor area plus
outdoor seating area.
Nightclubs, taverns and 15 spaces per 1,000 SF of gross floor area plus
bars outdoor seatina area.
SERVICE USES
Barbershop 2 spaces per barber chair. Yes.
Beauty salon 3 spaces per beautician chair. Yes.
Other personal service 5 spaces per 1,000 SF of gross floor area. Yes.
uses
No.
Business service 1 space per each 100 SF of customer service
establishments area, plus 2 spaces for each three employees,
plus parking for all vehicles used in the conduct
of the business.
Vehicle service 4 spaces per each service bay, plus parking for No.
all vehicles used in the conduct of the business,
plus 2 spaces for each three employees (service
bays may be counted as parking spaces).
PLACES OF ASSEMBL Y
43
Bowling alleys 5 spaces per lane. Yes.
Churches 1 space per 3 seats or for each 30 SF of No.
assembly area, whichever is greater.
General places of 2 spaces per each 5 seats or persons served. Yes.
assembly
Hospitals 2 spaces per each 3 employees based on No.
maximum shift employment, plus 0.6 space for
each hospital bed.
Libraries, museums and 5 spaces per 1,000 SF of gross floor area plus Yes.
similar uses parking for all vehicles used in the operation of
the facility.
Private clubs, lodges or 1 space per each 30 SF of assembly area. No.
fraternal organizations
Public or private schools Whichever is the greater of: No.
. 1 space per each 3 seats of the largest
assembly area on the site; or
. 1 space per employee plus 2 spaces per
each elementary or middle school classroom
or 4 spaces per each high school classroom.
Theaters, amusement 2 spaces per each 5 seats or persons served. Yes.
and recreation centers
Universities, colleges Whichever is the greater of: No.
and institutions of higher . 1 space per each 3 seats of the largest
learning assembly area on the site; or
. 1 space per employee plus 7 spaces per
each classroom or teaching station.
INDUSTRIAL USES No.
Warehousing uses 1 space per each 1,500 SF (or fraction) of gross
floor area.
Fabricating, processing, 2 spaces per each 3 employees based on
or manufacturina maximum shift emplovment.
USES NOT SPECIFIED As determined by the Development Code As determined
Administrator. by
Development
Code
Administrator.
44
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HANDICAPPED OFFSTREET PARKING SPACES
.............................................G............Q.............................................
.,....... ......-. ... . - ..- .. . ... .. . . ..... ,...--..
..........'............. ." . --'." . - . .. ..... . ." - . . ............."............
.",.,.'".. ........ . . . - ,_ .. . . . .. . - ... .. .. _. - ... . ..,,'d'
................... ... - . . ..... - . ..... ........ ....."..",......
....................................."[. ..0.. T.. ...AL........P..A.RKI... N .. ....R.E.. ... .U. ..I.R.E. .[). ........................... ..
.. .... '" ....... . . .. .' ...... ."
........'......... '.."' .. ".. . ". .. ".' .. ...............
. ........ . ....-. ........ ...-". .... .
.......-.....,,'..--.""."..-...-..-.--......-.-..........-_. .......---................
. - .........-. ....."............-- ,....... .
1-10
11-25
26-50
51-75
76-100
101-150
151-200
201-300
301-400
401-500
501-1,000
Over 1 ,000
..>NUM$IRpFHANPIPARPEP...SPACI$....................
o
1
2
3
4
5
6
7
8
9
2 ercent of total
20 Ius 1 for each 100 over 1,000
OFFSTREET LOADING SPACES
..... d. ........., ..............____.....___........____...._. ..... .----....,,-----.."...
................N....U.M.s....e....R.O........F. ...U.O....A....Od. NdGd....S.Pd..A...C.e...s.....................
i... ... ... ... .. ... ... ..... ..... ..< .......... ... ... .. ... J ... ....... ..... . < . . .. ..}
""'P- ......._____....._.._.__......___ -_.....-.--_.......-..........-.--..
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Multi-famil and hotel/motel uses
. 100-200 units
. 201-400 units
. Over 400 units
Other non-residential uses - For each building
containing 5,000 square feet or more Building
Area
. 1
. 2
. 3
. 5,000 - 15,000 SF · 1
. 15,001 - 50,000 SF · 2
. 50,001 - 100,000 SF · 3
. Each additional 100,000 SF · 1 Additional
NOTE: Uses having a centralized receiving area may have loading space requirements
reduced at the discretion of the Develo ment Code Administrator.
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Parkinq lot surfacinq. All parking and loading spaces must be paved with
concrete or asphalt in accordance with the City's Technical Design and
Specifications Manual. In some cases, however, "grass" parking is allowed after
City review as provided in the following table; such parking may consist of grass,
gravel, shell, or turfblock surfaces, depending on soil conditions. Travel aisles
serving grass parking spaces must be paved, unless this requirement is waived
by the city engineer. All surfacing materials for grass parking spaces and travel
aisles must be approved by the City Engineer. Handicapped parking spaces
and vehicle display areas must be paved with concrete or asphalt. When the
number of parking spaces provided to serve any of the following uses exceeds
the required number of parking spaces by 25% or more, those "excess" spaces
45
must be grass parking unless site conditions do not allow the installation of grass
parking as determined by the City Engineer.
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Parkinq lot desiqn. Parking lot design is a function of both parking, loading
space and travel aisle dimensional requirements and how the location of these
components affect the site and surrounding properties.
The following tables and diagrams provide the dimensional requirements for
parking and loading spaces. In cases where there is limited visibility or
maneuvering room, these dimensional requirements may be increased at the
discretion of the City Engineer.
MINIMUM PARKING LOT DIMENSIONS
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0 8.0 8.0 12.0 23.0
45 9.0 19.8 13.0 12.7 46.2
50 9.0 20.4 14.0 11.7 47.0
60 9.0 21.0 18.0 10.4 55.5
70 9.0 21.0 19.0 9.6 57.9
90 9.0 19.0 24.0 9.0
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MINIMUM HANDICAPPED SPACE DIMENSIONS
.
Handicapped Space Size (Min.): 12' W x 19' L
. Wheelchair Travel Aisle: 14'
MINIMUM LOADING SPACE DIMENSIONS
.
Loading Space Size (Min.): 12' W x 35' L
. Vertical Clearance: 14'
Components of aood overall desian for parkina lots include:
Alignment of site access points with opposing streets and drives;
shared site access with adjoining properties where possible; travel
aisle and parking space layout that is sensitive to pedestrian needs;
and driveway design that does not conflict with driveways serving
adjoining properties. Such features are extremely site-specific and
design requirements must therefore be determined on case-by-
case basis by the city engineer. Specific design requirements are
provided for the following circumstances:
. Parking lot design for uses other than small scale residential uses
like single family residences, townhomes or duplexes must not
utilize adjoining streets and rights-of-way for direct. parking and
loading space access, including backing maneuvers and
47
loading access. Direct parking and loading space access must
occur entirely off adjoining streets and rights-of-way, unless this
requirement is waived by the City Engineer.
. Parking lots providing 200 or more spaces must include internal
pedestrian walkways to provide protected walking areas for
pedestrians; such walkways, if creatively landscaped, may be
counted toward meeting landscaping requirements.
. Parking lots providing 50 or more spaces must include a bicycle
parking area designed to accommodate at least four bicycles;
one additional bicycle must be accommodated for each 20
parking spaces over 50 spaces.
. Queuing lanes for drive-through facilities must be designed to
accommodate the storage capacity required by the City
Engineer without blocking travel aisles or parking and loading
spaces and must have a vertical clearance of 14 feet. For drive-
through restaurants, each drive-through lane must
accommodate at least 8 vehicles. For banks, the following
schedule must be observed. For other uses the capacity is as
determined by the City Engineer.
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..:NUMBEa:OJ;ORIVE~trHROUGetlANES}r REQD.I$EO..VEHICtESTORiAGc...CAPACITY/:.
........... ......nl....... .................... ..... .. ..... .......
1 8
2 12
3 18
4 23
Each additional 2 additional
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Some recommended parking lot design configurations are shown in
the following drawings.
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BUILDING CODES
Clearwater enforces a variety of building codes to insure high quality
development throughout the City and to protect both the public purchasers
and occupants of these buildings and the construction professionals who build
to high standards and expect others to do so as well.
INCENTIVES
We offer the following incentives:
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. We use standard construction codes that are used throughout Pinellas
County and elsewhere in the State. What you do in other areas can almost
always be applied the same way in Clearwater.
. Where we have local exceptions to these standard codes, they are clearly
identified and are consistent with exceptions in effect throughout Pinellas
County.
. We have a highly trained inspections, plans review and permitting staff
available to assist our customers in meeting our code requirements. In
addition, we have state-of-the-art permitting software on our computers and
can take your permit applications by fax and provide you with application
and inspections reports through our 24 hour-a-day call-in service..
TOOLS AND TECHNIQUES
Codes we enforce.
Except as noted in the "local exceptions" section below, we enforce the
following standard or national codes or later editions as may subsequently be
adopted or amended by the Pinellas County Construction Licensing Board,
which are adopted by reference. These codes are available for inspection in
both the Central Permitting Department and Office of the City Clerk.
. Standard Codes, 1994 editions, published by the Southern Building Code
Congress International, Inc.:
1. Standard Building Code, including but not limited to chapter 39, the
Coastal Construction Code; chapter 40, the Countywide Pool Code;
and Appendix C.
2. Standard Plumbing Code, with Appendixes B, C, G, I, and J.
3. Standard Mechanical Code.
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Note: All references to the Standard Gas Code in the Standard Building,
Plumbing, or Mechanical Code are to be interpreted as reference to NFPA 54 or e
NFPA 58.
. National Electrical Code, 1996 edition, published by the National Fire
Protection Association.
. National Fuel Gas Code, NFPA 54, 1992 edition, published by the National Fire
Protection Association.
. Standard for the Storage and Handling of Liquefied Petroleum Gases, NFPA
58, 1992 edition, published by the National Fire Protection Association.
. Standard Unsafe Building Abatement Code, 1985 edition, published by the
Southern Building Code Congress International, Inc.
. 1991 Standard Housing Code, published by the Southern Building Code
Congress International, Inc.
. Flood damage prevention requirements consistent with local provisions
described in Section and with State and federal law.
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. Marine improvements requirements of the Pinellas County Water and
Navigational Control Authority, including local Harbormaster review (see
Section _J.
Local exceptions.
To more effectively implement the above codes in our local area, we have
adopted the following exceptions to these codes.
Standard Unsafe Buildina Abatement Code - Local Exceptions
All buildings, structures, or electrical, gas, mechanical or plumbing systems which
are unsafe or unsanitary, or which do not provide adequate egress, or which
constitute a fire hazard, or which are otherwise dangerous to human life, or
which constitute a hazard to safety or health, are considered unsafe buildings,
structures or service systems and are hereby declared illegal. All such unsafe
building, structures or service systems shall be abated by repair and
rehabilitation or by demolition in accordance with the provisions of the
Standard Unsafe Building Abatement Code, adopted in section 47.051 of this
Code of Ordinances, with the following amendments:
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Section 105. Section 105 is amended to read in its entirety:
105. Development Review Board. The Development Review Board shall have
the authority to provide for adjustments and appeals to the Standard for
Unsafe Building Abatement Code, and shall have the authority to make
the final interpretation of provisions of such code. This section shall not be
construed as depriving the Municipal Code Enforcement Board of its
authority to conduct hearings relating to violations of the Standard Unsafe
Building Abatement Code or to carry out its powers pursuant to Division 9
of Article III of Chapter 2 of the Code of Ordinances.
Section 302. 1. 1, paragraph 3.1. Paragraph 3.1 of section 302.1. 1 is amended to
read:
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3.1. If the building or structure is to be repaired or secured, the notice shall
require that all permits be secured and the work commenced
within seven calendar days following service of notice and that the work
be completed within 20 calendar days following issuance of the permit.
The notice shall also indicate the degree to which the repairs must
comply with the provisions of the Standard Building Code, in accordance
with section 101.4 of this Standard Unsafe Building Abatement Code.
Section 302. 1.1, paragraph 3.3. Paragraph 3.3 of section 302. 1.1 is amended to
read:
3.3. If the building or structure is to be demolished, the notice shall require that
the premises be vacated within 30 calendar days following service of
notice, or immediately following service of notice in the case of an
occupied building or structure which constitutes an immediate hazard to
life or to the safety of the occupants and the public. The notice shall also
require that all required permits for demolition be secured and the work
commenced within seven calendar days following service of notice, and
that the demolition be completed within no longer than 20 calendar days
following issuance of the permit.
Section 302.1.1, paragraph 4. Paragraph 4 of section 302.1.1 is amended to
read:
4.
A statement advising that any person having any legal or equitable
interest in the property may appeal the notice by the Building Official to
the Development Review Board; that such appeal shall be in writing in
the form specified in section 401 of this Standard Unsafe Building
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Abatement Code and shall be filed with the Building Official within seven _
calendar days following service of the notice; that upon a failure to ..
appeal in the time specified, the notice shall constitute a final order and
no additional notice shall be required or provided; and that failure to
appeal in the time specified will constitute a waiver of all rights to an
administrative hearing.
Section 303. Section 303 is amended to read in its entirety:
303. Standards For Compliance. The following action shall be taken by the
Building Official when ordering the repair, vacation or demolition of an
unsafe building or structure:
1 . The building shall be ordered repaired in accordance with the
Standard Building Code or demolished at the option of the owner.
2. If the building or structure constitutes an immediate hazard to life or
to the safety of the public:
aj The Building Official shall order the building or structure vacated
immediately; and
bj The Building Official shall cause the building or structure to be
made safe. If the cost to repair is more than 50 percent of the
value of that building or structure, the Building Official shall order e
the building or structure demolished.
3. The building or structure may be secured or boarded up for. a
maximum of 30 calendar days, after which time the necessary repairs
or construction, alterations, removal, or demolition shall have been
commenced and completed; provided, that if an appeal has been
taken, the building or structure may be secured or boarded up during
the pendency of the appeal and for such additional time as the
reviewing board may allow.
4. The Building Official may extend a deadline for repairing, securing or
boarding up, or demolishing a building or structure upon a showing of
good cause by the owner, and upon the owner showing that he has
entered into a contract with a licensed contractor to perform the
necessary work. To be eligible for a deadline extension, the contract
shall indicate the necessary work be commenced not later than 60
days following service of the notice to the owner and shall require the
work to be completed not later than 30 days following
commencement of the work if the work consists of nonstructural
repairs, or not later than 90 days following commencement of the
work if the work consists of structural repairs or. demolition of the
building or structure. However, if the building or structure constitutes an e
52
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immediate hazard to life or to the safety of the occupants and the
public, the deadline to vacate the building shall not be extended, the
building or structure shall be secured against entry by trespassers, and
any exterior repairs necessary to remove hazards to persons outside
the building or structure shall be performed to the satisfaction of the
Building Official as a prerequisite to an extension of a deadline.
Section 401.1. Section 401.1 is amended to read in its entirety:
401.1. Right of Appeal--Filing. Any person entitled to service in accordance with
the provisions of chapter 3 of this Standard Unsafe Building Abatement
Code may appeal any action of the Building Official under this code to
the Development Review Board. Such appeal must be filed in writing with
the Building Official within seven calendar days from the date of service
on a form provided by the Building Official containing at least the
following information:
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1. Identification of the building or structure by street address or legal
description.
2. A statement identifying the legal or equitable interest of each
appellant.
3. A statement identifying the specific order of the Building Official or
section of the code being appealed.
4. A statement detailing the issues on which the appellant desires to be
heard.
5. The signature of all appellants and their mailing addresses.
6. An application fee as determined in the fee schedule. If appellant is
successful, the fee will be refunded.
Chapter 5. Chapter 5 is amended to read in its entirety:
501.1. As an alternative code enforcement remedy, the Municipal Code
Enforcement Board is hereby authorized to conduct hearings relating to
violations of the Standard Unsafe Building Abatement Code. In any case
in which the Board finds that a violation has occurred, the Board may
order corrective action to be taken by a date certain, which corrective
action may include the repair, improvement, vacation, or demolition of
the building or structure, and may otherwise carry out its powers pursuant
to Division 9 of Article III of Chapter 2 of the Code of Ordinances relating
to any such violations.
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53
section 302.1.3 of this Standard Unsafe Building Abatement Code at least
ten calendar days prior to the hearing date.
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502. Judicial review. The decision of the Municipal Code Enforcement Board
shall be
subject to judicial review in the circuit court by common law certiorari.
(2) Those provisions of the Standard Unsafe Building Abatement Code not
expressly amended by this section shall continue in full force and effect.
Standard Housino Code - Local Exceptions
The Standard Housing Code, as adopted in section 49.01, is amended as follows:
(1) Section 103.2. 1 of the Standard Housing Code is amended to read as
folio ws:
103.2.1 Unsafe Residential Buildings or Structures.
1. All residential buildings or structures used as such which are unsafe,
unsanitary, unfit for human habitation, or not provided with adequate
egress, or which constitute a fire hazard, or are otherwise dangerous to e
human life, or which in relation to existing use constitute a hazard to
safety or health by reason of inadequate maintenance, dilapidation,
obsolescence, or abandonment, are considered unsafe buildings. All
such unsafe buildings are hereby declared illegal and shall be abated
by repair and rehabilitation or by demolition in accordance with the
procedures established for unsafe structures in this section.
2. Any building or structure meeting one or more of the following
descriptions shall be deemed to constitute an unfit or unsafe building
and a nuisance, and the owner of the building or structure shall be
required to take corrective action pursuant to the Standard Housing
Code as amended and adopted by the city:
a) Having a condition dangerous to the health, safety or welfare to
the occupants, passersby or persons in contiguous areas
because of fire, deterioration, unsanitary conditions, decay,
structural defects, improper design, unstable foundation,
termites, acts of God or other causes;
b) Lacking illumination, ventilation, or sanitation facilities adequate
to protect the health and safety of the occupants or the public;
c) Containing conditions constituting a "major violation" as defined
by Section 202 of the Standard Housing Code; e
54
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d) Requiring repair. where the enforcing official determines the cost
of repair exceeds 50 percent of the value of the building or
structure as described in section 103.2.4 herein;
e) Having a condition of uncompleted repair for which a building
permit was issued, where such repair is not completed in
substantial conformity with the approved plans and
specifications and the building permit has expired; or
f) Having a condition requiring corrective action where the owner
has failed to comply with a notice or notices from the enforcing
official, issued and served in accordance with sections 103.2.2
and 103.2.3.
(2) Section 103.2.2 of the Standard Housing Code is amended to read as
follows:
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103.2.2 Notice required; content of notice. Whenever the enforcing official
determines that there are reasonable grounds to believe that there has
been a violation of any provision of this Code or of any rule or regulation
adopted pursuant thereto, the official shall give notice of such alleged
violation to the person or persons responsible therefor and such alleged
violations shall constitute a nuisance. Such notice shall:
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1. Be put in writing;
2. Include a statement of the reasons why it is being issued;
3. Specify the time period within which all necessary building permits must
be secured, work commenced, and work completed which shall be as
follows:
a) For a major violation, all necessary permits shall be secured and
the work shall be commenced within ten calendar days or in
such time as the enforcing official shall determine; and shall be
completed within 20 calendar days of permit issuance or in such
time period as the enforcing official may determine, not to
exceed 120 calendar days following permit issuance.
b) For a minor violation, all necessary permits shall be secured and
the work shall be commenced within ten calendar days or in
such time as the enforcing official shall determine, and shall be
completed within 30 calendar days of permit issuance or in such
time period as the enforcing official may determine, not to
exceed 120 calendar days following permit issuance.
4. State that, if such repairs, reconstruction, alterations, removal or
demolition are not voluntarily completed within the stated time as set
forth in the notice, the enforcing official shall institute appropriate legal
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proceedings charging the property owner with a violation of this _
Code. ..
5. State that the structure may be boarded up for a maximum of 45
calendar days if a defect in the structure constitutes a major violation,
or otherwise for a maximum of 60 calendar days, after which time the
completion of necessary repairs, reconstruction, alterations, removal,
or demolition shall be required.
(3) Section 103.2.3 of the Standard Housing Code is amended to read as
follows:
103.2.3 Service of Notice. Service of notice shall be as follows:
1. By delivery to the owner personally or by leaving the notice at the
usual place of abode of the owner with a person of suitable age and
discretion; or
2. By depositing the notice in the United States Post Office addressed to
the owner at his or her last known address, as determined by the
county property tax records, with postage prepaid thereon; or
3. By posting and keeping hosted for 24 hours a copy of the notice in a
conspicuous place on the premises to be repaired.
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(4) Section 103.2.4 of the Standard Housing Code is amended to read as
follows:
103.2.4 Authority of Enforcing Official. Upon determining that a building or
structure is a minor violation constituting a nuisance, the enforcing
official may order the repair or reconstruction of the building or structure,
including any accessory structure having a condition which also. .
constitutes a nuisance in violation of this code. In any case where the
condition of a building or structure is a major violation, or where the cost
of repair exceeds 50 percent of the value of the building or structure,
the enforcing official may order the vacation, repair, reconstruction,
demolition, or removal of the building or structure in accordance with
section 47.161 of the Code of Ordinances and the Standard Unsafe
Building Abatement Code.
For the purpose of establishing whether the cost of repair of a building or
structure exceeds 50 percent of the value of the building or structure,
the value shall be determined by an MAl appraisal performed within the
preceding twelve months or, if no such appraisal is available, the value
shall be determined from the most recent assessment roll prepared by
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the Pine lias County Property Appraiser. The cost of repair of a building or
structure shall mean the total cost of labor, materials and services,
based on current prices.
(5) Section 705 of the Standard Housing Code, relating to hardships, is deleted.
(6) Section 706 of the Standard Housing Code, relating to the Housing Board of
Adjustment and Appeals, is deleted and a new Section 706 is added to read as
follows:
Section 106. Appeal of Interpretation of Enforcing Official; Hearing of Violations
by Municipal Code Enforcement Board; Procedure Upon Noncompliance with
Order of Municipal Code Enforcement Board.
106.1 Appeals to Development Review Board.
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1. The Development Review Board shall have the authority to provide for
adjustments and appeals to the Standard Housing Code, and shall
have the authority to make the final interpretation of provisions of such
Code.
2. A notice of appeal must be filed by the person or persons responsible
with the enforcing official within 10 calendar days from the date of
service of the notice of violation under the Standard Housing Code
and section 49.01 of this Code on a form provided by the enforcing
official. The notice shall contain at least the following information:
a) Identification of the building or structure concerned by street
address or legal description.
b) A statement identifying the legal interest of each appellant in
the property.
c) A statement identifying the specific order or section being
appealed.
d) A statement detailing the issues on which the appellant desires
to be heard.
e) The signature of all appellants and their official mailing address.
f) An application fee as determined in the fee schedule. If
appellant is successful, the fee will be refunded.
3. The filing of a notice of appeal shall suspend the time required to
secure necessary building permits and take corrective action, and the
time limits for boarding up the structure, until the Board has heard the
appeal and rendered a decision.
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4. A notice of hearing shall be served personally or mailed in the same
manner as required for a notice of violation at least 10 calendar days e
prior to the hearing date.
5. Hearings before the Board shall be conducted generally in
accordance with the rules of the Board.
6. The decisions of the Board shall be subject to judicial review in the
circuit court by common law certiorari, which must be filed within 30
days of the Board's decision.
106.2 Hearing of Violations by Municipal Code Enforcement Board.
1. As an alternative code enforcement remedy, the Municipal Code
Enforcement Board is hereby authorized to conduct hearings relating
to violations of the Standard Housing Code. In any case in which the
Board finds that a violation has occurred, the Board may order
corrective action to be taken by a date certain, which corrective
action may include the repair, improvement, vacation, or demolition
of the building or structure, and may otherwise carry out its powers
pursuant to division 9 of article III of chapter 2 of this Code relating to
any such violations.
2. The hearing notice shall be serviced personally or mailed as required
by section 2.216 of this Code at least seven calendar days prior to the e
hearing date.
106.3 Procedure Upon Noncompliance with Order of the Municipal Code
Enforcement Board.
If the person or persons responsible fail within the time specified to comply
with the order of the Municipal Code Enforcement Board issued pursuant
to the Standard Housing Code, then the City, through the enforcing
official, is authorized to vacate, demolish, or remove, either with City
forces or by independent contractor submitting the lowest and best bid.
Any such structure, including accessory buildings, without further notice to
the person or persons responsible, at cost to the person or persons
responsible, the cost of which shall become a lien on the property until
paid.
106.4 Deference of Abatement in Certain Cases.
In any case where the violator is an owner and occupant of the property,
and the violator has applied to the City's Economic Development
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to make the requisite repairs and has been denied such loan, the City
Manager may defer abatement of the violation until such time as the
Manager may direct.
(7) Section 107 of the Standard Housing Code, relating to appeals, is deleted.
(8) Section 202 of the Standard Housing Code is amended as follows:
1. "Abandoned Building" as used in the Standard Housing Code shall
mean a building or structure that is unoccupied, deserted by the
owner and is left unsecured, with no efforts being made to secure the
building or structure.
2. "Abandoned Motor Vehicle" as used in the Standard Housing Code
shall have the definition provided in section 20.32 of the City Code.
(9) Section 308.3 of the Standard Housing Code is amended to read as follows:
308.3 Water Closet. Lavatory and Bath Facilities.
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At least one flush water closet, lavatory basin, and bathtub or shower,
properly connected to a water and sewer system and in good working
condition, shall be supplied for each four rooms or maximum of eight
people within a rooming house wherever such facilities are shared. All
such facilities shall be located on the floor they serve within the building
so as to be reasonably accessible from a common hall or passageway to
all persons sharing such facilities.
(10) Section 308.8 of the Standard Housing Code is amended by adding
subsection 308.8 to read as follows.
308.8. Definitions.
As used in this section, "rooming house" shall mean and include any
rooming house, hotel, motel, dormitory, or lodginghouse. The provisions of
subsection 308.7 of this code shall apply to every rooming house, hotel,
motel, dormitory, and lodging house.
"Rooming house license" means the public lodging license required by F.S.
S 509.241, and issued by the Florida Department of Business Regulation,
Division of Hotels and Restaurants.
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(11) Those provisions of the Standard Housing Code not expressly amended by
this section will continue in full force and effect. e
Gas Codes - Local Exceptions
The provisions of the National Fuel Gas Code or the Standard for Storage and
Handling of Liquefied Petroleum Gas shall apply to the installation of consumer's
gas piping, gas appliances and related accessories as covered in these codes.
These requirements apply to gas piping systems extending from the point of
delivery to the inlet connections of appliances, and the installation and
operation of residential and commercial gas appliances and related
accessories.
Testing. Testing shall be done in accordance with Part 4 of NFPA 54 adopted by
section 47.051, except that section 4.1.4 is amended to read in its entirety:
4.4.4. Test of pipe for tightness.
a) Procedure and precautions. Before any system of consumer's
gas piping is put in service, it shall be carefully tested to assure
that it is gas tight. Where any part of the system is to be enclosed
or concealed, this test shall precede the work of closing in. To
test for tightness, the piping shall be filled with air or inert gas, but
not with any other gas or liquid. In no case shall oxygen ever be
used.
b) Method of testing. Low pressure (not in excess of 0.5 psi) gas
piping shall withstand a pressure of at least 10 psi or 6 inches of
mercury for not less than 10 minutes without showing any drop in
pressure. Higher pressure gas piping shall withstand a pressure of
at least twice the maximum pressure to which the piping will be
subjected in operation, but not less than 10 psi, for not less than
10 minutes without showing any drop in pressure. Piping,
regulators, valves and appliances shall not be subjected to
pressures higher than their rated capacity.
c) Test instruments. For pressure tests, pressure shall be measured
with a manometer, slope gauge, or other accurate and sensitive
pressure indicating device, the scale of which is so graduated
that variations in pressure may be accurately read. A bourdon
tube type gauge calibrated in a maximum of quarter-pound
increments shall be acceptable. There shall be a tag attached
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to the gauge indicating the date, time and pressure applied to
the system upon completion of the test.
Coastal Construction Zone - Local Exceptions
Within the landward 50 feet of Zone 2 and all of Zone 3, as such zones are
established under Chapter 39, the Coastal Construction Code of the Standard
Building Code, the Building Official has the power to grant exceptions for
nonresidential structures, as stated within section 3906.4 of the Coastal
Construction Code.
The flood proofing must be a minimum one foot above base flood elevation
and certification of the flood proofing method used must be filed with the
Building Official prior to the issuance of a certificate of occupancy. Certification
must be by a professional engineer or architect.
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Permits required.
Building permits are required to be obtained for all major and many minor
construction projects. More information on the types of projects that require
permits and the permit process itself can be found in the "Building Permits"
section of Chapter _'
This section addresses:
. Preparation of construction plans by design professionals.
. Special fee information.
. Special permit requirements for moving buildings.
Preparation of construction plans bv desian professionals. Construction plans,
except as noted below, must be prepared by a design professional. The design
professional must be an architect or engineer legally registered under the laws
of Florida regulating the practice of architecture or engineering. Prior to City
consideration of construction plans, they must be officially sealed by the design
professional, including all drawings, specifications, and accompanying data for
all group occupancies except R3. Group R3 buildings, regardless of size, where
the work affects the structural components of a building must be designed for
compliance to Chapter 16, "Structural Loads," by an architect or engineer who
must affix his official seal to these drawings, specifications, and accompanying
data, or must otherwise demonstrate compliance using alternatives approved
by the Pinellas County Construction Licensing Board. Exception: Construction
less than $10,000.00 and not affecting the structural components of the building.
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Special fee information. A permit required by this article cannot be issued until
the applicable fees have been paid. An amendment to a permit will not be _
released until the additional fee, if any, due to an increase in the estimated cost
of the building, structure, or electrical, plumbing, mechanical or gas systems has
been paid.
If, in the opinion of the Building Official, the valuation of building, alteration,
structure, or electrical, gas, mechanical or plumbing systems appears to be
underestimated on the application, the permit will be denied, unless the
applicant can show detailed estimates to meet the approval of the Building
Official. Permit valuations shall include total cost, such as electrical, gas,
mechanical, plumbing equipment and other systems, including materials and
labor.
Special permit requirements for movinq buildinos. When applying for a permit to
move a building onto a lot within the City, the applicant must provide a list of
names and addresses of all property owners (the last known names and
addresses as indicated on the County tax roll) within 250 feet of the proposed
site of the building. The Building Official will notify these property owners of the
proposed move. All notices will be sent by mail. No permit for the moving of
any building onto a site within the City limits may be issued by the Building
Official until the permit application has been on file for a minimum period of _
seven days after filing to allow the Building Official to give written notice of the
application to the above property owners.
Special permit requirements for marine improvements. A building permit is
required from the City to construct seawalls, bulkheads, groins, commercial
docks, marinas, private bridges and other similar marine improvements. No Citv
building permit is required to construct a residential dock, as defined in this
ordinance, but all docks must receive approval from the Pinellas County Water
and Navigational Control Authority and City Harbormaster prior to construction.
Permit applications for marine improvements must include detailed plans and
specifications. Except for repair and replacement of decking, stringers, railings,
landings, tie piles and patching and reinforcing of pilings on commercial docks
originally permitted by the City, all plans and specifications must be signed and
sealed by a professional engineer. These plans and specifications will be
reviewed based on standards established by the City Engineer, in addition to
the various code provisions of this section. One standard of special mention is
that all seawalls along Clearwater Harbor, Clearwater Bay of the Gulf of Mexico
must be constructed at least six feet above mean sea level.
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Marine improvement construction requires a properly licensed contractor to sign
the permit and perform the work. All marine structures must meet the permit
and construction requirements of the Pinellas County Water and Navigational
Control Authority and the City Harbormaster.
Commercial docks and marinas have special inspections requirements listed in
the following subsection. Marine improvements not in continuous compliance
with the requirements of this section are subject to the enforcement and
compliance provisions of Standard Unsafe Building Abatement Code, including
local exceptions.
Definitions:
. Commercial dock - any dock that does not meet the definition of
"residential dock" below.
. Residential dock - any dock adjacent to a single family or duplex use that will
be used by an individual owner, his or her family, and friends.
Inspections.
Once a building permit is issued, inspections of the permitted construction must
occur prior to the City "signing off" on the work. The permit holder or his agent
must request a final inspection upon completion of the work, and other
inspections as required by the permit, in a timely manner. The Building Official
upon request by the permit holder or his agent will make the inspections and will
either release that portion of the construction or notify the permit holder or his
agent of any violations which must be corrected in order to comply with the
standard codes adopted in this chapter.
Special inspections.
Roof. The following roof inspections will be made:
. Deck. To be made after the deck is clean, tightly fitted, sound and free of
debris.
. Dry-in inspection. During the course of applying roofing paper.
. Roof covering inspection. During the course of installing roof covering
material.
. Tile inspection. During the course of installing roof tiles, if applied.
. Final. After all work is completed on roof.
Gas. The following gas inspections will be made:
. Underground piping inspection. To be made after trenches or ditches are
excavated, after piping or tanks are installed, and before backfill is put in
place. All joints shall be open and piping shall be uncovered at least every
20 feet. Tank tie down strips shall be visible.
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. Rough-in inspection. To be made after the roof, framing, fireblocking and
bracing are in place and all gas and vent piping is complete, and prior to e
the installation of wall or ceiling membranes.
. Final inspection. To be made after the equipment and vent piping are in
place and properly connected.
. Exceptions. When one of the following appliances has been installed, only a
final inspection will be required, provided that the installer complies with the
requirements for underground piping and furnishes a notarized letter to that
effect to the Building Official before requesting final inspection. The letter
must contain the address and permit number of the job, must state that the
piping and appliance are free of leakage, and must be signed by the
license holder or other authorized person. Any of these appliances may be
placed in operation prior to requesting final inspection.
. Water heater.
. Pool or spa heater.
. Mobile home furnace.
. Other appliance approved by the Building Official.
Pools and spas. The following inspections will be made:
. Shell. To be made when excavation and structural framework, as
appropriate, are complete.
. Deck. To be made after electrical bonding is complete and pool plumbing is e
installed.
. Final. To be made when pool or spa is complete and ready for use.
Commercial docks and marinas. All commercial docks and marinas (including
marina facilities) must be inspected on at least a three-year interval by a
professional engineer who is required to submit a report on the condition of the
commercial dock or marina to the Building Official that demonstrates the
compliance of the dock or marina with the requirements of this section.
Threshold buildings. Any building classified as a threshold building under the
provisions of F.S. S 553.79, referred to in this section as the statute, must perform
special inspections during construction. The issuance of certificates of
occupancy will be subject to the following procedure:
. The owner of any proposed building classified as a threshold building must
engage a special inspector to conduct all inspections required by the
statute.
. Prior to the issuance of a building permit, the special inspector must perform
structural inspections pursuant to a structural inspection plan prepared by the
engineer or architect of record, and must inspect shoring and reshoring for
conformance with the shoring and reshoring plans submitted to the City, and
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must furnish to the Building Official an affidavit attesting that such inspections
have been satisfactorily completed. The affidavit must include the name
and state certification number of the special inspector.
. Throughout the course of construction the special inspector must submit to
the Building Official a weekly report listing all structural elements put in place
during the previous week for which inspection is required under the statute.
The report must state that the placement of all such structural elements was
observed by the special inspector and found to comply with plans and
codes. The report must bear the signature of the special inspector and is due
not later than Wednesday following the week covered by the report. A
failure to file the weekly report by 4:00 p.m. on Friday following the week
covered by the report will be considered due cause for the Building Official
to order construction stopped until all necessary reports have been filed.
. Upon completion of construction of the threshold building, and prior to the
issue of a certificate of occupancy, the special inspector and the contractor
must file with the Building Official affidavits attesting that all requirements of
the statute have been complied with.
Flood damage prevention.
The following requirements address prevention of flood damage, an extremely
important issue in a coastal community with streams and other low lying areas
like Clearwater. The format of this section differs from much of the rest of this
development code for two reasons. First, the general requirements provided
below are based on specific legal provisions that must be observed. Second,
the general requirements are very similar to those used in other communities
across the State and nation: changing this language would be potentially
confusing to a frequent reader of these requirements.
Before the general requirements are some special requirements for Clearwater.
SPECIAL FLOOD DAMAGE PREVENTION REQUIREMENTS
Minimum floor elevation.
1. The minimum floor elevation for new buildings or additions to existing
buildings must be:
a) One foot above the crown of the pavement abutting the building site
for the lowest floor, and six inches for all floors not considered the
lowest floor as defined in this section:
b) Set by the City Engineer for new developments or unusual building
sites: or
c) Set by the flood insurance rate maps.
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2. The Building Official is hereby designated and authorized to enforce this
requirement.
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Restoration of electrical service to flooded structures.
1. This applies to all structures that receive electrical service from a licensed
public utility or any other source, in order to prevent the creation of unsafe or
hazardous conditions through the continuation or restoration of electrical
service to a structure that has sustained flooding or high water intrusion.
2. Any structure located within the boundaries of the city that has sustained
water intrusion with the result that such water intrusion has covered electrical
appliances, outlets, connections and similar devices must have the power
service to such structure terminated. Such power will not be resupplied to the
structure until such time as the electrical system within the structure is certified
as being safe for operation and use.
3. The certification must be by a licensed electrical contractor, who must
provide a report to the Building Official.
4. The owner of the structure, the owner's agent or tenant must engage the
services of a licensed electrical contractor to inspect the electrical outlets,
connections, appliances and system of the structure to determine that the
system, its improvements and appliances are in proper operating condition
and safe to receive electricity. Such certification must be in writing and
executed by the inspecting electrical contractor.
5. Upon receipt and verification of the certificate, the Building Official will notify
the public utility that the structure has been certified as safe to receive
electricity.
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GENERAL FLOOD DAMAGE PREVENTION REQUIREMENTS
Findinqs of fact. The Clearwater City Commission finds and declares that:
1. The flood hazard areas of the City are subject to periodic inundation which
results in loss of life and property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public expenditures for
flood protection and relief, and impairment of the tax base, all of which
adversely affect the public health, safety and general welfare; and
2. These flood losses are caused by the cumulative effect of obstructions in
floodplains causing increases in flood heights and velocities, and by the
occupancy in flood hazard areas by uses vulnerable to floods or hazardous
to other lands which are inadequately elevated, flood proofed, or otherwise
unprotected from flood damages.
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Purpose of section. It is the purpose of this section to promote the public health,
safety and general welfare and to minimize public and private losses due to
flood conditions in specific areas by provisions designed to:
1. Restrict or prohibit uses which are dangerous to health, safety and property
due to water or erosion hazards, or which result in damaging increases in
erosion or in flood heights or velocities;
2. Require that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction;
3. Control the alteration of natural floodplains, stream channels and natural
protective barriers which are involved in the accommodation of floodwaters;
4. Control filling, grading, dredging and other development which may
increase erosion or flood damage; and
5. Prevent or regulate the construction of flood barriers which may unnaturally
divert floodwaters or which may increase flood hazards to other lands.
Definitions. The following words, terms and phrases have the meanings ascribed
to them in this section, except where the context clearly indicates a different
meaning:
. Addition (to an existina buildinal - any walled and roofed expansion to the
perimeter of a building in which the addition is connected by a common
loadbearing wall other than a firewall. Any walled and roofed addition
which is connected by a firewall or is separated by independent perimeter
load bearing walls is new construction.
. Appeal - a request for a review of the Building Official's interpretation of any
provision of this chapter or a request for a variance.
. Area of shallow floodina - a designated AO or VO zone on the flood
insurance rate map (FIRM) with base flood depths from one to three feet
where a clearly defined channel does not exist, where the path of flooding is
unpredictable and indeterminate, and where velocity flow may be evident.
. Area of special flood hazard - the land in the floodplain within the City
subject to a one percent or greater chance of flooding in any given year.
The area may be designated on the FHBM as zone A. After detailed
ratemaking has been completed in preparation for publication of the FIRM,
zone A is usually refined into zones A, AO, A 1-99, VO and Vl-30.
. Base flood - the flood having a one percent chance of being equaled or
exceeded in any given year.
. Base flood elevation and BFE - the elevation above mean sea level, as
shown on the FIRM and FHBM.
. Basement - that portion of a building having its floor subgrade, Le., below
ground level, on all sides.
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. Breakawav wall - a wall that is not part of the structural support of the
building and is intended through its design and construction to collapse e
under specific lateral loading forces without causing damage to the
elevated portion of the building or the supporting foundation system.
. Buildina - any structure built for support, shelter or enclosure for any
occupancy or storage.
. Buildina Official - the Building Official of the City within the meaning of the
building code adopted for enforcement within the City.
. City Enaineer - the City Engineer of the City.
. Coastal hiah hazard area - the area subject to high velocity waters, including
but not limited to hurricane wave wash. The area may be designated on a
FIRM as zone Vl-30, VE or V.
. Development - any man made change to improved or unimproved real
property, including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavating, drilling or permanent storage
of materials.
. Elevated buildina - a non basement building built to have the lowest floor
elevated above the ground level by means of fill, solid foundation, perimeter
walls, pilings, columns, posts, piers, shear walls or breakaway walls.
. Elevation - elevation in relation to mean sea level.
. Existina manufactured home park or subdivision - a manufactured home park
or subdivision for which the construction of facilities for servicing the lots on e
which the manufactured homes are to be affixed, including at a minimum
the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads, was completed before December
31, 1974.
. Expansion to an existina manufactured home park or subdivision - the
preparation of additional sites by the construction of facilities for servicing the
lots on which the manufactured homes are to be affixed, including the
installation of utilities, the construction of streets, and either final site grading
or the pouring of concrete pads.
. Flood and floodina - a general and temporary condition of partial or
complete inundation of normally dry land areas from the overflow of inland
or tidal waters or from the unusual and rapid accumulation or runoff of
surface waters from any source.
. Flood hazard boundary map and FHBM - an official map of the city, issued by
the Federal Emergency Management Agency, where the boundaries of the
areas of special flood hazard have been defined as zone A.
. Flood insurance rate map and FIRM - an official map of the city on which the
Federal Emergency Management Agency has delineated both the areas of
special flood hazard and the applicable risk premium zones.
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. Flood insurance study - the official report provided by the Federal
Emergency Management Agency which contains profiles, the flood
boundary floodway map and the water surface elevation of the base flood.
. Floodway - the channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without increasing the water surface elevation.
. Floor - the top surface of an enclosed area in a building (including
basement), e.g., top of slab in concrete slab construction or top of wood
flooring in wood frame construction. The term does not include the floor of a
garage used solely for parking vehicles.
. Functionally dependent facility - a facility which cannot be used for its
intended purpose unless it is located or carried out in close proximity to
water, such as but not limited to a boat docking or port facility, or
shipbuilding, ship repair or seafood processing facilities. The term does not
include long-term storage, manufacture, sales or service facilities.
. Habitable floor - any floor usable for living purposes, including working,
eating, sleeping, cooking or recreation, or a combination thereof, such as
but not limited to bedrooms, living rooms, laundry rooms, bathrooms,
workshops, dens and studies. The term does not include a floor used only for
storage or vehicle parking purposes.
. Hiqhest adiacent qrade - the highest natural elevation of the ground
surface, prior to construction, next to the proposed walls of a structure.
. Lowest floor - the lowest floor of the lowest enclosed area (including a
basement). An unfinished or flood resistant enclosure, usable solely for
parking of vehicles, building access or storage in an area other than a
basement area is not considered a building's lowest floor, provided that such
enclosure is not built so as to render the structure in violation of the
applicable nonelevation design requirements.
. Manqrove stand - an assemblage of mangrove trees which is mostly low
trees noted for a copious development of interlacing adventitious roots
above the ground and which contain one or more of the following species:
black mangrove (Avicennia nitida); red mangrove (Rhizophora mangle);
white mangrove (Languncularia racemosa); and buttonwood (Conocarpus
erecta) .
. Manufactured home - a structure, transportable in one or more sections,
which is built on a permanent chassis and designed to be used with or
without a permanent foundation when connected to the required utilities.
The term "manufactured home" does not include a recreational vehicle.
. Manufactured home park or subdivision - a parcel or contiguous parcels of
land divided into two or more lots for rent or sale as manufactured home
sites.
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. Market value of the structure - the appraised value of the structure, not
including land, driveways, sidewalks, landscaping, swimming pools and other e
similar improvements not related to the basic structure, prior to the start of
repair or improvement or, in the case of damage, prior to the damage
occurring.
. Mean sea level - the average height of the sea for all stages of the tide. It is
used as reference for establishing various elevations within the floodplains.
For purposes of this chapter, the term is synonymous with National Geodetic
Vertical Datum (NGVD).
. National Geodetic Vertical Datum and NGVD, as corrected in 1929 - a
vertical control used as a reference for establishing varying elevations within
the floodplain.
. New construction - structures for which the start of construction commenced
on or after December 31, 1974.
. New manufactured home park or subdivision - a manufactured home park
or subdivision for which the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed, including at a minimum
the installation of utilities, the site grading or the pouring of concrete pads, is
completed on or after December 31, 1974.
. Nonconformina structure - a structure in any area of special flood hazard
within the city which is not elevated or floodproofed to National Flood
Insurance Program standards, as set forth in 44 CFR 59 and 60. e
. Readv for hiqhwav use, as applied to a recreational vehicle - the
recreational vehicle is on its wheels or jacking system, is attached to the site
only by quick disconnect type of utilities and security devices, and has no
permanently attached additions.
. Recreational vehicle - a vehicle which is built on a single chassis, 400 square
feet or less. when measured at the largest horizontal projection, designed to
be self-propelled or permanently towable by a light duty truck, and
designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel or seasonal use.
. Sand dunes - naturally occurring accumulations of sand in ridges or mounds
landward of the high-water line on the beach.
. Start of construction, for other than new construction or substantial
improvements under the Coastal Barrier Resources Act (P. L. 97-3481 - the
date the building permit was issued, provided the actual start of construction,
repair, reconstruction or improvement was within 180 days of the permit
date. The actual start of construction means the first placement of
permanent construction of a structure on a site, such as the pouring of slabs
or footings, installation of piles, construction of columns, or any work beyond
the stage of excavation or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation, such e
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as clearing, grading and filling; installation of streets or walkways; excavation
for a basement, footings, piers or foundations or the erection of temporary
forms; or the installation on the property of accessory buildings, such as
garages or sheds not occupied as dwelling units or not part of the main
structure.
. structure - a walled and roofed building that is principally above ground, a
manufactured home, a gas or liquid storage tank, or other manmade facility
or infrastructure.
. Substantial damaqe - damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before damaged condition
would equal or exceed 50 percent of the market value of the structure
before the damage occurred.
. Substantial improvement -
1. With respect to any property located on Clearwater Beach or Sand
Key, any repair, reconstruction, rehabilitation, addition or other
improvement of a structure during a five-year period, the cumulative
cost of which equals or exceeds 50 percent of the market value of the
structure before the start of construction of the improvement; or
2. With respect to any property located in an area of special flood
hazard other than on Clearwater Beach or Sand Key, reconstruction,
rehabilitation, addition or other improvement of a structure during a
one-year period, the cost of which equals or exceeds 50 percent of
the market value of the structure before the start of construction of the
improvement.
For the purposes of this definition, construction is considered to have
started when the first alteration of any wall, ceiling, floor or other structural
part of the building commences, whether or not that alteration affects
the external dimensions of the structure. The term includes structures
which have incurred substantial damage, regardless of the actual repair
work performed. The term does not, however, include any project for
improvement of a structure to correct existing violations of health, sanitary
or safety code specifications which have been identified by the Building
Official and which are the minimum necessary to ensure safe living
conditions. The term does not include any alteration of a structure listed
on the National Register of Historic Places or the state inventory of historic
places, provided that the alteration will not preclude the structure's
continued designation as a historic structure on such National Register or
state inventory.
. Variance - a grant of relief from the requirements of this section which
permits construction in a manner otherwise prohibited by this section where
specific enforcement would result in unnecessary and exceptional hardship.
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Interpretation of section. In the interpretation and application of this section all a
provisions shall be considered as minimum requirements and deemed neither to .
limit nor repeal any other powers granted under state laws.
Warninq and disclaimer of liability. The degree of flood protection required by
this section is considered reasonable for regulatory purposes and is based upon
scientific and engineering considerations. Larger floods can and will occur on
rare occasions. Flood heights may be increased by man made or natural
causes. This section does not imply that land outside the areas of special flood
hazard or uses permitted within such areas will be free from flooding or flood
damages. This section shall not be deemed to create liability on the part of the
City or any officer or employee thereof for any flood damages that may result
notwithstanding reliance on this section or any administrative decision made
thereunder.
Penalties for violation. A failure to comply with the provisions of this section or
any of its requirements, including conditions and safeguards established in
connection with grants of variances, shall constitute a violation. Any person who
violates this chapter or fails to comply with any of its requirements shall, upon a
finding of such violation, be fined not more than $500.00. Each day a violation
continues shall be considered a separate offense. Nothing contained in this
section shall prevent the city from taking such other lawful action as is necessary e
to prevent or remedy any violation.
Lands to which this section applies. This section shall apply to all areas of special
flood hazard within the City.
Adoption of maps and study. Federal Emergency Management Agency maps
entitled "Flood Insurance Rate Map and Floodway," dated June 1, 1983, and the
accompanying study entitled "Flood Insurance Study--Clearwater," dated
December 1, 1983, shall be used to provide the database for this chapter.
Development permit reauired.
1. A development permit shall be required in conformance with the provisions
of this section prior to the commencement of any development activities.
2. No structure or land shall be located, extended, converted or structurally
altered without full compliance with the terms of this section and other
applicable regulations.
Administration, permit procedures, duties of Buildina Official.
1. Designation of Building Official. The Building Official is hereby appointed to
administer and implement the provisions of this chapter. e
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2. Permit procedures. An application for a development permit shall be made
to the Building Official on forms furnished by him prior to any development
activities, and shall include but not be limited to plans drawn to scale
showing the nature, location, dimensions and elevations of the property;
existing or proposed structures; fill; storage of materials; drainage facilities;
and the location of the foregoing. Specifically, the following information is
required:
a) Application stage.
1) Elevation of the proposed lowest floor, including basement, of
all structures.
2) Elevation to which any nonresidential structure will be
flood proofed.
3) Certificate from a state registered professional engineer or
architect that the nonresidential flood proofed structure will meet
the floodproofing criteria in section 51.32(2).
4) Description of the extent to which any watercourse will be
altered or relocated as a result of proposed development.
5) For all additions to or alterations of any structure, an appraisal of
the market value of the structure from an MAl (Member,
Appraisal Institute) or SRPA (Senior Real Estate Appraiser)
designated appraiser may be provided, along with information
showing all costs involved in the proposed work, including but
not limited to materials and labor. If an appraisal is not provided,
then the appraisal of the value of the structure as determined by
the county property appraiser will be used.
6) For all additions to or alterations of any nonconforming structure,
information showing all of the costs of the proposed work shall
be provided to the Building Official.
7) Elevation certificate of the property showing lowest floor and
grade elevations duly certified by a state registered land
surveyor.
b) Construction stage. Provide a floor elevation or floodproofing
certification after the lowest floor is completed, or, in instances where
the structure is subject to the regulations applicable to coastal high
hazard areas, after placement of the horizontal structural members of
the lowest floor. Upon placement of the lowest floor or flood proofing
by whatever construction means, or upon placement of the horizontal
structural members of the lowest floor, whichever is applicable, it shall
be the duty of the permit holder to submit to the Building Official a
certificate of the elevation of the lowest floor, flood proofed elevation,
or the elevation of the lowest portion of the horizontal structural
members of the lowest floor, whichever is applicable, as built, in
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relation to mean sea level. The certification shall be prepared by or _
under the supervision of a state registered land surveyor or, when ,.,
floodproofing is utilized for a particular building, the certification shall
be prepared by or under the supervision of a state registered
professional engineer or architect, and shall be certified and sealed.
Any work undertaken prior to submission of the certification shall be at
the permit holder's risk. The Building Official shall review the floor
elevation survey data submitted. Deficiencies detected by such review
shall be corrected by the permit holder immediately and prior to
further progressive work being permitted to proceed. Failure to submit
the certification or failure to make the corrections required hereby shall
be cause to issue a stop work order for the project.
3. Duties of the Building Official. The duties of the Building Official shall include
but not be limited to:
a) Reviewing all development permit applications to ensure that the
permit requirements of this chapter have been satisfied:
b) Advising applicants that additional federal or state permits may be
required and, if specific federal or state permit requirements are
known, requiring that copies of such permits are provided and
maintained on file with the development permit:
c) Notifying adjacent communities and the state assistance office for the e
National Flood Insurance Program prior to any alteration or relocation
of a watercourse, and submitting evidence of such notification to the
Federal Emergency Management Agency:
d) Ensuring that maintenance is provided within the altered or relocated
portion of a watercourse so that the flood-carrying capacity is not
diminished:
e) Obtaining a certification of the actual elevation of the lowest floor,
including the basement, of all new or substantially improved structures,
when certification is required:
f) Obtaining a certification of the actual elevation to which the new or
substantially improved structures have been floodproofed, when
certification is required:
g) For coastal high hazard areas, obtaining a certification from a state
registered professional engineer or architect that the structure is
designed to be securely anchored to adequately anchored pilings or
columns in order to withstand velocity waters and hurricane wave
wash:
h) For coastal high hazard areas, reviewing plans for adequacy of
breakaway walls in accordance with section 51.32(5):
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i) When floodproofing is utilized for a particular structure, obtaining a
certification from a state registered professional engineer or architect,
when certification is required;
j) Making any interpretations which may be needed as to the exact
location of boundaries of the areas of special flood hazard, for
example, where there appears to be a conflict between a mapped
boundary and actual field conditions;
k) Obtaining, reviewing and reasonably utilizing any base flood elevation
and floodway data available from a federal, state or other source
whenever base flood elevation data or floodway data have not been
provided as required;
I) Maintaining all records pertaining to the administration of the provisions
of this chapter;
m) Promulgating administrative policies and procedures for determining
eligible and ineligible costs for construction or renovation of a structure
in the floodplain, consistent with this chapter and applicable state and
federal law. Such administrative policies and procedures shall be
issued before February 1, 1990, and may be amended from time to
time thereafter as circumstances require. Copies thereof shall be
provided without cost to all applicants for building permits in any area
of special flood hazard within the city. A current copy shall be
conspicuously posted in a public area of the Building Official's office
and a current copy shall also be filed in the office of the City Clerk.
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Variances from section.
1. The Development Review Board shall hear and decide appeals from
decisions of the Building Official pursuant to this chapter and requests for
variances from the requirements of this chapter. A decision of the Board shall
be final, subject to judicial review by common law certiorari in circuit court.
2. Variances may be granted for the reconstruction, rehabilitation or restoration
of structures listed on the National Register of Historic Places or the state
inventory of historic places, if the proposed reconstruction, rehabilitation or
restoration will not result in the structure losing its historical designation.
3. In passing upon such applications, the Board shall consider all technical
evaluations, all relevant factors, all standards specified in other sections of
this chapter; and:
a) The danger that materials may be swept onto other lands to the injury
of others;
b) The danger to life and property due to flooding or erosion damage;
c) The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the owner;
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d) The importance of the services provided by the proposed facility to the
community;
e) The necessity of the facility to a waterfront location, in the case of a
functionally dependent facility;
f) The availability of alternative locations not subject to flooding or
erosion damage for the proposed use;
g) The compatibility of the proposed use with existing and anticipated
development;
h) The relationship of the proposed use to the comprehensive plan and
floodplain management program for that area;
i) The safety of access to the property in times of flood for emergency
and nonemergency vehicles;
j) The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters and the effects of wave action, if
applicable, expected at the site; and
k) The costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and
facilities such as sewer, gas, electrical and water systems, and streets
and bridges.
4. Conditions for variances:
a) Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford relief;
and, in the instance of a historical building, upon a determination that
the variance is the minimum necessary so as not to destroy the historic
character and design of the building.
b) Variances shall only be issued upon a showing of good and sufficient
cause, a determination that failure to grant the variance would result
in unnecessary and exceptional hardship, and a determination that
the granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, the
creation of a nuisance or a conflict with existing local laws or
ordinances.
c) Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
5. Upon consideration of the factors listed above, and the purposes of this
chapter, the Board may attach such conditions to the granting of variances
as it deems necessary to further the purposes of this section.
6. Any applicant to whom a variance is granted shall be given written notice
specifying the difference between the base flood elevation and the
elevation to which the structure is to be built and stating that the cost of
flood insurance will be commensurate with the increased risk resulting from
the reduced lowest floor elevation.
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7. The Building Official shall maintain the records of all appeal actions and shall
report any variances to the Federal Emergency Management Agency upon
request.
FLOOD HAZARD REDUCTION*
General standards.
In all areas of special flood hazard, the following standards are required, and
compliance with those standards relating to structural stability shall be certified
by an engineer or architect registered in this state:
1. New construction and substantial improvements shall be anchored to
prevent flotation, collapse or lateral movement of the structure.
2. Manufactured homes shall be anchored to prevent flotation, collapse or
lateral movement. Methods of anchoring may include but are not limited to
use of over-the-top or frame ties to ground anchors. This standard shall be in
addition to and consistent with applicable state requirements for resisting
wind forces.
3. New construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage.
4. New construction and substantial improvements shall be constructed by
methods and practices that minimize flood damage.
5. Electrical, heating, ventilation, plumbing, air conditioning equipment, and
other service facilities shall be located at or above the base flood elevation
or shall be designed or located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
6. New and replacement water supply systems shall be designed to minimize or
eliminate the infiltration of floodwaters into the system.
7. New and replacement sanitary sewage systems shall be designed to
minimize or eliminate the infiltration of floodwaters into the systems and
discharges from the systems into floodwaters.
8. Onsite waste disposal systems shall be located and constructed to avoid
impairment to them or contamination from them during flooding.
9. Any alteration, repair, reconstruction or improvements to a structure which is
in compliance with the provisions of this chapter shall meet the requirements
of new construction as contained in this chapter.
Specific standards.
e In all areas of special flood hazard, the following standards are required:
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1. Residential construction (A zone). New construction or substantial e
improvement of any residential structure shall have the lowest floor, including
the basement, elevated at or above the base flood elevation. Should solid
foundation perimeter walls be used to elevate a structure, openings sufficient
to facilitate the unimpeded movement of floodwaters shall be provided in
accordance with the standards set forth in subsection (3) of this section.
2. Nonresidential construction (A zone). New construction or substantial
improvement of any commercial, industrial or nonresidential structure shall
have the lowest floor, including the basement, elevated at or above the
level of the base flood elevation. Structures located in all A zones may be
flood proofed in lieu of being elevated, provided that all areas of the
structure below the required elevation are watertight with walls substantially
impermeable to the passage of water and use structural components
having the capability of resisting hydrostatic and hydrodynamic loads and
the effects of buoyance. A state registered professional engineer or architect
shall certify that the standards of this subsection are satisfied.
3. Elevated buildings (A zone). New construction or substantial improvements of
elevated buildings that include fully enclosed areas formed by the
foundation and other exterior walls below the base flood elevation shall be
designed to preclude finished living space and designed to allow for the
entry and exit of floodwaters to automatically equalize hydrostatic flood e
forces on exterior walls.
a) Designs for complying with this requirement shall either be certified by
a state registered professional engineer or architect or meet the
following minimum criteria:
1) Provide a minimum of two openings having a total net area of
not less than one square inch for every square foot of enclosed
area subject to flooding;
2) The bottom of all openings shall be no higher than one foot
above grade; and
3) Openings may be equipped with screens, louvers, valves or
other coverings or devices provided they permit the automatic
flow of floodwaters in both directions.
a) Electrical, plumbing and other utility connections are prohibited below
the base flood elevation except as may be required by other codes,
or where there is a more practical location consistent with the intent of
another code, and approved by the Building Official.
b) Access to the enclosed area shall be the minimum necessary to allow
for parking of vehicles (garage door), limited storage of maintenance
equipment used in connection with the premises (standard exterior
door), and entry to the living area (stairway or elevator). e
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c) The interior portion of such enclosed area shall not be partitioned or
finished into separate rooms.
4. Manufactured homes and RV requirements.
a) New and existing manufactured home parks and subdivisions, new
and existing manufactured homes not located within a new or existing
manufactured home park and subdivision, and recreational vehicles
that are located or placed or substantially improved in either areas of
special flood hazard or in coastal high hazard areas as defined in this
chapter shall conform to all requirements of 44 CFR 59 and 60,
effective November 1, 1989, and for the purpose of this chapter such
definitions and requirements as are contained therein are adopted in
this section by reference unless specifically set forth in this section.
b) No floodplain management regulations will apply to a recreational
vehicle if the recreational vehicle was onsite for fewer than 180
consecutive days or was fully licensed as a motor vehicle and ready
for highway use.
5. Floodways. Located within areas of special flood hazard are areas
designated as floodways. Because the floodway is an extremely hazardous
area due to the velocity of floodwaters and erosion potential, the following
standards shall apply in any floodway:
a) Encroachments, including fill, new construction, substantial
improvements and other developments, are prohibited unless
certification, with supporting technical data, by a state registered
professional engineer is provided demonstrating that the
encroachments shall not result in any increase in flood levels during
the occurrence of the base flood discharge.
b) All new construction and substantial improvements shall comply with
all applicable flood hazard reduction provisions of this section.
c) The placement of manufactured homes is prohibited except in an
existing manufactured home park or subdivision: however, a
replacement manufactured home may be placed on a lot in an
existing manufactured home park or subdivision provided the
anchoring standards and the elevation standards set forth in this
section are met.
6. Coastal high hazard areas (V zones). Located within the areas of special
flood hazard are areas designated as coastal high hazard areas. Because
these areas have special flood hazards associated with wave wash, the
following standards are required:
a) All buildings or structures shall be located landward of the Coastal
Construction Control Line.
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b) All buildings or structures shall be elevated so that the bottom of the
lowest supporting horizontal member, excluding pilings or columns, is e
located at or above the base flood elevation level, with all space
below the lowest supporting member open so as not to impede the
flow of water. Breakaway walls may be permitted if designed to wash
away in the event of abnormally high tides or wave action and in
accordance with subsection (6)(h) of this section.
c) All buildings or structures shall be securely anchored on pilings or
columns.
d) All pilings and columns and the attached structures shall be anchored
to resist flotation, collapse and lateral movement due to the effect of
wind and water loads acting simultaneously on all building
components. The anchoring and support system shall be designed
with wind and water loading values which equal or exceed the 100-
year mean recurrence interval or one percent annual chance flood.
e) A state registered professional engineer or architect shall certify that
the design, specifications and plans for construction are in compliance
with the provisions of subsections (6)(b), (c) and (d) of this section.
f) There shall be no fill used as structural support. Noncompacted fill may
be used around the perimeter of a building for landscaping or
aesthetic purposes provided the fill will wash out from storm surge,
thereby rendering the building free of obstruction, prior to generating e
excessive loading forces, ramping effects or wave deflection. The
Building Official shall approve design plans for landscaping/aesthetic
fill only after the applicant has provided an analysis by an engineer,
architect or soil scientist which demonstrates that the following factors
have been fully considered:
1) Particle composition of fill material does not have a tendency
for excessive natural compaction.
2) Volume and distribution of fill will not cause wave deflection to
adjacent properties.
3) Slope of fill will not cause wave runup or ramping.
g) There shall be no alteration of sand dunes or mangrove stands which
would increase potential flood damage.
h) Nonsupporting breakaway walls, open latticework or mesh screening
shall be allowed below the base flood elevation provided they are
not part of the structural support of the building and are designed so
as to break away, under abnormally high tides or wave action, without
damage to the structural integrity of the building on which they are to
be used and provided the following design specifications are met:
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1) Design safe loading resistance of each wall shall be not less than
ten nor more than 20 pounds per square foot; or
2) If more than 20 pounds per square foot, a state registered
professional engineer or architect shall certify that the design
wall collapse would result from a water load less than that which
would occur during the base flood event, and the elevated
portion of the building and supporting foundation system shall
not be subject to collapse, displacement or other structural
damage due to the effects of wind and water loads acting
simultaneously on all building components during the base flood
event. Maximum wind and water loading values to be used in
this determination shall each have a one percent chance of
being equaled or exceeded in any given year or 100-year mean
recurrence interval.
i) If breakaway walls are utilized, such enclosed space shall not be
designed to be usable for human habitation but shall be designed to
be usable only for parking of vehicles, building access or limited
storage of maintenance equipment used in connection with the
premises.
j) Prior to construction, plans for any structures that will have breakaway
walls shall be submitted to the Building Official for approval.
k) Any alteration, repair, reconstruction or improvement to a structure
shall not enclose the space below the lowest floor except with
breakaway walls.
I) The placement of manufactured homes is prohibited except in an
existing manufactured home park or subdivision; however, a
replacement manufactured home may be placed on a lot in an
existing manufactured home park or subdivision provided the
anchoring standards and the elevation standards set forth in this
section are met.
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Streams without established base flood elevations or floodwavs. Within the
areas of special flood hazard where small streams exist but where no base flood
data have been provided or where no floodways have been provided, the
following standards apply:
1. No encroachments, including fill material or structures, shall be located less
than 20 feet from the top of the stream bank unless certification by a state
registered professional engineer is provided demonstrating that such
encroachments shall not result in any increase in flood levels during the
occurrence of the base flood discharge.
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2. New construction or substantial improvements of structures shall be elevated
or flood proofed to elevations established by the Building Official utilizing data e
available from a federal, state or other source.
Subdivision proposals. All proposed subdivisions, including but not limited to
manufactured home parks and subdivisions and other proposed developments
consisting of at least 50 lots or five acres, or both, shall be reviewed by the City
Engineer to determine that the following requirements have been or will be
satisfied:
1. All subdivision proposals shall be consistent with the need to minimize flood
damage.
2. All subdivision proposals shall have public utilities and facilities, such as sewer,
gas, electrical and water systems, located and constructed so as to minimize
flood damage.
3. All subdivision proposals shall have adequate drainage provided so as to
reduce exposure to flood hazards.
4. Base flood elevation data shall be provided.
Areas of shallow floodinq (AO zones). Located within the areas of special flood
hazard are areas designated as shallow flooding areas. Because these areas
have special flood hazards associated with base flood depths of one to three e
feet, where a clearly defined channel does not exist and where the path of
flooding is unpredictable and indeterminate, the following standards' are
required:
1. All new construction and substantial improvements of residential structures
shall have the lowest floor, including the basement, elevated to the depth
number specified on the flood insurance rate map, in feet, above the
highest adjacent grade. If no depth number is specified, the lowest floor,
including the basement, shall be elevated at least two feet above the
highest adjacent grade.
2. All new construction and substantial improvements of nonresidential
structures shall:
a) Have the lowest floor, including the basement, elevated to the depth
number specified on the flood insurance rate map, in feet, above the
highest adjacent grade. If no depth number is specified, the lowest
floor, including the basement, shall be elevated at least two feet
above the highest adjacent grade; or
b) Together with attendant utility and sanitary facilities, be completely
flood proofed to or above that level so that any space below that
level is watertight with walls substantially impermeable to the passage e
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of water and with structural components having the capability of
resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
Enforcement.
To effectively enforce these building codes, the following general provisions are
established. Specific enforcement provisions may be found in various
subsections above.
Work commencina before permit issuance. If any person commences any work
on a building, structure, or electrical, plumbing, mechanical or gas system
before obtaining the necessary permit, he may be subject to a penalty as
provided in the City fee schedule.
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Stop work orders. Upon notice from the Building Official, work on any building,
structure or electrical, gas, mechanical or plumbing system that is being done
contrary to the provisions of the standard codes adopted in this section or in a
dangerous or unsafe manner or without proper permits shall immediately cease.
Such notice will be in writing and will be given to the owner of the property, his
agent or the person doing the work and will state the conditions under which
work may be resumed. Where an emergency exists, the Building Official will not
be required to give a written notice prior to stopping the work.
Revocation of permits. .
1. Misrepresentation of application or change in circumstances. The Building
Official may revoke a permit or approval issued under the provisions of the
standard codes adopted in this section in cases where there has been any
false statement, change in circumstances or misrepresentation as to material
fact in the application or plans on which the permit or approval was based.
2. Violation of code provisions. The Building Official may revoke a permit upon
determination that the construction, erection, alteration, repair, moving,
demolition, installation or replacement of the building, structure or electrical,
gas, mechanical or plumbing systems for which the permit was issued is in
violation of, or not in conformity with, the provisions of the codes.
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Penaltv for violation of Standard Housina Code.
Any person, organization, society, association or corporation, or any agent or
representative thereof, who violates any provisions of the Standard Housing
Code hereby adopted or fails to comply therewith, or who violates or fails to
comply with any order made pursuant to the Standard Housing Code will upon
conviction be subject to the penalties of Section 1.12. The imposition of one
penalty for any violation does not excuse the violation or permit it to continue.
All persons who commit a violation as stated in this section will be required to
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correct or remedy such violation or defect within a reasonable time. The
application of the penalty set out in section 1.12 will not be held to prevent the e
enforced removal of prohibited conditions.
Certificate of indebtedness--Lien created; redemption bv City.
The City Commission, as soon as practical after the assessment against the
improved real estate is made under the provisions of these codes, may issue a
certificate of indebtedness against the property assessed for the amount of the
assessment. Such certificate will contain a description of the land, the amount
of the assessment and a statement of the general nature of the improvement
for which the assessment is made, and will constitute and be a prior lien to all
other liens except the lien for taxes. A notice of lien setting forth such
information will be filed against the assessed property in the public records of
the County. The certificate will be payable to the bearer in not exceeding ten
equal annual installments, with interest at a rate not greater than eight percent
per annum, payable annually. The payment of the certificate with interest as
specified is guaranteed by the City, and in case of nonpayment of annual
interest or the principal at maturity by the property owner, such certificate will
be redeemed by the City at the option of the holder of such certificate, but
such redemption by the City does not discharge the lien of such assessment or
certificate against the assessed property.
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The certificate of indebtedness, when issued, will be turned over to the City
treasurer who, when ordered to do so by the City Commission, will sell or dispose
of such certificate in such manner as may be provided by the City Commission,
in payment for such work or improvement or for cash.
If the certificqte of indebtedness or the annual installments of interest or
principal are not paid when due, the City or the holder of such certificat.e has
the option to declare the whole of such certificate immediately due and
payable, and may institute suit thereon or foreclose the certificate. In cases
where suits are instituted, the City or the holder of such certificate will be entitled
to all costs of collection, including a reasonable attorney's fee, and the
certificate will be a lien of equal dignity against the property against which the
certificate is issued.
Supplementary rules and reoulations. The Building Official is authorized to
establish rules and regulations not in conflict with this section or the standard
codes adopted in this section for the purposes of providing for standards, plan
specifications, practical resolution of conflicting provisions, and the effective
implementation of the provisions of the codes. These rules and regulations have
the same force and effect and will be enforced the same as the codes.
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CLEARING AND GRUBBING
"Clearing and grubbing" is the technical name for land clearing, dredging and
filling activities. While clearing and grubbing is a necessary part of
development, it must be done in a careful manner to protect the quality of
surface waters within the City, including Clearwater Harbor and Tampa Bay, by
minimizing construction related erosion and to prevent the unnecessary removal
of existing vegetation.
INCENTIVES
. The scale of the project determines the amount of permit application
information that must be submitted.
. Single family residences are exempted from the permitting (but not the
performance) standards.
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TOOLS AND TECHNIQUES
Permits. Any person desiring to clear, grub, excavate, dredge or fill any property
within the City must first obtain a Clearing and Grubbing Permit. This permit is
issued by the City Environmental Management Division. Construction of an
individual single family residence will not require a Clearing and Grubbing
permit, however the performance standards of this section must be followed.
Submittal Requirements. Some or all of the following information may be
required to be submitted with the application, depending on the extent of the
work:
. A scaled drawing or aerial photograph showing property boundaries, site
physical features, topography, and limits of the proposed work.
. Purpose for the work.
. Types of construction equipment to be used.
. General description of existing vegetation and any surface waters present.
. Method of debris disposal.
. Anticipated date of commencement and completion of work.
. Proposed methods of erosion control during the work, and site stabilization
upon completion of the work.
. Location of proposed tree barricades and erosion control measures. These
must be installed and inspected prior to approval of the permit.
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Performance Standards:
. All erosion control devices and tree barricades must be maintained in place
and cleaned or repaired as necessary until completion of work and site
stabilization.
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· Within 30 days after final grade is established on any portion of a site, the site _
must be stabilized with sod, grass, mulch or other means. No disturbed areas _
may be left denuded for more than 30 days.
. Soil stockpiles must be protected at all times by measures which prevent
wind and water erosion.
· All existing storm sewer systems and inlets in the project vicinity must be
protected by erosion control measures.
· Silt fences must be provided uphill of all surface water bodies or wetlands,
and on all property boundaries which have the potential to allow erosion to
travel off-site.
. Stormwater retention areas must be rough graded at the start of construction
and site runoff directed to these areas whenever possible during
construction.
. Floating silt screens must be properly installed whenever work is performed in
water bodies.
· Ingress/egress routes from construction sites must be protected to prevent
tracking of soil off-site by construction traffic.
. Existing native vegetation should be preserved in areas which do not need
to be disturbed to complete construction.
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TEMPORARY USES
Temporary uses are short-term events or land uses, generally located on private
property. They are not "special events" as described and allowed in Section -
of the City Code. Temporary uses provide opportunities for:
. Allowing special sales and fund raising events.
. Facilitating gatherings of an infrequent and festive nature.
. Recognizing special public safety situations.
. Addressing short-term construction and real estate needs.
These types of uses, if appearance and public safety issues are addressed, add
vitality to a community by promoting a "market" atmosphere and by providing
solutions to short-term needs.
INCENTIVES
The City of Clearwater offers a wide range of temporary uses, provides clear
approval and enforcement requirements, and keeps its permitting requirements
in scale with the proposed use.
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Temporary uses are governed by the following table and by the requirements
listed below.
Application reauirements. Temporary uses that are required to have a traffic
plan in the Temporary Use Table are also required to be permitted through the
Central Permitting Department. The permit application requires the applicant to
identify the location and duration of the use and the owner/operator. In
addition, the application will require the applicant to commit to complying with
the traffic plan and to keeping the site free of debris or waste on a daily basis.
The traffic plan must show:
.Indication of area to be used by operator's vehicles and customers.
.Designation of entrances and exits, traffic flow, and parking areas.
.Total number of parking spaces available.
.Estimated number of customers or participants.
.Proposed traffic control measures.
.Hours of operation.
.Proposed solid waste management.
.Proposed signage.
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.Provision of water and sanitary sewer if in operation longer than 6
months; otherwise, if sanitary facilities are necessary, approved portable e
toilets as determined by the Building Official.
.If applicable, information concerning any tents used in the operation or
use, including maximum occupancy, a seating plan, certificate of liability
insurance, and certificate of flame resistance.
Application review process. The application and traffic plan must be submitted
at least seven days in advance of a scheduled temporary use. This information
will be reviewed by City staff members, including the Development Code
Administrator, Building Official, City Engineer and Fire Marshal. If City staff is
satisfied that the temporary use meets the following standards, the application
will be approved. If the applicant does not meet the required standards, then
the application will be denied. Appeals of decisions to deny a temporary use
application may be made to the Development Review Board as a conditional
use permit request.
Standards for approval
. The use will be compatible with the surrounding natural environment.
. The use will be compatible with the surrounding uses as measured by traffic
. type and volume, site access, hours of operation, site activity, and noise.
. The use will meet public safety requirements for traffic circulation, site access, e
fire safety and other factors.
. Signage will be compatible with the use and surrounding properties in terms
of scale. Generally, in residential districts, signs cannot exceed 24 sq. ft. in
area; in nonresidential districts, signs cannot exceed 48 sq. ft. in area; in all
districts, one sign per frontage. Specifically, no commercial parking lot sign
can exceed 6 sq. ft. in area.
. The applicants willingness or ability to meet the standards for approval based
upon past performance of code compliance or history of code violation.
Postinq of permit and traffic plan. The approved permit and traffic plan must
be posted at the site of the temporary use to assist in enforcement.
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NONCONFORMITIES
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The City of Clearwater recognizes that, over time, nonconformities to City
development codes may occur. These nonconformities may be either:
. Lawful nonconformities are created by changes to the City's Zoning Atlas,
Land Use Plan, or this development code. Lawful non conformities are not
created by the property owner and are permitted to continue. Wherever
reasonably possible, lawful non conformities should be made, wholly or
incrementally, conforming.
- OR-
. Unlawful nonconformities are created solely by the action of the property
owner and are considered violations of this development code.
Nonconformities involving signs must be treated differently since we phase out
sign nonconformities through our amortization policies and requirements. Sign
nonconformities are addressed in the Signs section.
INCENTIVES:
The City of Clearwater has established the following incentives to bring lawful
nonconformities into better compliance with our codes: e
. Nonconforming structures can be rebuilt and retain nonconforming density,
floor area ratio and height if other code requirements are met.
. Nonconforming uses may be replaced by other nonconforming uses of lesser
intensity as determined by the Development Review Board.
TOOLS AND TECHNIQUES:
There are two categories of nonconformities: dimensional nonconformities and
nonconforming uses.
Dimensional nonconformities are nonconformities involving a dimensional
requirement, such as density, lot area, lot width, lot depth, setbacks, height, floor
area ratio, parking, landscaping or buffering, flood elevation, or separation
between particular uses. Dimensional requirements can apply to land, site
development features, or structures as follows:
. If there are lawful dimensional nonconformities involving land (e.g., lot area,
width or depth), no variance or replatting is required for the land to be used
for any permitted, performance or conditional use allowed under the
applicable zoning.
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. If there are lawful dimensional non conformities involving site development
features (e.g., parking, landscaping, and buffering), no variance or
redevelopment is required for the existing use, but any change of use will
require the property to be redeveloped to meet the applicable
requirements for site development features.
. If there are lawful dimensional nonconformities involving structures (setbacks,
height, floor area ratio, flood elevation, or separation between particular
uses), no variance or redevelopment is required for the land to be used for
any permitted, performance or conditional use allowed under the
applicable zoning. These structures may be expanded or enlarged if the
extent of the dimensional nonconformity is not increased. If damaged,
destroyed, reconstructed or enlarged to an extent equal to or greater than
50% of their prior appraised value, these structures must meet all dimensional
requirements except density, floor area ratio and height which can be
retained at the prior nonconforming level but not increased.
Nonconforming uses are nonconformities involving the use of property, such as
a use that is not allowed in the applicable zoning district, an allowable
performance use that does not meet the performance standards for such uses,
or an allowable conditional use for which no conditional use permit has been
obtained. Nonconforming uses are governed by the following requirements:
. A nonconforming use is allowed to continue unless the use is discontinued for
a period of 365 or more consecutive days, and there are no substantial good
faith efforts to re-establish the use during this period. After this time period,
the structure or property associated with the use may be used only for a
conforming use.
. If a structure in which a nonconforming use is located is damaged or
destroyed to an extent equal to or greater than fifty percent of its prior
appraised value, the nonconforming use cannot be re-established, except
that a nonconforming single-family residential use may be reconstructed
within the associated structure's original setbacks.
. A nonconforming use may be allowed to be replaced by another
nonconforming use of lesser intensity upon approval by the Development
Review Board. The Board must find that the proposed use is more nearly
compatible with the surrounding properties than the nonconforming use
which it replaces, as measured by traffic or noise generation, site activity,
hours of operation, and other factors that the Board finds relevant to
differentiate between the uses.
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IMPACT FEES
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The City of Clearwater, like virtually every Florida community, collects impact
fees to help pay for the public cost of new development. These fees have
allowed us to build or rebuild new roads, parks, and water and sewer treatment
facilities. We have also used these fees to preserve open space and provide
recreational opportunities throughout the City.
We also recognize that impact fees constitute a major part of a developer's
expense. Consequently, we have compared our fees to other communities in
our region and have found that we are reasonably "priced" in relation to these
communities. To simplify the payment process for developers, we have
centralized the calculation and collection of our various City impact fees.
Since the City is largely built-out, most new development involves
redevelopment. Impact fee credits are given for the prior level of
development. (We do not, however, provide "refunds" in cases where the new
development has a lesser impact that the previous development since the
facilities to serve the previous development have already been constructed or
capacity has been dedeicated.)
In addition, we maintain accounting procedures to ensure the fees are spent for
the purposes for which they are collected. The fees are maintained in
nonrevocable trust funds and programming of expenditures from these funds is
either included in the City's annual capital budget or as otherwise approved by
the City Commission following a public hearing. Expenditures of the funds must
occur in a timely manner.
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INCENTIVES
. Fee calculation and collection is centralized.
. Accounting procedures are established to make sure the fees are sp~nt for
their intended purposes in a timely fashion.
. Credits are given in redevelopment situations.
TOOLS AND TECHNIQUES
This subsection describes the various impact fees that the City collects. Except
for transportation impact fees, due to the extent of these fees and the fact that
they are established on a countywide basis, this subsection also lists the amounts
of these fees for various situations. Finally, this subsection indicates any special
practices or provisions relating to particular impact fees.
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RECREATION LAND AND FACILITIES IMPACT FEES/
OPEN SPACE IMP ACT FEES
General description of these fees. These fees are really three separate fees.
The recreation land impact fee is charged to residential, tourist
accommodation, and residential-equivalent developments to pay for
recreational land purchases consistent with the level of service standards in the
City Comprehensive Plan.
Recreation facilities impact fees are charged to residential, tourist
accommodation, and residential-equivalent developments to pay for
recreational facility improvements to serve the new permanent and temporary
residents in these developments.
The open space impact fee is intended to purchase those properties needed to
provide a continued supply of open space within the City consistent with the
City Comprehensive Plan level of service standards.
other unique features about these fees:
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. In lieu of paying the recreational land and open space impact fees, the City
may require the dedication of land to meet the requirements. Generally, this
dedication occurs when the development is near or adjacent to an existing
or proposed park or important recreation area or has some special
recreational, environmental or open space potential that the City desires to
preserve or establish public access to.
. For the recreational lands impact fee, some credit may be given for
recreational improvements interior to the site that reduce the City's need to
provide recreational opportunities for these new residents.
Definitions. Because of the unique nature of these fees and their application,
the following definitions are established:
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. Expansion - The addition of eight or more dwelling units to a residential
property or the addition of 50 percent or more to the floor area of a
nonresidential building located on one acre or more of land.
. Land value - For undeveloped properties, either the most recent sales price
or the just value for the land without any agricultural exemption according to
the current year's property assessment records of the County Property
Appraiser, whichever is greater. For developed properties, "expansion"
means the just value for the land without any agricultural exemption
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according to the current year's property assessment records of the County a
Property Appraiser. .,
. Open space land - City-owned property established and maintained
primarily to provide vegetated breaks or vistas in the urban development
pattern, including property acquired by the City with open space funds for
use as open space land.
. Recreation facilities - Buildings, equipment and landscape features necessary
to provide for recreation activities, such as playgrounds, picnic benches,
baseball and softball diamonds, gymnasiums, soccer fields, recreation
centers, swimming pools, and courts for basketball, horseshoes, lawn
bowling, shuffleboard and tennis, as well as parking, restrooms and similar
improvements.
. Recreation facilities land - City-owned property upon which recreation
facilities are located, including property acquired by the City with recreation
facilities land funds for the development of recreation facilities.
. Residential development - All single-family, mobile home, duplex, triplex and
multiple-family dwellings, hotels/motels and interval ownership/timesharing
units. The term does not include nursing homes, adult congregate living
facilities or group homes. The dwelling unit equivalent of a hotel/motel or
interval ownership/timesharing unit is calculated as follows:
. Four hotel/motel rooms equal one dwelling unit equivalent.
. One interval ownership/timeshare unit equals one dwelling unit e
equivalent.
. Resource-based recreation area - Open space land of Citywide significance,
as determined by the City Commission, including bodies of water, wetlands,
forests and scenic views left in its natural state or improved with grass and
landscaping, sidewalks, pedestrian trails, boardwalks, fishing piers and docks,
canoe trails, bicycle trails, benches, park lights and similar improvements.
Application. The requirements for each fee category are provided below.
Recreation land impact fees
The following developments must pav recreation land impact fees:
. All new residential development of eight dwelling units or more.
. All expansion of existing residential development which will add eight or
more dwelling units.
The following developments and development circumstances are exempt from
pavinq recreation land impact fees:
. Development other than residential development as defined above.
. All new residential developments of fewer than eight units. e
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. All expansion of existing or approved residential development of fewer than
eight units.
. Any preexisting agreements to provide open space, park or recreation land
established through site plan, subdivision plat or annexation procedures.
. New residential development or expansion of nonresidential development in
the UC zoning district.
The fee and/or dedication amounts for recreational land impact fees are 150
square feet of land area in the development per each new or expanded
dwelling unit or money equal to the value of this land area. Acceptance of the
land dedication or fee is at the exclusive option of the City based on its
evaluation of the following:
. Suitability of land for recreation usage.
. Amount of land to be dedicated.
. Location of other recreation resources in the area.
. Planned recreation needs documented in the comprehensive plan.
. Ability to maintain recreation lands in a cost effective manner.
Credits: When the above requirements require the dedication of more than six
percent of land area of the proposed development, the applicant is eligible to
receive a credit if private recreation facilities are provided for the use of
residents of the proposed development. Private recreation facilities include
swimming pools, tennis courts, handball courts, racquetball courts, volleyball
courts, playgrounds, picnic areas, fitness trails and the like. The amount of the
credit is the difference between the recreation land impact fee and six percent
of the land area of the proposed development.
Recreation facilities impact fees
The following developments must pay recreation land impact fees:
. All new residential development (including developments of fewer than
eight dwelling units).
. All expansion of existing residential development which adds dwelling units
(including expansions of fewer than eight dwelling units).
The following developments and development circumstances are exempt from
payina recreation land impact fees:
. Development other than residential development as defined above.
. Any preexisting agreements to provide open space, park or recreation land
established through site plan, subdivision plat or annexation procedures.
. Any new development or expansion of development in the UC zoning
district.
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The fee for recreational land impact fees is: $200.00 per each new or added
dwelling unit.
Open space impact fees
The following developments must pay open space impact fees:
. All new residential development of eight dwelling units or more.
. All expansion of existing residential development which will add eight or
more dwelling units.
. All new or expansions (as defined in this section) to nonresidential
development involving land of one acre or more.
The following developments and development circumstances are exempt from
payina open space impact fees:
. All new residential developments of fewer than eight units.
. All expansion of existing or approved residential development of fewer than
eight units.
. Any preexisting agreements to provide open space, park or recreation land
established through site plan, subdivision plat or annexation procedures.
. New development or expansion of development in the UC zoning district. e
The fee and/or dedication amounts for open space impact fees are: Four
percent of the area of the land to be developed for vacant property or two
percent of the area of the land to be developed for previously-developed
property. Alternately, money equal to the value of this land area. Acceptance
of the land dedication or fee is at the exclusive option of the City based on its
evaluation of the following:
. Suitability of land for open space usage.
. Amount of land to be dedicated.
. Location of other open space resources in the area.
. Planned open space needs documented in the comprehensive plan.
. Ability to maintain open space lands in a cost effective manner.
How and when to pay these impact fees.
Land dedication option - The transfer of land to meet these requirements must
be in fee simple, permanent recreation easement, or other equivalent
conveyance which would have the effect of providing the benefits of
recreation land in perpetuity to the residents and visitors of the City as
determined acceptable by the City Attorney.
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Fee payment option - By certified check, cashier's check or other form
acceptable to the City Attorney.
Dedication or fee payment must occur according the following schedule:
. Subdivision plat: Prior to City approval and signature of the final plat.
. Other situations: Prior to issuance of any building permit for any portion of the
development.
TRANSPORTATION IMPACT FEES
The City of Clearwater serves as a centralized collection point for Pinellas
County transportation impact fees for projects being constructed in the City
limits. We collect these fees in accordance with the fee schedule established
by Pinellas County. The fees are shared between the City and County for
specified road construction and improvement projects, right-of-way purchase
and other transportation-related projects.
These fees are payable at the time a project receives its certificate of
occupancy.
DEVELOPMENT IMPACT FEES
Development impact fees are charged to cover a variety of development-
related public costs. These funds are exclusively used for the construction of
roads, public transit facilities and storm drainage facilities, including construction
costs, right-of-way acquisition, sidewalks, curbs, drainage structures and signal
installations.
The following table lists the development impact fees. These fees apply to all
new construction and to expansions or changes in property usage for existing
development that create the particular impacts identified in the table below.
These fees are payable prior to issuance of any building permit for any portion
of the development.
DEVELOPMENT IMPACT FEES
Residential uses, er unit
Commercial structures, per 2,500 sq. ft. of gross floor area
or fraction thereof
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Industrial uses, per 5,000 sq. ft. of gross floor area 250.00
or fraction thereof
Hotel/Motel uses, per unit 250.00
(NOTE: Commercial uses within hotel/motel uses must meet
the commercial use fee abovel
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WATER AND SEWER IMPACT FEES
The City collects water and sewer impact fees to support the construction of
water and sewer transmission and treatment facilities. These fees have helped
pay for a number of improvements to the City transmission and treatment
facilities in recent years.
The following table lists the water and sewer impact fees. These fees apply to
all new construction and to expansions or changes in property usage occurring
after April 1, 1990 that increase the water and/or sewer demand for existing
development. These fees are payable prior to issuance of any building permit
for any portion of the development.
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Less than 1" 480.00 900.00
1 .0" 1 ,200.00 2,250.00
1 .5" 2,400.00 4,500.00
2" 3,840.00 7,200.00
3 Com ound 7,200.00 13,500.00
4 Com ound 12,000.00 22,500.00
6 Com ound 24,000.00 45,000.00
3 Turbo 8,400.00 15,750.00
4 Turbo 24,000.00 45,000.00
6 Turbo 48,000.00 90,000.00
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UNITY OF TITLE
Unity of title is a development technique that allows two or more lots or parcels
of land to be joined together to meet minimum lot area or dimensional
requirements without having to plat or replat the property. Unity of title is also
used to ensure that a development is planned, developed and maintained as
an integral project.
Unity of title declarations are required to be filed in the public records of the
County. The filing of a copy of the recorded unity of title declaration is
necessary prior to final approval of any development request involving a unity
of title.
Lots or parcels joined under a unity of title declaration must be adjacent or
separated by a public right-of-way no greater than 100 feet in width.
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Properties joined by a unity of title declaration that lie in different land use plan
classifications or zoning districts cannot have land uses or land development
intensities (density or floor area ratio) increased above that allowed in
applicable plan category or zoning district without further procedures being
followed. These procedures may include land use plan or Zoning Atlas
amendments, or transfers of development rights.
Unity of title declarations must unequivocally state that the entire property
created by the unity of title is regarded as an indivisible building site and is
considered as one parcel of land. The parties to the declaration must agree
that a unity of title constitutes a covenant which runs with the land and is
binding upon -the parties, their heirs, their successors and assigns, and all parties
claiming under them until the declaration is released, in writing, by a properly
authorized representative of the City. For the purpose of this section, the sale,
assignment, transfer, conveyance or devise of a condominium parcel created
by a recorded declaration of condominium subjecting the property to the
condominium form of ownership is not a breach in the declaration of unity of
title, so long as the entire property continues to be regarded as unified as a
single building site.
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The City Manager or a designated representative of the City Manager is
authorized to release a unity of title declaration, wholly or partially, when the
declaration is no longer necessary due to the discontinuance or abandonment
of the proposed project or changes in the reasons for which the unity of title was
established in the first place. Releases can also be made when necessary to
correct errors.
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SPECIAL REQUIREMENTS e
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SIDEWALK CAFES AND SIDEWALK VENDORS
Sidewalk cafes and sidewalk vendors contribute atmosphere and interest to the
City's pedestrian environment. Careful placement of these uses is necessary to
keep sidewalks open for pedestrians and to make sure other public safety and
sidewalk use issues are addressed.
SIDEWALK CAFES
INCENTIVES. To encourage sidewalk cafes, we offer the following parking and
sign bonuses:
. Signs. Signs on umbrellas covering individual tables seating eight or fewer
persons identifying the restaurant or goods or services offered at the
restaurant are exempt from the sign code requirements. Sidewalk cafes may
be identified with canopy signs so long as the canopy signs are calculated
as part of the total allowable attached signage for the associated
restaurant.
. Parking. Sidewalk cafes are exempt from the parking requirements of this
development code if they constitute 25% or less of the total parking required
for the associated restaurant plus the cafe. However, transportation impact
fees, if required, must be paid for the cafe, including any exempted portion.
TOOLS AND TECHNIQUES.
Sidewalk cafes may be located immediately adjoining a restaurant in the
following areas:
. On public sidewalks in areas designated by City Commission resolution.
. In street setback areas or otherwise generally adjacent to, but not on, public
sidewalks on Clearwater Beach in the CB, CR-24, CR-28, P/SP, and OS/R
districts, and in the CNG, CC and UC districts.
. In pedestrian areas of shopping centers in the above districts and in CG and
CH districts.
All sidewalk cafes must meet the following design standards:
. Sidewalk cafes cannot be located in any existing or proposed parking area,
driveway, required open space, required landscaped area, or vehicular
access area, or in any area which interferes with safe access to the property
or public rights-of-way, including sight distance areas at street and driveway
intersections. If located on a sidewalk or pedestrian area, the cafe cannot
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block pedestrian access, and a minimum of five feet of sidewalk or
pedestrian area width must remain unobstructed and available for
pedestrians. Cafes cannot be located closer than six feet from any bus stop,
fire hydrant, entrance to a building (other than the building containing the
associated restaurant), or pedestrian crosswalk.
. Sidewalk cafes, when located on or immediately adjacent to public or
private sidewalks, must be enclosed by a fence, wall, or other sturdy barrier
of between 30 and 42 inches in height. This applies regardless of any other
code requirement concerning fence or wall height.
. Sidewalk cafes, when located directly on sidewalks, must consist of movable
tables, chairs, umbrellas, awnings, canopies, or seating. Umbrellas, awnings,
canopies and similar structures must be designed and installed to not
interfere with pedestrian traffic and to meet the wind resistance requirements
of this development code.
. Sidewalk cafes must be accessory to a restaurant use. Consequently, there
must be sufficient restroom capacity to meet the needs of both the
restaurant and the cafe.
. Sidewalk cafes cannot be operated later than the operating hours of the
associated restaurant, or between the hours of 2:00 a.m. and 6:00 a.m.
. Sidewalk cafes must be located on paved, tiled, brick or other hard surfaces,
and be maintained in a litter-free and sanitary condition.
. Sidewalk cafes located on public property must have prior approval from
the applicable governmental entity.
. Sidewalk cafes must comply with the design guidelines in effect for the
zoning district in which they are located.
SIDEWALK VENDORS
INCENTIVES. To encourage sidewalk vendors, we offer the following parking
and sign bonuses:
Signs. A sidewalk vendor may have a sandwich board sign or a sign or signs
attached to the vendor stand, its canopy or to an umbrella as long as total
area of the sign(s) does not exceed eight square feet.
Parking. Sidewalk vendors are exempt from the parking requirements of this
code, but this exemption does not apply to any required transportation impact
fee.
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TOOLS AND TECHNIQUES.
Sidewalk vendors may only operate in public park areas or areas immediately
adjacent to public parks in the UC district.
All sidewalk vendors must meet the following design standards:
. Sidewalk vendors cannot locate in any existing or proposed parking area,
driveway, required open space, required landscaped area, or vehicular
access area, or in any area which interferes with safe access to the property
or public rights-of-way, including sight distance areas at street and driveway
intersections. If located on a sidewalk or pedestrian area, the vendor cannot
block pedestrian access, and a minimum of five feet of sidewalk or
pedestrian area width must remain unobstructed and available for
pedestrians. Vendors cannot be located closer than six feet from any bus
stop, fire hydrant, entrance to a building (other than the building containing
the associated restaurant), or pedestrian crosswalk.
. Sidewalk vendors cannot locate next to the display windows of a building.
. Sidewalk vendors cannot operate between the hours of 10:00 p.m. and 6:00
a.m.
. Vendor stands cannot be wider than four feet, longer than ten feet, or
higher than eight feet.
. Sidewalk vendors must be located on paved, tiled, brick or other hard
surfaces, and be maintained in a litter-free and sanitary condition. All
sidewalk vendors selling food items must maintain a litter receptacle for the
use of patrons.
. No sidewalk vendor can serve or sell alcoholic beverages.
. Sidewalk vendors located on public property must have prior approval from
the applicable governmental entity.
. Sidewalk vendors must comply with the design guidelines in effect for the
zoning district in which they are located.
APPROVAL PROCESS
The owner or operator of a proposed outdoor cafe or sidewalk vendor
operation must furnish the following to the Development Code Administrator:
. An application for an occupational license, including a letter of intent
outlining, as applicable, the location and duration of use, proposed
merchandise or services offered for sale, proposed staffing and attire of any
person involved in the operation (bathing suits and similar attire are not be
allowed), number of seats, proof of county health department or Florida
Department of Business and professional Regulation approval (as
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applicable), and the name and address of owner and operator. The letter
must also include a commitment to comply with the above requirements
and with the indemnification and insurance requirements on the application.
. A sketch, plan or layout drawn to scale showing the location or placement
of the sidewalk cafe or sidewalk vendor operation in relationship to adjacent
streets, parking, existing or proposed structures, vehicular and pedestrian
traffic movement or flow pattern, fire hydrants, bus stops, and entrances and
exits to and from the site and adjoining properties.
. Applicable fees.
. For sidewalk cafes or sidewalk vendors located on public property, an
executed license agreement.
. Where a canopy, umbrella, awning or similar structure is to be used, the
following requirements or documentation must be met:
. The maximum number of occupants allowed under the canopy,
umbrella, awning or similar structure must be limited in accordance
with the requirements of the fire marshal.
. In conjunction with an occupancy limit, a seating plan must also be
submitted for review and approval by the fire marshal.
. A certificate of flame resistance must be submitted to provide
assurance that the structure has been properly treated with flame
retardant and has been maintained as such.
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SMALL SCALE OUTDOOR DISPLAYS
Indoor retail sales and other similar commercial uses sometimes require small
scale outdoor displays in order to effectively market merchandise. This section
provides for such displays in a manner that both allows such merchandising and
respects the aesthetic goals of the City.
The following requirements are established:
. Maximum display area: One square foot of display area per linear foot of
building frontage, up to a maximum area of 200 sq. ft.
. Location. Small scale outdoor displays cannot be located in any of the
following locations:
. Within any part of a public right-of-way.
. Within any parking space or travel aisle.
. Within any required open space or landscape area.
. In any location that impairs motor vehicle operators' view of motor
vehicles, bicycles or pedestrians.
. In any location that unreasonably obstructs the flow of pedestrian or
vehicular traffic (as determined by the Traffic Engineer). In particular, a
minimum clear area of 5 ft. of sidewalk width must be provided for
small scale outdoor displays located on private sidewalks.
. All displays must be portable.
. No signs are permitted in conjunction with the display, unless specifically
allowed by the sign code. The small scale outdoor display area must not be
primarily intended to attract attention to the principal use as a substitute for
signage.
Vending machines and newsracks are not regarded as small scale outdoor
displays. These uses are governed by Section 28.10 of the City Code.
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DUMPSTERS
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Inappropriate placement of dumpsters and recycling receptacles can
negatively affect both site design and appearance.
INCENTIVES.
The City of Clearwater offers outstanding solid waste and recycling services.
We also offer technical advice on locating dumpsters and recycling
receptacles for both new development and retrofitting existing sites through the
Central Permitting, Engineering or Solid Waste Departments.
TOOLS AND TECHNIQUES.
The following standards address site design and appearance concerns and
apply to all uses served by dumpsters or recycling receptacles other than 90
gallon roll-out carts.
All new developments must meet these requirements; existing developments
are required to be retrofitted to meet these requirements to the extent they can
be reasonably imposed by January 1, 1999.
. Dumpsters and recycling receptacles and enclosures cannot be located e
within any required street setbacks or within five feet of any property line.
. Dumpsters and recycling receptacles and enclosures must be located in
such a manner as to be conveniently accessible to City disposal collection
equipment.
. Dumpsters and recycling receptacles must have enclosures that screen the
container. If the front of the enclosure cannot be seen from off-site
locations, no gate is required; otherwise a gate must be installed to the
specifications of the solid waster director. The enclosure must be constructed
with materials similar to the exterior architectural treatment of the buildings
on the property. Concrete block, brick, wood, stucco, and similar materials
are considered acceptable. Dumpsters and recycling receptacles enclosure
walls may exceed wall height requirements if located in required structural
setback areas.
. Additional dumpster and recycling receptacle standards and technical
assistance are available through the Central Permitting, Engineering or Solid
Waste Departments.
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SITE LIGHTING
Site lighting provides safety benefits and allows nighttime exposure for
businesses. However, light "trespass" onto adjoining properties and street rights-
of-way can create glare conditions that create safety problems and violate the
privacy of adjoining property owners.
INCENTIVES. Limited technical assistance in avoiding light trespass is available
through the Central Permitting Department. In addition, the following
additional incentives are offered.
. Glare, or light trespass, cannot be completely eliminated, nor can it be
directly attributable to a particular light source in an urban environment such
as Clearwater's. Consequently, our requirements provide for a range of
measurement that reflects a reasonable determination of what constitutes
an unacceptable amount of light trespass.
. These requirements include some technical design information that will
simplify the placement of light sources for many users.
. Permitting requirements for light trespass are minimized.
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TOOLS AND TECHNIQUES. These requirements apply to all new development
and to all changes of use, including properties being newly converted, wholly
or partially, to performance or conditional uses.
Definitions
. Light trespass means the focus of light from an outdoor lighting fixture that
extends beyond the boundaries of the property in which the outdoor lighting
fixture is located.
. Shared secun"ty lighting means outdoor lighting fixtures constructed or
installed to provide security lighting for more than one property upon mutual
consent of the affected property owners.
Requirements
Light trespass is to be discouraged, particularly when residential properties are
affected. Outdoor lighting fixtures must be shielded to prevent light trespass.
This shielding is intended to result in a measured illumination level that does not
exceed the following:
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. An average of 0.5 foot-candle in the area beyond 20 feet of an adjoining
residential property line.
. An average of 1.5 foot-candles in the area beyond 20 feet of an adjoining
nonresidential property line.
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New lighting systems may result in higher average readings since the system has
not had a chance to naturally "degrade" as the bulb filaments "break in."
Consequently, for lighting systems installed six months or less before an
inspection under the above standards, a weighting factor of 80% will be
applied to see if the lighting system meets these standards.
Since the majority of light trespass can be traced to flood lights, rather than
"roadway" or "hatbox" lighting styles, the following requirement is established
for flood lights in particular: The distance of a flood light's aiming point as
measured directly below the outdoor lighting fixture, must not be greater than
two times its mounting height. This requirement will minimize the potential for an
amount of light trespass that exceeds our standards.
FIGURE - FLOOD LIGHT REQUIREMENTS
FIGURE - SUGGESTED LIGHTING LAYOUT
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Meetinq These Requirements
In meeting the requirements of this ordinance, a property owner or contractor
can simply sign an affidavit form stating that the lighting installation will meet the
requirements of this ordinance. Alternately, photometric diagrams or plans can
be submitted that indicate the lighting requirements will be met.
Exemptions
. Incandescent lighting of 160W or less.
. Any light source of 50W or less.
. Neon, Argon or Krypton lighting.
. Shared security lighting.
. Lighting installed by or for a government agency for public purposes,
including streetlighting, lighting for public recreation grounds and parks, and
emergency lighting.
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Emerqencv situations
In emergency situations where the Development Code Administrator
determines that an immediate hazard to public safety exists due to site lighting
glare onto roadways, the property owner must redirect or extinguish the site
lighting on demand of any City staff member authorized to enforce this section.
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SPECIAL ENVIRONMENTAL REQUIREMENTS
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The City has established the following special environmental requirements to
provide environmental protection necessary to complement state and federal
requirements and protect local ecosystems.
Veqetative Buffer
Wetlands are vulnerable to problems caused by untreated stormwater runoff
and degradation of the transition area between wetlands and uplands.
Consequently, we require the retention, maintenance and enhancement,
where necessary, of a 25 foot wide area immediately adjoining:
. any property designated "P" on the City's Zoning Atlas;
. any jurisdictional wetland; or
. any lands within 15 feet of the "top of bank" of any creek, channel or
related waterway that contains jurisdictional wetlands. {"Top of bank"
means the point on the slope where the side slope becomes flatter than one
foot vertical to four feet horizontal (a 4:1 slope).}
We call this protected area the vegetative buffer. It must be shown on
development plans and plats as a "preservation lands protection buffer."
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Within the vegetative buffer, any native vegetation must be protected,
maintained and enhanced, as necessary, so the buffer either retains the
character of the immediately adjoining jurisdictional wetland or effectively
serves the transition function between wetland and upland. This native
vegetation cannot be removed or altered without approval of a plan showing
that the proposed removal or alteration of vegetation will not adversely affect
the hydrological and ecological integrity of the adjoining wetland by the
Division of Environmental Management. If approved, the plan and its terms
and conditions is binding.
Within the vegetative buffer, all prohibited trees listed in Section _, Tree
Protection, must be removed and prevented from re-emergence.
Within the vegetative buffer, no structure or impervious surface can be
constructed with the following exceptions:
. Structures or impervious surfaces constructed or existing prior to October 4,
1990.
. Repairs to these structures or impervious surfaces.
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. Existing seawalls or other structures creating an abrupt transition between
wetlands and uplands.
. Docks, marinas, marina facilities, piers, walkways and other similar marine
improvements as may exist or be permitted.
Incentive: Because some flexibility is needed to fairly apply this requirement,
upon approval of the Division of Environmental Management, the required
vegetative buffer width may be reduced by not more than one-third, so long as
additional buffer width is provided in another area that will result in an equal or
greater cumulative square footage of buffer area.
Wildlife Relocation
Clearwater is located in Florida's most urbanized county. When large vacant
tracts of land are developed in Clearwater, the wildlife that lives on this land
often has nowhere to go. Consequently, when five acre or larger tracts of
vacant or largely-vacant land are proposed for development, building permits
will not be issued until a professional wildlife relocation specialist approved by
the City has cleared the site of wildlife unable to relocate on its own. The
wildlife relocation specialist must be retained and paid for by the site developer:
in exceptional cases involving significant expense relative to the extent of site
development, the City Engineer may authorize the expenditure of tree
replacement fees collected as part of site development to cover the cost of
wildlife relocation from the site.
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AIRPARK REQUIREMENTS
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Clearwater Executive Airpark provides important aviation opportunities for the
residents of Clearwater and Pinellas County. Airparks create unique land
development impacts on surrounding properties due to the technical
requirements involved in aircraft takeoffs and landings and the inherent public
safety concerns involved with aircraft operation.
City, State and Federal regulations establish height and population density or
concentration limits that may overrule the requirements of the underlying zoning
districts or other development allowances of this code. These regulations are
necessary if the airpark is to function safely and effectively and remain eligible
for grant funding for needed improvements.
The following figure illustrates various airpark "zones" that are used to describe
areas of special concern involving aircraft operation near the airpark. The
special development and use requirements for these zones are established
below.
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HEIGHT LIMITS
Buildings, structures, vegetation, or land uses located on property within an
airpark height zone as shown on the above figure must meet the following
maximum height limits:
Within the primary zone. Except for landing and takeoff aids, buildings,
structures, vegetation, or land uses cannot project above an horizontal
imaginary plane extending from an elevation equal to the elevation of the
nearest point on the runway centerline.
. Within the horizontal zone. Buildings, structures, vegetation, or land uses
cannot project above an imaginary plane located at an elevation of 150
feet over the airpark elevation.
. Within the conical zone. Buildings, structures, vegetation, or land uses
located on the inner boundary of the conical zone cannot project above an
imaginary plane located at an elevation of 150 feet over the airpark
elevation. In addition, buildings, structures, vegetation, or land uses located
outward from the inner boundary of the conical zone cannot project above e
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an imaginary plane which rises one foot vertically for every 20 feet
horizontally that such buildings, structures, vegetation, or land uses are
located from this inner boundary, with the horizontal distance measured
perpendicular to the closest point on the inner boundary and the height
increase being cumulative to that allowed on the inner boundary.
. Within the approach zone. Buildings, structures, vegetation, or land uses
located on the inner, or nearest the runway, boundary line of an approach
zone cannot project above an imaginary plane which is at an equal
elevation as the nearest point on the runway centerline. Buildings, structures,
vegetation, or land uses located outward from the inner boundary line of the
approach zone cannot project above an imaginary plane which rises one
foot vertically for every 20 feet horizontally that these buildings, structures,
vegetation, or land uses are located from such line, with the horizontal
distance measured perpendicular to the inner boundary line or inner
boundary line extended and the height increase being cumulative to that
allowed at the inner boundary line.
. Within the transitional zone. Buildings, structures, vegetation, or land uses
located on the common boundary line of a transitional zone and either the
primary zone or an approach zone cannot have a height in excess of that
specified for the particular location within the respective zone which shares
the line. Moving outward from such common boundary line away from the
runway, buildings, structures, vegetation, or land uses cannot project above
an imaginary plane which rises one foot vertically for every seven feet
horizontally that such buildings, structures, vegetation and land uses are
located from the common boundary line, with the horizontal distance
measured perpendicular to the runway centerline or extended runway
centerline, and the height increase being cumulative to that allowed at the
point at which the perpendicular projection to the runway intersects with the
common boundary line.
. Finally, any buildings, structures, vegetation, or land uses not within a
designated airpark height zone are not permitted to have a height which
creates any increase in the minimum obstruction clearance altitude, the
minimum descent altitude, the minimum vectoring altitude or the decision
height to be raised for any aircraft.
POPULATION DENSITY/CONCENTRATION LIMITS
Regardless of any other provision contained in this development code, within
the accident potential hazard area of the airpark there cannot be any new or
expanded high density residential use, high density hotel or motel use, school,
hospital, church or other use which concentrates or congregates large numbers
of people.
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MISCELLANEOUS REQUIREMENTS e
No use may be made of land or water in a manner that interferes with the
operation of an airborne aircraft or increases the potential for major
catastrophe if an aircraft crashes. Specifically:
. There cannot be any storage of explosive or hazardous material or other use
that creates the potential for a major catastrophe in the event of an aircraft
crash.
. No use of lights or illumination can be so arranged or operated in a manner
that is misleading or dangerous to aircraft.
. No use is allowed to produce smoke, glare or other visual hazard to aircraft
within three statute miles of the airpark.
. No use is allowed to produce electronic interference with navigational
signals or radio communication between the airpark and aircraft.
. All structures with a height of 200 feet or more must be equipped with
warning lights in accordance with Federal Aviation Administration Advisory
Circular 70/7460- 1, as amended.
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SPECIAL SETBACKS
Special setbacks are established in this development code to recognize specific
building and site design circumstances, future road construction projects, and
regulatory boundaries like the Coastal Construction Control Line (CCCL).
INCENTIVES
. Setbacks are established on a case-by-case basis for irregularly-shaped lots
or double-frontage lots with access limitations.
. Setback averaging is allowed in single family residential and some multifamily
residential districts to maintain the uniform appearance of a blockface.
. Certain types of canopies and building projections are provided setback
"bonuses."
TOOLS AND TECHNIQUES
Setback exemptions:
. Except for swimming pools, structures less than one foot in height are exempt
from setback requirements.
. Light poles and fixtures, mailboxes, small decorative statues and similar
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Setbacks determined by the Development Code Administrator:
. Irregularly-shaped lot setbacks are determined based on reasonable
application of the setback requirements of the applicable zoning district(s).
. Double-frontage lots with plat or deed restrictions that prohibit access to one
the streets may have swimming pools and other accessory structures erected
in the access-prohibited frontage as though it were the rear yard of an
interior lot, so long as a fence, wall or landscape buffer is installed to the
requirements of the Development Code Administrator to address
appearance issues created by the location of the structures.
Setback averaging:
. In single family residential and RM-8, RM-l 0 and RM-12 zoning districts where
50% or more of the lots in the blockface are developed with principal
structures that do not meet the minimum street setbacks, the average street
setback in the blockface is considered to be the minimum street setback for
new principal structures or additions to existing principal structures, provided
driveway access to the site is designed to not interfere with pedestrian or
vehicular access on the adjoining street or sidewalk.
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Setback "bonuses":
· No side or rear setbacks are required for unenclosed air conditioning,
heating, pool and similar mechanical equipment if through access is
maintained. This includes structural components needed to elevate the
equipment above established flood zone elevations.
· Building fascias, attached canopies, awnings marquees, eaves and similar
building projections may project into required setbacks up to 10 feet or 40%
of the required setback, whichever is less.
· In zoning districts that do not require a structural setback from the street,
building fascias, attached canopies, awnings marquees, eaves and similar
building projections with a minimum clearance over grade of nine feet may
extend over street rights-of-way up to 10 feet or not beyond the street
curbline or shoulder, whichever is less, so long as the projections do not
interfere with existing or planned street trees or other right-of-way plantings.
· Unenclosed fire escapes and stairways may extend into a required setback
up to three feet, if through access is maintained.
· Freestanding canopies may extend to within 10 feet of any property line if
the supporting posts or columns of the canopy meet the minimum setback
requirements for principal structures.
Special setback restrictions:
· Setback requirements from private streets and private street easements are
the same as from public street rights-of-way.
· No structure or building can be erected seaward of the CCCL other than
seawalls or dune crossover structures permitted by the applicable state or
federal agencies having control over these areas. If, however, the CCCL is
comprehensively adjusted or relocated by the state, the City reserves the
right to amend these requirements.
· Freestanding antennas must be setback at least 50% of their height from all
property lines.
. Satellite dish antennas (other than <40" dish antennas and standard non-
freestanding receiver type antennas) must meet the minimum setback of the
applicable zoning district; in addition, these antennas must be setback at
least 20 feet from any street right-of-way.
· Structures must be setback at least 175 feet from the centerline of US 19; the
more restrictive of the zoning district setback or this setback will apply.
· Telecommunications towers have special setback requirements established
in Section _
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FENCES AND WALLS
Fences and walls are necessary to provide privacy, establish and protect
property boundaries, ensure safety, and add to the aesthetic value of property.
These regulations recognize these valid purposes for fences and walls and
establish standards to ensure that these structures are compatible with the
design and appearance goals of the City and with surrounding properties.
INCENTIVES
We offer the following incentives for the installation of fences and walls:
. Fences and most walls do not require a building permit. However, the
following zoning requirements must be met and zoning approval must be
obtained from the Central Permitting Department prior to constructing a
fence or wall.
. The installation of fences and walls is promoted when they are erected as
part of a perimeter landscaping requirement (See Section ).
. Minor variances are available for most circumstances involving fences and
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TOOLS AND TECHNIQUES
The following diagrams establish the requirements for fences and walls in the
City of Clearwater:
SPECIAL REQUIREMENTS:
. Fences and walls taller than 30 inches and located within the structural
setback requirement for the applicable zoning district must have
landscaping installed on the right-of-way side of the fence or wall as follows:
. Sufficient landscaping, consisting of shrubs and/or vines, to completely
screen at least 50% of the fence or wall at time of maturity, must be
planted on the right-of-way side of the fence.
. A landscape plan for these plant materials must be provided at the
time the fence receives zoning approval.
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. Fences and walls taller than 30 inches and located on corner lots within 15
feet of street rights-of-way require approval of the Traffic Engineer to ensure e
that cross visibility is achieved for vehicular and pedestrian traffic.
. In most cases, wire fences must be designed to protect passersby. In
particular:
. Chain link fences must have the prongs on the top of the fence turned
down.
. In cases where barbed wire is installed on top of a chain link fence to
restrict entry into a hazardous location or to protect outdoor storage of
materials or equipment from vandalism and theft, the barbed wire
must be oriented toward the interior of the property. Barbed wire can
only be installed fences at least six feet in height.
. Wire fences installed in front setback areas must be made of chain link
materials.
MAINTENANCE:
. Fences and walls must be properly maintained in a structurally sound and
aesthetically attractive manner. Specifically:
. A fence or wall must be maintained in a vertical position (not more
than 10% from vertical) unless the original fence or wall design was
intended to maintain a greater angle. It
. Support posts or footers must be solidly attached to the ground and all
fence stringers and faces must be securely fastened.
. All fence or wall surfaces must be painted, stained, treated or
otherwise maintained to present a uniform appearance; maintenance
can occur in which a deteriorated section is replaced with new
material that will "age" or "weather" to simulate the appearance of
the original fence or wall.
. Individual properties located within areas subject to site plan or subdivision
plat approval that installed a uniform fence or wall as part of the overall
property development cannot install additional or substitute fences or walls
which are not in keeping with the uniform appearance established in the
original plan.
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HEIGHT BONUSES
The following height bonuses are established to allow certain structures or
equipment to extend above rooflines or the specified maximum height limits in
the various zoning districts. These bonuses are intended to provide necessary
flexibility for both architectural diversity and practical building design.
. For structures required to be elevated to meet flood zone requirements, the
structures' height is measured as though the required finished floor elevation
is existing grade. (NOTE: This bonus cannot be combined with the following
bonus).
. A 12 foot height bonus is available for the following districts if 50% or more of
the area underneath the building is used for required parking: all
nonresidential districts and the RM-16, RM-20, RM-24, and RM-28 districts.
. A 12 foot height bonus is available for the following districts if at least 25% of
the required parking is provided on the upper floors of the building, and if
the building has both its orientation and pedestrian access at ground level:
all nonresidential districts and the RM-16, RM-20, RM-24, and RM-28 districts.
. Roof mounted flagpoles and antennas (except satellite dish antennas and
other parabolic and geometric-shaped antennas) may extend 20 feet
above the building on which they are mounted (see Section _,
Telecommunications towers and antennas).
. Elevators and similar equipment rooms may extend 16 feet above the
building which they serve.
. Parapet walls may extend 30 inches above the maximum height of the
applicable zoning district.
. In residential districts, cupolas or other similar roofed structures covering 200
square feet or less may extend 10 feet above the maximum height of the
applicable zoning district.
. Telecommunications towers have height bonuses established in Section_.
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OUTPARCELS
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Outparcels are smaller developments within a larger development. They are
usually located along the perimeter of the larger development to take
advantage of both the customer drawing power of the larger development
and exposure from the roadway.
Outparcel development has a number of potential advantages:
. It promotes infill development.
. It allows redevelopment of older sites.
. It allows unneeded parking areas to be converted into a variety of
commercial opportunities.
. It allows more efficient use of existing public infrastructure.
However, outparcel development can create some site design problems:
. The principal development may be hidden by the outparcel development,
reducing viability of the site for commercial uses.
. Site access and service conflicts may be created.
. Outparcel development may have "bad" sides (service areas, dumpsters, e
HV AC units, etc.) exposed either internally or externally.
To address these issues, Clearwater allows outparcel development if certain
design requirements are met. If these design requirements are met, outparcel
development can occur, even if the outparcels do not meet the minimum lot
size requirements of the applicable zoning district. These requirements can be
found in the design guidelines section (Section _).
It should be noted, however, that outparcel development must conform to the
density and/or intensity limits of the underlying zoning and Land Use Plan
classifications, including open space requirements.
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SIDEWALKS
Good pedestrian access is an important City goal and sidewalks help us
accomplish it. In addition to sidewalks constructed as part of new subdivisions
or in City sidewalk construction projects, a significant amount of new City
sidewalks comes from development of existing lots or redevelopment of older
sites.
This is because all new developments and major redevelopment projects are
required to construct sidewalks when they abut a public right-of-way where
sidewalks do not exist.
INCENTIVES
. In certain circumstances where construction of a sidewalk is not practical,
the property owner or developer has the option of paying a fee in lieu of
constructing the sidewalk.
. Site conditions may warrant placing the sidewalk in an easement rather than
in the right-of-way.
. Sidewalks are not required for minor remodeling or redevelopment.
e TOOLS AND TECHNIQUES
As part of the building permit application package, anyone constructing on
vacant land or redeveloping or remodeling an existing developed site or
building where the construction value exceeds 50% of the value of the existing
structure must provide for the construction of a sidewalk in an easement or
within the abutting public right-of-way. The sidewalk must be located and
constructed to the specifications pf the City Engineer.
Prior to issuance of a certificate of occupancy for the construction project, the
property owner or developer must complete the sidewalk as designed and
approved.
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Exceptions. Where it is not practical to construct the sidewalk due to the
following conditions, the property owner or developer has the option of paying
a fee in lieu of constructing the sidewalk:
. topographical conditions, location of existing ditches, trees or significant
vegetation, or other similar conditions
- or-
. the sidewalk, if constructed, would be the only sidewalk within 200 feet of the
property and not be part of a route leading to a school or park
- and -
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. no pedestrian safety hazard due to vehicular traffic would be created if the ,.
sidewalk is not constructed. ·
The fee will be based upon the current contract price for the City's sidewalk
construction program plus 10% for handling and record-keeping.
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SPECIAL PROHIBITIONS IN RESIDENTIAL AREAS AND PUBLIC
RIGHTS-OF-WA Y
To protect the integrity of residential neighborhoods from the effects of
undesirable uses and to protect the physical function and public nature of
rights-of-way, the following uses are prohibited. These prohibitions are not
regarded as variable and cannot be otherwise appealed to the Development
Review Board.
In Residentially-Zoned Areas:
The following uses and activities are prohibited in residentially-zoned areas.
However, outdoor storage of items designed for residential outdoor use, such as
barbecue grills, lawn furniture, outdoor play equipment, lawn tools (like
lawnmowers), and firewood (stored in open racks at least 12 inches above the
ground) is not intended to be restricted by this section.
. Outdoor storage (as a principal use as defined in this code).
. Outdoor storage of equipment, materials or furnishings not designed for
outdoor residential use, such as auto parts and tires, building materials,
appliances and furniture.
. Outdoor storage of construction materials not related to an active building
permit.
. Vehicle repair unless minor in nature or occurring entirely in a completely
enclosed building. Allowable repairs are limited to vehicles owned by
someone living at the residence where the repair is taking place. No repairs
for profit or business purposes are allowed.
. Parking or storage of garbage trucks, pump-out trucks, chemical
trucks, gasoline or fuel oil trucks, and similar vehicles used to
transport waste, noxious substances or hazardous materials for larger
than six consecutive hours in any 24 hour period.
. Parking or storing the following vehicles in the street setback area of
residentially-zoned property:
. Boats> 20' in length
. Hauling trailers, except those carrying boats S; 20' in length
. Recreational vehicles> 20' in length
. Semi-trailer trucks, trailers or cabs
. Commercial vehicles> 20' in length, > 7' in height or> 7' in
width
. Satellite dish antennas larger than 12 feet in diameter or roof-
mounted satellite dish antennas larger than 39 inches in diameter.
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On Public Riqhts-Of-Wov:
The following uses and activities are prohibited on public rights-of-way,
unless permitted by the City Engineer:
. The erection, placement or location of any structure, except
sandwich board signs meeting the requirements of the sign code.
. The display or storage of materials, vehicles, merchandise or similar
objects.
. The storage of dumpsters, recycling containers, or other trash
receptacles.
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SITE ACCESS
Site access and driveway location is one of the most important aspects of site
design. Good site access is necessary to both:
. Ensure the proper functioning and economic success of the property under
development.
. Resolve potential negative effects on surrounding uses and street function.
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INCENTIVES
The City of Clearwater offers a number of incentives to assist in good site access
design:
. We have a highly trained technical staff that is available to discuss driveway
and access design issues, as well as technical standards available for review
and use in our City Engineer's office.
. We commit to accepting access decisions by outside agencies on roadways
not owned by the City unless there is a clear public safety concern identified
by the City in reviewing those decisions. (In other words, if you get State or
County driveway permits and signoffs, we will accept those decisions except
in rare cases.)
. This section provides substantial guidance on the Clearwater perspective on
and requirements for good site access and driveway design.
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TOOLS AND TECHNIQUES
Driveway and site access design involves reaching an appropriate balance
between the need for good access to a site and the impacts of that access on
surrounding properties and roadways. To achieve this balance, the City has the
following analysis submittal requirements when developments requiring a
certified site plan are located on major collector or higher classified roadways:
. An examination and analysis of auxiliary lane requirements (preferably using
National Council Highway Resource Program Report No. 279 or Institute of
Traffic Engineers Report No. 211 or equivalent report as determined by the
City Engineer).
. Where the roadway has a deficient level of service or where driveway will
handle in excess of 1,200 vehicles per day based upon the Pinellas County
Transportation Impact Fee Study trip generation rate for the proposed use
(the Institute of Traffic Engineers trip generation rate will be used for uses not
listed in the County Study):
. An examination of driveway-related vehicular movements and
accidents.
. An analysis of the abutting roadway(s), including striping, median
openings, and left-turn lanes within 1,320 feet of the proposed access
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if the speed limit is 45 mph or higher and within 660 feet if the speed a
limit is <45 mph. ..
The above information is required to be submitted as part of the certified site
plan application (see Section _J.
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In addition, residential areas can be negatively affected by the location of
driveways serving commerCial and other nonresidential uses. Consequently,
driveway access to a non-residentially-zoned property across or from a
residentially-zoned property cannot occur unless:
. There is no other opportunity for driveway access to the nonresidential
property:
- OR-
. The access is approved as part of a noncommercial parking use.
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In cases where no other driveway access opportunities exist, the Development
Code Administrator and City Engineer will determine the most suitable location
for the driveway, taking into account site-design and safety issues while
attempting to minimize the effect of the driveway on surrounding residentially-
zoned property.
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TELECOMMUNICATIONS TOWERS AND ANTENNAS
This section establishes general standards for the siting of telecommunications
towers and antennas.
GOALS:
. To encourage the use of existing structures as an alternative to new tower
construction.
. To encourage the joint use of new towers, to encourage the design and
construction of towers and antennas which minimize the adverse visual impacts.
. To enhance the ability of providers of telecommunications services to furnish
such services within the City quickly, effectively and efficiently.
It is not the intent of the City to discriminate among providers of functionally
equivalent services, or to prohibit or have the effect of prohibiting the provision of
personal wireless services.
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REQUIREMENTS
Telecommunications towers and antennas installed and maintained in
accordance with this section are exempt from the height limitations for buildings
and structures set forth elsewhere in this code. The requirements set forth in this
section govern the height of towers and antennas. The installation of an antenna
on a building which is nonconforming in terms of current height limitations is not
deemed to constitute the expansion of a nonconforming use. Amateur radio
antennas operated by a federally licensed amateur radio station operator are
exempt from the provisions of this section. Home satellite dish antennas which are
less than 40" _ in diameter and similar receive-only antennas are considered a
residential accessory use and are exempt from the requirements of this section.
Antennas.
Antennas are an accessory use in all zoning districts. Antennas may be installed on
existing structures, such as buildings, light poles, or other freestanding structures,
provided the installation adds no more than 20 feet to the height of the structure
and the antennas and supporting electrical and mechanical equipment are
neutral in color and identical to, or closely compatible with the color of the
supporting structure so as to make the antennas and related equipment as visually
unobtrusive as possible. All antenna installations except as exempted under
Section _, Building Permits require a permit from the City. No lighting is permitted
on antennas, except as required by the Federal Aviation Administration.
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Telecommunications Towers.
. Joint use of existing telecommunications towers or other existing buildings
or structures is required as an alternative to new tower construction
whenever feasible. Therefore, anyone considering new tower
construction must first explore other options. Prior to the issuance of any
building permit for a new tower, a determination must be made that no
existing tower or other structure is available as a reasonable alternative.
An applicant requesting a permit for a new tower must submit evidence
to the City that supports a conclusion that no reasonable use can be
made of any existing tower or structure. The evidence must clearly
establish one or more of the following conditions:
. No existing tower or structure is located within the geographic area
required to meet the applicant's coverage requirements.
. Existing towers or structures are not of sufficient height to meet the
applicant's engineering requirements.
. Existing towers or structures do not have sufficient structural strength to
support the applicant's proposed antenna and related equipment.
. The applicant's proposed antenna would cause electromagnetic
interference with or would be interfered with by other antennas if
placed on any existing tower or structure.
. The fees, costs or contractual provisions required by the owner in order
to share an existing tower or structure for a time period of 25 years
exceed the cost of developing a new tower.
. It is not financially feasible to modify or replace an existing tower to
accommodate the proposed antenna.
. The applicant demonstrates that there are other legitimate limiting
factors that render existing towers and structures unsuitable.
. Joint use of any new telecommunications tower is required whenever
feasible. In order to promote joint use of new towers, prior to the issuance
of a building permit for a new tower, the applicant must demonstrate a
commitment to joint use as follows:
. Solicitation of Additional Users. The applicant requesting the permit
shall submit evidence to the City demonstrating that a genuine
effort has been made to solicit additional users for the proposed
new tower. Evidence of this effort must include, at minimum, copies
of notices sent by registered mail, return receipt requested, to all
other providers of cellular and personal communication services in
Pinellas County, Florida, advising of the intent to construct a new
tower, identifying the location, inviting the joint use and sharing of
costs, and requesting a written response within 30 days.
. Agreement to Allow Future Joint Use. The applicant must sign an
instrument, which will be maintained by the City, agreeing to
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encourage and promote the joint use of telecommunications
towers within the City and, to that extent, committing that there be
no unreasonable act or omission that would have the effect of
excluding, obstructing or delaying the joint use of any tower where
fair and just compensation is offered for such use.
DESIGN STANDARDS
. Height. Single user towers are allowed a maximum height of 120
feet. Towers designed for joint use may be greater in height
provided the additional height is constructed coincident with the
actual use. Furthermore, existing conforming towers may be
increased in height to accommodate additional users according to
the following schedule without a conditional use permit. Towers
designed for two users are allowed a maximum height of 140 feet.
Towers designed for three or more users are allowed a maximum
height of 160 feet.
Setbacks.
. From Residential Uses. Towers must be setback from existing
residential uses a distance equal to the height of the tower. The
distance is measured from the base of the tower to the
residential property line.
. From Historic Districts. Towers must be setback a minimum of 500
feet from any National Register historic district.
. From Other Property Lines. Towers must be setback from other
property lines in accordance with the technical standards of
the zoning district regulations in which the tower is erected, but
not less than 25 feet.
Color and Finish. Towers and supporting structures must be a
neutral, non-glare color or finish, so as to reduce visual
obtrusiveness.
Fencing. Towers must be enclosed by a six foot high security fence.
Landscaping. The perimeter of the tower site must be buffered with
shrubs selected and placed to screen the base of the tower and,
to the extent possible, with trees selected and placed to minimize
the vertical scale of the tower. The landscape design requires
approval by the Development Code Administrator.
Accessory buildings and structures must conform to the technical
standards for the applicable zoning district(s).
Variances. Any variances to the design standards identified above
will be considered by the Development Review Board in concert
with the application for a conditional use permit.
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. Advertising Prohibited. No tower can be used for advertising of any type, _.
and the placement of signs, other than warning signs, is prohibited. .
. Statement of Use and Removal of Abandoned Antennas and Towers. Any
telecommunications provider that owns a tower in the City shall file an
annual statement with the Development Code Administrator by October 1
identifying each tower owned, specifying whether each tower is currently in
use, and naming all users of each tower. Any antenna, including any
supporting tower if applicable, which is not operated for a period of 24
consecutive months shall be considered abandoned and shall be removed.
. Compliance With Other Codes and Safety Standards. Telecommunications
towers and antennas must comply with all regulations and safety standards of
the Federal Aviation Administration, the Federal Communications Commission,
and any other agency with regulatory authority.
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ADULT USES
DIVISION 1. GENERALLY.
Sec. _' Title.
This article, as added to the Clearwater Code of Ordinances by Ordinance
5490-93, and as the same may be amended from time to time, may be known
and cited as the "adult use regulation ordinance."
Sec. . Construction.
The adult use regulation ordinance shall be broadly construed to accomplish its
purpose of regulating adult uses and related activities.
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Sec. _' Purpose.
The purpose and intent of the City Commission in adopting the adult use
regulation ordinance is to establish reasonable and uniform regulations that will
protect the health, safety, and general welfare of the residents of the City. The
provisions hereof, alone or together with other applicable ordinances, are not
intended to have the effect of imposing a limitation or restriction upon the
content of any communicative materials, including adult materials. It is not the
intent of this article to restrict or deny access by adults to adult materials or
expression protected by the First Amendment, or to deny access by distributors
and exhibitors of adult uses to their intended market, nor shall this article be
construed as having such effect. Rather, it is the intent of this article to regulate
the secondary effects of adult use establishments upon the public health,
safety, and general welfare, and to impose only incidental restrictions on First
Amendment freedoms which are no greater than are essential to the
furtherance of such intent.
Sec. _' Legislative findings.
The City Commission finds and declares that:
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(1) The findings set forth in the preamble to this ordinance (Ordinance 5490-93)
are incorporated herein by reference.
(2) The concerns raised in the findings incorporated by reference in subsection
(1) raise substantial governmental concerns.
(3) Adult use establishments have operational characteristics that should be
reasonably regulated in order to protect those substantial governmental
concerns.
(4) Requiring adult use establishments to obtain an adult use license is an
appropriate mechanism to ensure that the adult use establishment is operated
in a manner consistent with the health, safety and welfare of its patrons and
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employees as well as the residents of the City and the public at large. Among
other things, it is appropriate to require reasonable assurances that the e
applicant is the actual owner or operator of the adult use establishment, fully in
possession and control of the premises and the activities occurring therein.
Moreover, because a substantial relationship exists between adult use
establishments and the commission of sexually related crimes on the premises of
those businesses, a substantial justification exists for barring those individuals
convicted of certain sexually related crimes from managing adult use
establishments until a limited disqualification period has transpired in which those
individuals have demonstrated that they are no longer criminally inclined to
commit certain sexually related crimes.
(5) Adult use establishments are a pervasively regulated industry making
reasonable inspections and administrative searches necessary to enforce
regulatory standards.
(6) Removing doors on adult booths and requiring sufficient lighting in adult
theaters advances the substantial governmental interest in curbing the illegal
and unsanitary sexual activity occurring at adult theaters.
(7) The prevention of sexual contact between patrons and employees at adult
use establishments is unrelated to the suppression of free expression, but serves
to address the concerns raised in the findings contained herein.
(8) Separating dancers from patrons and prohibiting dancers and patrons from
engaging in sexual fondling and caressing in special cabarets would reduce the e
opportunity for prostitution and thus should deter prostitution and the spread of
communicable diseases and infestations. Although a dancer's erotic message
may be slightly less effective when viewed from the minimum distance
prescribed herein, the ability to engage in the protected expression is not
significantly impaired.
(9) Requiring that the facilities of adult theaters be constructed of materials that
may be cleaned easily, that the facilities be cleaned on a regular basis, and
that the employees cleaning the facilities take reasonable precautions to avoid
contact with possible disease-transmitting media is reasonably related to the
protection of both employees and patrons from sexually transmitted diseases.
(10) Requiring operators of adult use establishments to keep information
regarding current employees and certain past employees will help reduce the
incidence of certain types of criminal behavior by facilitating the identification
of potential witnesses or suspects and by preventing minors from working in such
establishments.
(11) The disclosure of certain information by those persons ultimately responsible
for the day-to-day operation and maintenance of the adult use establishment is
substantially related to the significant governmental interest of reducing or
eliminating the criminal activity associated with adult use establishments.
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(12) It is desirable in the prevention of the spread of communicable diseases
and in the investigation of criminal activity to obtain a limited amount of
information regarding certain employees who either engage in the conduct
that this ordinance is designed to prevent or are likely to be witnesses to such
activity.
(13) Although the weight of evidence shows that adult bookstores or video
stores selling or renting only adult material and having no adult booth/theater
component have similar secondary effects as other adult uses, such bookstores
or video stores do not promote the transmission of sexual diseases on the
premises. Therefore, an exemption for such limited adult establishments from
some of the requirements, but not the locational requirements of this ordinance,
is appropriate.
Sec. SSS. Definitions.
The following words, terms, and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning.
Adult arcade means a place to which the public is permitted or invited and
where coin-operated or slug-operated or electronically, electrically, or
mechanically controlled still or motion picture machines, projectors, or other
image-producing devices are maintained to show to patrons images whose
dominant or predominant character or theme is the depiction of "specified
sexual activities" or "specified anatomical areas."
Adult bookstore or video store means an establishment that derives more than
half of its gross revenue from selling or renting adult material, or an
establishment for which more than half of its stock in trade consists of adult
material. In measuring stock in trade for the purpose of this definition, the
number of units of articles available for sale or rent shall be counted. Any "adult
use" activity occurring on the premises other than the sale or rental of adult
material shall preclude the establishment's qualifying solely as an "adult
bookstore or video store" and shall require the classification of the establishment
as an adult use other than an "adult bookstore or video store."
Adult booth means a separate enclosure inside an "adult use establishment,"
accessible to any person, regardless of whether a fee is charged for access. The
term "adult booth" includes, but is not limited to, a "peep show" booth, "adult
arcade" booth, or other booth used to view "adult material." The term "adult
booth" does not include a restroom or a foyer through which any person can
enter or exit the establishment.
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Adult material means anyone or more of the following, regardless of whether it
is new or used: books, magazines, periodicals or other printed matter, paintings, e
drawings, or other publications or graphic media, or photographs, slides,
transparencies, films, motion pictures, video or audio cassettes, video or
computer disks, or other visual or audio representations or recordings, or
computer data storage media, which have as their primary or dominant theme
matter depicting, illustrating, describing or relating to "specified sexual activities"
or "specified anatomical areas;" or instruments, novelties, devices or
paraphernalia which are designed for use in connection with "specified sexual
activities."
Adult modeling or activity center means an establishment, other than an "adult
bookstore or video store," "adult photographic studio," "adult theater," or "special
cabaret," where one or more employees model, demonstrate or present any
object for sale, or provide any service to patrons, while the employee or
employees exhibit "specified anatomical areas."
Adult photographic studio includes any business establishment which offers or
advertises as its primary business the use of its premises for the purpose of
photographing "specified sexual activities" or "specified anatomical areas."
Adult theater means an enclosed building or an enclosed space within a e
building, or an open-air area used for presenting as a preponderance of its
entertainment, films, motion pictures, video cassettes or disks, slides or similar
photographic reproductions, recordings or other audio matter, or live plays,
dances, or other performances, either by individuals or groups, whose dominant
or predominant character or theme is the depiction or description of "specified
sexual activities" or "specified anatomical areas" for the entertainment of
patrons therein. The term includes, but is not limited to, an establishment that
has one or more "adult booths" or an "adult arcade."
Adult use shall be defined to include the terms "adult arcade," "adult bookstore
or video store," "adult booth," "adult theater," "special cabarets," "adult
photographic studios," or "adult modeling or activity centers."
Adult use establishment means a site or premises, or portion thereof, upon which
"adult use" activities or operations are conducted.
Alcoholic beverage shall mean a beverage containing more than one percent
of alcohol by weight. It shall be prima facie evidence that a beverage is an
alcoholic beverage if there is proof that the beverage in question was or is
known as whiskey, moonshine whiskey, shine, rum, gin, tequila, vodka, scotch, e
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scotch whiskey, brandy, beer, malt liquor, or by any other similar name or
names, or was contained in a bottle or can labeled as any of the above names
or a name similar thereto, and the bottle or can bears the manufacturer's
insignia, name, or trademark. Any person who, by experience in the handling of
alcoholic beverages, or by taste, smell, or drinking of such alcoholic beverages
has knowledge of the alcoholic nature thereof, may testify as to his opinion
about whether such beverage is an alcoholic beverage.
Applicant means any person as defined in section 1.02 who has applied for a
certificate of compliance, a provisional certificate of compliance, or an adult
use license.
Chapter, article, division, section, subsection, paragraph or subparagraph
means a reference to a provision contained within the Code of Ordinances of
the City of Clearwater, unless the context expressly refers to the Florida statutes
or other document.
Church means a premises or site which is used primarily or exclusively for religious
worship and related activities.
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Convicted means a determination of guilt resulting from a plea or trial,
regardless of whether adjudication was withheld or whether imposition of
sentence was suspended.
Development Code Administrator means the person appointed by the City
Manager to implement the Land Development Code, or any person
designated to act on behalf of the Development Code Administrator.
Employee means a person who works or performs or provides services in
connection with an "adult use establishment," regardless of whether said person
is paid a salary or wage, or is an independent contractor, provided such person
has a relationship with the business of or entertainment or services provided by
the adult use. The term includes, but is not limited to, performers, managers,
assistant managers, stockpersons, tellers, entertainers, bartenders, disc jockeys,
sales clerks, ticket takers, waiters or waitresses, doormen, movie projectionists,
and dancers. The term is not meant to include repairmen, janitorial personnel, or
the like, who are only indirectly involved in facilitating the operation of or
entertainment or services provided in the "adult use establishment."
Established or commenced business means one of the following:
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(a) Properly licensed and open to the public for business on or before October
18, 1993, and offering one or more activities or entertainment fitting the
definition of "adult use;"
(b) Possessed a current, valid and unexpired occupational license on or before
October 18, 1993, for one or more activities or entertainment fitting the definition
of "adult use;" or
(c) Submitted, on or before October 18, 1993, a complete and acceptable
conditional use application or a building permit application on which the
applicant stated that the proposed use was for one or more activities or
entertainment fitting the definition of "adult use."
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Florida Statutes means the general law of Florida and any amendments thereto
enacted by the Florida Legislature prior to or during the regular session of 1993
and still in effect, and any amendments thereto which may be enacted after
the adoption of this ordinance.
Law enforcement officer means any person who is appointed or employed by
the City, who is vested with authority to bear arms and make arrests, and whose
primary responsibility is the prevention and detection of crime or the
enforcement of the criminal or traffic laws of the state.
Licensee means any person whose application for an "adult use" license has e
been granted and who owns, possesses, operates, and controls the "adult use
establishment." .
Nonconforming adult use establishment means an "adult use establishment"
that has established or commenced business at its existing location prior to
October 18, 1993, and that is not in conformity with the locational requirements
of this ordinance.
Operator means any person who engages in or performs any supervisory activity
which is necessary to or which facilitates the operation of an "adult use
establishment," including but not limited to, the licensee, manager, doorman,
bartender, disc jockey, sales clerk, ticket taker, movie projectionist, or other
employee.
Ordinance or this ordinance means this adult use regulation ordinance
(Ordinance 5490-93), unless the context clearly indicates otherwise.
Patron means any natural person present on the "adult use" premises other than
an operator or employee.
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Person means as defined in section 1.02.
Private performance means the display or exposure of any "specified
anatomical area" by an employee of an "adult use establishment" to a patron
while the employee is in an area not accessible during such display to all other
persons in the establishment, or while the employee is in an area in which the
employee is totally or partially screened or partitioned during such display from
the view of all persons outside the area.
Public recreation area means a tract of land which is used for a public park or
public beach. The term includes, but it is not limited to, the Pinellas Trail and
other publicly owned property used for active or passive recreational uses.
Residentially zoned property means any parcel of property located in a zoning
district classified as residential in Section _, Zoning.
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School means a premises or site upon which there is a public or private child
day care facility, elementary school, junior high school, middle school, senior
high school, or exceptional learning center. However, the term "school" does
not include a premises or site upon which there is an institution devoted solely to
vocational or professional education or training or an institution of higher
education, including, but not limited to, a community college, junior college,
four-year college or university.
Special cabaret means any bar, dance hall, restaurant, or other place of
business which features dancers, go-go dancers, exotic dancers, strippers, male
or female impersonators, or similar entertainers, or waiters or waitresses that
engage in "specified sexual activities" or display "specified anatomical areas."
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Specified anatomical area means:
(a) Less than completely or opaquely covered:
1. Human genitals or pubic region; or
2. The entire cleft of the male or female buttocks. Attire that is insufficient
to comply with this requirement includes, but is not limited to, G-strings, T-backs,
and thongs; or
3. That portion of the human female breast directly or laterally below a
point immediately above the top of the areola; this definition shall include the
entire lower portion of the human female breast, but shall not include any
portion of the cleavage of the human female breast exhibited by a dress,
blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola
is not exposed.
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(b) Human male genitals in a discernible turgid state, even if completely and _
opaquely covered. .,
Specified criminal act means:
(a) An offense under Chapter 794, Florida Statutes (relating to sexual battery);
(b) An offense under Chapter 796, Florida Statutes (relating to prostitution);
(c) An offense under Chapter 800, Florida Statutes (relating to lewdness and
indecent exposure);
(d) An offense under Chapter 847, Florida Statutes (relating to obscene
materials); or
(e) An offense under an analogous statute of a state other than Florida, or
under an analogous ordinance of another county or city.
Specified sexual activity means:
(a) Human genitals in a state of sexual stimulation, arousal or tumescence; or
(b) Acts of anilingus, bestiality, cunnilingus, coprophagy, coprophilia, fellation,
flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia,
sadism, sadomasochism, sapphism, sexual intercourse, sodomy, or urolagnia; or
(c) Fondling or other erotic touching of human genitals, pubic region, buttock,
anus or female breast; or
(d) Excretory functions as part of or in connection with any of the activities set
forth in paragraphs (a) through (c) of this definition. e
Sec. _' Regulation of obscenity subject to state law.
It is not the intent of the City Commission to legislate with respect to matters of
obscenity. These matters are regulated by state law, including Chapter 847,
Florida Statutes.
Sec._. Regulation of massage establishments subject to state law.
It is not the intent of the City Commission to legislate with respect to matters of
massage establishments. These matters are regulated by the Florida
Department of Professional Regulation, Board of Massage, and by state law,
Chapter 480, Florida Statutes.
DIVISION 2. LOCATIONAL PROVISIONS; NONCONFORMING ADULT
USES; CERTIFICATES OF COMPLIANCE OR PROVISIONAL
COMPLIANCE; HARDSHIP RELIEF.
Sec.XXX. Location of adult uses--Minimum distances; zoning districts; use
limitations in general.
(1) Adult use establishments shall comply with the following minimum distance
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(a) No adult use establishment shall be located within 500 feet of any
residentially zoned property, church, school, or public recreation area which is
validly located or has previously received legal authority to operate at its
location.
(b) No adult use establishment shall be located within 1,000 feet of any other
adult use establishment.
(c) The distances specified herein shall be measured along a straight line from
the nearest point of any structure or portion thereof occupied by an adult use
establishment to the nearest property line of residentially zoned property,
church, school, public recreation area or other adult use establishment. In a
multi-tenant or multi-user building, such as a shopping center, the distances shall
be measured from the unit or closest portion of the building or structure utilized
by and containing or being utilized by any facet of the adult use establishment.
(2) An adult use establishment shall be located only in the limited industrial
district .
(3) An adult use establishment shall comply with all applicable requirements of
the zoning district in which the establishment is located or proposed to be
located, in addition to the requirements of this ordinance. Nothing in this section
shall be construed to permit the operation of any business or the performance
of any activity prohibited under any other section of this article. Nothing in this
article shall be construed to authorize, allow or permit the establishment of any
business, the performance of any activity, or the possession of any item, which is
obscene under the judicially established definition of obscenity.
Sec.UUU. Nonconforming adult use establishments.
(1) Adult use establishments that have established or commenced business at
their existing locations on or before October 18, 1993, and which are not in
conformity with the locational requirements of Section XXX, may continue to
operate for one year after the effective date of this article, unless terminated
sooner for failure to obtain the certificates and licenses required by this article,
voluntary discontinuation of business for a period of 30 days or more, or
suspension or revocation of the adult use license. Such non-conforming adult
use establishments shall not be increased, enlarged, extended or altered
except that the use may be changed to a conforming use. After one year from
the effective date of this article, a nonconforming adult use establishment shall
be deemed to be operating in violation of this article.
(2) If two or more adult use establishments are within 1,000 feet of one another,
but both are otherwise in a permissible location, the adult use establishment
which first began continual operation at the particular location is the
conforming use and the later-established adult use establishment is the
nonconforming use.
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(3) An adult use establishment lawfully operating or permitted to operate as a _
conforming use is not rendered a nonconforming use through the subsequent -
location of a church, school, residentially zoned property, or public recreation
area.
Sec._. Application for certificate of compliance or provisional certificate of
compliance; rejection of incomplete application; granting or denying
application; appeal.
(1) No new adult use establishment shall be allowed to commence business
without first obtaining a certificate of compliance and an adult use license from
the Development Code Administrator. Adult use establishments that have
established or commenced business at their existing locations on or before
October 18, 1993, shall submit the application required by this section within 60
days from the effective date of this article, and may continue to operate
pending a decision by the Development Code Administrator on such
application.
(2) To obtain a certificate of compliance or a provisional certificate of
compliance, the applicant shall provide the following information upon an
application form to be provided for such purpose, accompanied by payment
of a fee in an amount established and determined by resolution of the City
Commission to be reasonably calculated to cover the costs of processing the _
application: _
(a) Name, mailing address, telephone number of the applicant
(b) Street address of the proposed or existing adult use;
(c) Legal description of the property occupied by the proposed or existing
adult use, including the property boundaries;
(d) A surveyor an accurate scale drawing prepared by a Florida
registered SUIY.eyor, architect, or engineer, showing the locations of any
churches, schools, residentially zoned property, and public recreation areas
within 500 feet of the location of the proposed adult use establishment, and
showing the locations of other existing adult use establishments within 1,000 feet
of the location of the proposed or existing adult use establishment for which the
certificate is being sought;
(e) If the applicant's proposed location is the location of an existing adult
use establishment, the date the existing adult use establishment established or
commenced business including documentation of commencement, such as
certificates of occupancy, affidavits, receipts, or business records; and
(f) If the applicant is not the record owner of the subject parcel, a letter
from the record owner containing the notarized signature of the record owner
and stating that the applicant is authorized to seek a certificate of compliance
or a provisional certificate of compliance as an adult use establishment.
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(3) In the event the Development Code Administrator determines that the
applicant has not provided the information and documents required by
subsection (2) of this section, the Development Code Administrator shall send
notice to the applicant by certified mail return receipt requested no later than
15 calendar days after the date the application was filed, informing the
applicant of the reasons why the application is incomplete. The Development
Code Administrator shall allow the applicant 30 calendar days from the receipt
of the notice to complete the application. The time period for granting or
denying a certificate under subsection (4) of this section shall be stayed during
the period in which the applicant is allowed an opportunity to complete the
application.
(4) The Development Code Administrator shall grant or deny an application for
a certificate of compliance or a provisional certificate of compliance within 30
calendar days after the date of the filing of the completed application. The
Development Code Administrator, within 30 calendar days after the date the
completed application was filed, shall send notice to the applicant by certified
mail return receipt requested of one of the following:
(a) If the location for a new or existing adult use establishment complies
with the locational provisions of Section XXX, then the Development Code
Administrator shall issue to the applicant a certificate of compliance;
(b) If an existing adult use establishment is a nonconforming adult use
establishment, then the Development Code Administrator shall issue to the
applicant a provisional certificate of compliance; or
(c) If the location of a proposed new adult use establishment does not
comply with the locational provisions of Section XXX, then the Development
Code Administrator shall issue to the applicant a notice of denial, which shall
explain the reason for the denial.
(5) Any applicant aggrieved by a decision of the Development Code
Administrator pursuant to this section shall have the right of appeal to the City
Manager. Such appeal shall be taken by filing with the City Clerk, within 30
calendar days after receipt of the Development Code Administrator's
notification, a written statement setting forth in full the grounds for such appeal.
The City Clerk shall forthwith notify the City Manager. The City Manager shall
hold a hearing within 30 calendar days after the applicant files the appeal. The
applicant shall be given notice of the hearing at least 10 calendar days prior to
the hearing and shall have an opportunity to present evidence on the
applicant's behalf, to cross examine witnesses, and to be represented by
counsel. A written decision by the City Manager to affirm or overrule the
decision of the Development Code Administrator shall be made within 10
calendar days of the hearing and shall be final and conclusive, subject to
judicial review by common-law certiorari in the circuit court for Pinellas County.
The City Manager may delegate the authority to hold a hearing and to decide
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an appeal pursuant to this subsection to a Deputy City Manager or an Assistant
City Manager, whose decision shall be as final and conclusive as if made by the
City Manager.
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Sec._. Conflicting applications.
(1) Because the potential exists for the inadvertent issuance of certificates of
compliance or provisional certificates of compliance to adult use establishments
that violate the locational provisions of this article, the Development Code
Administrator shall develop a system for tracking applications and for ranking
them by date and time of application and date that an adult use establishment
existing on October 18, 1993, was established or commenced business.
(2) Between two applications being processed at the same time, the applicant
who filed first shall be considered to be the operator of the conforming adult
use establishment, if that application is approved and if no other reason exists to
consider the establishment nonconforming. Between applicants, one of whom
or both of whom operated adult use establishments that existed at the premises
on or before October 18, 1993, the adult use establishment that first established
or commenced business at the location shall be considered to be conforming if
no other reason exists to consider the establishment nonconforming.
DIVISION 3. ADULT USE LICENSE.
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Sec. YYY. Adult use license required; classification.
(1) Within 90 calendar days of the receipt of a certificate of compliance or a
provisional certificate of compliance for an adult use establishment, the
applicant shall submit an application for an adult use license and shall
thereafter obtain an adult use license. No adult use establishment shall be
permitted to operate without having been first granted an adult use license by
the Development Code Administrator. However, an adult use establishment
that established or commenced business on or before October 18, 1993, and for
which a certificate of compliance or provisional certificate of compliance has
been issued, may continue to operate pending a decision by the Development
Code Administrator on the application for an adult use license.
(2) Adult use licenses shall be classified as follows, based upon the information in
the application and subject to subsequent inspection for verification:
(a) Adult bookstore or video store;
(b) Adult modeling or activity center;
(c) Adult photographic studio;
(d) Adult theater; or
(e) Special cabaret.
(3) An adult use license for a particular adult use establishment shall be limited
to one classification for each license. An adult use establishment desiring to
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operate an establishment with more than one classification of adult use activity
shall submit an application and obtain a separate adult use license for each
adult use classification.
Sec.RRR. Application required for adult use license; rejection of incomplete
application; granting or denying application for license; appeal.
(1) Any person desiring to operate an adult use establishment shall file with the
Development Code Administrator an application on an application form to be
provided by the Development Code Administrator and shall pay a non-
refundable application fee in an amount established and determined by
resolution of the City Commission to be reasonably calculated to cover the
costs of processing the application. If the application is approved and a license
is granted, the fee shall be applied as a credit towards the annual license fee
required for the first year.
(2) The completed application shall contain the following information and shall
be accompanied by the following documents:
(a) If the applicant is:
1. A natural person, the applicant shall state his legal name and
any aliases and submit satisfactory proof that he is not less than 18 years
of age; or
2. A partnership, the applicant shall state its complete name and
whether the partnership is general or limited, and shall state the legal
names, aliases, and dates of birth of all general partners and of all limited
partners having either direct, managerial, supervisory, or advisory
responsibilities for day-to-day operations of the adult use; or
3. A corporation, the applicant shall state its complete name, the
date of its incorporation and the name of the state where it was
incorporated, the name of the registered agent and the address of the
registered office for service of process, evidence that the corporation is in
good standing, and the legal names, aliases, dates of birth and office or
capacity of all officers, directors, and stockholders having either direct,
managerial, supervisory, or advisory responsibilities for day-to-day
operations of the adult use;
(b) If the applicant intends to conduct the establishment under a name
other than that of the applicant. the establishment's fictitious name and the
certified copy of the applicant's registration with the Division of Corporations of
the Department of State pursuant to Section 865.09, Florida Statutes;
(c) The general nature of the type of adult use for which the applicant is
seeking a license, stating the specific classification of license for which the
applicant is filing, and including a statement concerning the degree to which
the anticipated activities at the adult use meet the definitions of the
enumerated adult use classifications listed in Section YYY (2). If the applicant is
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requesting an additional adult use license, different from the existing adult use
establishment's current classification, or the applicant is requesting multiple adult e
use licenses for the same establishment, the applicant shall explain how the
multiple adult use activities will interact. Such a information shall serve as an
initial basis for the permitted activities allowed under the licenses issued;
(d) The location of the proposed establishment, including a legal
description of the property site, and the street address of the location;
(e) The legal names, aliases and dates of birth of the employees for the
proposed establishment;
(f) The applicant's mailing address, residential address, and residential
telephone number (if any);
(g) A copy of the certificate of compliance or provisional certificate of
compliance;
(h) Whether the applicant or any other person listed pursuant to
subparagraph (a) above has, within the three year period immediately
preceding the date of the application, been convicted of, or been
Incarcerated or been on probation or parole for committing, a specified
criminal act and, if so, the specified criminal act involved, the date of
conviction, and the place of conviction; and
(i) For a new adult use establishment or for an existing adult use
establishment that intends to convert to an adult modeling or activity center, an
adult photographic studio, an adult theater, or a special cabaret, or to add any e
of the foregoing to its existing adult use, an interior floor plan, including all
windows, doors, entrances and exits, fixed structural features, walls, stages,
partitions, projection booths, admission booths, private performance areas,
adult booths, concession booths, stands, food service equipment, counters and
similar structures, and a designation of any portion of the premises in which
patrons will not be permitted; and
(j) A sworn statement attesting to the accuracy of the information
provided in the application and to the fact that the applicant will own, possess,
operate, and exercise control over the proposed or existing adult use
establishment.
(3) In the event the Development Code Administrator determines that the
applicant has not provided the information and documents required by
subsection (2) of this section, the Development Code Administrator shall send
notice to the applicant by certified mail return receipt requested no later than
15 calendar'days after the date the application was filed, informing the
applicant of the reasons why the application is incomplete. The Development
Code Administrator shall allow the applicant 30 calendar days from the receipt
of the notice to complete the application. The time period for granting or
denying a certificate under subsection (4) of this section shall be stayed during
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the period in which the applicant is allowed an opportunity to complete the
application.
(4) The Development Code Administrator shall grant or deny an application for
a license within 30 calendar days after the date of the filing of the completed
application. The Development Code Administrator shall send notice to the
applicant by certified mail return receipt requested no later than 30 calendar
days after the date of the filing of the completed application, informing the
applicant of the decision. If there is no basis for denial of the application
pursuant to subsection (5) of this section, the Development Code Administrator
shall issue the license to the applicant upon the applicant's payment of the
appropriate annual license fee required by Section Zll.
(5) The Development Code Administrator shall deny the application if:
(a) The application contains materially false information; or
(b) An applicant has been convicted of a specified criminal act and:
1. Less than one year has elapsed since the later of the date of the
conviction or the date of release from confinement, probation or parole
imposed for the conviction of a misdemeanor offense; or
2. Less than three years have elapsed since the later of the date of
conviction or the date of release from confinement, probation or parole
imposed for the conviction of a felony offense.
(c) The fact that a conviction is being appealed shall have no effect on
the disqualification of the applicant.
(d) An adult use establishment that established or commenced business
on or before October 18, 1993, shall be exempt from the requirements of this
subsection.
(6) Any applicant aggrieved by any decision of the Development Code
Administrator pursuant to this section shall have the right of appeal to the City
Manager. Such appeal shall be taken by filing with the City Clerk, within 30
calendar days after receipt of the Development Code Administrator's
notification, a written statement setting forth fully the grounds for such appeal.
The City Clerk shall forthwith notify the City Manager. The City Manager shall
hold a hearing within 30 calendar days after the applicant files the appeal. The
applicant shall be given notice of hearing at least 10 calendar days prior to the
hearing and shall have an opportunity to present evidence on the applicant's
behalf, to cross examine witnesses, and to be represented by counsel. A written
decision by the City Manager to affirm or overrule the decision of the
Development Code Administrator shall be made within 10 calendar days of the
hearing and shall be final and conclusive, subject to judicial review by
common-law certiorari in the circuit court for Pinellas County. The City Manager
may delegate the authority to hold a hearing and to decide an appeal
pursuant to this subsection to a Deputy City Manager or an Assistant City
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Manager, whose decision shall be as final and conclusive as if made by the City
Manager.
Sec.ZZZ. Annual licensing regulatory fees; term of license; renewals;
expiration; cancellation.
(1) In order to cover the administrative and enforcement costs associated with
these regulations, there are hereby levied annual licensing regulatory fees for
an adult use establishment in amounts to be established and determined by
resolution of the City Commission.
(2) The annual fees collected pursuant to this section are declared to be
regulatory fees, which are collected for the purpose of examination and
Inspection of adult uses under these regulations and the administration thereof.
These regulatory fees are in addition to, and not in lieu of, the occupational
license taxes, building permit fees, and other fees imposed by other sections of
the Code of Ordinances.
(3) A license issued under this article shall be an annual license which shall
commence on October 1 if the fee has been paid, or on such later date when
the fee shall have been paid, and shall expire on September 30 of the following
year. If a license is issued after October 1 but on or before March 31 of the
following year, the applicant shall pay the license fee in full. If a license is issued
after March 31 but before October 1 of the same year, the applicant shall pay
one-half (1/2) the license fee.
(4) Licenses shall be renewed annually. Subject to compliance with all other
applicable provisions of this article, a licensee shall be entitled to a renewal of
the annual license from year to year by presenting the license for the previous
year and by paying the appropriate license fee and updating the information
supplied with the latest application or certifying that the information supplied
remains unchanged.
(5) A license that is not renewed by October 1 of each year shall expire. An
expired license may be renewed by November 30 of the same year upon
payment of the license fee, and upon payment of a penalty of ten percent of
the license fee for the month of October, or fraction thereof, and an additional
penalty of five percent of the license fee for the month of November, or
fraction thereof.
(6) All expired licenses not renewed by November 30 shall be deemed
nonrenewable.
Sec._. Transfer of license.
(1) A licensee shall not transfer a license to another person, or surrender
ownership, possession, control, and operation of a licensed establishment to
such other person, unless and until such other person submits an application in
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compliance with Section RRR and obtains approval, and pays a transfer fee of
10 percent of the license fee.
(2) No license may be transferred pursuant to subsection (1) of this section when
the City Manager has notified the licensee that suspension or revocation
proceedings have been or will be brought against a licensee.
(3) A licensee shall not transfer his license to another location.
(4) Any attempt to transfer a license, either directly or indirectly, in violation of
this section is hereby declared void, and the license shall be deemed
abandoned and shall be subject to revocation pursuant to Section PPP.
Sec._. Changing name of establishment.
No licensee may change the name of an adult use establishment unless and
until the licensee gives the Development Code Administrator 30 days notice in
writing of the proposed name change, pays the Development Code
Administrator a $3.00 change of name fee, complies with Section 865.09, Florida
Statutes, and presents evidence of compliance with such statute to the
Development Code Administrator.
DIVISION 4. OPERATIONAL REQUIREMENTS FOR ADULT USES.
Sec.WWW. General requirements.
Each adult use establishment shall observe the following general requirements:
(1) Conform to all applicable building statutes, codes, ordinances and
regulations, whether federal, state or local.
(2) Conform to all applicable fire statutes, codes, ordinances, and regulations,
whether federal, state or local.
(3) Conform to all applicable health statutes, codes, ordinances, and
regulations, whether federal, state or local.
(4) Conform to all applicable land use and zoning laws, ordinances, and
regulations, whether state or local.
(5) Opaquely cover each non-opaque area through which a person outside the
establishment may otherwise see inside the establishment.
(6) Maintain a record of all employees who are currently employed by the
establishment and of all former employees who are employed by the
establishment during the preceding one year period, containing the
employee's full legal name, aliases, and date of birth. For the purpose of this
subsection, "employee" means as defined in Section SSS.
Sec._. Adult theaters.
In addition to the general requirements contained in Section WWW, an adult
theater shall observe the following special requirements:
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(1) If the adult theater contains a hall or auditorium area, the area shall comply _
with each of the following provisions: .
(a) Have individual, separate seats, not couches, benches or the like;
(b) Have a continuous main aisle alongside of the seating areas in order
that each person seated in the areas shall be visible from the aisle as well as
from the manager's station at all times; and
(c) Have a sign posted in a conspicuous place at or near each entrance
to the hall or auditorium area which lists the maximum number of persons who
may occupy the hall or auditorium area, which number shall not exceed the
number of seats within the hall or auditorium area.
(2) The adult theater shall have one or more manager's stations. The interior of
the premises shall be configured in such a manner that there is an unobstructed
view from a manager's station of every area of the premises to which any
patron is permitted access for any purpose, excluding restrooms. Adult material
shall not be available or allowed in restrooms. If two or more manager's stations
are designated, the interior of the premises shall be configured in such a
manner that there is an unobstructed view of each area of the premises to
which any patron is permitted access for any purposes from at least one of the
manager's stations. The view required in this subsection shall be by direct line of
sight from the manager's station.
(3) It shall be the duty of the operator present in the premises to ensure that the
area specified in subsection (2) of this section remains unobstructed by any It
door, wall, merchandise, display rack or other material at all times that any
patron is present in the premises and to ensure that no patron is permitted
access to any area of the premises which has been designated in the
application filed pursuant to Section RRR(2) (i) as an area in which patrons will
not be permitted.
(4) It is the duty of the operator to ensure that at least one employee is on duty
and situated in each manager's station at all times that any patron is present
inside the premises and that the employee is continually monitoring the activities
in the adult theater for violations of the provisions of this article and of state law.
(5) The licensee of an adult use establishment may seek a hardship relief from
the provisions of subsections (2), (3) or (4) of this section by filing a request for
such relief with the City Clerk. If, upon presentation at a public hearing before
the Development Review Board following notice of the public hearing as
provided in Section_, the Development Review Board is satisfied that the
licensee will utilize operational procedures or technology sufficient to
guarantee, to a degree similar to the provisions of this section, that the areas of
the establishment to which patrons have access are monitored for violations of
this ordinance and of state law, the Board may grant such relief. If sufficiently
conditioned to assure monitoring and notice to patrons, the direct line of sight
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requirement of subsection (2) of this section may be varied by the substitution of
video surveillance.
The Board may condition the hardship relief so as to ensure that the operational
procedures or technology will be utilized. The failure to follow the conditions of
the hardship relief may result in a review by the Development Review Board, at
a public hearing, with notice and opportunity for the licensee to be heard.
Revocation of the hardship relief may be justified if, based upon the
presentation at the hearing, assurances serving as a basis for issuance of
hardship relief are found to be not satisfied. Any decision of the Development
Review Board shall be final and conclusive, subject to judicial review by
common-law certiorari in the circuit court for Pinellas County.
(6) The premises shall be equipped with overhead lighting fixtures of sufficient
intensity to illuminate every place to which patrons are permitted access at an
illumination of not less than one foot candle as measured at the floor level. It
shall be the duty of the operator to ensure that such illumination is maintained
at all times that any patron is present in the premises.
(7) If the adult theater contains adult booths, only one person shall be permitted
to occupy the booth, and each adult booth shall comply with each of the
following provisions:
(a) Have a sign posted in a conspicuous place at or near the entrance
which states that only one person may occupy the booth;
(b) Have a permanently open entrance not less than two feet wide and
not less than six feet high, which entrance shall not have any curtain rods,
hinges, rails or the like which would allow the entrance to be closed or partially
closed by any curtain, door, or other partition;
(c) Have an individual. separate seat, not couches, benches or the like,
which permits only one person to occupy the booth;
(d) Have a continuous main aisle alongside the booth in order that each
person situated in the booth shall be visible from the aisle as well as from the
manager's station at all times; and
(e) Have, except for the entrance, walls or partitions of solid construction
without any holes or openings in such walls or partitions.
(8) Requirements of this section are applicable to any adult theater. An adult
theater that established or commenced business on or before October 18, 1993,
shall comply with the requirements contained within this section within six
months from the effective date of this ordinance.
Sec._. Refurbishing of adult theaters.
(1) Each adult theater shall cover the floors of areas accessible to patrons with
smooth and non-permeable flooring material which can withstand frequent
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effective cleaning with industrial strength cleaning agents. Carpeting of any
kind is prohibited.
(2) Each adult theater shall cover furniture permitted by this Ordinance for use
by patrons with a smooth and non-permeable upholstery material that can
withstand frequent cleaning with industrial strength cleaning agents.
(3) Each adult theater shall have, in areas accessible to patrons, interior wall
surfaces which can withstand frequent cleaning with industrial strength cleaning
agents.
(4) Each adult theater shall use only those shades, blinds and vertical blinds that
can withstand frequent cleaning with industrial strength cleaning agents.
Draperies are prohibited.
(5) The requirements of this section are applicable to any adult theater. An adult
theater that established or commenced business on or before October 18, 1993,
shall comply with the requirements contained within this section within six
months from the effective date of this ordinance.
Sec._" Sanitation.
(1) All areas of each adult theater accessible to patrons shall be maintained in a
clean and sanitary condition. The surfaces of all floors, furniture, counter tops,
shades, blinds, vertical blinds, doors and walls of areas accessible to patrons
shall be cleaned and sanitized a minimum of one time each 24 hours with an
industrial strength cleaner.
(2) All floors, furniture, counter tops, shades, blinds, vertical blinds, doors and
walls of areas accessible to patrons of adult theaters shall be renovated or be
replaced as needed. All furniture shall be kept free from holes and rips.
(3) Any individual cleaning or sanitizing the areas accessible to patrons shall
utilize an appropriate and effective adaptation of the U.S. Centers for Disease
Control's universal precautions for the prevention of transmission of the HIV and
other diseases. Such procedure shall be reviewed and approved by the Pinellas
County Health Department. A copy of the approved procedure shall be kept
on file at the adult theater and a copy shall be provided to each person
cleaning or sanitizing the areas accessible to the patrons. Each such individual
shall certify that he has read and understood the procedures by signing a copy
of the procedure. The signed copy shall be kept as a part of the records of the
adult theater and open for inspection by the health department. law
enforcement officers, or the Development Code Administrator.
(4) If the adult theater is designed to permit outdoor viewing by persons seated
in automobiles, it shall have the motion picture screen so situated, or the
perimeter of the establishment so fenced, that the material to be seen by those
persons may not be seen from any public right-of-way, residential zoned
property, church, school, or public recreation area.
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(5) The requirements of this section are applicable to any adult theater. An adult
theater that established or commenced business on or before October 18, 1993,
shall comply with the requirements contained within this section within six
months from the effective date of this article.
Sec._QQQ. Adult modeling or activity centers, adult photographic studios,
adult theaters, and special cabarets.
In addition to the general requirements contained in section WWW, an adult
modeling or activity center, adult photographic studio, adult theater, and a
special cabaret shall observe the following special requirements:
(1) A stage shall be provided for the display or exposure of any specified
anatomical area by an employee to a patron and shall consist of a permanent
platform (or other similar permanent structure) raised a minimum of 18 inches
above the surrounding floor and encompassing an area of at least 36 square
feet: and
(2) The stage shall be at least three feet from the nearest table, chair or other
accommodation where food or drink is served or consumed or patrons are
located.
(3) Any area in which a private performance occurs shall:
(a) Have a permanently open entrance not less than two feet wide and
not less than six feet high, which entrance shall not have any curtain rods,
hinges, rails, or the like which would allow the entrance to be closed or partially
closed by any curtain, door, or other partition; and
(b) Have a wall to wall, floor to ceiling partition of solid construction
without any holes or openings, which partition may be completely or partially
transparent, and which partition separates the employee from the patron
viewing the display.
(4) An adult use establishment that established or commenced business on or
before October 18, 1993, shall comply with the requirements contained within
this section within one year from the effective date of this ordinance.
DIVISION 5. PROHIBITIONS; ENFORCEMENT; SUSPENSION OR
REVOCATION.
Sec. m. Prohibitions.
(1) It shall be a violation of this ordinance for any operator of an adult use
establishment to operate such establishment where the person knows or should
know that:
(a) The adult use establishment has no certificate of compliance or
provisional certificate of compliance;
(b) The adult use establishment has no adult use license or has an adult
use license that is under suspension: or
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(c) The adult use establishment has an adult use license that has been
revoked or that has expired.
(2) It shall be a violation of this article for any operator of an adult use
establishment to operate without satisfying all of the general requirements of
section WWW(5) and (6).
(3) It shall be a violation of this ordinance for any operator of an adult theater to
operate without satisfying all of the special requirements of sections 41.532
through QQQ, inclusive.
(4) It shall be a violation of this article for any operator of an adult modeling or
activity center, adult photographic studio, or special cabaret, to operate
without satisfying all of the special requirements of section QQQ.
(5) It shall be a violation of this article for any operator of an adult use
establishment to operate and to knowingly or with reason to know, permit or
allow the entrance or exit of the adult use establishment to be locked when a
person other than an employee is inside the establishment.
(6) It shall be a violation of this article for any operator of an adult use
establishment where alcoholic beverages are sold or consumed to operate
and to knowingly or with reason to know, permit or allow any activity prohibited
by section 6.43 of the city code to occur on the premises.
(7) It shall be a violation of this article for any operator of an adult use
establishment to operate and to knowingly or with reason to know, permit or
allow any employee:
(a) To engage in any specified sexual activity at the adult use
establishment;
(b) To display or expose any specified anatomical area at the adult use
establishment, unless such employee is continuously positioned in an area as
described in Section QQQ;
(c) To display or expose any specified anatomical area while simulating
any specified sexual activity with any other person at the adult use
establishment, including with another employee;
(d) To engage in a private performance unless such employee is in an
area which complies with the special requirements of section QQQ(3);
(e) To intentionally touch, either directly or through a medium, any patron
at the adult use establishment while either the employee or the patron is
engaged in the display or exposure of any specified anatomical area;
(f) To voluntarily be within three feet of any patron while engaged in the
display or exposure of any specified anatomical area.
(8) It shall be a violation of this article for an operator of an adult use
establishment to advertise the presentation of any activity prohibited by any
applicable state statute or local ordinance.
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(9) It shall be a violation of this article for an operator of an adult use
establishment to operate the establishment and, knowingly or with reason to
know, permit or allow a person under the age of 18 years to:
(a) Be admitted to the adult use establishment;
(b) Remain at the adult use establishment;
(c) Purchase goods or services at the adult use establishment; or
(d) Work at the adult use establishment as an employee.
(10) It shall be a violation of this article for any person to act as an employee of
an adult use establishment that he or she knows or should know has no adult
use license issued by the city, or which has an adult use license that is under
suspension, has been revoked, or has expired.
(11) It shall be a violation of this ordinance to operate an adult use
establishment at which the records for employees required by section WWW(6)
have not been compiled or are not available for inspection.
(12) It shall be a violation of this article for any employee of an adult use
establishment to knowingly engage in any of the activities described in
subsection (7) of this section.
(13) It shall be a violation of this article for any patron in an adult use
establishment to intentionally touch, either directly or through a medium, an
employee who is displaying or exposing any specified anatomical area at the
adult use establishment.
(14) It shall be a violation of this article for any patron to voluntarily be within
three feet of any employee displaying or exposing any specified anatomical
area at the adult use establishment.
(15) It shall be a violation of this article for two or more persons to occupy an
adult booth.
(16) Notwithstanding any provision of this article which may otherwise be
construed to the contrary, it shall not be a violation of this article for any
employee of an adult use establishment to expose any specified anatomical
area during the employee's bona fide use of a restroom, or during the
employees bona fide use of a dressing room which is accessible only to
employees.
(17) It shall be a violation of this article for any operator of an adult use
establishment to allow such adult use establishment to remain open for business,
or to permit any employee to engage in a performance, solicit a performance,
make a sale, solicit a sale, provide a service, or solicit a service between the
hours of 2:00 a.m. and 8:00 a.m. of any day.
(18) It shall be a violation of this article for any employee of an adult use
establishment to engage in a performance, solicit a performance, make a sale,
solicit a sale, provide a service, solicit a service, between the hours of 2:00 a.m.
and 8:00 a.m. of any day.
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(19) It shall be a violation of this article for any employee of an adult use
establishment to display or expose specified anatomical areas while situated e
outside any structure on the site of an adult use establishment or while situated
at any other location on the site that is visible from any public right-of-way or
sidewalk.
Sec._. Enforcement.
A violation of Section TIT shall be punished by a fine not to exceed $500.00, or
imprisonment for a term not exceeding 60 days, or by both a fine and
imprisonment, as may be imposed by the county court. Each day any violation
of Section m shall continue shall constitute a separate offense.
Sec. PPP. Suspension or revocation.
(1) If an adult use license was granted based upon materially false information
or misrepresentation of material fact, then the city shall have just cause to
suspend or revoke the adult use license for the adult use establishment for up to
one year. Suspension or revocation shall be by the City Commission pursuant to
the procedure set forth in this section.
(2) If an operator or employee of an adult use establishment is convicted of
three or more violations of Section m of this ordinance within a licensing year or
three or more specified criminal acts occurring on the premises of the
establishment within a licensing year, the City shall have just cause to suspend or e
revoke for up to one year the adult use license for the adult use establishment.
Suspension or revocation shall be by the City Commission pursuant to the
procedure set forth in this section. It shall be an affirmative defense if an owner
of the adult use establishment imposed reasonable precautions to prevent an
operator or employee from violating Section m or committing specified criminal
acts.
(3) If the City Manager determines that a violation of subsections (1) or (2-) of this
section has occurred, the City Manager shall schedule a public hearing before
the City Commission. The person who filed the application for the adult use
license shall be given written notice of the hearing at least 20 calendar days
prior to the hearing and shall have an opportunity to present evidence, to cross-
examine witnesses, and to be represented by counsel. The decision of the City
Commission shall be final and conclusive, subject to judicial review by common-
law certiorari in the circuit court for Pinellas County.
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PEOPLE AND PROCESSES
INTRODUCTION
PEOPLE
. THE CITY COMMISSION
. PLANNING BOARD
. DEVELOPMENT REVIEW BOARD
. MUNICIPAL CODE ENFORCEMENT BOARD
. CITY MANAGER
. CITY A TIORNEY
. DEVELOPMENT CODE ADMINISTRATOR
. BUILDING OFFICIAL
. CITY ENGINEER
. CITY STAFF MEMBERS
. HEARING OFFICER
PROCESSES
. HEARING TYPES
. APPEALS
. DECLARATORY RULINGS
. ANNEXATIONS
. DEANNEXATION
. REZONINGS
. LAND USE PLAN AMENDMENTS
. PLANNED DEVELOPMENTS
. CONDITIONAL USES
. VARIANCES
. MINOR VARIANCES
. DESIGN REVIEW
. SITE PLANS AND PLOT PLANS
. SUBDIVISION PLATTING
. BUILDING PERMITS
. OCCUPATIONAL LICENSES
. LAND DEVELOPMENT CODE TEXT AMENDMENTS
. COMPREHENSIVE PLAN TEXT AMENDMENTS
. TRANSFER OF DEVELOPMENT RIGHTS
. DEVELOPMENT AGREEMENTS
. VESTED RIGHTS
. CONCURRENCY MANAGEMENT
. AGREEMENTS TO ANNEX
. DRI'S
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PEOPLE AND PROCESSES
INTRODUCTION
Every development code is implemented by City boards and staff according to
established review processes. This chapter lists the people and boards that
implement this Land Development Code. In addition, each separate review
process is outlined.
This chapter serves to:
. Acquaint the reader with the various City boards and City staff members that
implement this Land Development Code.
. Provide a clear, concise perspective on the way different types of
development reviews are processed.
. Provide a commitment on the part of the City to live up to the decisions that
are made as a result of the various board and staff processes.
PEOPLE
CITY COMMISSION
The Clearwater City Commission serves as the legislative body for the City's rules
and regulations pertaining to development review. The Commission is the final
authority on amendments to this development code, and on annexation,
rezoning and land use plan amendment cases.
The Commission is a five member board, consisting of the mayor and four
commissioners, elected by the registered voters of the City of Clearwater.
PLANNING BOARD
The Planning Board is a seven member board designed to consider a variety of
long range planning issues, including:
. Annexations, rezonings and land use plan amendments.
. Neighborhood plans.
. Long range historic preservation issues.
. Transportation issues and projects.
. Environmental issues.
. Major City construction and public works projects.
. Other long range planning issues and projects.
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The Planning Board meets on a periodic basis to discuss the above items. No
special background or experience is required for someone to serve on the
Planning Board other than a commitment to the long range future of the
community. Board members are appointed by the City Commission. Terms of
Board members are three years, with no more than the equivalent of two
consecutive terms allowed, except initial appointments will be staggered so
that the terms are no more than three members expire in any particular year.
The Board serves as the City's Local Planning Agency for issues involving the City
Comprehensive Plan. In this capacity, the Board is required to periodically
review the Comprehensive Plan and recommend any necessary changes, as
well as to review any proposed amendments to the Land Use Plan.
DEVELOPMENT REVIEW BOARD
The Development Review Board is a seven member board which meets to
consider a variety of specific, short term development projects. The Board
reviews the following types of cases:
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. Conditional uses.
. Most variances (including variances to the zoning technical standards, the
sign code and the building codes).
. Design review.
. Other short term development reviews.
. Certain appeals specified in this development code.
The Development Review Board meets on a periodic basis to consider the
above items. Because the Board reviews technical issues involving
development, its members must have specific background in one or more of
the following areas: architecture, construction contracting, engineering,
surveying or urban planning. Board members are appointed by the City
Commission. Terms of Board members are three years, with no more than the
equivalent of two consecutive terms allowed, except initial appointments will
be staggered so that the terms are no more than three members expire in any
particular year.
In addition to considering the above types of cases, the Board is required to A
periodically examine this development code and declaratory rulings made by _
the Development Code Administrator in interpreting this code. If code
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amendments are necessary, the Board is to recommend them to the City
Commission.
MUNICIPAL CODE ENFORCEMENT BOARD
The Municipal Code Enforcement is the Board charged with enforcing the
noncriminal provisions of the City Code, including this development code, unless
otherwise specified. More information about this Board can be found in
Chapter 2 of the City Code.
CITY MANAGER
The City Manager is the chief executive officer for the City of Clearwater. This
position has ultimate authority over the implementation of this development
code. The City Manager is authorized to delegate the interpretation and
implementation of this code to various City staff members, including the
Development Code Administrator, Building Official, and City Engineer.
CITY ATTORNEY
The City Attorney serves as the final authority with regard to legal issues
associated with the implementation of this code. The City Attorney is required to
periodically review interpretations of the code, particularly declaratory rulings, in
order to determine legal sufficiency for these interpretations. The City Attorney
also serves as a resource for the City staff in determining how this development
code is to be implemented.
DEVELOPMENT CODE ADMINISTRATOR
This position is the staff member delegated by the City Manager to implement
and enforce the Land Development Code on a day-to-day basis. Typically,
the Development Code Administrator is the Central Permitting Director, but the
City Manager is free to delegate this authority to other staff members as
necessary .
The Development Code Administrator is charged with the general and specific
implementation and enforcement of this development code; this authority
includes record keeping and reporting of any policy level interpretations of the
code that are made. These interpretations are called declaratory rulings.
BUILDING OFFICIAL
This position is the staff member delegated by the City Manager to implement
the various building codes on a day-to-day basis.
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The Building Official is charged with the general and specific implementation of
the building codes; this authority includes record keeping and making policy
level interpretations of the building codes.
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CITY ENGINEER
This position is charged with the implementation, development and
maintenance of the technical standards for site development, including most of
the subdivision regulations. These standards are retained in the City of
Clearwater Technical Specifications and Standards Manual as well as the
Subdivision Design Standards and Platting Procedures Manual.
CITY 5T AFF
City staff members perform a vital role in the implementation of this
development code. These staff members perform an administrative function as
opposed to the legislative and quasi-judicial functions performed by the City
Commission and the City review boards. This means that the City staff members
have the authority to make decisions about the implementation of this e
development code without the requirement of public discussion or hearings.
Consequently, considerable power is entrusted to these employees in order to
ensure the effective and effective implementation of this code. Reporting
procedures are established in this development code to ensure that
administrative decisions receive public scrutiny and evaluation by the City
Commission and City review boards
Various members of the City staff are authorized on a day-to-day basis to
implement the land development code consistent with policy direction
provided by the City Manager, the City Attorney, the Development Code
Administrator, and the City Engineer. In implementing this code, City staff
members are authorized to use the declaratory rulings of the Development
Code Administrator, as well as the technical standards contained in the City's
Technical Specifications and Standards Manual and the Subdivision Design
Standards and Platting Procedures Manual.
City staff is also charged with following the application procedures and
requirements for various development review cases.
HEARING OFFICER
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The City of Clearwater relies on an administrative hearing officer appointed by
the State of Florida to handle the appeals process for various development
reviews. The hearing officer hears appeals of decisions made by the
Development Review Board.
PROCESSES
TYPE OF REVIEWS
The City of Clearwater offers three types of reviews for development or zoning
proposals:
. Hearings by boards, including public hearings and hearings other than public
hearings.
. Administrative (staff) reviews.
. Hearing officer appeals.
HEARINGS BY BOARDS
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Boards Affected:
Planning Board:
Rezonings
Site-Specific Land Use Plan/Comprehensive Plan
Amendments
Development Agreements
Development Review
Board:
Conditional Uses
Variances
Land Development Code Amendments
City Commission:
Site-Specific Land Use Plan/ Comprehensive Plan
Amendments
Land Development Code Amendments
General Principles For Public Hearinas: The Planning Board and Development
Review Board serve in a quasi-judicial capacity in some zoning-related matters.
The boards provide due process safeguards to all interested parties wishing to
be heard. The boards recognize the right of interested parties to present
witnesses, cross-examine opposing witnesses, introduce exhibits, and be
represented by an attorney, architect or other representative.
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Interested Parties: An interested party is any participant, any persons receiving
official notice from the City of a Public Hearing, the City of Clearwater, or any
other person having a demonstrable interest different in kind and degree than
that of the general public in the decision on the application to be heard.
Interested parties (other than applicants) or their representatives should file a
Notice of Appearance form with the Central Permitting Department before the
Public Hearing; however, failure to do so will not preclude them from being
heard. Representatives may also be subject to the City's lobbyist ordinance
(see Code of Ordinances, Sections 2.700 through 2.706).
Time Limitations: Boards may limit the time for presentations by applicants and
other interested parties; however, each person will be afforded a full and fair
opportunity to be heard. If an interested party is aware that his presentation will
be lengthy, he should notify the Central Permitting Department for scheduling
purposes.
Evidentiary Standards: All testimony given at Public Hearings will be under oath.
The boards may limit testimony or evidence which is hearsay, irrelevant, or
repetitive. Statements of counselor other representatives of interested parties
will be considered only as argument and not as testimony, unless based on
personal knowledge.
Board's Own Rules Of Procedure: The boards may adopt their own rules of
procedure where they do not conflict with the Land Development Code.
Standards Of Approval: The Planning Board and Development Review Board
will hear each application using the procedures in this section and decide
whether to:
GRANT,
DENY,
GRANT WITH CONDITIONS, or
CONTINUE TO A DATE CERTAIN
based on the evidence before the board. In making their determination, the
boards will use the standards listed under each application type in Section_.
Appeal From Commission or Board Decision:
. Any interested party may appeal a City Commission decision reached as a
result of a Public Hearing to the Circuit Court within thirty days of the decision.
. Any interested party may appeal a decision made by the Development
Review Board as a result of a Public Hearing to a hearing officer within 14
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days of the decision. Hearing officer decisions may be appealed to the
Circuit Court within thirty days of the decision.
. Planning Board decisions on Public Hearing cases are advisory in nature and
cannot be appealed.
Notice of public hearinas and appeals:
. Notices of public hearings will be published in a newspaper having general
daily circulation in the City. These notices will be published between 10 and
45 days prior to the public hearing, except for City initiated amendments to
the Zoning Atlas, Land Use Plan, Land Development Code text, and
Comprehensive Plan text, which will be noticed according to State Statutory
requirements for such amendments.
. Notices of public hearings will be mailed to the owners of real property within
500 feet of the subject property. Such mailed notices will be addressed to
the property owners appearing in the latest published ad valorem tax
records of the County Property Appraiser and will be mailed between 10 and
45 days prior to the public hearing except for City initiated amendments to
the Zoning Atlas, Land Use Plan, Land Development Code text, and
Comprehensive Plan text which will be noticed according to State Statutory
requirements for such amendments.
. For public hearings where action is continued or deferred by the reviewing
board or City Commission, additional notice will not be required for
continuances or deferrals periods of 45 days or less if the date of the
rescheduled hearing is announced prior to the conclusion of the advertised
hearing. Renotification will occur for continuances or deferrals of action
longer than 45 days.
Withdrawal of application: If an applicant submits a written request for a
withdrawal of a public hearing, and such withdrawal letter is received by the
City Clerk 10 or more days prior to the scheduled public hearing, all property
owners within 500 feet of the subject property will be notified of the withdrawal,
with the expense of withdrawal borne by the applicant. If withdrawal of the
application occurs none or fewer days prior to the public hearing, no
application for the identical request affecting the same property may be
submitted for at least six months from the date of withdrawal.
Resubmission of application: If an application is denied by the reviewing board
or City Commission, resubmission of the applicant can occur no sooner than six
months after the date of denial. The above time period is considered to have
commenced only after the completion of any administrative or judicial review
which may be sought regarding the application.
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Absence of applicant at hearino: If the applicant or applicant's representative
does not attend the noticed public hearing, such absence may be regarded as
grounds for denial of the application: however, it is not necessary for the
applicant of applicant's representative of an annexing property to attend any
public hearing.
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Planning Board
Land Use Plan/Comprehensive Plan
Amendments (not site-specific)
Neighborhood planning studies
Environmental issues
Transportation issues
City public works or construction projects
Historic preservation issues
Development Review
Board:
Design review
Appeals from staff-level design review decisions
City Commission:
Land Use Plan/Comprehensive Plan
Amendments (not site-specific)
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Procedures: In conducting these type of hearings, the Commission and the
boards will use their own rules of procedure.
Appeal From Commission or Board Decision:
The same requirements as for appeals of Public Hearing cases are established.
Notice of these hearinos and appeals: Notice of the above hearings and
appeals that is governed by the Florida Statutes will be in accordance with
those statutory requirements. For other cases, notice will be provided as
specified by the affected board.
ADMINISTRATIVE REVIEWS
These are reviews performed by City staff in accordance with both the
requirements laid out in this development code and other materials, including
procedures manuals, applications standards, and technical standards and e
procedures manuals.
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The Development Code Administrator, Building Official and City Engineer are
required to establish the application procedures and forms for the types of
reviews and to process these applications in a timely manner as established by
the processing procedures.
These procedures and standards, while not directly part of the Land
Development Code, are considered to be indirectly part of this code for the
purpose of code implementation. Therefore, these application procedures and
standards:
. Are part of the public record and subject to public scrutiny and evaluation.
. Contain specific processing guidelines which create rights for persons
applying for various development reviews.
. Create a set of formal requirements which allow all persons applying for a
particular review to be treated in a similar manner.
. May be appealed as provided in this development code.
HEARING OFFICER APPEALS
e The City of Clearwater has a hearing officer appeals process to serve as an
intermediate step between a Development Review Board decision and judicial
review of that decision by the Circuit Court. This process involves review of
board decisions by a State of Florida Administrative Hearing Officer.
The hearing officer appeals process is outlined below:
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. An appeal must be filed with the City Clerk within 14 days of the decision
being contested. The appeal must include a description of the basis for the
appeal and the applicable appeal fee.
. The receipt of an appeal stays the decision of the Board.
. The City Clerk will schedule an appeal hearing and provide the Hearing
Officer with all written materials used by the Board in reaching its decision, as
well as a tape recording and minutes of the meeting or meetings. Appeal
hearings will be noticed like any other public hearing involving this
development code.
NOTE: The appeal hearing is not a hearing de novo.
New evidence cannot be presented, but evidence that
directly supports or directly contradicts information
received by the Board at the public hearing may be
submitted.
. At the appeal hearing, the hearing officer establishes how the hearing is to
be conducted. The order of presentation is:
. Receipt of tapes, minutes and exhibits from the board meeting.
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. Each party may make opening statements (5 minutes each).
. Persons appealing the decision may state their case (20 minutes total).
. Persons supporting the appeal may state their case (10 minutes total).
. Persons opposing the appeal may state their case (20 minutes total).
. Rebuttal by persons appealing the case (10 minutes total).
. Summation by persons opposing the appeal (10 minutes total).
. Summation by persons appealing the case (10 minutes total).
. Hearing officer concludes the hearing.
. The hearing officer is authorized to:
. Determine if evidence and testimony is applicable to the case.
. Exclude irrelevant or repetitious evidence and testimony.
. Swear in witnesses.
. Allow reasonable cross examination of witnesses.
. Establish different time for presentations than those listed above.
. Allow parties to submit written findings of fact and conclusions of law
within a time table set by the hearing officer.
. The hearing officer renders a decision within 45 days of the hearing and is
guided by:
. The record of the board hearing.
. Relevant testimony and evidence presented at the appeal hearing.
. City code procedures and approval standards that were followed by
the board in reaching the decision.
. The City Comprehensive Plan, Development Code, and established
case law.
. The hearing officer decision is final, subject to judicial review. Judicial review
is by common law certiorari to the circuit court. Seeking judicial review stays
the hearing officer decision.
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DECLARATORY RULINGS
Declaratory rulings are formal interpretations of this development code. These
rulings are made by the Development Code Administrator and are to provide a
record of interpretations for consistent application of this code.
Declaratory rulings are to be in writing in a consistent format. On an annual
basis, the Development Code Administrator must present the Development
Review Board with a list of all declaratory rulings made during the previous year.
The Development Review Board will use this report to determine if code
amendments are necessary as a result of these interpretations. If this is the
case, code amendments will be processed and brought to the Development
Review Board and City Commission for consideration.
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ANNEXATIONS
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Annexations are additions to the corporate land area of a city. They include:
. Voluntary annexations, where the property owner(s) requests annexation,
usually in order to receive certain city services; or
. Involuntary annexations, where property is brought into the city without the
consent of the property owner to further city, county and state public service
provision and land use planning goals.
Incentives. The City of Clearwater promotes annexations within its "planning
area." This is the area that represents the City's ultimate growth and is defined
by interlocal agreement. Consequently, our annexation processing offers the
following incentives:
. The City of Clearwater Land Use Plan includes properties within the City's
"planning area," as well as those within its corporate limits. Annexations in the
"planning area" are not required to go through a Land Use Plan .-
amendment so long as no Land Use Plan category change is proposed. .
. No application fee is charged for annexation requests.
NOTE: Certain large scale annexations require Pinellas Planning Council review.
ANNEXATIONS
REVIEWED BY: Planning Board(Advisory Only); City Commission (Final Dedsion)
HEARING TYPE: Legislative
SUBMITTAL AND PROCESSING REQUIREMENTS: Submittal to Central Permitting
Department. Applications will be scheduled for public hearings before the Planning
Board and City Commission. Submittal must include applicable fees.
STANDARDS FOR APPROVAL:
1. The amendment will help implement the City's Comprehensive Plan.
2. Adequate public facilities will be continuously available to serve the property.
3. The amendment will not adversely or unreasonably affect the use of other
property in the area.
STATUTORY REFERENCE: Cha ter 171, FS.
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DEANNEXATION/MUNICIPAL CONTRACTION
Due to the infrequency of this type of application, Clearwater has established
no internal procedures. In the event that a deannexation/municipal
contraction request is received, it will be processed according to State Statutes
(see Chapter 1 71, FS).
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REZONINGS
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Rezonings are quasi-judicial or legislative decisions about the general use of
land. In Clearwater, rezonings are usually accompanied by a corresponding
application for Land Use Plan amendment (see Section _).
REZONINGS
REVIEWED BY: Planning Board (Advisory); City Commission (Final Decision)
HEARING TYPE: Public Hearing
SUBMITTAL AND PROCESSING REQUIREMENTS: Submittal to Central Permitting
Department. Applications will be scheduled for public hearings before the Planning
Board and City Commission. Submittal must include applicable fees.
STANDARD FOR APPROVAL:
The amendment will be consistent with the Comprehensive Plan, including the
following criteria:
. The allowable uses for the property are appropriate to the property in question
and compatible with existing and planned uses in the area.
. The amendment will not unreasonably burden public facilities and infrastructure. .
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LAND USE PLAN AMENDMENTS
Land use plan amendments are quasi-judicial or legislative decisions about the
general use of land. In Clearwater, land use plan amendments are subject to
review by state, regional and countywide planning agencies; outside agency
approval must occur in order for a land use plan amendment to be in effect.
LAND USE PLAN AMENDMENTS
REVIEWED BY: Planning Board (Advisory); City Commission (Final Decision, Contingent
on Approval by Following Reviewing Agencies: Florida Department of Community
Affairs; Tampa Bay Regional Planning Council; Pinellas Planning Council).
HEARING TYPE: Public Hearing (site-specific cases); Legislative (non-site-specific
cases)
SUBMITTAL AND PROCESSING REQUIREMENTS: Submittal to Central Permitting
Department. Applications will be scheduled for public hearings before the Planning
Board, City Commission, and Pinellas Planning Council. Submittal must include
applicable fees.
STANDARDS FOR APPROVAL (City Reviews Only):
1. The amendment will help implement the comprehensive plan.
2. Adequate public facilities will be continuously available to serve the property.
3. The amendment will not adversely or unreasonably affect the use of other
property in the area.
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PLANNED DEVELOPMENTS
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Planned developments are special zoning techniques used to promote flexibility
in land development in order to:
. Preserve important environmental features.
. Accommodate a compatible mixture of land uses.
. Accommodate unusual setbacks or unusual site design requirements.
. Promote infill development.
In order to accomplish the above goals, modification or variation of any of the
following development standards are feasible through the planned
development technique based on a comprehensive site design review.
. Setbacks
. Open Space
. Height
. Lot Width
. Lot Area
. Parking
. Landscaping
. Signs
. Fences and walls
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Floor area ratio, density, and design guideline requirements cannot be modified
or varied solely through the planned development technique.
Planned developments are permitted after a public hearing by the
Development Review Board if no Future Land Use Plan or Zoning Atlas
amendments are needed to accommodate the proposed uses. If Future Land
Use Plan or Zoning Atlas amendments are needed, public hearings are required
(in the following order) before the Planning Board and Development Review
Board for advisory recommendations and before the City Commission for final
action.
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PLANNED DEVELOPMENTS
REVIEWED BY: Development Review Board (no FLU or Z changes); Planning
Board, Development Review Board, and City Commission (FLU or Z changes).
HEARING TYPE:
Public Hearing.
SUBMITIAL REQUIREMENTS: Submittal is to the Central Permitting
Deparmtent. Submittal must include applicable fees.
STANDARDS FOR APPROVAL:
1. Compliance with either specific area or general design guidelines,
depending on location of planned development.
2. Promotes one or more of the following City goals:
- Protects or preserves important environmental features.
- Promotes infill development and reduces urban sprawl.
- Encourages creative use or preservation of open space or vistas.
3. Resolves unique site development limitations.
4. Provides for internal and external compatibility between land uses as
determined by traffic type and volume, building setbacks, open space, site
access, hours of operation, site activity, emissions and noise generation,
building and site appearance, architectural design and other factors which
the board or Commission determines appropriate to assess the compatibility
of uses.
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CONDITIONAL USES
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CONDITIONAL USES. Conditional uses are land uses that may be allowed after
receiving formal City approval through a quasi-judicial process: in short, they are
uses that may be conditionally allowed.
CONDITIONAL USES
REVIEWED BY: Development Review Board
HEARING TYPE: Public Hearing
SUBMITTAL REQUIREMENTS: Each application for a conditional use permit
must be accompanied by an accurate concept plan, drawn to scale
and fully dimensioned, illustrating the requested conditional use and all
site features relating to the requested conditional use. Generally, the
concept plan is to include the following, unless determined not to be
applicable by the Development Code Administrator:
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1. Current and proposed parking, pedestrian access, and vehicular
access.
2. Current and proposed locations, setbacks, uses, density, and gross floor
area of building and structures.
3. Current and proposed height of buildings and structures.
4. Current and proposed fences and landscaping.
5. Current and proposed dumpster and recycling receptacle location
and screening.
6. Type and general location of the natural features on and immediately
adjoining the site, including significant natural vegetation and areas
covered by tree canopy, as well as regulated natural features such as
wetlands, wetland buffers/setbacks, drainage ways or streams,
waterbodies, and designated specimen and historic trees.
7. Adjoining properties and the principal use of these properties.
PROCESSING PROCEDURES: Submittal to Central Permitting Department.
Applications will be scheduled for a public hearing before the
Development Review Board. Submittal must include applicable fees.
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.
.
.
STANDARDS FOR APPROVAL:
1) The use complies with the comprehensive plan, applicable CRA plans,
and similar long range planning documents, and all applicable
requirements of this development code and other City ordinances.
2) The use is consistent with the community character of the properties
surrounding the use. The following criteria will be utilized to determine
whether the use satisfies this standard:
(a) Whether the use is compatible with the surrounding natural
environment;
(b) Whether the use will have a substantial detrimental effect on the
property values of the properties surrounding the conditional use;
and
(c) Whether the use will be compatible with the surrounding uses as
measured by traffic type and volume, building setbacks, open
space, site access, hours of operation, site activity, emissions and
noise generation, building and site appearance, architectural
design and other factors which the Board determines appropriate
to assess the compatibility of uses.
3) Sufficient landscaping and screening must be provided to diminish
noise, reduce glare, and buffer high activity areas and objectionable
views that may be generated by the use in order to protect the
integrity of the surrounding neighborhood or uses; the Board may
establish buffering and screening requirements in excess of general
code requirements to enable this standard to be met.
4) The Board's determination of the applicant's ability and willingness to
meet all the conditions imposed by the Board as indicated by past
performance in meeting conditions established by the Board or history
of code violations.
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VARIANCES
.
Variances are justifiable deviations from code requirements that receive formal
City approval through an administrative or quasi-judicial process. Some small-
scale variances are approved by the Building Official as administrative building
code variances (see section _) or the Development Code Administrator as
minor variances (see section).
Most variances, however, are considered by the Development Review Board.
These include most building/flood code variances, dimensional variances to
Land Development Code standards, and sign variances. Variances to land use
intensity requirements (density and floor area ratio) are not permitted.
VARIANCES
REVIEWED BY: Development Review Board
HEARING TYPE: Public Hearing
SUBMITTAL REQUIREMENTS: Each application for a variance must be accompanied
by an accurate concept plan, drawn to scale and fully dimensioned, illustrating the
requested variance and all site features relating to the requested variance.
PROCESSING PROCEDURES: Submittal to Central Permitting Department.
Applications will be scheduled for a public hearing before the Development Review
Board. Submittal must include applicable fees.
STANDARDS FOR APPROVAL:
1. There are special circumstances related to the particular physical surroundings,
shape or topographical conditions applicable to the land or buildings, and such
circumstances are peculiar to such land or buildings and do not apply generally
to the land or buildings in the applicable zoning district.
2. The strict application of the provisions of the code would deprive the applicant of
the reasonable use of the land or buildings.
3. The variance is not based exclusively upon a desire for economic or other
material gain by the applicant or owner.
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intent of the land development code and comprehensive plan and will not be
materially injurious to surrounding properties or otherwise detrimental to the public
welfare.
5. The Board's determination of the applicant's ability and willingness to meet all
the conditions imposed by the Board as indicated by past performance in
meeting conditions established by the Board or history of code violations.
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MINOR VARIANCES
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Minor variances are justifiable small-scale deviations from code requirements
that receive formal City approval through an administrative process. The
purpose of this process is to provide property owners with an expedited review
of minor code deviations. Minor variances that are denied may be forwarded
to the Development Review Board as a regular variance, with the minor
variance fee credited toward the regular variance application fee.
The following code deviations may be processed as minor variances:
1. Side setback. Variation of a side setback of no more than ten percent or
two feet, whichever is less.
2. Rear setback. Variation of a rear setback of no more than ten percent or
five feet, whichever is less.
3. Street setback. Variation of a street setback of no more than ten percent or
five feet, whichever is less.
4. Setback from Coastal Construction Control Line (CCCL). All variations for
accessory structures like dune crossovers, pools and seawalls; variation of a e
principal structure setback of not more than ten percent.
5. Open space. Variation of an open space requirement of no more than five
percent.
6. Landscaping.
7. Number of parking spaces. Variation of the number of parking spaces of no
more than ten percent, with the maximum number of parking spaces being
varied limited to ten.
8. Paving of parking spaces.
9. Fence height, setback and landscaping. Variation of fence height by no
more than two feet; all variations involving fence setbacks and landscaping.
10. Signs. Variation of freestanding sign height of no more than two feet, of
freestanding sign setback and of freestanding or attached sign area of no
more than ten percent.
NOTES:
. City-owned properties are not eligible for minor variance review.
. Cumulative variance situations, such as a second side setback variance for
the same side of the same property, are not eligible to be reviewed as minor
variances.
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MINOR VARIANCES
REVIEWED BY: Development Code Administrator
SUBMITTAL REQUIREMENTS: Each application for a minor variance must be
accompanied by an accurate concept plan, drawn to scale and fully
dimensioned, illustrating the requested variance and all site features
relating to the requested variance.
PROCESSING PROCEDURES: Submittal to Central Permitting Department.
Applications will be processed within five working days. Submittal must
include applicable fees.
STANDARDS FOR APPROVAL:
1. There are special circumstances related to the particular physical
surroundings, shape or topographical conditions applicable to the
land or buildings, and such circumstances are peculiar to such land or
buildings and do not apply generally to the land or buildings in the
applicable zoning district.
2. The strict application of the provisions of the code would deprive the
applicant of the reasonable use of the land or buildings.
3. The variance is not based exclusively upon a desire for economic or
other material gain by the applicant or owner.
4. The granting of the variance will be in harmony with the general
purpose and intent of the land development code and
comprehensive plan and will not be materially injurious to surrounding
properties or otherwise detrimental to the public welfare.
5. Administrator's determination of the applicant's ability and willingness
to meet all the conditions imposed by the Administrator as indicated
by past performance in meeting conditions established by the
Administrator or reviewing board or history of code violations.
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DESIGN REVIEW
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Design review is an extremely important part of the City of Clearwater's
development review process. Good design adds value to City properties,
promotes City economic development and tourism objectives, and creates a
more livable community, while allowing flexibility and alternatives in
development decisions.
Incentives:
. No fees are charged for design review.
. Staff and board procedures are intended to :
. Provide constructive advice and design options from a professional
architectural perspective.
. Address the issue of design review from a public education standpoint
as well as from a regulatory standpoint.
. Recognize creative design ideas in keeping with the intent of the
design guidelines.
. Provide streamlined processing of design review applications at both
the administrative and review board levels.
In Clearwater, design review includes both an administrative process and a
board review process. Administrative review is provided by City staff in the
Central Permitting Department for the following cases:
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. Small-scale projects (generally those equal to or less than $500,000 in
construction value) and signs in areas covered by specific City design
guidelines (see Section _).
. Certain planned development projects (See Section _).
. All projects in other areas covered by the general design guidelines
established in Section _, including zoning districts where the technical
standards are based on design review.
Design review for the following cases is provided by the Development Review
Board: I
. Larger-scale projects (greater than $500,000 in construction value) irl areas
covered by specific City design guidelines (see Section _).
. Certain planned development projects (See Section _).
. Smaller-scale projects in areas covered by specific City design guidelines
determined by City staff to have a significant impact on City design review
objectives, including projects in high visibility or sensitive locations or of a
unique community nature.
. Appeals of administrative decisions regarding design review.
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ADMINISTRATIVE DESIGN REVIEW
Reviewed By:
City staff
Submittal Requirements: Each application for design review must be
accompanied by elevation drawings, photographs, site plans or other
information that accurately conveys the design elements and features of the
structure or sign undergoing design review. In some cases, similar information for
surrounding properties will be necessary.
Processing Procedures: Submittal to Central Permitting Department for staff
review.
Standards for Approval: Compliance with specific area design guidelines
and/or general design guidelines (see Section _).
Appeals: Appeals of staff decisions regarding design issues may be made to the
Development Review Board. No fees are charged for appeals, but application
submittals are the same as for other Board reviews.
BOARD DESIGN REVIEW
Reviewed By:
Development Review Board
Hearing Type:
Legislative
Submittal Requirements: Each application for design review must be
accompanied by elevation drawings, photographs, site plans, color and
material samples, and any other information that accurately conveys the
design elements and features of the structure or sign undergoing design review.
In some cases, similar information for surrounding properties will be necessary.
Processing Procedures: Submittal to Central Permitting Department.
Applications will be scheduled for a public hearing before the Development
Review Board.
Standards for Approval: Compliance with specific area design guidelines
and/or general design guidelines (see Section ).
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SITE PLANS AND PLOT PLANS
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Site plans and plot plans are an important development tool. They are useful
for identifying the availability of infrastructure to support a development project
and in determining whether City site development requirements are being met.
They provide the developer with service and building commitments on the part
of the City, as well as assuring a quality development project for both public
and private purposes.
INCENTIVES. City of Clearwater site and plot plan review procedures offer the
following:
. Scale/based reviews.
Plan data requirements vary with the size of the project: large-scale
projects with bigger impact require more detail than small scale,
simple projects.
. Fast approval.
City staff can usually approve plot plans on a ''walk-through'' basis:
staff also meets weekly to consider small-scale site plans in a
comprehensive fashion. More complicated, large-scale site plans
are reviewed by staff on a twice monthly basis. e
. Decisions are binding.
Decisions made by staff regarding site and plot plans are binding on
staff as well as on the applicant, unless there is an error or omission
involving a danger to public safety.
. Standardized Review.
Tt:le same City requirements apply to plot plans, and small-scale and
large-scale site plans, including zoning, stormwater retention,
parking, landscaping, design review, dumpster, and site lighting
requirements.
TOOLS AND TECHNIQUES. Site plans are divided into three categories for
processing purposes:
. Plot plans involve limited development of a single platted lot, such as
construction of a single family residence or a minor building addition that
doesn't affect other site features such as parking.
. Small-scale site plans involve development of single or multiple platted lots or
M&B parcels with more extensive site improvements (like parking lots) that
affect property containing less than one acre in area.
. Large-scale, or ''certified': site plans involve property containing one acre or
more. Previously-developed properties may also require site plans if building e
or parking lot additions are being proposed. For previously-developed
properties of one or more acres in area that have never had a certified site
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plan, a certified plan is only required if the proposed building addition results
in a 25% increase in overall floor area or number of units.
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Plot and site plan amendments. Plan amendments serve two important
functions. First, they allow changes to be made to provide flexibility in
development. Second, they provide a notice and record of these changes to
ensure proper site function and availability of public services. Amendments
occur at three levels:
. Amendments to plot plans and small-scale site plans - Plan amendments can
be "walked through" for immediate signoff by those City departments
affected by the proposed amendments. The file copy of the plans (and
associated construction drawings) can be "redlined" to reflect the approved
amendments.
. Minor amendments to certified site plans - Minor amendments (generally
changes involving less than a 25% increase in density or floor area or
changes to existing floor area involving less than 25% of total site
development) that do not have a comprehensive effect on how a site
functions can be handled by the submittal of supplementary drawings that
fully indicate the extent of the amendment(s). When a series of minor
amendments reach a cumulative change of 25% or more increase in density
or floor area or in changes to existing floor area involving 25% or more of
total site development, the amendment will generally be considered a
major one.
. Major amendments to certified site plans - Major amendments require
recertification of the certified site plan in order to fully evaluate site impacts
and to establish a record drawing for the development.
The Development Code Administrator determines the distinction between minor
and major amendments based on the above guidelines and an evaluation of
the effect of the amendment on the overall functioning of the site.
General submittal requirements: Site and plot plans should generally be drawn
to a minimum scale of one inch equals 50 feet. Where possible, the overall
sheet size should be 24 by 36 inches or less; larger size sheets are cumbersome
to use and file. When additional sheets are required, information must be
presented in a manner which allows ready indexing and comprehensive review.
In all cases, plans should be folded to assist us in distribution and filing.
Applications for site and plot plan reviews that include a complete listing of all
submittal requirements are available through the Central Permitting
Department.
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permits will not be issued for development projects until the plot/site plans and
construction drawings are consistent. However, we do allow the simultaneous
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review of these two component features of the site development planning
process to allow solutions to design problems to be worked out in a
comprehensive fashion and to expedite staff review.
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PLOT PLANS
REVIEWED BY: City Staff
SUBMITTAL REQUIREMENTS: Each application for plot plan review must be
accompanied by five copies of an accurate site plan, drawn to scale and fully
dimensioned, identifying:
1. Current and proposed parking, pedestrian access, and vehicular access.
2. Current and proposed locations, setbacks, uses, and density or gross floor
area of building and structures (as applicable).
3. Current and proposed height of buildings and structures.
4. Current and proposed fences and landscaping.
5. Current and proposed utilities, including water, sewer, gas, and storm water.
6. Tree survey showing the diameter at breast height (dbh) and species all
existing trees with a dbh of four inches or more, and identifying those trees e
proposed to be removed and those to be retained.
7. Existing utility easements, including Official Records book and page numbers,
and any proposed utility easements.
8. All variance or conditional use permit approval conditions, or subdivision
platting conditions.
PROCESSING PROCEDURES: Submittal to Central Permitting Department for
staff review. Submittal must include applicable fees.
STANDARDS FOR APPROVAL: Compliance with:
. Generally accepted engineering design standards
. City charter, comprehensive plan, codes and technical manuals
. Countywide land use plan rules
. Florida Statutes and Administrative Code
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SITE PLANS - SMALL-SCALE
REVIEWED BY: City Staff
SUBMITTAL REQUIREMENTS: Each application for small-scale site plan review must
be accompanied by an accurate site plan, drawn to scale and fully
dimensioned, identifying:
1. Current and proposed parking, pedestrian access, and vehicular access.
2. Current and proposed locations, setbacks, uses, and density or gross floor
area of building and structures (as applicable).
3. Current and proposed height of buildings and structures.
4. Current and proposed fences and landscaping.
5. Current and proposed site lighting.
6. Current and proposed dumpster and recycling receptacle location and
screening.
7. Type and general location of the natural features on and immediately
adjoining the site, including significant natural vegetation and areas covered
by tree canopy, as well as regulated natural features such as wetlands,
wetland buffers/setbacks, drainage ways or streams, waterbodies, and
designated specimen and historic trees.
8. Adjoining properties and the principal use of these properties.
9. Current and proposed storm water retention areas.
10. Current and proposed utilities, including water, sewer, gas, and storm water.
11. Site data table (see example provided in this section).
12. Tree survey showing the diameter at breast height (dbh) and species all
existing trees with a dbh of four inches or more, and identifying those trees
proposed to be removed and those to be retained.
13. Existing utility easements, including Official Records book and page numbers.
and any proposed utility easements.
14. All variance or conditional use permit approval conditions, or subdivision
platting conditions.
PROCESSING PROCEDURES: Submittal to Central Permitting Department for
staff review. Submittal must include applicable fees.
STANDARDS FOR APPROVAL: Compliance with:
. Generally accepted engineering design standards
. City charter, comprehensive plan, codes and technical manuals
. Countywide land use plan rules
. Florida Statutes and Administrative Code
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CERTIFIED SITE PLANS
There are two options for submitting certified site plans. The first option involves
a two step process. First, a concept plan is submitted meeting the requirements
for small-scale site plans. Once approved by staff, building permits can be
issued from this concept plan. However, prior to the issuance of a Certificate of
Occupancy for any building proposed on the site plan, a certified site plan must
be submitted and approved for the applicable project or phase thereof. The
second option is to submit the required information for a certified site plan at the
outset of the process; this allows site plan approval to occur in a single step.
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CERTIFIED SITE PLANS (LARGE-SCALE)
REVIEWED BY: City Staff
SUBMITTAL REQUIREMENTS: Concept Plans.
Each application for concept plan review must be accompanied by an
accurate site plan, drawn to scale and fully dimensioned, identifying the same
information required for small-scale site plans.
SUBMITTAL REQUIREMENTS: Certified Site Plans.
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Each application for certified site plan review must be accompanied by an
accurate site plan, drawn to scale, fully dimensioned, and signed and sealed
by a Florida-registered engineer or architect, identifying the same information
required for small-scale site plans, plus the following additional information:
1. Existing one-foot contours or key spot elevations on the site, including a 50
foot "radius" surrounding the site.
2. Phase lines, if the development is to be constructed in phases.
3. Driveway analysis information required in Section _'
PROCESSING PROCEDURES: Submittal to Central Permitting Department for
staff review. Submittal must include applicable fees.
STANDARDS FOR APPROVAL: Compliance with:
. Generally accepted engineering design standards
. City charter, comprehensive plan, codes and technical manuals
. Countywide land use plan rules
. Florida Statutes and Administrative Code
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SAMPLE SITE DATA TABLE
EXISTING
PROPOSED
REQUIRED
MIN. OR MAX.
ZONING DISTRICT:
USE:
LOT AREA ISQ.FT. & ACRES):
LOT WIDTH:
LOT DEPTH:
DENSITY:
BUILDING COVERAGE ISQ.FT. AND % OF
GROSS SITE):
GROSS FLOOR AREA AND F.A.R.:
SETBACKS
FRONT:
SIDE:
REAR:
WATERFRONT
SIDE:
REAR:
HEIGHT:IWITH BONUS
PROVISION IF APPLICABLE):
PAVED VEHICULAR AREAS
(SQ. FT. AND % OF SITE):
OPEN SPACE
TOTALS FOR FRONT YARD AND FOR THE LOT
(SQ. FT. AND %):
EXTERIOR PERIMETER BUFFERS:
PARKING LOT INTERIOR LANDSCAPING
(SQ. FT. AND % OF PAVED VEHICULAR
AREAS):
PARKING CALCULATIONS:
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SUBDIVISION PLATTING
A subdivision plat is a legal document filed in the public land records
establishing a legal description of lots and/or streets. A plat is required to
create a subdivision of land.
A subdivision is any division or redivision of land into two or more lots, tracts, sites
or parcels for the purpose of transfer of ownership or building development.
This includes any change in a property line of a lot or street right-of-way.
The City of Clearwater Subdivision Design Standards and Platting Procedures
Manual establishes development standards for subdivision design and detailed
procedures for the processing and recording of subdivision plats. These
standards and procedures must be met in order to create new subdivisions.
Incentives. The City of Clearwater recognizes the need for efficient and
orderly subdivision of land. Subdivisions result in necessary improvements to
public infrastructure, new or improved City parks, increased property values,
and preservation of environmentally sensitive lands. Consequently, we offer
the following incentives:
. Detailed standards for subdivision design and plat processing are available
for review in the City's Subdivision Design Standards and Platting
Procedures Manual. Trained City staff members are available to assist in the
use and understanding of this manual in both the Central Permitting and
Engineering departments.
. Streamlined review and processing of subdivision plats by City staff, including
an administrative design modification to the requirements of the Subdivision
Design Standards and Platting Procedures Manual.
. Certain small-scale subdivisions are exempt from the formal platting process.
These subdivisions are:
1. Subdivisions created by the widening of existing streets;
2. Changes to previously platted lots where all lots that are created meet
the minimum lot area and dimensional requirements of the applicable
zoning district(s); and
3. Newly subdivided land where no additional infrastructure is required
under the City's Subdivision Design Standards and Platting
Procedures Manual and where all lots that are created meet the
minimum lot area and dimensional requirements of the applicable
zoning district(s).
Processes. A series of steps must be followed in order to create a subdivision
plat. These steps are summarized in the following table and addressed in more
detail in the specific procedure headings that follow the table.
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SUBMITTAL PROCESS
EXISTING
INFRASTRUCTURE
PROPOSED
INFRASTRUCTURE
Administrative plat
approval
- Presubmission conference
(optional)
Preliminary plat review and
certification
- Design modification conference
(optional)
- Subdivision construction plan review
- Final plat review
ADMINISTRATIVE PLAT APPROVAL
The intent of this procedure is to provide a simplified administrative subdivision
platting process in cases where formal subdivision platting is exempted under
Section _. Incentives above.
ADMINISTRATIVE PLAT APPROVAL
REVIEWED BY: City Staff
SUBMITTAL REQUIREMENTS: Submittal to Central Permitting Department for staff
review. Submittals must include applicable fees.
PROCESSING PROCEDURES: Staff review: in granting approval, City staff may
impose conditions necessary to carry out the intent and purpose of this
development code, including compliance with the formal platting process.
STANDARDS FOR APPROVAL:
. City charter, comprehensive plan, codes and technical manuals
. Florida Statutes and Administrative Code
. Subdivision Design Standards and Platting Manual
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PRESUBMISSION CONFERENCE
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The optional presubmission conference procedure is to provide an opportunity
for the applicant and the City staff to meet regarding the concept and basic
elements of the proposed subdivision plat. This procedure is intended to
improve communication between the applicant and the City staff concerning
the applicant's proposal in order to facilitate the formal plat review and
approval process.
PRESUBMISSION CONFERENCE (OPTIONAL)
REVIEWED BY:
City staff
SUBMITTAL REQUIREMENTS: The applicant is encouraged to prepare such
preliminary information and sketch plat as may be useful to establish a full
understanding of the location, nature and parameters of the proposed
subdivision. It is recommended that the following information be provided:
. Aerial photograph.
. Site boundaries.
. General site topography. e
. Proposed lot boundaries and dimensions.
. Existing and proposed street configuration.
. Proposed public or common open space and facilities.
. Generalized surface drainage pattern and proposed detention facilities.
. Existing and proposed utility system (lines and appurtenances) impacts.
. Existing and proposed impacts to the roadway system.
PROCESSING PROCEDURES: Submittal to Central Permitting Department. No
application fee and no formal action will be taken at this stage. Conference
meeting will be scheduled by the Central Permitting Department.
CERTIFIED PRELIMINARY PLAT
The certified preliminary plat review procedure is established to:
. Allow careful review of the proposed subdivision plat to determine
compliance with the City's Subdivision Design Standards and Platting
Procedures Manual and this development code.
. Provide the applicant with an assurance of being able to develop the e
subject property in accordance with the certified preliminary plat and
subject to any minor field changes identified in the construction process.
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. Create a record of plat approval that will facilitate both of the above
purposes.
CERTIFIED PRELIMINARY PLAT
REVIEWED BY:
City staff
SUBMITTAL AND PROCESSING REQUIREMENTS: Submittal to Central Permitting
Department. Submittals must include applicable fees.
AMENDMENTS: City staff must approve all proposed changes to a certified
preliminary plat.
STANDARDS FOR APPROVAL:
. City charter, comprehensive plan, codes and technical manuals
. Florida Statutes and Administrative Code
. Subdivision Design Standards and Platting Manual
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DESIGN MODIFICATION CONFERENCE
At any point of the subdivision design stage, the applicant can request a
meeting with the City staff. It is the intent of this optional conference to discuss
technical requirements as they apply to the specific characteristics and
constraints of the site. At this meeting, City staff may allow design modifications
to the requirements of the Subdivision Design Standards and Platting Manual
plat upon determination that:
. A hardship will result from the strict application of the platting requirements of
the Subdivision Design Standards and Platting Procedures Manual or that
the purposes of the Manual may be better served by an alternative
proposal; and
. The granting of the modification will not be detrimental to the public safety,
health or general welfare or injurious to any other property or property
owner; and
. The modification will not conflict with the zoning district regulations or the
comprehensive plan.
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Design modifications may be approved with conditions necessary to carry out
the intent and purpose of this development code and the provisions of the
Subdivision Design Standards and Platting Procedures Manual
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SUBDIVISION CONSTRUCTION PLANS
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Subdivision construction plans are drawings that provide all the information
necessary to physically build the infrastructure required by the proposed plat.
The subdivision construction plan procedure is established to provide a technical
review of the documents upon which improvements are based and
construction contracts let by the applicant. The plans to be reviewed consist of
working drawings and design specifications. The subdivision construction plans
must provide complete design and construction information. This information is
necessary for evaluation of the quality and completeness of the proposed
engineering design, site and landscape planning, compliance with applicable
regulations of the City, and the establishment of a construction schedule for the
proposed improvements.
SUBDIVISION CONSTRUCTION PLANS
REVIEWED BY:
City staff
SUBMITTAL AND PROCESSING REQUIREMENTS: Following certification of the
preliminary plat, the applicant applies for a Subdivision Development Permit to e
allow review of the subdivision construction plans. Submittal is to the City
Engineer. Submittals must include applicable fees.
REQUIRED IMPROVEMENTS: Prior to the recording of a final plat, the applicant
must completely install or bond the installation of all of the required subdivision
improvements to the satisfaction of the City Engineer.
STANDARDS FOR APPROVAL:
. City charter, comprehensive plan, codes and technical manuals
. Florida Statutes and Administrative Code
. Subdivision Design Standards and Platting Manual
FINAL PLAT
A Final Plat is a drawing of the subdivision of land that is prepared by a surveyor
and recorded at the Office of the Clerk of the Circuit Court.
FINAL PLAT
REVIEWED BY:
City Staff
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requirements of Florida Statutes Chapters 177 and 472, Land Surveying and
Chapter 472.027, Minimum Technical Standards for Surveying and Mapping. The
Clerk of the Circuit Court sets all standards for sheet size and margins. The final
plat must be prepared on mylar in the manner prescribed in this article and by
State and County law. Submittal is to the City Engineer. Submittals must
include applicable fees.
PROCESSING PROCEDURES: The City Engineer will verify that all conditions
required on the preliminary plat are satisfied. Upon establishing methods of
guaranteeing installation of required improvements and determining that all
other requirements have been met, the original mylar tracing of the plat may
be approved by the City Engineer. The City will then forward the final plat
along with the proper documents and filing fees to the Clerk of the Circuit Court
for recording in the Public Records.
STANDARDS FOR APPROVAL:
. City charter, comprehensive plan, codes and technical manuals
. Pinellas County Clerk of the Court requirements
. Florida Statutes and Administrative Code
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BUILDING PERMITS
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Building permits are required for certain types of construction to determine if the
proposed construction conforms to the requirements of this development code.
The following tables list the types of construction that require a building permit.
Generally, work that is not structural in nature or involves less than $500 worth of
labor and materials is exempt from having to get a building permit.
PERMITS ARE REQUIRED FOR:
. Any building, electrical, gas, mechanical, or plumbing work, whether new,
enlarged, repaired, altered, moved, demolished, or change in the
occupancy of a building or structure.
. Temporary structures such as tents.
. Signs.
. Parking lots (including repaving and restriping).
. Dumpster and recvclina containers.
PERMITS ARE NOT REQUIRED FOR:
Carpeting, painting, wallpapering, paneling over existing walls, tiling, minor
repair work under $500 in value.
. Portable heating appliances.
. Portable ventilation equipment.
. Portable cooling units.
. Any steam, hot or chilled water piping within any heating or cooling unit
regulated by these codes.
. Replacement of any part which does not alter its approval or make it unsafe.
. Any portable evaporative cooler.
. Any self contained refrigeration system containing 10 pounds or less of
refrigerant and actuated by motors of one horsepower or less.
. Water softener units.
. Disposal, trash compactor, refrigerator, and dishwasher installation in
individual dwelling units
. Docks, including replacement decking (must comply with Pinellas County
Water & Navigation Authority requirements and receive City Harbormaster
approval)
. Fences and walls (zoning approval required)
. <40" dish antennas and standard non-freestanding receiver type antennas.
. Utility or storage sheds under 100 square feet.
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BUILDING PERMITS
REVIEWED BY:
City Staff
REVIEW TYPE:
Administrative
SUBMITTAL AND PROCESSING REQUIREMENTS: Submittal to Central Permitting
Department. Application processing times depend upon the complexity of the
request. Submittal must include applicable fees.
STANDARDS FOR APPROVAL: Compliance with:
. The standards of this development code, including specified standard
or national codes, amendments to theses codes as adopted by the
City or the Pinellas County Construction Licensing Board, plot and site
plan requirements, and subdivision platting requirements.
. The City Comprehensive Plan.
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OCCUPATIONAL LICENSES
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The City of Clearwater uses its occupational license program as both a revenue
service and, more importantly, a method for determining whether the
requested use is consistent with the requirements of this development code.
All businesses, professions and occupations located or operating in the City must
obtain an occupational license. More information about this program is
available in Chapter 29 of the Code of Ordinances.
OCCUPATIONAL LICENSES
REVIEWED BY:
City Staff
SUBMITTAL AND PROCESSING REQUIREMENTS: Submittal to Central Permitting
Department. Submittal must include applicable fees.
STANDARDS FOR APPROVAL: Compliance with:
. This development code and Chapter 29 of the City Code of
Ordinances.
. The City Comprehensive Plan.
. Applicable State and Federal regulations.
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CODE TEXT AMENDMENTS
From time to time, it will be necessary to amend this development code. Code
amendments may be proposed by citizens, City boards, City staff members, or
the City Commission. In particular, the Development Review Board is charged
with periodically reviewing both this development code and declaratory rulings
and recommending associated changes to the code.
Proposed code amendments will be prepared by the Development Code
Administrator and taken to the Development Review Board to be considered at
a public hearing. The Board will recommend to the City Commission whether or
not the code amendment should be adopted. The City Commission will hold
public hearings on proposed code amendments prior to adopting them. Code
amendments must be consistent with Pinellas Planning Council Rules, as well as
the City's Comprehensive Plan.
No application or submittal fee is charged to citizens who propose code
amendments.
Standards for Approval:
1. The amendment will further the goals of this development code.
2. The amendment will promote and is consistent with the City Comprehensive
Plan.
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COMPREHENSIVE PLAN TEXT AMENDMENTS
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From time to time, the City Comprehensive Plan text will require amendment.
Amendments must follow State statutory requirements (FS 163).
Plan amendments may be proposed by citizens, City boards, City staff or the
City Commission. In particular, the Planning Board is charged with periodically
reviewing the Comprehensive Plan and recommending associated changes to
the plan.
Proposed plan text amendments will be prepared by the Development Code
Administrator to be considered by the Planning Board at a hearing. The Board
will recommend to the City Commission whether or not the Comprehensive Plan
should be amended. The City Commission will hold hearings on proposed Plan
amendments prior to adopting them. Plan text amendments must be consistent
with Pinellas Planning Council Rules.
No application or submittal fee is charged to citizens who propose Plan text
amendments.
Standards for Approval:
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. The amendment will be consistent with the goals of the City.
. The amendment will further the goals of the State Comprehensive Plan
and/or the Regional Strategic Plan.
. The amendment is consistent with the Pinellas Planning Council Rules.
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TRANSFER OF DEVELOPMENT RIGHTS
Transfer of development rights (TDR) is a zoning technique that allows
development intensity to be transferred from one property to another to
promote redevelopment of the "receiving" property or to protect
environmental or open space characteristics of the "donating" property. It also
allows site development in a manner that recognizes unique site constraints or
development limitations of the parcels involved in TDR's. TDR's are both a land
use decision and a "bookkeeping" process.
Incentives. In Clearwater, TDR's are intended to be used to promote
redevelopment on Clearwater Beach or to protect environmental and open
space features and discourage urban sprawl on a citywide basis. Unique site
constraints or development limitations can also be addressed with TDR's on a
citywide basis.
. Hotel/motel and residential density transfers and commercial intensity
transfers can occur between "receiving" and "donating" properties
anywhere on Clearwater Beach that is designated Commercial-Tourist
Facilities on the City's Future Land Use Map.
. Environmental and open space TDR's are strongly encouraged on a citywide
basis. These TDR's should generally be accompanied by corresponding
Future Land Use Map and Zoning Atlas changes to protect the donating
properties.
. TDR's are not necessarily restricted to situations when the "donating" and
"receiving" properties are contiguous so long as the type of transferred
development intensity is allowed in both donating and receiving properties,
except that:
. Development intensity cannot be transferred out of the UC district.
. Development intensity cannot be transferred to coastal barrier islands
from mainland properties.
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TRANSFER OF DEVELOPMENT RIGHTS
REVIEWED BY: Planning Board (Advisory); City Commission (Final Decision)
HEARING TYPE: Legislative
SUBMITTAL REQUIREMENTS: Each application for a TOR must be
accompanied by:
. The legal description and ownership of the donating and receiving
properties.
. The acreage, zoning and land use classifications, and existing
allowable development intensity of the donating and receiving
properties.
. A complete description and justification of the TOR being requested.
. The legal mechanism proposed to effect the TOR.
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PROCESSING PROCEDURES: Submittal to Central Permitting Department.
Applications will be scheduled for public hearings before the Planning
Board and City Commission. Submittal must include applicable fees.
1. Staff schedules public hearings before the Planning Board and City
Commission.
2. The Planning Board holds a public hearing and issues an advisory
recommendation to the City Commission.
3. The City Commission holds a public hearing and issues a decision
regarding the TOR application.
4. The property owner(s) records the necessary legal documentation to
effect the TOR.
5. City staff makes Zoning Atlas notations that incorporate the TOR
provisions.
STANDARDS FOR APPROVAL:
1. Unique limitations and conditions of both. the "donating" and
"receiving" properties. e
2. Site design ramifications.
3. Public interest and benefit of the proposed transfer. Such benefits
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include whether the TOR will: protect wetlands and other natural
resources; promote infill development and redevelopment; discourage
urban sprawl; encourage the creative use of open space; and resolve
unique site development limitations or conditions.
4. The proposed transfer is consistent with the community character of the
properties surrounding the use.
NOTE: The Planning Board and City Commission cannot approve a TOR
that would establish a use that is not allowed under the applicable zoning
district or land use classification. In addition, the Planning Board and City
Commission cannot approve a TOR that would result in a cumulative
increase in density or intensity beyond that which could occur under
separate development of the TOR parcels.
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DEVELOPMENT AGREEMENTS
Development agreements are contracts pursuant to state laws (FS 163)
between the City and a developer regarding the development of property.
Development agreements are undertaken to:
. Promote public purposes such as the timely development of property,
extension or reservation of public services, or the preservation of
environmental features.
. Preserve the rights of the property owner to develop over time under
requirements established in the development agreement.
. Address unusual development circumstances involving annexation,
environmental features, market circumstances, and other factors defined in
the agreement.
Development agreements are considered in two phases. Phase I involves a
submittal of the proposed development agreement to the Development Code
Administrator for administrative consideration. The following materials must be
submitted as part of the Phase I application:
. Legal description of the property.
. List of property owners.
. Description and purpose of the agreement, including its proposed duration
and a list of any proposed contingent City approvals (e.g., variances, street
vacations, easements, site plans, etc.).
. Concept plan showing:
. Generalized development proposal, including proposed density,
intensity and height of structures.
. Environmentally sensitive lands.
. Public services required for the project.
. Phasing schedule.
. Any other features that directly pertain to the development
agreement.
. A draft agreement including a list of all City approvals requested or
required by the development agreement: termination provisions
consistent with state law: and a statement binding the successors of
the property owners to the agreement.
Phase II of the consideration of the development agreement involves
consideration of the agreement by the Planning Board and City Commission.
Submittal is again to the Development Code Administrator. The application
packet must include the same information provided in Phase I, as modified in
negotiations with City staff. Phase II submittals must also include the final
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negotiated development agreement. If the City Manager finds that the Phase
II submittals are consistent with the previous negotiations and agreements at the
staff level, the development agreement is scheduled for a public hearing
before the Planning Board and City Commission. The Planning Board will hold
an advisory public hearing and the City Commission will hold a formal public
hearing consistent with the notice provisions and hearing procedures
established in this chapter for public hearings.
If the City Commission adopts the development agreement, it is subject to State
of Florida monitoring and review as required under Chapter 163, FS.
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VESTED DEVELOPMENT RIGHTS
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Vested development rights are the rights of a property owner to develop
property under some previous approval or commitment by the City of
Clearwater. These rights are important mainly for the following reasons:
. The City has a concurrency management system that may result in previous
development approvals being invalidated if concurrency level of service
standards cannot be met.
. The City makes amendments to its Land Development Code and
Comprehensive Plan from time to time which may affect properties which
have prior development approvals that have expired.
A development may be considered vested if it is subject to an approved final
development order that has not expired. These final development orders are:
. Developments of Regional Impact.
. Final approved site plans.
. Certified site plans.
. Final subdivision plats.
. Building permits.
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Additionally, there may be some situations in which a property has vested
development rights even after the expiration of an approved final
development order. These circumstances will be considered by the
Development Code Administrator and City Attorney on a case-by-case basis.
This consideration will the evaluation of the extent to which the property bas
been developed under the expired final development order. For example, if
impact fees have been paid and substantial site improvements have been
installed, the development may be considered vested.
In all cases, the Development Code Administrator and City Attorney will use the
following two rules to evaluate vested development rights.
. Rule of equitable estoppel- This rule allows development rights to be vested
if there is substantial evidence that the property owner relied in good faith
upon some act or omission of the City and has made such a substantial
investment in reliance upon that act or omission that it would be highly
inequitable and unjust to not allow the property to be developed or
continue to be developed.
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. Rule against taking of property - Private property may not be taken without
due process of law and the payment of just compensation. In the context of
this code, the term "taken" does not mean that the owner has been
deprived of the highest and best use of the property, but that the owner has
been deprived of all reasonable use of the property, whether temporarily or
permanently. If it is determined that all reasonable use of the property has
been taken by a decision to not allow development to continue, some
vested development rights may be established for the property.
In addition to the above considerations, the City will comply with the provisions
of Chapter 70 of the Florida Statutes.
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CONCURRENCY MANAGEMENT
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Concurrency management is a system that ensures that required public services
are available at the time a development project needs them. Concurrency
management is both a State law requirement and an important development
tool.
Clearwater's concurrency management program is outlined below:
If a proposed development reduces the capacity or availability of certain
public services below level of service standards set in the City Comprehensive
Plan that development cannot be approve unless:
. The impact of the development is very small. We call this de minimis
development. We set our standard for de minimis development at
developments which generate fewer than 140 vehicle trips per day. De
minimis applies to parcels existing on or before May 31, 1 990, not to later
subdivision of those parcels that might result in a greater cumulative impact.
. The developer provides additional capacity or availability of the affected
public services that allow the level of service standards to be met. e
The City's concurrency management system has been in effect since May 31,
1990. Our experience with this system has shown that a developer is likely to
encounter few concurrency problems, except in the area of roads. However,
each development is reviewed for consistency with the level of service
standards for the following types of public services:
. Potable water
. Sanitary sewer
. Drainage
. Solid waste
. Parks & Recreation
. Roads
In Clearwater, each proposed development that is not de minimis is reviewed
to determine if City concurrency management requirements are met. Unless
otherwise requested by the developer, our concurrency reviews involve only
final development orders. Final development orders are:
. Developments of Regional Impact (DRI's).
. Final approved site plans.
. Certified site plans.
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. Final subdivision plats.
. Building permits.
If concurrency requirements are met, concurrency approval for the above final
development orders are good for the life of development order, or for two
years if no development order timetable is established.
A developer has the option to meet concurrency requirements at an earlier
point in the development process by requesting a concurrency review and
paying the impact fee for the project for those services that are desired to be
reserved. That is, a developer has the option to reserve capacity to meet
concurrency requirements by paying impact fees in advance. Of course, this
applies only if those services are available to be reserved.
In the event that a development cannot be approved due to concurrency
requirements, the developer has the following options:
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. Accept a 15 day encumbrance of public facilities that are available to serve
the development, and within that same 15 day period, reduce the scale of
development to a level which meets the level of service standard or
standards.
. Accept a 90 day encumbrance of public facilities that are available and,
within the same 90 day period, develop a realistic proposal to provide the
public facilities to meet the level of service standard or standards.
. Reapply for a concurrency review not less than 6 months following the denial
of the project to be constructed due to concurrency requirements.
. Appeal the concurrency denial to the City Manager based upon any of the
following reasons:
. A technical error.
. Alternative data or information that addresses the level of service
problem.
. Unwarranted delay in review of the development proposal that
allowed another applicant to receive or reserve the capacity.
Since roadway levels of service are the most critical concurrency issue in
Clearwater, the City may consider the following proposals to mitigate deficient
road conditions:
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. System improvements, including turn lanes, signals,
acceleration/deceleration lanes and intersection improvements.
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. Travel time/speed studies conducted using methodology and data
acceptable to the City Engineer that demonstrate no level of service e
problems.
. Alternative transportation programs, incentives and disincentives, including
transit systems, car pools, van pools, limited parking and staggered work
hours.
The City does not generally accept the following transportation mitigation
strategies:
. Improvements to roads that are not below level of service standards.
. Diversion of trips.
. Averaging (looking at the entire roadway system instead of the
roadway link).
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AGREEMENTS TO ANNEX
Agreements to annex are contracts between the City and property owners
regarding provision of City services prior to annexation. The City enters into
these agreements when the property owner desires to annex but cannot
because the property is not contiguous to the City limits or there exists some
other technical or physical reason why the annexation cannot be processed
immediately.
Agreements to annex for properties within the City's planning area (identified by
interlocal agreement and in the City Comprehensive Plan) can be considered
and approved by the Development Code Administrator in the following
circumstances:
. No service capacity or extension problems exist to serve the property (or the
property owner is willing to resolve these problems unilaterally).
. No land use plan amendment is required to accommodate the existing or
proposed use.
. The property is not contiguous to the City limits and that is the expressed
reason why the annexation cannot immediately proceed.
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in the above paragraph may only be approved by the City Commission as a
regular contractual agenda item.
In all cases, the property owner requesting an agreement to annex must:
. Submit any construction plans, surveys, plot or site plans, subdivision plats,
subdivision construction plans, or other documentation to show that City
development code requirements will be met for any proposed new
construction.
. Pay all required impact fees prior to receipt of any City services.
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DEVELOPMENTS OF REGIONAL IMPACT
(DRI'S)
Developments of Regional Impact (DRI's) occur infrequently in the City of
Clearwater. Consequently, no formal processing procedures have been
established by the City beyond those outlined in the State Statutes (Chapter
380.66, FS). These statutes, and the Florida Administration Code requirements,
will govern DRI application processing in the City of Clearwater.
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